06/10

Enrolled Bill Amendment to HB 393-FN

The Committee on Enrolled Bills to which was referred HB 393-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes technical changes to the bill and corrects the effective date.

Amend RSA 433:21, XXI as inserted by section 1 of the bill by replacing it with the following

XXI. "Soil" means the medium designated for plant propagation.

Amend RSA 433:28, V as inserted by section 5 of the bill by replacing it with the following:

V. Nursery stock infected with plant diseases or infested with plant pests shall not be offered for sale or given away.

Amend RSA 433:35 as inserted by section 12 of the bill by replacing line 2 with the following:

license issued under the provisions of RSA [433:29] 433:29-a if dangerous insect or plant disease pests are

Amend section 13 of the bill by replacing it with the following:

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

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 410-414 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

SB 410, relative to large groundwater withdrawals. (Sen. McCarley, Dist 6; Sen. Barnes, Dist 17; Sen. Wheeler, Dist 21; Sen. Johnson, Dist 3; Rep. Musler, Straf 6; Rep. DeChane, Straf 6; Rep. Wall, Straf 6; Rep. Rush, Merr 12; Rep. Case, Rock 2: Environment)

02-3144

SB 411, extending the reporting dates of certain study committees. (Sen. Hollingworth, Dist 23: Internal Affairs)

02-3168

SB 412, relative to the licensure of dietitians. (Sen. D’Allesandro, Dist 20: Executive Departments and Administration)

02-3170

SB 413, establishing a committee to study background checks for nursing home employees. (Sen. D’Allesandro, Dist 20; Sen. Wheeler, Dist 21: Public Institutions, Health and Human Services)

02-3175

SB 414, relative to the committee allowing the use of business logo signing on the mainline of limited access and divided highways. (Sen. Johnson, Dist 3; Rep. E. Smith, Ches 6: Transportation)

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Thursday, January 31, 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 Hollingworth 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 128, relative to stress injuries under the workers’ compensation law and relative to disability retirement benefits and mental injury.

SB 158, relative to payment of medical benefits for certain retirement system members retiring with combined creditable service or for certain members who have dependent children.

SB 303, establishing a committee to study the definition of an adequate education. Education Committee. Vote 4-0. Inexpedient to Legislate, Senator O'Hearn for the committee.

SB 304, establishing a committee to study payment for an adequate education. Education Committee. Vote 4-0. Inexpedient to Legislate, Senator O'Hearn for the committee.

SB 352, establishing a committee to study alternative regional public school programs for children who are at-risk. Education Committee. Vote 4-0. Ought to Pass, Senator O'Hearn for the committee.

SB 395, making certain changes to the laws pertaining to special education. Education Committee. Vote 3-0. Ought to Pass, Senator O'Hearn for the committee.

SB 382, relative to display of flags on condominium units. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Prescott for the committee.

Senator Francoeur moved to have SB 382, relative to display of flags on condominium units, laid on the table.

SB 382, relative to display of flags on condominium units.

SB 308-FN, relative to anesthesia for child dental care. Insurance Committee.

MAJORITY REPORT: Inexpedient to Legislate, Senator Francoeur for the majority Vote 3-2

MINORITY REPORT: Ought to Pass, Senator Hollingworth for the minority. Vote 2-3

SB 309-FN, relative to payment of medical benefits costs for group II members of the retirement system. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Wheeler for the committee.

2002-2377s

10/01

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

AN ACT relative to payment of medical benefits costs for disabled group II permanent firemen members of the retirement system.

Amend the bill by replacing section 1 with the following:

1 Group II Disabled Permanent Firemen Members; Medical Benefits; Application. Amend RSA 100-A:55, I to read as follows:

I. The additional benefits provided under RSA 100-A:52 shall apply to persons who are active or retired members of group II as of June 30, 2000; to persons who prior to July 1, 1988, had completed no less than 20 years of group II creditable service, but who for reasons other than retirement or death ceased to be a group II member prior to attaining the age of 45, and who, as of July 1, 1993, are eligible for vested deferred retirement benefits; and to persons who are group II permanent policemen or permanent firemen members on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty who become permanent policemen members of group II before July 1, 2002 or permanent firemen members of group II before July 1, [2002] 2004. Such additional benefits shall not apply to other persons who become members of group II after [June 30, 2002] the dates stated in this paragraph, without future legislation to include them. It is the intent of the legislature that future group II members shall be included only if the total cost of such inclusion can be funded by reimbursement from the special account established under RSA 100-A:16, II(h).

2002-2377s

AMENDED ANALYSIS

This bill extends the years of eligibility of group II disabled permanent firemen members for the payment of medical benefits costs by the retirement system.

SB 326, establishing a committee to study the workers' compensation appeals process at the department of labor. Insurance Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

SB 331-FN, relative to the purchase of certain prior service credit by members of the retirement system. Insurance Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

SB 332-FN, relative to the payment of medical benefits costs for certain group II members injured or killed in the performance of duty. Insurance Committee. Vote 3-2. Ought to pass with amendment, Senator Wheeler for the committee.

2002-2375s

10/01

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

AN ACT relative to the payment of medical benefits costs for certain group II permanent firemen members injured or killed in the performance of duty.

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

1 Group II; Payment of Medical Benefits; Surviving Spouse and Children. Amend RSA 100-A:52, I(e)(1) to read as follows:

(1) Any such child of a permanent policemen member shall be qualified under this subparagraph only if under 18 years of age, or under 23 years of age if attending school on a full-time basis; and any such child of a permanent firemen member shall be qualified under this subparagraph until such child attains 18 years of age, or attains 25 years of age if attending school on a full-time basis; and

2 New Subparagraph; Group II; Payment of Medical Benefits; Permanent Firemen Disability Retirees. Amend RSA 100-A:52, I by inserting after subparagraph (g) the following new subparagraph:

(h) Any person retired as a group II permanent firemen member on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty, and the spouse and dependent children of such person until each child attains 18 years of age or attains 25 years of age if attending school on a full-time basis.

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

2002-2375s

AMENDED ANALYSIS

This bill provides for the payment of medical benefits premium costs for certain group II permanent firemen retirement system members on disability retirement, and includes the person’s spouse and dependent children. The bill also extends payment of medical benefits premium costs for certain dependent children of permanent firemen by the state until the child attains 25 years of age if attending school full-time.

SB 391-FN, relative to appeals from the compensation appeals board. Insurance Committee. Vote 3-1. Ought to Pass, Senator Flanders for the committee.

Senator Francoeur moved to have SB 391-FN, relative to appeals from the compensation appeals board, laid on the table.

SB 391-FN, relative to appeals from the compensation appeals board.

SB 306, establishing a committee to study an appellate court system. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2002-2381s

08/09

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

AN ACT extending the reporting date of the commission to study the state’s increasing appellate caseload and solutions to the increasing appellate caseload.

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

1 Report Date Extended. Amend 2001, 159:5, I-II to read as follows:

I. The commission shall report its findings and any proposed recommendations for legislation or rule enactment or modification which may alleviate or eliminate the delays in the appeals process and increase the number of appeals accepted and written decisions on a short-term or immediate basis no later than November 1, [2001] 2002.

II. The commission shall report its findings and any proposed recommendations for legislation or rule enactment for long-term permanent remedies to the problems described in section 1 no later than November 1, [2001] 2002.

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

2002-2381s

AMENDED ANALYSIS

This bill extends the reporting date of the commission to study the state’s increasing appellate caseload and solutions to the increasing appellate caseload (HB 135) to November 1, 2002.

SB 359, establishes a committee to study the establishment of a statewide network of halfway houses for juvenile offenders. Judiciary Committee. Vote 3-0. Inexpedient to Legislate, Senator Pignatelli for the committee.

Senator Gatsas moved reconsideration on SB 332-FN, relative to the payment of medical benefits costs for certain group II members injured or killed in the performance of duty, whereby we voted it inexpedient to legislate.

SB 335, relative to prohibited political contributions. Public Affairs Committee. Vote 3-0. Inexpedient to Legislate, Senator Francoeur for the committee.

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

Senator Below moved to have SB 335, relative to prohibited political contributions, laid on the table.

Senator Barnes and Senator Gordon are in opposition to the tabling motion on SB 335.

SB 335, relative to prohibited political contributions.

SB 336, relative to political contributions. Public Affairs Committee. Vote 3-0. Inexpedient to Legislate, Senator Francoeur for the committee.

Senator Francoeur moved to have SB 336, relative to political contributions, laid on the table.

SB 336, relative to political contributions.

SB 340, relative to alterations to party registration. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Roberge for the committee.

Senator Roberge moved to have SB 340, relative to alterations to party registration, laid on the table.

SB 340, relative to alterations to party registration.

SB 341, relative to the placement of candidates on ballots. Public Affairs Committee. Vote 3-1. Inexpedient to Legislate, Senator Barnes for the committee.

SB 323, establishing a committee to study the efficiency of the department of transportation. Transportation Committee. Vote 4-0. Inexpedient to Legislate, Senator Eaton for the committee.

SB 405, relative to special number plates for veterans. Transportation Committee. Vote 4-0. Ought to Pass, Senator McCarley for the committee.

Senator Prescott moved to have SB 382, relative to display of flags on condominium units, taken off the table.

Senator Prescott offered a floor amendment.

2002-2401s

05/03

Floor Amendment to SB 382

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

1 New Section; Condominium Act; Condominium Instruments; Display of United States Flag. Amend RSA 356-B by inserting after section 34 the following new section:

356-B:34-a Display of United States Flag. A unit owner may install a flag pole bracket on an exterior wall of his or her unit and display one portable, removable United States flag in a respectful and appropriate way regardless of any bylaw or other portion of the condominium instruments governing flags or decorations.

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

Senator Roberge moved to have SB 382, relative to display of flags on condominium units, laid on the table.

Senator Barnes is in opposition to the tabling motion on SB 382.

SB 382, relative to display of flags on condominium units,

Senator Wheeler moved to have SB 1, apportioning state senate districts, taken off the table.

SB 1, apportioning state senate districts.

Senator Boyce offered a floor amendment.

2002-2374s

03/10

Floor Amendment to SB 1

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, Waterville Valley, and Woodstock.

II. Senatorial district number 2 is constituted of Alexandria, Ashland, Bath, Belmont, Benton, Bridgewater, Bristol, Campton, Danbury, Ellsworth, Groton, Haverhill, Hebron, Hill, Holderness, New Hampton, Northfield, Orange, Orford, Piermont, Plymouth, Rumney, Sanbornton, Thornton, Tilton, Warren, 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 Andover, Canaan, Cornish, Dorchester, Enfield, Franklin, Grafton, Hanover, Lebanon, Lyme, Plainfield, Salisbury, Webster, and Wilmot.

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

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

VIII. Senatorial district number 8 is constituted of Acworth, Alstead, Charlestown, Claremont, Croydon, Goshen, Grantham, Langdon, Lempster, New London, Newbury, Newport, Springfield, Sunapee, Sutton, Unity, Walpole, Warner, and Washington.

IX. Senatorial district number 9 is constituted of Bedford, Francestown, 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, and Hopkinton.

XVI. Senatorial district number 16 is constituted of wards 1, 2, and 6 in Manchester, and Auburn, Candia, Chester, and Hooksett.

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

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

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

XX. Senatorial district number 20 is constituted of wards 3, 4, 9, 10, 11, and 12 in Manchester.

XXI. Senatorial district number 21 is constituted of Durham, Lee, Newington, Newmarket, Nottingham, 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, Greenland, Hampton, Hampton Falls, Kensington, New Castle, Newfields, North Hampton, Rye, Seabrook, South Hampton, and Stratham.

Amend the bill by replacing section 3 with the following:

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

Question is on the adoption of the floor amendment.

Senator Below offered a floor amendment.

2002-2304s

03/10

Floor Amendment to SB 1

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 Bethlehem, Chatham, Easton, Franconia, Hart’s Location, Jackson, Landaff, Lincoln, Lisbon, Littleton, Livermore, Lyman, Monroe, Sugar Hill, Thornton, Waterville Valley, and Woodstock.

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

III. Senatorial district number 3 is constituted of ward 1 in Laconia, and Albany, Bartlett, Brookfield, Center Harbor, Conway, Eaton, Effingham, Freedom, Hale’s Location, Madison, Meredith, Moultonborough, Ossipee, Sandwich, Tamworth, Tuftonboro, Wakefield, and Wolfeboro.

IV. Senatorial district number 4 is constituted of wards 2, 3, 4, 5, and 6 in Laconia, and Alton, Barnstead, Belmont, Chichester, Gilford, Gilmanton, Middleton, New Durham, Northwood, and Pittsfield.

V. Senatorial district number 5 is constituted of Andover, Canaan, Danbury, Enfield, Grafton, Grantham, Hanover, Lebanon, Lyme, New London, Newbury, Orange, Plainfield, Springfield, Sutton, and Wilmot.

VI. Senatorial district number 6 is constituted of Farmington, Milton, Rochester, Rollinsford, and Somersworth.

VII. Senatorial district number 7 is constituted of Bennington, Boscawen, Bow, Bradford, Canterbury, Deering, Dunbarton, Francestown, Greenfield, Henniker, Hillsborough, Hopkinton, Salisbury, Warner, Weare, Webster, and Windsor.

VIII. Senatorial district number 8 is constituted of Acworth, Alstead, Antrim, Charlestown, Chesterfield, Claremont, Cornish, Croydon, Gilsum, Goshen, Langdon, Lempster, Marlow, Newport, Stoddard, Sunapee, Surry, Unity, Walpole, Washington, and Westmoreland.

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

X. Senatorial district number 10 is constituted of Fitzwilliam, Hinsdale, Keene, Marlborough, Nelson, Richmond, Rindge, Roxbury, Sullivan, Swanzey, Troy, and Winchester.

XI. Senatorial district number 11 is constituted of Amherst, Dublin, Greenville, Hancock, Harrisville, Jaffrey, Milford, New Ipswich, Peterborough, Sharon, Temple, and Wilton.

XII. Senatorial district number 12 is constituted of wards 1, 4, 5, and 6 in Nashua, and Brookline, Hollis, and Mason.

XIII. Senatorial district number 13 is constituted of wards 2, 3, 7, 8, and 9 in Nashua.

XIV. Senatorial district number 14 is constituted of Auburn, Hudson, and Londonderry.

XV. Senatorial district number 15 is constituted of Concord, Loudon, and Pembroke.

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

XVII. Senatorial district number 17 is constituted of Brentwood, Danville, Deerfield, Epping, Fremont, Kingston, Nottingham, Plaistow, Raymond, and Sandown.

XVIII. Senatorial district number 18 is constituted of wards 5, 6, 7, 8, and 9, in Manchester, and Litchfield.

XIX. Senatorial district number 19 is constituted of Atkinson, Chester, Derry, and Hampstead.

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

XXI. Senatorial district number 21 is constituted of wards 1, 2, 4, 5, and 6 in Dover, and Barrington, Durham, Lee, Madbury, and Strafford.

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

XXIII. Senatorial district number 23 is constituted of East Kingston, Exeter, Hampton, Hampton Falls, Kensington, Newton, North Hampton, Seabrook, and South Hampton.

XXIV. Senatorial district number 24 is constituted of ward 3 in Dover, and Greenland, New Castle, Newfields, Newington, Newmarket, Portsmouth, Rye, and Stratham.

Senator Boyce moved to have SB 3, apportioning congressional districts, taken off the table.

Senator Below offered a floor amendment.

2002-2301s

03/10

Floor Amendment to SB 3

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, and

(7) Laconia, 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 towns of

(1) Epsom,

(2) Hooksett, and

(3) Pittsfield; 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) Meredith,

(2) New Hampton,

(3) Sanbornton, and

(4) 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) Franklin,

(12) Henniker,

(13) Hill,

(14) Hopkinton,

(15) Loudon,

(16) Newbury,

(17) New London,

(18) Northfield,

(19) Pembroke,

(20) Salisbury,

(21) Sutton,

(22) Warner,

(23) Webster, and

(24) Wilmot; and

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

(1) Atkinson,

(2) Salem, and

(3) Windham.

Senator Gordon moved to have HB 134, permitting challenges to judges, taken off the table.

HB 134, permitting challenges to judges.

Senator Gordon offered a floor amendment.

2002-2406s

09/10

Floor Amendment to HB 134

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

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

1 Pilot Program to Permit Judicial Challenges by Parties in Civil Cases.

I. The supreme court shall establish a pilot program in the superior and district courts of one county, which allows each party in a civil case one challenge to the justice, or marital master, assigned to the case. The pilot program shall be implemented on or before July 1, 2002.

II. Under this pilot program, each party to any civil case before the superior court or a district court 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.

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.

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 allowing judicial challenges in civil cases and the legislative oversight committee, are repealed.

4 Footnote Changed; District and Probate Court Security. Amend the footnote to 2001, 130:1.02, 01, 06, class 90 to read as follows:

* The amounts appropriated represent the total funding available for district and probate court security. There shall be no transfers in or out of this class, except that up to $300,000 may be transferred into this class for fiscal year 2002.

5 Effective Date.

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

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

2002-2406s

AMENDED ANALYSIS

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

The bill also changes a footnote in the 2002-2003 operating budget which prevents the judicial branch from transferring funds in and out of the class line for district and probate court security, to allow a transfer of up to $300,000 into such class line in fiscal year 2002..

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, February 14, 2002 at 10:15 a.m.

Third Reading and Final Passage

SB 1, apportioning state senate districts.

SB 3, apportioning congressional districts.

HB 134, permitting challenges to judges.

SB 306, extending the reporting date of the commission to study the state’s increasing appellate caseload and solutions to the increasing appellate caseload.

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

SB 352, establishing a committee to study alternative regional public school programs for children who are at-risk.

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

SB 405, relative to special number plates for veterans.