04/01

Enrolled Bill Amendment to HB 285-FN-LOCAL

The Committee on Enrolled Bills to which was referred HB 285-FN-LOCAL

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

FOR THE COMMITTEE

This enrolled bill amendment makes certain technical corrections and corrects a cross-reference in the bill.

Amend line 3 of RSA 155-A:4 as inserted by section 3 of the bill by replacing it with the following:

signed by the board of selectmen, after its due consideration of any written recommendations of

Amend line 2 of RSA 155-A:10, V as inserted by section 3 of the bill by replacing it with the following:

codes described in RSA 155-A:1, IV, to the extent the board deems that such updates or changes are

Amend line 1 of section 5 of the bill by replacing it with the following:

5 Modular Housing; State Building Code. RSA 205-C:1, II is repealed and reenacted to read as

Amend line 5 of section 7 by replacing with the following:

administered and approved by the state building code review board under RSA 155-A;

Senator Pignatelli moved adoption.

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

HB 285, relative to the adoption of a state building code.

Senator D'Allesandro moved adoption.

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

HB 622, relative to the time period for the executive council to confirm nominees to the supreme court.

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

HB 1110, relative to the sale of ferrets.

HB 1397, relative to the annual salary of police commissioner's of the town of Wolfeboro.

SB 26, relative to probate court procedures regarding adoptions.

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

Senator D'Allesandro moved adoption.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 447 - SCR 4 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

02-3161

SB 447, relative to the regulation of disclosures, communication, and qualifications of real estate brokers and salespersons by the real estate commission. (Sen. Larsen, Dist 15; Rep. Robertson, Rock 20; Rep. Zolla, Rock 13: Executive Departments and Administration)

02-3166

SB 448-FN-A, creating business profits tax credits for contributions made by business organizations for housing for its low and moderate income employees and for certain affordable housing programs. (Sen. Cohen, Dist 24; Sen. Hollingworth, Dist 23; Sen. McCarley, Dist 6; Rep. Dowling, Rock 13; Rep. M. Fuller Clark, Rock 36; Rep. Spiess, Hills 14: Ways and Means)

02-3171

SB 449 , establishing a landlord-tenant mediation pilot program. (Sen. Johnson, Dist 3; Sen. Roberge, Dist 9; Sen. D’Allesandro, Dist 20; Rep. Craig, Hills 38; Rep. Dexter, Ches 11: Executive Departments and Administration)

02-3176

SB 450, establishing a committee to study milfoil and exotic aquatic weed prevention and research. (Sen. Johnson, Dist 3; Rep. J. Bradley, Carr 8: Environment)

02-3181

SB 451, relative to the shoreland protection act. (Sen. Johnson, Dist 3; Sen. Hollingworth, Dist 23; Sen. Disnard, Dist 8; Rep. Babson, Carr 5; Rep. Lovett, Graf 6: Public Affairs)

02-3182

SB 452, relative to fines for violations of the shoreland protection act. (Sen. Johnson, Dist 3; Sen. Below, Dist 5; Sen. Hollingworth, Dist 23; Rep. Babson, Carr 5; Rep. Lovett, Graf 6: Environment)

02-3183

SB 453, relative to setbacks in the shoreland protection act. (Sen. Johnson, Dist 3; Sen. Hollingworth, Dist 23; Sen. Disnard, Dist 8; Rep. Babson, Carr 5; Rep. Lovett, Graf 6: Public Affairs)

02-3191

SB 454-FN, requiring reasonable and realistic opportunities for the development of family/workforce housing. (Sen. Hollingworth, Dist 23: Executive Departments and Administration)

02-3196

SB 455-FN-A, relative to funding for district and probate court security. (Sen. Below, Dist 5; Sen. Hollingworth, Dist 23; Sen. Gordon, Dist 2: Judiciary)

02-3179

(Sen. Larsen, Dist 15; Sen. Gatsas; Dist 16; Sen. Hollingworth, Dist 23; Sen. Wheeler, Dist 21; Sen. Cohen, Dist 24; Sen. McCarley, Dist 6; Sen. Barnes, Dist 17; Rep. Emerton, Hills 7: Public Institutions, Health and Human Services)

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

HB 379, apportioning the executive council districts.

HB 419, apportioning delegates to state party conventions.

HB 420, apportioning state representative districts.

HB 768-FN, relative to DNA testing of criminal offenders.

HB 1000-FN, relative to the acquisition and oversight of certain rights in land located in Pittsburg, Clarksville, and Stewartstown, known as the Connecticut Lakes headwaters tract and making an appropriation therefor; establishing funds for the stewardship of these lands; and allowing state agencies to hold certain rights under the New Hampshire land and community heritage investment program.

HB 1107, establishing a committee to study the telephone policies for juveniles under the care of the department of youth development services.

HB 1109, establishing a commission to study problems related to the delivery of local assistance.

HB 1112, relative to the notice period for hearings on excavation permits.

HB 1118, relative to participation by certain judges in the state employee group health and dental insurance programs.

HB 1133, relative to intrastate fresh pursuit.

HB 1139, allowing the governor to enter into reciprocal international child support agreements.

HB 1148, naming the state office complex on Hazen Drive in the city of Concord the Meldrim Thomson, Jr. State Office Complex.

HB 1151, establishing a commission to examine the status of public school curriculum requirements in civic education.

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

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

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

HB 1196, enabling municipalities to adopt a property tax exemption for deaf or severely , hearing impaired persons.

HB 1207, relative to the regulation of the installation and servicing of fire suppression systems.

HB 1217, relative to payment of trust income.

HB 1221, relative to coordinating certain town and school district meetings.

HB 1223, establishing a committee to study the model insurance rating laws.

HB 1236-FN, establishing a committee to study the adjudication of divorces pursuant to part 2, article 76 of the New Hampshire constitution.

HB 1249, adopting the model Drug Dealer Liability Act.

HB 1251, relative to the use of mercury amalgam fillings by dentists.

HB 1264-FN, relative to district courts and pleas by mail.

HB 1282, establishing a committee to study gaming options for New Hampshire.

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

HB 1310, relative to the city of Manchester’s contributory retirement system.

HB 1338, clarifying that the judicial council is responsible for payment of indigent defense expenses.

HB 1354-FN, licensing body art practitioners.

HB 1364-FN, requiring an accounting of dedicated funds in the budgetary process.

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

HB 1370, relative to establishing a 6-year capital budget.

HB 1390, relative to quality assurance information.

HB 1396, authorizing the state veterinarian to provide wildlife disease prevention and treatment.

HB 1422, establishing certain positions in the insurance department.

HB 1434, lowering the minimum medical cost coverage for motor vehicle liability policies.

HCR 23, urging Congress to abolish the Recreational Fee Demonstration Program on public lands including the White Mountain National Forest.

HCR 27, urging Congress to release information to the public regarding restrictions placed on Italian-American citizens of the United States during World War II.

HCR 28, urging increased federal funding for quality breast cancer research.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 768 - HCR 28 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 768-FN, relative to DNA testing of criminal offenders. Judiciary

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

HB 1107, establishing a committee to study the telephone policies for juveniles under the care of the department of youth development services. Public Institutions, Health and Human Services

HB 1109, establishing a commission to study problems related to the delivery of local assistance. Public Institutions, Health and Human Services

HB 1112, relative to the notice period for hearings on excavation permits. Public Affairs

HB 1118, relative to participation by certain judges in the state employee group health and dental insurance programs. Insurance

HB 1133, relative to intrastate fresh pursuit. Judiciary

HB 1139, allowing the governor to enter into reciprocal international child support agreements. Public Institutions, Health and Human Services

HB 1148, naming the state office complex on Hazen Drive in the city of Concord the Meldrim Thomson, Jr. State Office Complex. Transportation

HB 1151, establishing a commission to examine the status of public school curriculum requirements in civic education. Education

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

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

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

HB 1196, enabling municipalities to adopt a property tax exemption for deaf or severely , hearing impaired persons. Public Affairs

HB 1207, relative to the regulation of the installation and servicing of fire suppression systems. Executive Departments and Administration

HB 1217, relative to payment of trust income. Judiciary

HB 1221, relative to coordinating certain town and school district meetings. Public Affairs

HB 1223, establishing a committee to study the model insurance rating laws. Insurance

HB 1236-FN, establishing a committee to study the adjudication of divorces pursuant to part 2, article 76 of the New Hampshire constitution. Judiciary

HB 1249, adopting the model Drug Dealer Liability Act. Judiciary

HB 1251, relative to the use of mercury amalgam fillings by dentists. Public Institutions, Health and Human Services

HB 1264-FN, relative to district courts and pleas by mail. Judiciary

HB 1282, establishing a committee to study gaming options for New Hampshire. Ways and Means

HB 1298, relative to signage for the sponsor-a-highway program and naming that portion of the New Hampshire hospital campus which has been converted to offices for state agencies and others, the Hugh Gallen State Office Complex. Transportation

HB 1310, relative to the city of Manchester’s contributory retirement system. Executive Departments and Administration

HB 1338, clarifying that the judicial council is responsible for payment of indigent defense expenses. Judiciary

HB 1354-FN, licensing body art practitioners. Executive Departments and Administration

HB 1364-FN, requiring an accounting of dedicated funds in the budgetary process. Finance

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

HB 1370, relative to establishing a 6-year capital budget. Capital Budget

HB 1390, relative to quality assurance information. Judiciary

HB 1396, authorizing the state veterinarian to provide wildlife disease prevention and treatment. Wildlife and Recreation

HB 1422, establishing certain positions in the insurance department. Insurance

HB 1434, lowering the minimum medical cost coverage for motor vehicle liability policies. Insurance

HCR 23, urging Congress to abolish the Recreational Fee Demonstration Program on public lands including the White Mountain National Forest. Wildlife and Recreation

HCR 27, urging Congress to release information to the public regarding restrictions placed on Italian-American citizens of the United States during World War II. Internal Affairs

HCR 28, urging increased federal funding for quality breast cancer research. Public Institutions, Health and Human Services

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

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

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

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

HB 1106, repealing the water pollution control revolving loan fund advisory committee, the local government advisory committee, the New Hampshire industrial heritage commission, and the environmental research advisory committee.

HB 1120, relative to naming a certain island in Lake Winnipesaukee in the town of Moultonborough.

HB 1164, renaming Hill’s Bridge in the town of Lee as the Captain Reuben Hill Bridge.

HB 1246, relative to the chairperson of the board of recount in school district recounts.

HB 1256, relative to Clark Pond Road in the town of Haverhill.

HB 1270-FN, making technical corrections due to the repeal of the legacies and succession tax.

HB 1277, increasing the optional veterans’ property tax credit.

HB 1337, establishing a study committee to review and determine steps to fully implement the infant deafness program.

HB 1348, clarifying the law regarding title-exempted vehicles.

HB 1398, relative to the vote required for issuance of bonds by the Sunapee water and sewer commission.

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

HCR 21, urging the state attorneys general and the Federal Trade Commission to enforce the Telemarketing Sales Rule and urging Congress to adopt the Know Your Caller Act of 2001.

HCR 22, encouraging multiple use management and access for future land transfers to the White Mountain National Forest.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 589 - HCR 22 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

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

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

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

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

HB 1106, repealing the water pollution control revolving loan fund advisory committee, the local government advisory committee, the New Hampshire industrial heritage commission, and the environmental research advisory committee. Environment

HB 1120, relative to naming a certain island in Lake Winnipesaukee in the town of Moultonborough. Wildlife and Recreation

HB 1164, renaming Hill’s Bridge in the town of Lee as the Captain Reuben Hill Bridge. Transportation

HB 1246, relative to the chairperson of the board of recount in school district recounts. Public Affairs

HB 1256, relative to Clark Pond Road in the town of Haverhill. Transportation

HB 1270-FN, making technical corrections due to the repeal of the legacies and succession tax. Ways and Means

HB 1277, increasing the optional veterans’ property tax credit. Ways and Means

HB 1337, establishing a study committee to review and determine steps to fully implement the infant deafness program. Public Institutions, Health and Human Services

HB 1348, clarifying the law regarding title-exempted vehicles. Transportation

HB 1398, relative to the vote required for issuance of bonds by the Sunapee water and sewer commission. Public Affairs

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

HCR 21, urging the state attorneys general and the Federal Trade Commission to enforce the Telemarketing Sales Rule and urging Congress to adopt the Know Your Caller Act of 2001. Executive Departments and Administration

HCR 22, encouraging multiple use management and access for future land transfers to the White Mountain National Forest. Wildlife and Recreation

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

HB 380, apportioning county commissioner districts.

HB 439-FN, establishing a position of septage coordinator and making an appropriation , therefor.

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

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

HB 1108, relative to administrative license suspension hearings.

HB 1119-FN, relative to landfill closing costs reimbursed by the department of environmental services.

HB 1137, relative to the crime of resisting arrest.

HB 1147, relative to the annulment of certain criminal offenses committed under the laws of another jurisdiction.

HB 1153, establishing a committee to study the jurisdiction of the board of manufactured housing, and relative to addressing the location of the records of the board of manufactured housing.

HB 1156, relative to the issuance of building permits on private roads.

HB 1166, relative to alcoholic product advertising.

HB 1167, permitting wine manufacturers to sell their products at farmers’ markets.

HB 1171, relative to organic food production.

HB 1180, establishing a task force to research revenue streams to fund intermodal transportation systems in New Hampshire.

HB 1187-FN, relative to criminal penalties for possession of a firearm in a safe school zone.

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

HB 1215, relative to county delegations.

HB 1220, relative to assisted living residences and housing for older persons.

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

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

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

HB 1284, relative to the time frame for petitions for zoning changes submitted to local planning boards.

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

HB 1286, increasing the time period during which warrantless arrests for violations of the stalking law and violations of restraining orders in domestic cases are permitted.

HB 1288, relative to regular meetings of local planning boards.

HB 1311, relative to certain mental health records and establishing a committee to study the protection of certain medical information.

HB 1328, defining instructional time in public elementary and secondary schools.

HB 1336-FN, permitting wine manufacturers to be issued restaurant licenses.

HB 1356-FN, establishing the criminal offense of felony pursuit.

HB 1361-FN, relative to the regulation of business practices between off highway recreational vehicle manufacturers, distributors, and dealers.

HB 1373-FN, relative to the participation in the New Hampshire retirement system by certain school district employees.

HB 1377-FN, relative to the regulation of physical therapists.

HB 1402, designating segments of the Isinglass River as protected under the rivers management and protection program.

HB 1405, relative to the Memorial Day holiday.

HB 1414-FN, relative to taxation of excavation areas.

HB 1423-FN, relative to state or local government security issues under the right-to-know law and relative to threats of biological or chemical substances.

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

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

HB 1444, requiring a majority vote of the legislature prior to placing memorials on certain state grounds.

HB 1451-FN, implementing the Mobile Telecommunications Sourcing Act.

HB 1453, extending the committee studying the status of veterans in New Hampshire and relative to the membership of the state veterans’ advisory committee.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 439 - 1453 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 439-FN, establishing a position of septage coordinator and making an appropriation , therefor. Environment

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

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

HB 1108, relative to administrative license suspension hearings. Judiciary

HB 1119-FN, relative to landfill closing costs reimbursed by the department of environmental services. Environment

HB 1137, relative to the crime of resisting arrest. Judiciary

HB 1147, relative to the annulment of certain criminal offenses committed under the laws of another jurisdiction. Judiciary

HB 1153, establishing a committee to study the jurisdiction of the board of manufactured housing, and relative to addressing the location of the records of the board of manufactured housing. Executive Departments and Administration

HB 1156, relative to the issuance of building permits on private roads. Public Affairs

HB 1166, relative to alcoholic product advertising. Ways and Means

HB 1167, permitting wine manufacturers to sell their products at farmers’ markets. Ways and Means

HB 1171, relative to organic food production. Environment

HB 1180, establishing a task force to research revenue streams to fund intermodal transportation systems in New Hampshire. Transportation

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

HB 1215, relative to county delegations. Public Affairs

HB 1220, relative to assisted living residences and housing for older persons. Executive Departments and Administration

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

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

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

HB 1284, relative to the time frame for petitions for zoning changes submitted to local planning boards. Public Affairs

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

HB 1286, increasing the time period during which warrantless arrests for violations of the stalking law and violations of restraining orders in domestic cases are permitted. Judiciary

HB 1288, relative to regular meetings of local planning boards. Public Affairs

HB 1311, relative to certain mental health records and establishing a committee to study the protection of certain medical information. Judiciary

HB 1328, defining instructional time in public elementary and secondary schools. Education

HB 1336-FN, permitting wine manufacturers to be issued restaurant licenses. Executive Departments and Administration

HB 1356-FN, establishing the criminal offense of felony pursuit. Judiciary

HB 1361-FN, relative to the regulation of business practices between off highway recreational vehicle manufacturers, distributors, and dealers. Transportation

HB 1373-FN, relative to the participation in the New Hampshire retirement system by certain school district employees. Executive Departments and Administration

HB 1377-FN, relative to the regulation of physical therapists. Executive Departments and Administration

HB 1402, designating segments of the Isinglass River as protected under the rivers management and protection program. Environment

HB 1405, relative to the Memorial Day holiday. Internal Affairs

HB 1414-FN, relative to taxation of excavation areas. Ways and Means

HB 1423-FN, relative to state or local government security issues under the right-to-know law and relative to threats of biological or chemical substances. Judiciary

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

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

HB 1444, requiring a majority vote of the legislature prior to placing memorials on certain state grounds. Internal Affairs

HB 1451-FN, implementing the Mobile Telecommunications Sourcing Act. Ways and Means

HB 1453, extending the committee studying the status of veterans in New Hampshire and relative to the membership of the state veterans’ advisory committee. Internal Affairs

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

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

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Thursday, March 14, 2002, at 1:00 p.m.

The Senate met at 1:00 p.m.

A quorum was present.

The prayer was offered by Rev. Dr. Robert E. De Wetter, Senate Guest Chaplain.

Senator Johnson led the Pledge of Allegiance.

Senator Pignatelli is excused for the day.

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

SB 199, relative to the voting procedures for authorizing certain capital projects in interstate school districts.

HB 162-FN-L, ratifying the school board meetings and elections for Mascoma Valley Regional and Bartlett School Districts. Education Committee. Vote 4-0. Inexpedient to Legislate, Senator O'Hearn for the committee.

SB 439, relative to the membership of the information technology management advisory board. Energy and Economic Development Committee. Vote 3-0. Ought to pass with amendment, Senator Below for the committee.

2002-2901s

05/10

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

1 New Subparagraphs; Department of Administrative Services; Information Technology Management Advisory Board; Members Added. Amend RSA 21-I:71, II by inserting after subparagraph (k) the following new subparagraphs:

(l) Two state senators, who shall serve as non-voting members, appointed by the senate president for the duration of their legislative term.

(m) Two state representatives, who shall serve as non-voting members, appointed by the speaker of the house of representatives for the duration of their legislative term.

(n) The chancellor of the university system of New Hampshire, or designee, who shall serve as a non-voting member.

(o) The governor, or designee, who shall serve as the chairperson of the board.

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

2002-2901s

AMENDED ANALYSIS

This bill expands the membership of the information technology management advisory board to include legislative members, the chancellor of the university system, and the governor or the governor’s designee.

Senator Eaton moved to have SB 439, relative to the membership of the information technology management advisory board, laid on the table.

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

Senator Boyce served notice of reconsideration on SB 300, relative to the adoption of bonds or notes in certain school districts and municipalities.

SB 440, relative to best management practices for water conservation. Environment Committee. Vote 3-0. Ought to Pass, Senator Below for the committee.

Senator Francoeur moved to have SB 440, relative to best management practices for water conservation, laid on the table.

SB 440, relative to best management practices for water conservation.

SB 450, establishing a committee to study milfoil and exotic aquatic weed prevention and research. Environment Committee. Vote 3-0. Inexpedient to Legislate, Senator Johnson for the committee.

SB 432-FN-L, relative to allowing political subdivision employees who are members of the retirement system to make payment for prior service with other retirement assets. Executive Departments and Administration Committee. Vote 5-0. Inexpedient to Legislate, Senator Francoeur for the committee.

SB 438-FN, extending the retirement while in service election to all retirement system members whose membership is optional. Executive Departments and Administration Committee. Vote 5-0. Inexpedient to Legislate, Senator Francoeur for the committee.

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. Executive Departments and Administration Committee. Vote 5-0. Interim Study, Senator D'Allesandro for the committee.

Senator D'Allesandro offered a floor amendment.

2002-2977s

09/01

Floor Amendment to SB 442-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 revising the statutes relative to the state militia and the state guard.

2 Membership and Compensation.

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

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

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

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

3 Duties. The committee shall study issues involved in revising the statutes relative to the state militia and the state guard, which are currently RSA 110-B and RSA 111.

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.

2002-2977s

AMENDED ANALYSIS

This bill establishes a committee to study revising the statutes relative to the state militia and the state guard.

SB 443-FN, relative to the division of condominiums. Executive Departments and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator Francoeur for the committee.

2002-2960s

05/10

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

1 Findings and Purpose.

I. The general court finds that the New Hampshire condominium act permits the establishment of condominiums and condominium unit owners associations under a statutorily created regime for common ownership of land submitted to a declaration of condominium; and that condominiums are intended to be self-governing entities through operation of a unit owners association, subject to and in conformity with applicable law.

II. The general court further finds that there are condominium communities within the state in which rational and commonly beneficial reasons may exist for unit owners to divide their condominium into smaller condominiums governed by smaller unit owners associations. The condominium act currently contains no provision by which such division of a condominium may be accomplished by vote of a unit owners association.

III. It is in the public interest and consistent with the purpose of the condominium act to establish a statutory procedure by which a unit owners association may voluntarily divide a condominium into separate entities. It is the intent and the purpose of this act to allow for this voluntary process.

2 New Section; Division of Condominium. Amend RSA 356-B by inserting after section 34 the following new section:

356-B:34-a Division of Condominium. Notwithstanding the provisions of RSA 356-B:34, a condominium shall be deemed to have been terminated if it is terminated in accordance with the following provisions:

I. A condominium containing 50 or more residential units may be terminated and divided into separate and smaller condominiums by amendment to the condominium instruments pursuant to a written agreement consented to by the unit owners to which 4/5 of the votes in the existing unit owners association and 4/5 of the votes in each resulting unit owners association appertain, as such votes are allocated in accordance with RSA 356-B:39 and the condominium instruments of the existing condominium, and with any consent of mortgagees holding interests in the condominium units as may be required under the condominium instruments of the existing condominium for any action of the unit owners association to terminate the condominium or to subdivide the common areas thereof.

II. Agreement of the required number of unit owners to divide the condominium shall be evidenced by their execution of an agreement or by execution by the president and treasurer of the existing unit owners association accompanied by a certification by the clerk or secretary of the association that the requisite number of unit owners has executed the agreement or has voted in favor thereof either at a meeting duly called for such purpose or by written consent in lieu of such a meeting and the same shall become effective only when such agreement and an effectuating amendment to the condominium instruments in accordance with paragraph III is placed on record at the registry of deeds.

III. An amendment to the condominium instruments adopted pursuant to this section shall establish a separate declaration of condominium with respect to each condominium resulting from the division and shall:

(a) Conform to all applicable provisions of RSA 356-B.

(b) Reallocate the interests in the common areas in accordance with the agreement of unit owners.

(c) Establish easements or other rights of entry, access, egress, usage, or sharing of utilities or other common facilities in accordance with the agreement of unit owners.

(d) Provide for the division of the assets and liabilities of the existing condominium in accordance with the agreement of the unit owners.

(e) Describe any rights to common profits or liability for common expenses which may be shared among any condominiums resulting from the division.

(f) Permit the election by unit owners whose units shall be within such resulting condominiums of representatives of the unit owners associations resulting from the division who shall be authorized to execute condominium instruments for such resulting condominiums.

(g) Contain any and all other provisions necessary or desirable for the equitable division of the condominium.

(h) Be signed by the president and treasurer of the existing unit owners association.

IV.(a) An amendment to the condominium instruments adopted pursuant to this section shall be deemed a material change requiring submission to the consumer protection bureau, office of the attorney general, of an application for approval of the division by or on behalf of the unit owners association, executed by the president or treasurer of the existing unit owners association, which shall provide the following information on a form to be prescribed by the attorney general:

(1) The required consent that was obtained.

(2) The date upon which the required consent was obtained.

(3) The number of units in the existing condominium.

(4) The number of units that are substantially completed in the existing condominium.

(5) The number of units in each resulting condominium specifying the number which are substantially complete or not.

(6) A delineation of any expandable or withdrawable land in the existing or resulting condominiums.

(7) The agreement of the unit owners executed in accordance with this section.

(8) The amendment required by this section, including all necessary condominium instruments executed by the authorized representatives of the resulting unit owners associations.

(9) A certification by the president or treasurer of the existing unit owners association that all required approvals or other actions, including municipal planning board or zoning board approvals, exceptions or variances, and all approvals required under this section, have been obtained.

(10) A certification by the president or treasurer of the existing unit owners association that notice has been provided to the unit owners of the filing of the application for approval, and that any unit owner may submit comments to the attorney general regarding the application.

(11) A certification by the president or treasurer of the existing unit owners association that mortgagees have consented to the division, if and to the extent required by this section.

(b) A fee of $1000 shall be submitted to the attorney general at the time of the filing of the application.

V.(a) The attorney general shall review the application for approval submitted pursuant to this section and shall approve the application upon determination that:

(1) The amendment conforms to the requirements of this section.

(2) The condominium instruments submitted with respect to each resulting condominium conform to the provisions of RSA 356-B.

(3) There is a rational basis for the proposed division.

(4) The proposed division is in furtherance of a lawful purpose.

(5) The amendment and condominium instruments are not unfair or inequitable to unit owners.

(b) The attorney general may require submittal of such additional information as may be reasonably necessary to make such determinations.

(c) Within 120 days after receipt of the complete application and statutory fee submitted pursuant to this section, the attorney general shall notify the submitting party that the division of the condominium is approved or shall state in writing the reasons for objection. Any such non-approval shall not prevent the resubmission of the application. Failure by the attorney general to notify the applicant within this period shall be deemed approval, and the applicant may record a certificate so attesting.

(d) No amendment adopted pursuant to this section shall be placed on record until approved by the attorney general.

VI. Nothing in this section shall limit or derogate the statutory authority of any municipality over subdivisions, zoning, land use, or planning.

VII. Nothing in this section shall be construed to limit the ability of a unit owners association to adopt a provision in its condominium instruments expressly waiving the right to avail itself of the procedures set forth in this section to terminate the condominium and divide it into separate and smaller condominiums.

VIII. This act shall apply to all condominiums containing 50 or more residential units within the state, regardless of the date upon which such condominium was or may be declared.

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

SB 454-FN, requiring reasonable and realistic opportunities for the development of family/workforce housing. Executive Departments and Administration Committee. Vote 5-0. Interim Study, Senator Larsen for the committee.

HB 462-FN, requiring state regulatory boards, commissions, advisory boards, advisory committees, and authorities to develop an orientation manual for new members. Executive Departments and Administration Committee. Vote 2-0. Ought to pass with amendment, Senator Larsen for the committee.

2002-2905s

05/10

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

AN ACT requiring state regulatory boards, commissions, advisory boards, advisory committees, and authorities to provide orientation information for new members.

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

1 New Chapter; Orientation Information for Board and Commission Members. Amend RSA by inserting after chapter 20-A the following new chapter:

CHAPTER 20-B

ORIENTATION INFORMATION FOR BOARD AND COMMISSION MEMBERS

20-B:1 Orientation Information. Every state regulatory board, commission, advisory board, advisory committee, and authority shall provide orientation information for its new members. The orientation information may include the business procedures of the regulatory board, commission, advisory board, advisory committee, or authority, the mailing address and phone number of the office, a list of the members and staff, the customary meeting schedule, and any other pertinent information.

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

2002-2905s

AMENDED ANALYSIS

This bill requires state regulatory boards, commissions, advisory boards, advisory committees, and authorities to provide orientation information to new members.

HB 1223, establishing a committee to study the model insurance rating laws. Insurance Committee. Vote 3-0. Ought to Pass, Senator Burns for the committee.

HB 1384, making certain technical changes to the workers' compensation law. Insurance Committee. Vote 3-0. Ought to Pass, Senator Larsen for the committee.

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. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator Boyce for the committee.

SB 433, establishing a standardized protocol for interviewing victims of child abuse relative to developing multi-disciplinary team investigations of child abuse and neglect. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-2903s

05/01

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

AN ACT establishing a standardized protocol for interviewing victims of child abuse.

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

1 New Section; Child Protection Act; Standardized Protocol for Interviewing Victims of Child Abuse and Neglect. Amend RSA 169-C by inserting after section 38 the following new section:

169-C:38-a Standardized Protocol for Interviewing Victims of Child Abuse and Neglect. The department of health and human services, in collaboration with the department of justice, shall develop a standardized protocol for interviewing victims of child abuse and neglect.

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

2002-2903s

AMENDED ANALYSIS

This bill requires the department of health and human services, in collaboration with the department of justice, to develop a standardized protocol for interviewing victims of child abuse.

Senator Cohen offered a floor amendment.

2002-2971s

05/04

Floor Amendment to SB 433

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; Department of Justice; Standardized Protocol for Interviewing Victims of Child Abuse and Neglect. Amend RSA 21-M by inserting after section 8-l the following new section:

21-M:8-m Standardized Protocol for Interviewing Victims of Child Abuse and Neglect. The department of justice, in collaboration with county attorneys and the department of health and human services, shall develop a standardized protocol for local law enforcement personnel to investigate and interview victims of child abuse and neglect. The protocol shall encourage multi-disciplinary investigations of child abuse allegations and shall address the need to establish safe and appropriate places for interviewing children.

2 Department of Justice; Grant Applications for Multi-Disciplinary Team Investigations of Child Abuse and Neglect. The department of justice shall submit grant applications for federal and private funds to establish multi-disciplinary child abuse investigation teams in each county. The department of justice may coordinate applications for funds with county attorneys, local law enforcement agencies, the department of health and human services, and appropriate private service organizations.

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

2002-2971s

AMENDED ANALYSIS

This bill requires the department of justice, in collaboration with county attorneys and the department of health and human services, to develop a standardized protocol for interviewing victims of child abuse.

The bill also requires the department of justice to apply for grants to establish multi-disciplinary child abuse investigation teams.

Senator McCarley moved to have SB 433, establishing a standardized protocol for interviewing victims of child abuse relative to developing multi-disciplinary team investigations of child abuse and neglect, laid on the table.

SB 433, establishing a standardized protocol for interviewing victims of child abuse relative to developing multi-disciplinary team investigations of child abuse and neglect.

SB 435-FN, requiring the supreme court to establish a mental health court pilot program in the Cheshire county district courts. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Fernald for the committee.

2002-2904s

09/10

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

AN ACT requiring the supreme court to establish a mental health court pilot program in the Keene District Court.

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

1 Purpose. The purpose of the mental health court pilot program in the Keene District Court is to maximize cooperation between the mental health treatment system and the criminal justice system. The program is intended to achieve the following outcomes for the mentally ill misdemeanant populations: faster case processing time, improved access to public mental health treatment services, improved well-being, and reduced recidivism. An important outcome which this program may achieve for the larger community is improved public safety.

2 Mental Health Court Pilot Program to be Established in the Keene District Court. The supreme court shall establish, through the adoption of rules, a mental health court pilot program in the Keene District Court. The mental health court shall hear misdemeanor cases involving mentally ill persons and divert such persons, when necessary, from the criminal justice system to appropriate mental health treatment programs and services.

3 Legislative Oversight Committee.

I. There is established a legislative oversight committee to study and make recommendations on the mental health court pilot program in the Keene District Court, established in section 2 of this act.

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

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

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

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

III. The legislative oversight committee shall study the mental health court pilot program and make recommendations on its continuation, funding, and expansion to other counties.

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

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

4 Repeal. Sections 1-3 of this act, relative to the mental health court pilot program in the Keene District Court and the legislative oversight committee, are repealed.

5 Effective Date.

I. Section 4 of this act shall take effect January 1, 2005.

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

2002-2904s

AMENDED ANALYSIS

This bill requires the supreme court to establish a mental health court pilot program in the Keene District Court. The mental health court shall hear misdemeanor cases involving individuals with mental illness.

Senator D'Allesandro moved that the Rules of the Senate be so far suspended as to hear a committee report not advertised in the Senate Calendar.

SB 446, and act relative to rights and protections for New Hampshire national guard members called to state and active duty. Executive Departments and Administration Committee. Senator D'Allesandro for the committee. Vote 5-0. Ought to pass.

Senator Barnes offered a floor amendment.

2002-2976s

01/10

Floor Amendment to SB 446

Amend RSA 110-C:2, I as inserted by section 1 of the bill by replacing it with the following:

I. Any person who shall be called by the governor to active duty for a period of 30 days or more as a member of the state guard or national guard or as a member of the militia, shall be afforded the same civil protections, rights, privileges, benefits and relief, accorded under the Soldiers and Sailors Civil Relief Act, 50 U.S.C. Section 500 et seq., and Section 560 et seq., as if they had been called to federal active duty in the service of the United States.

2002-2976s

AMENDED ANALYSIS

This bill provides protection from discrimination in employment and re-employment for New Hampshire national guard members called to state active duty. The bill also contains provisions for the same civil relief, rights, defenses, benefits, and protections for New Hampshire national guard members called to state active duty for a period of 30 days or more as are provided for federal military service.

SB 445-FN, relative to a limited right to a jury trial for certain minors prior to commitment to an adult correctional facility. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Fernald for the committee.

2002-2955s

04/01

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

1 New Paragraph; Delinquent Children; Limited Right to a Jury Trial. Amend RSA 169-B:19 by inserting after paragraph III-a the following new paragraph:

III-b.(a) A minor who meets the criteria for commitment to an adult correctional facility pursuant to RSA 169-B:4, RSA 169-B:19, III, or RSA 169-B:19, III-a, and whose disposition includes an order of conditional release extending beyond the juvenile’s seventeenth birthday, or suspended, deferred, or imposed incarceration at an adult correctional facility shall not be committed without first being afforded the right to a jury trial or waiving the right to a jury trial.

(b) Any minor sentenced after a contested adjudicatory hearing to an order of conditional release extending beyond the juvenile’s seventeenth birthday or suspended, deferred, or imposed incarceration at an adult correctional facility may, after the disposition is issued, request a de novo trial before a jury. To obtain a de novo jury trial under this chapter, the juvenile shall file a written request in the clerk’s office within 3 days of the dispositional order. A copy of the written request shall also be provided to the local prosecutor and the county attorney. The request shall be given priority on the court’s calendar. Whenever possible, any such hearing shall be held in a district court building equipped with jury capability. It shall be conducted by a district court judge specially assigned by the administrative judge of the district court. The jury panel shall be chosen from the jury pool of the superior court serving the county in which the court is located.

(c) The court in which the petition originated shall retain jurisdiction over all matters and orders pertaining to the placement, suspension, and treatment of the juvenile during the pendency of the pre-trial and trial proceedings. The request for jury trial shall not suspend any provisions of the original court’s order regarding placement, supervision, evaluation, or treatment. All other orders shall be vacated pending the de novo jury trial. The judge assigned to conduct the jury trial shall have authority to preside over the jury trail, decide trial management issues, and rule on all pre-trial and post-trial adjudicatory findings. In the event the juvenile waives the right to jury trial after the case has been specially assigned, the case shall be returned to the court in which the petition originated for continued action pursuant to this chapter.

(d) In the event the jury returns a finding of not true on all charges, the dispositional order in its entirety shall be vacated. In the event the jury returns a finding of true on one or more of the charges, the trial judge shall review and may reinstate or modify only those portions of the dispositional order made by the originating court suspended under this section during the pendency of the de novo process. In all other respects, the original dispositional order shall remain in effect.

(e) The provisions of RSA 169-B:34 through 169-B:38, relating to confidentiality of proceedings and records, shall apply to all de novo trials conducted pursuant to this section.

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

2002-2955s

AMENDED ANALYSIS

This bill provides that a minor adjudged delinquent whose disposition includes an order of conditional release extending beyond the juvenile’s seventeenth birthday, or suspended, deferred, or imposed incarceration at an adult correctional facility shall have the right to a jury trial prior to such incarceration.

SB 455-FN-A, relative to funding for district and probate court security. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-2956s

09/10

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

1 Transfer of Funds from Escrow Fund for Court Facility Improvements to District and Probate Security. Notwithstanding the footnotes to 2001, 130:1.02, 01, 06 and the provisions of RSA 490:26-c, the supreme court may transfer up to $700,000 from the escrow fund for court facility improvements to 2001,130:1.02, 01, 06, class 90 for district and probate court security. To reimburse the escrow fund for court facility improvements for the amount transferred under this section, the courts shall increase each entry fee by $5 until the total amount transferred for district and probate court security is reimbursed to the escrow fund. The commissioner of administrative services shall notify the supreme court when the escrow fund has been fully reimbursed and, within 30 days of such notice, the court shall decrease each entry fee by $5.

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

2002-2956s

AMENDED ANALYSIS

This bill authorizes the supreme court to use up to $700,000 in the escrow fund for court facility improvements for district and probate court security, and provides that each court entry fee shall be increased by $5 until the amount used for district and probate court security is reimbursed to the escrow fund.

HB 567-FN-L, extending the reporting date of the commission for the development of a statewide protocol for interviewing victims of sexual assault crimes. Judiciary Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

HB 137, establishing a committee to study the definition of domicile for voting purposes. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Barnes for the committee.

2002-2861s

03/01

Amend the bill by replacing section 2 with the following:

2 Membership and Compensation.

I. The committee shall consist of 5 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.

Amend the bill by replacing section 5 with the following:

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

HB 266, establishing a committee to study recodification of the election laws. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.

2002-2862s

03/01

Amend the bill by replacing section 5 with the following:

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

HB 498, relative to standards for records filed with a registry of deeds. Public Affairs Committee. Vote 3-0. Inexpedient to Legislate, Senator Roberge for the committee.

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

Senator Burns offered a floor amendment.

Sen. Burns, Dist. 1

Sen. Hollingsworth, Dist. 23

2002-2963s

06/01

Floor Amendment to HB 498

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 Exemption From Real Estate Transfer Tax. The provisions of RSA 78-B shall not apply to transfers of real estate or any interest in real estate to or from any organization exempt from federal taxation under section 501 of the United States Internal Revenue Code of 1986, as amended, that are necessary to achieve the purchase of a certain tract of land and related conservation easements located in Pittsburg, Clarksville and Stewartstown, New Hampshire, known as the Connecticut Lakes Headwaters tract. The exception provided in this section shall apply only to the exempt organization. Any non-exempt sellor, grantor, assignor, transferor, or purchaser of any real estate or interest in real estate shall be liable for the payment of the tax imposed by RSA 78-B:1.

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

2002-2963s

AMENDED ANALYSIS

This bill exempts federal tax exempt organizations from the New Hampshire real estate transfer tax for any transfers of real estate or interests in real estate that are necessary for the purchase of land and conservation easements in the Connecticut Lakes headwaters tract.

HB 712-FN, relative to the coordination of state, regional, and local planning efforts. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Barnes for the committee.

2002-2687s

05/09

Amend the bill by replacing section 3 with the following:

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

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

Amend RSA 9-A:1, IV as inserted by section 4 of the bill by replacing it with the following:

IV. The comprehensive development plan shall serve as the basis for policy and program development by the various departments of state government. State agencies shall develop [program] and regional planning commissions and local planning boards are encouraged to develop plans which are consistent with the policies and priorities established in the comprehensive development plan.

Amend RSA 36:47, III as inserted by section 8 of the bill by replacing it with the following:

III. In preparing a comprehensive plan for the development of the region within its jurisdiction, each regional planning commission may use the framework for the state’s comprehensive development plan in RSA 9-A:1, III as the basis for its plan. Such plan shall be updated every 5 years or sooner if desired by the regional planning commission. Prior to its adoption, the plan shall be distributed to every library, planning board and board of selectmen/aldermen/city council in each of the communities within the region, and to the office of state planning. The regional planning commission shall address in writing all comments received prior to the publication of a final draft. A public hearing shall be held by the regional planning commission with 30 days’ notice published in all newspapers of general circulation in the region, and shall state where the document can be viewed, the time and place of the public hearing, and shall allow for written comments. For each regional plan, the office of state planning shall offer comments as to its consistency with the state plan. The first regional development plans affected by this statute shall be adopted within 5 years of the effective date of this paragraph and renewed at least every 5 years thereafter.

2002-2687s

AMENDED ANALYSIS

This bill coordinates state and local land use planning efforts through increased consistency in the structure of master plans developed at the state, regional and local level.

Senator Eaton moved to have SB 439, relative to the membership of the information technology management advisory board, taken off the table.

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

Senator Eaton offered a floor amendment.

2002-2961s

05/10

Floor Amendment to SB 439

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

1 Information Technology Management Advisory Board; Membership; Voting Status. Amend RSA 21-I:71, II(j) and (k) to read as follows:

(j) One representative of municipal government, [who shall serve as a non-voting member,] appointed by the governor for a 3-year term.

(k) One representative of county government, [who shall serve as a non-voting member,] appointed by the governor for a 3-year term.

2 New Subparagraphs; Department of Administrative Services; Information Technology Management Advisory Board; Members Added. Amend RSA 21-I:71, II by inserting after subparagraph (k) the following new subparagraphs:

(l) Two state senators, who shall serve as non-voting members, appointed by the senate president for the duration of their legislative term.

(m) Two state representatives, who shall serve as non-voting members, appointed by the speaker of the house of representatives for the duration of their legislative term.

(n) The chancellor of the university system of New Hampshire, or designee, who shall serve as a non-voting member.

(o) The governor, or designee, who shall serve as the chairperson of the board.

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

2002-2961s

AMENDED ANALYSIS

This bill:

I. Makes the representatives of municipal and county government voting members of the information technology management advisory board.

II. Expands the membership of the information technology management advisory board to include legislative members, the chancellor of the university system, and the governor or the governor’s designee.

HB 658-FN-A, relative to the homeless prevention fund. Public Institutions, Health and Human Services Committee. Vote 3-0. Inexpedient to Legislate, Senator Wheeler for the committee.

HB 1131, establishing a committee to study increasing the number of physicians who are New Hampshire residents. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to Pass, Senator O'Hearn for the committee.

Senator O'Hearn offered a floor amendment.

2002-2942s

01/09

Floor Amendment to HB 1131

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

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

7 Reference Change. Amend RSA 329:14, II to read as follows:

II. No application shall be granted unless the board finds that the applicant possesses the necessary educational, character and other professional qualifications to practice medicine, and that no circumstances exist which would be grounds for disciplinary action against a licensed physician pursuant to RSA 329:17, [II] I.

2002-2942s

AMENDED ANALYSIS

This bill establishes a committee to study increasing the number of physicians who are New Hampshire residents.

This bill also makes a technical change to a reference in the physicians and surgeons law.

Senator McCarley moved to have SB 440, relative to best management practices for water conservation, taken off the table.

Senator Flanders is excused for the day.

HB 1136, proclaiming February 14 as Congenital Heart Defect Awareness Day. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to Pass, Senator McCarley for the committee.

HB 1222, exempting ice-out contests from the laws regulating games of chance. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Barnes for the committee.

Senator Boyce, having voted on the prevailing side, moved reconsideration on SB 300, relative to the adoption of bonds or notes in certain school districts and municipalities, whereby we sent it to interim study.

Senator Boyce offered a floor amendment.

2002-2972s

10/01

Floor Amendment to SB 300

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 Towns or District Bonds or Notes; Adoption Amended. Amend RSA 33:8 to read as follows:

33:8 Town or District Bonds or Notes. Except as otherwise specifically provided by law, the issue of bonds or notes by any municipal corporation, except a city or a town which has adopted a charter pursuant to RSA 49-B, without a budgetary town meeting, and except a school district or municipality which has adopted official ballot voting procedures pursuant to RSA 40:13 shall be authorized by a vote by ballot of 2/3, and the issue of tax anticipation notes, by a vote of a majority, of all the voters present and voting at an annual or special meeting of such corporation, called for the purpose. The issue of notes or bonds by a school district or municipality which has adopted official ballot voting procedures pursuant to RSA 40:13 shall be authorized by a vote of 3/5. Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority. No such action taken at any special meeting shall be valid unless a majority of all the legal voters are present and vote at such special meeting, unless the governing board of any municipality shall petition the superior court for permission to hold an emergency special meeting, which, if granted, shall give said special meeting the same authority as an annual meeting. The warrant for a special meeting shall be published once in a newspaper having a general circulation in the municipality within one week after the posting of such special meeting. The warrant for any such annual or special meeting shall be served or posted at least 14 days before the date of such special meeting. Every warrant shall be deemed to have been duly served or posted, if the return on the warrant shall so state, and it shall be certified by the officer or officers required to serve or post the same. All bonds or notes, authorized in accordance with this chapter, shall be signed by the governing board, or a majority of the governing board, and countersigned by the treasurer of the municipality, and shall have the corporate seal, if any, affixed to it. The discretion of fixing the date, maturities, denominations, the interest rate, or discount rate in the case of notes, the place of payment, the form and other details of said bonds or notes and of providing for the sale of such bonds or notes, may be delegated to the governing board or to the treasurer and shall, to the extent provision therefor shall not have been made in the vote authorizing the same, be deemed to have been delegated to the governing board.

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

2002-2972s

AMENDED ANALYSIS

This bill clarifies the calculation of the 3/5 majority in votes for the issuance of bonds or notes under official ballot voting procedures.

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 Thursday, March 21, 2002 at 10:15 a.m.

Third Reading and Final Passage

HB 137, establishing a committee to study the definition of domicile for voting purposes.

HB 266, establishing a committee to study recodification of the election laws.

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

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

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

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

SB 446, and act relative to rights and protections for New Hampshire national guard members called to state and active duty.

HB 498, relative to standards for records filed with a registry of deeds.

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

HB 1136, proclaiming February 14 as Congenital Heart Defect Awareness Day.

HB 1222, exempting ice-out contests from the laws regulating games of chance.

HB 1223, establishing a committee to study the model insurance rating laws.

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