2002-3665-EBA

04/01

Enrolled Bill Amendment to HB 1476

The Committee on Enrolled Bills to which was referred HB 1476

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 inserts contingency provisions in the event HB 1310 of the 2002 legislative session becomes law and the referendum contained therein is duly approved.

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

4 Definitions; Normal Retirement Date; HB 1310 Contingency Provision. 1973, 218:4, XIII, as amended by HB 1310 of the 2002 legislative session, is repealed and reenacted to read as follows:

XIII. "Normal retirement date" shall mean the first day of the month coinciding with or next following a member’s sixtieth birthday.

5 Retirement Benefits; HB 1310 Contingency Provision. 1973, 218:12, I, as amended by HB 1310 of the 2002 legislative session, is repealed and reenacted to read as follows:

6 Early Retirement Option; HB 1310 Contingency Provision. 1973, 218:14, I, as amended by HB 1310 of the 2002 legislative session, is repealed and reenacted to read as follows:

7 Referendum. At the election to be held in the city in November, 2002, the city clerk then in office shall cause to be included on the ballot the following statement and question: "A contributory retirement plan for city employees was adopted by the voters of Manchester at the November 1973 election. The plan became effective in January 1974, and now, benefit improvements are requested. Are you in favor of the passage of an act of the General Court of 2002, amending sections 1, 7, and 12 of the city of Manchester employees contributory retirement system to lower the normal retirement age to 60, and to reduce the early retirement penalty?" Beneath this statement and question shall be printed the word "Yes" and the word "No" with a square immediately opposite such word in which the voter may indicate his or her choice. If a majority of the voters present and voting on the question shall signify their approval thereof, this act shall be declared adopted and effective July 1, 2003, except as otherwise provided within the act. The city clerk shall, within 10 days after said election, certify to the secretary of state the result of the vote on the question.

8 Contingency.

I. If HB 1310 of the 2002 legislative session becomes law and the referendum contained in section 2 of said HB 1310 is duly approved as provided therein, then sections 4-6 of this act shall take effect on the date the referendum in section 7 of this act is approved, and sections 1-3 of this act shall not take effect.

II. If HB 1310 of the 2002 legislative session does not become law, or if the referendum contained in section 2 of said HB 1310 is not approved as provided therein, then sections 1-3 of this act shall take effect as provided in section 7 of this act, and sections 4-6 of this act shall not take effect.

9 Effective Date.

I. Section 7 of this act, relative to the referendum, shall take effect upon its passage.

II. The remainder of this act shall take effect as provided in section 8.

Senator Pignatelli moved adoption.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bill:

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

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

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

HB 1142, relative to the advisory council on unemployment compensation.

HB 1159, relative to substituting generic drugs for legend and non-legend drugs.

HB 1170, extending the environmental audit program.

HB 1203, relative to retroactive health insurance denials.

HB 1208, relative to real estate broker liens.

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

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

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

HB 1438, relative to registration of health clubs.

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

HB 1441, relative to the availability of records of the joint committee on legislative facilities.

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

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

HB 1469, 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 certain state employees to receive a retirement allowance while in service.

HB 1476, relative to the age of retirement or early retirement in the city of Manchester employees contributory retirement system.

SB 52, relative to liquor liability insurance coverage and relative to liquor licensee training.

SB 112, relative to election day registration.

SB 133, relative to Skyhaven airport.

SB 201, relative to the job training program for economic growth.

SB 309, relative to payment o medical benefits costs for disabled group II members of the retirement system.

SB 314, relative to Selective Service Act Compliance through driver's license applications.

SB 321, establishing a committee to study statutory and administrative requirements regarding the legal residency of homeless children in certain educational and institutional settings, and relative to the appeal of decisions made regarding change of school or assignment.

SB 455, relative to funding for district an probate court security.

Senator D'Allesandro moved adoption.

2002-3673-EBA

08/09

Enrolled Bill Amendment to SB 331-FN

The Committee on Enrolled Bills to which was referred SB 331-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction to the amending language.

Amend section 1 of the bill by replacing line 2 with the following:

94:1-a, I(b) by deleting the following from:

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

I(b) by inserting the following in:

Senator Pignatelli moved adoption.

2002-3672-EBA

03/10

Enrolled Bill Amendment to SB 326

The Committee on Enrolled Bills to which was referred SB 326

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

FOR THE COMMITTEE

This enrolled bill amendment corrects a statutory reference in the bill.

Amend paragraph I of section 3 of the bill by replacing line 1 with the following:

I. The membership of the appeals board created under RSA 281-A:42-a, including the selection

Senator Pignatelli moved adoption.

2002-3692-EBA

05/01

Enrolled Bill Amendment to SB 155-LOCAL

The Committee on Enrolled Bills to which was referred SB 155-LOCAL

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 and a grammatical correction.

Amend RSA 507-G:3 as inserted by section 1 of the bill by replacing line 1 with the following:

507-G:3 Definitions. In this chapter, "employee" means any individual elected or

Amend RSA 507-G:4, I as inserted by section 1 of the bill by replacing line 7 with the following:

attorneys’ fees to the prevailing party or parties. Costs shall include, but not be limited to, all

Senator Pignatelli moved adoption.

HB 1235, relative to operation of motorized vessels and safe boater education and relative to fill and dredge in wetlands.

Hb 1106, repealing the water pollution control revolving loan fund advisory committee, the local government advisory committee, and the New Hampshire industrial heritage commission; establishing a reporting requirement for the environmental research advisory committee; and creating a radon study committee.

April 26, 2002

2002-3681-EBA

06/09

Enrolled Bill Amendment to SB 124

The Committee on Enrolled Bills to which was referred SB 124

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

cases under the terms established by the pilot project. The administrative judge of the district

Senator Pignatelli moved adoption.

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Thursday, May 2, 2002, at 10:15 a.m.

The Senate met at 10:15 a.m.

A quorum was present.

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

Senator Eaton led the Pledge of Allegiance.

Senator Barnes moved that the Rules of the Senate be so far suspended as to allow an introduction of a bill after the deadline.

SB 456, making appropriations to the department of health and human services.

Senator Barnes moved that the Rules of the Senate be so far suspended as to referral to committee, holding of a public hearing, a committee report, and notice in the calendar and further move that it is on second reading at the present time.

SB 456, making appropriations to the department of health and human services.

SB 456, making appropriations to the department of health and human services.

HB 1420, relative to exceptions to the prohibition on persons practicing as attorneys when not admitted to practice by the supreme court.

Senator Gordon moved to not adopt the Committee of Conference Report and discharge the members and form a new Committee of Conference.

Senator Gordon moved that the Rules of the Senate be so far suspended as to allow the formation of a new Committee of Conference after the deadlines for formation and sign off has passed on HB 1420, relative to exceptions to the prohibition on persons practicing as attorneys when not admitted to practice by the supreme court.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

HB 1210, relative to training to be a licensed esthetician, and relative to experience required for shop licensure of barbers, cosmetologists, or estheticians.

Senator Gordon moved to not adopt the Committee of Conference Report and discharge the members and form a new Committee of Conference.

Senator Francoeur moved that the Rules of the Senate be so far suspended as to allow the formation of a new Committee of Conference after the deadlines for formation and sign off has passed on HB 1210, relative to training to be a licensed esthetician, and relative to experience required for shop licensure of barbers, cosmetologists, or estheticians.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

2002- April 30, 2002

2002-3724-CofC

09/01

Committee of Conference Report on HB 134, an act permitting challenges to judges.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

The signatures below attest to the authenticity of this Report on HB 134, an act permitting challenges to judges.

Sen. Gordon, Dist. 2 Rep. P. Woods, Straf. 11

Sen. Pignatelli, Dist. 13 Rep. L. Jean, Hills. 17

Sen. Roberge, Dist. 9 Rep. Wall, Straf. 9

Rep. Reid, Straf. 12

2002-3724-CofC

AMENDED ANALYSIS

This bill requires the supreme court to establish a pilot program in the superior and district courts of one county which allows each party in a civil case one challenge to the justice assigned to the case. The bill also establishes a legislative oversight committee on the pilot program.

Senator Gordon moved adoption.

April 29, 2002

2002-3706-CofC

04/01

Committee of Conference Report on HB 180-FN, an act relative to criminal neglect of elderly, disabled, or impaired adults.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend RSA 631:8, I(b) as inserted by section 1 of the bill by replacing it with the following:

(b) "Caregiver" means any person who has been entrusted with, or has assumed the responsibility voluntarily, by contract, or by order of the court, for frequent and regular care of or services to an elderly, disabled, or impaired adult, including subsistence, medical, custodial, personal or other care, on a temporary or permanent basis. A caregiver shall not include an uncompensated volunteer, unless such person has agreed to provide care and is aware that the person receiving the care is dependent upon the care provided.

Amend RSA 631:8, VI as inserted by section 1 of the bill by replacing it with the following:

VI. Nothing in this section shall be construed to impose criminal liability on a person who has made a good faith effort to provide for the care of an elderly, disabled, or impaired adult, but through no fault of his or her own, has been unable to provide such care, or on a person who is carrying out the lawful request of an elderly or disabled adult who is competent to make his or her own decisions.

The signatures below attest to the authenticity of this Report on HB 180-FN, an act relative to criminal neglect of elderly, disabled, or impaired adults.

Sen. Gordon, Dist. 2 Rep. Sargent, Hills. 3

Sen. Fernald, Dist. 11 Rep. Hess. Merr. 11

Sen. Roberge, Dist. 9 Rep. O’Keefe, Rock. 21

Rep. Knowles, Straf. 11

Senator Gordon moved adoption.

April 29, 2002

2002-3705-CofC

09/01

Committee of Conference Report on HB 213-FN, an act establishing a study committee on education property tax hardship relief.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 213-FN, an act establishing a study committee on education property tax hardship relief.

Sen. Barnes, Dist. 17 Rep. Sapareto, Rock. 13

Sen. Gatsas, Dist. 16 Rep. Weyler, Rock. 18

Sen. D’Allesandro, Dist. 20 Rep. Patten, Carr. 9

Rep. Almy, Graf. 14

Senator Barnes moved adoption.

April 29, 2002

2002-3710-CofC

05/10

Committee of Conference Report on HB 447, an act establishing a task force on family law.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend RSA 604-A:8, I as inserted by section 4 of the bill by replacing it with the following:

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.

Amend the bill by replacing all after section 12 with the following:

13 Committee Established. There is established a committee to study shorthand court reporting.

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

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

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

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

III. The committee shall review all statutes and issues relevant to shorthand court reporting.

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 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.

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

14 Shorthand Reporting; HB 706; Effective Date Changed. Section 7 of HB 706 of the 2002 legislative session is repealed and reenacted to read as follows:

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

15 Contingency. If HB 706 of the 2002 legislative session becomes law, section 14 of this act shall take effect upon its passage. If HB 706 of the 2002 legislative session does not become law, section 14 of this act shall not take effect.

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

17 Effective Date.

I. Section 14 of this act shall take effect as provided in section 15 of this act.

II. Section 16 of this act shall take effect November 1, 2003.

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

The signatures below attest to the authenticity of this Report on HB 447, an act establishing a task force on family law.

Sen. Gordon, Dist. 2 Rep. Moran, Hills. 15

Sen. Roberge, Dist. 9 Rep. Mock, Carr. 3

Sen. Fernald, Dist. 11 Rep. J. Pratt, Ches. 2

Rep. Stone, Rock. 7

Senator Gordon moved adoption.

April 30, 2002

2002-3723-CofC

10/09

Committee of Conference Report on HB 465, an act relative to membership of attorneys in the New Hampshire Bar Association and lobbying by the Bar Association.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:

2 New Hampshire Bar Association; Poll Required; Joint Legislative Committee Established.

I. The New Hampshire Bar Association shall, prior to October 1, 2002, conduct a poll asking its members the following question:

"The New Hampshire legislature is studying the de-unification of the New Hampshire Bar Association. If this step is taken, certain functions of the Bar Association, such as licensure, continuing legal education, and the public protection fund, may be managed by some other entity. Shall membership in the New Hampshire Bar Association be mandatory in order to practice as an attorney in this state?"

The poll shall be by secret ballot and shall be conducted in a manner as similar as possible to the manner in which the Bar Association conducted its most recent election of officers, except that counting of the ballots shall be entirely open to the public and all balloting materials shall be preserved for the joint legislative committee established in paragraph II.

II. There is established a joint legislative committee to study issues related to the mandatory unified bar. The composition of the joint legislative committee shall be 3 members of the house of representatives appointed by the speaker of the house, and 3 members of the senate appointed by the president of the senate. The committee shall report its findings and recommendations to the president of the senate, the speaker of the house of representatives, and the chief justice of the New Hampshire supreme court on or before December 1, 2002.

The signatures below attest to the authenticity of this Report on HB 465, an act relative to membership of attorneys in the New Hampshire Bar Association and lobbying by the Bar Association.

Sen. Gordon, Dist. 2 Rep. Reid, Straf. 12

Sen. Fernald, Dist. 11 Rep. J. Pratt, Ches. 2

Sen. Prescott, Dist. 19 Rep. Ward, Graf. 1

Rep. L. Jean, Hills. 17

2002-3723-CofC

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.

The bill requires the New Hampshire Bar Association to poll its members if membership in the New Hampshire Bar Association should be mandatory in order to practice as an attorney in this state. The bill also establishes a joint legislative committee on the matter.

Senator Gordon moved adoption.

April 30, 2002

2002-3722-CofC

05/09

Committee of Conference Report on HB 559-FN, an act relative to the procedures for assignment of income from child or spousal support orders.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend RSA 458-B:2, I(b) as inserted by section 1 of the bill by replacing it with the following:

The signatures below attest to the authenticity of this Report on HB 559-FN, an act relative to the procedures for assignment of income from child or spousal support orders.

Sen. Gordon, Dist. Dist. 2 Rep. Lyman, Carr. 5

Sen. Fernald, Dist. 11 Rep. Bickford, Straf. 1

Sen. Roberge, Dist. 9 Rep. Gile, Merr. 16

Rep. Furman, Hills. 34

Senator Gordon moved adoption.

April 26, 2002

2002-3680-CofC

08/03

Committee of Conference Report on HB 617, an act relative to additional exceptions to junk yard regulation.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend RSA 236:111-a, III (c) as inserted by section 2 of the bill by replacing it with the following:

(c) Any combination of antique motor vehicles or parts of antique motor vehicles that are not stored inside a permanent structure shall otherwise comply with the requirements of this section and shall not exceed a total amount of 5 vehicles. For purposes of this section, the sum of the parts of antique motor vehicles that equal in bulk to one antique motor vehicle shall be counted as one antique motor vehicle; and

The signatures below attest to the authenticity of this Report on, an act

Sen. Roberge, Dist. 9 Rep. Twombly, Straf. 16

Sen. Barnes, Dist. 17 Rep. Brundige, Hills. 18

Sen. Disnard, Dist. 8 Rep. Dumaine, Rock. 29

Rep. M. Cooney, Graf. 7

Senator Roberge moved adoption.

April 29, 2002

2002-3703-CofC

09/01

Committee of Conference Report on HB 673, an act relative to a net asset qualification for the elderly property tax exemption for married persons.

Recommendation:

having considered the same, report the committee is unable to reach agreement.

The signatures below attest to the authenticity of this Report on, an act

Sen. Gatsas, Dist. 16 Rep. Brundige, Hills. 18

Sen. D’Allesandro, Dist. 20 Rep. Fairbanks, Ches. 18

Sen. Barnes, Dist. 17 Rep. Griffin, Rock. 27

Rep. M. Fraser, Merr. 21

Senator Gatsas moved adoption.

April 26, 2002

2002-3677-CofC

05/10

Committee of Conference Report on HB 712-FN, an act relative to the coordination of state, regional, and local planning efforts.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by replacing section 3 with the following:

3 State Development Plan; Consultation with Local and Regional Planning Commissions Required. Amend RSA 4-C:2, II to read as follows:

II. In preparing the state development plan, the office of state planning shall consult with the chief executive officers of the various departments and agencies of state government [with responsibilities which are relevant to economic development]. The office [may] shall also consult with officials of regional planning commissions and regional and local planning and development agencies [and representatives of business and industry], local officials, representatives of the business and environmental community, and the general public.

Amend the bill by replacing section 5 with the following:

5 New Paragraph; State Development Plan; Office of State Planning; Duty Added. Amend RSA 9-A:4 by inserting after paragraph III the following new paragraph:

IV. Coordinate and monitor the planning efforts of the regional planning commissions.

Amend the bill by replacing section 10 with the following:

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

The signatures below attest to the authenticity of this Report on HB 712-FN, an act relative to the coordination of state, regional, and local planning efforts.

Sen. Roberge, Dist. 9 Rep. Brundige, Hills. 18

Sen. Francoeur, Dist. 14 Rep. Twombly, Straf. 16

Sen. O’Neil, Dist. 18 Rep. Lockwood, Merr. 9

Rep. N. Johnson, Straf. 5

Senator Roberge moved adoption.

April 30, 2002

2002-3732-CofC

05/01

Committee of Conference Report on HB 1106, an act repealing the water pollution control revolving loan fund advisory committee, the local government advisory committee, the New Hampshire industrial heritage commission, and the environmental research advisory committee.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Sen. Eaton, Dist. 10 Rep. Goulet, Hills. 15

Sen. Klemm, Dist. 22 Rep. Horton, Coos 3

Sen. Cohen, Dist. 24 Rep. Nordgren, Graf. 10

Rep. Whalley, Merr. 5

Senator Eaton moved adoption.

April 29, 2002

2002-3698-CofC

03/01

Committee of Conference Report on HB 1134, an act relative to lighting requirements for motor vehicles and trailers.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 1134, an act relative to lighting requirements for motor vehicles and trailers.

Sen. Flanders, Dist. 7 Rep. Packard, Rock. 29

Sen. Gatsas, Dist. 16 Rep. Letourneau, Rock. 13

Sen. Hollingworth, Dist. 23 Rep. P. Cote, Hills. 32

Rep. Wheeler, Hills 7

Senator Flanders moved adoption.

April 30, 2002

2002-3742-CofC

03/10

Committee of Conference Report on HB 1235, an act relative to operation of motorized vessels and safe boater education.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by replacing all after section 12 with the following:

13 New Subparagraph; General Rules for Vessels Operating on Water; Headway Speed; Exception Added. Amend RSA 270-D:2, VI by inserting after subparagraph (c) the following new subparagraph:

(d) The requirements of RSA 270-D:2, VI(a)(3) shall not apply to a vessel 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.

14 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) On water bodies over 10,000 acres, means a volume of water 25 feet long, 8 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.

(b) On water bodies of 10,000 acres or less, a volume of water 20 feet long, 6 feet side, and 3 feet deep as measured at normal high water mark and located adjacent to a structure to which a watercraft may be secured.

IX. "Structure" means, notwithstanding any other provision of law, something installed, erected, or constructed, but shall not include a bench, landing with dimensions no larger than 10 feet wide by 10 feet long, or stairs with a width not exceeding 6 feet, provided that such benches, landings, or stairs are installed, erected, or constructed without regrading or recontouring f the shoreline and are not over water. Structures include, but are not limited to, the following: fence, dock, breakwater, post, pile, building, bridge, culvert, and wall.

15 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, provided that a notification is sent to the department that includes the name and address of the owner of the property, the municipality, the waterbody, and tax map and lot number on which the proposed dock will be located. 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.

16 Fill and Dredge of Wetlands; Dwellings Over Water; Existing Dwellings. Amend RSA 82-: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.

17 Fill and Dredge in Wetlands; Notification for Certain Minimum Impact Projects; Rulemaking Authority for Activities not Requiring a Permit. Amend RSA 482-A:11, VI to read as follows:

VI. The commissioner [may] shall adopt rules pursuant to RSA 541-A establishing an expedited application and permitting process or permit by notification process for certain minimum [and minor] impact projects. The provisions of RSA 482-A:3, I and paragraph III of this section shall apply.

18 Administrative Provisions; Permit by Notification. Amend RSA 482-A:11, III to read as follows:

III.(a) Upon written notification to the department by a municipal conservation commission that it intends to investigate any notice received by it pursuant to RSA 482-A:3, the department shall suspend action upon such notice and shall not make its decision on the notice of a minor or minimum impact project nor hold a hearing on it if a major project until it has received and acknowledged receipt of a written report from such commission, or until 40 days from the date of filing with the municipal clerk of such notice, whichever occurs earlier, subject to an extension as permitted by the department. In connection with any local investigation, a conservation commission may hold a public informational meeting or a public hearing, the record of which shall be made a part of the record of the department. If a conservation commission makes a recommendation to the department in its report, the department shall specifically consider such recommendation and shall make written findings with respect to each issue raised in such report which is contrary to the decision of the department. If notification by a local conservation commission pursuant to this paragraph is not received by the department within 14 days following the date the notice is filed with the municipal clerk, the department shall not suspend its normal action, but shall proceed as if no notification has been made.

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

The signatures below attest to the authenticity of this Report on HB 1235, an act relative to operation of motorized vessels and safe boater education.

Sen. Larsen, Dist. 15 Rep. Royce, Ches. 9

Sen. Francoeur, Dist. 14 Rep. V. Clark, Rock. 17

Sen. Gatsas, Dist. 16 Rep. Spang, Straf. 8

Rep. Gallus, Coos 7

2002-3742-CofC

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.

XI. Establishes an exception to the headway speed requirement for portions of the Androscoggin and Magalloway Rivers.

XII. Requires the commissioner of environmental services to adopt rules relative to fill and dredge in wetlands which establish an expedited application and permitting process and which identify fill and dredge activities which RSA 482-A exempts from the permitting requirements.

Senator Francoeur moved adoption.

Senator Pignatelli is in opposition the Committee of Conference Report on HB 1235.

April 30, 2002

2002-3736-CofC

09/01

Committee of Conference Report on HB 1270-FN, an act making technical corrections due to the repeal of the legacies and succession tax.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by replacing all after section 14 with the following:

15 Intent of Sections 16-17. The intent of sections 16 and 17 of this act is to conform RSA 78-A, relative to the tax on meals and rooms, with the legislative intent that gratuities that are properly paid to service personnel shall not be subject to the meals and rooms tax.

16 Meals and Rooms Tax; Definition of Gratuity. Amend RSA 78-A:3, XII to read as follows:

XII. "Gratuity" means a [voluntarily given] gift of money in return for a service.

17 Meals and Rooms Tax; Exceptions to Tax. RSA 78-A:6-a is repealed and reenacted to read as follows:

78-A:6-a Exception to Tax.

I. Advance deposits which are forfeited by a prospective occupant shall not be taxed under this chapter. However, if such advance deposit is a payment in full for a room rent, including tax, and is retained by the operator, the operator shall remit that portion of the payment which represents the meals and rooms tax to the state.

II. Gratuity charges added to the charge for a taxable meal or taxable room shall not be taxed under this chapter if:

(a) The gratuity is not used by the operator as a supplement to or in lieu of wages, or as a pool from which bonuses are paid to managerial personnel;

(b) The gratuity is paid to the service personnel providing the service for which the gratuity is charged;

(c) The purchaser or occupant’s contract or receipt separately states the amount of the gratuity charged;

(d) The gratuity is usual and customary; and

(e) The payroll or other business records of the operator substantiate the distribution of the gratuity to the service employees as a payment that does not supplement wages or is not in lieu of wages.

III. Gratuity charges arranged by written contract between operators and motorcoach service providers or other businesses making group purchases on behalf of purchasers or occupants shall not be taxed under this chapter if:

(a) The requirements of RSA 78-A:6-a, II(a), (b), (c), and (e) are met; and

(b) The amount of the gratuity was determined based on the usual and customary practice of the industry.

IV. The amount of any gratuity charge excepted from tax by RSA 78-A:6-a, II or III shall be limited to that amount actually received by the service personnel providing the service for which such gratuity is charged.

V. Any auxiliary charges, not including gratuity charges, such as, but not limited to, service charges, house charges, management fees, or housekeeping charges, added to the charge for a taxable meal or taxable room, shall not be taxed under this chapter if:

(a) The taxable meal or taxable room rental may be purchased without such auxiliary charges at the option of the purchaser or occupant; and

(b) The amount of the auxiliary charge is separately stated on the contract or receipt.

VI. The portion of a single aggregate charge allocated to items which are not customarily associated with the purchase of a taxable room or taxable meal, including but not limited to ski lift tickets, boat ride fees, amusement park admission tickets, theater tickets or other similarly packaged items shall not be taxable if the packaged item or service is not part of the operator’s standard room rental or meal and the allocated cost of the package item or service is equal to the amount paid to an outside vendor or the allocated cost of the package item or service is the amount over and above the amount which a consumer would be ordinarily charged for the room rental and/or meal had the consumer purchased the room or meal without the packaged item or service; and

(a) The allocated cost of the package for gratuities meets the requirements of RSA 78-A:6-a, II(a), (b), (d), and (e); and

(b) The operator’s business records provide the documentation necessary for the department to determine the allocation of costs and the proper application of the tax.

18 Department of Revenue Administration; Appeal for Redetermination or Reconsideration; Procedure. Amend RSA 21-J:28-b, IV to read as follows:

IV. Within 30 days of the notice of decision, the taxpayer may appeal such decision by written application to the board of tax and land appeals or the superior court, in the county in which the taxpayer resides or has a place of business or resident agent. The board of tax and land appeals or the superior court, as the case may be, shall [determine de novo the correctness of the commissioner's actions.] hear the appeal de novo. Each party may introduce whatever evidence it believes necessary, limited only by the evidentiary rules of the forum. Legal issues shall be limited to those raised before the commissioner, with the exception that the taxpayer may raise additional legal claims addressing constitutional issues, and either party may raise additional legal claims upon a showing of good cause.

19 Effective Date.

I. Sections 15-18 of this act shall take effect May 1, 2002.

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

The signatures below attest to the authenticity of this Report on HB 1270-FN, an act making technical corrections due to the repeal of the legacies and succession tax.

Sen. Boyce, Dist. 4 Rep. Hess, Merr. 11

Sen. Klemm, Dist. 22 Rep. Royce, Ches. 9

Sen. D’Allesandro, Dist. 20 Rep. Major, Rock. 16

Rep. Almy, Graf. 14

Senator Boyce moved adoption.

April 30, 2002

2002-3729-CofC

04/01

Committee of Conference Report on HB 1273-FN, an act 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.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by inserting after section 23 the following and renumbering the original sections 24-25 to read as 28-29, respectively:

24 Department of Fish and Game; Position Established. There is established within the department of fish and game, division of law enforcement, the position of contract administrator who shall coordinate contracts with state, county, and local law enforcement agencies as specified in RSA 215-A:23, VIII (f). The contract administrator shall submit an annual report to the chairpersons of the resources, recreation and development and the fish and game committees of the house of representatives, and the chairperson of the wildlife and recreation committee of the senate.

25 New Paragraphs; Off Highway Recreational Vehicles; Definitions Added. Amend RSA 215-A:1 by inserting after paragraph XVII the following new paragraphs:

XVIII. "Youth model snowmobile" means a snow traveling vehicle that is equipped with an internal combustion engine with a maximum piston displacement of 125 cubic centimeters.

XIX. "Youth model all terrain vehicle" means an all terrain vehicle that is equipped with an internal combustion engine with a maximum piston displacement of 95 cubic centimeters.

26 New Paragraph; Off Highway Recreational Vehicles; Registration Exemption Added. Amend RSA 215-A:21 by inserting after paragraph II-a the following new paragraph:

II-b. Notwithstanding RSA 215-A:21, II, no registration shall be required for a youth model all terrain vehicle when the operator is under 12 years of age and accompanied by a person 18 years of age or older who holds a valid license to operate an OHRV.

27 New Paragraph; Off Highway Recreational Vehicles; Registration Exemption Added. Amend RSA 215-A:21 by inserting after paragraph IV-c the following new paragraph:

IV-d. Notwithstanding RSA 215-A:21, IV, no registration shall be required for a youth model snowmobile when the operator is under 12 years of age and accompanied by a person 18 years of age or older who holds a valid license to operate an OHRV.

The signatures below attest to the authenticity of this Report on, an act

Sen. Disnard, Dist. 8 Rep. Royce, Ches. 9

Sen. Flanders, Dist. 7 Rep. Major, Rock. 16

Sen. Gatsas, Dist. 16 Rep. Odell, Sull. 5

Rep. McGuire, Rock. 26

Senator Disnard moved adoption.

April 29, 2002

2002-3691-CofC

06/01

Committee of Conference Report on HB 1298, an act relative to signage for the sponsor-a-highway program and naming that portion of the New Hampshire hospital campus which has been converted to offices for state agencies and others, the Hugh Gallen State Office complex.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 Hugh Gallen State Office Complex. The portion of the New Hampshire state hospital campus which has been converted to offices for state agencies and others, located on Pleasant Street in the city of Concord and currently known as the "state office park south," is hereby named the Hugh Gallen State Office Complex in honor of former governor Hugh Gallen.

2 Signage. The state shall erect a suitable marker and signage at the site specified in section 1 of this act. The design, construction, and installation of any signage or other markers required under this act shall be approved by the department of transportation.

3 Sponsor-a-Highway Program. The subdivision heading preceding RSA 230:83 is repealed and reenacted to read as follows:

Sponsor-a-Highway Program

4 Sponsor-a-Highway Signage. RSA 230:83 is repealed and reenacted to read as follows:

230:83 Commissioner of Transportation to Establish Program; Rulemaking. In addition to the powers and duties of the commissioner of transportation under this title, the commissioner:

I. Shall establish a sponsor-a-highway program by directly involving citizens, groups, associations, and the business community in the beautification of the state’s highways.

II. May recognize a citizen, group, association, or business that sponsors a section of highway by erecting a suitable recognition sign meeting the following criteria:

(a) The sign may consist of one or more panels, and shall be set in a location determined by the department to constitute no unreasonable safety risk to the public.

(b) The size, materials, method of installation, text, font, and color of the sign shall meet minimum standards of the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administrator as the National Standard in accordance with Title 23 U.S. Code, Sections 109(d), 114(a), 227, 315, and 402(a), and 23 CFR 655, 49 CFR 1.48(b)(8), 1.48(b)(33), and 1.48(c)(2), as the same may be amended from time to time, provided that no sign may exceed 20 square feet in size.

(c) The citizen, group, association, or business shall be identified in a single section or panel constituting no more than ½ of the total area of the recognition sign.

III. Shall adopt rules under RSA 541-A to implement the provisions of this subdivision, which rules shall permit:

(a) Any section of a recognition sign not in compliance with this section to remain in place only until existing written agreements with the sponsor have expired; and

(b) Any section of a recognition sign that describes the former adopt-a-highway program to remain until the sign has served its useful life.

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

The signatures below attest to the authenticity of this Report on HB 1298, an act relative to signage for the sponsor-a-highway program and naming that portion of the New Hampshire hospital campus which has been converted to offices for state agencies and others, the Hugh Gallen State Office complex

Sen. Eaton, Dist. 10 Rep. Morse, Rock. 28

Sen. Flanders, Dist. 7 Rep. Graham, Hills. 15

Sen. O’Neil, Dist. 18 Rep. Calawa, Hills. 17

Rep. C. Bouchard, Merr. 22

2002-3691CofC

AMENDED ANALYSIS

This bill establishes certain requirements for signs related to the sponsor-a-highway program and names a portion of the New Hampshire state hospital campus on Pleasant Street in the city of Concord, currently known as "state office park south," the Hugh Gallen Office Complex in honor of former governor, Hugh Gallen.

Senator Eaton moved adoption.

April 29, 2002

2002-3712-CofC

01/09

Committee of Conference Report on HB 1311, an act relative to certain mental health records and establishing a committee to study the protection of certain medical information.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend RSA 135-C:33, II as inserted by section 2 of the bill by replacing it with the following:

II. The petition, police record, transport request, and medical record established as a result of the involuntary emergency admission shall remain with the accepting agency and shall only be released upon informed written consent of the individual.

The signatures below attest to the authenticity of this Report on, an act

Sen. Roberge, Dist. 9 Rep. Mock, Carr. 3

Sen. Fernald, Dist. 11 Rep. L. Jean, Hills. 17

Sen. Prescott, Dist. 19 Rep. Wall, Straf. 9

Rep. Dudley, Graf. 14

Senator Roberge moved adoption.

April 26, 2002

2002-3676-CofC

06/04

Committee of Conference Report on HB 1344-LOCAL, an act establishing a village plan alternative subdivision in zoning and land use planning laws.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 1344-LOCAL, an act establishing a village plan alternative subdivision in zoning and land use planning laws.

Sen. Francoeur, Dist. 14 Rep. Brundige, Hills. 18

Sen. Roberge, Dist. 9 Rep. Lockwood, Merr. 19

Sen. O’Neil, Dist. 18 Rep. Twombly, Straf. 16

Rep. N. Johnson, Straf. 5

Senator Francoeur moved adoption.

April 29, 2002

2002-3713-CofC

08/09

Committee of Conference Report on HB 1396, an act authorizing the state veterinarian to provide wildlife disease prevention and treatment.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as passed by the House.

The signatures below attest to the authenticity of this Report on, an act

Sen. Disnard, Dist. 8 Rep. Babson, Carr. 5

Sen. Gordon, Dist. 2 Rep. Melcher, Hills. 11

Sen. Gatsas, Dist. 16 Rep. McKinney, Rock. 29

Rep. Major, Rock. 16

Senator Disnard moved adoption.

April 29, 2002

2002-3685-CofC

05/10

Committee of Conference Report on HB 1406, an act 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.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by replacing section 5 with the following:

5 Capital Appropriations; Armory Expansion and Renovations. Amend 2001, 202:1, I, A to read as follows:

A. Armory Expansion and Renovations - Statewide [$ 400,000]

1. Kitchen expansion and renovations 840,000

2. Renovation of state armories 190,000

Net state appropriation subparagraph A 400,000

The signatures below attest to the authenticity of this Report on, an act

Sen. Prescott, Dist. 19 Rep. Avery, Ches. 9

Sen. Barnes, Dist. 17 Rep. Coughlin, Hills. 12

Sen. Pignatelli, Dist. 13 Rep. E. Smith, Ches. 8

Rep. Heon, Straf. 14

Senator Prescott moved adoption.

April 26, 2002

2002-3675-CofC

01/09

Committee of Conference Report on HB 1413, an act relative to disclosure of information by hospitals.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by deleting section 2 and renumbering the original sections 3 and 4 to read as 2 and 3, respectively.

Amend the bill by replacing section 3 with the following:

3 Effective Date.

I. Section 2 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.

The signatures below attest to the authenticity of this Report on HB 1413, an act relative to disclosure of information by hospitals.

Sen. Wheeler, Dist. 21 Rep. Hunt, Ches. 10

Sen. Eaton, Dist. 10 Rep. Fraser, Merr. 9

Sen. Francoeur, Dist. 14 Rep. Taylor, Straf. 11

Rep. Batula, Hills. 18

2002-3675CofC

AMENDED ANALYSIS

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

This bill also requires dental offices to use certain disposal equipment for amalgam waste to trap and dispose of mercury.

Senator Wheeler moved adoption.

April 30, 2002

2002-3735-CofC

01/03

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

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on, an act

Sen. Klemm, Dist. 22 Rep. Rogers Johnson, Rock. 25

Sen. Barnes, Dist. 17 Rep. Kurk, Hills. 5

Sen. Hollingworth, Dist. 23 Rep. Herman, Hills. 13

Rep. Knowles, Straf. 11

Senator Barnes moved adoption.

April 29, 2002

2002-3690-CofC

04/01

Committee of Conference Report on HB 1426-FN, an act relative to the availability of information on the registration of certain sexual offenders.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

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

(b) Local law enforcement agencies may photograph any individual who is required to be registered pursuant to this chapter. The consent of the registrant shall not be necessary. Such photographs may be used in the performance of any valid law enforcement function, and posted on the local law enforcement agency’s official public Internet access site.

The signatures below attest to the authenticity of this Report on-FN, an act

Sen. Prescott, Dist. 19 Rep. Knowles, Straf. 11

Sen. Roberge, Dist. 9 Rep. Kurk, Hills. 5

Sen. Pignatelli, Dist. 13 Rep. Nedeau, Belk. 1

Rep. Stevens, Carr. 7

Senator Prescott moved adoption.

Senator Wheeler is in opposition of the Committee of Conference Report on HB 1426.

Senator Barnes moved to discharge the members and form a new Committee of Conference.

Senator Barnes moved that the Rules of the Senate be so far suspended as to allow the formation of a new Committee of Conference after the deadlines for formation and sign off has passed on HB 1426, relative to the availability of information on the registration of certain sexual offenders.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

April 30, 2002

2002-3717-CofC

05/01

Committee of Conference Report on HB 1429, an act relative to the scope of the consumer protection act.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

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

I. Trade or commerce that is subject to the jurisdiction of the bank commissioner, the director of securities regulation, the insurance commissioner, the public utilities commission, the financial institutions and insurance regulators of other states, or federal banking or securities regulators who possess the authority to regulate unfair or deceptive trade practices.

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

VI. The attorney general shall nominate, 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 Director of Administration; Salary of Position. The unclassified position of director of administration for the office of attorney general, authorized in RSA 21-M:3, VI as inserted by section 3 of this act, shall be submitted to the commissioner of administrative services for evaluation by the consulting group on compensation of state officers, contracted pursuant to RSA 21-I:13, XIII, for determination of the salary for the position of director of administration, subject to the approval of the fiscal committee.

5 Effective Date.

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

II. Section 3 of this act shall take effect 90 days after its passage.

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

The signatures below attest to the authenticity of this Report on HB 1429, an act relative to the scope of the consumer protection act.

Sen. Prescott, Dist. 19 Rep. Hunt, Ches. 10

Sen. Flanders, Dist. 7 Rep. L. Fraser, Merr. 9

Sen. D’Allesandro, Dist. 20 Rep. Batchelder, Ches. 2

Rep. Dyer, Hills. 21

Senator Flanders moved adoption.

April 29, 2002

2002-3686-CofC

03/01

Committee of Conference Report on HB 1433, an act prohibiting intoxication and constructive possession of alcohol by minors.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend the bill by replacing section 1 with the following:

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

179:10 Unlawful Possession and Intoxication.

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, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $250. Any second and subsequent offense shall be fined at least $500. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. 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. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, 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.

The signatures below attest to the authenticity of this Report on HB 1433, an act prohibiting intoxication and constructive possession of alcohol by minors.

Sen. Gordon, Dist. 2 Rep. Tholl, Coos 5

Sen. Pignatelli, Dist. 13 Rep. Stevens, Carr. 7

Sen. Prescott, Dist. 19 Rep. Nedeau, Belk. 1

Rep. Knowles, Straf. 11

2002-3686-CofC

AMENDED ANALYSIS

This bill establishes that a person under the age of 21 is guilty of a violation if he or she is intoxicated by consumption of an alcoholic beverage.

Senator Gordon moved adoption.

April 30, 2002

2002-3743-CofC

03/09

Committee of Conference Report on HB 1436-FN, an act relative to requiring treatment for persons convicted of DWI offenses.

Recommendation:

having considered the same, report the committee is unable to reach agreement.

The signatures below attest to the authenticity of this Report on, an act

Sen. Barnes, Dist. 17 Rep. Tholl, Coos 5

Sen. Pignatelli, Dist. 13 Rep. Almy, Graf. 14

Sen. Gordon, Dist. 2 Rep. Stevens, Carr. 7

Rep. Knowles, Straf. 11

Senator Barnes moved adoption.

April 29,2002

2002-3695-CofC

01/04

Committee of Conference Report on HB 1478-FN-A, an act relative to public health emergency preparation and response.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 Statement of Purpose. Following the terrorist mass murders of September 11, 2001 and in the aftermath of the anthrax bioterrorism attacks, it is hereby recognized that additional steps must be taken to assure homeland security. The United States Government has recognized that homeland security is dependent on state and local emergency response and public health entities and the critical role they fulfill in responding to natural and man-made disasters, bioterrorist attacks, and infectious disease outbreaks. As evidenced in the wake of the 2001 terrorist mass murders, comprehensive and coordinated statewide emergency response systems are crucial to New Hampshire’s security. New Hampshire’s constitution establishes the roles that the governor, legislature and other state officials and agencies have in assuring the health, safety, and well-being of the citizens of New Hampshire. It is therefore the purpose of this act to:

Amend the introductory paragraph of RSA 107-C:17 as inserted by section 3 of the bill by replacing it with the following:

107-C:17 Public Health Powers and Duties. During the existence of a state of emergency under this chapter, the commissioner of health and human services shall have the following powers and duties which are in addition to those set forth in RSA 141-C; provided, that such powers and duties shall be limited to the specific nature of the emergency, its geographic limits, and the conditions that brought it about, as specified in the declaration of the state of emergency:

Amend RSA 107-C:17, VI as inserted by section 3 of the bill by replacing it with the following:

VI. Any order compelling an investigation, physical examination, the provision of specimens, medical treatment or care, or immunization, and any other order of the commissioner under this chapter, shall be subject to the due process requirements of RSA 141-C:14-a.

VII. The department of health and human services shall acquire and retain only the minimum amount of information, specimens, and samples relating to individuals necessary to carry out its obligations under this section. Any genetic testing of specimens and samples shall be limited to the viruses, bacteria, fungi, or other micro-organisms therein.

Amend section 10 of the bill by replacing it with the following:

10 New Paragraphs; Rulemaking Added. Amend RSA 141-C:6 by inserting after paragraph XVIII the following new paragraphs:

XIX. Identifying microbial isolates of reportable diseases and patient specimens to be retained or forwarded to the public health laboratories.

XX. Establishing a registry of biological agents present in New Hampshire.

XXI. Procedures relating to information, specimens, and samples as required under RSA 141-C:10, IV.

Amend RSA 141-C:10 as inserted by section 13 of the bill by inserting after paragraph III the following new paragraph:

IV. The department shall acquire and retain only the minimum amount of information, specimens, and samples relating to individuals necessary to carry out its obligations under this chapter. The department shall adopt rules, pursuant to RSA 541-A, relative to the types of information, specimens, and samples to be acquired and the length of time such information, specimens, and samples shall be retained before being destroyed. Any genetic testing of specimens and samples shall be limited to the viruses, bacteria, fungi, or other micro-organisms therein.

Amend RSA 141-C:14-a as inserted by section 16 of the bill by replacing it with the following:

141-C:14-a Due Process.

I. Any person subject to an order to submit a specimen under RSA 141-C or for examination, immunization, treatment, isolation, or quarantine, or any other order of the commissioner under this chapter may request a hearing in the superior court to contest such order. The commissioner shall provide, or cause to be provided, to the person both oral and written notice of the right to contest the order and the form for making the request, which form shall require no more than the person’s name, address, and signature and the time and date of the signature.

II. Submission of the completed form to the law enforcement officer or other individual serving the order shall be considered a filing with the superior court and such officer or other individual shall promptly deliver the form to the superior court.

III. The superior court shall schedule a hearing and render a decision upon the request within 48 hours of the time the request was made. If the court determines that exigencies related to protection of the health of the public preclude a hearing and decision within the 48-hour period, the hearing and decision may take place within a suitable time as determined by the court, but in no event later than 120 hours after the time the request was made.

IV. No examination, specimen, immunization, treatment, or other action shall be required against the will of a person who has filed a request for a hearing. A person may be held in isolation or quarantine pending the outcome of the court hearing, but may no longer be held if the court fails to render its decision within the time period required under paragraph III.

V. At the hearing the burden of proof shall be on the commissioner to prove by clear and convincing evidence that the person poses a threat to public health and the order issued by the commissioner is thereby warranted to alleviate such threat.

VI. All orders issued under this chapter shall be in writing and a copy shall be provided to the person subject to the order at the time it is served. Every person who contests an order of the commissioner under this chapter shall be given a copy of the executed form contesting such order.

VII. Nothing in this chapter shall be construed to require the medical examination, medical treatment, or immunization of a person who objects, and no criminal penalties shall be imposed as a result. Notwithstanding this paragraph, such a person may be subject to isolation or quarantine for the minimum period necessary to protect the public health, as determined by the court in its decision following the hearing pursuant to this section.

Amend the bill by replacing section 20 with the following:

20 Isolation and Quarantine. Amend RSA 141-C:11, I to read as follows:

I. Whenever it is necessary to prevent the introduction or spread of communicable diseases within this state or from another state, or to restrict such diseases if introduced, and when such communicable diseases pose a substantial threat to the health and life of the citizenry, the commissioner shall establish isolation or quarantine for persons who are cases or carriers, or suspected cases or carriers of communicable diseases, and establish quarantine for commodities, conveyances, baggage and cargo that are carriers or suspected carriers of the communicable diseases by written order prepared in accordance with RSA 141-C:12. Such isolation or quarantine shall be by the least restrictive means necessary to protect the citizenry which, in the case of an individual, shall be at a place of his or her choosing unless the commissioner determines such place to be impractical or unlikely to adequately protect the public health. The commissioner shall adopt such rules regarding the establishment, maintenance and lifting of isolation and quarantine as he may deem best for protecting the health of the public.

21 Repeals. The following are repealed:

I. RSA 107-C:17, relative to public health powers and duties.

II. RSA 107-C:18, relative to safe disposal of corpses.

22 Effective Date.

I. Section 21 of this act shall take effect July 1, 2004

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

The signatures below attest to the authenticity of this Report on HB 1478-FN-A, an act

Sen. Gordon, Dist. 2 Rep. Batula, Hills. 18

Sen. Fernald, Dist. 11 Rep. MacKay, Merr. 24

Sen. Roberge, Dist. 9 Rep. Herman, Hills. 13

Rep. S. Harris, Sull. 9

Senator Gordon moved adoption.

April 29, 2002

2002-3708-CofC

01/09

Committee of Conference Report on HB 2000, an act 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.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by inserting after section 6 the following and renumbering the original section 7 to read as 8:

7 Intent. The general court fully concurs with the projects included in the 10-year transportation program, including any projects relating to the Troy Village bypass.

The signatures below attest to the authenticity of this Report on HB 2000, an act 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.

Sen. Klemm, Dist. 22 Rep. E. Smith, Ches. 6

Sen. Eaton, Dist. 10 Rep. Calawa, Hills. 17

Sen. O’Neil, Dist. 18 Rep. Morse, Rock. 28

Rep. Cloutier, Sull. 8

Senator Eaton moved adoption.

April 29, 2002

2002-3689-CofC

01/09

Committee of Conference Report on HCR 28, an act urging increased federal funding for quality breast cancer research.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

That the general court of New Hampshire urges President Bush to join in NBCC’s mission to "Make Breast Cancer History" by:

Increasing federal funding for quality peer-reviewed breast cancer research; and

Guaranteeing access to quality breast cancer early detection and treatment for all women; and Increasing awareness about male breast cancer and guaranteeing access to quality diagnosis and treatment for all men; and

Enhancing the involvement and influence of trained breast cancer consumer advocates in all aspects of breast cancer policy and research; and

That copies of this resolution, signed by the president of the senate and the speaker of the house be forwarded by the house clerk to the President of the United States.

The signatures below attest to the authenticity of this Report on HCR 28, an act urging increased federal funding for quality breast cancer research.

Sen. Wheeler, Dist. 21 Rep. Avery, Ches. 8

Sen. O’Hearn, Dist. 12 Rep. Coughlin, Hills. 12

Sen. Roberge, Dist. 9 Rep. La Flamme, Hills. 35

Rep. Heon, Straf. 14

Senator Wheeler moved adoption.

April 29, 2002

2002-3688-CofC

09/01

Committee of Conference Report on HB 439-FN-A, an act establishing a position of septage coordinator and making an appropriation therefor.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on HB 439-FN-A, an act

Sen. Johnson, Dist. 3 Rep. Brundige, Hills. 18

Sen. Prescott, Dist. 19 Rep. M. Cooney, Graf. 7

Sen. Cohen, Dist. 24 Rep. Stone, Rock. 7

Rep. Patten, Carr. 9

2002-3710-CofC

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.

VII. Establishes a study committee to assess issues related to shorthand court reporting.

VIII. Postpones to July 1, 2003 the effective date of amendments to RSA 331-B, relative to shorthand court reporting, contained in HB 706.

Senator Johnson moved adoption.

April 30, 2002

2002-3739-CofC

01/09

Committee of Conference Report on SB 161-FN-A, an act relative to treatment for individuals with disabilities and making an appropriation therefor.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend the bill by replacing section 1 with the following:

1 Secure Facility Required; Approvals Required.

I. The department of health and human services may construct an architecturally-secure facility with a maximum of 12 beds in Laconia for treatment of individuals with significant intellectual limitations as well as affective or thought disorders, severe emotional disturbances, and significant functional limitations who engage in behavior that potentially endangers their community.

II. The funds appropriated in 2001, 202:1, IX, E as amended by section 2 of this act shall not be spent, obligated, or encumbered until the department has developed an implementation plan for the 12-bed facility and received the approval of such plan from the capital budget overview committee.

III. The funds appropriated in 2001, 202:1, IX, E as amended by section 2 of this act, other than those for the design of the facility, shall not be spent, obligated, or encumbered until the department obtains reasonable assurance from the Centers for Medicare and Medicaid Services for participation of this program in the state medicaid program, in the facility constructed under the authority of paragraph I. The department shall provide such assurance to the capital budget overview committee.

IV. The security components of the facility design and implementation plan shall be developed in consultation with a committee of 3 individuals from Laconia selected by the city council.

The signatures below attest to the authenticity of this Report on SB 161-FN-A, an act relative to treatment for individuals with disabilities and making an appropriation therefor.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Wheeler, Dist. 21 Rep. Kurk, Hills. 5

Sen. O’Hearn, Dist. 12 Rep. Batula, Hills. 18

Sen. Gordon, Dist. 2 Rep. Mackay, Merr. 24

Rep. Sokol, Graf. 10

Senator Wheeler moved adoption.

April 26, 2002

2002-3678-CofC

08/04

Committee of Conference Report on SB 300, an act relative to the calculation of the 3/5 majority in certain votes under official ballot voting procedures.

Recommendation:

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Roberge, Dist. 9 Rep. Patten, Carr. 9

Sen. Boyce, Dist. 4 Rep. Brundige, Hills. 18

Sen. Disnard, Dist. 8 Rep. Sova, Graf. 11

Rep. M. Cooney, Graf. 7

Senator Roberge moved adoption.

April 30, 2002

2002-3716-CofC

05/01

Committee of Conference Report on SB 301, an act relative to an innovation initiative within the division of economic development.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend the bill by replacing section 1 with the following:

1 Findings. The general court finds that:

I. In October 1998, the United States Congress enacted Public Law 105-277, the Internet Tax Freedom Act, which imposed a 3-year moratorium on certain Internet-related taxes. In November 2001, the United States Congress enacted Public Law 107-75, extending that moratorium through November 1, 2003.

II. Social, educational, and economic benefits result from creating and expanding access to the Internet and computer on-line services.

III. New Hampshire is committed to studying and encouraging through its public policy electronic commerce and the development, growth, and deployment of high-speed Internet access to its citizens and businesses.

IV. Technology-based innovations are critical to the growth and economic development of the state. Rapidly developing technological innovation and deployment will be encouraged by a state public policy restraining government intervention.

V. The exercise of the taxing powers of the state of New Hampshire in relation to emerging Internet and computer on-line services could impede the future accessibility, viability, and enhancement of such services in New Hampshire.

Amend RSA 12-M:2, I as inserted by section 3 of the bill by replacing it with the following:

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

(a) Four members of the house of representatives, at least one of whom shall be a member of the committee having jurisdiction over the telecommunications matters, appointed by the speaker of the house of representatives.

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

(c) The commissioner of the department of revenue administration, or designee.

(d) The commissioner of the department of resources and economic development, or designee.

(e) One member representing the New Hampshire Municipal Association, appointed by that organization.

(f) Three public members, one representing the cable television industry, one representing the telephone industry, and one economist, appointed by the governor.

Amend RSA 12-M:2, III as inserted by section 3 of the bill by replacing it with the following:

III. Legislative members of the commission shall serve a term which is coterminous with their elected office.

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

V. Assessing state policy options to encourage rapidly developing technological innovation and deployment, including the imposition of New Hampshire’s communications services tax on Internet access given the enactment of the federal Internet Tax Freedom Act, Public Law 105-277, and the extension of the Internet tax moratorium imposed pursuant to Public Law 107-75, and related tax policies.

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

4 Repeal. RSA 12-M, relative to the New Hampshire e-commerce advisory commission, is repealed.

5 Effective Date.

I. Section 4 of this act shall take effect December 31, 2003.

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

The signatures below attest to the authenticity of this Report on SB 301, an act relative to an innovation initiative within the division of economic development.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Below, Dist. 5 Rep. Major, Rock. 16

Sen. Eaton, Dist. 10 Rep. Alukonis, Hills. 23

Sen. Gatsas, Dist. 16 Rep. Thomas, Belk. 3

Rep. Norelli, Rock. 31

Senator Below moved adoption.

April 30, 2002

2002-3730-CofC

08/04

Committee of Conference Report on SB 318, an act relative to transfers of funds from the sweepstakes fund for sweepstakes purposes.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend the bill by replacing section 1 with the following:

1 Sweepstakes Fund. Amend RSA 284:21-j to read as follows:

284:21-j Establishment.

I. The state treasurer shall credit all moneys received from the sweepstakes commission, and interest received on such moneys, to a special fund from which the treasurer shall pay all expenses of the commission incident to the administration of this subdivision and RSA 287-E. Any balance left in such fund after such expenses are paid shall be deposited in the education trust fund established under RSA 198:39.

The signatures below attest to the authenticity of this Report on SB 318, an act relative to transfers of funds from the sweepstakes fund for sweepstakes purposes.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Eaton, Dist. 10 Rep. Hess, Merr. 11

Sen. Gatsas, Dist. 16 Rep. Major, Rock. 16

Sen. D’Allesandro, Dist. 20 Rep. Lasky, Hills. 33

Rep. Almy, Graf. 14

2002-3730-CofC

AMENDED ANALYSIS

This bill permits certain transfers from the sweepstakes fund to pay for expenses related to retirement and health benefits, if approved by the legislative fiscal committee and the governor and council.

Senator Eaton moved adoption.

April 29, 2002

2002-3704-CofC

03/01

Committee of Conference Report on SB 366, an act relative to biennial reports of the public utilities commission.

Recommendation:

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Prescott, Dist. 19 Rep. Alukonis, Hills. 23

Sen. Gatsas, Dist. 16 Rep. Major, Rock. 16

Sen. D’Allesandro, Dist. 20 Rep. Gabler, Graf. 8

Rep. N. Kaen, Straf. 7

Senator Prescott moved adoption.

April 29, 2002

2002-3711-CofC

10/09

Committee of Conference Report on SB 430, an act allowing towns or cities to increase the property tax credit for service-connected total disability and to add income limits for age groups in the elderly exemption.

Recommendation:

having considered the same, report the committee is unable to reach agreement.

The signatures below attest to the authenticity of this Report on SB 430, an act allowing towns or cities to increase the property tax credit for service-connected total disability and to add income limits for age groups in the elderly exemption.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Gatsas, Dist. 16 Rep. Patten, Carr. 9

Sen. Barnes, Dist. 17 Rep. Brundige, Hills. 18

Sen. D’Allesandro, Dist. 20 Rep. Sova, Graf. 11

Rep. Cooney, Graf. 7

Senator Gatsas moved adoption.

April 29, 2002

2002-3697-CofC

09/01

Committee of Conference Report on SB 442-FN, an act establishing a committee to study revising the statutes relative to the state militia and the state guard.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend the bill by replacing section 12 with the following:

12 Repeal. The following are repealed:

I. RSA 110-B:30, relative to use of armories by veterans.

II. RSA 110-B:31, relative to use of armories for public meetings.

III. RSA 110-B:32, relative to rent for use of armory.

The signatures below attest to the authenticity of this Report on SB 442-FN, an act establishing a committee to study revising the statutes relative to the state militia and the state guard.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Barnes, Dist. 17 Rep. Avery, Ches. 8

Sen. Prescott, Dist. 19 Rep. Coughlin, Hills. 12

Sen. D’Allesandro, Dist. 20 Rep. LaFlamme, Hill. 35

Rep. Heon, Straf. 14

Senator Barnes moved adoption.

The House of Representatives accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

HB 1210, relative to training to be a licensed esthetician, and relative to experience required for shop licensure of barbers, cosmetologists, or estheticians.

And the Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

REPRESENTATIVES: Peterson, Goulet, Robertson, Schulze

The House of Representatives accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

HB 1420, relative to exceptions to the prohibition on persons practicing as attorneys when not admitted to practice by the supreme court.

And the Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

REPRESENTATIVES: Jacobsen, Phyllis Woods, Loren Jean, Franklin

The House of Representatives accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

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

And the Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

REPRESENTATIVES: Knowles, Kurk, Nedeau, Stevens

Senator Francoeur moved that the Rules of the Senate be so far suspended as to allow the Committee of Conference Reports that were printed and signed after the deadline.

HB 1210, relative to training to be a licensed esthetician, and relative to experience required for shop licensure of barbers, cosmetologists, or estheticians.

HB 1420, relative to exceptions to the prohibition on persons practicing as attorneys when not admitted to practice by the supreme court.

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

May 2, 2002

2002-3763-CofC

08/09

Committee of Conference Report on HB 1210, an act relative to training to be a licensed esthetician, and relative to experience required for shop licensure of barbers, cosmetologists, or estheticians.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 Definitions. Amend RSA 313-A:1, VIII to read as follows:

VIII. "Esthetics" means:

(a) Giving facials, applying makeup, giving therapeutic skin care treatments, removing superfluous hair, or applying eyelashes to any person;

(b) Beautifying the face, neck, arms, and shoulders, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; [or]

(c) Massaging, cleansing, or stimulating the face, neck, arms, and shoulders, by means of the hands, devices; or

2 Qualifications. Amend RSA 313-A:13 to read as follows:

313-A:13 Qualifications; Estheticians. To be issued an esthetics license by the board, an applicant shall, in addition to satisfying the requirements of RSA 313-A:11, I(a), (b), and (e) have completed a course of at least 600 hours of training in a school approved by the board and have passed an examination conducted by the board. An apprenticeship approved by the board may substitute for the required training. Estheticians who have practiced professionally in this state for a period of at least 3 years prior to July 1, 1989, and who have satisfied the requirements of RSA 313-A:11, I(a), (b), and (e) and the training requirements of this section shall not be required to take the examination provided for in this section to be eligible for licensure under this chapter. Credit towards hours requirement for esthetician training may be given to a licensed cosmetologist or barber for equivalent training in the cosmetology or barber program in a school approved by the board upon certification of the training by the school. Cosmetologists licensed by the board may obtain the training hours in subjects required by the board in increments at separate schools but must present certifications to the board for all required hours and curriculum subjects.

3 Shop Licensure. Amend RSA 313-A:19, II(a) to read as follows:

(a) Any licensed barber, cosmetologist, manicurist, or esthetician who has completed one year of actual [employment] experience in a salon or barbershop shall, upon written application accompanied by the required fees, receive a license to operate a salon, barbershop, or mobile barbershop in this state, provided that the salon, barbershop, or mobile barbershop meets all requirements established in the rules of the board.

4 Shop Licensure. Amend RSA 313-A:19, IV to read as follows:

IV. In addition to licenses issued under paragraph II, the board may issue a license to an owner of a salon or barbershop who does not personally engage in cosmetology, barbering, or esthetics, provided the salon or barbershop shall fulfill all requirements set forth in the rules of the board and provided further that the owner has paid the required license fee for such salon or barbershop and employs a licensed cosmetologist, barber, manicurist, or esthetician as manager who has previously completed one year of actual [employment] experience in a licensed salon or barbershop. However, this section shall not authorize such owner to practice cosmetology, barbering, manicuring, or esthetics unless the owner has a cosmetologist, barber, or esthetician license.

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

The signatures below attest to the authenticity of this Report on HB 1210, an act relative to training to be a licensed esthetician, and relative to experience required for shop licensure of barbers, cosmetologists, or estheticians.

Sen. Eaton, Dist. 10 Rep. Peterson, Hills. 8

Sen. Flanders, Dist. 7 Rep. Goulet, Hills. 15

Sen. Larsen, Dist. 15 Rep. Robertson, Rock. 20

Rep. Schulze, Hills. 33

2002-3763-CofC

AMENDED ANALYSIS

This bill prescribes qualifications for licensing, changes the definition of esthetics, and allows an apprenticeship to substitute for training to qualify as an esthetician.

Senator Eaton moved adoption.

May 2, 2002

2002-3762-CofC

10/01

Committee of Conference Report on HB 1420, an act relative to exceptions to the prohibition on persons practicing as attorneys when not admitted to practice by the supreme court.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 1420, an act relative to exceptions to the prohibition on persons practicing as attorneys when not admitted to practice by the Supreme court.

Sen. Prescott, Dist. 19 Rep. Jacobson, Merr. 2

Sen. Francoeur, Dist. 14 Rep. P. Woods, Straf. 11

Sen. Larsen, Dist. 15 Rep. L. Jean, Hills. 17

Rep. Franklin, Sull. 4

Senator Gordon moved adoption.

May 2, 2002

2002-3761-CofC

04/09

Committee of Conference Report on HB 1426-FN, an act relative to the availability of information on the registration of certain sexual offenders.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

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

(b) Local law enforcement agencies may photograph, at the time of the registration, any individual who is required to be registered pursuant to this chapter. The consent of the registrant shall not be necessary. Such photographs may be used in the performance of any valid law enforcement function.

The signatures below attest to the authenticity of this Report on-FN, an act

Sen. Gordon, Dist. 2 Rep. Knowles, Straf. 11

Sen. Fernald, Dist. 11 Rep. Kurk, Hills. 5

Sen. Barnes, Dist. 17 Rep. Nedeau, Belk. 1

Rep. Stevens, Carr. 7

2002-3761-CofC

AMENDED ANALYSIS

This bill:

I. Allows information on the registration of certain sexual offenders to be provided to law enforcement agencies through the use of electronic mail or other electronic formats and permits local law enforcement agencies to photograph, at the time of registration, any individual required to be registered pursuant to this chapter and to use such photographs in the performance of any valid law enforcement function.

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

Senator Wheeler moved that the Rules of the Senate be so far suspended as to allow the formation of a new Committee of Conference after the deadlines for formation and sign off has passed on HB 1410, ratifying the 2001 Amherst annual town meeting, and the 2001 Pembroke town meeting.

Senator Roberge was in favor of the rules suspension on HB 1410.

HB 253, relative to mercury reductions.

HB 329, establishing a committee to study indoor air quality and fire safety in public schools.

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

HB 631, relative to access to public school programs by nonpublic or home educated pupils.

HB 660, relative to out-of-home placements in juvenile abuse and neglect cases.

HB 661, relative to hearing timelines in abuse and neglect cases.

HB 706, relative to mediation in superior court cases involving children and relative to certified shorthand reporters.

HB 1000, 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 1151, establishing a commission to examine and assess the status of civic education in New Hampshire.

HB 1175, relative to proclaiming oneself a New Hampshire native.

HB 1217, relative to payment of trust income.

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

SB 155, establishing penalties for frivolous actions against teachers and other education employees.

SB 331, changing the titles and pay grades for certain department of health and human services unclassified positions, granting authority for technical corrections to the unclassified salary structure, and increasing the number of alternates appointed to the joint legislative committee on administrative rules.

SB 334 , relative to grounds for refusal or denial of hotel accommodations.

SB 337, relative to consent orders in abuse and neglect cases.

SB 339, relative to approval of contingent fee agreements by the courts.

SB 353, relative to the definition of "sugar orchard" for purposes of the timber yield tax.

SB 358 , relative to the authority to assess administrative fines to ophthalmic dispensers.

SB 386, relative to automated external defibrillators.

SB 395 , making certain changes to the laws pertaining to special education.

SB 399 , regulating demand drafts under the New Hampshire Uniform Commercial Code.

SB 405, relative to special number plates for veterans.

SB 406, relative to animal control.

SB 408 , governing records management of abuse or neglect reports.

SB 412, relative to the licensure of dietitians.

SB 419 , relative to notification of groundwater contamination and repealing certain MTBE notification requirements for public water systems.

SB 423 , relative to fees collected by the department of safety, certificates of title, and disclosure of information for the development, maintenance, and updating of the tax policy modeling system, and making an appropriation to the governor’s office of emergency management.

SB 439, relative to the membership of the information technology management advisory board.

SB 443, relative to the division of condominiums.

SB 445, relative to a limited right to a jury trial for certain minors prior to commitment to an adult correctional facility.

Senator D'Allesandro moved adoption.

SB 456, making appropriations to the department of health and human services.

The House of Representatives has adopted the recommendation of the Committees of Conference to which were referred the following entitled Bills:

SB 161-FN, relative to treatment for individuals with disabilities and making an appropriation therefor.

SB 300, relative to the calculation of the 3/5 majority in certain votes under official ballot voting procedures.

SB 301, relative to an innovation initiative within the division of economic development.

SB 318, relative to transfers of funds from the sweepstakes fund for sweepstakes purposes.

SB 366, relative to biennial reports of the public utilities commission.

SB 430, allowing towns or cities to increase the property tax credit for service-connected total disability and to add income limits for age groups in the elderly exemption.

SB 442-FN, establishing a committee to study revising the statutes relative to the state militia and the state guard.

May 1, 2002

2002-3751-EBA

05/09

Enrolled Bill Amendment to SB 451

The Committee on Enrolled Bills to which was referred SB 451

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 renumbers RSA paragraphs inserted by section 5 of this bill to avoid duplicating the numbering of a paragraph inserted by SB 452.

Amend the bill by inserting after section 12 with the following and renumbering the original section 13 to read as 14:

13 Contingent Renumbering. If SB 452 of the 2002 legislative session becomes law, RSA 483-B:4, XVIII-(a) - XVIII-(c) as inserted by section 5 of this act shall be renumbered as RSA 483-B:4, XVIII-(b) - XVIII-(d).

Senator Pignatelli moved adoption.

May 2, 2002

2002-3760-EBA

06/10

Enrolled Bill Amendment to SB 441-FN-A

The Committee on Enrolled Bills to which was referred SB 441-FN-A

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 changes to sections 6 and 7 of the bill.

Amend paragraph II of section 6 of the bill by replacing lines 4-9 with the following:

(c) The commissioner of health and human services, or designee.

(d) The commissioner of environmental services, or designee.

(e) The attorney general, or designee.

(f) A representative from the New Hampshire Association of Chiefs of Police.

(g) A representative from the New Hampshire Sheriffs’ Association.

(h) A representative from the New Hampshire Association of Fire Chiefs.

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

7 Chairperson; Meeting. The members of the study committee shall elect a chairperson from

Senator Pignatelli moved adoption.

May 1, 2002

2002-3755-EBA

03/09

Enrolled Bill Amendment to SB 437-FN-LOCAL

The Committee on Enrolled Bills to which was referred SB 437-FN-LOCAL

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

FOR THE COMMITTEE

This enrolled bill amendment corrects amending language in section 6 of the bill.

Amend section 6 of the bill by replacing line 2 with the following:

Amend RSA 378 by inserting after section 30-c the following new section:

Senator Pignatelli moved adoption.

May 1, 2002

2002-3756-EBA

06/10

Enrolled Bill Amendment to SB 425-FN-LOCAL

The Committee on Enrolled Bills to which was referred SB 425-FN-LOCAL

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 change to the bill.

Amend RSA 198:38, XI, as inserted by section 2 of the bill by replacing line 2 with the following:

through grade 12 to and from school and other [school] pupil-related activities, less

Senator Pignatelli moved adoption.

May 1, 2002

2002-3748-EBA

05/01

Enrolled Bill Amendment to SB 403-FN

The Committee on Enrolled Bills to which was referred SB 403-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction and inserts a contingency.

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

RSA 263:42, I to read as follows:

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

5 Driver’s License Fees; Expiration; Exception. Amend RSA 263:42, I to read as follows:

I. For each [youth operator’s or] original driver’s license and examination or driver’s license renewal, other than for a commercial vehicle or motorcycle- $50; for each youth operator’s license and examination- $10; for each original commercial driver license and examination or commercial driver license renewal- $60; for each commercial driver license reexamination in a one-year period-$20; for each commercial vehicle endorsement, renewal of an endorsement or removal of a restriction- $10; for each special motorcycle original license and examination or special motorcycle license renewal- $50; for each original motorcycle endorsement- $25; for each motorcycle endorsement renewal- no charge. For each original driver’s license issued, $5 shall be credited to the driver training fund established by RSA 263:52. Except as provided in RSA 263:14, every license shall expire on the licensee’s birthdate in the fifth year following the issuance of such license. No fee collected under this paragraph shall be refunded once an examination has been taken or a license issued, except as provided in RSA 263:43.

6 Contingency. If HB 209-FN of the 2002 legislative session becomes law, then section 5 of this act shall take effect on January 1, 2003 and section 5 of HB 209-FN shall not take effect. If HB 209-FN does not become law, then section 5 of this act shall not take effect and section 5 of HB 209-FN shall take effect.

7 Effective Date.

I. Section 3 of this act shall take effect July 1, 2002.

II. Section 5 shall take effect as provided in section 6 of this act.

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

Senator Pignatelli moved adoption.

April 29, 2002

2002-3684-EBA

03/10

Enrolled Bill Amendment to SB 367

The Committee on Enrolled Bills to which was referred SB 367

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

FOR THE COMMITTEE

This enrolled bill amendment corrects a reference in the bill.

Amend RSA 490-C:3, I(a) as inserted by section 1 of the bill by replacing line 5 with the following:

RSA 490-C:2, I(g) and (h) shall be for 3 years. Vacancies in board membership shall be filled in the

Senator Pignatelli moved adoption.

April 30, 2002

2002-3721-EBA

08/01

Enrolled Bill Amendment to SB 354

The Committee on Enrolled Bills to which was referred SB 354

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 grammatical change.

Amend RSA 186-C:14-a, I(b)(4) by replacing line 2 with the following:

education that he or she has the knowledge and skills to represent the child adequately in

Senator Pignatelli moved adoption.

May 1, 2002

2002-3746-EBA

04/10

Enrolled Bill Amendment to SB 140-FN-LOCAL

The Committee on Enrolled Bills to which was referred SB 140-FN-LOCAL

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 modifies RSA subparagraph designations.

Amend RSA 198:38, VII(d) as inserted by section 1 of the bill by replacing it with the following:

(d)(1) Additional weights based on pupils eligible to receive a free or reduced-price meal shall be calculated by multiplying each municipality’s elementary average daily membership in residence by the percentage of elementary pupils eligible to receive a free or reduced-price meal in the district of residence, and multiplied by:

(A) If the district percent is less than or equal to the percentage of elementary pupils eligible to receive a free or reduced-price meal statewide multiplied by 0.85, zero.

(B) If the district percentage is greater than the percentage of elementary pupils eligible to receive a free or reduced-price meal statewide multiplied by 0.85, the lesser of 1.0 or a number equal to 5 times the difference between the district percentage and the state average percentage multiplied by 0.85.

(2) If the elementary average daily membership of the district of residence is less than 10, the percentage of elementary pupils eligible to receive a free or reduced-price meal shall be equal to the percentage eligible in that district in which the majority of the elementary pupils attend.

Senator Pignatelli moved adoption.

May 1, 2002

2002-3752-EBA

03/01

Enrolled Bill Amendment to SB 64-FN-A

The Committee on Enrolled Bills to which was referred SB 64-FN-A

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 inserts a contingent renumbering provision relative to amendments to RSA 6:12, I, and inserts a prospective repeal of a reference to the fund repealed in the bill.

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

6 Repeal. RSA 6:12, I(jjjj), relative to the probate court mediation fund, is repealed.

7 Effective Date.

I. Sections 3 and 6 of this act shall take effect June 30, 2007.

II. RSA 490:27, II(c) as inserted by section 2 of this act shall take effect as provided in section 4 of this act.

III. Section 4 of this act shall take effect upon its passage.

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

Senator Pignatelli moved adoption.

May 3, 2002

2002-3767-EBA

03/01

The Committee on Enrolled Bills to which was referred HB 1156

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 inserts a new bill section which harmonizes the existing provisions of RSA 674:41, I with the new subparagraph inserted by the bill.

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

5 Erection of Buildings on Class VI Highways. Amend RSA 674:41, I(c)(3) to read as follows:

(3) Prior to the issuance of a building permit, the applicant shall produce evidence that notice of the limits of municipal responsibility and liability has been recorded in the county registry of deeds[.]; or

Senator Pignatelli moved adoption.

May 3, 2002

2002-3769-EBA

04/09

Enrolled Bill Amendment to HB 1318

The Committee on Enrolled Bills to which was referred HB 1318

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

FOR THE COMMITTEE

This enrolled bill amendment makes certain grammatical changes to the bill.

Amend RSA 327:1, III(k) as inserted by section 1 of the bill by replacing line 1 with the following:

Amend RSA 327:6-b, I as inserted by section 2 of the bill by replacing line 12 with the following:

the committee shall be filed in writing with the chairperson at least 30 days prior to the scheduled

Amend RSA 327:6-c, I(b) as inserted by section 3 of the bill by replacing line 2 with the following:

educational components listed in subparagraph (a). Upon passage of such exam, an optometrist

Amend RSA 327:6-c, II(b) as inserted by section 3 of the bill by replacing line 1 with the following:

(b) Except as provided in paragraph III, therapeutic pharmaceutical agent certified

Senator Pignatelli moved adoption.

April 29, 2002

2002-3693-EBA

06/09

Enrolled Bill Amendment to HB 768-FN

The Committee on Enrolled Bills to which was referred HB 768-FN

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

FOR THE COMMITTEE

___________________________________

This enrolled bill amendment makes certain grammatical changes to the bill.

Amend RSA 651-C:1, V as inserted by section 1 of the bill by replacing line 2 with the following:

database or CODIS for the purpose of generating investigative leads or supporting statistical

Amend RSA 651-C:1, VIII(b) as inserted by section 1 of the bill by replacing line 1 with the following:

(b) "Sexual offender" also means a juvenile who has been found delinquent because

Amend RSA 651-C:4, III as inserted by section 1 of the bill by replacing line 2 with the following:

entry of a DNA sample into the database where the collection and entry were made in good faith

Amend RSA 651-C:5, II as inserted by section 1 of the bill by replacing line 2 with the following:

shall not be automatically expunged from the database upon that individual’s reaching the age of

Senator Pignatelli moved adoption.

May 3, 2002

2002-3770-EBA

06/09

Enrolled Bill Amendment to HB 1147

The Committee on Enrolled Bills to which was referred HB 1147

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 to clarify the intent of the bill.

Amend RSA 651:5,VI-a as inserted by section 1 of the bill by replacing line 1 with the following:

VI-a. A conviction for an offense committed under the laws of

Senator Pignatelli moved adoption.

May 7, 2002

2002-3771-EBA

06/09

Enrolled Bill Amendment to HB 1231-FN

The Committee on Enrolled Bills to which was referred 1231-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes grammatical and technical corrections to the bill.

Amend RSA 188-E:14, IV as inserted by section 1 of the bill by replacing lines 2 and 3 with the following:

for the planning, construction, and renovation of equipment necessary for the operation of pre-engineering technology curriculum in the regional vocational education centers.

Amend RSA 188-E:16, I (d) as inserted by section 1 of the bill by replacing it with the following:

(d) The president of the New Hampshire technical institute, or designee.

Senator Pignatelli moved adoption.

May 7, 2002

2002-3749-EBA

08/01

Enrolled Bill Amendment to HB 1449-A

The Committee on Enrolled Bills to which was referred HB 1449-A

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

Explanation to Enrolled Bill Amendment to HB 1449-A

This enrolled bill amendment makes grammatical corrections.

Enrolled Bill Amendment to HB 1449-A

Amend subparagraph II(e) as inserted by section 3 of the bill by replacing line 2 with the following:

report regarding its progress and findings on or before November 1 of each year of their existence

Amend subparagraph III(a) as inserted by section 3 of the bill by replacing line 7 with the following:

period of an additional 30 days. The department shall consider the public comments received in any

Senator Pignatelli moved adoption.

May 3, 2002

2002-3766-EBA

06/10

Enrolled Bill Amendment to HB 1467-FN

The Committee on Enrolled Bills to which was referred HB 1467-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes a technical change to the bill.

Amend RSA 126-Q:4, III as inserted by section 2 of the bill by replacing line 1 with the following:

III. For any year in which the total non-federal program cost exceeds 50 percent of the

Senator Pignatelli moved adoption.

May 2, 2002

2002-3765-EBA

05/01

Enrolled Bill Amendment to HB 1446

The Committee on Enrolled Bills to which was referred HB 1446

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 2 of the bill by replacing lines 2 and 3 with the following:

inserting after section 15-b the following new section:

194:15-c New Hampshire School Patriot Act.

Senator Pignatelli moved adoption.

May 3, 2002

2002-3768-EBA

05/10

Enrolled Bill Amendment to HB 1472-FN

The Committee on Enrolled Bills to which was referred HB 1472-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction.

Amend RSA 158:29, XI as inserted by section 4 of the bill by replacing line 1 with the following:

XI. "Explosives", "high explosive or explosive substance" shall mean any [chemical

Senator Pignatelli moved adoption.

May 6, 2002

2002-3777-EBA

06/09

Enrolled Bill Amendment to HB 1423-FN

The Committee on Enrolled Bills to which was referred HB 1423-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes 2 technical corrections.

Enrolled Bill Amendment to HB 1423-FN

Amend RSA 631:4, I (e) as inserted by section 7 of the bill by replacing line 2 with the following:

use of a biological or chemical substance, with a purpose to cause evacuation of a building, place

Amend RSA 644:3, I as inserted by section 8 of the bill by replacing line 5 with the following:

false reports under RSA 158:38]; except if the report concerns the presence of a biological or

Senator Pignatelli moved adoption.

April 30, 2002

2002-3737-EBA

08/09

Enrolled Bill Amendment to HB 678

The Committee on Enrolled Bills to which was referred HB 678

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

FOR THE COMMITTEE

This enrolled bill amendment corrects the effective date of the bill.

Amend the bill by replacing section 3 with the following:

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

Senator Pignatelli moved adoption.

April 30, 2002

2002-3744-EBA

06/09

Enrolled Bill Amendment to HB 298-FN-LOCAL

The Committee on Enrolled Bills to which was referred HB 298-FN-LOCAL

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 changes to the bill.

Amend RSA 194-B:3-a, II as inserted by section 1 of the bill by replacing line 2 with the following:

state board of education by the applicant for the prospective charter school no later than June 15 of

Amend RSA 194-B:11, I as inserted by section 2 of the bill by replacing line 13 with the following:

such other terms as [the school and the funding source may find] are mutually acceptable.

Amend RSA 194-B:11, IX(a) as inserted by section 3 of the bill by replacing line 9 with the following:

the date of issue or may be redeemable by the charter school at such time as the charter school or

Senator Pignatelli moved adoption.

April 30, 2002

2002-3745-EBA

05/01

Enrolled Bill Amendment to HB 556-FN-A

The Committee on Enrolled Bills to which was referred HB 556-FN-A

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 grammatical correction.

Amend RSA 21-K:4-a as inserted by section 3 of the bill by replacing it with the following:

21-K:4-a Donations. The commissioner may receive and accept at any time such sums of money as may be donated for any purpose related to cultural resources. Money so received shall be converted into a continuous fund or funds, which shall not lapse, to be held by the state treasurer from which payments shall be made in accordance with the stipulations of the donor.

Senator Pignatelli moved adoption.

May 1, 2002

2002-3747-EBA

05/10

Enrolled Bill Amendment to HB 1388

The Committee on Enrolled Bills to which was referred HB 1388

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

FOR THE COMMITTEE

This enrolled bill amendment corrects RSA references and makes technical corrections.

Amend RSA 326-E:6, III as inserted by section 2 of the bill by replacing line 2 with the following:

under the supervision of a licensed respiratory care practitioner in this state, and:

Amend RSA 326-E:6, IV(g) and (h) as inserted by section 2 of the bill by replacing them with the following:

(g) An out of state license validation reveals information that would cause the board not to issue a license; or

(h) Actions are taken pursuant to RSA 328-F:18, V or RSA 328-F:26.

Amend RSA 326-E:7, I(g) as inserted by section 2 of the bill by replacing line 1 when the following:

(g) Keep all information confidential relating to receiving and investigating complaints

Amend RSA 326-E:8, II as inserted by section 2 of the bill by replacing line 1 with the following:

II. This chapter shall not restrict a person licensed under any other law of this state from

Amend RSA 326-E:9, IV as inserted by section 2 of the bill by replacing line 3 with the following:

without the prior written consent of the patient. This privilege shall not extend to cases in which the

Amend RSA 326-E:10, II as inserted by section 2 of the bill by replacing it with the following:

II. The respiratory care practitioner shall be aware of and abide by the laws of this chapter and related chapters and the regulations concerning the performance and practice of respiratory care.

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

3 Allied Health Professionals; Respiratory Care. Amend RSA 328-F:2, VII to read as follows:

VII. "Respiratory care" means "respiratory care' as defined in RSA 326-E:1, [VI] V.

4 Allied Health Professionals; Governing Boards; Rulemaking. Amend RSA 328-F:11, IV to read as follows:

IV. The governing board of respiratory care practitioners shall adopt rules as provided in RSA [326-E:3] 326-E:2.

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

Senator Pignatelli moved adoption.

May 1, 2002

2002-3750-EBA

03/01

The Committee on Enrolled Bills to which was referred HB 1180

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 and clarifies a reference in the bill.

Amend section 1 of the bill by replacing lines 1-7 with the following:

1 Task Force Established; Membership.

I. There is established a task force to research revenue streams to fund intermodal transportation systems in New Hampshire.

II. The task force shall be composed of the following members:

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

(b) Two members representing rail interests, one nominated by the New Hampshire Railroad Revitalization Association and appointed by the governor and one designated by the

Amend subparagraph II(d) of section 1 of the bill by replacing line 1 with the following:

(d) The director of the division of aeronautics, department of transportation, or

Senator Pignatelli moved adoption.

May 1, 2002

2002-3753-EBA

04/10

Enrolled Bill Amendment to HB 179-FN

The Committee on Enrolled Bills to which was referred HB 179-FN

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

FOR THE COMMITTEE

This enrolled bill amendment inserts a contingent renumbering section to avoid an RSA numbering conflict.

Amend the bill by inserting after section 7 the following and renumbering the original section 8 to read as 9:

8 Contingent Renumbering. If SB 445-FN of the 2002 legislative session becomes law, then RSA 169-B:19, III-b as inserted by section 1 of that act shall be renumbered as RSA 169-B:19, III-c.

Senator Pignatelli moved adoption.

May 1, 2002

2002-3754-EBA

03/09

Enrolled Bill Amendment to HB 523

The Committee on Enrolled Bills to which was referred HB 523

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 in the title of the bill.

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

Senator Pignatelli moved adoption.

May 2, 2002

2002-3757-EBA

05/10

Enrolled Bill Amendment to HB 718-FN

The Committee on Enrolled Bills to which was referred HB 718-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes a grammatical correction.

Amend RSA 374-F:3, V(f)(1) as inserted by section 4 of the bill by replacing line 1 with the following:

(f)(1) A utility may, at its discretion, allow its customers to choose a renewable energy

Amend RSA 29:14, II as inserted by section 6 of the bill by replacing line 1 with the following:

Senator Pignatelli moved adoption.

May 2, 2002

2002-3759-EBA

08/10

Enrolled Bill Amendment to HB 557-FN-A

The Committee on Enrolled Bills to which was referred HB 557-FN-A

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

Explanation to Enrolled Bill Amendment to HB 557-FN-A

This enrolled bill amendment makes a technical correction to an RSA reference.

Enrolled Bill Amendment to HB 557-FN-A

Amend section 3 of the bill by replacing line 1 with the following:

3 Department of Justice; Administration of Victims’ Assistance Fund. Amend RSA 21-M:8-i, II to

Senator Pignatelli moved adoption.

May 6, 2002

2002-3774-EBA

03/01

Enrolled Bill Amendment to HB 1366-FN

The Committee on Enrolled Bills to which was referred HB 1366-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes grammatical and technical corrections.

Amend RSA 99-E:3, II as inserted by section 2 of the bill by replacing line 2 with the following:

the legislative budget assistant in writing whether it intends to implement the proposal or whether

Amend RSA 99-E:4, II as inserted by section 2 of the bill by replacing line 3 with the following:

shall be paid from the general fund, and the governor is authorized to draw a warrant for the award

Amend RSA 99-E:6 as inserted by section 2 of the bill by replacing line 1 with the following:

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

Senator Pignatelli moved adoption.

May 2, 2002

2002-3764-EBA

06/01

Enrolled Bill Amendment to HB 1299-FN

The Committee on Enrolled Bills to which was referred HB 1299-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction to the bill.

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

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

Senator Pignatelli moved adoption.

May 6, 2002

2002-3776-EBA

03/10

Enrolled Bill Amendment to HB 672

The Committee on Enrolled Bills to which was referred HB 672

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

FOR THE COMMITTEE

This enrolled bill amendment corrects a reference in the bill and makes a grammatical correction.

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

counselor, licensed alcohol and drug counselor, licensed marriage and family therapist, or licensed clinical social worker who

Senator Pignatelli moved adoption.

May 6, 2002

2002-3781-EBA

08/10

Enrolled Bill Amendment to HB 134

The Committee on Enrolled Bills to which was referred HB 134

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 amends the title of the bill to reflect its contents.

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

Senator Pignatelli moved adoption.

May 6, 2002

2002-3772-EBA

03/01

Enrolled Bill Amendment to HB 587-FN-A

The Committee on Enrolled Bills to which was referred HB 587-FN-A

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 clarifies a sentence in the statement of purpose.

Amend section 1 of the bill by replacing line 6 with the following:

juvenile services. In addition, men whose average life expectancy was formerly on a

Senator Pignatelli moved adoption.

HB 179, relative to the scope of RSA 169-B, the juvenile delinquency statute, and establishing a task

force on juvenile justice service capacity.

HB 298, relative to charter schools.

HB 517, relative to supply of water by village districts, and authorizing Carroll county to operate a

public water system.

HB 523, relative to filing fees and legislative approval of certain settlements by the attorney general.

HB 550, relative to destruction of information.

HB 557, relative to victims’ assistance programs and the victims’ assistance fund.

HB 650, relative to master plans.

HB 678, relative to notice of release of an inmate from state prison.

HB 768, relative to DNA testing of criminal offenders.

HB 1139, relative to international reciprocal child support agreements.

HB 1180, establishing a task force to research revenue streams to fund intermodal transportation

systems in New Hampshire and relative to exemption from local property taxes for leases of

state-owned railroad properties.

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

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

SB 326, establishing a committee to study the workers’ compensation hearings and appeals process at the department of labor.

SB 388, relative to bingo game operation.

SB 425, revising the formula used to calculate the cost of an adequate education.

SB 437, relative to the protection of public water supplies during emergency conditions and establishing a committee to study the formation of regional water systems and the eligibility of such systems for state construction grants.

SB 452, relative to fines for violations of the shoreland protection act.

Senator D'Allesandro moved adoption.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

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

HB 1252, relative to the membership of the wetlands council.

HB 1268, relative to the net operating loss deduction under the business profits tax.

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

HB 1356, establishing the criminal offense of felony pursuit.

HB 1357, relative to the form of drivers’ licenses.

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

HB 1390, relative to quality assurance information.

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

HB 1407, relative to the definition of abutter in planning and zoning laws.

HB 1415, relative to removing certain extensions for abatement decisions, replies and appeals in a year of property revaluation, the rulemaking authority of the equalization standards board, the authority for staffing recommendations for the joint legislative committee on administrative rules, and granting authority for technical corrections to the unclassified salary structure.

HB 1420, establishing a task force to define the practice of law in New Hampshire.

HB 1451, implementing the Mobile Telecommunications Sourcing Act and relative to the telecommunications equipment assistance program.

HB 1456, relative to information on drivers’ licenses and relative to motor vehicle records.

SB 354, authorizing foster parents to act as educational advocates for foster children with educational disabilities.

SB 367, relative to the guardian ad litem board.

SB 422, relative to the insurance laws.

SB 441, establishing the position of hazardous materials response coordinator and making an appropriation therefor, establishing a committee to study the interoperability of state agency communications, authorizing the position of deputy director of state police, and repealing the division of enforcement in the department of safety.

SB 456, making appropriations to the department of health and human services.

Senator D'Allesandro moved adoption.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

HB 134, requiring the supreme court to establish a pilot program in the superior and district courts of one county which allows each party in a civil case one challenge to the justice assigned to the case.

HB 439, establishing a position of septage coordinator and making an appropriation therefor.

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

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

HB 672, relative to insurance coverage for mental and nervous conditions and for treatment for chemical dependency.

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

HB 1147, relative to the annulment of certain criminal offenses committed under the laws of another jurisdiction.

HB 1156, relative to the issuance of building permits on private roads, relative to the building code for modular housing, and relative to the membership of the state building code review code.

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

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

HB 1318, relative to the regulation of the use of pharmaceutical agents and the treatment of glaucoma by licensed optometrists.

HB 1366, establishing a state employee recognition and award program.

HB 1388, relative to respiratory care.

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

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

HB 1449, establishing a pilot program to study and establish protected instream flows and water management plans on the Lamprey River and the Souhegan River.

HB 1467, relative to the cost of vaccines.

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

SB 360, establishing criminal penalties for the introduction of computer contaminants.

SB 392, relative to the regulation of revolving credit plans.

SB 403, relative to special motorcycle number plates for veterans who were awarded the purple heart medal, special motorcycle licenses and motorcycle endorsements, and motor vehicle inspectors.

SB 451, relative to the shoreland protection act.

Senator D'Allesandro moved adoption.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bill:

HB 1218, relative to the regulation of pharmacists and prescription drug orders, relative to the use of non-original containers to organize prescription and nonprescription drugs, and relative to the management of certain plan benefits under Medicaid by the department of health and human services.

Senator D'Allesandro moved adoption.

May 6, 2002

2002-3773-EBA

03/01

Enrolled Bill Amendment to SB 360-FN

The Committee on Enrolled Bills to which was referred SB 360-FN

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

FOR THE COMMITTEE

This enrolled bill amendment inserts an omitted RSA section heading and introductory clause and makes a typographical correction.

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

1 Computer Crime; Definitions. RSA 638:16 is repealed and reenacted to read as follows:

638:16 Computer Crime; Definitions. For the purpose of this subdivision:

I. "Access" means to instruct, communicate with, store data in, retrieve data from, intercept

Amend RSA 638:17, V as inserted by section 2 of the bill by replacing line 1 with the following:

V. A person is guilty of the computer crime of destruction of computer equipment when he

Senator Pignatelli moved adoption.

May 2, 2002

2002-3758-EBA

08/09

Enrolled Bill Amendment to SB 392

The Committee on Enrolled Bills to which was referred SB 392

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 changes.

Amend RSA 384-G:1, VII as inserted by section 1 of the bill by replacing line 7 with the following:

other charges permitted by this chapter, including late or delinquency charges, which have

Amend RSA 384-G:2 as inserted by section 1 of the bill by replacing line 5 with the following:

this chapter and may take such security as collateral in connection therewith as may be

Amend RSA 384-G:10, I as inserted by section 1 of the bill by replacing line 9 with the following:

and pursuant to RSA 384-G:3 and RSA 384-G:4 to change the periodic percentage rate or rates of

Amend RSA 384-G:12, I as inserted by section 1 of the bill by replacing line 20 with the following:

under the Truth in Lending Act, 15 U.S.C. section 1601 et seq., and the regulations promulgated thereunder,

Amend RSA 384-G:12, II (a) as inserted by section 1 of the bill by replacing line 5 with the following:

information required to be disclosed pursuant to the provisions of this section.

Senator Pignatelli moved adoption.

May 8, 2002

2002-3785-EBA

05/01

Enrolled Bill Amendment to HB 1377-FN

The Committee on Enrolled Bills to which was referred HB 1377-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes grammatical and technical corrections.

Amend RSA 328-A:5, I(e) as inserted by section 1 of the bill by replacing line 1 with the following:

(e) Have maintained a current level of professional knowledge in physical therapy for a

Amend RSA 328-A:5, IV(e) as inserted by section 1 of the bill by replacing it with the following:

(e) Have maintained a current level of professional knowledge in physical therapy for a period of one year prior to filing.

Amend RSA 328-A:9, VI as inserted by section 1 of the bill by replacing line 2 with the following:

administered upon the prescription of an appropriately licensed health care practitioner, as part of the

Amend RSA 328-A:12, I as inserted by section 1 of the bill by replacing line 5 with the following:

description of services that incorporates one or more of the terms, designations, or abbreviations in

Amend RSA 328-A:15, VIII as inserted by section 1 of the bill by replacing lines 1-4 with the following:

VIII. The board shall keep all information relating to receiving and investigating complaints filed against licensees confidential until the information becomes public record or as required by law. Patient records, including clinical records, files, any other report or oral statement relating to diagnostic findings or treatment of patients, any information from which a patient or the patient’s

Amend section 2 of the bill by replacing line 1 with the following:

2 Definition; Physical Therapy. Amend RSA 328-F:2, V to read as follows:

Amend section 5 of the bill by replacing line 2 with the following:

who, prior to the effective date of this act, legally used the terms, designations, or abbreviations listed

Amend section 5 of the bill by replacing line 5 with the following:

under RSA 328-A:10, II or RSA 328-A:12, I as inserted by this act. Following the one-year period,

Senator Pignatelli moved adoption.

May 9, 2002

2002-3795-EBA

03/10

Enrolled Bill Amendment to HB 1273-FN

The Committee on Enrolled Bills to which was referred HB 1273-FN

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

FOR THE COMMITTEE

Explanation to Enrolled Bill Amendment to HB 1273-FN

This enrolled bill amendment makes various grammatical and technical corrections. This enrolled bill amendment also inserts a contingency provision relative to the enactment of HB 1348.

Amend RSA 215-A:3, IX as inserted by section 5 of the bill by replacing lines 6-8 with the following:

[and to] the [chairperson] chairpersons of the wildlife and recreation committee, the ways and means committee, and any other appropriate committee of the senate, and the state library which details their [agency’s performance] agencies’ activities relating to OHRV programs during the previous year. Such

Amend RSA 215-A:19, VIII as inserted by section 6 of the bill by replacing lines 2-3 with the following:

successfully completes an OHRV training program, at that person's own expense, shall have his or her $200 refunded to him or her from the fish and game fund by the executive director.

Amend RSA 215-A:23, III as inserted by section 8 of the bill by replacing lines 1-2 with the following:

III. Individual nonresident registration-[$36] $61 for each 2-wheeled trail bike registration, $60 for each snow traveling vehicle registration, or [$45] $70 for each other OHRV registration.

Amend RSA 215-A:23, VI(b) as inserted by section 9 of the bill by replacing lines 5-9 with the following:

be open to the general public.] Notwithstanding the provisions of this subparagraph, a landowner who grants permission for a grant-in-aid trail to be located on his or her property shall retain the right to establish the inclusive dates during which OHRV operation shall be permitted. [The private landowner shall also retain the right to post any grant-in-aid trail located on his property against trespass by any specific activity or specific type of OHRV.] Use of trails on private land shall

Amend RSA 215-A:24 as inserted by section 12 of the bill by replacing lines 2-5 with the following:

his or her duly authorized agents, such agent shall collect from the registrant a fee of [$1] $2 in addition to the fee prescribed by RSA 215-A:23. Each application for registration of an OHRV shall have printed thereon the words and figures, "agent's fee [$1] $2." Such agent shall retain the additional fee as compensation for his or her services in connection with the issuance of such registration, except that, if the

Amend section 14 of the bill by replacing line 2 with the following:

RSA 215-A:29, II(a) to read as follows:

Amend section 15 of the bill by replacing line 2 with the following:

215-A:29, V and VI to read as follows:

Amend section 16 of the bill by replacing line 1 with the following:

16 New Subdivision; Off Highway Recreational Vehicles and Trails; ATV and Trail Bike

Amend RSA 215-A:42, II(c) as inserted by section 16 of the bill by replacing line 2 with the following:

to subparagraph I(b) require such closure.

Amend section 17 of the bill by replacing line 1 with the following:

17 Liability Insurance. Amend RSA 260:61, II to read as follows:

Amend section 21 of the bill by replacing lines 1-3 with the following:

21 State-Owned ATV and Trail Bike Trail. Within 90 days of the effective date of this section, the commissioner of the department of resources and economic development shall select, using the coarse filter criteria of RSA 215-A:43, I, one site on state public lands that is suitable for

Amend paragraph I of section 22 of the bill by replacing line 3 with the following:

plan shall be updated every 5 years thereafter. The plan shall emphasize development of self-

Amend section 24 of the bill by replacing line 2 with the following:

department of fish and game the position of contract administrator who

Amend the bill by replacing all after section 28 with the following:

29 Contingency. If HB 1348 of the 2002 legislative session becomes law, sections 7 and 8 of this act shall not take effect. If HB 1348 of the 2002 legislative session does not become law, sections 7 and 8 of this act shall take effect July 1, 2002.

30 Effective Date.

I. Sections 7 and 8 of this act shall take effect as provided in section 29 of this act.

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

Senator Pignatelli moved adoption.

May 10, 2002

2002-3779-EBA

05/10

Enrolled Bill Amendment to HB 1298

The Committee on Enrolled Bills to which was referred HB 1298

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 amends the title of the bill to reflect its contents.

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

Senator Pignatelli moved adoption.

May 8, 2002

2002-3786-EBA

08/09

Enrolled Bill Amendment to HB 1344-LOCAL

The Committee on Enrolled Bills to which was referred HB 1344-LOCAL

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

Explanation to Enrolled Bill Amendment to HB 1344-LOCAL

This enrolled bill amendment renumbers a subparagraph to avoid a numbering conflict with a subparagraph inserted by 2002, 73 (HB 701), and makes other technical corrections.

Enrolled Bill Amendment to HB 1344-LOCAL

Amend RSA 674:21, VI(a) as inserted by section 2 of the bill by replacing line 8 with the following:

community growth occurs; and finally, to provide owners of private property with a method for

Amend RSA 674:21, VI (c) as inserted by section 2 of the bill by replacing line 12 with the following:

original lot unless provisions contained within the political subdivision’s land use regulations provide a

Amend section 4 of the bill by replacing lines 2 and 3 with the following:

Amend RSA 674:36, II by inserting after subparagraph (k) the following new subparagraph:

(l) Provide for efficient and compact subdivision development which promotes retention

Senator Pignatelli moved adoption.

May 9, 2002

2002-3793-EBA

06/10

Enrolled Bill Amendment to HB 1406

The Committee on Enrolled Bills to which was referred HB 1406

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 to the bill.

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

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

Amend subparagraphs II(a) of (5) and (6) section 4 of the bill by replacing them with the following:

(5) One member to represent the university system of New Hampshire, appointed by that organization.

(6) One member to represent the department of regional community-technical colleges, appointed by that organization.

Senator Pignatelli moved adoption.

May 8, 2002

2002-3790-EBA

03/01

Enrolled Bill Amendment to HB 1426-FN

The Committee on Enrolled Bills to which was referred HB 1426-FN

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

FOR THE COMMITTEE

Explanation to Enrolled Bill Amendment to HB 1426-FN

This enrolled bill amendment makes a punctuation correction and deletes repeated words.

Enrolled Bill Amendment to HB 1426-FN

Amend RSA 651-B:6, II as inserted by section 2 of the bill by replacing line 3 with the following:

RSA 633:3[,] or 645:2, I [or 649 A:3, III],or of an equivalent offense in an out-of-state jurisdiction,

Amend RSA 651-B:5, III as inserted by section 4 of the bill by replacing lines 10-11 with the following:

employment or schooling, or the appropriate out-of-state law enforcement agency if the new place of employment or schooling is outside New Hampshire, and shall include such changes in the

Senator Pignatelli moved adoption.

May 7, 2002

2002-3782-EBA

08/01

Enrolled Bill Amendment to HB 1433

The Committee on Enrolled Bills to which was referred HB 1433

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 amends the title of the bill to reflect its contents.

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

AN ACT prohibiting intoxication from consumption of alcoholic beverages by minors.

Senator Pignatelli moved adoption.

May 10, 2002

2002-3788-EBA

08/09

Enrolled Bill Amendment to HB 447

The Committee on Enrolled Bills to which was referred HB 447

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

Explanation to Enrolled Bill Amendment to HB 447

This enrolled bill amendment amends the title of the bill to reflect its contents.

Enrolled Bill Amendment to HB 447

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

Senator Pignatelli moved adoption.

May 6, 2002

2002-3778-EBA

06/10

Enrolled Bill Amendment to HB 465

The Committee on Enrolled Bills to which was referred HB 465

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 amends the title of the bill to reflect its contents and makes a technical correction.

Enrolled Bill Amendment to HB 465

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

Amend RSA 311:7-g, II as inserted by section 1 of the bill by replacing line 1 with the following:

II. Nothing in this section shall prevent officers and members of the New Hampshire Bar

Senator Pignatelli moved adoption.

May 10, 2002

2002-3791-EBA

03/01

Enrolled Bill Amendment to HB 559-FN

The Committee on Enrolled Bills to which was referred HB 559-FN

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

FOR THE COMMITTEE

This enrolled bill amendment inserts statutory language omitted from the bill.

Amend RSA 458-B:2, I(a) as inserted by section 1 of the bill by replacing line 1 with the following:

(a) Where there is a written agreement between the obligor and obligee and such agreement is approved by the

Senator Pignatelli moved adoption.

May 9, 2002

2002-3796-EBA

04/09

Enrolled Bill Amendment to HB 712-FN

The Committee on Enrolled Bills to which was referred HB 712-FN

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

FOR THE COMMITTEE

This enrolled bill amendment corrects a statutory reference and makes a grammatical correction.

Amend section 5 of the bill by replacing line 2 with the following:

RSA 9-A:2 by inserting after paragraph III the following new paragraph:

Amend RSA 9-B:6, V as inserted by section 7 of the bill by replacing line 1 with the following:

V. An assessment of how state agencies are complying with the goals and objectives

Senator Pignatelli moved adoption.

May 9, 2002

2002-3794-EBA

03/09

Enrolled Bill Amendment to HB 1210

The Committee on Enrolled Bills to which was referred HB 1210

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 inserts statutory text omitted from the bill, makes grammatical corrections, and amends the title of the bill to reflect the contents of the bill.

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

AN ACT relative to barbering, cosmetology, and esthetics.

Amend RSA 313-A:1, VIII as inserted by section 1 of the bill by replacing lines 7-10 with the following:

of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams; or

Amend RSA 313-A:13 as inserted by section 2 of the bill by replacing line 9 with the following:

Credit towards the hours requirement for esthetician training may be given to a licensed cosmetologist

Senator Pignatelli moved adoption.

May 8, 2002

2002-3789-EBA

08/10

Enrolled Bill Amendment to HB 1270-FN

The Committee on Enrolled Bills to which was referred HB 1270-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction to an RSA section reference.

Amend RSA 87:27 as inserted by section 1 of the bill by replacing line 2 with the following:

the court, but the certificate of the department of revenue administration, as provided in RSA 87:26,

Senator Pignatelli moved adoption.

May 8, 2002

2002-3792-EBA

04/01

Enrolled Bill Amendment to HB 1235

The Committee on Enrolled Bills to which was referred HB 1235

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 typographical corrections.

Amend line 2 of section 14 of the bill by replacing it with the following:

RSA 482-A:2 by inserting after paragraph VII the following new paragraphs:

Amend line 1 of RSA 482-A:2, VIII (b), as inserted by section 14 of the bill, by replacing it with the following:

(b) On water bodies of 10,000 acres or less, a volume of water 20 feet long, 6 feet wide,

Amend line 4 of RSA 482-A:2, IX, as inserted by section 14 of the bill, by replacing it with the following:

landings, or stairs are installed, erected, or constructed without regrading or recontouring of the

Amend line 1 of RSA 482-A:3, IV-a (h), as inserted by section 15, of the bill by replacing it with the following:

(h) Installed in a manner which requires no modification, regrading, or recontouring of

Amend line 1 of section 16 of the bill by replacing it with the following:

16 Fill and Dredge of Wetlands; Dwellings Over Water; Existing Dwellings. Amend RSA 482-A:26,

Senator Pignatelli moved adoption.

May 7, 2002

2002-3783-EBA

08/10

Enrolled Bill Amendment to SB 161

The Committee on Enrolled Bills to which was referred SB 161

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 incorporates changes to the 2001 capital budget totals previously made by 2002, 26 (SB 102).

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

section 1 of 2001, 202:1, as amended by 2002, 26:11, to read as follows:

Total state appropriation section 1 [$53,521,200] $55,021,200

Amend section 4 of the bill by replacing line 1 with the following:

4 Bonds Authorized; Capital Improvements. Amend 2001, 202:8, I, as amended by 2002, 26:12, to read as follows:

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

exceeding the sum of [$72,601,700] $73,101,700 and for said purposes may issue bonds and notes in

Senator Pignatelli moved adoption.

March 27, 2002

2002-3132-EBA

05/09

Enrolled Bill Amendment to SB 182-FN-A

The Committee on Enrolled Bills to which was referred SB 182-FN-A

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 typographical correction.

Amend section 4 of the bill by replacing line 2 with the following:

inserting after PAU 05, 01, 13, 09 the following new PAU:

Senator Pignatelli moved adoption.

May 8, 2002

2002-3787-EBA

04/01

Enrolled Bill Amendment to SB 442-FN

The Committee on Enrolled Bills to which was referred SB 442-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes technical corrections to statutory references in the bill.

Amend line 1 of section 8 of the bill by replacing it with the following:

8 Use of Armories or Other National Guard Facilities. RSA 110-B:29 is repealed and reenacted

Amend line 1 of section 11 of the bill by replacing it with the following:

11 Trespassers and Disturbers; Camp Regulations. RSA 110-B:68 is repealed and reenacted to

Senator Pignatelli moved adoption.

May 13, 2002

2002-3799-EBA

03/09

Enrolled Bill Amendment to HB 1364-FN

The Committee on Enrolled Bills to which was referred HB 1364-FN

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

FOR THE COMMITTEE

This enrolled bill amendment corrects references in the bill; inserts a new section to avoid a conflict with HB 706 of the 2002 legislative session; and inserts a contingent renumbering provision relative to amendments to RSA 6:12, I.

Amend RSA 6:12, I(nnnn) as inserted by section 2 of the bill by replacing it with the following:

(nnnn) Moneys deposited in the court facilities escrow fund under RSA 490:26-c.

Amend RSA 6:12, I(tttt) as inserted by section 2 of the bill by replacing it with the following:

(tttt) Moneys deposited in the Pease Development Authority Airport Fund under RSA 12-G:36.

Amend RSA 6:12, I(uuuuu) as inserted by section 2 of the bill by replacing line 2 with the following:

endowment trust fund under RSA 6:38.

Amend RSA 6:12, I(vvvvv) as inserted by section 2 of the bill by replacing it with the following:

(vvvvv) Moneys deposited in the trust fund for the New Hampshire land and community heritage investment trust program under RSA 227-M:7.

Amend RSA 6:12, I(xxxxx) as inserted by section 2 of the bill by replacing it with the following:

(xxxxx) Moneys deposited in the nuclear decommissioning financing fund under RSA 162-F:19.

Amend RSA 6:12, I(jjjjjj) as inserted by section 2 of the bill by replacing it with the following:

(jjjjjj) Moneys deposited in the water pollution control and drinking water revolving loan fund under RSA 486:14.

Amend RSA 6:12, I(nnnnnn) as inserted by section 2 of the bill by replacing it with the following:

(nnnnnn) Moneys deposited in the Benjamin Thompson trust fund under RSA 11:6.

Amend RSA 6:12, I(bbbbbbb) as inserted by section 2 of the bill by replacing line 2 with the following:

RSA 422:6.

Amend RSA 6:12, I(ggggggg) as inserted by section 2 of the bill by replacing it with the following:

(ggggggg) Moneys deposited in the Cheshire bridge toll account under 1988, 251:4-a, as inserted by 1991, 318:5 and amended by 2000, 69:2.

Amend RSA 6:12, I(cccccccc) as inserted by section 2 of the bill by replacing line 1 with the following:

(cccccccc) Moneys deposited in the alcoholism and alcohol abuse account

Amend RSA 6:12, I(ccccccccc) as inserted by section 2 of the bill by replacing it with the following:

(ccccccccc) Moneys deposited in the electricians’ board account under RSA 319-C:11.

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

6 Authorization for Contingent Renumbering. If any other act of the 2002 regular session of the general court which contains an amendment to RSA 6:12, I which inserts any new subparagraph into paragraph I of such section becomes law, the director of legislative services is authorized to make any technical changes to the numbering in any RSA sections inserted by this or any other act as necessary to conform said sections to proper RSA format. The authority granted under this section shall not include the power to make any substantive changes and shall expire upon printing of the 2002 session laws.

7 State Treasurer and State Accounts; Guardian Ad Litem Fund. RSA 6:12, I (mmmm) is repealed and reenacted to read as follows:

(mmmm) Moneys deposited in the mediator and guardian ad litem fund under RSA 458:17-b.

8 Contingency. If HB 706 of the 2002 legislative session becomes law, section 7 of this act shall take effect July 1, 2003. If HB 706 of the 2002 legislative session does not become law, section 7 of this act shall not take effect.

9 Effective Date.

I. Section 7 of this act shall take effect as provided in section 8 of this act.

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

Senator Pignatelli moved adoption.

May 13, 2002

2002-3780-EBA

04/10

Enrolled Bill Amendment to HB 617

The Committee on Enrolled Bills to which was referred HB 617

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 to an RSA section in the bill and makes a grammatical correction.

Amend section 1 of the bill by deleting line 3.

Amend the bill by replacing line 4 of section 1 with the following:

I. Except as provided by [paragraph] paragraphs II and III, the provisions of this subdivision shall apply

Senator Pignatelli moved adoption.

May 10, 2002

2002-3798-EBA

09/01

Enrolled Bill Amendment to HB 1478-FN-A

The Committee on Enrolled Bills to which was referred HB 1478-FN-A

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, and renumbers certain statutory provisions and makes reference changes if HB 1461-FN of the 2002 session becomes law.

Amend RSA 107-C:17, V as inserted by section 3 of the bill by replacing line 3 with the following:

investigation pursuant to paragraph IV. Such care may include immunization of individuals as

Amend RSA 141-C:11, I as inserted by section 20 of the bill by replacing line 12 with the following:

isolation and quarantine as [he] the commissioner may deem best for protecting the health of the public.

Amend the bill by replacing section 22 with the following:

22 New Section; Decontamination. Amend RSA 141-C by inserting after section 16 the following new section:

141-C:16-a Decontamination. The commissioner may close, direct and compel the evacuation of or decontamination of any facility where there is reasonable cause to believe that there is a danger to the public health. The commissioner may also decontaminate, or cause to be decontaminated, or destroy any material of which there is reasonable cause to believe may present imminent danger to the public health. Destruction of any material under this chapter shall be considered a taking of private property and shall be subject to the compensation provisions of RSA 4:46.

23 New Subdivision; Public Health Powers and Duties; Safe Disposal of Corpses; Oversight Committee. Amend RSA 21-P by inserting after section 48 the following new subdivision:

Public Health Emergency Management Powers; Oversight Committee

21-P:49 Public Health Powers and Duties. During the existence of a state of emergency under this chapter, the commissioner of health and human services shall have the following powers and duties which are in addition to those set forth in RSA 141-C; provided, that such powers and duties shall be limited to the specific nature of the emergency, its geographic limits, and the conditions that brought it about, as specified in the declaration of the state of emergency:

I. Subject to the direction and control of the governor, the commissioner shall have the responsibility and authority to carry out all public health activities within the state in cooperation and collaboration with the office of emergency management.

II. The commissioner may, with or without the approval of the governor’s council, purchase and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents that the commissioner deems to be in the interest of public health.

III. If there is a statewide or regional shortage or threatened shortage of any anti-toxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents, the commissioner may control, restrict and ration the use, sale, dispensing, distribution, or transportation of such products as necessary to best protect the health, safety, and welfare of the people of this state. In making rationing or other supply and distribution decisions, the commissioner may give preference to health care providers, disaster response personnel, and mortuary staff.

IV. The commissioner may investigate any incident or imminent threat of any disease or health condition that may be caused by a natural disaster, radiation or chemical exposure, or the intentional use of any microorganism, infectious substance, or naturally occurring or manufactured biological product, that poses a risk of a significant number of human fatalities or incidents of permanent or long-term disability. Such investigations may include requiring information from any health care provider or other person affected by or having information related to the incident or threat, inspections of buildings and conveyances and their contents, laboratory analysis of samples collected during the course of such inspections, and requiring a physical examination and the provision of specimens of body secretions, excretions, fluids and discharges for laboratory examination of any person having a disease or health condition that necessitates an investigation under this paragraph.

V. The commissioner may order a person to undergo such medical care as may be necessary to treat or prevent an incident or threat of disease or other health condition prompting an investigation pursuant to paragraph IV. Such care may include immunization of individuals as necessary to prevent the spread of contagious disease.

VI. Any order compelling an investigation, physical examination, the provision of specimens, medical treatment or care, or immunization, and any other order of the commissioner under this chapter, shall be subject to the due process requirements of RSA 141-C:14-a.

VII. The department of health and human services shall acquire and retain only the minimum amount of information, specimens, and samples relating to individuals necessary to carry out its obligations under this section. Any genetic testing of specimens and samples shall be limited to the viruses, bacteria, fungi, or other micro-organisms therein.

21-P:50 Safe Disposal of Corpses. The commissioner of health and human services, with the assistance of the chief medical examiner, may exercise the following powers relative to the safe disposal of corpses:

I. Adopt and enforce such measures to provide for the safe disposal of corpses as may be necessary for emergency response.

II. Take possession and control of any corpse and direct the embalming, burial, cremation, interment, disinterment, transportation, and disposal of corpses.

III. Compel any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of corpses under the laws of this state to accept any corpse or provide the use of its business or facility if such actions are necessary for emergency response.

IV. Procure, by condemnation or otherwise, any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of corpses as may be necessary for emergency response.

V. Compel any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of corpses under the laws of this state to clearly label any corpse with all available information necessary to identify the decedent and the cause of death.

VI. Compel any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of corpses under the laws of this state having custody of a corpse of a person known or believed to have had an infectious disease to clearly label the corpse with a tag indicating that the corpse is so infected and indicating, if known, the infectious disease.

VII. Compel every person in charge of disposing of any corpse to maintain a written record of each corpse and all available information to identify the decedent.

21-P:51 Joint Legislative Oversight Committee.

I. A joint legislative oversight committee on the emergency management system is hereby established.

II. The committee shall consist of 9 members:

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

(b) Three senators, appointed by the senate president.

III. The committee shall elect from its membership a chairperson, a vice-chairperson and a clerk. All members shall be appointed to serve on the committee for a term coterminous with the term of their elected legislative office, and may be reappointed if reelected to the same office. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

IV. The committee shall:

(a) Provide legislative oversight and serve as the legislative liaison for the emergency management system.

(b) Develop, with the assistance of the department of health and human services and other appropriate agencies, a grid which outlines a gradation of emergency conditions and describes the powers authorized for each level of emergency.

(c) Conduct a continuing study of the major problems and concerns regarding planning, testing, and implementation of states of emergency.

(d) Hold such public hearings as may be necessary on matters pertaining to the emergency management system.

V. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1 of each year, beginning November 1 of 2003.

24 Repeals. The following are repealed:

I. RSA 21-P:49, relative to public health powers and duties.

II. RSA 21-P:50, relative to safe disposal of corpses.

25 Contingency.

I. If HB 1461-FN of the 2002 legislative session becomes law, sections 2, 3, 18, and 21 of this act shall not take effect, and sections 22 and 23 of this act shall take effect July 1, 2002 at 12:01 a.m. and section 24 of this act shall take effect July 1, 2004.

II. If HB 1461-FN of the 2002 legislative session does not become law, sections 22-24 of this act shall not take effect, and sections 2, 3 and 18 of this act shall take effect July 1, 2002 and section 21 of this act shall take effect July 1, 2004.

26 Effective Date.

I. Sections 2, 3, 18 and 21-24 of this act shall take effect as provided in section 25 of this act.

II. Section 25 of this act shall take effect upon its passage.

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

Senator Pignatelli moved adoption.

May 10, 2002

2002-3797-EBA

09/01

Enrolled Bill Amendment to HB 1461-FN

The Committee on Enrolled Bills to which was referred HB 1461-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes technical corrections and deletes a section of the bill making a reference change, which is obsolete due to the recodification of the Aeronautics Act in 2002, 6 (HB 317).

Amend the introductory paragraph of RSA 21-P:12 as inserted by section 1 of this act by replacing line 14 with the following:

functions, in accordance with applicable law:

Amend RSA 4:45, III(d) as inserted by section 4 of this act by replacing lines 3-4 with the following:

shall be upon charges after service upon such person of a copy of such charges and after giving him or her an opportunity to be heard in his or her defense. Pending the preparation and disposition of charges, the

Amend section 8 of the bill by replacing line 1 with the following:

8 Transportation of High-Level Radioactive Waste; Coordination with Other Agencies;

Amend the bill by deleting section 10 and renumbering the original sections 11-16 to read as sections 10-15, respectively.

Amend section 13 of the bill by replacing line 1 with the following:

13 Salary; Coordinator of Emergency Management. Amend RSA 94:1-a, I(b) by inserting in grade

Amend 21-P:41, II as inserted by section 7 of this act by replacing line 3 with the following:

his or her duties as such, practice such professional, mechanical, or other skill during an emergency.

Senator Pignatelli moved adoption.

May 7, 2002

2002-3775-EBA

08/10

Enrolled Bill Amendment to HB 1348

The Committee on Enrolled Bills to which was referred HB 1348

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

Explanation to Enrolled Bill Amendment to HB 1348

This enrolled bill amendment makes a technical correction.

Enrolled Bill Amendment to HB 1348

Amend section 5 of the bill by replacing lines 3 and 4 with the following:

III. Individual nonresident registration-[$36] $61 for each 2-wheeled trail bike registration, [$60] $90 for each snow traveling vehicle registration, or [$45] $70 for each other OHRV registration.

Senator Pignatelli moved adoption.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

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

HB 1106, repealing the water pollution control revolving loan fund advisory committee, the local government advisory committee, and the New Hampshire industrial heritage commission; establishing a reporting requirement for the environmental research advisory committee; and creating a radon study committee.

HB 1134, relative to lighting requirements for motor vehicles and trailers and establishing a grants coordinator in the department of safety.

HB 1264, 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 1311, relative to certain mental health records and establishing a committee to study the protection of certain medical information.

HB 1348, clarifying the law regarding title-exempted vehicles, permitting owners of antique motor vehicles to obtain certificates of title, relative to farm tractor plates, and relative to registration fees for certain off highway recreational 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 1377, relative to the regulation of physical therapists.

HB 1396, authorizing the state veterinarian to provide wildlife disease prevention and treatment.

HB 1413, relative to disclosure of information by hospitals, and relative to the regulation of dental restorative materials.

HB 1429, relative to the scope of the consumer protection act and relative to the appointment of a director of administration for the office of attorney general.

HB 2000, relative to the state 10-year transportation improvement program, establishing a transportation project study committee, increasing the distribution to certain municipalities from the special railroad fund, establishing a committee to study the distribution from the special railroad fund, and relative to a certain property tax exemption.

SB 140, relative to the formula for free and reduced-price lunches.

SB 300, relative to the calculation of majority votes under official ballot voting procedures.

SB 301, relative to an innovation initiative within the division of economic development and the creation of the New Hampshire e-commerce advisory commission.

SB 318, relative to transfers of funds from the sweepstakes fund for salary and retirement benefits.

SB 366, relative to biennial reports of the public utilities commission relative to membership of the site evaluation committee, and relative to the electricity consumption tax.

Senator D'Allesandro moved adoption.

HB 447, establishing a task force on family law; clarifying that the judicial council is responsible for payment of indigent defense expenses; establishing a committee to study issues related to shorthand court reporting; and relative to the judicial conduct commission and making an appropriation therefor.

HB 465, relative to lobbying activities of the New Hampshire Bar Association, establishing a

committee to study issues related to the unified bar, and requiring the association to poll its

members on the question of de-unification.

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

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

HB 1298, relative to signage for the sponsor-a-highway program and naming that portion of the New Hampshire hospital campus which has been converted to offices for state agencies and others, the Hugh Gallen State Office Complex.

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

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, creating a committee to study the New Hampshire National Guard Education Assistance Act, and relative to the capital appropriation for the renovation and expansion of state armories.

HB 1426, relative to the availability of information on the registration of certain sexual offenders, and requiring certain sexual offenders and offenders against children to report any changes to such person’s place of employment or schooling.

HB 1433, prohibiting intoxication from consumption of alcoholic beverages by minors.

SB 161, relative to specialized treatment for certain individuals and making an appropriation therefor.

SB 182, establishing a brain injury program and making an appropriation therefor.

Senator D'Allesandro for the committee.

HB 213, 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 617, relative to additional exceptions to junk yard regulation.

HB 712, relative to the coordination of state, regional, and local planning efforts.

HB 1210, relative to barbering, cosmetology, and esthetics.

HB 1235, relative to operation of motorized vessels and safe boater education and relative to fill and dredge in wetlands.

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

HB 1364, requiring an accounting of dedicated funds in the budgetary process.

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

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

SB 124, relative to confidentiality of abuse and neglect proceedings and establishing a pilot project relative to abuse and neglect hearings in the Grafton county court.

SB 442, establishing a committee to study revising the statutes relative to the state militia and the state guard, making certain technical changes to the militia statutes, and creating 2 funds.

Senator D'Allesandro moved adoption.

Senator Francoeur moved the Senate now adjourn from the early session, that the business of the late session be in order at the present time, that all bill ordered to third reading be by this resolution, read a third time, and that all titles be by 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 the Call of the Chair.