RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 415-430 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

02-3154

SB 415, relative to the severing of joint tenancies in property by divorce. (Sen. Francoeur, Dist 14; Sen. Gordon, Dist 2: Judiciary)

02-3162

SB 416, relative to motor vehicles operated in parades. (Sen. Hollingworth, Dist 23: Transportation)

02-3177

SB 417, establishing a commission to analyze the New Hampshire tax structure. (Sen. Hollingworth, Dist 23: Ways and Means)

02-3180

SB 418-FN, relative to unemployment compensation. (Sen. Flanders, Dist 7; Sen. Barnes, Dist 17; Sen. Below, Dist 5; Sen. Burns, Dist 1; Sen. Cohen, Dist 24; Sen. D’Allesandro, Dist 20; Sen. Disnard, Dist 8; Sen. Eaton, Dist 10; Sen. Fernald, Dist 11; Sen. Francoeur, Dist 14; Sen. Gatsas, Dist 16; Sen. Gordon, Dist 2; Sen. Hollingworth, Dist 23; Sen. Johnson, Dist 3; Sen. Larsen, Dist 15; Sen. McCarley, Dist 6; Sen. O’Hearn, Dist 12; Sen. O’Neil, Dist 18; Sen. Pignatelli, Dist 13; Sen. Roberge, Dist 9; Sen. Wheeler, Dist 21; Rep. Bishop, Rock 12: Insurance)

02-3192

SB 419, relative to notification of groundwater contamination. (Sen. Prescott, Dist 19; Rep. Letourneau, Rock 13; Rep. Bartlett, Belk 6: Environment)

02-3132

SB 420-FN-A, making an appropriation for the purpose of hiring a recreational ride and lift investigator. (Sen. Eaton, Dist 10; Sen. Gordon, Dist 2; Sen. D’Allesandro, Dist 20; Rep. Packard, Rock 29; Rep. Letourneau, Rock 13; Rep. Reid, Straf 12: Transportation)

02-3137

SB 421-FN-A, authorizing the Berlin campus of the New Hampshire regional community-technical college system to upgrade and modernize its equipment and programs and authorizing manufacturing technology training in the town of Littleton, and making an appropriation therefor. (Sen. Burns, Dist 1; Rep. Gallus, Coos 7; Rep. Rozek Coos 7; Rep. Ward, Graf 1; Rep. Gilman, Graf 1: Education)

02-3142

SB 422-FN, relative to the insurance laws. (Sen. Hollingworth, Dist 23; Rep. Hunt, Ches 10: Insurance)

02-3131

SB 423-FN-A, relative to fees collected by the department of safety and certificates of title. (Sen. Eaton, Dist 10; Sen. D’Allesandro, Dist 20; Rep. Bartlett, Belk 6; Rep. Letourneau, Rock 13: Transportation)

02-3158

SB 424-FN-A, relative to instructional and operational costs of providing an adequate education. (Sen. Gordon, Dist 2; Sen. Burns, Dist 1; Sen. Johnson, Dist 3; Sen. Flanders, Dist 7; Sen. Roberge, Dist 9; Sen. Eaton, Dist 10; Sen. Gatsas, Dist 16; Sen. Barnes, Dist 17: Education)

02-3189

SB 425-FN-LOCAL, revising the formula used to calculate the cost of an adequate education. (Sen. O’Hearn, Dist 12; Sen. McCarley, Dist 6; Sen. Gatsas, Dist 16; Sen. Johnson, Dist 3; Rep. Kurk, Hills 5; Rep. Hess, Merr 11: Finance)

02-3188

SB 426, relative to the use of force by persons entrusted with the care of minors in child care settings. (Sen. O’Hearn, Dist 12; Sen. McCarley, Dist 6: Education)

02-3167

SB 427-FN-A, revising the career incentive program within the postsecondary education commission. (Sen. D’Allesandro, Dist 20; Sen. Wheeler, Dist 21; Sen. O’Hearn, Dist 12; Rep. Emerton, Hills 7; Rep. P. Davis, Coos 1: Education)

02-3169

SB 428, changing the name of the joint committee on legislative facilities and codifying the powers and duties of the committee. (Sen. D’Allesandro, Dist 20; Sen. Gordon, Dist 2; Sen. Johnson, Dist 1; Rep. Dickinson, Carr 2; Rep. Mirski, Graf 12; Rep. Leone, Sull 2; Rep. Welch, Rock 18; Rep. Scanlan, Graf 11: Internal Affairs)

02-3174

SB 429, relative to the community technical college system. (Sen. Johnson, Dist 3; Sen. D’Allesandro, Dist 20; Rep. Colcord, Merr 2; Rep. Snyder, Straf 14; Rep. Thomas, Belk 3: Education)

02-3173

SB 430, allowing towns or cities to increase the property tax credit for service-connected total disability. (Sen. Johnson, Dist 3; Sen. Barnes, Dist 17; Rep. Calawa, Hills 17: Ways and Means)

02-3194

SB 431, relative to political expenditure limitations. (Sen. Pignatelli, Dist 13; Sen. Francoeur, Dist 14; Rep. Arndt, Rock 27; Rep. Flanagan, Rock 14; Rep. Splaine, Rock 34: Public Affairs)

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

HB 404, relative to rulemaking by the board of licensing for alcohol and other drug abuse professionals.

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

HB 1131, establishing a committee to study increasing the number of physicians who are New Hampshire residents.

HB 1135, establishing a study committee to reevaluate the health benefits and risks from fluoridation of water in New Hampshire.

HB 1384, making certain technical changes to the workers’ compensation law.

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 404 -1397 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

HB 404, relative to rulemaking by the board of licensing for alcohol and other drug abuse professionals. (Executive Departments and Administration)

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

HB 1131, establishing a committee to study increasing the number of physicians who are New Hampshire residents. (Public Institutions, Health and Human Services)

HB 1135, establishing a study committee to reevaluate the health benefits and risks from fluoridation of water in New Hampshire. (Environment)

HB 1136, proclaiming February 14 as Congenital Heart Defect Awareness Day. (Public Institutions, Health and Human Services)

HB 1222, exempting ice-out contests from the laws regulating games of chance. (Ways and Means)

HB 1384, making certain technical changes to the workers’ compensation law. (Insurance)

HB 1397, relative to the annual salary of police commissioners of the town of Wolfeboro. (Internal Affairs)

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

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

HB 253-FN, relative to mercury reductions.

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

HB 522, establishing discretionary preservation easements for preserving historic agricultural structures.

HB 555-FN, relative to the billing of counties for certain expenses by the department of health and human services and relative to costs of certain juvenile placements.

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

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

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 517-722 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

HB 517, relative to supply of water by village districts. (Public Affairs)

HB 522, establishing discretionary preservation easements for preserving historic agricultural structures. (Public Affairs)

HB 555-FN, relative to the billing of counties for certain expenses by the department of health and human services and relative to costs of certain juvenile placements. (Public Institutions, Health and Human Services)

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

HB 722, relative to town, village district, and school district elections. (Public Affairs)

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Thursday, February 14, 2002, at 10:15 a.m.

The Senate met at 10:15 a.m.

A quorum was present.

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

Let us pray:

Senator Burns led the Pledge of Allegiance.

SB 392, establishing a committee to study certification of mortgage loan originators. Banks Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

SB 421-FN-A, authorizing the Berlin campus of the New Hampshire regional community-technical college system to upgrade and modernize its equipment and programs and authorizing manufacturing technology training in the town of Littleton, and making an appropriation therefor. Education Committee. Vote 4-0. Ought to Pass, Senator McCarley for the committee.

SB 427-FN-A, revising the career incentive program within the postsecondary education commission. Education Committee. Vote 4-0. Inexpedient to Legislate, Senator O'Hearn for the committee.

Senator O'Hearn moved to substitute ought to pass for inexpedient to legislate.

SB 394, relative to the duties of the advisory committee on international trade. Energy & Economic Development Committee. Vote 5-0. Ought to Pass, Senator Johnson for the committee.

HB 681, relative to billing by local exchange carriers, electric distribution companies, and gas distribution companies. Energy & Economic Development Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

SB 327-FN, relative to a milfoil and other exotic plants prevention and research grant program and fund. Environment Committee. Vote 3-0. Inexpedient to Legislate, Senator Johnson for the committee.

SB 351, relative to the zone of influence of the Conway Village Fire District well field. Environment Committee. Vote 4-0. Ought to pass with amendment, Senator Johnson for the committee.

2002-2624s

06/10

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

AN ACT establishing a commission to study the expansion of projects eligible for financial assistance under RSA 486-A.

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

1 Commission Established. There is established a commission to study the expansion of eligible projects in the aid to public water systems financial assistance program enacted under RSA 486-A.

2 Membership and Compensation.

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

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

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

(c) A member of the New Hampshire Municipal Association, nominated by the association and appointed by the governor.

(d) A member of the New Hampshire Water Works Association nominated by the association and appointed by the governor.

(e) A representative of the Conway Village Fire District, appointed by the Conway Village Fire District commissioners

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

3 Duties. The commission shall study the regulations and procedures under RSA 486-A to determine the need to expand the financial assistance program to include hydrogeological studies as a project eligible for financial assistance under the statute.

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

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

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

2002-2624s

AMENDED ANALYSIS

This bill establishes a commission to study the expansion of projects eligible for financial assistance under RSA 486-A.

SB 372, prohibiting the sale of reformulated gasoline in certain counties of the state. Environment Committee. Vote 3-2. Ought to pass with amendment, Senator Johnson for the committee.

2002-2623s

06/10

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

AN ACT requiring the department of environmental services to study reformulated gasoline and requiring the department of agriculture to review regulations governing the labeling of motor fuels containing MTBE.

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

1 Study of Reformulated Gasoline.

I. The commissioner of the department of environmental services shall study the amount of reformulated gasoline delivered to areas in the state where reformulated gasoline is not currently required under New Hampshire’s state implementation plan by analyzing levels of MTBE in all different grades of gasoline, taken from a representative selection of gasoline distribution facilities located outside Hillsborough, Merrimack, Rockingham, and Strafford counties. In addition to determining MTBE content levels, the sampling and analysis program shall be designed to provide data relative to any seasonal variations in the levels of MTBE.

II. The commissioner shall report findings of the study by October 1, 2003 to the president of the senate, the speaker of the house of representatives, the house science technology and energy committee, the senate environment committee, the governor, and the state library.

2 Review of Motor Fuel Containing MTBE.

I. The commissioner of the department of agriculture shall review all applicable rules and regulations governing the labeling of motor fuels containing MTBE. Such review shall also include an examination of current enforcement practices and their effectiveness. In the event that findings reveal deficiencies in current regulation or in the enforcement of such regulation, the commissioner’s review shall include proposed legislative recommendations to insure the appropriate labeling of such motor fuels.

II. The commissioner shall report all findings and recommendations of its review by October 1, 2003 to the president of the senate, the speaker of the house of representatives, the house science, technology and energy committee, the senate environment committee, the governor, and the state library.

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

2002-2623s

AMENDED ANALYSIS

This bill requires the commissioner of the department of environmental services to study reformulated gasoline and issue a report by October 1, 2003. This bill also requires the commissioner of the department of agriculture to review labeling of motor fuels containing MTBE and issue a report by October 1, 2003.

SB 419, relative to notification of groundwater contamination. Environment Committee. Vote 4-0. Ought to Pass, Senator Prescott for the committee.

SB 305, establishing a committee to study methods for improving communication tower aesthetics. Executive Departments and Administration Committee. Vote 3-1. Inexpedient to Legislate, Senator Flanders for the committee.

SB 311-FN, establishing a no telemarketing sales calls statewide registry. Executive Departments and Administration Committee. Vote 3-0. Inexpedient to Legislate, Senator Francoeur for the committee.

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

SB 316, establishing a committee to study the fiscal relationship between the Pease development authority and the state and its political subdivisions. Executive Departments and Administration Committee. Vote 3-1. Inexpedient to Legislate, Senator Prescott for the committee.

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

SB 320, establishing a study committee to review independent living retirement communities. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

SB 361-FN, relative to computerized telephone emergency warning systems. Executive Departments and Administration Committee. Vote 3-1. Inexpedient to Legislate, Senator Prescott for the committee.

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

Senator Hollingworth offered a floor amendment.

2002-2649s

03/04

Floor Amendment to SB 361-FN

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

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

1 Committee Established. There is established a committee to study developing computerized emergency warning systems that use the enhanced 911 data base to provide telephone subscribers with a telephone warning of an emergency situation.

2 Membership and Compensation.

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

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

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

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

3 Duties. The committee shall study developing computerized emergency warning systems that use the enhanced 911 data base to provide telephone subscribers with a telephone warning of an emergency situation.

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

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

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

2002-2649s

AMENDED ANALYSIS

This bill establishes a committee to study developing computerized emergency warning systems that use the enhanced 911 data base to provide telephone subscribers with a telephone warning of an emergency situation.

SB 364, relative to the membership of the board of manufactured housing. Executive Departments and Administration Committee. Vote 3-2. Inexpedient to Legislate, Senator Francoeur for the committee.

SB 366, relative to biennial reports of the public utilities commission. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator Prescott for the committee.

2002-2516s

03/01

Amend the bill by replacing section 1 with the following:

1 Reports of Public Utilities Commission; Biennial; Recipients. Amend RSA 363:24 to read as follows:

363:24 Biennial. The commission shall publish and file with the governor and council, the president of the senate, and the speaker of the house of representatives a report not later than December 1 of each odd numbered year. Such report shall contain such account of its proceedings for the 2 years last preceding, and such suggestions and recommendations as to needed legislation or as to other matters affecting public utilities as the commission may desire to submit.

2002-2516s

AMENDED ANALYSIS

This bill requires that the public utilities commission file its biennial reports with the speaker of the house of representatives and the president of the senate.

SB 371-FN, relative to the regulation of manufactured housing parks. Executive Departments and Administration Committee. Vote 3-0. Ought to pass with amendment, Senator Francoeur for the committee.

2002-2482s

04/09

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

1 Regulation of Manufactured Housing Parks; Attorney’s Fees and Costs. Amend RSA 205-A:19 to read as follows:

205-A:19 Attorneys’ Fees and Costs. If the court finds that a tenant or a park owner has filed a frivolous petition for the purpose of harassing [the park owner] the other party, it shall assess the court costs and reasonable attorneys’ fees against the petitioner.

2 Manufactured Housing Parks; Board of Manufactured Housing Membership. Amend RSA 205-A:25, I to read as follows:

I. There is hereby created a board of manufactured housing consisting of 9 members. The members of the board shall be:

(a) Two public members, appointed by the governor.

(b) [One member] Two members appointed by the governor, from a list of [2] 3 persons nominated by the New Hampshire Manufactured Housing Association.

[(c) One member appointed by the governor, from a list of 2 persons nominated by the New England Manufactured Housing Association.]

[(d)] (c) One member appointed by the governor, from a list of 2 persons nominated by the Mobile/Manufactured Homeowner and Tenants Association of New Hampshire.

[(e)] (d) One member appointed by the governor who is a resident of a manufactured housing park who is not a member of the Mobile/Manufactured Homeowner and Tenants Association of New Hampshire.

[(f)] (e) One member of the New Hampshire Bar Association, appointed by the president of such association.

[(g)] (f) Two members of the house of representatives, appointed by the speaker of the house.

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

2002-2482s

AMENDED ANALYSIS

This bill addresses the award of damages and attorneys fees in manufactured housing park disputes. The bill also amends the membership of the board of manufactured housing.

SB 378-FN, relative to the regulation of landscape architects. Executive Departments and Administration Committee. Vote 2-1. Inexpedient to Legislate, Senator Prescott for the committee.

SB 390, relative to the licensure of radiologic technologists. Executive Departments and Administration Committee. Vote 3-1. Inexpedient to Legislate, Senator Flanders for the committee.

SB 396-FN, relative to group II retirement status for criminalists employed by the department of safety. Executive Departments and Administration Committee. Vote 4-0

Ought to Pass, Senator Flanders for the committee.

SB 399, regulating demand drafts under the New Hampshire Uniform Commercial Code. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

SB 407-FN, requiring restroom facilities in certain state buildings. Executive Departments and Administration Committee. Vote 4-0. Inexpedient to Legislate, Senator Francoeur for the committee.

Senator Gatsas moved to have SB 407-FN, requiring restroom facilities in certain state buildings, laid on the table.

SB 407-FN, requiring restroom facilities in certain state buildings.

HB 285-FN-L, relative to the adoption of a state building code. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Francoeur for the committee.

Senator Gordon is in opposition to the motion of ought to pass on HB 285-FN-L.

SB 140-FN-L, relative to the formula for free and reduced-price lunches. Finance Committee. Vote 3-2. Ought to pass with amendment, Senator Below for the committee.

2002-2504s

04/01

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

2 Applicability. The provisions of this act shall apply to adequate education grant calculations made for the fiscal year beginning July 1, 2003 and every fiscal year thereafter.

Senator Below moved to recommit.

SB 177-FN-L, relative to computation of tax increments in municipal economic development and revitalization districts. Finance Committee. Vote 4-1. Ought to Pass, Senator Larsen for the committee.

SB 331-FN, relative to the purchase of certain prior service credit by members of the retirement system. Finance Committee. Vote 5-0. Ought to Pass, Senator Hollingworth 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. Finance Committee. Vote 3-2. Ought to Pass, Senator Hollingworth for the committee.

Senator Prescott moved to have SB 398-FN, authorizing an increase in admission fees for the Seacoast Science Center at Odiorne Point state park in Rye, New Hampshire, laid on the table.

SB 425-FN-L, revising the formula used to calculate the cost of an adequate education. Finance Committee. Vote 4-2. Ought to pass with amendment, Senator Gatsas for the committee.

2002-2627s

04/09

Amend the bill by replacing section 3 with the following:

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

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

(a) The department of education shall calculate the base expenditure per pupil, for each school district that operates an elementary school, by subtracting from the total expenditures at the elementary school level tuition to other school districts or approved educational programs, capital expenses and debt service on such expenses, special education costs, food service costs, transportation costs, adult and continuing education costs, community services costs, and federal revenues not otherwise deducted. For each school district, this amount shall be divided by the average daily membership in attendance at the elementary school level.

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

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

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

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

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

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

Senator Below offered a floor amendment.

2002-2642s

04/10

Floor Amendment to SB 425-FN-LOCAL

Amend the bill by deleting section 1 and renumbering the original sections 2-9 to read as 1-8, respectively.

Amend RSA 198:40, I as inserted by section 2 of the bill by deleting RSA 198:40, I (b)(4)-(5).

Senator Below offered a floor amendment.

2002-2641s

04/10

Floor Amendment to SB 425-FN-LOCAL

Amend RSA 198:40, I (b) (3) as inserted by section 3 of the bill by replacing it with the following:

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

HB 180-FN, relative to criminal neglect of elderly, disabled, or impaired adults. Finance Committee. Vote 5-0. Ought to Pass, Senator Larsen for the committee.

HB 295-FN, relative to medicaid recoveries from third party settlements. Finance Committee. Vote 5-0. Ought to Pass, Senator Hollingworth for the committee.

HB 463-FN, relative to protective services to adults. Finance Committee. Vote 5-0. Ought to Pass, Senator Gatsas for the committee.

SB 342, relative to ambulatory surgical facilities. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Wheeler for the committee.

2002-2617s

09/03

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

AN ACT relative to the purpose of the certificate of need law.

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

1 Purpose of Chapter. Amend RSA 151-C:1, II and III to read as follows::

II. The state has a compelling interest in working with the health care delivery system to set standards relative to the size, type, level, quality, and affordability of health services offered in New Hampshire; [and]

III. The state has an interest in promoting and stimulating collaboration among providers in the health care marketplace as a means of managing the increases in health care costs; and

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

2002-2617s

AMENDED ANALYSIS

This bill clarifies the purpose of the chapter governing certificate of need review of proposed new institutional health services.

Senator Roberge is in opposition to SB 342.

SB 346, establishing a committee to study health insurance for child care workers. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Francoeur for the committee.

SB 365, relative to the administration of the insurance laws. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Hollingworth for the committee.

SB 418-FN, relative to unemployment compensation. Insurance Committee. Vote 5-0. Ought to Pass, Senator Flanders for the committee.

SB 422-FN, relative to the insurance laws. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Hollingworth for the committee.

2002-2621s

01/09

Amend the bill by replacing section 27 with the following:

27 Sales of Insurance by Financial Institutions; Separation of Activities. RSA 406-C:7, I is repealed and reenacted to read as follows:

I. A financial institution shall, to the extent practicable, keep the area where the bank conducts transactions involving insurance products or annuities physically segregated from areas where retail deposits are routinely accepted from the general public, identify the areas where insurance product or annuity sales activities occur, and clearly delineate and distinguish those areas from the areas where the bank’s retail deposit-taking activities occur.

Amend the bill by replacing all after section 46 with the following:

47 Credentialing Verification Procedures. Amend the introductory paragraph of RSA 420-J:4, III to read as follows:

III. A health carrier shall thereafter obtain, at least every [2] 3 years, verification of a participating provider's:

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

CACR 34, relating to the number of members of the senate and senatorial districts. Providing that the senate shall consist of 2 members elected from each district and that senate districts shall conform to county boundaries and certain town boundaries. Internal Affairs Committee. Vote 4-0. Inexpedient to Legislate, Senator Boyce for the committee.

SB 324, urging a study of the operating efficiency of state government. Internal Affairs Committee. Vote 3-1. Ought to Pass, Senator Boyce for the committee.

SB 325, establishing a committee to study the use of state vehicles. Internal Affairs Committee. Vote 3-1. Inexpedient to Legislate, Senator Flanders for the committee.

Senator Flanders moved to have SB 325, establishing a committee to study the use of state vehicles, laid on the table.

SB 325, establishing a committee to study the use of state vehicles.

SB 380, establishing a committee to study the space needs of the division of safety services within the department of safety. Internal Affairs Committee. Vote 3-1. Ought to Pass, Senator Boyce for the committee.

SB 411, extending the reporting dates of certain study committees. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Wheeler for the committee.

SB 428, changing the name of the joint committee on legislative facilities and codifying the powers and duties of the committee. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Wheeler for the committee.

Senator Francoeur moved to have SB 428, changing the name of the joint committee on legislative facilities and codifying the powers and duties of the committee, laid on the table.

SB 428, changing the name of the joint committee on legislative facilities and codifying the powers and duties of the committee.

HB 1397, relative to the annual salary of police commissioners of the town of Wolfeboro. Internal Affairs Committee. Vote 2-0. Ought to Pass, Senator Flanders for the committee.

SB 313, relative to penalties for misrepresenting age for the purpose of procuring liquor or beverage. Judiciary Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

SB 314-FN, relative to Selective Service Act Compliance through driver's license applications. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-2506s

03/10

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

1 State College and University System; Selective Service Registration Awareness and Compliance Act; Application; Driver's License Added. Amend RSA 187-A:39 to read as follows:

187-A:39 Application. [I.] No person who is not in compliance with the Military Selective Service Act as provided in 50 U.S.C. app. section 451 et seq. shall:

[(a)] I. Be permitted to enroll in a state-supported institution of postsecondary or higher education.

[(b)] II. Be eligible to receive a loan, grant, scholarship, or other financial assistance for postsecondary higher education supported by state revenue, including federal funds, gifts, or grants accepted by the state, or to receive a student loan guaranteed by the state.

[(c)] III. Having attained the age of 18 years, be eligible for employment by or service to the state or any political subdivision of the state, including all state boards, commissions, departments, agencies, and institutions.

2 New Section; Drivers’ Licenses; Issuance of Licenses; Compliance With Federal Selective Service Requirements. Amend RSA 263 by inserting after section 5-b the following new section:

263:5-c Compliance With Federal Selective Service Requirements.

I. The application form for a driver's license or a renewal of a driver's license shall contain the following oath or affirmation:

"All men between the ages of 18 and 26 must check one of the following in order to be issued a driver’s license in the State of New Hampshire:

___ As required pursuant to 50 U.S.C. app. section 453, I have registered with the Selective Service System.

___ I am not registered with the Selective Service System, but I hereby authorize the New Hampshire department of safety to register me with the Selective Service System.

___ I choose not to register with the Selective Service System.

___ I am not required to register with the Selective Service System pursuant to 50 U.S.C. app. section 453.

_____________________________________

Signature of Applicant"

II. The director shall not issue a driver's license to a male applicant between the ages of 18 and 26 unless the applicant has completed the oath or affirmation required by paragraph I.

III. Notwithstanding RSA 260:14, the department shall forward to the Selective Service System in an electronic format the necessary personal information of the applicants who authorize the department to register them.

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

2002-2506s

AMENDED ANALYSIS

This bill provides that men between the ages of 18 and 26 who apply for a driver’s license must complete an oath or affirmation which indicates whether they have registered with the Selective Service System and permits them to authorize the department of safety to forward to the Selective Service System the necessary information for such registration.

Senator D'Allesandro offered a floor amendment.

Sen. D’Allesandro, Dist. 20

Sen. O’Neil, Dist. 18

Sen. Disnard, Dist. 8

2002-2656s

03/04

Floor Amendment to SB 314-FN

Amend the bill by replacing section 2 with the following:

2 New Section; Drivers’ Licenses; Issuance of Licenses; Compliance With Federal Selective Service Requirements. Amend RSA 263 by inserting after section 5-b the following new section:

263:5-c Compliance With Federal Selective Service Requirements.

I. When applying to receive a driver’s license, any male United States citizen or immigrant who is at least 18 years of age but less than 26 years of age shall be registered in compliance with the requirements of section 3 of the "Military Selective Service Act", 50 U.S.C. app. section 451 et seq., as amended. Such applicant shall not be required to supply the department with his social security number.

II. Notwithstanding RSA 260:14, the department shall forward in an electronic format the necessary personal information required for registration of the applicants identified in paragraph I to the Selective Service System. The applicant’s submission of the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for such registration. The department shall notify the applicant on the application that his submission of the application will serve as his consent to registration with the Selective Service System, if so required by federal law. The Selective Service System shall not, under any circumstances, reveal or divulge to any non-governmental agency, any information which the applicant submitted to the Selective Service System for registration purpose.

III. The department may impose reasonable charges on the Selective Service System for the collection and submission of the data required for registration under this section.

2002-2656s

AMENDED ANALYSIS

This bill provides that any application for a driver’s license by a person who is required to be registered with the selective service system shall authorize the department of safety to forward to the selective service system the necessary information for such registration.

SB 343-FN, relative to appeals in actions against tenants. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Fernald for the committee.

SB 360-FN, establishing criminal penalties for the introduction of computer contaminants. Judiciary Committee. Vote 4-0. Interim Study, Senator Pignatelli for the committee.

Senator Hollingworth moved to substitute ought to pass for interim study.

Senator Hollingworth offered a floor amendment.

2002-2631s

04/09

Floor Amendment to SB 360-FN

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

1 New Chapter; Computer Contaminants. Amend RSA by inserting after chapter 650-C the following new chapter:

CHAPTER 650-D

Computer Contaminants

650-D:1 Definitions. As used in this chapter:

I. "Access" means to instruct, communicate with, store data in, retrieve data from, intercept data from, or otherwise make use of any computer, computer network, computer program, computer software, computer data, or other computer resources.

II. "Authorization" means the express or implied consent given by a person to another to access or use said person's computer, computer network, computer program, computer software, computer system, password, identifying code, or personal identification number.

III. "Computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic or storage functions, and includes any data storage facility or communication facility directly related to or operating in conjunction with such device. The term "computer" includes any connected or directly related device, equipment, or facility which enables the computer to store, retrieve, or communicate computer programs, computer data or the results of computer operations to or from a person, another computer, or another device, but such term does not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device.

IV. "Computer contaminant" means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer program, computer operations, computer services, or computer network.

V. "Computer data" means any representation of knowledge, facts, concepts, instruction, or other information computed, classified, processed, transmitted, received, retrieved, originated, stored, manifested, measured, detected, recorded, reproduced, handled, or utilized by a computer, computer network, computer program, or computer software, and may be in any medium, including, but not limited to, computer print-outs, microfilm, microfiche, magnetic storage media, optical storage media, punch paper tape, or punch cards, or it may be stored internally in read-only memory or random access memory of a computer or any other peripheral device.

VI. "Computer network" means a set of connected devices and communication facilities, including more than one computer, with the capability to transmit computer data among them through such communication facilities.

VII. "Computer operations" means arithmetic, logical, storage, display, monitoring, or retrieval functions or any combination thereof, and includes, but is not limited to, communication with, storage of data in or to, or retrieval of data from any device and the human manual manipulation of electronic magnetic impulses. A "computer operation" for a particular computer shall also mean any function for which that computer was designed.

VIII. "Computer program" means an ordered set of computer data representing instructions or statements, in a form readable by a computer, which controls, directs, or otherwise influences the functioning of a computer or computer network.

IX. "Computer software" means one or more computer programs, existing in any form, or any associated operational procedures, manuals, or other documentation.

X. "Computer services" means computer access time, computer data processing, or computer data storage, and the computer data processed or stored in connection therewith.

XI. "Computer supplies" means punch cards, paper tape, magnetic tape, magnetic disks or diskettes, optical disks or diskettes, disk or diskette packs, paper, microfilm, and any other tangible input, output, or storage medium used in connection with a computer, computer network, computer data, computer software, or computer program.

XII. "Computer resources" includes, but is not limited to, information retrieval, computer data processing, transmission and storage, and any other functions performed, in whole or in part, by the use of a computer, computer network, computer software, or computer program.

XIII. "Financial instrument" includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security or any computerized representation thereof.

XIV. "Owner" means any person who owns or leases or is a licensee of a computer, computer network, computer data, computer program, computer software, computer resources, or computer supplies.

XV. "Person" means any natural person, general partnership, limited partnership, trust, association, corporation, joint venture, or any state, county or municipal government and any subdivision, branch, department, or agency thereof.

XVI. "Property" includes:

(a) Real property;

(b) Computers and computer networks;

(c) Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:

(1) Tangible or intangible;

(2) In a format readable by humans or by a computer;

(3) In transit between computers or within a computer network or between any devices which comprise a computer; or

(4) Located on any paper or in any device on which it is stored by a computer or by a human; and

(d) Computer services.

XVII. For the purposes of this section:

(a) The value of property or computer services shall be:

(1) The market value of the property or computer services at the time of the violation; or

(2) If the property or computer services are unrecoverable, damaged, or destroyed as a result of a violation of RSA 638:17, the cost of reproducing or replacing the property or computer services at the time of the violation.

(b) Amounts included in violations of RSA 638:17 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

(c) When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $250.

2 New Paragraph; Computer Crime Penalties; Computer Contaminants. Amend RSA 638:17 by inserting after paragraph V the following new paragraph:

VI. A person is guilty of the computer crime of computer contamination if such person knowingly introduces, or causes to be introduced, a computer contaminant into any computer, computer program, or computer network which results in a loss of property or computer services.

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

SB 367, relative to the guardian ad litem board. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-2342s

06/09

Amend the bill by replacing section 4 with the following:

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

SB 368, granting probate courts the power to issue attachments and levies of execution. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-2497s

09/01

Amend the bill by replacing section 2 with the following:

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

SB 369, relative to compensation of guardians and conservators for administrative expenses. Judiciary Committee. Vote 3-0. Ought to Pass, Senator Gordon for the committee.

SB 383, relative to the location of district courts within judicial districts. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-2522s

09/01

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

AN ACT relative to the location of district courts within judicial districts and changing the names of certain judicial districts.

Amend the bill by replacing section 1 with the following:

1 District Court Facilities; Location. RSA 502-A:1 is repealed and reenacted to read as follows:

502-A:1 Judicial Districts.

I. A comprehensive system of judicial districts, each with a district court, is hereby organized, constituted and established as follows:

(a) PORTSMOUTH DISTRICT. The Portsmouth district shall consist of the city of Portsmouth and the towns of Newington, Greenland, Rye, and New Castle.

(b) HAMPTON-EXETER DISTRICT. The Hampton-Exeter district shall consist of the towns of Hampton, Hampton Falls, North Hampton, South Hampton, Seabrook, Exeter, Newmarket, Stratham, Newfields, Fremont, East Kingston, Kensington, Epping, and Brentwood.

(c) DERRY DISTRICT. The Derry district shall consist of the towns of Derry, Londonderry, Chester, and Sandown.

(d) AUBURN DISTRICT. The Auburn district shall consist of the towns of Auburn, Candia, Deerfield, Nottingham, Raymond, and Northwood.

(e) SALEM DISTRICT. The Salem district shall consist of the towns of Salem and Windham in Rockingham county and the town of Pelham in Hillsborough county.

(f) PLAISTOW DISTRICT. The Plaistow district shall consist of the towns of Plaistow, Hampstead, Kingston, Newton, Atkinson, and Danville.

(g) DOVER-SOMERSWORTH-DURHAM DISTRICT. The Dover-Somersworth-Durham district shall consist of the cities of Dover and Somersworth and the towns of Rollinsford, Durham, Lee, and Madbury.

(h) ROCHESTER DISTRICT. The Rochester district court shall consist of the city of Rochester and the towns of Barrington, Milton, New Durham, Farmington, Strafford, and Middleton.

(i) LACONIA DISTRICT. The Laconia district shall consist of the city of Laconia and the towns of Meredith, New Hampton, Gilford, Belmont, Alton, Gilmanton, Center Harbor, and Barnstead.

(j) DISTRICT COURT FOR NORTHERN CARROLL COUNTY. The district for northern Carroll county shall consist of the towns of Conway, Bartlett, Jackson, Eaton, Chatham, Hart’s Location, Albany, Madison and the unincorporated places of Hale’s Location, Cutt’s Grant, Hadley’s Purchase, and those portions of the towns of Waterville and Livermore within the watershed of the Saco River and its tributaries.

(k) DISTRICT COURT FOR SOUTHERN CARROLL COUNTY. The district for southern Carroll county shall consist of the towns of Ossipee, Tamworth, Freedom, Effingham, Wakefield, Wolfeboro, Brookfield, Tuftonboro, Moultonborough, and Sandwich.

(l) CONCORD DISTRICT. The Concord district shall consist of the city of Concord, and the towns of Loudon, Canterbury, Dunbarton, Bow, Hopkinton, Pittsfield, Chichester, and Epsom.

(m) HOOKSETT DISTRICT. The Hooksett district shall consist of the towns of Allenstown, Pembroke, and Hooksett.

(n) FRANKLIN-TILTON DISTRICT. The Franklin district shall consist of the city of Franklin and the towns of Northfield, Danbury, Andover, Boscawen, Salisbury, Hill, and Webster in Merrimack county and the towns of Sanbornton and Tilton in Belknap county.

(o) HENNIKER-HILLSBOROUGH DISTRICT. The Henniker-Hillsborough district shall consist of the towns of Henniker, Warner, and Bradford in Merrimack county and the towns of Hillsborough, Deering, Windsor, Antrim and Bennington in Hillsborough county.

(p) NEW LONDON DISTRICT. The New London district shall consist of the towns of New London, Wilmot, Newbury, and Sutton.

(q) MANCHESTER DISTRICT. The Manchester district shall consist of the city of Manchester.

(r) NASHUA DISTRICT. The Nashua district shall consist of the city of Nashua and the towns of Hudson and Hollis.

(s) MERRIMACK DISTRICT. The Merrimack district shall consist of the towns of Merrimack, Litchfield, and Bedford.

(t) MILFORD DISTRICT. The Milford district shall consist of the towns of Milford, Brookline, Amherst, Mason, Wilton, Lyndeborough, and Mont Vernon.

(u) JAFFREY-PETERBOROUGH DISTRICT. The Jaffrey-Peterborough district shall consist of the towns of Peterborough, Hancock, Greenville, Greenfield, New Ipswich, Temple, and Sharon in Hillsborough county and the towns of Jaffrey, Dublin, Fitzwilliam, and Rindge in Cheshire county.

(v) HENNIKER-HILLSBOROUGH DISTRICT. The Henniker-Hillsborough district shall consist of the towns of Henniker, Warner, and Bradford in Merrimack county and the towns of Hillsborough, Deering, Windsor, Antrim and Bennington in Hillsborough county.

(w) GOFFSTOWN DISTRICT. The Goffstown district shall consist of the towns of Goffstown, Weare, New Boston, and Francestown.

Cheshire County

(x) KEENE DISTRICT. The Keene district shall consist of the city of Keene and the towns of Stoddard, Westmoreland, Surry, Gilsum, Sullivan, Nelson, Roxbury, Marlow, Swanzey, Marlborough, Winchester, Richmond, Hinsdale, Harrisville, Walpole, Alstead, Troy, and Chesterfield.

(y) JAFFREY-PETERBOROUGH DISTRICT. The Jaffrey-Peterborough district shall consist of the towns of Jaffrey, Dublin, Fitzwilliam, Troy, and Rindge in Cheshire county and the towns of Peterborough, Hancock, Greenville, Greenfield, New Ipswich, Temple, and Sharon in Hillsborough county.

(z) CLAREMONT-NEWPORT DISTRICT. The Claremont-Newport district shall consist of the city of Claremont and the towns of Cornish, Unity, Charlestown, Acworth, Langdon, Plainfield, Newport, Grantham, Croydon, Springfield, Sunapee, Goshen, Lempster, and Washington.

Grafton County

(aa) HANOVER-LEBANON DISTRICT. The Hanover-Lebanon district shall consist of the towns of Hanover, Orford, Lyme, Lebanon, Enfield, Canaan, Grafton, and Orange.

(bb) HAVERHILL DISTRICT. The Haverhill district shall consist of the towns of Haverhill, Bath, Landaff, Benton, Piermont, and Warren.

(cc) LITTLETON DISTRICT. The Littleton district shall consist of the towns of Littleton, Monroe, Lyman, Lisbon, Franconia, Bethlehem, Sugar Hill, and Easton.

(dd) PLYMOUTH-BRISTOL-LINCOLN DISTRICT. The Plymouth-Lincoln district shall consist of the towns of Plymouth, Bristol, Dorchester, Groton, Wentworth, Rumney, Ellsworth, Thornton, Campton, Ashland, Hebron, Holderness, Bridgewater, Alexandria, Lincoln, Woodstock and those portions of the towns of Livermore and Waterville not within the watershed of the Saco River and its tributaries.

(ee) BERLIN-GORHAM DISTRICT. The Berlin-Gorham district shall consist of the city of Berlin and the towns of Gorham, Milan, Dummer, Shelburne, and Randolph and the unincorporated places of Cambridge, Success, Bean’s Purchase, Martin’s Location, Green’s Grant, Pinkham’s Grant, Sargent’s Purchase, Thompson and Meserve’s Purchase and Low and Burbank’s Grant.

(ff) COLEBROOK DISTRICT. The Colebrook district shall consist of the towns of Colebrook, Pittsburg, Clarksville, Wentworth’s Location, Errol, Millsfield, Columbia, Stewartstown, and Stratford and the unincorporated places of Dix’s Grant, Atkinson and Gilmanton Academy Grant, Second College Grant, Dixville, Erving’s Location, and Odell.

(gg) LANCASTER DISTRICT. The Lancaster district shall consist of the towns of Lancaster, Stark, Northumberland, Carroll, Whitefield, Dalton and Jefferson, and the unincorporated places of Kilkenny, Bean’s Grant, Chandler’s Purchase, and Crawford’s Purchase.

II. In each judicial district, the court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standards prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.

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

2002-2522s

AMENDED ANALYSIS

This bill provides that suitable district court facilities shall be determined by the department of administrative services, upon recommendation of the supreme court.

The bill also changes the names of certain judicial districts to reflect their current configuration.

Senator Gordon offered a floor amendment.

2002-2661s

08/03

Floor Amendment to SB 383

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 District Court Facilities; Location. RSA 502-A:1 is repealed and reenacted to read as follows:

502-A:1 Judicial Districts.

I. A comprehensive system of judicial districts, each with a district court, is hereby organized, constituted and established as follows:

(a) PORTSMOUTH DISTRICT. The Portsmouth district shall consist of the city of Portsmouth and the towns of Newington, Greenland, Rye, and New Castle.

(b) HAMPTON-EXETER DISTRICT. The Hampton-Exeter district shall consist of the towns of Hampton, Hampton Falls, North Hampton, South Hampton, Seabrook, Exeter, Newmarket, Stratham, Newfields, Fremont, East Kingston, Kensington, Epping, and Brentwood.

(c) DERRY DISTRICT. The Derry district shall consist of the towns of Derry, Londonderry, Chester, and Sandown.

(d) AUBURN DISTRICT. The Auburn district shall consist of the towns of Auburn, Candia, Deerfield, Nottingham, Raymond, and Northwood.

(e) SALEM DISTRICT. The Salem district shall consist of the towns of Salem and Windham in Rockingham county and the town of Pelham in Hillsborough county.

(f) PLAISTOW DISTRICT. The Plaistow district shall consist of the towns of Plaistow, Hampstead, Kingston, Newton, Atkinson, and Danville.

(g) DOVER-SOMERSWORTH-DURHAM DISTRICT. The Dover-Somersworth-Durham district shall consist of the cities of Dover and Somersworth and the towns of Rollinsford, Durham, Lee, and Madbury.

(h) ROCHESTER DISTRICT. The Rochester district court shall consist of the city of Rochester and the towns of Barrington, Milton, New Durham, Farmington, Strafford, and Middleton.

(i) LACONIA DISTRICT. The Laconia district shall consist of the city of Laconia and the towns of Meredith, New Hampton, Gilford, Belmont, Alton, Gilmanton, Center Harbor, and Barnstead.

(j) DISTRICT COURT FOR NORTHERN CARROLL COUNTY. The district for northern Carroll county shall consist of the towns of Conway, Bartlett, Jackson, Eaton, Chatham, Hart’s Location, Albany, Madison and the unincorporated places of Hale’s Location, Cutt’s Grant, Hadley’s Purchase, and those portions of the towns of Waterville and Livermore within the watershed of the Saco River and its tributaries.

(k) DISTRICT COURT FOR SOUTHERN CARROLL COUNTY. The district for southern Carroll county shall consist of the towns of Ossipee, Tamworth, Freedom, Effingham, Wakefield, Wolfeboro, Brookfield, Tuftonboro, Moultonborough, and Sandwich.

(l) CONCORD DISTRICT. The Concord district shall consist of the city of Concord, and the towns of Loudon, Canterbury, Dunbarton, Bow, Hopkinton, Pittsfield, Chichester, and Epsom.

(m) HOOKSETT DISTRICT. The Hooksett district shall consist of the towns of Allenstown, Pembroke, and Hooksett.

(n) FRANKLIN-TILTON DISTRICT. The Franklin-Tilton district shall consist of the city of Franklin and the towns of Northfield, Danbury, Andover, Boscawen, Salisbury, Hill, and Webster in Merrimack county and the towns of Sanbornton and Tilton in Belknap county.

(o) HENNIKER-HILLSBOROUGH DISTRICT. The Henniker-Hillsborough district shall consist of the towns of Henniker, Warner, and Bradford in Merrimack county and the towns of Hillsborough, Deering, Windsor, Antrim and Bennington in Hillsborough county.

(p) NEW LONDON DISTRICT. The New London district shall consist of the towns of New London, Wilmot, Newbury, and Sutton.

(q) MANCHESTER DISTRICT. The Manchester district shall consist of the city of Manchester.

(r) NASHUA DISTRICT. The Nashua district shall consist of the city of Nashua and the towns of Hudson and Hollis.

(s) MERRIMACK DISTRICT. The Merrimack district shall consist of the towns of Merrimack, Litchfield, and Bedford.

(t) MILFORD DISTRICT. The Milford district shall consist of the towns of Milford, Brookline, Amherst, Mason, Wilton, Lyndeborough, and Mont Vernon.

(u) JAFFREY-PETERBOROUGH DISTRICT. The Jaffrey-Peterborough district shall consist of the towns of Peterborough, Hancock, Greenville, Greenfield, New Ipswich, Temple, and Sharon in Hillsborough county and the towns of Jaffrey, Dublin, Fitzwilliam, and Rindge in Cheshire county.

(v) GOFFSTOWN DISTRICT. The Goffstown district shall consist of the towns of Goffstown, Weare, New Boston, and Francestown.

(w) KEENE DISTRICT. The Keene district shall consist of the city of Keene and the towns of Stoddard, Westmoreland, Surry, Gilsum, Sullivan, Nelson, Roxbury, Marlow, Swanzey, Marlborough, Winchester, Richmond, Hinsdale, Harrisville, Walpole, Alstead, Troy, and Chesterfield.

(x) CLAREMONT-NEWPORT DISTRICT. The Claremont-Newport district shall consist of the city of Claremont and the towns of Cornish, Unity, Charlestown, Acworth, Langdon, Plainfield, Newport, Grantham, Croydon, Springfield, Sunapee, Goshen, Lempster, and Washington.

(y) HANOVER-LEBANON DISTRICT. The Hanover-Lebanon district shall consist of the towns of Hanover, Orford, Lyme, Lebanon, Enfield, Canaan, Grafton, and Orange.

(z) HAVERHILL DISTRICT. The Haverhill district shall consist of the towns of Haverhill, Bath, Landaff, Benton, Piermont, and Warren.

(aa) LITTLETON DISTRICT. The Littleton district shall consist of the towns of Littleton, Monroe, Lyman, Lisbon, Franconia, Bethlehem, Sugar Hill, and Easton.

(bb) PLYMOUTH-BRISTOL-LINCOLN DISTRICT. The Plymouth-Bristol-Lincoln district shall consist of the towns of Plymouth, Bristol, Dorchester, Groton, Wentworth, Rumney, Ellsworth, Thornton, Campton, Ashland, Hebron, Holderness, Bridgewater, Alexandria, Lincoln, Woodstock, and those portions of the towns of Livermore and Waterville not within the watershed of the Saco River and its tributaries.

(cc) BERLIN-GORHAM DISTRICT. The Berlin-Gorham district shall consist of the city of Berlin and the towns of Gorham, Milan, Dummer, Shelburne, and Randolph and the unincorporated places of Cambridge, Success, Bean’s Purchase, Martin’s Location, Green’s Grant, Pinkham’s Grant, Sargent’s Purchase, Thompson and Meserve’s Purchase, and Low and Burbank’s Grant.

(dd) COLEBROOK DISTRICT. The Colebrook district shall consist of the towns of Colebrook, Pittsburg, Clarksville, Wentworth’s Location, Errol, Millsfield, Columbia, Stewartstown, and Stratford and the unincorporated places of Dix’s Grant, Atkinson and Gilmanton Academy Grant, Second College Grant, Dixville, Erving’s Location, and Odell.

(ee) LANCASTER DISTRICT. The Lancaster district shall consist of the towns of Lancaster, Stark, Northumberland, Carroll, Whitefield, Dalton, and Jefferson, and the unincorporated places of Kilkenny, Bean’s Grant, Chandler’s Purchase, and Crawford’s Purchase.

II. In each judicial district, the court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standards prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.

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

2002-2661s

AMENDED ANALYSIS

This bill provides that suitable district court facilities shall be determined by the department of administrative services, upon recommendation of the supreme court.

The bill also changes the names of certain judicial districts to reflect their current configuration.

Senator O'Neil is in opposition to SB 383.

Senator Gatsas 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, taken off 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.

Senator McCarley 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 355-FN, relative to campaign contributions and expenditures. Public Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Francoeur for the committee.

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

SB 363, establishing a committee to study economic distortions associated with property taxation. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Roberge for the committee.

SB 374, relative to campaign expenditures. Public Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Roberge for the committee.

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

SB 397, prohibiting smoking in restaurants in New Hampshire. Public Affairs Committee. Vote 5-0. Inexpedient to Legislate, Senator Barnes for the committee.

SB 322-FN-A, relative to funding for kidney dialysis patients and making an appropriation therefor. Public Institutions, Health and Human Services Committee. Vote 3-1. Inexpedient to Legislate, Senator Prescott for the committee.

SB 330, relative to the use of epinephrine by emergency medical care providers. Public Institutions, Health and Human Services Committee.

MAJORITY REPORT: Ought to pass with amendment, Senator O'Hearn for the committee.

Vote 3-2

MINORITY REPORT: Ought to Pass, Senator Wheeler for the committee. Vote 2-3

2002-2588s

08/04

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

AN ACT relative to the administration of a patient’s own prescription by emergency medical care providers.

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

1 New Paragraph; Rulemaking. Amend RSA 153-A:20 by inserting after paragraph II the following new paragraph:

II-a. Training and necessary equipment recommended by the board concerning the administration of a patient’s own prescription medication, including but not limited to epinephrine, when that patient is incapacitated.

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

2002-2588s

AMENDED ANALYSIS

This bill requires the commissioner of the department of safety to adopt rules recommended by the emergency medical and trauma services board concerning the administration of a patient’s own prescription medication.

SB 410, relative to large groundwater withdrawals. Environment Committee. Vote 5-0. Ought to pass with amendment, Senator Prescott for the committee.

2002-2622s

06/10

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

AN ACT establishing a commission to study issues relative to large groundwater withdrawals.

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

1 Commission Established. In recognition that the waters of New Hampshire are a precious, finite, and invaluable resource upon which there is an ever increasing demand for existing, new and competing uses; and in further recognition that an adequate supply of groundwater for domestic, agricultural, industrial, and recreational uses and for fish and wildlife is essential to the health, safety, and welfare of the people of New Hampshire, there is established a commission to study ways to clarify the hierarchy of water uses, to establish procedures to determine the most beneficial uses for a specific water resource, and to establish a process by which new water users would be required to develop the least impacting alternative including consideration of regional water resources and water management issues. in order to best protect and preserve an adequate supply of groundwater for the state.

2 Membership and Compensation.

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

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

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

(c) An representative of a municipal water department, appointed by the governor.

(d) The commissioner of the department of environmental services or designee.

(e) A representative of the International Bottled Water Association, appointed by the governor.

(f) Two members of the public, appointed by the governor.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

3 Duties. The commission shall study ways to clarify the hierarchy of water uses, to establish procedures to determine the most beneficial use for a specific water resource, and to establish a process by which new water users would be required to develop the least impacting alternative including consideration of regional water resources and water management issues. This study shall include consideration of issues such as potential impacts on New Hampshire’s environment, other water users, municipalities, and the state’s economy. The commission shall also evaluate whether there is a need for additional regulation to address different uses of water.

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

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

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

2002-2622s

AMENDED ANALYSIS

This bill establishes a study commission to study issues relative to large water withdrawals.

Senator Boyce, having voted on the prevailing side, moved reconsideration on SB 410, relative to large groundwater withdrawal, whereby we voted down the committee amendment.

Senator McCarley offered a floor amendment.

2002-2655s

06/09

Floor Amendment to SB 410

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

1 New Paragraph; Protection of an Adequate Supply of Groundwater, Large Withdrawals Compatible. Amend RSA 485-C:1 by inserting after paragraph II the following new paragraph:

III. The purpose of this chapter is also to protect an adequate supply of groundwater to benefit all existing and future users of New Hampshire's water resources. In recognition that the waters of New Hampshire are a precious, finite, and invaluable resource upon which there is an ever increasing demand for existing, new and competing uses; and in further recognition that an adequate supply of groundwater for domestic, agricultural, industrial, and recreational uses and for fish and wildlife is essential to the health, safety, and welfare of the people of New Hampshire, the legislature finds and declares that large groundwater withdrawals shall be compatible with long-range water resource planning and proper management and use of the water resources of New Hampshire, and consistent with New Hampshire's policy of protecting and preserving the water resources of the state in the interest of present and future generations.

2 New Paragraph; Definition Added. Amend RSA 485-C:2 by inserting after paragraph II the following new paragraph:

II-a. "Commercial withdrawal" means a groundwater withdrawal in any 24-hour period from a withdrawal site that includes a withdrawal of 57,600 gallons or more that will be used for purposes other than community water supply.

3 New Paragraphs; Definitions Added. Amend RSA 485-C:2 by inserting after paragraph III the following new paragraphs:

III-a. "Community water supply" means water withdrawn to supply a community water system.

III-b. "Community water system" means a community water system as defined in RSA 485:1-a, I.

4 New Paragraph; Definition Added. Amend RSA 485-C:2 by inserting after paragraph XIV the following new paragraph:

XIV-a. "Study Area" means the area that encompasses the maximum extent of the cone of depression created by the withdrawal, the maximum extent of the recharge area for the withdrawal, and the downgradient area of the withdrawal. The downgradient area of the withdrawal shall include: the area where water taken by the withdrawal would flow if the withdrawal did not operate; the area that will provide water to the downgradient area when the withdrawal is operating; and the point where the amount of water to be withdrawn is negligible when compared to the amount of water crossing the boundary using one of the following methods:

(a) An existing or new delineation of a watershed large enough so that the size of the entire study area for the withdrawal is at least 10 times the size of the recharged area for the withdrawal;

(b) An existing or new delineation of a watershed where the amount of water crossing the downgradient boundary, that is, leaving the study area under current conditions, is at least 10 times the amount of water to be withdrawn; or

(c) An alternative method of estimating a study area provided it:

(1) Relies on conservation assumptions;

(2) Is demonstrated as appropriate for the site by testing results; and

(3) Is clearly explained and justified in a written report developed in accordance with this chapter and rules adopted pursuant to this chapter.

5 New Paragraphs; Definitions Added. Amend RSA 485-C:2 by inserting after paragraph XVIII the following new paragraphs:

XVIII-a. "Withdrawal" means the removal of groundwater for any purpose.

XVIII-b. "Withdrawal site" means one or more withdrawals on the same property or on multiple properties owned, operated, or controlled by the same person or affiliate of that person where the groundwater withdrawals have intersecting wellhead protection areas, zones of contribution limited to a maximum distance of 4000 feet, or zones of influence.

6 New Paragraph; Duty Added; Large Groundwater Withdrawals. Amend RSA 485-C:3 by inserting after paragraph V the following new paragraph:

VI. Evaluate and permit all groundwater withdrawals of 57,600 gallons or more in a 24-hour period.

7 Rulemaking; Large Groundwater Withdrawals. RSA 485-C:4, XII is repealed and reenacted to read as follows:

XII. All new groundwater withdrawals of 57,600 gallons or more in any 24-hour period. Such rules shall include:

(a) Criteria and procedures for requiring persons to identify and address impacts of withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the anticipated study area.

(b) Requirements relative to water conservation management plans which demonstrate water use efficiency related to the proposed withdrawals, to be submitted by the persons seeking approval for a withdrawal.

(c) Requirements and procedure relative to demonstrating requirements for approval in accordance with RSA 485-C:21, II and III.

(d) If hydrogeologic data indicate that any well, water resource or water-related resources will be or are being adversely affected by the withdrawal, procedures by which the department may deny, revoke or suspend permission for a withdrawal, or reduce the amount of water withdrawn.

(e) If hydrogeologic data indicate that any private well is being adversely affected by the withdrawal, procedures by which the department may allow or require a mitigation program for provision of a substantially similar alternative water supply to the adversely affected well at no initial capital cost and, where the alternative water supply is connection to a public water supply, at no cost which exceeds the cost of having a private well unless the adversely affected well owner and the person seeking approval mutually agree to an alternative arrangement.

(f) Requirements and procedures for exempting replacement wells and temporary withdrawals such as withdrawals needed on a periodic short term basis or for groundwater remediation or construction dewatering under RSA 485-C:21, I and II.

8 Notification of Large Groundwater Withdrawal Required. Amend RSA 485-C:14-a to read as follows:

485-C:14-a Notwithstanding any provision of law to the contrary, before any person may withdraw 57,600 gallons or more of water in any 24-hour period from a [well] withdrawal site, such person shall provide written notice to the governing body of the municipality in which the [well] withdrawal site is located and to the governing bodies of each municipality and each supplier of water within the anticipated [zone of contribution to the well] study area. This section shall apply only to [wells] withdrawals established after the effective date of this section.

9 Municipal Authority. RSA 485-C:20 is repealed and reenacted to read as follows:

I. Nothing in this chapter preempts the authority of municipalities, under other statutes, to enact as stringent or more stringent requirements with the following exceptions:

(a) The quantity of water that may be withdrawn for community water supply shall be regulated solely by the state.

(b) The quantity of water that may be withdrawn for commercial purposes shall be regulated in accordance with paragraph II.

II. A municipality where a withdrawal site is located may regulate commercial groundwater withdrawals that meet the definition of a commercial withdrawal under this chapter in accordance with duly enacted site plan review regulations pursuant to RSA 674 in the following manner:

(a) The municipality may require the applicant to demonstrate compliance with RSA 485-C and rules adopted by the department for a commercial withdrawal under this chapter in accordance with duly enacted site plan review regulations pursuant to RSA 674 in the following manner:

(1) Demonstration of water use efficiency.

(2) Demonstration of no adverse impact as defined by administrative rule.

(3) Demonstration of appropriate mitigation, if required.

(4) Demonstration of financial responsibility.

(5) Demonstration of required legal standing.

(6) Demonstration of compatibility with applicable state, regional and local water resource protection related programs and plans.

(7) Demonstration of public benefit.

(8) Demonstration that the withdrawal does not compromise the future use of groundwater.

(b) Duly enacted site plan regulations may be more stringent than state requirements but shall provide clear and reasonable criteria and procedures.

(c) A commercial withdrawal application being reviewed by a municipality shall be considered a development of regional impact pursuant to RSA 36:54 or RSA 36:55.

(d) The municipality may require the applicant to demonstrate compliance with all other local ordinances related to the siting of the withdrawal and associated site development.

10 Approval for Large Groundwater Withdrawals. RSA 485-C:21 is repealed and reenacted to read as follows:

485-C:21 Approval for Large Groundwater Withdrawals.

I. No person may withdraw 57,600 gallons or more of water in any 24-hour period from a withdrawal site after the effective date of this section without the prior approval of the department.

II. The department cannot approve a groundwater withdrawal for community water supply of 57,600 gallons or more of water from a withdrawal site in any 24-hour period except for withdrawals meeting the criteria for replacement or temporary withdrawals unless the person seeking approval successfully demonstrates all of the following :

(a) Water-related resources will not be adversely affected or, in the case of wells, will be mitigated if adversely affected .

(b) Water use efficiency.

III. The department cannot approve a commercial groundwater withdrawal of 57,600 gallons or more of water in any 24-hour period except for withdrawals meeting the criteria for replacement or temporary withdrawals from a withdrawal site unless the person seeking approval successfully demonstrates all of the following:

(a) Water-related resources will not be adversely affected or, in the case of wells, will be mitigated if adversely affected and provided that the mitigation is reasonably acceptable to adversely affected well owners.

(b) Water use efficiency.

(c) The withdrawal is compatible with the policies and programs of the state of New Hampshire, which address long-range planning, management, allocation, and use of the water resources of the state, including recommendations contained in any local and regional water supply plans.

(d) The withdrawal is consistent with the interests, such as those described in a municipal master plan, of all municipalities that will be affected by the withdrawal.

(e) The withdrawal has public benefit.

(f) The withdrawal will not compromise the future supply of groundwater necessary to support reasonably expected land uses in the study area based on land use regulations of affected municipalities

(g) Financial responsibility for a minimum of $1,000,000, including bonding and insurance, for potential damages to the environment and nearby wells including but not limited to unreasonable reductions in well capacity or contaminant migration from off-site contamination sources which impact water quality. This level of financial responsibility shall be maintained at all times while the facility is operating and for 2 years after the facility ceases to operate.

(h) Sufficient reliability, expertise, integrity, and competency to ensure compliance with the terms and conditions of a permit.

(i) He or she has not been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.

(j) In the case of a corporation or business entity seeking approval, none of its officers, directors, partners, or key employees or persons or business entities holding 10 percent or more of its equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application

IV. Preliminary applications for approval of water withdrawals of 57,600 gallons or more per day shall be filed with the department in a form approved by the department. The preliminary application shall contain information in a preliminary report for well siting pursuant to department rules, a conservation plan, and for commercial withdrawals, information required for approval in accordance with paragraph III. Copies of the preliminary application and all subsequent submittals to the department shall be forwarded by certified mail by the applicant to the governing bodies of each municipality and each municipal supplier of water within the anticipated study area.

V. Final applications for approval of 57,600 gallons or more per day shall be filed with the department in a form approved by the department. The final application shall contain information in a final report for well siting pursuant to department rules, any revisions to the conservation plan, and for commercial withdrawals, revisions to information required for approval in accordance with paragraph III. Copies of the final application and all subsequent submittals to the department shall be forwarded by certified mail by the applicant to the governing bodies of each municipality and each municipal supplier of water within the anticipated study area.

VI. Following the submission of the preliminary application, and again after submission of the final application, the department shall hold at least one public hearing on the application in the municipality in which the proposed withdrawal is to be made upon the request of the governing body of any municipality or supplier of water within the anticipated study area, provided that such a hearing is requested within 30 days of receipt of the application.

VII. The department shall hold at least one public hearing within 30 days after the request of the governing body of the municipality or the supplier of water made pursuant to paragraph VI. Notice of any hearing shall be made by the applicant and shall be published twice in 2 different weeks, the last publication to be 7 days before the hearing, in one newspaper of general circulation throughout the state and another newspaper of general circulation in the municipality. The notice shall also be posted in 2 public places in the municipality in which the withdrawal is located, in 2 public places in the municipality requesting the public hearing, and in 2 public places in the municipality which is the location of a public water supplier that requests a public hearing.

VIII. The applicant and the governing body of each municipality and each supplier of water within the anticipated study area to the well may submit comments to the department relative to the proposed withdrawal within 45 days after the public hearing in the municipality or, if no hearing is requested, within 45 days after the receipt of the application. If the comments relative to the application make recommendations to the department, the department shall specifically consider such recommendations and shall issue written findings with respect to each issue raised that is contrary to the decision of the department.

IX. Rehearings and appeals from a decision of the department under this section shall be in accordance with RSA 21-O:14.

11 Drinking Water Rules; Large Water Withdrawal. RSA 485:3, XIII is repealed and reenacted to read as follows:

XIII. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to new groundwater withdrawals of 57,600 gallons or more in any 24-hour period by public water systems. Such rules shall include:

(a) Criteria and procedures for requiring public water systems to identify and address impacts of withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the study area.

(b) Requirements relative to water conservation management plans which demonstrate water use efficiency related to the proposed withdrawals, to be submitted by the public water system seeking approval for a withdrawal.

(c) Requirements and procedures relative to demonstrating requirements for approval in accordance with RSA 485-C:21, II.

(d) If hydrogeologic data indicate that any well, water resources or water-related resources will be or are being adversely affected by the withdrawal, procedures by which the department may deny, revoke or suspend permission or reduce the amount of water withdrawn.

(e) If hydrogeologic data indicate that any private well is being adversely affected by the withdrawal, procedures by which the department may allow or require a mitigation program for provision of a substantially similar alternative water supply to the adversely affected well at no initial capital cost and, where the alternative water supply is connection to a public water supply, at no cost which exceeds the cost of having a private well unless the adversely affected well owner and the person seeking approval for the withdrawal mutually agrees to an alternative arrangement.

(f) Requirements and procedures for exempting replacement wells and temporary withdrawals such as withdrawals needed on a periodic short term basis or for groundwater remediation or construction dewatering under RSA 485-C:21, I.

12 Committee Established.

I. There is established a committee to study ways to clarify the hierarchy of water uses, to establish procedures to determine the most beneficial uses for a specific water resource, and to establish a process by which new water users would be required to develop the least impacting alternative including consideration of regional water resources and water management issues.

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

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

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

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

III. The committee shall study ways to clarify the hierarchy of water uses, to establish procedures to determine the most beneficial use for a specific water resource, and to establish a process by which new water users would be required to develop the least impacting alternative including consideration of regional water resources and water management issues. This study shall include consideration of issues such as potential impacts on New Hampshire's environment, other water users, municipalities, and the state's economy. The committee shall also evaluate whether there is a need for additional regulation to address different uses of water.

IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 90 days of the effective date of this section. Four members of the committee shall constitute a quorum.

V. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 30, 2003.

13 Effective Date.

I. Section 12 of this act shall take effect upon its passage.

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

2002-2655s

AMENDED ANALYSIS

This bill establishes standards for the department of environmental services to use when considering large groundwater withdrawals and makes certain related changes to the department’s rulemaking authority.

The bill also establishes a committee to study water use issues.

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

HB 1411, making an appropriation to the judicial branch for district and probate court security.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 1411 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

HB 1411, making an appropriation to the judicial branch for district and probate court security. (Finance)

SB 373-FN-A, relative to state payments to foster care families and making an appropriation therefor. Public Institutions, Health and Human Services Committee. Vote 5-0. Inexpedient to Legislate, Senator Wheeler for the committee.

SB 379, relative to immune system therapy. Public Institutions, Health and Human Services Committee. Vote 3-0. Inexpedient to Legislate, Senator Boyce for the committee.

SB 386, establishing a committee to study a registry for automatic external defibrillators. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2002-2589s

08/04

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

AN ACT relative to automated external defibrillators.

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

1 Statement of Purpose. The use of automated external defibrillators (AEDs) in the state of New Hampshire has had a demonstrably positive impact on saving the lives of New Hampshire citizens in cardiac arrest. It is the intent of the legislature that access to AEDs be made widely available to businesses, schools, fire and police departments, and other public and private organizations throughout the state. The establishment of a statewide registry of AEDs will assist emergency personnel in saving the lives of New Hampshire citizens when responding to emergencies.

2 New Section; Automated External Defibrillators. Amend RSA 153-A by inserting after section 31 the following new sections:

153-A:32 Automated External Defibrillator Registry. There shall be established in the department of safety a registry for all automated external defibrillators in the state. The department is authorized to release information from the registry to first responders in an emergency through the enhanced 911 system. Registration shall include the address and precise location of the automated external defibrillator.

153-A:33 Registration Required.

I. The owner of an automated external defibrillator shall register with the department of safety under RSA 153-A:32 within 30 days of acquisition.

II. Manufacturers or distributors shall provide written notice to purchasers of the requirement to register automated external defibrillators with the department.

3 New Paragraph; Rulemaking. Amend RSA 153-A:20 by inserting after paragraph XXI the following new paragraph:

XXII. Implementation and administration of the automated external defibrillator registry established in RSA 153-A:32.

4 Subdivision Heading Change. Amend the subdivision title preceding RSA 153-A:28 to read as follows:

[Automatic] Automated External Defibrillator

5 Change from Automatic to Automated. Amend the following RSA provisions by replacing "automatic" with "automated": RSA 153-A:11, I, 153-A:28, the introductory paragraph of 153-A:29, 153-A:30, 153-A:31.

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

2002-2589s

AMENDED ANALYSIS

This bill establishes an automated external defibrillator registry in the department of safety, and requires owners to register their devices.

SB 400, establishing a committee to study issues concerning the Poison Information and Control Center. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

SB 401-FN-A, relative to long-term care funding and making an appropriation therefor. Public Institutions, Health and Human Services Committee. Vote 3-2. Ought to Pass, Senator Boyce for the committee.

SB 402-FN-A, establishing a committee to study long-term care funding and making an appropriation therefor. Public Institutions, Health and Human Services Committee. Vote 3-2. Ought to pass with amendment, Senator O'Hearn for the committee.

2002-2592s

01/09

Amend the bill by replacing section 3 with the following:

3 Membership and Compensation.

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

(a) Five members of the senate, one of whom shall be from the long-term rate advisory committee established in RSA 151-E:6-a and one of whom shall be from the long-term care institute established in RSA 126-L, appointed by the president of the senate.

(b) Five members of the house of representatives, one of whom shall be from the long-term rate advisory committee established in RSA 151-E:6-a and one of whom shall be from the long-term care institute established in RSA 126-L, appointed by the speaker of the house.

II. The committee may conduct hearings, retain independent consultants, and solicit testimony from any source the committee deems relevant.

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

Amend the bill by replacing section 7 with the following:

7 Appropriation. The sum of $75,000 is hereby appropriated to the committee for the biennium ending June 30, 2003, for the purpose of retaining independent consultants. Notwithstanding any other provision of law, these funds shall be from the interest earnings of the health care fund established in RSA 167:70.

SB 413, establishing a committee to study background checks for nursing home employees. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

SB 315-FN, relative to requiring safety and education training for persons registering snow traveling vehicles. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator Flanders for the committee.

2002-2574s

04/03

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

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

1 New Section; OHRVs; Snow Traveling Vehicles; Club Assistance Program Fee Added. Amend RSA 215-A by inserting after section 23-a the following new section:

215-A:23-b Snow Traveling Vehicles; Club Assistance Program Fee.

I. Any person required to register a snow traveling vehicle under RSA 215-A:23, I, II, or III shall at the time of registration pay a club assistance program fee of $30, unless exempted under paragraph II. Of the $30 fee, one dollar shall be retained by the registration agent as an administrative fee.

II. A person registering a snow traveling vehicle under RSA 215-A:23, I, II, or III who provides proof at time of registration that the person is a member of an organized New Hampshire nonprofit snowmobile club and a member of the New Hampshire Snowmobile Association, shall be exempt from the payment of the fee in paragraph I.

III. All moneys collected by the fish and game department from the club assistance program fee under this section shall be appropriated to the department of resources and economic development for the bureau’s grant-in-aid program to be used by organized, nonprofit snowmobile clubs for the construction and maintenance of snowmobile trails and facilities as provided in RSA 215-A:23, VI(b).

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

2002-2574s

AMENDED ANALYSIS

This bill requires a person registering a snow traveling vehicle to pay a club assistance program fee unless the person is a member of an organized nonprofit New Hampshire snowmobile club and the New Hampshire Snowmobile Association.

SB 414, relative to the committee allowing the use of business logo signing on the mainline of limited access and divided highways. Transportation Committee. Vote 4-0. Ought to Pass, Senator O'Neil for the committee.

SB 420-FN-A, making an appropriation for the purpose of hiring a recreational ride and lift investigator. Transportation Committee. Vote 4-0. Ought to Pass, Senator Eaton for the committee.

SB 423-FN-A, relative to fees collected by the department of safety and certificates of title. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Eaton for the committee.

2002-2572s

03/04

Amend the bill by replacing section 3 with the following:

3 Certificates of Title and Registration of Vehicles; Mailing of Certificate. Amend RSA 261:9 to read as follows:

261:9 Mailing of Certificate. The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner. In the event the lien has been satisfied by a dealer, the dealer becomes the owner and the state is authorized to mail the title to the dealer.

Amend the bill by replacing section 6 with the following:

6 Certificates of Title and Registration of Vehicles; Fees; Distribution of Revenue. Amend RSA 261:20, IV to read as follows:

IV. Notwithstanding any other provision of law, 3/5 of the fees collected under RSA 261:20, I(a)-(c) shall be deposited in the highway fund and 2/5 of the fees collected under RSA 261:20, I(a)-(c) shall be deposited as unrestricted revenue in the general fund, and 50 percent of the fees collected under [this section] RSA 261:20, I(d)-(i) shall be deposited as unrestricted revenue in the general fund and 50 percent of the fees collected under RSA 261:20, I(d)-(i) shall be deposited in the highway fund.

2002-2572s

AMENDED ANALYSIS

This bill:

I. Increases the fee for number plates from $2.50 to $4.00.

II. Establishes a fee for salvage vehicle decals.

III. Increases certain fees for certificates of title.

IV. Makes an appropriation to pay for the hiring of motor vehicle inspectors.

V. Increases the additional funding required for the DMV testing building which may be charged to the inventory fund established by RSA 228:25.

VI. Permits any dealer to become the owner of a vehicle by satisfying the first lien named in the certificate of title.

This bill was requested by the department of safety.

HB 209-FN, relative to original and youth operators' licenses. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-2573s

03/04

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

6 Administration of Motor Vehicle Laws; Identification Cards; Age Changed. Amend RSA 260:21, I(a) to read as follows:

(a) Is [16] 12 years of age or older and does not possess a driver's license,

7 Effective Date.

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

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

2002-2573s

AMENDED ANALYSIS

This bill provides for the expiration of youth operators’ licenses, modifies the restrictions on motor vehicle operation by youth operators, and changes the fee for such licenses. This bill also changes the age at which a person may obtain a nondriver’s identification card from 16 years of age to 12 years of age.

SB 318, relative to transfers of funds from the sweepstakes fund for sweepstakes purposes. Ways and Means Committee. Vote 4-0. Ought to Pass, Senator Gatsas for the committee.

Senator Prescott 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, taken off the table.

Senator Prescott having voted on the prevailing side, moved reconsideration on 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, whereby we voted down the committee amendment.

Senator Johnson moved to have SB 146, relative to personal watercraft, taken off the table.

SB 146, relative to personal watercraft.

Senator Johnson offered a floor amendment.

Sen. Johnson, Dist. 3

Sen. Eaton, Dist. 10

Sen. Hollingworth, Dist. 23

Sen. Cohen, Dist. 24

Sen. Below, Dist. 5

2002-2418s

03/01

Floor Amendment to SB 146

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

2 Supervision of Navigation: Ski Craft; Personal Watercraft Added. Amend RSA 270:73-74-b to read as follows:

270:73 Definitions. In this subdivision:

I. "Bureau" means the department of safety, bureau of hearings, established pursuant to RSA 21-P:13.

II. "Department" means the department of safety.

II-a. "Emergency personnel" means members of local police departments, the state police, the sheriff's department, fire companies and departments, and emergency medical services units.

III. "Operator" means a person who operates or who has charge of the navigation or use of a ski craft or personal watercraft.

III-a. "Personal watercraft" means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person or persons sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. "Personal watercraft" shall include ski craft as defined in RSA 270:73, V.

IV. "Private boat" means a boat as defined in RSA 270:2, V, including a ski craft or personal watercraft.

V. "Ski craft" means any motorized watercraft or private boat which is less than 13 feet in length as manufactured, is capable of exceeding a speed of 20 miles per hour, and has the capacity to carry not more than the operator and one other person while in operation. The term includes a jet ski, surf ski, fun ski, or other similar device.

VI. "Watercraft" means a motorized ski craft or personal watercraft, capable of being used as a means of transportation on or in the water, except a seaplane.

270:74 Operation of Ski Craft or Personal Watercraft.

I. No person shall operate a ski craft on any lake, pond, or river unless the person is 16 years of age or older.

II. No person shall operate a ski craft or personal watercraft on any lake, pond, or river between the hours of sunset and sunrise.

III. No person shall operate a ski craft or personal watercraft unless [he] the person is wearing a personal floatation device which is Coast Guard approved type 1, 2, or 3.

IV. No person shall operate a ski craft on a lake, pond, or river, or area thereof, on which the operation of ski craft is prohibited by law.

V. No person shall operate a ski craft on a lake, pond, or river, or area thereof, on which the operation of ski craft is prohibited as a result of a hearing pursuant to RSA 270:74-a.

VI. No person shall operate a ski craft or personal watercraft on a lake, pond, or river, or area thereof, in violation of a restriction imposed pursuant to RSA 270:74-a.

VII. No person shall operate a ski craft or personal watercraft within 150 feet of another ski craft or personal watercraft, or of a boat, raft, float, or swimmer unless the speed of the ski craft or personal watercraft is reduced to headway speed. No person shall operate a ski craft or personal watercraft in a cove, as designated by the commissioner, or within [300] 150 feet of shore, except as provided in [paragraph] paragraphs VII-a, VIII, and VIII-a [or pursuant to RSA 270:74-a, V]. For the purpose of this paragraph "cove" is defined as a bay or inlet which at its widest point does not exceed 1,000 linear feet.

VIII. A person may operate a ski craft from the shore to any area where the operation of ski craft is allowed, provided that the ski craft shall not be operated at a speed exceeding headway speed within [300] 150 feet from shore or in a cove as defined in RSA 270:74, VII and provided that the ski craft shall be operated in a direct line between the shore and the area where operation is allowed.

IX. A person may operate a ski craft or personal watercraft on the lakes, ponds, and rivers of the state except in areas which are prohibited by the department and those lakes, ponds, and rivers specifically prohibited by RSA 270:75-[109]130 and other legislative acts.

X. A person who violates any of the provisions of this section shall be guilty of a violation.

XI. Emergency personnel who operate a ski craft or personal watercraft when responding to an emergency call or in pursuit of an actual or suspected violator of the law shall be exempt from restrictions or prohibitions imposed pursuant to RSA 270:74-a, RSA 270:75-130, or any other law.

270:74-a Hearings.

I. The commissioner shall adopt rules pursuant to RSA 541-A establishing procedures for the public hearing process contained in this section. For the purposes of adopting the initial set of rules required by this section the commissioner shall be authorized to adopt emergency rules as provided in RSA 541-A:18.

II. Any group of [10] 25 or more residents or property owners of a town in which a lake, pond, or river is located may petition the commissioner to prohibit or restrict the use of ski craft or personal watercraft on the lake, pond, or river, or a portion thereof. Once ski craft or personal watercraft have been prohibited or restricted on a lake, pond, or river, or portion thereof, pursuant to this section, [for at least one year such] a group of residents or property owners may not petition to allow the use of ski craft or personal watercraft on the lake, pond, or river, or a portion thereof until at least one year after the effective date of the prohibition or restriction.

III. The commissioner shall hold a public hearing to determine whether to grant or deny a petition submitted pursuant to paragraph II. In determining whether to grant the petition, the commissioner shall take into consideration the following factors:

(a) The impact of ski craft or personal watercraft on the environment, the shoreline, and wildlife.

(b) The surface area of the lake, pond, or river being considered.

(c) The use or uses which have been established on the lake, pond, or river.

(d) The depth of the water.

(e) The amount of water-borne traffic.

(f) The necessity of ensuring access to and use of the lake, pond, or river for all individuals and the right of those individuals to appropriate use of the public waters.

(g) Whether a determination is necessary to ensure the safety of persons and property.

IV. The commissioner shall hear all petitions as soon as possible after they are submitted. [The commissioner shall give priority to hearing first the petitions submitted on behalf of lakes, ponds, or rivers itemized in section 3 of this act and lakes, ponds, or rivers which are generally considered to have problems with the operation of ski craft as evidenced by the number of complaints submitted.] The commissioner may grant, grant with modification, or deny the petition. A decision shall be rendered within 30 days after the hearing. If a body of water is closed in its entirety as a result of a hearing pursuant to this paragraph, the effective date of such closing shall be no sooner than October 1, of the year in which the order is issued.

V. [In response to a petition submitted concerning a lake, pond, or river, or portion thereof, the shoreline of which is uninhabited, the commissioner may allow the operation of ski craft as close as 150 feet from the shore.

VI.] Any person aggrieved by a decision of the commissioner pursuant to this section may appeal to the [commissioner] personal watercraft and ski craft board for a review of the record and may appeal from such decision pursuant to RSA 541.

[VII.] VI. Any prohibition or restriction on the use of ski craft or personal watercraft on a lake, pond, or river, or portion thereof, imposed pursuant to this section shall have the full force and effect as if enacted as law.

[VIII.] VII. The commissioner shall post any lake, pond, or river, or portion thereof, from which ski craft or personal watercraft are prohibited or restricted pursuant to this section.

270:74-b Reckless Operation of Ski Craft or Personal Watercraft; Modification of Muffler or Engine Prohibited.

I. In addition to the provisions of RSA 270:29-a, no person shall operate a ski craft or personal watercraft in a careless or negligent manner, or in a manner which unreasonably or unnecessarily endangers life, limb, or property, including but not limited to, weaving through congested watercraft traffic and swerving at the last moment to avoid collision. Any person who violates this paragraph shall be guilty of a misdemeanor.

II. In addition to the provisions of RSA 270:40, no person shall modify or alter the muffler system or engine of ski craft or personal watercraft so as to exceed the noise levels prescribed in RSA 270:37. Any person who violates the provisions of this section shall be guilty of a violation.

270:74-c Personal Watercraft and Ski Craft Appeals Board.

3 Applicability. Any restriction or prohibition on the operation of ski craft established by statute or administrative rule in effect on the effective date of this act shall remain in effect until such statute is repealed or amended or such rule is superceded or expired, and shall apply only to the use of ski craft, as defined in RSA 270:73, V, and not to any other type of personal watercraft defined in RSA 270:73, III-a, on the waters of this state.

2002-2418s

AMENDED ANALYSIS

This bill:

I. Includes personal watercraft, as defined in the bill, in the laws relative to ski craft.

II. Makes applicable within 150 feet of shore those restrictions on the operation of ski craft that currently apply within 300 feet of shore.

III. Establishes an exemption from restrictions and prohibitions on the operation of ski craft and personal watercraft for emergency personnel.

IV. Establishes a personal watercraft and ski craft appeals board.

Senator Below moved to have SB 146, relative to personal watercraft, laid on the table.

Senator Pignatelli moved to have SB 146, relative to personal watercraft, laid on the table.

SB 146, relative to personal watercraft.

Senator Gordon 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, taken off the table.

SB 319, relative to participation in international lotteries. Ways and Means Committee. Vote 4-0. Ought to Pass, Senator Barnes for the committee.

Senator Boyce is in opposition to SB 319.

SB 329, establishing a committee to study the use of an assigned value land tax to replace the property tax. Ways and Means Committee. Vote 3-0. Inexpedient to Legislate, Senator Eaton for the committee.

SB 350-FN-A, creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the department of regional community-technical colleges or any of its component institutions. Ways and Means Committee. Vote 4-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2002-2616s

09/04

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

AN ACT creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the department of regional community-technical colleges or the university system of New Hampshire or any component institutions.

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

1 New Paragraph; Business Profits Tax Credits. Amend RSA 77-A:5 by inserting after paragraph XI the following new paragraph:

XII. The postsecondary science and technology investment tax credits as computed in RSA 187-A:25-b and RSA 188-F:14-d.

2 New Subdivision; University System of New Hampshire; Postsecondary Science and Technology Investment Tax Credit. Amend RSA 187-A by inserting after section 25-a the following new subdivision:

Postsecondary Science and Technology Investment Tax Credit

187-A:25-b Postsecondary Science and Technology Investment Tax Credit.

I. In this section, "contribution" or "contributions" mean cash donations made to the university system of New Hampshire or any of its component institutions or foundations for the purpose of acquiring equipment or constructing, renovating, repairing, or maintaining any facility used for science and technology educational purposes.

II. A investment tax credit equal to 75 percent of the contribution made during the contributor’s tax year shall be allowed against any of the following individually or in combination:

(a) Taxes imposed by RSA 77-A.

(b) Taxes imposed by RSA 77-E.

III. Credits provided by this section applied against the liabilities imposed by RSA 77-E shall be deemed to be taxes paid for the purpose of RSA 77-A:5, X.

IV. The credit or any unused portion thereof may be carried forward for no more than 5 succeeding years, but shall not exceed $1,000,000 in any given tax year.

V.(a) The credit provided by this section shall be available to contributors on or after contributions for which credit is to be taken are actually received.

(b) Contributions received for which credit is to be taken shall not exceed $5,000,000 in any state fiscal year. Contributions received in excess of $5,000,000 in any state fiscal year shall not be eligible for credit in such fiscal year but may be carried forward to the next succeeding fiscal year or years and shall be given priority in determining the total contributions eligible for credit in such fiscal year.

3 New Subdivision; Department of Regional Community-Technical Colleges; Postsecondary Science and Technology Investment Tax Credit. Amend RSA 188-F by inserting after section 14-c the following new subdivision:

Postsecondary Science and Technology Investment Tax Credit

188-F:14-d Postsecondary Science and Technology Investment Tax Credit.

I. In this section, "contribution" or "contributions" mean cash donations made to the department of regional community-technical colleges or any of its component institutions or foundations for the purpose of acquiring equipment or constructing, renovating, repairing, or maintaining any facility used for science and technology educational purposes.

II. A investment tax credit equal to 75 percent of the contribution made during the contributor’s tax year shall be allowed against any of the following individually or in combination:

(a) Taxes imposed by RSA 77-A.

(b) Taxes imposed by RSA 77-E.

III. Credits provided by this section applied against the liabilities imposed by RSA 77-E shall be deemed to be taxes paid for the purpose of RSA 77-A:5, X.

IV. The credit or any unused portion thereof may be carried forward for no more than 5 succeeding years, but shall not exceed $1,000,000 in any given tax year.

V.(a) The credit provided by this section shall be available to contributors on or after the date contributions for which credit is to be taken are actually received.

(b) Contributions received for which credit is to be taken shall not exceed $5,000,000 in any state fiscal year. Contributions received in excess of $5,000,000 in any state fiscal year shall not be eligible for credit in such fiscal year but may be carried forward to the next succeeding fiscal year or years and shall be given priority in determining the total contributions eligible for credit in such fiscal year.

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

2002-2616s

AMENDED ANALYSIS

This bill creates a business profits tax credit for certain donations made for science and technology equipment and facilities to the department of regional community-technical colleges or any of its component institutions and the university system of New Hampshire or any of its component institutions.

SB 353, relative to the definition of "sugar orchard" for purposes of the timber yield tax. Ways and Means Committee. Vote 3-0. Ought to pass with amendment, Senator Gatsas for the committee.

2002-2629s

10/03

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

2 New Paragraph; Definition; Sugar Orchard. Amend RSA 79:1 by inserting after paragraph VII the following new paragraph:

VIII. "Sugar orchard" means a stand of Sugar Maple (Acer saccharum) and/or Red Maple (Acer rubrum) used actively and primarily as a source of sap for the production of maple syrup or related maple products. Active use shall mean that a substantial portion of the maple trees appropriate for tapping of sap are being tapped at least once every 3 years. Such stands shall have clearly established boundaries, and a defined area. In the stand, 50 percent or more of the average basal area of all live trees 2 inches or greater diameter at breast height (dbh) shall be composed of Sugar Maples and/or Red Maples. The area and boundaries of a sugar orchard shall be certified by a licensed forester. Individual Sugar Maple or Red Maple trees that are outside of the boundaries of such a certified sugar orchard and that have been tapped for sap at least once within the 3 years immediately prior to the filing of a notice of intent to cut them shall also be considered to be sugar orchard trees.

3 Release From Taxes Clarified. Amend RSA 79:2 to read as follows:

79:2 Release From Taxes. All growing wood and timber [except fruit trees, sugar orchards, nursery stock, Christmas trees, and trees maintained only for shade or ornamental purposes or for genetically-engineered short rotation tree fiber, which shall not be subject to the yield tax,] shall be released from the general property tax and the school tax in unincorporated places provided for in RSA 198:16, but the land on which such growing wood and timber stands shall be assessed. Timber harvested from sugar orchards for the purpose of enhancing maple sap production, fruit trees, nursery stock, Christmas trees, and trees maintained only for shade or ornamental purposes or for genetically-engineered short rotation tree fiber, shall not be subject to the yield tax.

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

2002-2272-EBA

05/10

Enrolled Bill Amendment to SB 26

The Committee on Enrolled Bills to which was referred SB 26

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

FOR THE COMMITTEE

This enrolled bill amendment corrects the effective date.

Amend the bill by replacing section 6 with the following:

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

Senator Pignatelli moved adoption.

Senator Disnard moved that the following bill be made a Special Order for Wednesday, February 20, 2002 at 10:16 a.m.

HB 1110, relative to the sale of ferrets.

Senator Francoeur moved that the Rules of the Senate be so far suspended as to allow for the introduction of bills, referring bills to committees, scheduling of hearings, and committee reports after the deadlines.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 432 - SCR 3 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

02-3126

SB 432-FN-LOCAL, relative to allowing political subdivision employees who are members of the retirement system to make payment for prior service with other retirement assets. (Sen. Cohen, Dist 24; Sen. D’Allesandro, Dist 20; Rep. Cox, Rock 24; Rep. Langley, Rock 24: Executive Departments and Administration)

02-3143

SB 433, establishing a standardized protocol for interviewing victims of child abuse and relative to developing multi-disciplinary child abuse investigation teams. (Sen. Cohen, Dist 24; Sen. Fernald, Dist 11; Rep. Itse, Rock 11; Rep. Pantelakos, Rock 30: Judiciary)

02-3149

SB 434, establishing the duties of the fish and game commission. (Sen. Disnard, Dist 8; Sen. Flanders, Dist 7; Sen. Roberge, Dist 9; Rep. Carlson, Hills 19; Rep. Gorman, Hills 29; Rep. McKinney, Rock 29: Wildlife and Recreation)

02-3151

SB 435-FN, requiring the supreme court to establish a mental health court pilot program in the Cheshire county district courts. (Sen. Wheeler, Dist 21; Sen. Disnard, Dist 8; Rep. Manning, Ches 9; Rep. Mitchell, Ches 3; Rep. Mock, Carr 3: Judiciary)

02-3157

SB 436, allowing municipalities to adopt a lower interest rate charged on property tax payments made for property redemptions. (Sen. Pignatelli, Dist 13; Sen. Below, Dist 5; Sen. Burns, Dist 1; Sen. Cohen, Dist 24; Sen. D’Allesandro, Dist 20; Sen. Disnard, Dist 8; Sen. Fernald, Dist 11; Sen. Francoeur, Dist 14; Sen. Gordon, Dist 2; Sen. Hollingworth, Dist 23; Sen. Larsen, Dist 15; Sen. McCarley, Dist 6; Sen. O’Neil, Dist 18; Sen. Wheeler, Dist 21; Rep. Dokmo, Hills 14; Rep. Bellavance, Hills 26; Rep. Konys, Hills 33: Ways and Means)

02-3163

SB 437-FN-LOCAL, relative to the protection of public water supplies during emergency conditions and making certain changes to encourage the formation of regional water systems. (Sen. Hollingworth, Dist 23; Sen. Pignatelli, Dist 13; Sen. Cohen, Dist 24; Rep. Blanchard, Rock 33; Rep. Konys, Hills 33; Rep. Wall, Straf 9; Rep. Norelli, Rock 31: Environment)

02-3172

SB 438-FN, extending the retirement while in service election to all retirement system members whose membership is optional. (Sen. Johnson, Dist 3: Executive Departments and Administration)

02-3178

SB 439, relative to the membership of the information technology management advisory board. (Sen. Gatsas, Dist 16; Sen. Roberge, Dist 9; Sen. Barnes, Dist 17; Sen. Klemm, Dist 22; Sen. O’Hearn, Dist 12; Rep. Reeves, Hills 37; Rep. Golding, Hills 38; Rep. Tahir, Hills 38; Rep. Craig, Hills 38: Energy and Economic Development)

02-3184

SB 440, relative to best management practices for water conservation. (Sen. Wheeler, Dist 21; Sen. McCarley, Dist 6; Rep. Blanchard, Rock 33; Rep. Spang, Straf 8; Rep. Dunlap, Straf 18: Environment)

02-3186

SB 441-FN-A, establishing the position of hazardous materials response coordinator and making an appropriation therefor, and establishing a committee to study the interoperability of state agency communications. (Sen. Klemm, Dist 22: Internal Affairs)

02-3187

SB 442-FN, revising the statutes relative to the state militia and providing certain protections for New Hampshire national guard members called to state active duty. (Sen. Barnes, Dist 17; Sen. D’Allesandro, Dist 20; Sen. Johnson, Dist 3; Sen. Eaton, Dist 10; Sen. Roberge, Dist 9; Sen. Disnard, Dist 8; Sen. Flanders, Dist 7; Sen. Gatsas, Dist 16; Sen. Wheeler, Dist 21; Sen. Hollingworth, Dist 23; Sen. Cohen, Dist 24; Rep. Avery, Ches 8; Rep. Fields, Hills 18; Rep. Emerson, Ches 13; Rep. Downing, Rock 26: Executive Departments and Administration)

02-3190

SB 443-FN, relative to the division of condominiums. (Sen. Roberge, Dist 9; Sen. Wheeler, Dist 21; Sen. Johnson, Dist 3: Executive Departments and Administration)

02-3193

SB 444, relative to parents in the classroom. (Sen. Hollingworth, Dist 23; Sen. Cohen, Dist 24: Education)

02-3195

SB 445-FN, relative to a limited right to a jury trial for certain minors prior to commitment to an adult correctional facility. (Sen. McCarley, Dist 6: Judiciary)

02-3198

SB 446, relative to rights and protections for New Hampshire national guard members called to state active duty. (Sen. Barnes, Dist 17; Sen. D’Allesandro, Dist 20; Sen. Johnson, Dist 3; Sen. Hollingworth, Dist 23; Rep. Avery, Ches 8; Rep. Coughlin, Ches 8; Rep. Fields, Hills 18; Rep. Heon, Straf 14; Rep. Emerson, Ches 13: Executive Departments and Administration)

02-3185

SCR 3, expressing the fundamental importance of public health to the people of New Hampshire. (Sen. Wheeler, Dist. 21; Rep. Burnham, Ches. 8; Rep. Emerton, Hills 7: Public Institutions, Health and Human Services)

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

SB 385, relative to electric assistive mobility devices.

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 317, revising the New Hampshire Aeronautics Act.

HB 393, relative to plant nurseries and nursery stock.

Senator D’Allesandro moved adoption.

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

Senator Francoeur moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings, House Messages, Enrolled Bills and Amendments, and that when we adjourn, we adjourn to Wednesday, February 20 2002 at 10:15 a.m.

Third Reading and Final Passage

SB 177-FN-L, relative to computation of tax increments in municipal economic development and revitalization districts.

HB 180-FN, relative to criminal neglect of elderly, disabled, or impaired adults.

HB 295-FN, relative to medicaid recoveries from third party settlements.

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

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

SB 319, relative to participation in international lotteries.

SB 320, establishing a study committee to review independent living retirement communities.

SB 324, urging a study of the operating efficiency of state government.

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

SB 331-FN, relative to the purchase of certain prior service credit by members of the retirement system.

SB 342, relative to the purpose of the certificate of need law.

SB 351, establishing a commission to study the expansion of projects eligible for financial assistance under RSA 486-A.

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

SB 361, establishing a committee to study developing computerized emergency warning systems that use the enhanced 911 data base to provide telephone subscribers with a telephone warning of an emergency situation.

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

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

SB 367, relative to the guardian ad litem board.

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

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

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

SB 383, relative to the location of district courts within judicial districts and changing the names of certain judicial districts.

SB 386, relative to automated external defibrillators.

SB 392, establishing a committee to study certification of mortgage loan originators.

SB 394, relative to the duties of the advisory committee on international trade.

SB 398-FN, authorizing an increase in admission fees for the Seacoast Science Center at Odiorne Point state park in Rye, New Hampshire.

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

SB 400, establishing a committee to study issues concerning the Poison Information and Control Center.

SB 410, relative to large groundwater withdrawal.

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

SB 413, establishing a committee to study background checks for nursing home employees.

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

SB 419, relative to notification of groundwater contamination.

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

HB 463-FN, relative to protective services to adults.

HB 681, relative to billing by local exchange carriers, electric distribution companies, and gas distribution companies.

HB 1397, relative to the annual salary of police commissioners of the town of Wolfeboro.