2002-3437-EBA

06/09

Enrolled Bill Amendment to HB 1153

The Committee on Enrolled Bills to which was referred HB 1153

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 7 of the bill by replacing line 1 with the following:

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

Senator Pignatelli moved adoption.

2002-3507-EBA

04/10

Enrolled Bill Amendment to HB 1107

The Committee on Enrolled Bills to which was referred HB 1107

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 correction to the effective date section of the bill.

Amend the bill by replacing section 6 with the following:

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

Senator Pignatelli moved adoption.

2002-3496-EBA

03/09

Enrolled Bill Amendment to HB 701

The Committee on Enrolled Bills to which was referred HB 701

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 grammatical and technical corrections.

Amend the bill by replacing sections 2-3 with the following:

2 Purposes of Zoning Ordinances. Amend RSA 674:17, I(h)-(i) to read as follows:

(h) To assure proper use of natural resources and other public requirements; [and]

(i) To encourage the preservation of agricultural lands and buildings; and

(j) To encourage the installation and use of solar, wind, or other renewable energy systems and protect access to energy sources by the regulation of orientation of streets, lots, and buildings; establishment of maximum building height, minimum set back requirements, and limitations on type, height, and placement of vegetation; and encouragement of the use of solar skyspace easements under RSA 477. Zoning ordinances may establish buffer zones or additional districts which overlap existing districts and may further regulate the planting and trimming of vegetation on public and private property to protect access to renewable energy systems.

3 Subdivision Regulations. Amend RSA 674:36, II(i)-(j) to read as follows:

(i) Prescribe minimum areas of lots so as to assure conformance with local zoning ordinances and to assure such additional areas as may be needed for each lot for on-site sanitary facilities; [and]

(j) Include provisions which will tend to create conditions favorable to health, safety, convenience, or prosperity; and

(k) Encourage the installation and use of solar, wind, or other renewable energy systems and protect access to energy sources by the regulation of orientation of streets, lots, and buildings; establishment of maximum building height, minimum set back requirements, and limitations on type, height, and placement of vegetation; and encouragement of the use of solar skyspace easements under RSA 477.

Senator Pignatelli moved adoption.

HB 1133, relative to intrastate fresh pursuit.

HB 1166, relative to alcoholic product advertising.

HB 1184, permitting the department of health and human services to use the National Medical Support Notice.

HB 1201, relative to charitable trust customer data.

HB 1215, relative to county delegations.

HB 1225, relative to disclosure of referral restrictions.

HB 1254, relative to the budget preparation procedures of municipalities.

HB 1285, relative to the applicability of the stalking statute to minors.

HB 1367, relative to the childhood lead poisoning prevention program.

HB 1435, extending the reporting dates of certain study committees.

HB 1442, relative to eligibility for special number plates for former prisoners of war.

HB 1443, relative to eligibility for educational expenses incurred during placement in certain department of health and human services facilities.

Senator D'Allesandro moved adoption.

HB 462, requiring state regulatory boards, commissions, advisory boards, advisory committees, and authority to provide orientation information for new members.

HB 1104, establishing the Danny Carswell Memorial Patrol Shed in the town of Merrimack.

HB 1182, establishing a committee to study the development of home and community-based long-term supports for the elderly and adults with disabilities.

HB 1247, establishing a study committee to review the impact on revenue flows to municipalities from lands being bought by federal, state, and other public agencies from private entities for conservation purposes.

HB 1422, establishing certain positions in the insurance department.

SB 312, relative to quarterly payment of estimated interest and dividends tax.

SB 338, relative to ex parte orders in domestic relations cases.

SB 368, granting probate courts the power to issue attachments and levies of execution.

SB 369, relative to compensation of guardians and conservators for administrative expenses.

SB 370, removing and exemption to a limitation on service by a trustee, director, or officer at more than one financial institution.

SB 411, extending the reporting dates of certain study committees.

Senator D'Allesandro moved adoption.

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Thursday, April 18, 2002, at 10:15 p.m.

The Senate met at 10:15 a.m.

A quorum was present.

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

Senator Disnard led the Pledge of Allegiance.

The House of Representatives refuses to concur with the Senate in the passage of the following entitled Bills sent down from the Senate:

CACR 33, relating to procedure for nomination of judges.

SB 302, relative to privacy in the relationship between financial institutions and customers.

SB 317, establishing a committee to study boat registration fees and eradication of milfoil and other exotic weeds.

SB 330, relative to the administration of a patient’s own prescription by emergency medical care providers.

SB 345, making the misrepresentation of the geographic location of a business a violation of the consumer protection act.

SB 363, establishing a committee to study economic distortions associated with property taxation.

SB 380, establishing a committee to study the space needs of the division of safety services within the department of safety.

SB 436, allowing municipalities to adopt a lower interest rate charged on property tax payments for property redemptions.

SB 444, relative to parents in the classroom.

SB 447, requiring the real estate commission to create agency disclosure form and am agency informational brochure.

The House of Representatives concurs with the Senate in the passage of the following entitled Bills sent down from the Senate:

SB 313, relative to penalties for misrepresenting age for the purpose of procuring liquor or beverage.

SB 316, establishing a committee to study the fiscal relationship between the Pease development authority and the state and its political subdivisions.

SB 319, relative to participation in international lotteries.

SB 371-FN, relative to the regulation of manufactured housing parks.

SB 381, relative to the employee benefits of employees of the Pease development authority.

SB 404, changing certain limitations on investment management fees and investments by banks acting as fiduciaries.

SB 409, relative to the length of time reports of child abuse and neglect are maintained in the state’s central registry.

SB 414, relative to the committee allowing the use of business logo signing on the mainline of limited access and divided highways.

SB 418-FN, relative to unemployment compensation.

SB 426, relative to the use of force by persons entrusted with the care of minors in child care settings.

SB 433, establishing a standardized protocol for the investigation and assessment of child abuse and neglect cases and relative to grant applications for the investigation and assessment of child abuse cases.

SB 435-FN, requiring the supreme court to establish a mental health court pilot program in the Keene District Court.

SB 440, relative to rules for water conservation.

SB 453, relative to setbacks in the shoreland protection act.

SCR 3, a resolution expressing the fundamental importance of public health to the people of New Hampshire.

SCR 4, relative to prescription drug patient assistance programs.

10:16 A.M.

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.

Senator Below offered a floor amendment.

Sen. Below, Dist. 5

Sen. Wheeler, Dist. 21

April 18, 2002

2002-3596s

04/10

Floor Amendment to HB 1446

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 School Boards, Teachers; Instruction in Civics. RSA 189:11 is repealed and reenacted to read as follows:

189:11 Instruction in National and State History and Government; Instruction in Civics.

I. In all public and private schools in the state there shall be given regular courses of instruction in the history, government, and constitutions of the United States and New Hampshire, including the organization and operation of New Hampshire municipal, county, and state government and of the federal government.

II. The instruction required under paragraph I shall begin not later than the opening of the eighth grade and shall continue in all high schools in the state which shall include a one-year course in the history of the United States and New Hampshire.

III. In all high schools in the state, there shall be given a course of instruction in civics. This course shall be a one-half unit of credit required for graduation, and shall replace one-half of the social studies elective unit of credit as set forth in the administrative rules of the department of education at Ed. 306.23(f). The civics course may be locally developed provided, at a minimum, the course provides exposure to current governmental affairs and covers the following areas:

(a) Duties and responsibilities of a citizen.

(b) Opportunities of citizen participation and involvement in the governmental process.

(c) The structure and operation of government.

(d) The constitutional basis of our government.

(e) The interaction between local, state, and federal governments.

2 New Hampshire School Patriot Act in Public Schools. Amend RSA 194:15-a to read as follows:

194:15-a [Lord’s Prayer and Pledge of Allegiance] New Hampshire School Patriot Act in Public [Elementary] Schools. As a continuation of the policy of teaching our country’s history and to foster patriotism, [and as an affirmation of the freedom of religion in this country, a] school [district may authorize] districts are encouraged to establish a period of time during the school day for the recitation of the [traditional Lord’s prayer and the] pledge of allegiance to the flag [in public elementary schools]. Pupil participation in the [recitation of the prayer and] pledge of allegiance shall be voluntary. [Pupils shall be reminded that this Lord’s prayer is the prayer our pilgrim fathers recited when they came to this country in their search for freedom. Pupils shall be informed that these exercises are not meant to influence an individual’s personal religious beliefs in any manner. The exercises shall be conducted so that pupils shall learn of our great freedoms, which freedoms include the freedom of religion and are symbolized by the recitation of the Lord’s prayer.]

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

2002-3596s

AMENDED ANALYSIS

This bill provides that a one-half year course in civics shall be required for high school graduation.

This bill also establishes the New Hampshire School Patriot Act in which school districts are encouraged to establish a period of time during the school day for the recitation of the pledge of allegiance and that such recitation shall be voluntary.

Senator D'Allesandro offered a floor amendment.

2002-3516s

04/10

Floor Amendment to HB 1446

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 School Boards, Teachers; Instruction in Civics. RSA 189:11 is repealed and reenacted to read as follows:

189:11 Instruction in National and State History and Government; Instruction in Civics.

I. In all public and private schools in the state there shall be given regular courses of instruction in the history, government, and constitutions of the United States and New Hampshire, including the organization and operation of New Hampshire municipal, county and state government and of the federal government.

II. The instruction required under paragraph I shall begin not later than the opening of the eighth grade and shall continue in all high schools in the state which shall include a one year course in the history of the United States and New Hampshire.

III. In all high schools in the state, there shall be given a course of instruction in civics. This course shall be a one-half unit of credit required for graduation, and shall replace one-half of the social studies elective unit of credit as set forth in the administrative rules of the department of education at Ed. 306.23(f). The civics course may be locally developed provided, at a minimum, the course provides exposure to current governmental affairs and covers the following areas:

(a) Duties and responsibilities of a citizen.

(b) Opportunities of citizen participation and involvement in the governmental process.

(c) The structure and operation of government.

(d) The constitutional basis of our government.

(e) The interaction between local, state, and federal governments.

2 Lord’s Prayer [and Pledge of Allegiance] in Public Elementary Schools. Amend RSA 194:15-a to read as follows:

194:15-a Lord’s Prayer [and Pledge of Allegiance] in Public Elementary Schools. As [a continuation of the policy of teaching our country’s history and as] an affirmation of the freedom of religion in this country, a school district may authorize the recitation of the traditional Lord’s prayer [and the pledge of allegiance to the flag] in public elementary schools. Pupil participation in the recitation of the prayer [and pledge of allegiance] shall be voluntary. Pupils shall be reminded that this Lord’s prayer is the prayer our pilgrim fathers recited when they came to this country in their search for freedom. Pupils shall be informed that these exercises are not meant to influence an individual’s personal religious beliefs in any manner. The exercises shall be conducted so that pupils shall learn of our great freedoms, which freedoms include the freedom of religion and are symbolized by the recitation of the Lord’s prayer.

3 New Section; School Districts; New Hampshire School Patriot Act. Amend RSA 194 by inserting after section 15-b the following new section:

194:15-c 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. Pupils shall be reminded that the pledge of allegiance is an affirmation of the freedoms we enjoy, and is recited in remembrance of all the people who have sacrificed their lives in defense of our country and in the service of freedom.

III. Pupils shall be required to stand during the recitation of the pledge of allegiance as a gesture of respect to our nation’s flag just as the public is required to stand when addressing a judge in court as a gesture of respect to our judicial system. 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.

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

2002-3516s

AMENDED ANALYSIS

This bill provides that a one-half year course in civics shall be required for high school graduation.

This bill also provides that a school district may authorize the recitation of the pledge of allegiance and that such recitation shall be voluntary.

Senator Boyce is in favor of sections 2 & 3 on HB 1446.

Senator Fernald offered a floor amendment.

2002-3607s

04/10

Floor Amendment to HB 1446

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

1 New Hampshire School Patriot Act. RSA 194:15-a is repealed and reenacted to read as follows:

194:15-a 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.

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

2002-3607s

AMENDED ANALYSIS

This bill establishes the New Hampshire School Patriot Act in which school districts shall authorize a period of time during the school day for the recitation of the pledge of allegiance and that such recitation shall be voluntary.

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.

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

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.

Senator Burns (Rule #42).

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.

Senator McCarley moved to have HB 284, relative to additional emissions reductions from existing fossil fuel burning steam electric power plants, taken off the table.

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

Senator Pignatelli (Rule #42).

HB 1000-FN-A, relative to the acquisition and oversight of certain rights in land located in Pittsburg, Clarksville, and Stewartstown, known as the Connecticut Lakes headwaters tract and making an appropriation therefor; establishing funds for the stewardship of these lands; and allowing state agencies to hold certain rights under the New Hampshire land and community heritage investment program. Capital Budget Committee. Vote 4-0. Ought to pass with amendment, Senator Francoeur for the committee.

2002-3587s

06/01

Amend RSA 12-A:9-b, V as inserted by section 3 of the bill by replacing it with the following:

V. The duties of the committee shall include and be limited to:

(a) Providing advice to the monitoring entity for monitoring compliance with the terms and conditions of the working forest conservation easement covering approximately 146,400 acres of the Connecticut Lakes headwaters tract.

(b) Providing advice to the department of resources and economic development and the fish and game department on the management of public recreational use of the Connecticut Lakes headwaters tract, including the siting and approval of the first 10 new leases, the seasonal use of the road system, snowmobile trails and their use, and the terms for access and use of the tract by motorized vehicles. Such advice shall be offered in cooperation with the private landowner.

(c) Providing advice on the management of state park and natural areas within the tract owned in fee by the state.

(d) Providing advice to the department of resources and economic development and the fish and game department on any proposed revision to the stewardship or management plans required by the conservation easements on the 146,400 acres or the natural areas and, should amendments to these easements ever be contemplated, on the proposed amendments.

(e) Exercising authority to decide if 15 leases in addition to those in subparagraph (b) should be allowed and where such leases should be located, if the private owner or any future private owner requests this action.

(f) Exercising authority to decide if the private buyer, or any future private owner, should be allowed to exercise its rights under the conservation easement for commercial recreational activities for which the private owner may charge fees.

(g) Exercising authority to decide if the state can build structures for visitor support facilities as described in the conservation easement for the 146,400 acres.

Amend section 4 of the bill by replacing it with the following:

4 Acquisition of Certain Lands and Rights in Lands.

I. The governor is authorized to expend an amount not to exceed $10,000,000 to purchase fee real estate, conservation easement interests and to cover related acquisition costs for the property in Pittsburg, Clarksville, and Stewartstown, New Hampshire, consisting of approximately 171,500 acres known as the Connecticut Lakes headwaters tract. The purchase price of such real estate and conservation easement interests shall not exceed the appraised value. The 171,500 acres known as the Connecticut Lakes headwaters tract shall be purchased by The Trust for Public Land, a not-for-profit corporation, from International Paper Corporation on or before March 29, 2002 and such conveyance shall be recorded in the Coos county registry of deeds. The state shall then purchase real estate interests in the tract.

II. Of the acreage described in paragraph I, the state’s fee ownership of 25,000 acres in natural areas shall be subject to a conservation easement to be held by a qualified not-for-profit conservation organization or other qualified entity or both, and shall be managed in the public interest by the fish and game department. The conservation easement for such 25,000 acres shall be negotiated between the fish and game department and The Nature Conservancy, shall be substantially in the form of the February 6, 2002 Draft Grant of Conservation Easement, and shall be guided by the December 7, 2001 Final Report of the Connecticut Lakes Headwaters Partnership Task Force.

III. Of the acreage under paragraph I, 146,400 acres shall be sold to a private buyer subject to a perpetual conservation easement held by the state of New Hampshire under the jurisdiction of the department of resources and economic development. The conservation easement for such 146,400 acres shall be negotiated between the department of resources and economic development and the private buyer and approved by the commissioner of the department of resources and economic development, shall be substantially in the form of the January 18, 2002 Draft Grant of Conservation Easement, and shall be guided by the December 7, 2001 Final Report of the Connecticut Lakes Headwaters Partnership Task Force. One hundred acres shall be managed by the department of resources and economic development as an addition to the Deer Mountain campground.

Senator Disnard having voted on the prevailing side, moved reconsideration on HB 1462-FN-A-L, eliminating the statewide education property tax as a source of funding adequate education, whereby we ordered it to third reading.

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

HB 1370, relative to establishing a 6-year capital budget. Capital Budget Committee. Vote 3-0. Interim Study, Senator Pignatelli for the committee.

HB 631-L, relative to access to public school programs by nonpublic or home educated pupils. Education Committee. Vote 2-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2002-3577s

04/05

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

1 New Section; Pupils; School Attendance; Access to Public School Programs. Amend RSA 193 by inserting after section 1-b the following new section:

193:1-c Access to Public School Programs by Nonpublic or Home Educated Pupils.

II. Nothing in this section shall be construed to require a parent to establish a home education program which exceeds the requirements of RSA 193:1.

2 Repeal. RSA 193:1-a, II, relative to the eligibility of home educated resident pupils to attend curricular public school courses, is repealed.

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

2002-3577s

AMENDED ANALYSIS

This bill provides that home educated pupils shall have access to curricular courses or cocurricular programs offered by the school district in which the pupil resides, and that local school boards may establish a policy regulating participation in curricular courses and cocurricular programs, provided the policy is not more restrictive for non-public or home educated pupils than the policy governing the school district’s resident pupils.

HB 1328, defining instructional time in public elementary and secondary schools. Education Committee. Vote 2-1. Inexpedient to Legislate, Senator Disnard for the committee.

HB 1483, relative to municipal budget committees. Education Committee. Vote 2-0. Ought to Pass, Senator O'Hearn for the committee.

Senator O'Hearn offered a floor amendment.

2002-3580s

03/01

Floor Amendment to HB 1483

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 applicability of municipal budget committee laws to school districts located wholly within towns adopting the municipal budget committee laws.

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 of representatives.

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

3 Duties. The committee shall study the applicability of municipal budget committee laws to school districts located wholly within towns adopting the municipal budget committee 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.

2002-3580s

AMENDED ANALYSIS

This bill establishes a committee to study the applicability of municipal budget committee laws to school districts located wholly within towns adopting the municipal budget committee laws.

HB 1449-A, establishing a pilot program to study and establish protected instream flows and water management plans on the Lamprey River and the Souhegan River. Environment Committee. Vote 2-0. Ought to pass with amendment, Senator Below for the committee.

2002-3575s

06/09

Amend the bill by replacing sections 2 and 3 with the following:

2 Pilot Program Established; Instream Flow Rules for the Lamprey River and the Souhegan River.

I. There is established a pilot program for the purpose of studying and establishing protected instream flows and water management plans for the Lamprey River and the Souhegan River, and their respective tributary drainage areas.

II. The commissioner of the department of environmental services shall adopt instream flow rules pursuant to RSA 541-A and RSA 483:9-c relative to the Lamprey River, as designated in RSA 483:15, I, and the Souhegan River, as designated in RSA 483:15, XIII. For each of the designated rivers, the instream flow rules shall require that a protected instream flow study be conducted prior to the commissioner of the department of environmental services adopting a protected instream flow level and a water management plan.

III. The commissioner of the department of environmental services shall initiate and adopt rules pursuant to RSA 541-A for other rivers designated under RSA 483:15 only after the adoption and implementation of the rules relative to protected instream flows pursuant to RSA 483:9-c for the Lamprey and Souhegan rivers and completion of the report required under section 3, III(d) of this act, but not before December 1, 2006.

3 Instream Flow Technical Review Committees; Establishment; Duties.

I.(a) There are established instream flow technical review committees to assist in implementing the provisions of the pilot program for the Lamprey River and the Souhegan River. Prior to beginning a protected instream flow study for each river, an instream flow technical review committee for each river shall be appointed and convened. There shall be 14 members of each committee appointed as described by this paragraph.

(b) The duty of each committee shall be to advise the department on the preparation and conduct of the protected instream flow study. The committees may seek input from appropriate state and federal agencies and other interested parties as necessary.

(c) A committee member shall have either education or experience in water resources management or protection. The members shall be appointed by the commissioner of the department of environmental services in consultation with the rivers management advisory committee, as follows:

(1) One representative from New Hampshire fish and game department;

(2) One representative of the United States Environmental Protection Agency;

(3) One representative of the United States Fish and Wildlife Service;

(4) One representative of the United States Geological Survey;

(5) Four technical representatives of business interests, one of whom shall be a municipal water supplier;

(6) Four technical representatives of conservation interests; and

(7) Two ex officio representatives of the New Hampshire general court; the chairperson of the senate environment committee, or designee, and the chairperson of the house resources, recreation and development committee, or designee.

(d) The members of each committee shall elect a chairperson and vice-chairperson from among the members. The first meeting of each committee shall be called by the commissioner of the department of environmental services. Legislative members of each committee shall receive mileage at the legislative rate when attending to the duties of the committee.

(e) The instream flow technical review committees shall make annual reports regarding their progress and findings on or before November 1 of each year of their existence to the senate president, the speaker of the house of representatives, the governor, the commissioner of the department of environmental services, and the state library.

II.(a) There are established water management planning area (WMPA) advisory committees to assist in implementing the provisions of the pilot program for the Lamprey River and the Souhegan River. Prior to beginning a protected instream flow study for each river, a water management planning area advisory committee for each river shall be appointed and convened. There shall be up to 20 members of each committee appointed as described in this paragraph.

(b) The committee shall, with respect to the river for which the committee was appointed:

(1) Provide information toward the development of the water management plan and the implementation of the protected instream flow;

(2) Review and comment on the water management plan; and

(3) Assist the department in hearings, negotiations, and public meetings related to the protected instream flow and the water management plan.

(c) The members shall be nominated by the commissioner of the department of environmental services in consultation with the rivers management advisory committee and shall be appointed by the governor and approved by the executive council, as follows:

(1) Two local rivers management advisory committee representatives;

(2) Four affected business water users in the WMPA;

(3) One conservation commission member from a town or city in the WMPA;

(4) Up to 3 government official representatives from a town or city in the WMPA;

(5) One representative of recreational interests in the WMPA;

(6) One community citizen representative from a town or city in the WMPA;

(7) One representative of conservation interests in the WMPA;

(8) One representative of business in a town or city in the WMPA;

(9) One state senator in a town or city in the WMPA;

(10) One state representative in a town or city in the WMPA;

(11) One representative of a lake association in the WMPA, if any;

(12) One public water supplier in the WMPA, if any;

(13) One affected dam owner in the WMPA, if any; and

(14) One affected agricultural water user in the WMPA, if any.

(d) The members of each committee shall elect a chairperson and vice-chairperson from among the members. The first meeting of each committee shall be called by the commissioner of the department of environmental services. Legislative members of each committee shall receive mileage at the legislative rate when attending to the duties of the committees.

(e) Each water management planning area advisory committee shall make an interim report regarding their progress and findings on or before November 1 of each year of their existence to the senate president, the speaker of the house of representatives, the governor, the commissioner of the department of environmental services, and the state library.

III. The commissioner of the department of environmental services shall:

(a) By April 1, 2005, conduct protected instream flow studies and submit a report that details the results of science for the pilot program, including the projected impacts of the protected instream flows and water management plans to be implemented on water users, wildlife, recreation, and other interests along the rivers and any recommendations for proposed legislation. The department shall hold a public hearing jointly with the senate environment committee and the house resources, recreation and development committee within 60 days and be open for a public comment period of an addition 30 days. The department shall consider the public comments received in any revisions to the protected instream flow levels and water management plans for the Lamprey River and the Souhegan River.

(b) By October 1, 2005, adopt and implement the protected instream flows and water management plans relative to the Lamprey River and the Souhegan River.

(c) One year after the adoption and implementation of the protected instream flow levels and water management plans for the Lamprey River and the Souhegan River, the department shall hold a public hearing and open a 30-day public comment period. The department shall consider the public comments received in any revisions to the protected instream flow levels and water management plans for the Lamprey River and the Souhegan River.

(d) By December 1, 2006, submit a report that details the activities and results of the pilot program, including the impacts of the protected instream flows and water management plans on water users, wildlife, recreation, and other interests along the rivers and any recommendations for proposed legislation. The report shall also include a summary of public comments received and the completed instream flow studies and the adopted protected instream flow levels and water management plans and shall be submitted to the senate president, the speaker of the house of representatives, the governor, and the state library.

Senator Roberge moved to have HB 1302-FN, relative to retroactive health insurance denials, taken off the table.

Senator Eaton moved to have HB 1302, relative to retroactive health insurance denials,

laid on the table.

HB 1302, relative to retroactive health insurance denials.

HB 404, relative to rulemaking by the board of licensing for alcohol and other drug abuse professionals. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

HB 523, relative to filing fees and legislative approval of certain settlements by the attorney generals. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator Prescott for the committee.

2002-3590s

08/10

Amend the bill by replacing section 3 with the following:

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

HB 1207, relative to the regulation of the installation and servicing of fire suppression systems. Executive Departments and Administration Committee. Vote 4-0. Inexpedient to Legislate, Senator Flanders for the committee.

HB 1208, relative to real estate broker liens. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Francoeur for the committee.

HB 1318, relative to the regulation of the use of pharmaceutical agents and the treatment of glaucoma by licensed optometrists. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

HB 1343, relative to processing excavating and dredging permits. Executive Departments and Administration Committee. Vote 3-0. Interim Study, Senator Flanders for the committee.

HB 1388, relative to respiratory care. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 1429, relative to the scope of the consumer protection act. Executive Departments and Administration Committee. Vote 3-0. Interim Study, Senator Flanders for the committee.

Senator Flanders moved to ought to pass.

Senator Flanders moved to have HB 1429, relative to the scope of the consumer protection act, laid on the table.

HB 1429, relative to the scope of the consumer protection act.

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 4-0. Ought to pass with amendment, Senator Barnes for the committee.

2002-3540s

09/01

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] begin any appraisal work without first submitting [the proposed] a copy of the 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. Any contract or agreement entered into for a reassessment or new assessment ordered by the board of tax and land appeals, pursuant to RSA 71-B, shall be first submitted to the commissioner for examination and approval. 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 purpose 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.

2002-3540s

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 298-FN-L, relative to charter schools and establishing a charter school revolving fund. Finance Committee. Vote 3-2. Ought to pass with amendment, Senator Boyce for the committee.

2002-3576s

04/10

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 an amount not less than the base cost per pupil as determined in RSA 198:40 as adjusted for grade level weights as determined in RSA 198:38. 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 Paragraph; Charter School Funding. Amend RSA 194-B:11 by inserting after paragraph VIII the following new paragraph:

IX.(a) The pupil’s resident school district shall pay tuition in 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. Unless otherwise agreed upon, cash payment shall coincide with the schedule for grant payment set forth in RSA 198:42. 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.

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.

2002-3576s

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 cash tuition payments directly payable to the charter school.

HB 329-FN-L, establishing a committee to study indoor air quality and fire safety in public schools. Finance Committee. Vote 5-0. Ought to Pass, Senator Barnes for the committee.

HB 589, relative to eligibility for unemployment benefits for part-time workers.

MAJORITY REPORT: Inexpedient to Legislate, Senator Boyce for the committee. Vote 4-1

MINORITY REPORT: Ought to pass with amendment, Senator Larsen for the committee. Vote 1-4

Senate Finance - Minority

April 17, 2002

2002-3574s

08/09

Amend the bill by replacing section 6 with the following:

6 Effective Date.

I. Section 5 of this act shall take effect July 1, 2006.

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

2002-3574s

AMENDED ANALYSIS

This bill allows individuals willing and able to work at least 20 hours per week to collect unemployment benefits. The commissioner of employment security shall prepare and submit an annual report to the speaker of the house, the senate president, and the governor on the amount of additional benefits paid and administrative expenses incurred as a result. The provisions of this bill will expire on June 30, 2006.

This bill also makes gender neutral changes to RSA 282-A:31.

Senator Francoeur moved to have HB 589, relative to eligibility for unemployment benefits for part-time workers, laid on the table.

HB 589, relative to eligibility for unemployment benefits for part-time workers.

HB 650-FN, relative to master plans. Finance Committee. Vote 5-0. Ought to Pass, Senator Larsen for the committee.

HB 1259-FN-L, relative to the base cost for calculating adequate education grants. Finance Committee. Vote 6-0. Interim Study, Senator Boyce for the committee.

HB 1264-FN-L, relative to district courts and pleas by mail, and establishing a committee to study the operation and efficiency of motor vehicle trials in district courts. Finance Committee. Vote 6-0. Ought to Pass, Senator Below for the committee.

HB 1268-FN, establishing a net operating loss deduction in computing the business profits tax.

MAJORITY REPORT: Ought to Pass, Senator Gatsas for the committee. Vote 3-2

MINORITY REPORT: Ought to pass with amendment, Senator Below for the committee.

Vote 2-3

Senate Finance - Minority

April 17, 2002

2002-3579s

09/01

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

1 Business Profits Tax; Net Operating Loss Deduction. Amend RSA 77-A:4, XIII to read as follows:

XIII. A deduction for the amount of the net operating loss carryover determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 provided, however, that in calculating such net operating loss carryover, the election permitted under section 172(b) (3)[(C)] of the United States Internal Revenue Code in effect on December 31, 1996, shall not be allowed. For taxable periods ending on or before June 30, 2003, a net operating loss shall be apportioned in the year incurred according to RSA 77-A:3 [and such apportioned] Net operating [loss] losses may only be carried forward for the [5] 15 years following the loss year. For taxable periods ending on or before June 30, 2003, the amount of net operating loss generated in a tax year that may be carried forward may not exceed $250,000. In the case of a business organization not qualifying for treatment as a subchapter C corporation under the United States Internal Revenue Code, such deduction shall be the amount that would be determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 if the business organization were a subchapter C corporation and as limited by this section. A deduction for the amount of the net operating loss carryover shall be limited to losses incurred on or after [January 1, 1989] July 1, 1997.

2 Applicability. Section 1 of this act shall apply to returns and taxes due on account of taxable periods ending on or after July 1, 2003.

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

Senator Gatsas offered a floor amendment.

Sen. Gatsas, Dist. 16

Sen. Flanders, Dist. 7

Sen. Roberge, Dist. 9

Sen. O’Hearn, Dist. 12

Sen. Barnes, Dist. 17

Sen. Prescott, Dist. 19

Sen. Klemm, Dist. 22

April 18, 2002

2002-3603s

09/01

Floor Amendment to HB 1268-FN

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

AN ACT relative to the net operating loss deduction under the business profits tax.

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

1 Business Profits Tax; Net Operating Loss Deduction. Amend RSA 77-A:4, XIII to read as follows:

XIII. A deduction for the amount of the net operating loss carryover determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 provided, however, that in calculating such net operating loss carryover, the election permitted under section 172(b) (3)[(C)] of the United States Internal Revenue Code in effect on December 31, 1996, shall not be allowed. For taxable periods ending on or before June 30, 2003, a net operating loss shall be apportioned in the year incurred according to RSA 77-A:3 [and such apportioned]. Net operating [loss] losses may only be carried forward for the [5] 15 years following the loss year. For taxable periods ending on or before June 30, 2003, the amount of net operating loss generated in a tax year that may be carried forward may not exceed $250,000. In the case of a business organization not qualifying for treatment as a subchapter C corporation under the United States Internal Revenue Code, such deduction shall be the amount that would be determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 if the business organization were a subchapter C corporation and as limited by this section. A deduction for the amount of the net operating loss carryover shall be limited to losses incurred on or after [January 1, 1989] July 1, 1997.

2 Business Profits Tax; Net Operating Loss Deduction. RSA 77-A:4, XIII is repealed and reenacted to read as follows:

XIII. A deduction for the amount of the net operating loss carryover determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 provided, however, that in calculating such net operating loss carryover, the election permitted under section 172(b)(3) of the United States Internal Revenue Code in effect on December 31, 1996, shall not be allowed. For the taxable period beginning July 1, 2003 and ending June 30, 2004, a net operating loss shall be apportioned in the year incurred according to RSA 77-A:3. Net operating losses may only be carried forward for the 15 years following the loss year. For the taxable period beginning July 1, 2003 and ending June 30, 2004, the amount of net operating loss generated in a tax year that may be carried forward may not exceed $500,000. In the case of a business organization not qualifying for treatment as a subchapter C corporation under the United States Internal Revenue Code, such deduction shall be the amount that would be determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 if the business organization were a subchapter C corporation and as limited by this section. A deduction for the amount of the net operating loss carryover shall be limited to losses incurred on or after July 1, 1997.

3 Business Profits Tax; Net Operating Loss Deduction. RSA 77-A:4, XIII is repealed and reenacted to read as follows:

XIII. A deduction for the amount of the net operating loss carryover determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 provided, however, that in calculating such net operating loss carryover, the election permitted under section 172(b)(3) of the United States Internal Revenue Code in effect on December 31, 1996, shall not be allowed. For the taxable period beginning July 1, 2004 and ending June 30, 2005, a net operating loss shall be apportioned in the year incurred according to RSA 77-A:3. Net operating losses may only be carried forward for the 15 years following the loss year. For the taxable period beginning July 1, 2004 and ending June 30, 2005, the amount of net operating loss generated in a tax year that may be carried forward may not exceed $750,000. In the case of a business organization not qualifying for treatment as a subchapter C corporation under the United States Internal Revenue Code, such deduction shall be the amount that would be determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 if the business organization were a subchapter C corporation and as limited by this section. A deduction for the amount of the net operating loss carryover shall be limited to losses incurred on or after July 1, 1997.

4 Business Profits Tax; Net Operating Loss Deduction. RSA 77-A:4, XIII is repealed and reenacted to read as follows:

XIII. A deduction for the amount of the net operating loss carryover determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 provided, however, that in calculating such net operating loss carryover, the election permitted under section 172(b)(3) of the United States Internal Revenue Code in effect on December 31, 1996, shall not be allowed. For taxable periods beginning on or after June 30, 2005, a net operating loss shall be apportioned in the year incurred according to RSA 77-A:3. Net operating losses may only be carried forward for the 15 years following the loss year. For taxable periods beginning on or after June 30, 2005, the amount of net operating loss generated in a tax year that may be carried forward may not exceed $1,000,000. In the case of a business organization not qualifying for treatment as a subchapter C corporation under the United States Internal Revenue Code, such deduction shall be the amount that would be determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 if the business organization were a subchapter C corporation and as limited by this section. A deduction for the amount of the net operating loss carryover shall be limited to losses incurred on or after July 1, 1997.

5 Applicability.

I. Section 1 of this act shall apply to returns and taxes due on account of taxable periods ending on or before July 1, 2003.

II. Section 2 of this act shall apply to returns and taxes due on account of the taxable period beginning July 1, 2003 and ending June 30, 2004.

III. Section 3 of this act shall apply to returns and taxes due on account of the taxable period beginning July 1, 2004 and ending June 30, 2005.

IV. Section 4 of this act shall apply to returns and taxes due on account of taxable periods beginning July 1, 2005.

6 Effective Date.

I. Section 1 of this act shall take effect July 1, 2002.

II. Section 2 of this act shall take effect July 1, 2003.

III. Section 3 of this act shall take effect July 1, 2004.

IV. Section 4 of this act shall take effect July 1, 2005.

V. The remainder of this act shall take effect upon its passage.

2002-3603s

AMENDED ANALYSIS

This bill increases, over a 4-year period, the amount of net operating loss generated in a business profits tax year that may be carried forward for 15 years following the loss year.

Senator Hollingworth moved to have HB 1218, relative to the regulation of pharmacists and prescription drug orders, taken off the table.

HB 1218, relative to the regulation of pharmacists and prescription drug orders.

Senator Francoeur offered a floor amendment.

Sen. Francoeur, Dist. 14

Sen. Hollingworth, Dist. 23

Sen. Below, Dist. 5

April 18, 2002

2002-3615s

05/10

Floor Amendment to HB 1218

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

Amend the bill by replacing all after section 6 with the following:

7 New Paragraph; Pharmacy; Dealing in or Possessing Prescription Drugs. Amend RSA 318:42 by inserting after paragraph XII the following new paragraph:

XIII. A nurse licensed under RSA 326-B, who is an employee of a home health care or hospice agency licensed pursuant to RSA 151:2 and is acting in the course of employment, from organizing the prescription and nonprescription drugs of clients into containers designed to aid clients in carrying out a prescriber’s directions, provided that the organizing of drugs is documented in the client’s nursing record and that the original prescription containers remain in the client’s possession.

8 New Subparagraph; Controlled Drug Act; Non-Original Containers. Amend RSA 318-B:14, II by inserting after subparagraph (b) the following new subparagraph:

(c) A person may possess a controlled drug other than in the original container if the non-original container is a medication organizer designed to aid the person in carrying out the prescriber’s directions and the non-original container was organized by a nurse licensed under RSA 326-B who is an employee of a home health care or hospice agency licensed pursuant to RSA 151:2, and who is acting in the course of employment, provided the original prescription containers remain in the person’s possession.

9 Department of Health and Human Services; Medicaid Pharmacy Benefits Management Program.

I. The general court recognizes that there may be value to the Medicaid pharmacy benefits management program operated by the department of health and human services, but wants to provide both a full review of the program by the joint legislative committee on administrative rules and an opportunity for public comment on the specifics of the program.

II. The commissioner, in order to manage plan benefits under Medicaid, shall within 30 days of the effective date of this section adopt interim rules under RSA 541-A, and prior to their expiration, shall adopt rules under RSA 541-A, relative to a pharmacy benefits management program which may include provisions for:

(a) A medical pharmacy lock-in program to prevent recipients from obtaining excessive quantities of, or from inappropriately using, prescription drugs through multiple pharmacies; and

(b) A prior authorization process in which a prescriber seeks approval by the department, through its designated agent, to make payment for drugs which are considered to have a high potential for misuse or abuse, are high cost, or should be monitored for correct adherence to clinical protocols.

III.(a) The commissioner of health and human services shall establish a pharmacy and therapeutics committee to advise the department on the operation of the Medicaid pharmacy benefits management program, including the medications subject to prior authorization, the criteria for approving prior authorization including consideration of medical necessity, and the criteria for a pharmacy lock-in program designed to prevent recipients from obtaining excessive quantities of, or from inappropriately using, prescription drugs through multiple pharmacies.

(b) The committee shall include:

(1) The medical director of the department.

(2) Five persons appointed by the commissioner.

(3) Four physicians nominated by the New Hampshire Medical Society, who shall be from the following specialties:

(A) Internal medicine;

(B) Pediatrics;

(C) Family practice; and

(D) Psychiatry.

(4) Two pharmacists, one of whom shall be a Pharm.D, nominated by the New Hampshire Pharmacists Association.

(c) Persons nominated to the committee shall be subject to the approval of the commissioner. If the commissioner does not approve a nominee, the nominating entity shall submit additional nominees to the commissioner.

(d) In determining which medications shall be subject to prior authorization and in establishing the criteria for approving prior authorization or any changes thereto, the committee shall hold a public hearing to be scheduled at a time and place chosen to afford opportunity for the public to present its views. The committee shall give public notice of any hearing at least 30 days in advance of the hearing. Public notice shall include a public notice advertisement in a publication of daily statewide circulation.

IV.(a) The commissioner of health and human services shall report to the legislative oversight committee established in subparagraph (b) by November 1 of each year with respect to the Medicaid prescription drug benefits management program, including:

(1) The cost savings to the state realized during the current budget biennium from the institution of a prior authorization program;

(2) Any unintended costs in other Medicaid healthcare services programs, including long-term care admissions, hospital admissions, emergency room visits, and physician visits during the current budget biennium from the institution of a prior authorization program;

(3) A report on the volume of prior authorizations as a percentage of total claims, average call waiting time, and other issues that the state’s pharmacy benefits administrator is required to comply with under the terms of the pharmacy benefits management contract;

(4) A report of the effectiveness of the department of health and human services’ pharmacy lock-in program; and

(5) Recommendations for other opportunities to improve the management of pharmacy services or to expand pharmacy benefits to additional populations.

(b) For the purpose of legislative oversight of the Medicaid prescription drug benefits management program administered by the department, there is established a legislative oversight committee consisting of 3 members of the house of representatives appointed by the speaker and 3 senators appointed by the senate president. The committee shall meet as needed and shall elect a chairperson from among the members. The committee shall review the reports of the commissioner under subparagraph (a) and may request additional information as needed. The department shall provide to the oversight committee a report of actions taken by the pharmacy and therapeutics committee since the last meeting of the oversight committee, including a list of any medications made subject to prior authorization, the criteria for approving such prior authorization, and minutes of the pharmacy and therapeutics committee meetings. The oversight committee may request the assistance of the legislative budget assistant in auditing the program and in reviewing its performance and effectiveness. The committee may make recommendations for proposed legislation, and shall report any findings or recommendations, including the commissioner’s report under subparagraph (a), to the speaker of the house, the president of the senate, the governor, and the chairperson of the joint legislative committee on administrative rules by January 1 of each year.

10 Effective Date.

I. Section 9 of this act shall take effect upon its passage.

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

2002-3615s

AMENDED ANALYSIS

This bill:

I. Allows the board of pharmacy to authorize and regulate the temporary absence of pharmacists from the pharmacy, the use of centralized prescription processing, the electronic transmission of prescriptions, and the filling of prescriptions by automated pharmacy systems.

II. Allows the home health care or hospice agency nurses to organize a client’s prescription and nonprescription drugs into non-original containers.

3. Authorizes the commissioner of health and human services to operate a program for managing plan benefits under Medicaid, provides that the department adopt interim rules concerning the program, and establishes a legislative oversight committee.

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

Senator Disnard led the Pledge of Allegiance.

Senator Larsen is excused for the day.

HB 1273-FN, 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. Finance Committee. Vote 4-0. Ought to Pass, Senator Barnes for the committee.

Senator Barnes offered a floor amendment.

2002-3602s

04/09

Floor Amendment to HB 1273-FN

Amend the bill by inserting after section 23 the following and renumbering the original sections 24-25 to read as 25-26:

24 New Section; OHRV Use in Bear Brook State Park Prohibited. Amend RSA 216-F by inserting after section 5 the following new section:

216-F:6 OHRV Use in Bear Brook State Park Prohibited. Notwithstanding any provision of law to the contrary, all OHRV and other OHRV use in Bear Brook State Park shall be prohibited.

2002-3602s

AMENDED ANALYSIS

This bill implements various changes to the existing laws relative to the operation and registration of off highway recreational vehicles (OHRV), including:

I. The establishment of procedures for ATV and trail bike operation on state lands.

II. The implementation of a 2-step process based on coarse and fine filter criteria for the evaluation of any new trail proposals for all terrain vehicles (ATV) or trail bikes.

III. Increasing the resident and nonresident OHRV registration fees.

IV. An increase in fines for violations of laws governing OHRV and ATV operation.

V. Prohibiting all OHRV and other OHRV use in Bear Brook State Park.

Senator Barnes is in favor of the floor amendment to HB 1273-FN.

HB 1366-FN, establishing a state employee recognition and award program. Finance Committee. Vote 5-0. Ought to pass with amendment, Senator Boyce for the committee.

2002-3567s

09/01

Amend the bill by replacing section 2 with the following:

2 State Employee Recognition and Award Program. RSA 99-E is repealed and reenacted to read as follows:

CHAPTER 99-E

STATE EMPLOYEE RECOGNITION AND AWARD PROGRAM

99-E:1 Committee. There is hereby established an evaluation committee to review employee suggestions and extraordinary service and to make awards.

I. The committee shall consist of:

(a) The director of personnel, who shall serve as chairman.

(b) The commissioner of administrative services, or designee.

(c) Two members, appointed by the governor from certified bargaining representatives selected from lists to be provided by the bargaining organization, who shall have 2-year terms.

(d) One member of the senate, appointed by the senate president, who shall serve a term coterminous with the member’s legislative term.

(e) One member of the house of representatives, appointed by the speaker of the house of representatives, who shall serve a term coterminous with the member’s legislative term.

(f) One member selected by the other members, who shall have a 2-year term.

II. The committee shall submit to the governor and the general court a biennial report of its activities, including employees recognized and rewarded, and efficiencies realized. The report shall be submitted by October 1 of each even-numbered year.

99-E:2 Awards. The committee shall give recognition, and if appropriate, awards to state employees as follows:

I. Monetary awards for original suggestions to improve government operation, safety, cost-savings, or efficiency; or

II. Nonmonetary recognition for extraordinary service in the interest of the state. Any state employee shall be eligible based on a suggestion or service which is outside or beyond the employee’s regular responsibilities or performance standards.

99-E:3 Administration of Monetary Awards Program.

I. A state employee interested in receiving a monetary award under RSA 99-E:2, I shall submit in writing an original proposal to the employee’s department head and the legislative budget assistant. The written proposal shall include the employee’s name, position, department, and the date and time of filing. Employees may jointly submit one proposal. If the same idea is submitted individually, the first to submit the written proposal to the department head and to the legislative budget assistant shall be entitled to any award.

II. Within 90 days of receiving the proposal, the department shall inform the employee and the legislative budget assistant in writing whether they intend to implement the proposal or whether more information is required. If more information is needed, the department shall state the amount of additional time required and shall notify the employee and the legislative budget assistant in writing of the department’s decision regarding implementation of the proposal.

III. Within 12 months of implementation, the legislative budget assistant shall conduct an audit to determine the amount of cost-savings resulting from the employee’s proposal. The cost of the audit shall be paid by the department in the next biennium from moneys identified as resulting from any cost-savings.

IV. By February 1 of each year, the legislative budget assistant shall submit award proposals received in the previous year, whether such proposals were implemented or not, to the committee, the governor and council, the speaker of the house of representatives, and the president of the senate.

99-E:4 Amount of Monetary Awards.

I. An employee who is eligible for a monetary award under RSA 99-E:3 shall receive either $10,000 or 10 percent of the cost-savings realized in the first year of implementation of the proposal, whichever is less.

II. An amount equal to the monetary award shall be appropriated to the department in the biennium following implementation of the proposal. If the department is federally funded, the award shall be paid from the general fund, and the governor is authorized to draw a warrant for award granted out of any money in the treasury not otherwise appropriated. If the department is self-funding, the award shall be paid from the department’s operating budget. The department head shall certify any amounts so appropriated to the director of personnel for transfer and payment to the employee.

99-E:5 Nonmonetary Recognition. A state employee shall be eligible for recognition under RSA 99-E:2, II based on the recommendation of the employee’s supervisor or department head, for extraordinary suggestions or service in the interest of the state which are beyond the employee’s regular responsibilities or performance standards. The committee, in conjunction with the employee’s supervisor or department head, shall determine the appropriate form of recognition to which the employee is entitled.

99-E:6 Entitlement. No person shall have any vested rights to such recognition or award under this chapter.

99-E:7 Rulemaking. The committee shall adopt rules, pursuant to RSA 541-A, relative to:

I. Procedures for submitting suggestions and nominations based on extraordinary service.

II. Standards for giving recognition and rewards.

III. Standards for the amount of reward based on the value of the suggestion or service.

HB 1393, relative to business replacement costs resulting from government program displacement. Finance Committee. Vote 4-2. Ought to pass with amendment, Senator Eaton for the committee.

2002-3568s

09/10

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

AN ACT relative to a study of the payment of business replacement costs resulting from government program displacement and relative to maximum payments for certain displacement expenses.

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

1 Committee to Study Eminent Domain Proceedings; Duty Added. Amend section 3 of SB 187-FN of the 2002 session by inserting after paragraph V the following new paragraph:

VI. Study the payment of business replacement costs resulting from government program displacement.

2 Committee Established.

I. There is established a committee to study the payment of business replacement costs resulting from government program displacement.

II.(a) The members of the committee shall be as follows:

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

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

(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III. The committee shall study the payment of business replacement costs resulting from government program displacement.

IV. 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.

V. 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.

3 Moving and Related Expenses. Amend RSA 124-A:3, I(d) to read as follows:

(d) Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, in accordance with criteria to be established by the lead agency, but not to exceed [[$10,000] $250,000.

4 Contingency. If SB 187-FN of the 2001 legislative session becomes law, then section 1 of this act shall take effect upon passage of this act and section 2 of this act shall not take effect. If SB 187-FN does not become law, then section 2 of this act shall take effect upon passage of this act and section 1 of this act shall not take effect.

5 Effective Date.

I. Sections 1 and 2 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect upon its passage.

2002-3568s

AMENDED ANALYSIS

This bill provides for the study of payment of business displacement costs resulting from government program displacement.

The bill also increases the maximum payment which a displaced person may be paid by a displacing agency for actual reasonable expenses necessary to reestablish a displaced form, nonprofit organization, or small business at its new site.

Senator Gordon moved to have HB 1393, relative to business replacement costs resulting from government program displacement, laid on the table.

HB 1393, relative to business replacement costs resulting from government program displacement.

HB 1451-FN-A, implementing the Mobile Telecommunications Sourcing Act and relative to the telecommunications equipment assistance program. Finance Committee. Vote 5-0. Ought to Pass, Senator Gatsas for the committee.

HB 1467-FN, relative to the cost of vaccines. Finance Committee. Vote 5-1. Ought to pass with amendment, Senator Hollingworth for the committee.

2002-3499s

01/09

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

II. The general court further finds that future funding for vaccines is in jeopardy due to the increasing costs of existing vaccines, the expected introduction of new and more costly products, and the unpredictability of financial participation by insurers. Therefore, it shall be the responsibility of the department of health and human services to purchase vaccines at the most economical price using a combination of general funds, federal funds, and funds provided by insurers through the New Hampshire vaccine association, and it shall be the responsibility of insurers to reimburse the state for the cost of vaccines that are provided to New Hampshire insured resident children.

Amend RSA 126-Q:1 as inserted by section 2 of the bill by replacing it with the following:

126-Q:1 Definitions. In this chapter:

I. "Association" means the New Hampshire vaccine association.

II. "Commissioner" means the commissioner of the department of health and human services.

III. "Covered lives" shall have the same meaning as defined in RSA 404-G:2, V.

IV. "Estimated vaccine cost" means the estimated cost to the state over the course of a state fiscal year of the purchase, distribution, and administration of vaccines purchased at the federal discount rate by the department of health and human services.

V. "Health insurance" shall have the same meaning as defined in RSA 404-G:2, VII.

VI. "Licensed insurer" means any entity licensed pursuant to RSA 402, RSA 420-A, or RSA 420-B. "Licensed insurer" shall not include the New Hampshire Individual Health Plan Benefit Association.

VII. "Total non-federal program cost" means the estimated vaccine cost less the amount of federal revenue available to the state for the purchase, distribution, and administration of vaccines.

VIII. "Vaccine" means any preparations of killed microorganisms, living attenuated organisms, or living fully virulent organisms that are approved by the federal Food and Drug Administration and recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention and have been authorized by the commissioner of the department of health and human services for administration to children of the state of New Hampshire under the age of 19 years for the purposes of producing or artificially increasing immunity to particular life-threatening and disabling diseases.

Amend RSA 126-Q:4 as inserted by section 2 of the bill by replacing it with the following:

126-Q:4 Assessment Determination.

I. The commissioner shall calculate the total non-federal program cost no later than October 1 of each year.

II. The board shall determine the amount to be raised by the association by multiplying the ratio of the number of covered lives to the total number of non-elderly New Hampshire residents by the total non-federal program cost.

III. For any year in which the total non-federal program cost exceed 50 percent of the estimated vaccine cost, then the amount to be raised by the association shall be determined by multiplying the ratio of the number of covered lives to the total number of non-elderly New Hampshire residents by 50 percent of the estimated vaccine cost.

IV. Each licensed insurer shall be assessed in proportion to the number of its covered lives.

V. The aggregate amount to be raised by the association shall include credit for any surpluses remaining from prior years, as well as reasonable costs for the association’s administration.

HB 672, relative to insurance coverage for mental and nervous conditions and for treatment for chemical dependency. Insurance Committee. Vote 3-2. Ought to pass with amendment, Senator Burns for the committee.

2002-3553s

09/04

Amend RSA 415:18-a, I(a) (4) as inserted by section 1 of the bill by replacing it with the following:

(4) Psychiatric/mental health advanced registered nurse practitioners.

Amend RSA 415:18-a, I(c) as inserted by section 1 of the bill by replacing it with the following:

(c) Policies written pursuant to this section shall include coverage for expenses arising from treatment for chemical dependency including alcoholism, up to a specified limit which may be defined in terms of a dollar amount or a maximum number of days or visits. Coverage for expenses arising from treatment for chemical dependency, including alcoholism, shall include both an inpatient and an outpatient benefit for detoxification and rehabilitation.

Amend RSA 420-B:8-b, III as inserted by section 2 of the bill by replacing it with the following:

2002-3553s

AMENDED ANALYSIS

This bill revises the laws relative to insurance coverage for mental and nervous conditions. The bill also requires insurance coverage for treatment for chemical dependency, including alcoholism.

Senator Francoeur offered a floor amendment.

2002-3592s

01/09

Floor Amendment to HB 672

Amend RSA 415:18-a, I(a) (4) as inserted by section 1 of the bill by replacing it with the following:

(4) Psychiatric/mental health advanced registered nurse practitioners.

Amend RSA 415:18-a, I(c) as inserted by section 1 of the bill by replacing it with the following:

(c) Policies written pursuant to this section shall include coverage for expenses arising from treatment for chemical dependency including alcoholism, up to a specified limit which may be defined in terms of a dollar amount or a maximum number of days or visits. Coverage for expenses arising from treatment for chemical dependency, including alcoholism, shall include both an inpatient and an outpatient benefit for detoxification and rehabilitation.

Amend RSA 420-B:8-b, III as inserted by section 2 of the bill by replacing it with the following:

Amend the bill by deleting section 4 and renumbering the original section 5 to read as 4.

2002-3592s

AMENDED ANALYSIS

This bill revises the laws relative to insurance coverage for mental and nervous conditions. The bill also requires insurance coverage for treatment for chemical dependency, including alcoholism.

HB 1142, relative to the advisory council on unemployment compensation. Insurance Committee. Vote 4-1. Ought to pass with amendment, Senator Flanders for the committee.

2002-3558s

08/09

Amend the bill by replacing section 1 with the following:

1 Advisory Council. Amend RSA 282-A:128 to read as follows:

282-A:128 Advisory Council. There is hereby created within the unemployment compensation bureau an advisory council on unemployment compensation, hereinafter called the advisory council. The advisory council shall consist of 9 members to be appointed, with the exception of the legislative members, [upon recommendations of the commissioner] by the governor with the consent and advice of the governor’s council. Three of the appointees of this advisory council shall be persons who, because of their vocations, employment or affiliations, shall be classed as representing the point of view of employers; 3 shall be persons who, because of their vocations, employment or affiliations, shall be classed as representing the point of view of employees; one shall be a senator from the insurance committee appointed by the senate president; one shall be a representative from the labor, industrial and rehabilitative services committee appointed by the speaker of the house; the remaining appointee, who shall be designated as chairman, shall be a person whose training and experience qualify him to deal with the problems of unemployment compensation. Such advisory council shall meet no later than 45 days after each calendar quarter and aid the commissioner in formulating policies and discussing problems related to the administration of this chapter and in assuring impartiality and freedom from political influence in the solution of such problems. Advisory council meetings shall provide opportunity for public comment. Public comment shall be limited to items on the agenda.

Senator Johnson moved to have HB 592-FN-A, relative to a milfoil and other exotic aquatic plants prevention program, taken off the table.

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

HB 1194, relative to medical records. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Hollingworth for the committee.

2002-3561s

09/01

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

AN ACT relative to employer-sponsored group health insurance plans, relative to certain technical changes in the insurance laws, and establishing a study committee on employer-sponsored group health insurance plans and cancellations of such plans.

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

1 New Subdivision; Employer-Sponsored Group Health Insurance Plan. Amend RSA 415 by inserting after section 24 the following new subdivision:

Employer-Sponsored Group Health Insurance Plans

415:25 Employer-Sponsored Group Health Insurance Plans.

I. Any employer offering a group health insurance plan under this chapter, RSA 420-A, or RSA 420-B to its employees shall notify the health insurance carrier of the amount of such employer’s employee contributions for such plan.

II. The health insurance carrier shall notify the insurance commissioner in the event that an employer is over 31 days delinquent regarding the payment of the premium.

2 New Subdivision; Employer-Sponsored Group Health Insurance Plans. Amend RSA 275 by inserting after section 60 the following new subdivision:

Employer-Sponsored Group Health Insurance Plans

275:61 Employer-Sponsored Group Health Insurance Plans; Escrow Required. Following one notification of delinquency under RSA 415:25, II, an employer offering a group health insurance plan, issued pursuant to RSA 415, RSA 420-A, or RSA 420-B, to its employees shall maintain an escrow account or accounts, separate and apart from an individual or office account, into which all employee contributions for such health insurance plan shall be deposited. The escrow account or accounts shall be maintained in an insured financial institution within the state of New Hampshire. The employer shall certify to the health insurance carrier that such an account has been established.

3 Standards for Accident and Health Insurance; Appeal Procedure. Amend RSA 415-A:4-b, I(a) to read as follows:

(a) The person or persons reviewing the grievance shall not be the same person or persons making the initial determination, shall not be subordinate to [or the supervisor of] the person making the initial determination, and shall act as a fiduciary;

4 Managed Care Law; Grievance Procedures. Amend RSA 420-J:5, I(a) to read as follows:

(a) The persons reviewing the grievance shall not be the same person or persons making the initial determination, and shall not be subordinate to [or the supervisor of] the person making the initial determination;

5 Committee Established. There is established a committee to study employer-sponsored group health insurance plans and cancellations of such plans.

6 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.

7 Duties. The committee shall study employer-sponsored group health insurance plans and cancellations of such plans.

8 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.

9 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.

10 Effective Date

I. Sections 1 and 2 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect upon its passage.

2002-3561s

AMENDED ANALYSIS

This bill requires employers offering group health insurance plans to their employees to notify the health insurance carrier of the amount of employee contribution. The bill also requires such an employer to escrow employees’ contributions, if the insurance commissioner is notified of the employer’s delinquency regarding the payment of the premium.

This bill makes certain technical changes to certain appeal procedures under the insurance laws.

The bill also establishes a committee to study employer-sponsored group health insurance plans and cancellation of such plans.

HB 1405, relative to the Memorial Day holiday. Internal Affairs Committee. Vote 4-0. Interim Study, Senator Flanders for the committee.

Senator Barnes is in opposition to the motion of interim study on HB 1405.

HB 1441, relative to the availability of records of the joint committee on legislative facilities. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

HCR 14, declaring it to be wrongful for the judiciary, either directly or indirectly, to define an adequate education or the cost of an adequate education. Internal Affairs Committee. Vote 3-1. Ought to Pass, Senator Wheeler for the committee.

Senator Klemm (Rule #42).

Senator O'Hearn moved to have HB 1231, implementing a pre-engineering technology curriculum in the public high schools in the state, taken off the table.

HB 1231, implementing a pre-engineering technology curriculum in the public high schools in the state.

Senator Flanders moved to have HB 1429, relative to the scope of the consumer protection act, taken off the table.

Senator Flanders offered a floor amendment.

2002-3626s

05/09

Floor Amendment to HB 1429

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

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

2 Consumer Protection; Exempt Transactions; Regulated Persons. RSA 358-A:3, I is repealed and reenacted to read as follows:

I. Trade or commerce by any person who is subject to laws, regulations, standards, orders, or other action of a federal or state regulatory authority that regulates unfair or deceptive acts or practices in the conduct of such trade or commerce, and who is regularly examined for compliance with such laws, regulations, standards, orders, or other action by a federal or state regulatory authority or is subject to sanctions or remedial action by such authority, including without limitation restitution, reparation, or damages which may be ordered by such authority or may otherwise be available to the injured person by statute or regulation, for failure to comply with such laws, regulations, standards, orders, or other action, such as a banking, insurance, or utility company.

3 Department of Justice; Director of Administration. RSA 21-M:3, VI is repealed and reenacted to read as follows:

VI. The attorney general may appoint, subject to confirmation by the governor and council, an unclassified director of administration for the office of attorney general, within the limits of the appropriation made for the appointment, who shall serve for a 5-year term. The director of administration may be removed only as provided by RSA 4:1.

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

2002-3626s

AMENDED ANALYSIS

This bill exempts certain regulated persons from the consumer protection act. The bill also provides for the appointment of a director of administration for the office of the attorney general.

Senator Boyce moved to have HB 1429, relative to the scope of the consumer protection act, laid on the table.

HB 1429, relative to the scope of the consumer protection act.

HB 386, relative to the relocation of the principal residence of a child. Judiciary Committee. Vote 2-0. Ought to Pass, Senator Roberge for the committee.

Senator Barnes move to have HB 1365, requiring that the county departments of correction be charged 110 percent of the Medicare rate for inmates who need medical services within the community, taken off the table.

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

Senator Barnes offered a floor amendment.

2002-3637s

01/09

Floor Amendment to HB 1365-FN

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

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

2 Supplemental Appropriation; Department of Health and Human Services. Notwithstanding any other provision of law to the contrary, the department of health and human services may transfer funds up to $17,500,000 from the health care fund, established by RSA 167:70, to address operating budget appropriations and litigation expenses in the fiscal year ending June 30, 2002, with the approval of the legislative fiscal committee and the governor and council. Applicable federal and other matching funds shall be appropriated as necessary. Funds transferred in accordance with the provisions of this section shall not lapse until June 30, 2003.

3 Community Grants Program; Health Care Fund; Department of Health and Human Services. It is the intent of the legislature that the health care community grants budgeted in state fiscal years 2002 and 2003 in PAU 05-01-04-01, class 91, health care grants be funded from the interest earnings on the health care fund, established under RSA 167:70. Notwithstanding any provision of law to the contrary if interest earnings are insufficient to fund continuing health care community grants in state fiscal years ending June 30, 2002 and June 30, 2003, the additional expense shall be a charge against the principal of the health care fund as determined by the commissioner of health and human services and the commissioner of administrative services at the close of each state fiscal year. Current continuing and renewal community grants shall be supported by the health care fund during the biennium ending June 30, 2003. No new cycle of grant awards shall commence during the biennium ending June 30, 2003.

4 Effective Date.

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

II. The remainder of this act shall take effect upon its passage.

2002-3637s

AMENDED ANALYSIS

This bill requires that the county departments of correction be charged 110 percent of the Medicare rate for inmates who need medical services within the community.

This bill also authorizes the use of moneys in the health care fund to address operating budget appropriations in the department of health and human services.

Senator McCarley moved to have HB 1365, 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, 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 447, establishing a task force on family law. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-3548s

05/03

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

AN ACT establishing a task force on family law; clarifying that the judicial council is responsible for payment of indigent defense expenses; and relative to the judicial conduct commission and making an appropriation therefor.

Amend the bill by replacing section 1 with the following:

1 Task Force on Family Law Established.

I. There is established the task force on family law consisting of 22 members who shall serve at the pleasure of the governor. The members shall include persons familiar with family law, mediation, family support, and children’s services. All non-legislative members shall be appointed by the governor. The members of the task force shall be as follows:

(a) A marital master.

(b) A judge of the superior court.

(c) A judge of the family division.

(d) A court alternative dispute resolution representative.

(e) An attorney with the department of health and human services, division of children, youth, and families.

(f) A representative of the department of health and human services, division of child support and child support enforcement.

(g) A child psychologist.

(h) Two members of the New Hampshire Bar Association, one of whom shall be a member of the family law section.

(i) A representative of guardians ad litem.

(j) A child impact provider/instructor.

(k) A representative from the commission on the status of women.

(l) A representative from the commission on the status of men.

(m) A representative of the New Hampshire Coalition Against Domestic and Sexual Violence.

(n) Two members of the house of representatives, one of whom is a member of the children and family law committee and one of whom is a member of the judiciary committee, appointed by the speaker of the house of representatives.

(o) A member of the senate, appointed by the senate president.

(p) A male community member who is also an experienced consumer of family law, mediation, family support, or children’s services.

(q) A female community member who is also an experienced consumer of family law, mediation, family support, or children’s services.

(r) Two at-large members.

(s) The executive director of the judicial council.

II. The governor shall appoint one member to serve as the chairperson. The task force shall meet at least monthly at a date, time, and place designated by the chairperson. Nine persons shall constitute a quorum for the transaction of business. Legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

III. A member who misses 3 consecutive meetings may be removed from the task force. The governor shall immediately fill all vacancies of non-legislative members. The speaker of the house of representatives or the senate president shall immediately fill all vacancies of legislative members.

Amend paragraph II as inserted by section 3 of the bill by replacing it with the following:

II. Submit a final report 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, 2003. The final report shall outline the findings and recommendations of the task force.

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

4 Payment of Expenses. Amend RSA 604-A:8 to read as follows:

604-A:8 Payment of Expenses.

I. Each claim and written statement in support thereof when approved by the court shall be forwarded to the [commissioner of administrative services] judicial council for payment. [The commissioner of administrative services may adopt rules, under RSA 541-A, in addition to the requirements of paragraph II, to carry out the provisions of this section.] The judicial council shall pay bills in accordance with supreme court rules regarding indigent defense, as well as any rules adopted by the commissioner of administrative services under RSA 604-A:10, IV.

II. Statements submitted by counsel for payments of fees shall in each case be examined by the trial and appellate judges and certified by them as to the reasonableness of the fee requested and whether the defendant continued to be eligible for assignment of counsel during the duration of the trial. Such certificates shall be attached to the request for payment of counsel fees. Counsel must submit bills to the appropriate court for payment within 60 days of the disposition of a case unless the trial judge finds that there are extenuating circumstances. Courts shall, within 30 days of receipt, certify statements as outlined above and forward the certified statements to the [commissioner of administrative services] judicial council for payment.

5 Records Required. Amend RSA 604-A:10 to read as follows:

604-A:10 Rulemaking; Records Required; Judicial Council; Commissioner of Administrative Services.

I. The [commissioner of administrative services] judicial council shall keep records of the notification of eligibility and assignment of counsel as submitted by the courts of the state pursuant to supreme court order 81-5A and subsequent related orders. In addition to any other use the [commissioner of administrative services] judicial council shall make of these records, the [commissioner of administrative services] judicial council shall keep records including the following information and compile such information on a monthly basis:

(a) The name of the courts, including the location and the type of the court.

(b) The type of the case as defined by the most serious offense charged in the case, according to the following categories:

(1) Homicide

(2) Other felony

(3) Misdemeanor

(4) Juvenile

(5) Other

(c) Whether the case was assigned to a private attorney or a public defender.

II. When a final bill has been approved for payment to a private attorney, the [commissioner of administrative services] judicial council shall record the following information:

(a) The type of case as defined in RSA 604-A:10, I(b).

(b) The amount of the attorney’s fee.

III. The [commissioner of administrative services] judicial council shall also compile the gross monthly cost for bills approved for payment for expenses other than counsel, including those pursuant to RSA 604-A:6.

IV. The commissioner of administrative services shall, with the approval of the attorney general, adopt rules pursuant to RSA 541-A, governing determinations of eligibility for payment of indigent defense expenditures, determinations of repayment schedules, financial and credit investigations, and any other matters [he] the commissioner deems necessary or advisable for the performance of [his] duties under this chapter.

6 New Sections; Administrative Support; Legal Costs. Amend RSA 494-A by inserting after section 17 the following new sections:

494-A:18 Administrative Support. Notwithstanding RSA 494-A:1, upon request of the commission, the department of administrative services shall assist the commission in matters related to personnel and benefits administration, purchasing, telecommunications, financial data management, and property management. Upon request of the commission, the state library shall assist the commission in development and maintenance of a web page on the official state website.

494-A:19 Legal Costs. With the approval of the joint legislative fiscal committee, the commission may employ counsel, attorneys, and other assistants, in case of reasonable necessity, and may pay them reasonable compensation. The governor is authorized to draw a warrant for the costs of such compensation out of any money in the treasury not otherwise appropriated.

7 Appropriation Made Nonlapsing. Amend 2001, 267:8 to read as follows:

267:8 Appropriation. The sum of [$125,000 for the fiscal year ending June 30, 2002 and the sum of $250,000 for the fiscal year] $375,000 for the biennium ending June 30, 2003 [are] is hereby appropriated to the judicial conduct commission established by this act, for the purposes of the administration of the provisions of this act. The governor is authorized to draw a warrant for said [sums] sum out of any moneys in the treasury not otherwise appropriated.

8 Judicial Conduct Commission; Definition of Clerk Added; Definition of Judge Amended. Amend RSA 494-A:2 to read as follows:

494-A:2 Definitions. In this chapter:

I. "Clerk" means a clerk of court or a deputy clerk, a register of probate or deputy register, a court stenographer or reporter, and any person performing the duties of a clerk, register, or reporter.

[I.] II. "Commission" means the judicial conduct commission established under RSA 494-A:1.

[II.] III. "Executive director" means the executive director of the commission appointed under RSA 494-A:3.

[III.] IV. "Judge" means [supreme court justices under RSA 490:1; superior court judges under RSA 491:1; superior court marital masters; district court judges under RSA 502-A:3; and probate court judges, under RSA 547] a full-time or part-time judge of the supreme, superior, district, or probate court; a retired judge who is recalled to judicial service; a full-time marital master; and any referee or special master who is an officer of the judicial system and who performs judicial functions.

9 Judicial Conduct Commission; Terms of Office; Service Pending Appointment of Successor. Amend RSA 494-A:5, II to read as follows:

II. After the initial appointment, a member may be reappointed for an additional term of 4 years. Members may not serve more than 2 consecutive terms. Members who have served 2 consecutive terms may not be reappointed until they have been off the commission for a period of 4 years. Notwithstanding the term limits established in this paragraph, members may serve until their successors have been appointed.

10 Judicial Conduct Commission; Duties; Proceedings; Clerks Added. Amend RSA 494-A:10 to read as follows:

494-A:10 Duties; Proceedings.

I. The commission shall be responsible for addressing complaints concerning the conduct of judges and clerks in the courts of this state. The commission shall determine if a complaint constitutes conduct which violates the Code of Judicial Conduct. The commission shall adopt rules for its proceedings under this chapter. After notice and hearing, the commission may impose disciplinary actions with regard to a complaint by reprimand or censure. If the commission finds evidence of criminal acts, it shall report such evidence to the attorney general. If the commission finds that a judge’s or clerk’s conduct warrants the removal of the judge or clerk, the commission shall refer the matter to the legislature.

II. The commission shall, by rules under RSA 494-A:12, adopt a Code of Judicial Conduct based on the Model Code of Judicial Conduct (August 1990), as adopted by the House of Delegates of the American Bar Association on August 7, 1990. The Code also shall address the professional conduct of clerks as defined in RSA 494-A:2, I.

11 Judicial Conduct Commission; Procedures for Complaints; Public Availability; Clerks Added and Deadline Extension for Probable Cause Determination Permitted. Amend RSA 494-A:11 to read as follows:

494-A:11 Procedures for Complaints; Public Availability. The commission shall adopt rules of procedure to be followed in making its determinations which shall incorporate the following:

I. When a complaint is received by the commission, the commission shall determine if the complaint alleges a violation of the Code of Judicial Conduct. If the commission determines that the complaint on its face alleges no violation of the Code of Judicial Conduct, the commission shall dismiss the complaint and respond to the complaining party, explaining the basis for its decision. If the commission determines that the complaint alleges a violation, the commission shall send a copy of the complaint to the judge or clerk and the judge or clerk shall have 21 days to respond in writing. There shall be no direct communications between the judge or clerk and the complaining party. Following the response from the judge or clerk, the commission shall send a copy of the response to the complaining party. The commission may also conduct such further investigation as it may deem necessary before ruling on the complaint. The commission shall, within 90 days of the first meeting following receipt of the complaint, or for good cause shown, such longer period as determined by the commission, determine whether there is probable cause to believe that the judge or clerk has committed a violation of the Code of Judicial Conduct. If not, the complaint shall be dismissed. If so, the commission shall proceed to make a final determination as to whether a violation has occurred. In any event, the complaining party and the judge or clerk shall be informed of the ruling on probable cause along with a brief explanation of the basis of the decision.

II. After making a finding of probable cause, the commission shall conduct a public hearing before making a final determination. After probable cause has been found, the complaint, response, transcripts, findings, deliberations, and reports of actions taken shall be available to the public under the provisions of RSA 91-A. The exemption regarding internal personnel practices in RSA 91-A:5, IV shall be inapplicable to proceedings or documents under this paragraph relating to a complaint before the commission.

III. After notice and hearing, the commission may impose disciplinary actions with regard to a complaint by reprimand or censure. The commission may recommend that the supreme court suspend the judge or clerk.

IV. If the complaint referred to the commission alleges conduct that would constitute a crime, the commission chairperson shall immediately refer the matter to the attorney general. The referral of such a complaint to the attorney general shall not supersede the commission’s jurisdiction relative to whether a violation of the Code of Judicial Conduct has occurred. However, the commission shall suspend its activities until the criminal proceedings, if any, are concluded.

V. In all cases, whether a complaint is dismissed or not, complaints received by the commission shall be made available to the administrative judge of the court in which the judge or clerk complained against holds office. Furthermore, all complaints against judges and clerks received by the administrative judges and other judges of the superior court, the district court, and the probate court shall be forwarded to the commission.

VI. The statute of limitations for any complaint shall be 3 years from the act which is the subject of the complaint or from the conclusion of the trial or appeal during which the act occurred, whichever is later.

12 New Paragraphs; Judicial Conduct Commission; Disqualification; Appointment of Alternates. Amend RSA 494-A:7 by inserting after paragraph II the following new paragraphs:

III. If a member is disqualified under this section, the commission may vote to name an alternate in his or her place.

IV. If the entire commission is disqualified under this section, the appointing authorities under RSA 494-A:4 shall name alternates.

13 Prospective Repeal. Sections 1-3 of this act, relative to the task force on family law, are repealed.

14 Effective Date.

I. Section 13 of this act shall take effect November 1, 2003.

II. The remainder of this act shall take effect upon its passage.

2002-3548s

AMENDED ANALYSIS

This bill:

I. Establishes a task force on family law to develop a proposal for integrating a non-adversarial system for families undergoing divorce, separation, custody disputes, and other family law matters.

II. Clarifies that the judicial council is responsible for payment of indigent defense expenses.

III. Authorizes the department of administrative services and the state library to assist the judicial conduct commission in certain areas. The bill permits the commission, with the approval of the legislative fiscal committee, to employ counsel, attorneys, and other assistants, in case of reasonable necessity, and makes a continual appropriation for such purpose.

IV. Makes an appropriation to the judicial conduct commission for the 2002 fiscal year nonlapsing.

V. Expands the scope of the judicial conduct commission to include judicial referees, court reporters, clerks, and registers.

VI. Clarifies the procedures for judicial conduct commission appointments and complaint response timelines.

HB 465, relative to membership of attorneys in the New Hampshire Bar Association and lobbying by the Bar Association. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.

2002-3544s

10/03

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

AN ACT relative to lobbying activities of the New Hampshire Bar Association.

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

1 New Subdivision; State Bar Association. Amend RSA 311 by inserting after section 7-f the following new subdivision:

State Bar Association

311:7-g State Bar Association.

I. The New Hampshire Bar Association may use a part of dues paid by its members to lobby or influence the legislature on its behalf, and may engage a person for such purpose, provided the Association limits its activities before the general court to those matters which are related directly to the efficient administration of the judicial system, the composition and operation of the courts, and the education, ethics, competence, integrity, and regulation, as a body, of the legal profession.

II. Nothing in the section shall prevent officers and members of the New Hampshire Bar Association from appearing before the general court to express their views as individuals, as members of voluntary associations, or as representatives of clients.

III. The New Hampshire Bar Association shall include in its annual dues statement a description of the lobbying activities of the Bar Association, and an identification of the portion of the annual dues used to pay for lobbying or influencing the legislature on behalf of the Bar Association. Any member of the New Hampshire Bar Association may opt not to pay that portion of the Bar Association dues that are used for lobbying or influencing the legislature or other political matters.

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

2002-3544s

AMENDED ANALYSIS

The bill defines when the New Hampshire Bar Association may lobby the general court, and allows Bar Association members to opt not to pay the portion of dues used for lobbying.

HB 586, excluding stepchildren from the definition of "child" in the context of support orders. Judiciary Committee. Vote 4-0. Inexpedient to Legislate, Senator Fernald for the committee.

Senator Fernald moved to have HB 586, excluding stepchildren from the definition of "child" in the context of support orders, laid on the table.

HB 586, excluding stepchildren from the definition of "child" in the context of support orders.

HB 661, relative to hearing timelines in abuse and neglect cases. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-3535s

05/01

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

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

2002-3535s

AMENDED ANALYSIS

This bill requires that, in abuse and neglect cases, the court hold a hearing no later than 5 days from the date of an ex parte order, excluding Saturdays, Sundays, and holidays.

HB 678, relative to notice of release of an inmate from state prison. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.

2002-3519s

04/10

Amend RSA 651:25, I as inserted by section 1 of the bill by replacing it with the following:

I. The commissioner of corrections may release any person who has been committed to the state prison at any time during the term of sentence for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, or for such other purpose as may be deemed conducive to his rehabilitation, for such times or intervals of time and under such terms and conditions as may be prescribed by the commissioner pursuant to RSA 541-A, provided, however, that a prisoner who has not served sufficient time to be eligible for parole may be released under this section only if the sentencing court [has] and the prosecutor of the underlying offense have been notified of the proposed release, and there has been no objection within 10 days of the notice by either the sentencing court or the prosecutor of the underlying offense [has not objected within 10 days of receipt of such notice]. If the prosecutor of the underlying offense objects to the proposed release, the prosecutor shall submit in writing to the sentencing court the reasons for objecting. The sentencing court shall, within 10 days of receipt of the prosecutor’s objection schedule a hearing on the proposed release. The sentencing court shall then approve or deny the proposed release. The commissioner of corrections may permit inmates of the state prison, who volunteer to do so, to be gainfully employed outside the institution when such employment is considered in their best interest and the best interest of the state. Inmates may be so employed by the state or by public or private employers.

Amend RSA 651:25, VI (d) as inserted by section 2 of the bill by replacing it with the following:

(d) The commissioner of corrections has notified the sentencing court and the prosecutor of the underlying offense of the proposed parole, and the court has not objected in writing within 20 days of such notice.

HB 686, relative to the scope of discovery in abuse and neglect cases. Judiciary Committee. Vote 3-0. Interim Study, Senator Gordon for the committee.

Senator Gordon moved to have HB 686, relative to the scope of discovery in abuse and neglect cases, laid on the table.

HB 686, relative to the scope of discovery in abuse and neglect cases.

HB 706, relative to mediation in superior court cases involving children. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-3550s

05/10

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

AN ACT relative to mediation in superior court cases involving children and relative to certified shorthand reporters.

Amend RSA 458:15-a, III-X as inserted by section 1 of the bill by replacing them with the following:

III. In all superior court cases filed on or after July 1, 2003, involving disputed legal or physical custody of children, physical custodial rights, or grandparents’ visitation rights, including requests for modification of prior orders, the court may order the parties to participate in mediation. If the parties are ordered to participate in mediation under this section, all issues relevant to their case, including but not limited to property settlement, alimony, and child support, shall also be mediated unless the court orders otherwise.

IV. The court may choose not to order mediation if there is:

(a) A showing of undue hardship to a party.

(b) An agreement between the parties for alternate dispute resolution procedures.

(c) An allegation of abuse or neglect of the minor child.

(d) A finding of alcoholism, drug abuse, or domestic abuse as defined in RSA 173-B:1 unless all parties agree to mediation.

(e) An allegation of serious psychological or emotional abuse.

(f) Lack of an available, suitable mediator within a reasonable time period.

V. The court shall not order the mediation unless all parties consent.

VI. Either party may move to have the mediator replaced for good cause.

VII. Mediation proceedings shall be held in private, and all communications, oral or written, made during the proceedings, which relate to the issues being mediated, whether made by the mediator, or a party, or any other person present, shall be privileged and confidential and shall not be disclosed and shall not be admissible in court, except as provided in RSA 328-C:9.

VIII. Any mediated agreement reached by the parties on all or some of the disputed issues shall be reduced to writing, signed by each party, and filed with the court as soon as practicable.

IX. The parties shall participate at mediation in good faith. If the mediator determines that mediation is not helpful in resolving the dispute, the mediator shall report that fact to the court and return the matter to the court for adjudication of the underlying issues.

X. In the event both parties are indigent, the mediator shall be paid a set fee for his or her services. The amount of the fee shall be set annually by supreme court rule. The court may order each party to pay a proportional amount of said fee. The fee shall be paid from the special fund established pursuant to RSA 458:17-b and repaid by the parties in accordance with RSA 458:17-e.

XI. The supreme court shall establish rules and take such action as necessary to effectuate the purpose of this section.

Amend the bill by replacing section 4 with the following:

4 Definition. Amend RSA 331-B:2, I to read as follows:

I. "Shorthand reporting" means the making by means of written symbols or abbreviations in shorthand, voice writing, or machine writing a verbatim record of the spoken word.

5 Certification and Examination. Amend RSA 331-B:3 to read as follows:

331-B:3 Certification and Examinations. The chief justice shall issue a certificate to each applicant who successfully passes the examination given by the National [Shorthand] Court Reporters Association or the National Verbatim Reporters Association or who is eligible for a certificate under the renewal or reciprocity provisions of this chapter. The chief justice shall conduct the examinations semiannually at such times and places as he may designate. Applicants shall be sent 30 days written notice of the time and place of the examination.

6 Applicant from Other States. Amend RSA 331-B:6 to read as follows:

331-B:6 Applicants from Other States. The chief justice may certify any applicant who is certified in any other state or in the District of Columbia, provided the other state’s licensing requirements are substantially equivalent to or higher than those of this state. The chief justice may certify any applicant who has received the National [Shorthand] Court Reporters Association’s or the National Verbatim Reporters Association’s certificate of proficiency.

7 Effective Date.

I. Sections 4-6 of this act shall take effect 60 days after its passage.

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

2002-3550s

AMENDED ANALYSIS

This bill requires, with certain exceptions, mediation of superior court cases involving children. Mediators are certified under RSA 328-C and if the parties are indigent, the mediators are paid from the special fund currently used for guardian ad litem services.

This bill adds voice writers to the definition of "shorthand reporting" for the purposes of being certified as a certified shorthand reporter. This bill also changes the governing organization from the National Shorthand Reporters Association to the National Court Reporters Association.

HB 1108, relative to administrative license suspension hearings. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-3545s

03/10

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 Salaries of State Employees; Differentials, Direct Care Employees; Reference Changed. Amend RSA 99:11, I to read as follows:

I. The annual salaries of classified employees who are actively engaged in the care and treatment of patients or inmates at the New Hampshire hospital, Laconia developmental services, Glencliff home for the elderly, New Hampshire veterans’ home, and the youth development center, and the [security] campus police employees, pharmacists, and dieticians employed at the New Hampshire hospital, shall be increased by a $5 per week differential. This paragraph shall not apply to those employees who receive hazardous duty pay under RSA 99:10.

2 New Hampshire Retirement System; Definitions; Permanent Policeman; Reference Changed. Amend RSA 100-A:1, VII-a(b) to read as follows:

(b) Any bingo or lucky 7 inspector, [security] campus police officer appointed pursuant to RSA 135:41, any juvenile probation and parole officer, or any person employed in the bureau of trails of the department of resources and economic development; or

3 New Hampshire Hospital and Insane Persons; Hospital Security Force; Reference Changed. Amend the subdivision heading preceding RSA 135:41 to read as follows:

Hospital [Security] Campus Police Force

4 New Hampshire Hospital and Insane Persons; Hospital Security Force; References Changed. Amend RSA 135:41-43 to read as follows:

135:41 Hospital [Security] Campus Police Force. The superintendent of the New Hampshire hospital is authorized to organize a hospital [security] campus police force for the purpose of patrolling the hospital’s buildings, roads, and grounds of the campus of the state office park south and providing for general security on the campus. The hospital [security] campus police force shall be under the immediate control of and responsible to the superintendent of the hospital.

135:42 Authority. All [security] campus police officers of the hospital security force shall be ex officio constables and shall possess general police powers including the power of arrest, but such powers shall extend only to the campus of the state office park south and only to the period during which such members are on official active duty. The only 2 instances where the authority of members of the hospital [security] campus police force shall extend beyond the campus of the state office park south are:

I. Where a member of the [security] campus police force is in hot pursuit of a person or persons who have committed a crime or violation while on the campus or who have committed the crime of escape from the hospital; and

II. Where a member of the hospital [security] campus police force is acting to return a court-committed patient to the hospital’s custody.

135:43 Training.

I. The superintendent of New Hampshire hospital shall require that all employees hired as [security] campus police officers after July 30, 1977, and all [security] campus police officers who have not become permanent employees before July 30, 1977, complete a program of police training as established by the police standards and training council pursuant to RSA 188-F and as appropriate to such officers’ exercise of limited police powers.

II. Security officers already serving under permanent appointment on July 30, 1977, shall not be required to meet any requirements of paragraph I as a condition of tenure or continued employment.

5 General Powers and Duties of Guardian of the Person; Reference Changed. Amend RSA 464-A:25, I(a)(3) to read as follows:

(3) Approval by the probate court of an admission to a state institution shall also authorize any readmission which occurs within 60 days of discharge from such institution. For purposes of this subparagraph, [security] campus police staff at New Hampshire hospital or any other law enforcement official shall be authorized to transport the ward to New Hampshire hospital, upon presentation by the guardian of letters of guardianship over the person together with the certificate of the psychiatrist.

6 Administrative License Suspension Hearings Study Committee.

I. There is established a committee to study administrative license suspension hearings.

II.(a) The members of the committee shall be as follows:

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

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

(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III. The committee shall study whether an administrative license suspension hearing may be conducted more efficiently and effectively while preserving the rights of the motorist.

IV. 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.

V. 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.

7 Effective Date.

I. Section 6 of this act shall take effect upon its passage.

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

2002-3545s

AMENDED ANALYSIS

This bill:

I. Changes references to the New Hampshire hospital security force to read as campus police force.

II. Establishes a committee to study administrative license suspension hearings.

HB 1137, relative to the crime of resisting arrest. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2002-3510s

09/04

Amend RSA 642:2 as inserted by section 1 of the bill by replacing it with the following:

642:2 Resisting Arrest or Detention. A person is guilty of a misdemeanor when the person knowingly or purposely physically interferes with a person recognized to be a law enforcement official, including a probation or parole officer, seeking to effect an arrest [or], detention, or protective custody of the person or another regardless of whether there is a legal basis for the arrest. Verbal protestations alone shall not constitute resisting arrest [or], detention, or protective custody.

Senator Gordon offered a floor amendment.

2002-3631s

03/01

Floor Amendment to HB 1137

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

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

2 Salaries of State Employees; Differentials, Direct Care Employees; Reference Changed. Amend RSA 99:11, I to read as follows:

I. The annual salaries of classified employees who are actively engaged in the care and treatment of patients or inmates at the New Hampshire hospital, Laconia developmental services, Glencliff home for the elderly, New Hampshire veterans’ home, and the youth development center, and the [security] campus police employees, pharmacists, and dieticians employed at the New Hampshire hospital, shall be increased by a $5 per week differential. This paragraph shall not apply to those employees who receive hazardous duty pay under RSA 99:10.

3 New Hampshire Retirement System; Definitions; Permanent Policeman; Reference Changed. Amend RSA 100-A:1, VII-a(b) to read as follows:

(b) Any bingo or lucky 7 inspector, [security] campus police officer appointed pursuant to RSA 135:41, any juvenile probation and parole officer, or any person employed in the bureau of trails of the department of resources and economic development; or

4 New Hampshire Hospital and Insane Persons; Hospital Security Force; Reference Changed. Amend the subdivision heading preceding RSA 135:41 to read as follows:

Hospital [Security] Campus Police Force

5 New Hampshire Hospital and Insane Persons; Hospital Security Force; References Changed. Amend RSA 135:41-43 to read as follows:

135:41 Hospital [Security] Campus Police Force. The superintendent of the New Hampshire hospital is authorized to organize a hospital [security] campus police force for the purpose of patrolling the hospital’s buildings, roads, and grounds of the campus of the state office park south and providing for general security on the campus. The hospital [security] campus police force shall be under the immediate control of and responsible to the superintendent of the hospital.

135:42 Authority. All [security] campus police officers of the hospital security force shall be ex officio constables and shall possess general police powers including the power of arrest, but such powers shall extend only to the campus of the state office park south and only to the period during which such members are on official active duty. The only 2 instances where the authority of members of the hospital [security] campus police force shall extend beyond the campus of the state office park south are:

I. Where a member of the [security] campus police force is in hot pursuit of a person or persons who have committed a crime or violation while on the campus or who have committed the crime of escape from the hospital; and

II. Where a member of the hospital [security] campus police force is acting to return a court-committed patient to the hospital’s custody.

135:43 Training.

I. The superintendent of New Hampshire hospital shall require that all employees hired as [security] campus police officers after July 30, 1977, and all [security] campus police officers who have not become permanent employees before July 30, 1977, complete a program of police training as established by the police standards and training council pursuant to RSA 188-F and as appropriate to such officers’ exercise of limited police powers.

II. Security officers already serving under permanent appointment on July 30, 1977, shall not be required to meet any requirements of paragraph I as a condition of tenure or continued employment.

6 General Powers and Duties of Guardian of the Person; Reference Changed. Amend RSA 464-A:25, I(a)(3) to read as follows:

(3) Approval by the probate court of an admission to a state institution shall also authorize any readmission which occurs within 60 days of discharge from such institution. For purposes of this subparagraph, [security] campus police staff at New Hampshire hospital or any other law enforcement official shall be authorized to transport the ward to New Hampshire hospital, upon presentation by the guardian of letters of guardianship over the person together with the certificate of the psychiatrist.

7 Effective Date.

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

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

2002-3631s

AMENDED ANALYSIS

This bill:

I. Clarifies that the crime of resisting arrest includes efforts to resist a police officer’s effort to take a person into protective custody.

II. Changes references to the New Hampshire hospital security force to read as campus police force.

HB 1147, relative to the annulment of certain criminal offenses committed under the laws of another jurisdiction. Judiciary Committee. Vote 3-1. Ought to pass with amendment, Senator Fernald for the committee.

2002-3533s

04/10

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

1 New Paragraph; Sentences; Annulment of Criminal Records; Criminal Convictions in Another Jurisdiction. Amend RSA 651:5 by inserting after paragraph VI the following new paragraph:

VI-a. A conviction for an offense under New Hampshire law committed under the laws of another state which would not be considered an offense under New Hampshire law, shall not count as a conviction for the purpose of obtaining an annulment under this section.

2 Effective Date. This act shall take effect January 1, 2003.

2002-3533s

AMENDED ANALYSIS

This bill provides that a conviction for an offense under New Hampshire law which would not be considered an offense under New Hampshire law, shall not count as a conviction for the purposes of obtaining an annulment of a criminal record in this state.

HB 1175, relative to proclaiming oneself a New Hampshire native. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.

2002-3530s

05/03

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

1 New Section; State Emblems, Flag, Etc.; New Hampshire Native. Amend RSA 3 by inserting after section 22 the following new section:

3:23 New Hampshire Native.

I. A New Hampshire native is someone who was born in the state of New Hampshire or someone born to a mother domiciled in the state of New Hampshire at the time of his or her birth.

II. Nothing in this section shall affect official records.

III. No person who in good faith proclaims himself or herself to be a New Hampshire native pursuant to this section shall be charged with perjury.

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

2002-3530s

AMENDED ANALYSIS

This bill establishes the circumstances in which a person may proclaim himself or herself a New Hampshire native.

HB 1217, relative to payment of trust income. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.

2002-3523s

01/04

Amend the introductory paragraph of RSA 564-A:3-c, IV(c) as inserted by section 1 of the bill by replacing it with the following:

(c) The term "income" in the governing instrument shall mean an annual distribution (the unitrust distribution) equal to 5 percent (the payout percentage) of the net fair market value of the trust’s assets as determined at the end of the calendar year, whether such assets would be considered income or principal under other provisions of this chapter, averaged over the lesser of:

Amend RSA 564-A:3-c, V as inserted by section 1 of the bill by replacing it with the following:

V. The trustee may in the trustee’s discretion from time to time determine all of the following:

(a) The effective date of a conversion to a unitrust.

(b) The provisions for prorating a unitrust distribution for a short year in which a beneficiary’s right to payments commences or ceases.

(c) The frequency of unitrust distributions during the year.

(d) The effect of other payments from or contributions to the trust on the trust’s valuation.

(e) How frequently to value nonliquid assets and whether to estimate their value.

(f) Whether to omit from the calculations trust property occupied or possessed by a beneficiary.

(g) Any other matters necessary for the proper functioning of the unitrust.

Amend RSA 564-A:3-c, VI(b) as inserted by section 1 of the bill by replacing it with the following:

(b) Unless otherwise provided by the governing instrument, the unitrust distribution shall be paid from net income, as such term would be determined if the trust were not a unitrust. To the extent net income is insufficient, the unitrust distribution shall be paid from net realized short-term capital gains. To the extent income and net realized short-term capital gains are insufficient, the unitrust distribution shall be paid from net realized long-term capital gains. To the extent income and net realized short-term and long-term capital gains are insufficient, the unitrust distribution shall be paid from the principal of the trust.

HB 1249, adopting the model Drug Dealer Liability Act. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-3563s

09/01

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

AN ACT establishing a committee to study providing a civil remedy for damages to persons in a community injured as a result of illegal drug abuse.

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

1 Committee Established. There is established a committee to study providing a civil remedy for damages to persons in a community injured as a result of illegal drug use.

2 Membership and Compensation.

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

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

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

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

3 Duties. The committee shall study providing a civil remedy for damages to persons in a community injured as a result of illegal drug use.

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.

2002-3563s

AMENDED ANALYSIS

This bill establishes a committee to study providing a civil remedy for damages to persons in a community injured as a result of illegal drug abuse.

Senator Francoeur moved to have HB 1249, adopting the model Drug Dealer Liability Act, laid on the table.

HB 1249, adopting the model Drug Dealer Liability Act.

Senator Flanders move to have HB 1429, relative to the scope of the consumer protection act, taken off the table.

HB 1429, relative to the scope of the consumer protection act.

Senator Francoeur moved to have HB 1249, adopting the model Drug Dealer Liability Act, taken off the table.

HB 1249, adopting the model Drug Dealer Liability Act.

Senator Wheeler moved to have HB 589, relative to eligibility for unemployment benefits for part-time workers, taken off the table.

HB 589, relative to eligibility for unemployment benefits for part-time workers.

HB 1311, relative to certain mental health records and establishing a committee to study the protection of certain medical information. Judiciary Committee. Vote 3-1. Ought to pass with amendment, Senator Fernald for the committee.

2002-3560s

01/09

Amend RSA 135-C:31-a, I as inserted by section 1 of the bill by replacing it with the following:

I. If the district court finds that the petitioner has failed to meet the burden specified in RSA 135-C:31, I, all court documents pertaining to the petition, including the physician’s or A.R.N.P’s certificate, and the complaint shall be sealed and the involuntary emergency admission shall be annulled.

Amend paragraph I of section 4 of the bill by replacing it with the following:

I. The committee shall consist of 6 members of the house judiciary committee, appointed by the chair of such committee.

Amend the bill by replacing sections 6 and 7 with the following:

6 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 house 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.

7 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the house clerk, the governor, and the state library on or before November 1, 2002.

HB 1338, clarifying that the judicial council is responsible for payment of indigent defense expenses. Judiciary Committee. Vote 2-1. Ought to pass with amendment, Senator Gordon for the committee.

2002-3562s

09/01

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

AN ACT clarifying that the judicial council is responsible for payment of indigent defense expenses and relative to the Auburn District Court.

Amend the bill by replacing section 3 with the following:

3 Auburn District Court. RSA 502-A:1, IV is repealed and reenacted to read as follows:

IV. Auburn, Candia, Raymond District. The Auburn, Candia, Raymond district shall consist of the towns of Auburn, Candia, Deerfield, Nottingham, Raymond, and Northwood. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require.

4 Effective Date.

I. Section 3 of this act shall take effect January 1, 2003.

II. The remainder of this act shall take effect upon its passage.

2002-3562s

AMENDED ANALYSIS

This bill clarifies that the judicial council is responsible for payment of indigent defense expenses.

This bill also changes the name of the Auburn district to the Auburn, Candia, Raymond district and allows the court location within the district to be determined by the department of administrative services, upon recommendation of the supreme court.

Senator O'Neil is in opposition to HB 1338.

HB 1390, relative to quality assurance information. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.

2002-3559s

01/09

Amend RSA 151:13-a, II(a) and (b) as inserted by section 1 of the bill by replacing it with the following:

Amend RSA 151-D:2, I(a) and (b) as inserted by section 4 of the bill by replacing it with the following:

HB 1406, permitting the nomination of a guardian for the children of activated members of the armed services or for incapacitated persons for whom the activated member is the guardian, and creating a committee to study the New Hampshire national guard education assistance act. Judiciary Committee. Vote 2-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2002-3581s

05/09

Amend RSA 463:18-a, IV-V as inserted by section 1 of the bill by replacing it with the following:

IV. Nomination of a guardian of the person shall be made by using a properly executed nomination document to which a certified copy of the minor’s birth certificate and an attested copy of the existing custody or guardianship order, if any, of the minor shall be attached. The document nominating the guardian shall contain the following:

(a) Name and address of the armed forces member.

(b) Name and address of the person nominated by the guardian.

(c) Name and date of birth of the minor of the armed forces member.

(d) The following language:

Know all persons that I __________________, currently residing at _______________, by this document do consent to the appointment of _______________, whose address is _______________, as the guardian of my minor child, thereby submitting to the jurisdiction of the court and waiving notice of the petition. This document shall grant the person nominated the same powers and duties of a guardian of the person under RSA 463:12 for 7 days from the date of my activation or until the probate court grants a guardianship, whichever is sooner. A copy of my activation orders must accompany this document for it to be valid.

V. The parent or legal guardian’s signature shall be witnessed by a third party and the signatures of the witness and parent or legal guardian shall be acknowledged by a notary public.

VI. Upon receipt of a petition to terminate a guardianship created under this section filed by the service member, the court shall terminate the guardianship.

Amend RSA 464-A:4-a, III-IV as inserted by section 3 of the bill by replacing it with the following:

III. Nomination of a guardian of the person by an activated member of the armed services shall be made by using a properly executed nomination document to which a certified copy of the existing guardianship order shall be attached. The document nominating the guardian shall contain the following:

(a) Name and address of the armed forces member.

(b) Name and address of the person nominated the guardian.

(c) Name and address of the ward.

(d) The following language:

Know all persons that I _______________, currently residing at _______________, by this document do consent to the appointment of _______________, whose address is ______________, as the successor guardian of _______________, thereby waiving notice of the petition. This document shall grant the person nominated the same powers and duties of a guardian of the person under RSA 464-A:25 for 7 days from the date of my activation or until the probate court grants a guardianship, whichever is sooner. A copy of my activation orders must accompany this document for it to be valid.

IV. The legal guardian’s signature shall be witnessed by a third party and the signatures of the witness and legal guardian shall be acknowledged by a notary public.

V. Upon receipt of a petition to terminate a substitute guardianship created under this section filed by the service member, the court shall terminate the substitute guardianship.

Senators Eaton and Francoeur are in favor of HB 1406.

HB 1420, relative to exceptions to the prohibition on persons practicing as attorneys when not admitted to practice by the supreme court. Judiciary Committee. Vote 3-1. Ought to pass with amendment, Senator Gordon for the committee.

2002-3566s

10/01

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

AN ACT establishing a task force to define the practice of law in New Hampshire.

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

1 Task Force Established. There is established a task force to define the practice of law in New Hampshire.

2 Membership and Compensation.

I. The members of the task force 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.

(c) One attorney from the department of justice, consumer protection and antitrust bureau, appointed by the attorney general.

(d) One member of the New Hampshire Bar Association, appointed by the association.

(e) Two persons who are not members of the New Hampshire Bar but who have represented clients before New Hampshire courts, one of whom shall be appointed by the senate president and one of whom shall be appointed by the speaker of the house of representatives.

(f) One representative from Franklin Pierce Law Center, appointed by the dean.

(g) One licensed real estate broker, appointed by the New Hampshire real estate commission.

(h) One clerk of a New Hampshire court, appointed by the chief justice of the supreme court.

(i) One retired New Hampshire judge, appointed by the chief justice of the supreme court.

(j) Two persons who were represented in legal proceedings by persons who are not members of the New Hampshire Bar, one of whom shall be appointed by the senate president and one of whom shall be appointed by the speaker of the house of representatives.

(k) One victim advocate, appointed by the governor.

(l) One representative of the New Hampshire Banking Association, appointed by the association.

II. There shall be no compensation for members of the task force, except that legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

3 Duties. The task force shall define the practice of law in New Hampshire.

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

5 Report. The task force 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.

2002-3566s

AMENDED ANALYSIS

This bill establishes a task force to define the practice of law in New Hampshire.

Senator Gordon offered a floor amendment.

2002-3605s

10/04

Floor Amendment to HB 1420

Amend paragraph I of section 2 of the bill by replacing subparagraphs (a) and (b) with the following:

(a) Three members of the senate, only one of whom may be an attorney, appointed by the president of the senate.

(b) Three members of the house of representatives, only one of whom may be an attorney, appointed by the speaker of the house.

Senator Pignatelli is in opposition to the final bill on HB 1420.

HB 1433, prohibiting intoxication and constructive possession of alcohol by minors. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-3571s

03/04

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

AN ACT relative to evidence of possession of alcoholic beverage.

Amend the bill by replacing section 1 with the following:

1 Alcoholic Beverages; Unlawful Possession; Alcohol Concentration. Amend RSA 179:10 to read as follows:

179:10 Unlawful Possession.

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage shall be guilty of a violation and shall be fined a minimum of $250. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of possession of alcoholic beverage. Any second and subsequent offense shall be fined at least $500. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

II. Any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit [the same] any liquor or beverage in his or her possession, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

2002-3571s

AMENDED ANALYSIS

This bill establishes alcohol concentration of .02 or more in a person under the age of 21 as prima facie evidence of possession of alcoholic beverage. Possession of alcoholic beverage by a person under the age of 21 is a violation and requires the person to be fined and to forfeit the beverage.

Senator Boyce moved to have HB 587, establishing a commission on the status of men, taken off the table.

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

Senator Fernald offered a floor amendment.

2002-3487s

10/04

Floor Amendment to HB 587-FN-a

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

AN ACT establishing a commission on the health and welfare of men.

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

1 Purpose. The general court recognizes men as an important resource for their families and children and wishes to explore the causes and consequences of a variety of social, economic, and health problems currently facing men, and make recommendations for relief. Specifically, the general court recognizes that fatherlessness is a severe social problem and New Hampshire children who have a poor or non-existent relationship with their father are the largest users of state-funded juvenile services. In addition, the health of men whose average life expectancy was formerly on a par with that of women are now dying 10 years sooner with much higher rates of suicide and mortality rates from the 15 leading causes of disease and accidents. And educationally, the general court recognizes the need to address the poor performance of boys in the areas of reading and language skills and increase the grade passage rate for boys while encouraging the pursuit of post-secondary degrees. Therefore, the general court recommends the establishment of a commission on the health and welfare of men.

2 New Chapter; State Commission on the Health and Welfare of Men. Amend RSA by inserting after chapter 19-H the following new chapter:

CHAPTER 19-I

State Commission on the Health and welfare of men

19-I:1 Commission Established; Members; Appointment and Vacancy.

I. There is hereby created a state commission on the health and welfare of men, hereinafter called the commission, consisting of 7 members.

II. All members of the commission shall be appointed by the governor and council for terms of 3 years each, provided that the initial appointees to the commission shall serve the following terms:

(a) the first 2 persons appointed shall serve one-year terms.

(b) the second 2 persons appointed shall serve 2-year terms.

(c) the last 3 persons appointed shall serve 3-year terms.

III. At least one member shall be invited from the university system of New Hampshire.

IV. If a vacancy occurs on the commission, the governor and council shall appoint a new member to fill the vacancy for the remainder of the term.

19-I:2 Compensation. The members of the commission shall receive no compensation and shall not be entitled to reimbursement for expenses but shall be entitled to reimbursement for mileage at the same rate provided for state employees.

19-I:3 Officers. The governor and council shall designate the chairperson, vice-chairperson, secretary, and treasurer of the commission.

19-I:4 Duties. The duties of the commission shall include, but not be limited to:

I. Examining issues and effects of cultural biases and stereotyping beginning with childhood experiences and progress in public schools, and extending to include a study of male suicide and adult concerns such as family relations, promoting education and policies which bring fathers and children closer together.

II. Studying health problems unique to men or which predominantly affect men, and making appropriate recommendations.

III. Promoting initiatives and programs that will enable men to develop career skills and continue their education so that they become productive and responsible citizens.

19-I:5 Cooperation. The commission shall cooperate with any state or federal agency or any private organization in conducting investigations and studies in the area of the health and welfare of men. All state agencies shall assist the commission in carrying out its duties.

19-I:6 Report. The commission shall submit a biennial report of its activities on or before November 1 to the governor and council, the commissioner of administrative services, the president of the senate, and the speaker of the house. The report shall include any recommendations the commission finds for the general court to consider.

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.

19-I:8 Records. The commission shall file and keep its records in space and facilities made available for such purposes in the offices of the secretary of state by the secretary of state.

19-I:9 Administratively Attached. The commission shall be administratively attached to the department of administrative services.

3 Prospective Repeal of Chapter. RSA 19-I, relative to the state commission on the health and welfare of men, is repealed.

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.

2002-3487s

AMENDED ANALYSIS

This bill establishes a commission on the health and welfare of men to address issues of cultural bias and stereotyping, health problems unique to men, and methods for encouraging personal growth.

Senator Cohen moved to have HB 253, relative to mercury reductions, taken off the table.

HB 253, relative to mercury reductions.

Senator Cohen offered a floor amendment.

Sen. Cohen, Dist. 24

Sen. Below, Dist. 5

Sen. Fernald, Dist. 11

Sen. Wheeler, Dist. 21

Sen. Hollingworth, Dist. 23

April 23, 2002

2002-3644s

03/04

Floor Amendment to HB 253-FN

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

6 New Section; Multiple Pollutant Reduction Program; Mercury Emission Reductions. Amend RSA 125-O by inserting after section 6 the following new section:

125-O:6-a Mercury Emission Reductions. The commissioner shall, based on the mercury emission sampling and testing results compiled pursuant to RSA 125-O:4, determine the average annual mercury emissions of each affected source for the years 2002-2004. The commissioner shall certify the average for each affected source to the secretary of state. Each affected source shall reduce its mercury emissions so that its mercury emissions after the compliance date are less than 25 percent of the certified average emissions each year.

7 Contingency. If HB 284-FN of the 2002 regular session becomes law, section 6 of this act shall take effect July 1, 2002. If HB 284-FN of the 2002 regular session does not become law, section 6 of this act shall not take effect.

8 Effective Date.

I. Section 6 of this act shall take effect as provided in section 7 of this act.

II. The remainder of this act shall take effect upon its passage.

2002-3644s

AMENDED ANALYSIS

This bill sets time frames within which certain municipal waste combustors must comply with mercury emission limits, and provides alternate compliance provisions, and extends the reporting date of the ash landfill study to May 30, 2002. This bill also mandates mercury emission reductions for certain fossil fuel burning electric power plants.

HB 1457, authorizing emergency medical care providers to withdraw blood for certain alcohol concentration tests. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2002-3565s

03/10

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

AN ACT relative to administration of alcohol concentration tests.

Amend the bill by deleting section 2 and renumbering the original section 3 to read as 2.

2002-3565s

AMENDED ANALYSIS

This bill clarifies the applicability of certain provisions relating to the drawing of blood for the purposes of administering of alcohol concentration tests.

Senator Barnes move to have HB 1365, requiring that the county departments of correction be charged 110 percent of the Medicare rate for inmates who need medical services within the community, taken off the table.

Senator Barnes offered a floor amendment.

2002-3643s

01/09

Floor Amendment to HB 1365-FN

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 Supplemental Appropriation; Department of Health and Human Services. Notwithstanding any other provision of law to the contrary, the department of health and human services may transfer funds up to $17,500,000 from the health care fund, established by RSA 167:70, to address operating budget appropriations and litigation expenses in the fiscal year ending June 30, 2002, with the approval of the legislative fiscal committee and the governor and council. Applicable federal and other matching funds shall be appropriated as necessary. Funds transferred in accordance with the provisions of this section shall not lapse until June 30, 2003.

2 Community Grants Program; Health Care Fund; Department of Health and Human Services. It is the intent of the legislature that the health care community grants budgeted in state fiscal years 2002 and 2003 in PAU 05-01-04-01, class 91, health care grants be funded from the interest earnings on the health care fund, established under RSA 167:70. Notwithstanding any provision of law to the contrary if interest earnings are insufficient to fund continuing health care community grants in state fiscal years ending June 30, 2002 and June 30, 2003, the additional expense shall be a charge against the principal of the health care fund as determined by the commissioner of health and human services and the commissioner of administrative services at the close of each state fiscal year. Current continuing and renewal community grants shall be supported by the health care fund during the biennium ending June 30, 2003. No new cycle of grant awards shall commence during the biennium ending June 30, 2003.

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

2002-3643s

AMENDED ANALYSIS

This bill authorizes the use of moneys in the health care fund to address operating budget appropriations in the department of health and human services.

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

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

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

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

Senator Gatsas having voted on the prevailing side, moved reconsideration on HB 1268-FN, establishing a net operating loss deduction in computing the business profits tax, whereby we ordered it to third reading.

HB 1268-FN, establishing a net operating loss deduction in computing the business profits tax.

Senator Gatsas offered a floor amendment.

2002-3641s

10/04

Floor Amendment to HB 1268-FN

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

1 Business Profits Tax; Net Operating Loss Deduction. RSA 77-A:4, XIII is repealed and reenacted to read as follows:

XIII. A deduction for the amount of the net operating loss carryover determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 provided, however, that in calculating such net operating loss carryover, the election permitted under section 172(b)(3) of the United States Internal Revenue Code in effect on December 31, 1996, shall not be allowed. A net operating loss shall be apportioned in the year incurred according to RSA 77-A:3. Net operating losses may only be carried forward for the 10 years following the loss year. For taxable periods ending:

(a) On or before June 30, 2003, the amount of net operating loss generated in a tax year that may be carried forward may not exceed $250,000.

(b) On or after July 1, 2003 and on or before June 30, 2004, the amount of net operating loss generated in a tax year that may be carried forward may not exceed $500,000.

(c) On or after July 1, 2004 and on or before June 30, 2005, the amount of net operating loss generated in a tax year that may be carried forward may not exceed $750,000.

(d) On or after July 1, 2005, the amount of net operating loss generated in a tax year that may be carried forward may not exceed $1,000,000.

In the case of a business organization not qualifying for treatment as a subchapter C corporation under the United States Internal Revenue Code, such deduction shall be the amount that would be determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 if the business organization were a subchapter C corporation and as limited by this section. A deduction for the amount of the net operating loss carryover shall be limited to losses incurred on or after July 1, 1997.

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

2002-3641s

AMENDED ANALYSIS

This bill increases, over a 4-year period, the amount of net operating loss generated in a business profits tax year that may be carried forward for 10 years following the loss year.

Senator Below offered a floor amendment.

2002-3647s

09/01

Floor Amendment to HB 1268-FN

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

1 Business Profits Tax; Net Operating Loss Deduction. Amend RSA 77-A:4, XIII to read as follows:

XIII. A deduction for the amount of the net operating loss carryover determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 provided, however, that in calculating such net operating loss carryover, the election permitted under section 172(b) (3)[(C)] of the United States Internal Revenue Code in effect on December 31, 1996, shall not be allowed. A net operating loss shall be apportioned in the year incurred according to RSA 77-A:3 [and such apportioned] Net operating [loss] losses may only be carried forward for the [5] 15 years following the loss year. For taxable periods ending on or before June 30, 2003, the amount of net operating loss generated in a tax year that may be carried forward may not exceed $250,000. In the case of a business organization not qualifying for treatment as a subchapter C corporation under the United States Internal Revenue Code, such deduction shall be the amount that would be determined under section 172 of the United States Internal Revenue Code in effect on December 31, 1996 if the business organization were a subchapter C corporation and as limited by this section. A deduction for the amount of the net operating loss carryover shall be limited to losses incurred on or after [January 1, 1989] July 1, 1997.

2 Applicability. Section 1 of this act shall apply to returns and taxes due on account of taxable periods ending on or after July 1, 2003.

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

Senator Boyce move to have HB 1365, requiring that the county departments of correction be charged 110 percent of the Medicare rate for inmates who need medical services within the community, taken off the table.

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

Senator Boyce offered a floor amendment.

2002-3650s

01/09

Floor Amendment to HB 1365-FN

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

Amend the bill by replacing all after section 2 with the following:

3 Supplemental Appropriation; Emergency and Non-Emergency Ambulance Transports of Medicaid Patients. The sum of $1,130,000 is hereby appropriated to PAU 05, 01, 07, 06, 03, class 90, for emergency medical transport services. Of this amount, $565,000 shall be from federal funds and, notwithstanding any other provision of law, $565,000 shall be a charge against the health care fund. The department of health and human services shall reimburse municipal and private emergency medical ambulance transport providers in the class 90 account of PAU 05, 01, 07, 06, 03 for the emergency and non-emergency transportation of New Hampshire medicaid patients at the same transport and mileage rate as the federal health care financing authority pays for the emergency and non-emergency transportation of medicare patients. Payment of the new rate shall be retroactive to January 1, 2002 for all emergency and non-emergency ambulance transports of medicaid patients.

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

2002-3650s

AMENDED ANALYSIS

This bill authorizes the use of moneys in the health care fund to address operating budget appropriations in the department of health and human services.

This bill requires the department of health and human services to reimburse municipal and private emergency medical ambulance transport providers of the transportation of medicaid patients at the same rate as provided in the federal Health Care Financing Authority. The moneys necessary for the change in rate shall be transferred from the health care fund.

HB 1413, relative to disclosure of information by hospitals. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

Senator Eaton offered a floor amendment.

2002-3639s

08/10

Floor Amendment to HB 1413

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

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

2 Health and Human Services; Dental Restorative Materials; Information. RSA 126-A:3, VI is repealed and reenacted to read as follows:

VI. The department shall provide information to the citizens of New Hampshire, within its existing resources, about the risks and benefits of dental restorative materials.

3 Environmental Services; Mercury Amalgam. RSA 485-A:4, XvIII is repealed and reenacted to read as follows:

XVIII. To establish rules for dental offices relative to the use of environmentally appropriate disposal equipment or methods for amalgam waste to trap and dispose of mercury.

4 Effective Date

I. Sections 2 and 3 of this act shall take effect January 1, 2003 at 12:01 a.m.

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

2002-3639s

AMENDED ANALYSIS

This bill clarifies the information hospitals must include in their annual report to the attorney general.

This bill also makes changes to the regulation of dental restorative materials in dental offices done by the departments of health and human services and environmental services.

Senator Francoeur having voted on the prevailing side, moved reconsideration on HB 673, relative to a net asset qualification for the elderly property tax exemption for married persons, whereby we ordered it to third reading.

HB 673, relative to a net asset qualification for the elderly property tax exemption for married persons.

Senator Gatsas offered a floor amendment.

2002-3542s

10/09

Floor Amendment to HB 673

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

Amend the bill by replacing all after section 6 with the following:

7 Exemption for the Disabled; Optional Extension Added. Amend RSA 72:37-b to read as follows:

72:37-b Exemption for the Disabled.

I. Upon its adoption by a city or town as provided in RSA 72:37-c, any person who is eligible under Title II or Title XVI of the federal Social Security Act for benefits to the disabled shall receive a yearly exemption in an amount to be chosen by the town or city.

II. The [exemption] exemptions in paragraph I and I-a may be applied only to property which is occupied as the principal place of abode by the disabled person. The exemption may be applied to any land or buildings appurtenant to the residence or to manufactured housing if that is the principal place of abode.

8 Procedure for Adoption; Exemption for the Disabled. RSA 72:37-c is repealed and reenacted to read as follows:

72:37-c Procedure for Adoption.

I. Any town or city may adopt the provisions of RSA 72:37-b, I, and may either jointly or separately adopt the provisions of RSA 72:37-b, I-a, in the following manner:

(a) In a town, the question shall be placed on the warrant of a special or annual town meeting, by the governing body or by petition pursuant to RSA 39:3, and shall be voted upon by official ballot if that town has adopted the official ballot for the election of officers. A public hearing shall be held at least 15 but not more than 60 days prior to the vote.

(b) In a city, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. In the alternative, the legislative body of such city may vote to place the question on the official ballot for any regular municipal election.

II. The vote shall specify the provisions of the exemption provided in RSA 72:37-b, I or the extension of the exemption provided in RSA 72:37-b, I-a. The exemption shall take effect in the tax year beginning April 1 following its adoption.

III. A municipality may modify or rescind the exemptions provided by this section in the manner described in this section.

9 Conditions for Elderly Exemption. Amend the introductory paragraph of RSA 72:39-a, I(b) to read as follows:

(b) Had in the calendar year preceding said April 1 a net income from all sources, or if married, a combined net income from all sources, of not more than the respective amount applicable to each age group as determined by the city or town for purposes of RSA 72:39-b. Under no circumstances shall the amount determined by the city or town be less than $13,400 for a single person or $20,400 for married persons. The net income shall be determined by deducting from all moneys received, from any source including social security or pension payments, the amount of any of the following or the sum thereof:

10 New Paragraph; Adoption or Modification of Elderly Exemption; Income Limits. Amend RSA 72:39-b by inserting after paragraph I the following new paragraph:

I-a. In addition to the provisions of paragraph I, a town or city may adopt or modify the elderly exemption by including different net income limits, or combined net income limits for married persons, applicable to each of the 3 age groupings listed in subparagraph I(c). Under no circumstances shall the amount determined by the city or town be less than $13,400 for a single person or $20,400 for married persons. Any town or city may adopt the provisions of this paragraph by including the provisions in the referendum under paragraph I, or by the following manner:

(a) In a town, the question shall be placed on the warrant of a special or annual town meeting, by the governing body or by petition pursuant to RSA 39:3, and shall be voted upon by official ballot if that town has adopted the official ballot for the election of officers. A public hearing shall be held at least 15 but not more than 60 days prior to the vote.

(b) In a city, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. In the alternative, the legislative body of such city may vote to place the question on the official ballot for any regular municipal election.

(c) The vote shall specify the provisions of the net income limits applicable to each age group listed in subparagraph I(c) as provided in this paragraph. The income limits for each age group shall take effect in the tax year beginning April 1 following its adoption.

(d) A municipality may rescind the net income limits applicable to each age group in the manner described in subparagraph (a) or (b).

11 Effective Date. This act shall take effect July 1, 2002.

2002-3542s

AMENDED ANALYSIS

This bill:

I. Allows for the adoption by municipalities of a married persons’ net asset qualification for purposes of the elderly exemption. Such combined net asset qualification shall apply to a surviving spouse until the sale or transfer of the property, or until the remarriage of the surviving spouse.

II. Clarifies references to consecutive years of residence and married persons in certain property tax exemption statutes.

III. Allows municipalities to adopt an extension of the property tax exemption for disabled persons who are 65 years of age or older.

IV. Allows towns or cities to adopt different net income limits for each age group in the elderly property tax exemption.

Senator Eaton having voted on the prevailing side, moved reconsideration on HB 1406, permitting the nomination of a guardian for the children of activated members of the armed services or for incapacitated persons for whom the activated member is the guardian, and creating a committee to study the New Hampshire national guard education assistance act, whereby we ordered it to third reading.

HB 1406, permitting the nomination of a guardian for the children of activated members of the armed services or for incapacitated persons for whom the activated member is the guardian, and creating a committee to study the New Hampshire national guard education assistance act.

Senator Eaton offered a floor amendment.

2002-3649s

05/09

Floor Amendment to HB 1406

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

Amend the bill by inserting after section 4 the following and renumbering the original section 5 to read as 6:

5 Capital Appropriation for Renovation and Expansion of State Armories. Amend 1999, 226:1, I C to read as follows:

C. Renovation and expansion of state armories [300,000] $930,000

1. Kitchen expansion and renovations 840,000

2. Renovation of state armories 90,000

Net state appropriation subparagraph C 300,000

2002-3649s

AMENDED ANALYSIS

This bill:

I. Permits the nomination of a guardian for the children of activated members of the armed services or for incapacitated persons for whom the activated member is the guardian.

II. Creates a committee to study the New Hampshire national guard education assistance act.

III. Amends the capital appropriation for state armories to include a federal appropriation for kitchen expansion and renovation.

HB 1134, relative to lighting requirements for motor vehicles and trailers. Transportation Committee. Vote 2-0. Ought to pass with amendment, Senator Eaton for the committee.

2002-3503s

03/10

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

AN ACT relative to lighting requirements for motor vehicles and trailers and establishing a grants coordinator in the department of safety.

Amend the bill by replacing all after section 2 with the following:

3 Department of Safety; Position Established; Grants Coordinator. There is established within the department of safety, division of administration, a grants coordinator position. The grants coordinator shall apply for and administer federal funds and private foundation aid to implement the statewide criminal justice information system, and any additional federal and private foundation funds that may become available to support programs at the department of safety or the police standards and training council. The grants coordinator shall file quarterly reports with the commissioner of safety and the director of police standards and training detailing the grants obtained and managed by the grants coordinator.

4 Transfer Authorized; Police Standards and Training Council Training Fund. The police standards and training council is authorized to execute an interagency agreement with the department of safety and may, notwithstanding RSA 188-F:30, transfer to the department of safety up to $100,000 during the fiscal year ending June 30, 2003 in unappropriated penalty assessment funds from the police standards and training council training fund for the purpose of funding the first-year costs of the grants coordinator position, a clerical assistant, and other costs of the department of safety associated with the grants coordinator. The department of administrative services is authorized, upon request of the department of safety, to establish at appropriate salary grades the necessary classified positions within the department of safety, division of administration, and to allocate the funds transferred pursuant to this section to the appropriate requested class codes for personnel, supplies, equipment, and travel in the department of safety budget for the fiscal year ending June 30, 2003.

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

2002-3503s

AMENDED ANALYSIS

This bill:

I. Provides that a motor vehicle, full trailer, or semi-trailer may be equipped with more than one stop lamp.

II. Requires that when a vehicle is manufactured with multiple stop lamps, multiple tail lamps, or stop lamps or tail lamps with multiple bulbs or filaments, each of the lamps, bulbs, or filaments shall be in working order.

III. Establishes the position of grants coordinator in the department of safety and authorizes a transfer from the police standards and training council training fund to fund the position.

This bill was requested by the police standards and training council.

HB 1348, clarifying the law regarding title-exempted vehicles. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator McCarley for the committee.

2002-3518s

05/03

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

AN ACT clarifying the law regarding title-exempted vehicles; permitting owners of antique motor vehicles to obtain certificates of title; and relative to farm tractor plates.

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

2 New Section; Certificates of Title and Registration of Vehicles; Title for Antique Motor Vehicle. Amend RSA 261 by inserting after section 4 the following new section:

261:4-a Antique Motor Vehicle; Certificate of Title. Nothing in RSA 261:3 or RSA 261:4 shall prohibit the department from issuing a certificate of title for an antique motor vehicle upon the request of the vehicle owner. The commissioner shall adopt rules, under RSA 541-A, relative to the issuance of a certificate of title for an antique motor vehicle.

3 Motor Vehicles; Title and Registration; Farm Tractor Plates. Amend RSA 261:83 to read as follows:

261:83 Farm Tractor Plates.

I. A tractor shall qualify for farm tractor registration rates and shall be driven with such registration only when the tractor is used exclusively for agricultural purposes or to draw another vehicle in such a way that part of the load is carried on such towing vehicle.

II. Notwithstanding any provision of law to the contrary, a farm tractor that is fitted with attachments such as cultivators, loaders, or other equipment, specific to the activities of the farm, shall qualify for farm tractor registration rates and number plates, provided that it is being used exclusively for agriculture and farming purposes, and not being used for hire.

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

2002-3518s

AMENDED ANALYSIS

This bill:

I. Clarifies the procedure for registering certain title-exempted vehicles.

II. Provides that antique motor vehicle owners may obtain certificates of title.

III. Clarifies the procedure for registering certain title-exempted vehicles.

Senator McCarley offered a floor amendment.

Sen. McCarley, Dist. 6

Sen. Below, Dist. 5

April 23, 2002

2002-3634s

05/10

Floor Amendment to HB 1348

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

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

4 Off Highway Recreational Vehicles and Trails; Registration Fees Increased. Amend RSA 215-A:23, I to read as follows:

I. Individual resident registration-[$26] $42 for each 2-wheeled trail bike registration, [$45] $75 for each snow traveling vehicle registration, or [$35] $51 for each other OHRV registration upon presentation of a resident tax receipt, or a valid [New Hampshire] driver’s license issued to a [person] New Hampshire resident 18 years of age or older. An individual resident registering a snow traveling vehicle who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association shall pay $45 for each snow traveling vehicle.

(a) The first $7 of each 2-wheeled trail bike registration, [$25] $55 for each snow traveling vehicle registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, $25 of each snow traveling vehicle registration registered by an individual who provides proof of membership in a snowmobile club as provided for in paragraph I of this section, or $16 of each other OHRV registration shall be appropriated to the department of resources and economic development for [administration of] the bureau’s grant-in-aid program pursuant to paragraph VI.

(b) From the balance, $10.30 from each snow traveling vehicle registration or [$9.30] $15.30 from each 2-wheeled trail bike or other OHRV registration shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VII, and $9.70 from each snow traveling vehicle registration or $19.70 from each 2-wheeled trail bike or other OHRV registration shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.

5 Off Highway Recreational Vehicles and Trails; Registration Fees Increased. Amend RSA 215-A:23, III to read as follows:

III. Individual nonresident registration-[$36] $63 for each 2-wheeled trail bike registration, [$60] $90 for each snow traveling vehicle registration, or [$45] $72 for each other OHRV registration. An individual nonresident registering a snow traveling vehicle who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association, shall pay $60 for each snow traveling vehicle.

(a) The first $13 of each 2-wheeled trail bike registration, [$36] $66 of each snow traveling vehicle registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, $36 of each snow traveling vehicle registration registered by an individual who provides proof, at the time of registration, of membership as provided for in paragraph III of this section, or $22 of each other OHRV registration shall be appropriated to the department of resources and economic development for [administration of] the bureau’s grant-in-aid program pursuant to paragraph VI.

(b) From the balance, $12.10 from each snow traveling vehicle registration or [$11.10] $17.10 from each 2-wheeled trail bike or other OHRV registration shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VII, and $11.90 from each snow traveling vehicle registration or $30.90 from each 2-wheeled trail bike or other OHRV registration shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.

6 Effective Date.

I. Sections 4-5 of this act shall take effect July 1, 2002.

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

2002-3634s

AMENDED ANALYSIS

This bill:

I. Clarifies the procedure for registering certain title-exempted vehicles.

II. Provides that antique motor vehicle owners may obtain certificates of title.

III. Clarifies the procedure for registering certain title-exempted vehicles.

IV. Increases the resident and nonresident OHRV registration fees.

V. Increases the OHRV registration fee for snow traveling vehicles, but exempts members of organized New Hampshire nonprofit snowmobile clubs from the increased fee.

HB 2000, relative to the state 10-year transportation improvement program, relative to proposed toll booths in the city of Nashua, and relative to the Troy Village bypass. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Eaton for the committee.

2002-3502s

01/09

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

AN ACT relative to the state 10-year transportation improvement program and establishing a transportation project study committee.

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

2 Committee Established. There is established a committee to study the use of design-build, design-build-finance, and design-build-finance-operate-maintain methods for certain transportation projects in New Hampshire.

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 of representatives.

II. The committee shall solicit information from such organizations and individuals as may be necessary to assist the committee in the performance of its duties. Such organizations and individuals shall include, but not be limited to, the following:

(a) The Business and Industry Association of New Hampshire.

(b) The New Hampshire Joint Board of Licensure for Professional Engineers, Architects, Land Surveyors, Natural Scientists and Foresters.

(c) The New Hampshire Good Roads Association.

(d) Chambers of Commerce.

(e) The Associated General Contractors of New Hampshire.

(f) The commissioner of the department of transportation, or designee.

(g) The commissioner of the department of environmental services, or designee.

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

IV. The committee shall study the use of design-build, design-build-finance, and design-build-finance-operate-maintain methods for certain transportation projects in New Hampshire. The committee shall research the cost-effectiveness of these methods, any potential to improve the timeliness of delivery of future transportation projects, and any other matters the committee deems relevant.

V. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

VI. 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.

3 Effective Date.

I. Section 2 of this act shall take effect upon its passage.

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

2002-3502s

AMENDED ANALYSIS

This bill:

I. Updates the 10-year transportation improvement program to maintain highways and bridges in the state.

II. Establishes a committee to study the use of design-build, design-build-finance, and design-build-finance-operate-maintain methods for certain transportation projects in New Hampshire.

Senator Gordon offered a floor amendment.

Sen. Johnson, Dist. 3

Sen. Gordon, Dist. 2

April 23, 2002

2002-3627s

01/09

Floor Amendment to HB 2000

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

Amend the bill by replacing all after section 2 with the following:

3 Special Railroad Fund. Amend RSA 228:69, I(a) to read as follows:

(a) [Fifteen] Twenty percent of the state's receipts from each railroad operating agreement shall be distributed annually to the cities and towns through which the active state-owned railroad lines used in each such agreement pass in proportion to the active state-owned trackage present in each such city or town.

4 Committee Established.

I. There is established a committee to study the distribution from the special railroad fund, pursuant to RSA 228:69, to municipalities along the state-owned right-of-way.

II. 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.

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

IV. The committee shall examine the distribution from the special railroad fund, pursuant to RSA 228:69, to municipalities along the state-owned right-of-way.

V. 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.

VI. 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.

5 Property Tax Exemption; Leases of State-Owned Railroad Properties; Applicability. RSA 72:23, I(b), as inserted by section 7 of HB 1180 of the 2002 legislative session shall apply to all leases of state-owned railroad properties existing or entered into, or property tax years, on or after January 1, 1999.

6 Contingency. If HB 1180 of the 2002 legislative session becomes law, section 5 of this act shall take effect and section 8 of HB 1180 shall not take effect. If HB 1180 of the 2002 legislative session does not become law, section 5 of this act shall not take effect.

7 Effective Date.

I. Section 1 of this act shall take effect 60 days after its passage.

II. Section 5 of this act shall take effect as provided in section 6 of this act.

III. The remainder of this act shall take effect upon its passage.

2002-3627s

AMENDED ANALYSIS

This bill:

I. Updates the 10-year transportation improvement program to maintain highways and bridges in the state.

II. Establishes a committee to study the use of design-build, design-build-finance, and design-build-finance-operate-maintain methods for certain transportation projects in New Hampshire.

III. Increases the distribution amount to certain municipalities from the special railroad fund.

IV. Establishes a committee to study the distribution to certain municipalities from the special railroad fund.

V. Establishes a retroactive exemption for certain leases of state-owned railroad properties from providing for payment of local property taxes.

HB 1235, relative to operation of motorized vessels and safe boater education. Wildlife and Recreation Committee. Vote 3-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2002-3508s

03/09

Amend RSA 270-D:17, I-II as inserted by section 7 of the bill by replacing it with the following:

I.(a) The department shall charge a fee of $10 for issuing a safe boater education certificate.

II.(a) The department[, or its agents,] may charge a fee for offering a safe boater education course or exam [may charge a fee]. The fee shall not exceed the costs incurred by the department[, or its agents,] in offering the course or exam [and shall not exceed $50].

(b) Agents of the department may charge a fee for offering a safe boater education course or exam. The commissioner shall establish by rule the maximum fees that may be charged by agents.

Senator Gatsas offered a floor amendment.

Sen. Gatsas, Dist. 16

Sen. Cohen, Dist. 24

April 23, 2002

2002-3651s

03/09

Floor Amendment to HB 1235

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

Amend the bill by replacing all after section 12 with the following:

13 New Paragraphs; Fill and Dredge in Wetlands; Definitions; Boat Slip, Structure. Amend RSA 482-A:2 by inserting after paragraph VII the following new paragraph:

VIII. "Boat slip" means a volume of water 20 feet long, 6 feet wide, and 3 feet deep as measured at normal high water and located adjacent to a structure to which a watercraft may be secured.

IX. "Structure" means something installed, erected, or constructed, but shall not include a bench, patio, landing, or stairs. Structures include, but are not limited to, the following: fence, dock, breakwater, post, pile, building, bridge, culvert, and wall.

14 New Paragraph; Excavating and Dredging Permit; Exemptions; Temporary Seasonal Docks. Amend RSA 482-A:3 by inserting after paragraph IV the following new paragraph:

IV-a. Temporary seasonal docks constructed on any lake or pond shall be exempt from the permitting requirements of this section. To qualify for an exemption under this paragraph, a temporary seasonal dock shall be:

(a) The only docking structure on the frontage;

(b) Constructed to be removed during the non-boating season;

(c) Removed for a minimum of 5 months of each year;

(d) Configured to be narrow, rectangular, and erected perpendicular to the shoreline;

(e) No more than 6 feet wide and no more than 40 feet long if the water body is 1,000 acres or larger, or no more than 30 feet long if the water body is less than 1,000 acres;

(f) Located on a parcel of land that has 75 feet or more of shoreline frontage;

(g) Located at least 20 feet from an abutting property line or the imaginary extension of the property line over the water;

(h) Installed in a manner which requires no modification, regarding, or recontouring of the shoreline, such as installation of a concrete pad for construction of a hinged dock; and

(i) Installed in a manner which complies with RSA 483-B.

15 Fill and Dredge of Wetlands; Dwellings Over Water; Existing Dwellings. Amend RSA 482-A:26, III to read as follows:

III.(a) Existing dwellings over water which were constructed or converted to be made suitable for use as a dwelling in accordance with the law in effect at the time of construction or conversion, may be repaired or reconstructed, for maintenance purposes only, using any modern technologies, provided the result is a functionally equivalent use. Such repair or reconstruction may alter the interior design or existing cribwork, but no expansion of the existing footprint or outside dimensions shall be permitted. A condition of RSA 482-A:3 approval shall be the existence or installation of a sewage disposal system which has been approved pursuant to RSA 485-A:29-44. No permit shall be required for routine maintenance that does not involve work in the water.

16 New Subparagraph; Fill and Dredge in Wetlands; Dwellings Over Water; Historic Boathouse Structure Over Water. Amend RSA 482-A:26, IV by inserting after subparagraph (c) the following new subparagraph:

(d) "Historic boathouse structure over water" means a structure which:

(1) Extends in any part beyond the shoreline of any public water or publicly-owned water body;

(2) Was built prior to 1950 for use as a boathouse;

(3) Was constructed with one or more floors above the slip area suitable for use as a dwelling; and

(4) Was repaired, renovated, or reconstructed after January 1, 1996.

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

2002-3651s

AMENDED ANALYSIS

This bill:

I. Makes laws relative to safe boater education and the minimum age of operation of motorized vessels apply only to the operation of vessels with greater than 25 horsepower. Currently, these laws apply only to the operation of vessels with greater than 15 horsepower.

II. Limits when a person under 16 years of age may not operate a motorized vessel.

III. Limits the issuance of safe boater certificates to persons 16 years of age or older.

IV. Directs certain fees to the navigation safety fund.

V. Requires the department of safety to submit an annual report on the division of safety services.

VI. Eliminates the boat safety fund.

VII. Eliminates the boating safety registration checklist.

VIII. Defines "boat slip" and "structure" for purposes of the fill and dredge in wetlands laws.

IX. Exempts temporary seasonal docks from the excavating and dredging permit requirement.

X. Modifies the requirements for the repair and reconstruction of certain dwellings over water.

Senator Burns offered a floor amendment.

2002-3555s

03/04

Floor Amendment to HB 1235

Amend the bill by inserting after section 12 the following and renumbering the original section 13 to read as 14:

13 New Subparagraph; General Rules for Vessels Operating on Water; Headway Speed; Exception Added. Amend RSA 270-D:2, VI(b) by inserting after subparagraph (2) the following new subparagraph:

(3) A vessel is in the waters of the Androscoggin River from the Errol Dam to Umbagog Lake or in the waters of the Magalloway River within the state of New Hampshire.

2002-3555s

AMENDED ANALYSIS

This bill:

I. Makes laws relative to safe boater education and the minimum age of operation of motorized vessels apply only to the operation of vessels with greater than 25 horsepower. Currently, these laws apply only to the operation of vessels with greater than 15 horsepower.

II. Limits when a person under 16 years of age may not operate a motorized vessel.

III. Limits the issuance of safe boater certificates to persons 16 years of age or older.

IV. Directs certain fees to the navigation safety fund.

V. Requires the department of safety to submit an annual report on the division of safety services.

VI. Eliminates the boat safety fund.

VII. Eliminates the boating safety registration checklist.

VIII. Establishes an exception to the headway speed requirement for portions of the Androscoggin and Magalloway Rivers.

Senator Gordon moved to have HB 1393, relative to business replacement costs resulting from government program displacement, taken off the table.

HB 1393, relative to business replacement costs resulting from government program displacement.

Senator Gordon offered a floor amendment.

April 23, 2002

2002-3630s

09/10

Floor Amendment to HB 1393

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

Amend the bill by inserting after section 4 the following and renumbering the original section 5 to read as 6:

5 New Section; Payments by State for Certain Real Property Acquisitions. Amend RSA 124-A by inserting after section 2 the following new section:

124-A:2-a Real Property Acquisitions by the State. When an acquiring agency, acting on behalf of the state, wants to acquire a portion of real property from a person who owns such real property and who operates a business or farm operation on such real property, the person shall have the option of selling, at fair market value, to the acquiring agency either:

I. The portion of the real property which is developed for purposes of the business or farm operation; or

II. The entire tract of real property, both developed and undeveloped, owned by the person.

2002-3630s

AMENDED ANALYSIS

This bill provides for the study of payment of business displacement costs resulting from government program displacement.

The bill increases the maximum payment which a displaced person may be paid by a displacing agency for actual reasonable expenses necessary to reestablish a displaced form, nonprofit organization, or small business at its new site.

The bill also grants certain landowners operating businesses or farms the option of requiring the state to purchase an entire tract of land, rather than just a portion of land, when the state wants to acquire land as a result of programs or projects undertaken by a state agency.

Senator Boyce offered a floor amendment.

2002-3588s

09/01

Floor Amendment to HB 1393

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 Statement of Intent. The general court recognizes that the displacement of businesses by eminent domain takings can result in the closure of those businesses. The primary purpose of this act is to ensure that the adverse impacts of displacement to businesses are minimized or eliminated.

2 New Section; Relocation Assistance and Real Property Acquisition; Replacement Costs for Businesses. Amend RSA 124-A by inserting after section 5 the following new section:

124-A:5-a Replacement Costs for Businesses.

I. In addition to any other payments authorized by this chapter, the displacing agency shall make an additional payment to any business which is a displaced person as defined in RSA 124-A:2, IV. The payment shall consist of an amount equal to the replacement cost of the business. "Replacement cost" shall mean the present value cost, as documented by competent evidence, to replace the business property for the displaced person, taking into account all reasonable matters of significance to the property for the uses to which the property was able to lawfully be used at the time of the displacement, including such matters as lot size, location, highway access, zoning laws, public or private utilities, and building and facility reproduction. "Replacement cost" shall include but not be limited to the lesser of the following:

(a) The costs associated with the design and construction of any new buildings which are reasonably suitable for the continuation of the business in a fashion as close as possible to the operation of the business prior to the displacement; or

(b) The costs associated with the purchase and renovation of any building which is reasonably comparable to the displaced property, is in a reasonably similar location, and is reasonably suitable for the continuation of the business in a fashion as close as possible to the operation of the business prior to the displacement.

II. The business may choose in lieu of this payment to be paid the fair market value of the property as provided in RSA 498-A:25.

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

2002-3588s

AMENDED ANALYSIS

This bill requires displacing agencies under RSA 124-A to pay the replacement costs of businesses displaced by government programs.

Senator Below moved to appeal the Ruling of the Chair on the decision of not taking up a Veto until Veto Day.

Senator Below moved to have HB 557, relative to victims' assistance programs and the victims' assistance fund, taken off the table.

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

Senator Fernald moved to have HB 325-FN, relative to certain acts of sexual assault, taken off the table.

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

Senator Prescott moved to have HB 325-FN, relative to certain acts of sexual assault, laid on the table.

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

The House of Representatives concurs with the Senate in its amendments to the following entitled Bills sent down from the Senate:

HB 1180, establishing a task force to research revenue streams to fund intermodal transportation systems in New Hampshire.

Senator Boyce offered the following:

Proposed Rules Changes:

17-A (a) The Office of Legislative Services shall not draft a Senate Bill or Joint Resolution, other than the general appropriations (budget) bill or the capital budget bill, unless a request by a member for drafting with complete information has been received not later than 3:00 p.m. on Friday, December 20, 2002.

(b) Every Senate Bill and Joint Resolution, except the general appropriations (budget) bill or the capital budget bill, must be signed off in Legislative Services by 12 p.m., on Friday, January 17, 2003.

17 (f) Filing period for legislation to be acted on in the second half of the biennium, January 2002, will commence on April 16, 2001. The office of Legislative Services shall not draft a Senate Bill or Joint Resolution, unless a request by a member for drafting with complete information has been received not later than 3:00 p.m., April 20, 2001. Last day to sign-off legislation for the January 2002 session - August 1, 2001, at 3:00 p.m.

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

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

Senator Gordon moved to have HB 1299, establishing a committee to study the creation of a marriage education and enhancement program, taken off the table.

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

Senator Francoeur moved to have HB 226, relative to instructions to voters for straight-ticket voting, taken off the table.

HB 226, relative to instructions to voters for straight-ticket voting.

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

Senator Francoeur offered a floor amendment.

2002-3628s

03/04

Floor Amendment to HB 226

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

AN ACT apportioning state senate districts.

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

1 State Senate Districts. RSA 662:3 is repealed and reenacted to read as follows:

662:3 State Senate Districts. The state is divided into 24 districts for the choosing of state senators, each of which may elect one senator. The districts shall be constituted as follows:

I. Senatorial district number 1 is constituted of Coos county and Bartlett, Bethlehem, Chatham, Easton, Franconia, Hart’s Location, Jackson, Landaff, Lincoln, Lisbon, Littleton, Livermore, Lyman, Monroe, and Sugar Hill.

II. Senatorial district number 2 is constituted of Alexandria, Ashland, Bath, Belmont, Benton, Bridgewater, Bristol, Campton, Dorchester, Ellsworth, Groton, Haverhill, Hebron, Holderness, New Hampton, Northfield, Piermont, Plymouth, Rumney, Sanbornton, Thornton, Tilton, Warren, Waterville Valley, Wentworth, and Woodstock.

III. Senatorial district number 3 is constituted of Albany, Center Harbor, Conway, Eaton, Effingham, Freedom, Hale’s Location, Laconia, Madison, Meredith, Moultonborough, Ossipee, Sandwich, Tamworth, and Tuftonboro.

IV. Senatorial district number 4 is constituted of Allenstown, Alton, Barnstead, Chichester, Epsom, Gilford, Gilmanton, Loudon, New Durham, Pembroke, Pittsfield, and Strafford.

V. Senatorial district number 5 is constituted of Charlestown, Claremont, Cornish, Hanover, Lebanon, Lyme, Orford, Plainfield, and Walpole.

VI. Senatorial district number 6 is constituted of Brookfield, Farmington, Middleton, Milton, Rochester, Wakefield, and Wolfeboro.

VII. Senatorial district number 7 is constituted of Antrim, Bennington, Bow, Bradford, Deering, Dunbarton, Francestown, Greenfield, Hancock, Henniker, Hillsborough, Lyndeborough, New Boston, Stoddard, Warner, Washington, Weare, Webster, and Windsor.

VIII. Senatorial district number 8 is constituted of Acworth, Alstead, Andover, Canaan, Croydon, Danbury, Enfield, Franklin, Goshen, Grafton, Grantham, Hill, Langdon, Lempster, New London, Newbury, Newport, Orange, Salisbury, Springfield, Sunapee, Sutton, Unity, and Wilmot.

IX. Senatorial district number 9 is constituted of wards 10 and 12 in Manchester, and Bedford and Goffstown.

X. Senatorial district number 10 is constituted of Chesterfield, Gilsum, Hinsdale, Keene, Marlborough, Marlow, Richmond, Roxbury, Sullivan, Surry, Swanzey, Troy, Westmoreland, and Winchester.

XI. Senatorial district number 11 is constituted of Dublin, Fitzwilliam, Greenville, Harrisville, Jaffrey, Mason, Milford, Mont Vernon, Nelson, New Ipswich, Peterborough, Rindge, Sharon, Temple, and Wilton.

XII. Senatorial district number 12 is constituted of wards 1, 5, and 6 in Nashua, and Amherst, Brookline, and Hollis.

XIII. Senatorial district number 13 is constituted of ward 8 in Manchester and wards 2 and 4 in Nashua, and Merrimack.

XIV. Senatorial district number 14 is constituted of wards 8 and 9 in Nashua, and Hudson and Pelham.

XV. Senatorial district number 15 is constituted of Boscawen, Canterbury, Concord, and Hopkinton.

XVI. Senatorial district number 16 is constituted of wards 1, 2, 4, and 5 in Manchester, and Candia and Hooksett.

XVII. Senatorial district number 17 is constituted of Brentwood, Danville, Deerfield, Epping, Exeter, Fremont, Northwood, Raymond, and Sandown.

XVIII. Senatorial district number 18 is constituted of wards 3 and 7 in Nashua, and Litchfield and Londonderry.

XIX. Senatorial district number 19 is constituted of Derry, Hampstead, and Windham.

XX. Senatorial district number 20 is constituted of wards 3, 6, 7, 9, and 11 in Manchester, and Auburn and Chester.

XXI. Senatorial district number 21 is constituted of Barrington, Dover, Madbury, Rollinsford, and Somersworth.

XXII. Senatorial district number 22 is constituted of Atkinson, Kingston, Newton, Plaistow, and Salem.

XXIII. Senatorial district number 23 is constituted of East Kingston, Greenland, Hampton, Hampton Falls, Kensington, Newfields, North Hampton, Rye, Seabrook, South Hampton, and Stratham.

XXIV. Senatorial district number 24 is constituted of Durham, Lee, New Castle, Newington, Newmarket, Nottingham, and Portsmouth.

2 Application. The changes in state senate districts established by this act shall not affect constituencies or terms of office of senators presently in office. The state senate districts established by this act shall be in effect for the purpose of electing senators at the 2002 state general election. If there shall be a vacancy in a state senate district for any reason prior to the 2002 state general election, the vacancy shall be filled by and from the same state senate district that existed for the 2000 state general election. No provision of this act shall affect in any manner any of the proceedings of the membership of the senate of the general court that assembled for a biennial session in January 2001.

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

2002-3628s

AMENDED ANALYSIS

This bill establishes new state senate districts in accordance with the latest federal decennial census.

Senator Francoeur moved to have HB 226, relative to instructions to voters for straight-ticket voting, laid on the table.

April 19, 2002

2002-3621-EBA

04/10

Enrolled Bill Amendment to HB 424

The Committee on Enrolled Bills to which was referred HB 424

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 change to the report date of the study committee.

Amend section 5 of the bill by replacing line 3 with the following:

senate clerk, the governor, and the state library on or before November 1, 2002.

April 19, 2002

2002-3620-EBA

05/10

Enrolled Bill Amendment to HB 1170

The Committee on Enrolled Bills to which was referred HB 1170

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 1996, 4:5, I as inserted by section 1 of the bill by replacing it with the following:

I. Section 4 of this act shall take effect July 1, [2002] 2003.

Senator Pignatelli moved adoption.

April 18, 2002

2002-3606-EBA

03/09

Enrolled Bill Amendment to HCR 22

The Committee on Enrolled Bills to which was referred HCR 22

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 technical corrections.

Amend the second paragraph after the title of the resolution by replacing line 2 with the following:

people of New Hampshire, through their elected representatives, for multiple use management in

Amend the fourth paragraph after the title of the resolution by replacing line 2 with the following:

management in considerable areas of the White Mountain National Forest, especially with respect to

Amend the eighth paragraph after the title of the resolution by replacing line 3 with the following:

the intent of Congress in approving the funding for additional land acquisitions; now, therefore, be it

Senator Pignatelli moved adoption.

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 House Messages, Enrolled Bills and Amendments, and that when we adjourn, we adjourn to Thursday, April 25, 2002 at 10:15 a.m.

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.

HB 253, relative to mercury reductions.

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

HB 298-FN-L, relative to charter schools and establishing a charter school revolving fund.

HB 329-FN-L, establishing a committee to study indoor air quality and fire safety in public schools.

HB 386, relative to the relocation of the principal residence of a child.

HB 404, relative to rulemaking by the board of licensing for alcohol and other drug abuse professionals.

HB 447, establishing a task force on family law.

HB 465, relative to membership of attorneys in the New Hampshire Bar Association and lobbying by the Bar Association.

HB 523, relative to filing fees and legislative approval of certain settlements by the attorney generals.

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

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

HB 589, relative to eligibility for unemployment benefits for part-time workers.

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

HB 631-L, relative to access to public school programs by nonpublic or home educated pupils.

HB 650-FN, relative to master plans.

HB 661, relative to hearing timelines in abuse and neglect cases.

HB 672, relative to insurance coverage for mental and nervous conditions and for treatment for chemical dependency.

HB 673, relative to a net asset qualification for the elderly property tax exemption for married persons.

HB 678, relative to notice of release of an inmate from state prison.

HB 706, relative to mediation in superior court cases involving children.

HB 1000-FN-A, relative to the acquisition and oversight of certain rights in land located in Pittsburg, Clarksville, and Stewartstown, known as the Connecticut Lakes headwaters tract and making an appropriation therefor; establishing funds for the stewardship of these lands; and allowing state agencies to hold certain rights under the New Hampshire land and community heritage investment program.

HB 1108, relative to administrative license suspension hearings.

HB 1134, relative to lighting requirements for motor vehicles and trailers.

HB 1137, relative to the crime of resisting arrest.

HB 1142, relative to the advisory council on unemployment compensation.

HB 1147, relative to the annulment of certain criminal offenses committed under the laws of another jurisdiction.

HB 1175, relative to proclaiming oneself a New Hampshire native.

HB 1194, relative to medical records.

HB 1208, relative to real estate broker liens.

HB 1217, relative to payment of trust income.

HB 1218, relative to the regulation of pharmacists and prescription drug orders.

HB 1231, implementing a pre-engineering technology curriculum in the public high schools in the state.

HB 1235, relative to operation of motorized vessels and safe boater education.

HB 1249, adopting the model Drug Dealer Liability Act.

HB 1264-FN-L, relative to district courts and pleas by mail, and establishing a committee to study the operation and efficiency of motor vehicle trials in district courts.

HB 1268-FN, establishing a net operating loss deduction in computing the business profits tax.

HB 1273-FN, 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.

HB 1299, 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 the legislative review of retirement fund investment practices, and relative to the payment of medical benefits costs for retired state employees.

HB 1311, relative to certain mental health records and establishing a committee to study the protection of certain medical information.

HB 1318, relative to the regulation of the use of pharmaceutical agents and the treatment of glaucoma by licensed optometrists.

HB 1338, clarifying that the judicial council is responsible for payment of indigent defense expenses.

HB 1348, clarifying the law regarding title-exempted vehicles.

HB 1365, 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 1366-FN, establishing a state employee recognition and award program.

HB 1388, relative to respiratory care.

HB 1390, relative to quality assurance information.

HB 1393, relative to business replacement costs resulting from government program displacement.

HB 1406, permitting the nomination of a guardian for the children of activated members of the armed services or for incapacitated persons for whom the activated member is the guardian, and creating a committee to study the New Hampshire national guard education assistance act.

HB 1413, relative to disclosure of information by hospitals.

HB 1420, relative to exceptions to the prohibition on persons practicing as attorneys when not admitted to practice by the supreme court.

HB 1429, relative to the scope of the consumer protection act.

HB 1433, prohibiting intoxication and constructive possession of alcohol by minors.

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

HB 1441, relative to the availability of records of the joint committee on legislative facilities.

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

HB 1449-A, establishing a pilot program to study and establish protected instream flows and water management plans on the Lamprey River and the Souhegan River.

HB 1451-FN-A, implementing the Mobile Telecommunications Sourcing Act and relative to the telecommunications equipment assistance program.

HB 1457, authorizing emergency medical care providers to withdraw blood for certain alcohol concentration tests.

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

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

HB 1467-FN, relative to the cost of vaccines.

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 1483, relative to municipal budget committees.

HB 2000, relative to the state 10-year transportation improvement program, relative to proposed toll booths in the city of Nashua, and relative to the Troy Village bypass.