Out of Recess.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 407-409 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.

First and Second Reading and Referral

02-3135

SB 407-FN, requiring restroom facilities in certain state buildings. (Sen. Pignatelli, Dist 13; Sen. Wheeler, Dist 21; Rep. Taylor, Straf 11; Rep. Manning, Ches 9; Rep. Messier, Hills 46; Rep. Holbrook, Belk 7; Rep. Robert Johnson, Rock 1: Executive Departments and Administration)

02-3159

SB 408, governing records management of abuse or neglect reports. (Sen. Gordon, Dist 2; Sen. McCarley, Dist 6; Rep. Arnold, Hills 20; Rep. McHugh, Hills 26; Rep. Gile, Merr 16: Judiciary)

02-3160

SB 409, relative to the length of time reports of child abuse and neglect are maintained in the state’s central registry. (Sen. Gordon, Dist 2; Sen. McCarley, Dist 6; Rep. Arnold, Hills 20; Rep. McHugh, Hills 26; Rep. Gile, Merr 16: Judiciary)

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

HB 298-FN-L, relative to charter schools and establishing a charter school revolving fund.

HB 560-FN-A, establishing a contributory judicial retirement plan.

HCR 14, declaring the New Hampshire supreme court’s Claremont decisions to be an unconstitutional violation of the separation of powers mandate under part I, article 37 of the New Hampshire constitution.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 298-560 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

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

HB 298-FN-L, relative to charter schools and establishing a charter school revolving fund. (Education)

HB 560-FN-A, establishing a contributory judicial retirement plan. (Executive Departments and Administration Committee)

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Thursday, January 24, 2002, at 10:15 a.m.

The Senate met at 10:15 a.m.

A quorum was present.

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

Senator Cohen led the Pledge of Allegiance.

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

SB 31, eliminating straight ticket voting.

SB 101-FN, relative to mooring permits and fees.

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

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

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

Senator D'Allesandro moved adoption.

SB 34, relative to the process for nonrenewal of teacher contracts. Education Committee. Vote 3-2. Ought to Pass, Senator O'Hearn for the committee.

Senator Gordon offered a floor amendment.

2002-2295s

06/09

Floor Amendment to SB 34

Amend RSA 189:14-b, II as inserted by section 4 of the bill by replacing it with the following:

II. The state board of education shall uphold the decision of a local school board to nonrenew a teacher’s contract unless the local school board’s factual findings are clearly erroneous given the evidence presented at the hearing, or the local school board’s decision to nonrenew was unjust or unreasonable given the facts and circumstances found to exist at the local school board hearing.

SB 140-FN-L, relative to the formula for free and reduced-price lunches. Education Committee. Vote 4-0. Ought to pass with amendment, Senator McCarley for the committee.

2002-2253s

04/09

Amend the bill by replacing section 1 with the following:

1 School Money; State Aid for Educational Adequacy; Free and Reduced Price Lunches Amended. RSA 198:38, VII(d) is repealed and reenacted to read as follows:

(d) An elementary school pupil who is eligible to receive a free or reduced-price meal shall receive an additional weight as follows:

(1) If the pupil is in a district in which less than 15 percent of the elementary school pupils are eligible to receive a free or reduced-price meal, an additional weight of zero.

(2) If the pupil is in a district in which 15 percent or more of the elementary school pupils are eligible to receive a free or reduced-price meal, an additional weight equal to the lesser of 1.333 or a number equal to 5 times the difference between the percentage of elementary school pupils eligible to receive a free or reduced-price meal and .15, provided there are 10 or more elementary school pupils in the district. If there are less than 10 elementary school pupils in the district, and such pupils attend a school in another school district, the percentage of elementary school pupils eligible to receive a free or reduced-price meal shall be equal to the eligible percentage at the school which the pupils attend.

SB 153-FN-L, relative to adjustments to educational adequacy grants. Education Committee. Vote 3-2. Inexpedient to Legislate, Senator O'Hearn for the committee.

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

Senator Gordon served notice of reconsideration on HB 154, relative to candidates of parties nominated by nomination papers and relative to vacancies for office on a party ticket.

Senator McCarley served reconsideration on HB 622, relative to the time period for the executive council to confirm nominees to the supreme court.

HB 679, establishing a commission to examine models of out-of-school care for children in kindergarten through grade 12. Education Committee. Vote 3-0. Inexpedient to Legislate, Senator McCarley for the committee.

Senator McCarley moved to have HB 679, establishing a commission to examine models of out-of-school care for children in kindergarten through grade 12, laid on the table.

HB 679, establishing a commission to examine models of out-of-school care for children in kindergarten through grade 12.

HB 748-FN-A-L, revising the definition of an adequate education and revising the weighted pupil formula used to calculate the cost of an adequate education. Education Committee. Vote 3-0. Inexpedient to Legislate, Senator Gordon for the committee.

Senator Gordon moved to have HB 748-FN-A-L, revising the definition of an adequate education and revising the weighted pupil formula used to calculate the cost of an adequate education, laid on the table.

HB 748-FN-A-L, revising the definition of an adequate education and revising the weighted pupil formula used to calculate the cost of an adequate education.

SB 301, relative to an innovation initiative within the division of economic development. Energy and Economic Development Committee. Vote 5-0. Ought to Pass, Senator Cohen for the committee.

SB 362, relative to the membership and duties of the New Hampshire film and television commission. Energy and Economic Development Committee. Vote 5-0. Ought to pass with amendment, Senator Johnson for the committee.

2002-2174s

05/03

Amend RSA 12-A:41-a, III(c) and IV as inserted by section 1 of the bill by replacing them with the following:

(c) The commissioner of the department of resources and economic development, or designee, and the commissioner of the department of cultural resources, or designee, who shall serve as ex officio members of the commission.

IV. Except for the commissioners of resources and economic development and of cultural resources or their designees, the term of office for the members shall be 3 years and until a successor is appointed. The initial members of the commission shall serve staggered terms. Vacancies shall be filled in the same manner and for the unexpired terms. The members of the commission shall serve without compensation, but shall be reimbursed for necessary travel and other necessary expenses.

SB 104, relative to regional approaches to instream flow preservation. Environment Committee. Vote 5-0. Inexpedient to Legislate, Senator D'Allesandro for the committee.

SB 105, relative to instream flow plan requirements. Environment Committee. Vote 4-1. Ought to Pass, Senator Johnson for the committee.

Senator Francoeur moved to have SB 105, relative to instream flow plan requirements, laid on the table.

SB 105, relative to instream flow plan requirements.

HB 141-L, relative to regulation of junk yards. Environment Committee. Vote 5-0. Ought to pass with amendment, Senator Below for the committee.

2002-2191s

08/09

Amend the bill by replacing section 5 with the following:

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

2002-2191s

AMENDED ANALYSIS

This amendment changes the effective date from January 1, 2002 to July 1, 2002.

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

SB 79, relative to plumber's licenses. Executive Departments and Administration Committee. Vote 4-0. Interim Study, Senator Francoeur for the committee.

SB 162-FN, relative to privatization contracts for public service. Executive Departments and Administration Committee. Vote 3-2. Inexpedient to Legislate, Senator Prescott for the committee.

SB 171-FN, relative to the negotiation of cost items within the public employee collective bargaining process and relative to computation of leave for state police employees injured in the line of duty. Executive Departments and Administration Committee. Vote 5-0. Inexpedient to Legislate, Senator Flanders for the committee.

SB 187-FN, requiring the state to pay for an independent appraiser in eminent domain proceedings. Executive Departments and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator Flanders for the committee.

2002-2288s

08/09

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

2 New Section; Eminent Domain Procedure Act; Responsibility of State to Hire Independent Appraiser. Amend RSA 498-A by inserting after section 4 the following new section:

498-A:4-a Hiring of Appraiser; State Responsibility. If any interest in property is to be taken by the state through its eminent domain power, the state shall pay for the reasonable cost of a qualified appraiser chosen by the property owner and who is licensed to practice in the state of New Hampshire, to provide the property owner with an objective appraisal of the property to be taken. Such appraiser shall be independent from, and not under contract to the state or the department or agency responsible for initiating the eminent domain proceeding.

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

Senator Boyce moved to have SB 187-FN, requiring the state to pay for an independent appraiser in eminent domain proceedings, laid on the table.

SB 187-FN, requiring the state to pay for an independent appraiser in eminent domain proceedings.

HB 206-FN-A, establishing an equipment depository and disabled person's employment fund in the department of administrative services. Executive Departments and Administration Committee. Vote 5-0. Inexpedient to Legislate, Senator Larsen for the committee.

HB 448, relative to procedures for crews and provision of counseling services following a railway accident. Executive Departments and Administration Committee. Vote 3-2. Inexpedient to Legislate, Senator Prescott for the committee.

HB 193, establishing a committee to study state payments for court-ordered placements of special education pupils. Finance Committee. Vote 4-0. Ought to pass with amendment, Senator Barnes for the committee.

2002-2215s

04/09

Amend the bill by replacing section 2 with the following:

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

Senator Boyce moved to have HB 193, establishing a committee to study state payments for court-ordered placements of special education pupils, laid on the table.

HB 193, establishing a committee to study state payments for court-ordered placements of special education pupils.

HB 317-FN, revising the New Hampshire Aeronautics Act. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

SB 52, relative to liquor liability insurance coverage. Insurance Committee. Vote 5-0.

Ought to pass with amendment, Senator Hollingworth for the committee.

2002-2186s

03/09

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

Amend RSA 178:2-a as inserted by section 1 of the bill by replacing it with the following:

178:2-a Insurance for Liquor Liability.

I. If the commission finds that a licensee or applicant has violated RSA 179:5 under circumstances not involving enforcement activity initiated solely for the purpose of verifying noncompliance with RSA 179:5, the commission may require, as a condition of the issuance, renewal, or reinstatement of any license that the licensee or applicant furnish sufficient security for liquor liability of the licensee of up to a limit of $100,000 for any one person and $300,000 for all persons per incident. Such security may be provided by:

(a) A continuous certificate of an insurance company or surety company authorized to transact business in this state, attesting to such coverage, which shall remain in effect unless cancelled or non-renewed in accordance with RSA 417-C, with a copy of notice of cancellation or non-renewal provided to the commission; or

(b) The deposit with the commission of money or securities satisfactory to the commission. Such securities shall be of a type which may be legally purchased by a savings bank or trust funds. Money or securities so deposited shall be subject to execution to satisfy judgment for liquor liability, but otherwise shall not be subject to attachment or execution.

II. The commission shall adopt rules, pursuant to RSA 541-A, relative to procedures and criteria necessary for a certificate of insurance for liquor liability to be required for the issuance of a liquor license.

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

2 New Subparagraph; Liquor Licenses and Fees; Training Required; One-Day License. Amend RSA 178:2, IV by inserting after subparagraph (a) the following new subparagraph:

(b) Prior to the effective date of a one-day license, the training program shall be attended by a management representative of the applicant.

2002-2186s

AMENDED ANALYSIS

This bill permits the liquor commission to require, as a condition of the issuance, renewal, or reinstatement of any license that the licensee or applicant provide security for liquor liability of the licensee if the licensee or applicant has violated the prohibition on serving minors or intoxicated persons. This bill also requires that a management representative of an applicant for a one-day liquor license attend a training program prior to the effective date of the license.

SB 127, relative to stress-related injuries under workers' compensation. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Francoeur for the committee.

HB 295-FN, relative to medicaid recoveries from third party settlements. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Flanders for the committee.

2002-2192s

05/04

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

1 Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children; Recovery of Assistance; Medicaid Recoveries from Third Party Settlements. Amend RSA 167:14-a, III to read as follows:

III. The state medical assistance program is the payor of last resort and shall provide medical coverage only when there are no other available resources. Whenever a recipient of medical assistance shall receive a settlement or an award from a liable third person or party, such recipient shall repay the amount of medical assistance furnished by the state to the extent that the amount of the recovery makes repayment possible. If a recipient of medical assistance receives a settlement or an award from a third party, the settlement or award is subject to disbursement as provided in [paragraph] paragraphs III-a and IV.[ No attorneys’ fees shall be deducted from the amount due the state from such award or settlement.]

2 New Paragraph; Public Assistance; Medicaid Recoveries from Third Party Settlements; Priority of Claims. Amend RSA 167:14-a by inserting after paragraph III the following new paragraph:

III-a. The commissioner of health and human services may recover the full amount of medical assistance furnished by the state if there are proceeds available for such recovery after the deduction of reasonable attorneys’ fees, litigation costs, claims by other creditors, and 10 percent of the remaining net settlement amount for the recipient of medical assistance. Any balance remaining after the state has recovered the full amount due shall be available to the recipient of medical assistance. No attorneys’ fees shall be deducted from the amount due the state from such award or settlement.

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

2002-2192s

AMENDED ANALYSIS

This bill provides that, when medicaid recipients receive third party financial settlements, the department of health and human services may recover the full cost of medical assistance furnished by the state to the extent there are proceeds available for such recovery after the payment of certain other claims, including reasonable attorneys fees and costs and the claims of other creditors.

This bill is a request of the department of health and human services.

HB 690, relative to disclosure of nonpublic personal health information. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Hollingworth for the committee.

SB 1, apportioning state senate districts. Internal Affairs Committee. Vote 3-2. Ought to pass with amendment, Senator Boyce for the committee.

2002-2268s

03/10

Amend the bill by replacing section 1 with the following:

1 State Senate Districts. RSA 662:3 is repealed and reenacted to read as follows:

662:3 State Senate Districts. The state is divided into 24 districts for the choosing of state senators, each of which may elect one senator. The districts shall be constituted as follows:

I. Senatorial district number 1 is constituted of Coos county and Bartlett, Bethlehem, Chatham, Easton, Franconia, Hart’s Location, Jackson, Landaff, Lincoln, Lisbon, Littleton, Livermore, Lyman, Monroe, Sugar Hill, and Woodstock.

II. Senatorial district number 2 is constituted of Alexandria, Ashland, Bath, Belmont, Benton, Bridgewater, Bristol, Campton, Dorchester, Ellsworth, Groton, Haverhill, Hebron, Hill, Holderness, New Hampton, Northfield, Orford, Piermont, Plymouth, Rumney, Sanbornton, Thornton, Tilton, Warren, Waterville Valley, and Wentworth.

III. Senatorial district number 3 is constituted of Albany, Center Harbor, Conway, Eaton, Effingham, Freedom, Hale’s Location, Laconia, Madison, Meredith, Moultonborough, Ossipee, Sandwich, Tamworth, and Tuftonboro.

IV. Senatorial district number 4 is constituted of Allenstown, Alton, Barnstead, Chichester, Epsom, Gilford, Gilmanton, Loudon, New Durham, Pembroke, Pittsfield, and Strafford.

V. Senatorial district number 5 is constituted of Alstead, Charlestown, Claremont, Cornish, Hanover, Langdon, Lebanon, Lyme, Plainfield, and Walpole.

VI. Senatorial district number 6 is constituted of Brookfield, Farmington, Middleton, Milton, Rochester, Wakefield, and Wolfeboro.

VII. Senatorial district number 7 is constituted of Antrim, Bennington, Bow, Deering, Dunbarton, Francestown, Goffstown, Hancock, Henniker, Hillsborough, Weare, and Windsor.

VIII. Senatorial district number 8 is constituted of Acworth, Andover, Bradford, Canaan, Croydon, Danbury, Enfield, Franklin, Goshen, Grafton, Grantham, Lempster, New London, Newbury, Newport, Orange, Salisbury, Springfield, Sunapee, Sutton, Unity, Warner, Washington, and Wilmot.

IX. Senatorial district number 9 is constituted of Bedford, Merrimack, Mont Vernon, and New Boston.

X. Senatorial district number 10 is constituted of Chesterfield, Gilsum, Hinsdale, Keene, Marlborough, Marlow, Nelson, Richmond, Roxbury, Stoddard, Sullivan, Surry, Swanzey, Troy, Westmoreland, and Winchester.

XI. Senatorial district number 11 is constituted of Dublin, Fitzwilliam, Greenfield, Greenville, Harrisville, Jaffrey, Lyndeborough, Mason, Milford, New Ipswich, Peterborough, Rindge, Sharon, Temple, and Wilton.

XII. Senatorial district number 12 is constituted of wards 1, 2, and 5 in Nashua, and Amherst, Brookline, and Hollis.

XIII. Senatorial district number 13 is constituted of wards 3, 4, 6, 7, and 9 in Nashua.

XIV. Senatorial district number 14 is constituted of ward 8 in Nashua, and Hudson, Litchfield, and Pelham.

XV. Senatorial district number 15 is constituted of Boscawen, Canterbury, Concord, Hopkinton, and Webster.

XVI. Senatorial district number 16 is constituted of wards 1, 2, and 12 in Manchester, and Auburn, Candia, Chester, and Hooksett.

XVII. Senatorial district number 17 is constituted of Brentwood, Danville, Deerfield, Epping, Fremont, Newfields, Northwood, Nottingham, Raymond, Sandown, and Stratham.

XVIII. Senatorial district number 18 is constituted of wards 5, 7, and 8, in Manchester, and Londonderry.

XIX. Senatorial district number 19 is constituted of Derry, Hampstead, Kingston, Newton, and South Hampton.

XX. Senatorial district number 20 is constituted of wards 3, 4, 6, 9, 10, and 11 in Manchester.

XXI. Senatorial district number 21 is constituted of Durham, Greenland, Lee, Newington, Newmarket, and Portsmouth.

XXII. Senatorial district number 22 is constituted of Atkinson, Plaistow, Salem, and Windham.

XXIII. Senatorial district number 23 is constituted of Barrington, Dover, Madbury, Rollinsford, and Somersworth.

XXIV. Senatorial district number 24 is constituted of East Kingston, Exeter, Hampton, Hampton Falls, Kensington, New Castle, North Hampton, Rye, and Seabrook.

Senator Boyce moved to have SB 1, apportioning state senate districts, laid on the table.

SB 1, apportioning state senate districts.

SB 3, apportioning congressional districts. Internal Affairs Committee. Vote 3-2. Ought to pass with amendment, Senator Boyce for the committee.

2002-2269s

03/01

Amend the bill by replacing section 1 with the following:

1 U. S. Representative Districts. RSA 662:1 is repealed and reenacted to read as follows:

662:1 U. S. Representative Districts. The state is divided into 2 districts for the choosing of representatives in the congress of the United States. Each district may elect one representative. The districts shall be constituted as follows:

I. The first district is constituted of:

(a) The counties of

(1) Carroll, and

(2) Strafford; and

(b) In the county of Belknap, the towns and city of

(1) Alton,

(2) Barnstead,

(3) Belmont,

(4) Center Harbor,

(5) Gilford,

(6) Gilmanton,

(7) Laconia,

(8) Meredith, and

(9) New Hampton; and

(c) In the county of Hillsborough, the towns and city of

(1) Bedford,

(2) Goffstown,

(3) Manchester, and

(4) Merrimack; and

(d) In the county of Merrimack, the town of

(1) Hooksett; and

(e) In the county of Rockingham, the towns and city of

(1) Auburn,

(2) Brentwood,

(3) Candia,

(4) Chester,

(5) Danville,

(6) Deerfield,

(7) Derry,

(8) East Kingston,

(9) Epping,

(10) Exeter,

(11) Fremont,

(12) Greenland,

(13) Hampstead,

(14) Hampton,

(15) Hampton Falls,

(16) Kensington,

(17) Kingston,

(18) Londonderry,

(19) New Castle,

(20) Newfields,

(21) Newington,

(22) Newmarket,

(23) Newton,

(24) North Hampton,

(25) Northwood,

(26) Nottingham,

(27) Plaistow,

(28) Portsmouth,

(29) Raymond,

(30) Rye,

(31) Sandown,

(32) Seabrook,

(33) South Hampton, and

(34) Stratham.

II. The second district is constituted of:

(a) The counties of

(1) Cheshire,

(2) Coos,

(3) Grafton, and

(4) Sullivan; and

(b) In the county of Belknap, the towns of

(1) Sanbornton, and

(2) Tilton; and

(c) In the county of Hillsborough, the towns and city of

(1) Amherst,

(2) Antrim,

(3) Bennington,

(4) Brookline,

(5) Deering,

(6) Francestown,

(7) Greenfield,

(8) Greenville,

(9) Hancock,

(10) Hillsborough,

(11) Hollis,

(12) Hudson,

(13) Litchfield,

(14) Lyndeborough,

(15) Mason,

(16) Milford,

(17) Mont Vernon,

(18) Nashua,

(19) New Boston,

(20) New Ipswich,

(21) Pelham,

(22) Peterborough,

(23) Sharon,

(24) Temple,

(25) Weare,

(26) Wilton, and

(27) Windsor; and

(d) In the county of Merrimack, the towns and cities of

(1) Allenstown,

(2) Andover,

(3) Boscawen,

(4) Bow,

(5) Bradford,

(6) Canterbury,

(7) Chichester,

(8) Concord,

(9) Danbury,

(10) Dunbarton,

(11) Epsom,

(12) Franklin,

(13) Henniker,

(14) Hill,

(15) Hopkinton,

(16) Loudon,

(17) Newbury,

(18) New London,

(19) Northfield,

(20) Pembroke,

(21) Pittsfield,

(22) Salisbury,

(23) Sutton,

(24) Warner,

(25) Webster, and

(26) Wilmot; and

(e) In the county of Rockingham, the towns of

(1) Atkinson,

(2) Salem, and

(3) Windham.

Senator Boyce moved to have SB 3, apportioning congressional districts, laid on the table.

SB 3, apportioning congressional districts.

CACR 5, relating to the rulemaking authority of the supreme court. Providing that supreme court may adopt rules that have the force and effect of law, and that the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court, and that in the event of a conflict between a statute and a rule, the statute, if otherwise valid, shall supersede the rule. Judiciary Committee. Vote 3-1. Ought to pass with amendment, Senator Gordon for the committee.

2002-2150s

06/01

Amend the resolution by replacing paragraph I with the following:

I. That article 73-a of the second part of the constitution be repealed and reenacted to read as follows:

[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. Notwithstanding part I, article 37, the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court. In the event of a conflict between a statute and a rule, the statute, if not contrary to the provisions of this constitution, shall supersede the rule.

Amend the resolution by replacing paragraph IV with the following:

IV. That the wording of the question put to the qualified voters shall be:

"Are you in favor of amending article 73-a of the second part of the constitution to read as follows:

[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. Notwithstanding part I, article 37, the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court. In the event of a conflict between a statute and a rule, the statute, if not contrary to the provisions of this constitution, shall supersede the rule."

2002-2150s

AMENDED ANALYSIS

This constitutional amendment concurrent resolution provides that the supreme court may adopt rules that have the force and effect of law, and that the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court. The resolution also provides that in the event of a conflict between a statute and a rule, the statute, if not contrary to the provisions of this constitution, shall supersede the rule.

Senator Fernald offered a floor amendment.

2002-2315s

04/10

Floor Amendment to CACR 5

Amend the resolution by replacing paragraph I with the following:

I. That article 73-a of the second part of the constitution be repealed and reenacted to read as follows:

[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may regulate rules of practice, procedure, and evidence in all courts in the state by statute and may accept or reject any rule adopted by the supreme court. In the event of a conflict between a statute and a rule, the statute, if not contrary to the provisions of this constitution, shall supersede the rule. The general court may also establish by statute a committee or committees to review judges and to determine their compliance with any rules governing judicial conduct.

Amend the resolution by replacing paragraph IV with the following:

IV. That the wording of the question put to the qualified voters shall be:

"Are you in favor of amending article 73-a of the second part of the constitution to read as follows:

[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may regulate rules of practice, procedure, and evidence in all courts in the state by statute and may accept or reject any rule adopted by the supreme court. In the event of a conflict between a statute and a rule, the statute, if not contrary to the provisions of this constitution, shall supersede the rule. The general court may also establish by statute a committee or committees to review judges and to determine their compliance with any rules governing judicial conduct."

2002-2315s

AMENDED ANALYSIS

This constitutional amendment concurrent resolution provides that the supreme court may adopt rules that have the force and effect of law, and that the general court may regulate rules of practice, procedure, and evidence in all courts in the state by statute and may accept or reject any rule adopted by the supreme court. The resolution also provides that in the event of a conflict between a statute and a rule, the statute, if not contrary to the constitution, shall supersede the rule, and that the general court may establish a committee by statute to review judges and determine their compliance with rules governing judicial conduct.

Senator Fernald offered a floor amendment.

2002-2321s

04/09

Floor Amendment to CACR 5

Amend the resolution by replacing paragraph I with the following:

I. That article 73-a of the second part of the constitution be repealed and reenacted to read as follows:

[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may regulate rules of practice, procedure, and evidence in all courts in the state by statute and may accept or reject any such rule adopted by the supreme court. In the event of a conflict between a statute and a rule, the statute, if not contrary to the provisions of this constitution, shall supersede the rule. The general court may also establish by statute a committee or committees to review judges and to determine their compliance with any rules governing judicial conduct.

Amend the resolution by replacing paragraph IV with the following:

IV. That the wording of the question put to the qualified voters shall be:

"Are you in favor of amending article 73-a of the second part of the constitution to read as follows:

[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may regulate rules of practice, procedure, and evidence in all courts in the state by statute and may accept or reject any such rule adopted by the supreme court. In the event of a conflict between a statute and a rule, the statute, if not contrary to the provisions of this constitution, shall supersede the rule. The general court may also establish by statute a committee or committees to review judges and to determine their compliance with any rules governing judicial conduct."

2002-2321s

AMENDED ANALYSIS

This constitutional amendment concurrent resolution provides that the supreme court may adopt rules that have the force and effect of law, and that the general court may regulate rules of practice, procedure, and evidence in all courts in the state by statute and may accept or reject any rule adopted by the supreme court. The resolution also provides that in the event of a conflict between a statute and a rule, the statute, if not contrary to the constitution, shall supersede the rule, and that the general court may establish a committee by statute to review judges and determine their compliance with rules governing judicial conduct.

Senator McCarley moved to have CACR 5, relating to the rulemaking authority of the supreme court. Providing that supreme court may adopt rules that have the force and effect of law, and that the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court, and that in the event of a conflict between a statute and a rule, the statute, if otherwise valid, shall supersede the rule, laid on the table.

Senator Gordon offered a floor amendment.

2002-2322s

06/01

Floor Amendment to CACR 5

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

I. That article 73-a of the second part of the constitution be repealed and reenacted to read as follows:

[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicative functions for which the courts were created. In the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution.

II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2002.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2002 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2001 session of the general court shall be approved.

IV. That the wording of the question put to the qualified voters shall be:

"Are you in favor of amending article 73-a of the second part of the constitution to read as follows:

[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicative functions for which the courts were created. In the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution."

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments Proposed by the 2001 General Court" shall be printed in bold type at the top of the ballot.

VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

2002-2322s

AMENDED ANALYSIS

This constitutional amendment concurrent resolution provides that the supreme court may adopt rules that have the force and effect of law, and that the general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicative functions for which the courts were created. The resolution also provides that in the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution.

Senator Francoeur moved to have CACR 5, relating to the rulemaking authority of the supreme court. Providing that supreme court may adopt rules that have the force and effect of law, and that the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court, and that in the event of a conflict between a statute and a rule, the statute, if otherwise valid, shall supersede the rule, laid on the table.

CACR 5, relating to the rulemaking authority of the supreme court. Providing that supreme court may adopt rules that have the force and effect of law, and that the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court, and that in the event of a conflict between a statute and a rule, the statute, if otherwise valid, shall supersede the rule.

HB 134, permitting challenges to judges. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-2249s

09/01

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

AN ACT establishing a pilot program in the superior and district courts of Merrimack county which allows each party in a civil case one challenge to the justice assigned to the case.

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

1 Pilot Program in the Superior and District Courts of Merrimack County to Permit Judicial Challenges by Parties in Civil Cases.

I. A pilot program in the superior and district courts of Merrimack county is established to allow each party in a civil case one challenge to the justice, or marital master, assigned to the case.

II. Under this pilot program, each party to any civil case before the superior court or a district court in Merrimack county may request that one justice of the court, or one marital master in a case that may be heard by a marital master, not be assigned to the case. Such request shall be filed with the court within 30 days of the return date in any civil case. Upon timely filing of such a request, the clerk of the court shall not schedule the case in question with the justice or marital master named in the request.

2 Legislative Oversight Committee.

I. There is established a legislative oversight committee to study and make recommendations on the pilot program, established in section 1 of this act, allowing judicial challenges by parties in civil cases in the superior and district courts of Merrimack county.

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

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

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

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

III. The legislative oversight committee shall study the pilot program allowing judicial challenges by parties in civil cases in the superior and district courts of Merrimack county.

IV. The members of the legislative oversight committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held prior to October 1, 2003.

V. The legislative oversight committee shall report its findings and any recommendations for proposed legislation, including any recommendations for the continuation and expansion of the pilot program, to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, the administrative justice of the district courts, the chief justice of the superior courts, and the state library on or before January 1, 2004.

3 Repeal. Sections 1 and 2 of this act, relative to the pilot program on judicial challenges in the superior and district courts of Merrimack county and the legislative oversight committee, are repealed.

4 Effective Date.

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

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

2002-2249s

AMENDED ANALYSIS

This bill establishes a pilot program in the superior and district courts of Merrimack 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 Pignatelli moved to have HB 134, permitting challenges to judges, laid on the table.

Senator McCarley moved to have HB 134, permitting challenges to judges, laid on the table.

HB 134, permitting challenges to judges.

HB 180-FN, relative to criminal neglect of elderly, disabled, or impaired adults. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.

2002-2255s

04/10

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

1 New Section; Criminal Neglect of Elderly, Disabled, or Impaired Adults. Amend RSA 631 by inserting after section 7 the following new section:

631:8 Criminal Neglect of Elderly, Disabled, or Impaired Adults.

I. In this section:

(a) "Adult" means any person who is 18 years of age or older.

(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 acting in a fiduciary capacity.

(c) "Disabled adult" means an adult who has a diagnosed physical or mental impairment.

(d) "Elderly adult" means an individual who is 60 years of age or older.

(e) "Impaired adult" means any adult who suffers from an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, memory loss, or other cause, that causes an adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the adult’s person or property or to be substantially impaired in the adult’s ability to provide adequately for his or her own care and custody.

(f) "Neglect" means the failure or omission on the part of the caregiver to provide the care, supervision, and services which he or she has voluntarily, or by contract, or by order of the court agreed to provide and which are necessary to maintain the health of an elderly, disabled, or impaired adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider necessary for the well-being of an elderly, disabled, or impaired adult. "Neglect" may be repeated conduct or a single incident.

(g) "Person" means any natural person, corporation, trust, partnership, unincorporated association, or any other legal entity.

(h) "Serious bodily injury" means serious bodily injury as defined in RSA 625:11, VI.

II. Any caregiver who purposely causes serious bodily injury to an elderly, disabled, or impaired adult by neglect shall be guilty of a class A felony.

III. Any caregiver who knowingly or recklessly causes serious bodily injury to an elderly, disabled, or impaired adult by neglect shall be guilty of a class B felony.

IV. Nothing in this section shall be construed to alter or impair a person’s right to self-determination or right to refuse medical treatment as described in RSA 151:21 and RSA 151:21-b.

V. Nothing in this section shall be construed to mean a person is abused, neglected, exploited, or in need of protective services for the sole reason that such person relies on or is being furnished treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a church or religious denomination of which such person is a member or an adherent.

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 thorough no fault of his or her own, has been unable to provide such care, or on a person who is carrying out the request of an elderly, disabled, or impaired person who is competent to make his or her own decisions.

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

HB 463-FN, relative to protective services to adults. Judiciary Committee. Vote 5-0

Ought to pass with amendment, Senator Gordon for the committee.

2002-2257s

01/09

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

1 Definition Amended; Neglect. Amend RSA 135-C:2, XI to read as follows:

XI. "Neglect" means [a pattern of conduct rather than action or omission which results in deprivation of services that are necessary to maintain minimum mental and physical health] an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of an incapacitated adult.

2 Definitions; Terminology Changed. Amend RSA 161-F:43 to read as follows:

161-F:43 Definitions. In this subdivision:

[I. "Adult"" means any person who is 18 years of age or older who is thought to manifest a degree of incapacity by reason of limited mental or physical function which may result in harm or hazard to himself or others or who is a person unable to manage his estate.

II.] I. "Protective services" means services and action which will, through voluntary agreement or through appropriate court action, prevent neglect, abuse or exploitation of incapacitated adults. Such services shall include, but not be limited to, supervision, guidance, counseling and, when necessary, assistance in the securing of nonhazardous living accommodations, and mental and physical examinations.

[III.] II. "Abuse" means [any act or omission by a person which is not accidental and harms or threatens to harm an incapacitated adult’s physical, mental, or emotional health or safety. The term abuse includes] any one of the following:

(a) "Emotional abuse" means the misuse of power, authority, or both, verbal harassment, or unreasonable confinement which results or could result in the mental anguish or emotional distress of an incapacitated adult.

(b) "Physical abuse" means the use of physical force which results or could result in physical injury to an incapacitated adult.

(c) "Sexual abuse" means contact or interaction of a sexual nature involving an incapacitated adult [who is being used] without his or her informed consent.

[IV.] III. "Neglect" means an act [of] or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional or physical health and safety of an incapacitated adult.

[V.] IV. "Exploitation" means the illegal use of an incapacitated adult’s person or property for another person’s profit or advantage, or the breach of a fiduciary relationship through the use of a person or a person’s property for any purpose not in the proper and lawful execution of a trust, including, but not limited to, situations where a person obtains money, property, or services from an incapacitated adult through the use of undue influence, harassment, duress, deception, or fraud.

[VI.] V. "Serious bodily injury" means any harm to the body which causes or could cause severe, permanent or protracted loss of or impairment to the health or of the function of any part of the body.

[VII.] VI. "Self-neglect" means an act [of] or omission by an incapacitated adult which results or could result in the deprivation of essential services or supports necessary to maintain his or her minimum mental, emotional or physical health and safety.

[VIII.] VII. "Incapacitated" means that the physical, mental, or emotional ability of a person is such that he is unable to manage personal, home, or financial affairs in his own best interest, or he is unable to act or unable to delegate responsibility to a responsible caretaker or caregiver.

3 Clarification of Reporting Requirements. Amend the introductory paragraph of RSA 161-F:46 to read as follows:

Any person, including, but not limited to, physicians, other health care professionals, social workers, clergy, and law enforcement officials, [having reason to believe] suspecting or believing in good faith that any [incapacitated] adult [protected under the provisions of this subdivision] who is or who is suspected to be incapacitated has been subjected to [physical] abuse, neglect, self-neglect, or exploitation or is living in hazardous conditions shall report or cause a report to be made as follows:

4 Immunity From Liability. Amend RSA 161-F:47 to read as follows:

161-F:47 Immunity From Liability. Any person or agency, other than an alleged perpetrator, participating in good faith in the making of a report of an alleged incident of adult abuse, neglect or exploitation, providing information relative to such incident or following a reporting protocol developed jointly with the department shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any [such participant] person or agency providing information in good faith, including materials requested by the department pursuant to RSA 161-F:56, shall have the same immunity with respect to participation in any investigation by the commissioner or his authorized representative or in any judicial proceeding resulting from such report.

5 Duties of the Commissioner. Amend RSA 161-F:51 to read as follows:

161-F:51 Duties and Responsibilities.

I. The commissioner or his or her authorized representative, upon the substantiation of a report of abuse, neglect, or exploitation of an incapacitated adult, shall provide, when necessary, protective services to such adults.

II. The commissioner or his or her authorized representative shall refer all cases of serious bodily injury to an incapacitated adult known or suspected to be the result of abuse, neglect, or exploitation to local law enforcement, the department of justice or to the county attorney for possible criminal prosecution. The commissioner or his or her authorized representative [may] shall also report other cases of abuse, neglect, or exploitation [as he deems appropriate, under procedures to be developed jointly by the department and the attorney general,] to local law enforcement, the department of justice, or [to] the office of the county attorney for possible criminal prosecution if there is reason to believe a crime has been committed.

6 Petition to Probate Court Authorized. Amend RSA 161-F:56 to read as follows:

161-F:56 Access to Information. In the course of an investigation conducted pursuant to this subdivision, the department’s authorized representative may make any inquiries and obtain such information as is necessary to further such investigation. The department’s authorized representative may review and photocopy any books, files, medical records, financial records, photographs or other records on any medium [that pertain to patients, residents, clients or] of an alleged [victims] victim of abuse, neglect, or exploitation. In the event any person or agency refuses to allow the department access to materials necessary to further its investigation, the probate court, upon a finding of probable cause, may order the person or agency to release its records to the department.

7 Access to Files. Amend RSA 161-F:57 to read as follows:

161-F:57 Access to Files; Confidentiality. The files maintained by the department which relate to investigations of alleged instances of abuse, neglect, or exploitation shall be disclosed only with the written consent of the victim, or his guardian or attorney, or if such disclosure is required by court or administrative order. Nothing in this section shall be construed to prohibit the disclosure of information gathered pursuant to an investigation to a service provider as may be necessary to devise or implement a service plan, [or] to a facility and the appropriate licensing authority or authorities for an incident occurring within a facility as defined in RSA 151 to the extent necessary to protect the victim or other facility residents or to comply with state or federal law to local law enforcement, the department of justice, or a county attorney, pursuant to RSA 161-F:51, II or to any court in any proceeding where the welfare of the alleged victim or actions of a fiduciary acting on behalf of an alleged victim are at issue.

8 New Paragraph; Exception Added. Amend RSA 359-C:11 by inserting after paragraph IV the following new paragraph:

V. Subject to the limitations of RSA 359-C:6, the examination by or disclosure to the department of health and human services of financial records requested by the commissioner or his or her authorized representative, pursuant to RSA 161-F:56, for the purpose of investigating a report of alleged abuse, neglect, or exploitation.

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

2002-2257s

AMENDED ANALYSIS

This bill amends the law governing "protection services to adults" to clarify that suspected financial exploitation, as well as abuse, neglect and exploitation, of adults suspected to be incapacitated shall be reported to the department of health and human services and that any person or entity, including a financial institution, providing information to an agent of the department in good faith is immune from liability.

Under this bill, the probate court is authorized to order the release of records needed by the department to further an investigation. This bill also amends the definition of "neglect" governing the mental health services system to make it consistent with the definition of "neglect" in the adult protection law, and authorizes financial institutions to share information with the department for the purpose of investigating a report of suspected abuse, neglect or exploitation.

This bill is a request of the department of health and human services.

HB 466, relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Roberge for the committee.

2002-2158s

09/10

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

1 Supreme Court Justices; Method for Choosing Replacement Justices for Disqualified Justices. RSA 490:3, II and III are repealed and reenacted to read as follows:

II. Upon the retirement, disqualification, or inability to sit of a justice or justices of the supreme court, the chief justice or senior associate justice of the supreme court shall determine, taking into consideration the requirements of RSA 490:7, whether a replacement justice or justices are needed and if so, the number of replacement justices required. The chief justice or senior associate justice may determine that, for purposes of administrative efficiency, a single replacement justice should serve in more than one case during an argument session rather than using different replacement justices during the session. If the determination is made that a replacement justice or justices are needed, the chief justice or senior associate justice shall notify the clerk of the supreme court that a replacement justice or justices will be selected. The following procedure shall be followed in selecting a replacement justice:

(a) The clerk of the supreme court shall request that the chief justice of the superior court prepare a list of at least 4 active superior court justices available and qualified to serve as a replacement justice. The replacement justice shall be chosen by lot by the clerk of the supreme court from the active superior court justices available and qualified to serve.

(b) The lots shall be drawn publicly in the chamber of the supreme court after reasonable notice to the parties.

III. A justice assigned to sit temporarily on the supreme court pursuant to paragraph II of this section shall have all the authority of a supreme court justice to hear arguments, render decisions, and file opinions. No justice shall be assigned to sit on the supreme court in the determination of any cause or matter upon which the justice has previously sat or for which such justice is otherwise disqualified nor without such justice’s consent.

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

Senator Fernald moved to have HB 466, relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases, laid on the table.

HB 466, relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases.

SB 347, establishing a study committee on public building access and the disabled. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

SB 328, establishing a committee to study the establishment of a permit system for vessels registered in another state temporarily using the waters of New Hampshire. Transportation Committee. Vote 5-0. Ought to Pass, Senator O'Neil for the committee.

SB 357, relative to restrictions on the operation of boats. Transportation Committee. Vote 5-0. Inexpedient to Legislate, Senator Gordon for the committee.

SB 173-FN-A, creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the university system of New Hampshire or any of its component institutions. Ways and Means Committee. Vote 4-0. Inexpedient to Legislate, Senator Barnes for the committee.

Senator Francoeur moved to have SB 173-FN-A, creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the university system of New Hampshire or any of its component institutions, laid on the table.

SB 173-FN-A, creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the university system of New Hampshire or any of its component institutions.

SB 177-FN-L, relative to computation of tax increments in municipal economic development and revitalization districts. Ways and Means Committee. Vote 4-0. Ought to Pass, Senator Eaton for the committee.

SB 198-FN-A, expanding the authority of the sweepstakes commission to establish a 2-year pilot program for video lottery games at state liquor stores, and making an appropriation therefor. Ways and Means Committee. Vote 4-0. Ought to pass with amendment, Senator Barnes for the committee.

2002-2228s

08/04

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

AN ACT establishing a gaming oversight authority, and video lottery gaming.

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

1 New Chapter; Gaming Oversight Authority and Video Lottery. Amend RSA by inserting after chapter 287-F the following new chapter:

CHAPTER 287-G

Gaming Oversight Authority and Video Lottery

287-G:1 Definitions. In this chapter:

I. "Centralized data provider" means a provider of centralized gambling data, selected by the gaming oversight authority.

II "Facilities applicant" means the entity, which will participate and apply for a facilities license, as applicable.

III. "Facilities licensee" means an applicant who is issued a license by the gaming oversight authority to provide facilities and support to state operated video lottery locations.

IV. "Facilities license" means the license issued by the gaming oversight authority to a facilities licensee.

V. "Gaming oversight authority" means the authority established by RSA 287-G:2.

VI. "Sweepstakes commission" means the New Hampshire sweepstakes commission as established by RSA 284:21-a.

VII. "Technology provider" means any person or entity which designs, manufactures, installs, distributes, or supplies video lottery machines for lease to the state for conducting video lottery games in accordance with this chapter.

VIII. "Token" means the coin, which is not legal tender, sold by a cashier in a face amount equal to the cash paid by a player for the sole purpose of playing a video lottery machine at a licensed facility, which can be exchanged for cash at the same facility where the video lottery machines are located.

IX. "Video lottery machines" means an electronic, mechanical, or computerized machine licensed by the gaming oversight authority which, upon the insertion of cash or tokens is available to be played where, by chance or skill, or both, the player may receive cash or tokens. Video lottery machines include, but are not limited to, slot machines, video poker machines, and other lottery machines. Video lottery machines shall not include any redemption slot machines and redemption poker machines as defined in RSA 647 or video poker machines or other similar machines used for amusement purposes only.

X. "Video lottery employee" means a person employed by the state in the operation of a video lottery location, including without limitation, cashiers; floormen; machine mechanics; security personnel or inspectors; and supervisors or managers.

XI. "Video lottery location" means a state operated facility authorized by the local community that contains video lottery machines operated in accordance with this chapter.

287-G:2 Gaming Oversight Authority.

I. There is hereby established the New Hampshire gaming oversight authority. The gaming oversight authority shall consist of the commissioner of safety, the commissioner of the department of resources and economic development, and the commissioner of revenue administration, or their respective designees. The commissioner of safety shall serve as the chairperson of the gaming oversight authority.

II. The gaming oversight authority or designee shall exclusively establish, staff, manage, and operate video lottery locations at facilities licensed under the provisions of this chapter. The gaming oversight authority or designee shall operate the video lottery locations at a facility provided by the facilities licensee which contains non-gaming resources such as, dining, liquor, hotel, and any other support resource approved by the gaming oversight authority. The facilities licensee shall, at a minimum, provide and pay for heat, electricity, water, sewer, and maintenance for which the facilities licensee shall receive remuneration pursuant to RSA 287-G:14, III.

III. No license shall be issued to any person under this chapter without the approval of the gaming oversight authority. The gaming oversight authority shall issue licenses only after completion of the investigations set forth in this chapter. All license applications shall be approved or denied no later than 180 days from the date of application. No license issued under the provisions of this chapter shall be assigned, transferred or sold.

IV. The gaming oversight authority shall have general responsibility for the implementation of this chapter and shall adopt rules under RSA 541-A relative to:

(a) Hearing and deciding all license applications or recommendations for the suspension or revocation of any license.

(b) Conducting all investigations required with regard to the application, suspension, or revocation of any licensee or applicant.

(c) Conducting hearings pertaining to administrative violations or rules and collecting all penalties assessed under the provisions of this chapter.

(d) Establishing standards and a reasonable fee structure for the licensing and renewal of licenses for facilities.

(e) Establishing standards and a reasonable fee structure for the licensing and renewal of licenses for technology providers.

(f) Establishing technical standards for approval of video lottery machines, including mechanical and electrical reliability and security against tampering, as it may deem necessary to protect the public from fraud or deception and to ensure the integrity of operation.

(g) Establishing criteria for licensing, suspension, and revocation.

(h) Such other rules that may be necessary to implement this chapter.

V. The gaming oversight authority shall have the authority to issue subpoenas and compel the attendance of witnesses, to administer oaths, and require testimony of witnesses under oath.

VI. Pending the adoption of rules under RSA 541-A, and notwithstanding RSA 541-A:2, the gaming oversight authority shall adopt interim rules including provisions for the publication of public notice of the period of time for the submission of facilities license applications and after public hearing and within 60 days of the effective date of this chapter. Such interim rules shall automatically expire upon the adoption of rules under RSA 541-A.

VII. No later than March 31 in each calendar year, the gaming oversight authority shall provide a report to the fiscal committee of the general court, regarding the operation of video lottery machines. Such report shall include any recommendations for legislation and any community concerns.

VIII. (a) The gaming oversight authority shall make and keep records of all proceedings of its public meetings. A copy of the transcript shall be made available to any person upon request and payment of the costs of preparing a copy.

(b) The gaming oversight authority shall keep and maintain a list of all license applicants and a record of all actions taken with respect to each applicant. A file and record of the actions by the gaming oversight authority shall be open to public inspection provided, however, that the information regarding any applicant whose license or registration has been denied, revoked, or not renewed shall be removed from such list after 5 years from the date of such action.

(c) The gaming oversight authority shall maintain such other files and records as it deems necessary. All records maintained by the gaming oversight authority may be maintained in digital format or other technology, provided that such information is capable of being produced in written form.

(d) All information and data obtained by the gaming oversight authority shall be confidential and shall not be revealed in whole or in part except as otherwise provided by law, or upon the lawful order of a court of competent jurisdiction, or with the approval of the attorney general, to a duly authorized law enforcement agency.

(e) Notice of the contents of any information or data released, except to a duly authorized law enforcement agency pursuant to subparagraph (d), shall be given to any applicant, registrant, or licensee in a manner prescribed by the rules adopted by the gaming oversight authority.

IX. The gaming oversight authority may contract for and procure financial, economic, or security consultants and any other technical and professional services as the authority deem necessary.

287-G:3 Restrictions. No member or employee of the gaming oversight authority, the sweepstakes commission, the department of revenue administration, the department of resources and economic development, or the department of safety shall have a fiduciary interest in any technology provider, facilities licensee, or centralized data provider.

287-G:4 Licensure of Technology Provider and Centralized Data Provider. No technology provider or centralized data provider shall engage in the business of providing, installing, or repairing video lottery machines used in this program without a license issued by the gaming oversight authority.

287-G:5 Restriction on Technology and Centralized Data Provider. No technology provider or centralized data provider or their employees shall be entitled to operate video lottery machines within the state.

287-G:6 Restriction of Minors.

I. No person under the age of 21 shall play a video lottery machine authorized by this chapter.

II. No member or employee of any video lottery location, the sweepstakes commission, department of safety, the attorney general’s office, or the gaming oversight authority shall knowingly permit a person under the age of 21 to play or participate in any aspect of the playing of a video lottery machine.

III. Each violation of this section shall be punishable by a fine of no more than $1,000 and shall be payable by such person who violates paragraph I.

IV. Each violation of this section shall be punishable by a fine of no more than $1,000 and shall be payable by the employee or operator licensee that is found to have violated paragraph II.

287-G:7 Penalty for Tampering or Manipulating. Any person who, with the intent to manipulate the outcome, payoff, or operation of a video lottery machine, manipulates the outcome, payoff, or operation of any video lottery machine by physical, electronic, or mechanical means, shall be guilty of a class B felony.

287-G:8 Video Lottery Machine Requirements.

I. No video lottery machine shall be used to conduct gaming unless it is identical in all electrical, mechanical, and other aspects to a model, which has been specifically tested and licensed for use by the sweepstakes commission.

II. All video lottery machines in operation shall pay out at least 87 percent on an annual basis.

III. The gaming oversight authority shall establish the days and hours of operation of video lottery locations and shall not be restricted by the facilities licensee.

287-G:9 Licenses; Number of Video Lottery Machines.

I. In the initial 12 months from the effective date of this chapter, the number of video lottery machines statewide shall be limited to 3,500 to be distributed at the discretion and judgment of the gaming oversight authority, but in no case shall a single location have more than 800 machines or fewer than 300 machines.

II. Beginning 12 months after the effective date of this chapter, the gaming oversight authority may increase or decrease the number of video lottery machines present at a facilities licensee location, although the total number of machines statewide may not exceed 5,500 and no video lottery location shall possess more than 25 percent of the total number of statewide machines. The determination shall be made after careful and due consideration of the economic conditions, including but not limited to, the performance of a particular facilities licensee location that is operating video lottery machines, the present market conditions, and seasonal increases in tourism.

III. The gaming oversight authority shall issue not more than a total of 8 facilities licenses in the state of New Hampshire. Eligibility shall be based on, but not limited to the following:

(a) Evidence provided by the applicant that the applicant has received any required local approval.

(b) Regional location of prospective facilities licensee.

(c) A detailed economic plan, filed with the gaming oversight authority, for the municipality and the surrounding region where the prospective facilities licensee is located with supporting documentation to explain the following:

(1) Unemployment in the area.

(2) Direct and indirect employment gain.

(3) Effect on tourism based economy.

(4) Effect on regional economic development.

(5) Tourist trends.

(d) A business plan, filed with the gaming oversight authority, to support video lottery machines.

(e) Qualifications of those persons who own or manage the prospective facilities licensee facility.

(f) Regional population.

(g) Vehicle traffic.

(h) Total square footage of the facility and total acreage of such facility.

(i) Availability of suitable infrastructure.

(j) Availability of adequate parking.

(k) Other information that the gaming oversight authority may require.

287-G:10 Application and License Requirements.

I. A facilities licensee applicant shall obtain a facilities license from the gaming oversight authority. An applicant shall complete and sign an application on the forms prescribed by the gaming oversight authority. The application shall include the full name, residence, date of birth, and other personal identifying information of the applicant, and if a corporation or other form of business enterprise, the same information shall be provided with respect to each partner, trustee, officer, director, and any shareholder or other holder who owns more than 5 percent of the legal or beneficial interests of such entity. All such business entities shall be registered with the secretary of state.

II. The gaming oversight authority shall refer applications to the attorney general who shall conduct an investigation. The investigation may be conducted through any appropriate state or federal law enforcement system and may seek information as to the applicant’s financial, criminal or business background, or any other information which the attorney general, in his or her sole discretion, may deem relevant to the subject’s fitness to be associated with the ownership or management of the operation of a facilities licensee in New Hampshire, including but not limited to, the subject’s character, personal associations, and the extent to which the subject is properly doing business in the manner in which it purports to operate. The attorney general shall report the results of the investigation to the gaming oversight authority within 90 days after the receipt of the application. Notwithstanding any other law to the contrary, the results of any such investigation shall be confidential and shall not be subject to disclosure or to public inspection.

III. In any investigation conducted pursuant to paragraph II, the attorney general or any duly authorized member of the attorney general’s staff may subpoena the attendance of witnesses and require the production of such correspondence, documents, books and papers as deemed advisable, and for purposes of this section, may administer oaths and take the testimony of witnesses.

287-G:11 Licensure Requirements.

I. No facilities license shall be issued by the gaming oversight authority unless the applicant has proven to the satisfaction of the gaming oversight authority by clear and convincing evidence:

(a) The financial stability based on audited financial statements, integrity, and responsibility, considering, without limitation, bank references, business and personal income and disbursement schedules, tax returns and other reports filed with governmental agencies, and business and personal accounting and check records and ledgers.

(b) The trustworthiness and good reputation of all financial backers, investors, mortgagees, bondholders, and holders of indentures, notes and other evidences of indebtedness of the applicant.

(c) The good character, honesty and integrity, considering, without limitation, information pertaining to reputation, criminal record, business activities, and financial affairs covering at least the 10 year period immediately preceding the filing of the application.

(d) In addition, no facilities license shall be issued by the gaming oversight authority to any applicant unless the applicant has proven to the satisfaction of the gaming oversight authority by clear and convincing evidence that each director, officer or similar principal employee and each direct or indirect owner satisfies the standards for licensure contained in RSA 287-G:10.

(e) The gaming oversight authority may, in its discretion, waive the qualification requirement for any such person who is not significantly involved in the activities of the applicant, does not have the ability to significantly influence or control the applicant, or for other good cause, only when written justification is provided.

(f) Except as provided in this chapter, no person who owns, directly or indirectly, legally or beneficially, 5 percent or less of the equity securities or 50 percent or less of the outstanding debt securities of a publicly traded holding company of an applicant for a facilities license shall be required to be qualified pursuant to the provisions of this section prior to the issuance of such a license to the applicant.

(g) If a facilities licensee has 25 or fewer holders of its equity securities, either directly or indirectly, legally or beneficially, then each such holder shall satisfy the standards of this chapter.

II. No technology provider’s license shall be issued by the gaming oversight authority after recommendation by the sweepstakes commission unless the applicant has demonstrated to the satisfaction of the gaming oversight authority by clear and convincing evidence that it satisfies the standards contained in paragraph I of this section. The sweepstakes commission shall establish the form of application that shall be completed by each applicant for a technology provider’s license. Each technology provider license applicant shall be subject to the investigation set forth in RSA 287-G:10 except that all investigatory reports shall be provided to the sweepstakes commission and the gaming oversight authority.

III. All information and data required by the gaming oversight authority, the sweepstakes commission, or the division of gaming enforcement to be furnished pursuant to this chapter, or which may otherwise be obtained by the gaming oversight authority, the sweepstakes commission, or the division of gaming enforcement in the performance of their duties under this chapter, except information regarding net machine income, shall be considered to be confidential and shall not be revealed in whole or in part except as otherwise provided by law, or upon the lawful order of a court of competent jurisdiction, or with the approval of attorney general, to a duly authorized law enforcement agency.

287-G:12 License and Investigation Fees. A non-refundable license application fee for each class or type of license to be issued under this chapter shall be $150,000.

287-G:13 Term of License. Any facilities license or technology provider’s license issued pursuant to this chapter and any renewal thereof shall be valid for 5 years unless earlier suspended or revoked by the gaming oversight authority.

287-G:14 Distribution of Net Machine Income. Net machine income generated by a facilities licensee shall be distributed and paid as follows:

I. Sixty percent of the annual net revenue shall be deposited in the property tax reduction fund established under RSA 76:3-a.

II. Fifteen percent of the net machine income shall be paid to the department of safety to be used to pay for the establishment and administration of the division of gaming enforcement.

III. Eight percent of the net machine income shall be paid to the facilities licensee as a gross lease.

IV. Six percent of the net machine income shall be paid to the technology provider for the leasing and maintenance of the video lottery machines.

V. Five percent of the net machine income shall go to the school construction and rehabilitation fund established in RSA 287-G:20.

VI. Two and one half percent of the net machine income shall be evenly distributed to the ten counties to help reduce the county tax.

VII. Two percent of the net machine income shall be paid to the centralized data provider to carry out the responsibilities outlined in this chapter.

VIII. One percent of the net machine income shall be paid to the city or town where the facilities licensee facility is located. Revenues will be distributed based on the number of video lottery machines in that location.

IX. One half of one percent of the net machine income shall be deposited in the gambling addiction prevention fund established in RSA 287-G:21.

X. Any unused portion of moneys disbursed pursuant to paragraphs II-IX shall be deposited in the general fund.

287-G:15 Gaming Oversight.

I. The gaming oversight authority or the division of gaming enforcement shall be present at all facilities licensee location at which video lottery machines are operated by the state at all times whether the facility is open to the public or not.

II. The division of gaming enforcement shall be present at all times when a video lottery machine is opened to remove or insert any drop box, hopper, or other mechanism containing money, tokens, or other items of value. The division of gaming enforcement shall be present in the count room at all times that money, tokens or other items of value utilized in video lottery machines are counted.

287-G:16 Penalties.

I. The gaming oversight authority shall have the sole and exclusive authority, following appropriate hearings and factual determinations, to impose penalties against any person for any violation of this chapter or any rule of the gaming oversight authority or the sweepstakes commission, adopted under the provisions of this chapter.

II. The gaming oversight authority shall have the authority to impose penalties upon any person for any violation of this chapter or the rules of the gaming oversight authority as follows:

(a) Revocation or suspension of a license.

(b) Administrative penalties as may be necessary to punish misconduct and to deter future violations, which penalties may not exceed $50,000 for each violation.

(c) Order restitution of any moneys or property unlawfully obtained or retained by a person.

(d) Issue a cease and desist order, which specifies the conduct, which is to be discontinued, altered, or implemented by the person.

(e) Issue letters of reprimand or censure, which letters shall be made a permanent part of the file of each person so sanctioned.

(f) Impose any sanctions provided in this paragraph individually or in combination.

III. In determining appropriate sanctions in a particular case, the gaming oversight authority shall consider:

(a) The risk to the public and to the integrity of the video lottery machine operations.

(b) The seriousness of the conduct of the person and whether the conduct was purposeful or with knowledge that it was in contravention of the provisions of this chapter or the rules of the gaming oversight authority.

(c) Any mitigating circumstances for such conduct.

(d) The prior history of the person involved.

(e) The corrective action taken by the person to prevent future misconduct of a like nature from occurring.

(f) In the case of a monetary penalty, the amount of the penalty in relation to the severity of the misconduct and the financial means of the person.

(g) Notwithstanding the foregoing, in the event that a person receives 2 administrative penalties each in the amount of $50,000 during the term of such person’s license, the gaming oversight authority shall either revoke the license for the balance of the term of the license or suspend such license for a period of 60 days, as determined by the gaming oversight authority.

287-G:17 Procedures for Adoption by Local Community.

I. Any town or city in which a facilities licensee location is situated may adopt the provisions of RSA 287-G, to allow the operation of electronic games of chance, in the following manner:

(a) In a town, the question shall be placed on the warrant of a special or annual town meeting under the procedures set out in RSA 39:3, and shall be voted on a ballot; provided, however, if the question is placed on the warrant at a special town meeting, it shall be the only question at such special town meeting. In a city, the legislative body may vote to place the question on the official ballot for any regular municipal election, or, in the alternative, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters.

(b) The selectmen, aldermen, or city council shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.

(c) The wording of the question shall be substantially as follows: "Shall we adopt the provisions of RSA 287-G, allowing the operation of electronic games of chance at the licensed facility located within the town and operated by the state?"

II. If a majority of those voting on the question vote "Yes," RSA 287-G shall apply within the city or town.

III. If the question is not approved, the question may later be voted upon according to the provisions of paragraph I, provided, however, that the town may consider the question at no more than one special town meeting and the annual town meeting in the same calendar year.

IV. Alternatively, the selectmen or city council may themselves adopt the provisions of RSA 287-G with a 60 percent majority vote.

287-G:18 Declaration of Limited Exemption. Pursuant to section 2 of an act of Congress of the United States entitled "An act to prohibit transportation of gambling devices in interstate and foreign commerce," approved January 2, 1951, being Chapter 1194, 64 Stat. 1134, and also designated as 15 U.S.C. sections 1171-1177, the state of New Hampshire, acting by and through the duly elected and qualified members of its legislature, does hereby, in accordance with and in compliance with the provisions of that section 2 of that act of Congress, declare and proclaim that section 2 of that act of Congress shall not apply to any gambling device in this state where the transportation of such a device is specifically authorized by and done in compliance with the provisions of this chapter and any rules adopted pursuant to it, and that any such gambling device transported in compliance with state law and rules shall be exempt from the provisions of that act of Congress.

287-G:19 Legal Shipment of Gaming Devices into New Hampshire. All shipments into this state of gaming devices, the registering, recording and labeling of which has been duly made by the manufacturer or dealer in accordance with sections 3 and 4 of an act of Congress of the United States entitled "An act to prohibit transportation of gambling devices in interstate and foreign commerce," approved January 2, 1951, being chapter 1194, 64 Stat. 1134, and also designated as 15 U.S.C. sections 1171-1172, shall be deemed legal shipments into this state.

287-G:20 School Construction and Rehabilitation Fund Established.

I. There is established a school construction and rehabilitation fund in the state treasury. The fund shall only be used for school construction and rehabilitation projects and expenses relating to such projects. The commissioner of the department of education shall adopt rules pursuant to RSA 541-A, relative to disbursement of funds.

II. All fees collected under RSA 287-G:14, V shall be credited to the fund established in paragraph I.

287-G:21 Gambling Addiction Prevention Fund.

I. A gambling addiction prevention fund shall be established in the state treasury. The fund shall only be used for gambling addiction prevention projects and expenses relating to the projects and shall be administered by the department of health and human services. The commissioner of the department of health and human services shall adopt rules relative to the use of funds.

II. All fees collected under RSA 287-G:14, IX shall be credited to the fund established in paragraph I.

287-G:22 Property Tax Reduction Fund. There is hereby established in the office of the state treasurer the property tax reduction fund, which shall be kept separate and distinct from all other funds. Revenue collected under RSA 287-G:14, I shall be deposited in this revolving, non-lapsing fund for the sole purpose of providing reduction of property taxes.

I. The commissioner of revenue administration shall include available moneys in the fund not to exceed $166,000,000 in the education property tax calculation required under RSA 76:8, and the same amount shall be transferred to the education trust fund in lieu of property taxes that would otherwise be collected under RSA 76:3.

II. Any remaining moneys in the fund that exceed the amount referenced in paragraph one shall be deposited in the general fund.

2 Commissioner’s Warrant. Amend RSA 76:8, I to read as follows:

I. The commissioner of revenue administration shall annually calculate the proportion of education property tax to be raised by each municipality by multiplying the uniform education property tax rate by the total equalized value of all property in the municipality as determined under RSA 21-J:3, XIII for the preceding year, except property taxable under RSA 82 or RSA 83-F. The property tax to be raised by each community shall be proportionately reduced by the application of moneys in the education property tax reduction fund pursuant to RSA 287-G:22, I.

3 New Paragraphs; Application of Receipts. Amend RSA 6:12, I by inserting after paragraph (iiii) the following new paragraphs:

(jjjj) Moneys deposited in the school construction and rehabilitation fund established in RSA 287-G:20.

(kkkk) Moneys deposited in the gambling addiction prevention fund established in RSA 287-G:21.

(llll) Moneys deposited in the property tax reduction fund established in RSA 287-G:22.

4 New Section; Sweepstakes Commission Supervision of Gaming Oversight Authority. Amend RSA 284 by inserting after section 21-j the following new section:

284:21-k Duties of the Sweepstakes Commission; Gaming Oversight Authority. The sweepstakes commission shall:

I. Hear and make recommendations to the gaming oversight authority all license applications for technology providers and centralized data providers.

II. Collect all license fees imposed upon any applicant and all taxes imposed by this chapter.

III. Certify net machine income by inspecting records, conducting audits, having its agents on site, or by other reasonable means.

IV. Establish a central computer system at a location designated by the gaming oversight authority linking all video lottery machines to a central mainframe to ensure control over the video lottery machines.

V. Enter into lease agreements with up to 3 technology providers to provide video lottery machines to the state. Lease agreements shall provide that the technology provider supply the quantity and quality of video lottery machines determined by the sweepstakes commission and the gaming oversight authority in a timely and efficient manner, and shall be paid with a percentage of the net machine income, as provided in RSA 287-G:14, IV. The technology provider shall provide all maintenance and service of its video lottery machines at no additional charge or fee to the state. Each agreement shall also provide that the technology provider shall be required to replace 30 percent of its video lottery machines on a yearly basis, based on the machine’s revenue production.

VI. Establish technical standards for approval of video lottery machines, including mechanical and electrical reliability and security against tampering, as it may deem necessary to protect the public from fraud or deception and to ensure the integrity of the operation.

VII. The sweepstakes commission shall have the authority to issue subpoenas and compel the attendance of witnesses, to administer oaths and to require testimony under oath.

VIII. Not later than March 31 in each calendar year of this program, provide a report to the gaming oversight authority and legislative fiscal committee regarding the generation of revenues of video lottery machines.

IX. The sweepstakes commission shall cause to be made and keep a record of all proceedings held at public meetings of the sweepstakes commission. A copy of the transcript shall be made available to any person upon request and payment of the costs of preparing the copy.

X. The sweepstakes commission shall keep and maintain a list of all technology provider applicants and licensed technology providers together with a record of all actions taken with respect to such applicants. A file and record of the actions by the sweepstakes commission shall be open to public inspection provided, however, that the information regarding any applicant whose license or registration has been denied, revoked, or not renewed shall be removed from such list after 5 years from the date of such action.

XI. Maintain such files and records as the sweepstakes commission and gaming oversight authority deem necessary.

XII. All information and data obtained by the sweepstakes commission under this section shall be confidential and shall not be revealed in whole or in part except as otherwise provided by law, or upon the lawful order of a court of competent jurisdiction, or, with the approval of the attorney general, to a duly authorized law enforcement agency.

XIII. Notice of the contents of any information or data released, except to a duly authorized law enforcement agency, shall be given to any applicant, registrant, or licensee in a manner prescribed by the rules adopted by the sweepstakes commission.

XIV. Establish in conjunction with the gaming oversight authority by rules adopted under RSA 541-A, the value of prizes, which may be awarded, and the cost of play for each video lottery game played on a video lottery machine.

XV. Pending the adoption of rules under RSA 541-A, and notwithstanding RSA 541-A:18, the sweepstakes commission shall adopt interim rules after public hearing. Such interim rules shall automatically expire in accordance with RSA 541-A:19.

5 New Paragraph; Attorney General; Temporary or Contract Investigators. Amend RSA 21-M:3 by inserting after paragraph VII the following new paragraph:

VIII. The attorney general may hire temporary investigators or contract for investigatory services to facilitate background investigations required under RSA 287-G, and said investigators may be paid from licensing fees paid under RSA 287-G:12.

6 New Section; Division of Gaming Enforcement. Amend RSA 21-P by inserting after section 8 the following new section:

21-P:8-a Division of Gaming Enforcement.

I. There is hereby established a division of gaming enforcement under the supervision of an unclassified director of gaming enforcement whom shall be responsible for the following functions, in accordance with applicable laws:

(a) Manage, and hire employees for the day-to-day operation of all video lottery locations ensuring the integrity of the program. Gaming enforcement employees shall be assigned to all locations and will be present at all times whether the location is open or closed.

(b) Investigate violations of RSA 284 or RSA 287-G and the rules adopted under the provisions of RSA 284 or RSA 287-G and initiate proceedings before the gaming oversight authority for such violations.

(c) Report the results of any investigation conducted to the sweepstakes commission and the gaming oversight authority.

(d) Participate in any hearing conducted by the sweepstakes commission or gaming oversight authority.

II. The commissioner of safety shall organize the division into such units as the commissioner deems necessary.

7 Compensation of Certain State Officers; Director of Gaming Enforcement. Amend RSA 94:1-a, I by:

Inserting in Grade GG:

Department of safety director of gaming enforcement

8 New Subparagraph; Liquor Sales. Amend RSA 178:20, V by inserting after subparagraph (u) the following new subparagraph:

(v) Facilities License. The commissioner may issue a special license to any person holding a facilities license with respect to a facilities licensee location under the provisions of RSA 287-G. Such special license shall allow the sale of liquor, wine, and beverages in a dining room, function room, gaming room, lounge, or any other area designated by the commissioner, without regard to whether meals are served within, but only during the time video lottery gaming is being conducted under RSA 287-G and pursuant to applicable state law.

9 New Subparagraph; Authorized Video Lottery Games of Chance Machines Not Prohibited. Amend RSA 647:2, V by inserting after subparagraph (c) the following new subparagraph:

Video lottery machines authorized pursuant to RSA 287-G.

10 Contingent Repeal. If a constitutional amendment to the New Hampshire constitution is adopted by the voters at any time subsequent to the effective date of this act providing that the state is not the guarantor of adequate education funding, then sections 1-9 of this act shall be repealed.

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

2002-2228s

AMENDED ANALYSIS

This bill provides for video gambling to be regulated, establishes the division of gaming enforcement, and establishes the gaming oversight authority. This bill determines the disbursement of all proceeds of video gambling with 60 percent of the proceeds being used to reduce the state property tax and provides money for the general fund, and establishes new funds for school construction and rehabilitation, and for gambling addiction and prevention.

Senator Barnes moved to have SB 198-FN-A, expanding the authority of the sweepstakes commission to establish a 2-year pilot program for video lottery games at state liquor stores, and making an appropriation therefor, laid on the table.

SB 198-FN-A, expanding the authority of the sweepstakes commission to establish a 2-year pilot program for video lottery games at state liquor stores, and making an appropriation therefor.

SB 312, relative to quarterly payment of estimated interest and dividends tax. Ways and Means Committee. Vote 4-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2002-2198s

09/01

Amend the bill by replacing section 2 with the following:

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

SB 317, establishing a committee to study boat registration fees and eradication of milfoil and other exotic weeds. Wildlife and Recreation Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

Senator Boyce moved to have SB 317, establishing a committee to study boat registration fees and eradication of milfoil and other exotic weeds, laid on the table.

SB 356, relative to naming a certain body of water in Lake Winnipesaukee in the town of Meredith. Wildlife and Recreation Committee. Vote 3-0. Ought to Pass, Senator D'Allesandro for the committee.

SB 375-FN, requiring a firearm safety program prior to the issuance of a concealed weapons permit. Wildlife and Recreation Committee. Vote 4-0. Inexpedient to Legislate, Senator Disnard for the committee.

SB 398-FN, authorizing an increase in admission fees for the Seacoast Science Center at Odiorne Point state park in Rye, New Hampshire. Wildlife and Recreation Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

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

Senator Francoeur moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings, House Messages, Enrolled Bills and Amendments, and that when we adjourn, we adjourn to Thursday, January 31, 2002 at 10:15 a.m.

Third Reading and Final Passage

SB 34, relative to the process for nonrenewal of teacher contracts.

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

HB 141-L, relative to regulation of junk yards.

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

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

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

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

SB 328, establishing a committee to study the establishment of a permit system for vessels registered in another state temporarily using the waters of New Hampshire.

SB 347, establishing a study committee on public building access and the disabled.

SB 356, relative to naming a certain body of water in Lake Winnipesaukee in the town of Meredith.

SB 362, relative to the membership and duties of the New Hampshire film and television commission.