SENATE

JOURNAL 7 (cont.)

March 14, 2002

Out of recess.

HOUSE MESSAGE

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

HB 1320, establishing a committee to study establishing enterprise zones in economically deprived communities.

HB 1329-FN, relative to fiscal notes.

HB 1342, relative to preparation of fiscal notes.

HB 1344, establishing a village plan alternative subdivision in zoning and land use planning laws.

HB 1349-FN, establishing a committee to study electric utility restructuring in the territory currently serviced by Connecticut Valley Electric Company.

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

HB 1357-FN, relative to the form of drivers’ licenses.

HB 1360-FN, relative to recommendations, appointments, and qualifications of marital masters and procedures for cases heard by marital masters.

 

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

HB 1366-FN, establishing a state employee recognition and award program.

HB 1372-FN, relative to certain residential care facilities.

HB 1388, relative to respiratory care.

HB 1393, relative to business replacement costs resulting from government program, displacement.

HB 1407, relative to the definition of abutter in planning and zoning laws, allowing planning and zoning boards to require public notice by posting signs for hearings on the property, and relative to establishing certain criteria to permit variances from zoning ordinances

HB 1409-FN, relative to payment of autopsy expenses.

HB 1410, ratifying the 2001 Amherst annual town meeting, and the 2001 Pembroke town meeting.

HB 1413, relative to disclosure of information by hospitals.

HB 1415, relative to removing certain extensions for abatement decisions, replies and appeals in a year of property revaluation.

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

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

HB 1429, relative to the scope of the consumer protection act.

HB 1433, prohibiting intoxication and constructive possession of alcohol by minors.

HB 1435, extending the reporting dates of certain study committees.

HB 1436-FN, relative to requiring treatment for persons convicted of DWI offenses.

HB 1437-FN, relative to increasing the staff in the consumer protection and antitrust bureau of the department of justice.

HB 1438-FN, relative to registration of health clubs.

HB 1439-FN, relative to an agreement between the state of New Hampshire and city of Laconia and making an appropriation therefor.

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

HB 1443, relative to liability for educational expenses incurred during placement in certain department of health and human services facilities.

HB 1446, relative to the recitation of the pledge of allegiance in the public schools.

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

HB 1456-FN, relative to information on drivers’ licenses and relative to motor vehicle records.

HB 1457, authorizing emergency medical care providers to withdraw blood for certain alcohol concentration tests.

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

HB 1461-FN, transferring the office of emergency management to the department of safety, division of fire safety and emergency management.

HB 1462, eliminating the statewide education property tax as a source of funding adequate education.

HB 1465, extending the New Hampshire task force on deafness and hearing loss.

HB 1468-FN, relative to prescription drugs and medicaid best practices.

HB 1473-FN, relative to the capital appropriation made to the department of transportation for the new garage and testing lab facility.

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

HB 2000, relative to the state 10-year transportation improvement program, relative to proposed toll booths in the city of Nashua, and relative to the Troy Village bypass.

 

INTRODUCTION OF HOUSE BILLS

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 1320 - 2000 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

Adopted.

HB 1320, establishing a committee to study establishing enterprise zones in economically deprived communities. Energy and Economic Development

HB 1329-FN, relative to fiscal notes. Internal Affairs

HB 1342, relative to preparation of fiscal notes. Internal Affairs

HB 1344, establishing a village plan alternative subdivision in zoning and land use planning laws. Public Affairs

HB 1349-FN, establishing a committee to study electric utility restructuring in the territory currently serviced by Connecticut Valley Electric Company. Energy and Economic Development

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

HB 1357-FN, relative to the form of drivers’ licenses. Transportation

HB 1360-FN, relative to recommendations, appointments, and qualifications of marital masters and procedures for cases heard by marital masters. Judiciary

 

HB 1365-FN, requiring that the county departments of correction be charged 110 percent of the Medicare rate for inmates who need medical services within the community. Public Institutions, Health and Human Services

HB 1366-FN, establishing a state employee recognition and award program. Executive Departments and Administration

HB 1372-FN, relative to certain residential care facilities. Executive Departments and Administration

HB 1388, relative to respiratory care. Executive Departments and Administration

HB 1393, relative to business replacement costs resulting from government program , displacement. Public Affairs

HB 1407, relative to the definition of abutter in planning and zoning laws, allowing planning and zoning boards to require public notice by posting signs for hearings on the property, and relative to establishing certain criteria to permit variances from zoning ordinances. Public Affairs

HB 1409-FN, relative to payment of autopsy expenses. Finance

HB 1410, ratifying the 2001 Amherst annual town meeting, and the 2001 Pembroke town meeting. Public Affairs

HB 1413, relative to disclosure of information by hospitals. Public Institutions, Health and Human Services

HB 1415, relative to removing certain extensions for abatement decisions, replies and appeals in a year of property revaluation. Public Affairs

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

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

HB 1429, relative to the scope of the consumer protection act. Executive and Departments and Administration

HB 1433, prohibiting intoxication and constructive possession of alcohol by minors. Judiciary

HB 1435, extending the reporting dates of certain study committees. Internal Affairs

HB 1436-FN, relative to requiring treatment for persons convicted of DWI offenses. Judiciary

HB 1437-FN, relative to increasing the staff in the consumer protection and antitrust bureau of the department of justice. Executive Departments and Administration

HB 1438-FN, relative to registration of health clubs. Ways and Means

HB 1439-FN, relative to an agreement between the state of New Hampshire and city of Laconia and making an appropriation therefor. Internal Affairs

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

HB 1443, relative to liability for educational expenses incurred during placement in certain department of health and human services facilities. Education

HB 1446, relative to the recitation of the pledge of allegiance in the public schools. Education

HB 1455-FN, establishing portability of a person’s qualifying retirement funds for the purchase of permissive service credit in the New Hampshire retirement system. Executive Departments and Administration

HB 1456-FN, relative to information on drivers’ licenses and relative to motor vehicle records. Transportation

HB 1457, authorizing emergency medical care providers to withdraw blood for certain alcohol concentration tests. Judiciary

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

HB 1461-FN, transferring the office of emergency management to the department of safety, division of fire safety and emergency management. Executive Departments and Administration

HB 1465, extending the New Hampshire task force on deafness and hearing loss. Public Institutions, Health and Human Services

HB 1468-FN, relative to prescription drugs and medicaid best practices. Capital Budget

HB 1473-FN, relative to the capital appropriation made to the department of transportation for the new garage and testing lab facility. Transportation

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

HB 2000, relative to the state 10-year transportation improvement program, relative to proposed toll booths in the city of Nashua, and relative to the Troy Village bypass. Transportation

 

HOUSE MESSAGE

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

HB 179-FN, including 17 year olds under RSA 169-B, the juvenile delinquency statute.

HB 212-FN, providing an alternative method of calculating state education property tax hardship relief and authorizing the commissioner of the department of revenue administration to establish certain positions.

HB 556-FN, relative to responsibilities of the department of cultural resources and the department of safety regarding building preservation and rehabilitation.

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

HB 672, relative to insurance coverage for mental and nervous conditions and for treatment for chemical dependency.

HB 1111, establishing a committee to study regulation and procedures for lake level investigations and orders.

HB 1121, relative to capital improvement committees.

HB 1134, relative to lighting requirements for motor vehicles and trailers.

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

HB 1172, relative to the adoption of rules for certain wetland permits.

HB 1190, relative to a one-year certificate of eligibility to teach.

HB 1193, relative to local enforcement of junk yards and motor vehicle recycling yards.

HB 1194, relative to medical records.

HB 1201, relative to charitable trust customer data.

HB 1203, relative to retroactive health insurance denials.

HB 1208, relative to real estate broker liens.

HB 1218, relative to the regulation of pharmacists and prescription drug orders.

HB 1225, relative to disclosure of referral restrictions.

HB 1230-FN, authorizing the commissioner of the department of education to expend funds for, special education advocacy.

HB 1231-FN, implementing a pre-engineering technology curriculum in the public high schools in the state.

HB 1235, relative to operation of motorized vessels and safe boater education.

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

HB 1259-FN, relative to the base cost for calculating adequate education grants.

HB 1260-FN, relative to certification and licensing of teachers and school administrators.

HB 1268-FN, establishing a net operating loss deduction in computing the business profits tax.

HB 1274, relative to town clerks and deputy town clerks.

HB 1299-FN, establishing a committee to study the creation of a marriage education and enhancement program.

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

HB 1308, relative to checklist corrections on election day.

HB 1314, requiring candidates for speaker of the house of representatives to file certain reports and register as political committees.

HB 1318, relative to the regulation of the use of pharmaceutical agents and the treatment of glaucoma by licensed optometrists.

 

INTRODUCTION OF HOUSE BILLS

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 179 - 1318 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

Adopted.

First and Second Reading and Referral

HB 179-FN, including 17 year olds under RSA 169-B, the juvenile delinquency statute. Judiciary

HB 212-FN, providing an alternative method of calculating state education property tax hardship relief and authorizing the commissioner of the department of revenue administration to establish certain positions. Ways and Means

HB 556-FN, relative to responsibilities of the department of cultural resources and the department of safety regarding building preservation and rehabilitation. Public Affairs

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

HB 672, relative to insurance coverage for mental and nervous conditions and for treatment for chemical dependency. Insurance

HB 1111, establishing a committee to study regulation and procedures for lake level investigations and orders. Environment

HB 1121, relative to capital improvement committees. Public Affairs

HB 1134, relative to lighting requirements for motor vehicles and trailers. Transportation

HB 1159, relative to substituting generic drugs for legend and non-legend drugs. Public Institutions, Health and Human Services

HB 1172, relative to the adoption of rules for certain wetland permits. Environment

HB 1190, relative to a one-year certificate of eligibility to teach. Education

HB 1193, relative to local enforcement of junk yards and motor vehicle recycling yards. Public Affairs

HB 1194, relative to medical records. Insurance

HB 1201, relative to charitable trust customer data. Judiciary

HB 1203, relative to retroactive health insurance denials. Insurance

HB 1208, relative to real estate broker liens. Executive Departments and Administration

HB 1218, relative to the regulation of pharmacists and prescription drug orders. Executive Departments and Administration

HB 1225, relative to disclosure of referral restrictions. Insurance

HB 1230-FN, authorizing the commissioner of the department of education to expend funds for , special education advocacy. Education

HB 1231-FN, implementing a pre-engineering technology curriculum in the public high schools in the state. Education

HB 1235, relative to operation of motorized vessels and safe boater education. Wildlife and Recreation

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

HB 1259-FN, relative to the base cost for calculating adequate education grants. Education

HB 1260-FN, relative to certification and licensing of teachers and school administrators. Education

HB 1268-FN, establishing a net operating loss deduction in computing the business profits tax. Ways and Means

HB 1274, relative to town clerks and deputy town clerks. Public Affairs

HB 1299-FN, establishing a committee to study the creation of a marriage education and enhancement program. Judiciary

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

HB 1308, relative to checklist corrections on election day. Public Affairs

HB 1314, requiring candidates for speaker of the house of representatives to file certain reports and register as political committees. Public Affairs

HB 1318, relative to the regulation of the use of pharmaceutical agents and the treatment of glaucoma by licensed optometrists. Executive Departments and Administration

HOUSE MESSAGE

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

HB 213-FN, increasing the allowable amount of education property tax relief.

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

HB 329-FN, relative to diversified agricultural development, and making an appropriation therefor.

HB 353-FN, relative to diversified agricultural development, and making an appropriation therefor.

HB 559-FN, relative to the procedures for assignment of income from child or spousal support orders.

HB 744-FN, establishing a committee to study the feasibility of a state pilot program for family and disability leave.

 

INTRODUCTION F HOUSE BILLS

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 213 - 744 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

Adopted.

First and Second Reading and Referral

HB 213-FN, increasing the allowable amount of education property tax relief. Ways and Means

HB 284-FN, relative to additional emissions reductions from grandfathered fossil fuel burning steam electric power plants. Environment

HB 329-FN, relative to diversified agricultural development, and making an appropriation therefor. Education

HB 353-FN, relative to diversified agricultural development, and making an appropriation therefor. Energy and Economic Development

HB 559-FN, relative to the procedures for assignment of income from child or spousal support orders. Judiciary

HB 744-FN, establishing a committee to study the feasibility of a state pilot program for family and disability leave. Executive Departments and Administration

 

LATE SESSION

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Thursday, March 21, 2002, at 10:15 a.m.

Adopted.

Adjournment.

SENATE

JOURNAL 8

March 21, 2002

The Senate met at 10:15 a.m.

A quorum was present.

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

Great God of proportion, give us skill, strength, perseverance and guts as we launch ourselves wildly - twisting and spinning - into the unknown opportunities of our duties this day. And cushion, O Lord, the landing we will make at the end of this day, that nothing may be broken but rather that we may have accomplished something impossible for our team.

Amen.

Senator Boyce led the Pledge of Allegiance.

 

INTRODUCTION OF GUESTS

COMMITTEE REPORTS

SB 444, relative to parents in the classroom. Education Committee. Vote 4-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2002-3040s

04/09

Amendment to SB 444

Amend the bill by deleting section 2 and renumbering the original section 3 to read as 2.

 

2002-3040s

AMENDED ANALYSIS

This bill allows a local school board to adopt a policy which would permit parents or legal guardians of children attending the public elementary or secondary schools within the school district to spend a full day, or any part thereof, in their child’s classroom.

Amendment adopted.

Ordered to third reading.

 

SB 437-FN-L, relative to the protection of public water supplies during emergency conditions and making certain changes to encourage the formation of regional water systems. Environment Committee.

MAJORITY REPORT: Ought to pass with amendment, Senator Johnson for the committee. Vote 3-2

MINORITY REPORT: Ought to pass with amendment, Senator Below for the committee.

Vote 2-3

Environment - Majority

March 20, 2002

2002-3052s

06/01

Amendment to SB 437-FN-LOCAL

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

AN ACT establishing a committee to study the formation of regional water systems.

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

1 Committee Established. There is established a committee to study the formation of regional water systems.

2 Membership and Compensation.

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

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

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

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

3 Duties. The committee shall study the following issues:

I. The need for the formation of regional water systems.

II. Whether state aid shall be made available to public water systems that form regional water systems, the amount of such aid, and the costs eligible for aid.

III. Factors the department of environmental services shall use in prioritizing regional water system applications for state aid.

IV. Whether the department shall have the authority to require the interconnection of regional water systems.

V. Whether a municipal corporation furnishing water services shall be exempt from the requirements of a public utility and whether such corporations may charge higher rates to new customers outside of their municipal boundaries.

VI. Whether regional water supply development costs shall be exempt from the restrictions on charges for construction work in progress under RSA 378:30-a.

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 house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.

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.

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

2002-3052s

AMENDED ANALYSIS

This bill creates a study committee to study the formation of regional water systems and certain related issues.

 

Environment - Minority

March 20, 2002

2002-3051s

06/01

 

 

Amendment to SB 437-FN-LOCAL

 

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

1 Petition to Protect Water Supplies; Emergency Conditions. Amend RSA 485:23 to read as follows:

485:23 Petition to Protect Water Supplies.

I. Whenever any board of water commissioners, local board of health, local health officer or 10 or more citizens of any town or city have reason to believe that a public water or ice supply is being contaminated or is in danger of contamination, and that the local regulations are not sufficient or effective to prevent such pollution, they may petition the department to investigate the case, and to adopt rules under RSA 541-A as the department may deem necessary for the protection of the said supply against any pollution that in its judgment would endanger the public health. Citizens petitioning under this section shall designate a signatory of the petition as the person to whom the department shall send its response.

II. Whenever any board of water commissioners, local board of health, or other owner of a public water supply has reason to believe that a public water supply is in danger of being contaminated or is otherwise threatened and that an emergency condition exists such that a petition pursuant to paragraph I to the department and the adoption of rules would not adequately protect the water supply, the board or owner may petition the governor to declare a state of emergency for the public water supply. At the request of the governor, the department shall consult with the owner of the water supply and make a recommendation as to emergency protections that may be necessary. If the governor declares a state of emergency for a public water supply, those additional protections that the governor deems necessary shall be effective immediately and for the duration of the emergency. Each declaration of a state of emergency for a public water supply shall not exceed one year. The governor may renew the declaration of a state of emergency upon further request by the original petitioner. At such time as any of the emergency protections are to become permanent, the department shall initiate rulemaking in accordance with RSA 485:24. Any protections in the governor’s declaration shall be enforced in the same manner as rules adopted pursuant to RSA 485:24 or RSA 485:25 with violations of the protections subject to RSA 485:4 and RSA 485:58.

2 Investigations; Rules. Amend RSA 485:24, I to read as follows:

I. The department shall respond in writing to a petition filed under RSA [485:23] 485:23, I, after due investigation, but not later than 30 days after receipt of the petition, informing the petitioners of the department’s intended action. In response to a petition, or upon its own motion, the department shall adopt such rules under RSA 541-A as it may deem best to protect the water or ice supply against any dangerous contamination. If requested by the department, the local board of water commissioners, the local board of health, or the local health officer, shall enforce such rules in cooperation with the department.

3 Aid to Public Water Systems; Purpose. Amend RSA 486-A:1 to read as follows:

486-A:1 Purpose. The purpose of this chapter is to provide a state contribution to aid all public water systems in achieving compliance with the requirements of the surface water treatment rules of the federal Safe Drinking Water Act, to provide a state contribution to aid public water systems in forming regional water systems to increase water supply capacity for the benefit of public health and safety, and to protect sources of public drinking water that serve community or non-transient non-community water systems and associated natural resources through the acquisition of land or conservation easements within source water protection areas.

4 Definitions; Regional Water System Added to Definition of "Construction". Amend RSA 486-A:2, I (a) to read as follows:

(a) The installation or building of:

(1) New wells or well buildings; or

(2) Filtration systems and associated pump stations, pump equipment, chemical treatment systems, telemetry and metering equipment, and storage tanks;

(3) Distribution mains and valves needed to interconnect the new wells or filtration system to the existing system as may be required by the department and the EPA or to interconnect a water system to form a regional water system; and.

(4) Improvements in treatment or supply capability which increase the reliability or capacity of water treatment facilities to supply water to regional water systems.

5 New Paragraph; Definition; "Eligible Regional Water Supply Formation Costs." Amend RSA 486-A:2 by inserting after paragraph III-a the following new paragraph:

III-b. "Eligible regional water supply formation costs" means the actual cost of construction and related services necessary for increasing water source supply or treatment capacity or reliability necessary for interconnection of a water system in order to form a regional water system to protect public safety and health, but shall not include the following:

(a) Land acquisition, except for land which shall be an integral part of a well system or filtration system;

(b) Easements and rights-of-way necessary to the project; and

(c) Any administrative, legal, permitting, and fiscal costs related to the project.

6 New Paragraph; Definition; "Regional Water System." Amend RSA 486-A:2 by inserting after paragraph V the following new paragraph:

V-a. "Regional water system" means the public water system which results from the interconnection of two or more discrete public water systems for providing routine or emergency backup supply.

7 New Paragraph; State Contribution; Surface Water Treatment Costs; Water Supply Land Protection Costs; Regional Water System Formation Costs. Amend RSA 486-A:3 by inserting after paragraph II the following new paragraph:

III. Any public water system which incurs costs after the effective date of this paragraph for the purpose of providing water for domestic, commercial, or fire protection purposes to a regional water system shall be eligible for a state contribution. As its contribution, the state shall pay 25 percent of the annual amortization charges, meaning the principal and interest, on the eligible bonded costs, or 25 percent of non-bonded costs, resulting from the construction of infrastructure for these purposes. Plans for construction shall be approved in accordance with the provisions of RSA 485:8.

8 Applicant Agreement; Regional Water Systems Added. Amend RSA 486-A:7, I to read as follows:

I. Applications for state grants for surface water treatment and for formation of a regional water system shall contain an agreement that the applicant:

(a) Has installed the water works facilities in accordance with the plans and specifications approved by the department;

(b) Will provide proper and efficient operation and maintenance of facilities;

(c) Agrees that failure to install the facilities in accordance with the approved plans and specifications or to provide proper and efficient operation and maintenance of such facilities shall result in loss of payments of the annual grant installment next following such failure. The loss of payment of the annual grant installment shall continue in effect until such time as the applicant has completed the steps necessary to install the facilities in accordance with plans and specifications approved by the department, or made provisions for proper and efficient operation and maintenance of the facilities in accordance with department instructions or both.

(d) For grants to aid in formation of a regional water system, agrees to participate in regional and statewide water supply planning initiatives and to consider the results of such initiatives for purposes of long term water supply planning and infrastructure development.

9 New Paragraph; Priority of Applications; Regional Water System Projects. Amend RSA 486-A:8 by inserting after paragraph II the following new paragraph:

III. For regional water system projects, the department shall adopt rules which include factors for prioritization. Prioritization factors shall include:

(a) The population of the service area to which regional water supply will be extended under the project.

(b) The degree to which public health and safety will be protected under the proposed project.

(c) The fiscal impact of the proposed project on residents in the area to which water service is extended under the proposed project.

(d) The consistency with land use master plans in the affected municipalities and with the provisions of RSA 9-B and RSA 162-C:2, V to the extent that a proposed regional water system project may impact the municipality’s growth and development patterns.

10 Administration; Regional Water Systems Added. Amend the introductory paragraph of RSA 486-A:9, I to read as follows:

I. The department shall perform the following functions related to the administration of the provisions of this chapter applicable to surface water treatment and to formation of any regional water system:

11 Administration; Consistency With Master Plan Added. Amend RSA 486-A:9, I by inserting after subparagraph (p) the following new subparagraph:

(q) Evaluate the defined project for consistency with municipal master planning, RSA 9-B, and RSA 162-C:2, V and require limitations on future water system connections where appropriate.

12 Power to Require Improvements; Citizen Complaint Procedure. Amend RSA 485:4 to read as follows:

485:4 Power to Require Improvements.

I. The department is empowered to investigate the sanitary conditions and methods pertaining to the source, treatment, and distribution of all public water supplies for domestic use, and to require the application of any treatment or improvement in conditions and methods as it may deem necessary to insure fitness and safety and adequate protection of the public health. If the department determines that improvements are necessary, the municipality, corporation, or person shall be so notified in writing and the requirements so ordered shall be effected pursuant to RSA 38:25 within a reasonable time to be fixed by the department. Appeals of actions of the department may be made as provided in RSA 485:59. The department may set intermediate goals and time frames to assist municipalities, corporations, or persons to abide by an order of the department under this [section] paragraph.

II. Upon complaint of not less than 10 customers of an existing public water system or not less than 10 residents not currently served by a public water supply, the department shall make an investigation of conditions regarding water quality or quantity problems described in the complaint. If, as a result of any such investigation, the department concludes that a significant public health or safety problem exists due to water supply quality or quantity, it shall perform a preliminary analysis of alternatives which address the problem. The department may request additional information from the complainants and nearby public water supply system owners, such as data on water supply quality and quantity, well characteristics, and water distribution system characteristics, as is necessary to perform its investigation and analysis. If the department determines that an extension of water service from an existing public water supply system to the area of impaired water quality or quantity is the most feasible and cost effective alternative, that the extension is consistent with municipal master planning, RSA 9-B, and RSA 162-C:2, V, and that the existing public water system has adequate water supply and system capacity to serve the problem area, the municipality, corporation, or person who owns the public water system shall be ordered to allow connection to its water distribution system from the identified area, regardless of existing municipal or public water system service area boundaries. The connection so ordered shall be effected pursuant to RSA 38:25 within a reasonable time to be fixed by the department and may contain limitations on water system connections unrelated to the original petition in order to limit unintended land use impacts. Appeals of actions of the department may be made as provided in RSA 485:59. The department may set intermediate goals and time frames to assist municipalities, corporations, or persons to abide by an order of the department under this paragraph.

13 Public Utilities; Municipal Corporations; Sewage Disposal. Amend RSA 362:4, III to read as follows:

III. A municipal corporation furnishing [water or] sewage disposal services shall not be considered a public utility under this title:

(a) If [serving] it serves customers outside its municipal boundaries, charging such customers a rate no higher than that charged to its customers within the municipality, and [serving] serves those customers a [quantity and quality of water or a] level of sewage disposal service equal to that served to customers within the municipality. Nothing in this section shall exempt a municipal corporation from the franchise application requirements of RSA 374.

(b) If [supplying bulk water or] it supplies bulk [sewer] sewage disposal services pursuant to a wholesale rate or contract to another municipality, village district, or water precinct. [This subparagraph shall not apply to bulk water contracts which were in effect before July 23, 1989, or renewal of said bulk water contracts.]

14 New Paragraph; Public Utilities; Municipal Corporations; Water Supply. Amend RSA 362:4 by inserting after paragraph III the following new paragraph:

III-a.(a) A municipal corporation furnishing water services shall not be considered a public utility under this title:

(1) If it serves new customers outside its municipal boundaries, charging such customers a rate no higher than 15 percent above that charged to its municipal customers, including current per-household debt service costs for water system improvements, within the municipality, and serves those customers a quantity and quality of water or a level of water service equal to that served to customers within the municipality. Nothing in this paragraph shall exempt a municipal corporation from the franchise application requirements of RSA 374.

(2) If it supplies bulk water pursuant to a wholesale rate or contract to another municipality, village district, or water precinct. This subparagraph shall not apply to bulk water contracts which were in effect before July 23, 1989, or to the renewal of said bulk water contracts.

(b) The commission may exempt a municipal corporation from any and all provisions of this title except the franchise application requirements of RSA 374, and may authorize a municipal corporation to charge new and existing customers outside its municipal boundaries a rate higher than 15 percent above that charged to its municipal customers, if after notice and hearing, the commission finds such exemption and authorization to be consistent with the public good.

(c) A municipal corporation’s authority to charge higher rates for new customers outside of its municipal boundaries shall be applied prospectively to new customers taking water service provided by means of a main extension or an expansion of the municipal corporation’s system after the effective date of this paragraph.

(d) A municipal corporation serving customers outside of its municipal boundaries and charging a rate no higher than 15 percent above that charged to its municipal customers prior to July 1, 2002, may also be exempted from regulation as a public utility, except for the franchise application requirements of RSA 374, if after notice and hearing, the commission finds such exemption and authorization to be consistent with the public good.

15 New Section; Regional Technical Planning and new Source Development; Included in Rates. Amend RSA 378:30 by inserting after section 378:30-c the following new section:

378:30-d Regional Technical Planning and New Source Development; Included in Rates. Notwithstanding the provisions of RSA 378:30-a, the commission may include the cost or value of capital improvements or programs in the rates of a utility when the capital improvement or program is directly related to technical planning of regional water supply development or is directly related to development of new water supply sources.

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

2002-3051s

AMENDED ANALYSIS

This bill:

I. Allows the governor, upon petition of a board of water commissioners or water supply owner, to declare a state of emergency for public water supplies. During the state of emergency, the governor may order emergency protections for the water supply. The emergency protections may become permanent.

II. Adds regional water systems to public water systems eligible for state aid.

III. Adds factors for the department of environmental services to use in prioritizing regional water system applications for state aid.

IV. Creates a mechanism for the department to consider citizen complaints concerning public water systems.

V. Allows municipal water systems to charge rate premiums for customers outside of its municipal boundaries.

VI. Allows the public utilities commission to include certain costs related to the development of regional water supplies and new water supply sources in the rates of a utility.

 

Senator Gatsas moved to have SB 437-FN-L, relative to the protection of public water supplies during emergency conditions and making certain changes to encourage the formation of regional water systems, laid on the table.

Adopted.

LAID ON THE TABLE

SB 437-FN-L, relative to the protection of public water supplies during emergency conditions and making certain changes to encourage the formation of regional water systems.

 

SB 452, relative to fines for violations of the shoreland protection act. Environment Committee. Vote 5-0. Ought to pass with amendment, Senator Johnson for the committee.

2002-3043s

06/10

Amendment to SB 452

Amend the bill by replacing section 1 with the following:

1 New Paragraph; Definition; "Repeat Violation". Amend RSA 483-B:4 by inserting after paragraph XVIII the following new paragraph:

XVIII-a. "Repeat violation" means 2 or more violations as defined in RSA 483-B:18, I committed by the same person or entity on one or more sites. Each day of continued operations in violation on the same project or parcel shall constitute a separate offense.

Amendment adopted.

Ordered to third reading.

 

HB 439-FN-A, establishing a position of septage coordinator and making an appropriation therefor. Environment Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

HB 1171, relative to organic food production. Environment Committee. Vote 5-0. Ought to Pass, Senator Cohen for the committee.

Adopted.

Ordered to third reading.

HB 1367-FN, relative to the childhood lead poisoning prevention program. Environment Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

TAKEN OFF THE TABLE

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

Adopted.

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

Question is on the committee report of ought to pass.

Adopted.

Senator Francoeur offered a floor amendment.

2002-3059s

06/09

Floor Amendment to SB 440

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

AN ACT relative to rules for water conservation

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

2 New Subdivision; Rules for Water Conservation. Amend RSA 485 by inserting after section 485:60 the following new subdivision:

Rules for Water Conservation

485:61 Rules for Water Conservation.

I. The department shall adopt rules, pursuant to RSA 541-A, for water conservation practices for water users. These rules shall strike a reasonable balance between environmental, energy, and economic impacts and be consistent with current industry standards and practices for different types of water users.

II. The water conservation rules in paragraph I of this section shall apply to all new permit applicants and applications for water withdrawals subject to the provisions of RSA 485:3, RSA 485:48, RSA 485-C:21 and section 401 of the Clean Water Act.

III. Water conservation rules shall be consistent with applicable state or federal rules and regulations.

3 Applicability. Water conservation rules developed under RSA 485:61 shall apply to all new water withdrawal permit applications approved under RSA 485:61, II on or after the effective date of this act.

2002-3059s

AMENDED ANALYSIS

This bill defines the term "water conservation" for purposes of New Hampshire’s Safe Drinking Water Act and requires the department of environmental services to adopt water conservation rules for water users which shall apply to certain new water withdrawals approved after the effective date of this bill.

Floor amendment adopted.

Question is on ordering to third reading.

A roll call was requested by Senator Hollingworth.

Seconded by Senator McCarley.

The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Below, McCarley, Flanders, Disnard, Roberge, Eaton, Fernald, O'Hearn, Pignatelli, Francoeur, Larsen, Gatsas, Barnes, O'Neil, Prescott, D'Allesandro, Wheeler, Klemm, Hollingworth, Cohen.

The following Senators voted No:

Yeas: 24 - Nays: 0

Ordered to third reading.

 

SB 447, relative to the regulation of disclosures, communication, and qualifications of real estate brokers and salespersons by the real estate commission. Executive Departments and Administration Committee. Vote 4-1. Inexpedient to Legislate, Senator Prescott for the committee.

 

SUBSTITUTE MOTION

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

Adopted.

Senator Larsen offered a floor amendment.

2002-3064s

10/09

Floor Amendment to SB 447

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

AN ACT requiring the real estate commission to create an agency disclosure form and an agency informational brochure.

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

1 New Paragraph; Real Estate Practice Act; Commission; Duty Added. Amend RSA 331-A:5 by inserting after paragraph IX the following new paragraph:

X. The commission shall create an agency disclosure form and agency informational brochure which will help consumers better understand all forms of real estate agency and advocacy roles.

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

2002-3064s

AMENDED ANALYSIS

This bill requires the real estate commission to create an agency disclosure form and an agency informational brochure.

Floor amendment adopted.

Ordered to third reading.

Recess.

Out of recess.

Senator Burns in the Chair.

TAKEN OFF THE TABLE

Senator Gatsas moved to have SB 437-FN-L, relative to the protection of public water supplies during emergency conditions and making certain changes to encourage the formation of regional water systems, taken off the table.

Adopted.

Question is on the adoption of the committee majority amendment (#3052).

Amendment failed.

Question is on the adoption of the committee minority amendment (#3051).

Amendment adopted.

Referred to the Finance Committee (Rule #24).

Senator Gordon (Rule #42) on SB 437-FN-L.

TAKEN OFF THE TABLE

Senator Cohen moved to have SB 433, establishing a standardized protocol for interviewing victims of child abuse, taken off the table.

Adopted.

SB 433, establishing a standardized protocol for interviewing victims of child abuse.

Senator Cohen offered a floor amendment.

2002-3056s

05/03

Floor Amendment to SB 433

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

AN ACT establishing a standardized protocol for the investigation and assessment of child abuse cases and relative to developing multi-disciplinary child abuse investigation teams.

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

1 New Section; Department of Justice; Standardized Protocol for the Investigation and Assessment of Child Abuse and Neglect Cases. Amend RSA 21-M by inserting after section 8-l the following new section:

21-M:8-m Standardized Protocol for the Investigation and Assessment of Child Abuse and Neglect Cases. The department of justice, in collaboration with county attorneys and the department of health and human services, shall develop a standardized protocol for the interviewing of victims, the investigation, and the assessment of cases 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 available 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.

2002-3056s

AMENDED ANALYSIS

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

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

 

Senator Fernald moved to have SB 433, establishing a standardized protocol for interviewing victims of child abuse, laid on the table.

Adopted.

LAID ON THE TABLE

SB 433, establishing a standardized protocol for interviewing victims of child abuse.

 

SB 449, establishing a landlord-tenant mediation pilot program. Executive Departments and Administration Committee. Vote 5-0. Interim Study, Senator D'Allesandro for the committee.

Committee report of interim study is adopted.

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. Finance Committee. Vote 3-0. Ought to pass with amendment, Senator Gatsas for the committee.

2002-3007s

05/10

Amendment to SB 441-FN-A

Amend the bill by replacing section 3 with the following:

3 Appropriation. The sum of $1 is hereby appropriated for the biennium ending June 30, 2003 and $1 for the fiscal year ending June 30, 2004 to the department of safety, division of fire safety, for the purposes of hiring a hazardous materials incident response coordinator to coordinate the response of state agencies to hazardous materials and assist regional and local hazardous materials response teams with preparedness and response capabilities. This appropriation is in addition to any other funds appropriated to the department of safety, division of fire safety. The commissioner shall furnish suitable equipment to the hazardous materials response coordinator, as the commissioner deems necessary. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

2002-3007s

AMENDED ANALYSIS

This bill establishes the position of hazardous materials response coordinator within the department of safety, division of fire safety and establishes a committee to study the interoperability of state agency communications.

Amendment adopted.

Ordered to third reading.

SB 443-FN, relative to the division of condominiums. Finance Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

Adopted.

Ordered to third reading.

SB 445-FN, relative to a limited right to a jury trial for certain minors prior to commitment to an adult correctional facility. Finance Committee. Vote 3-0. Ought to Pass, Senator Below for the committee.

Adopted.

Ordered to third reading.

SB 455-FN-A, relative to funding for district and probate court security. Finance Committee. Vote 4-0. Ought to pass with amendment, Senator Below for the committee.

2002-3013s

09/10

Amendment to SB 455-FN-A

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 $10 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 $10.

2 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 collected by the probate courts by $5 and each entry fee collected by other courts by $10 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 probate court entry fee by $5 and each entry fee collected by other courts by $10.

3 Contingency. If SB 64-FN-A of the 2002 legislative session becomes law, section 2 of this act shall take effect July 1, 2002 and section 1 of this act shall not take effect. If SB 64-FN-A does not become law, section 1 of this act shall take effect July 1, 2002 and section 2 of this act shall not take effect.

4 Effective Date.

I. Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.

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

2002-3013s

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 for an increase in court entry fees until the amount used for district and probate court security is reimbursed to the escrow fund.

Amendment adopted.

Ordered to third reading.

 

HB 462-FN, requiring state regulatory boards, commissions, advisory boards, advisory committees, and authorities to develop an orientation manual for new members. Finance Committee. Vote 3-0. Ought to Pass, Senator Larsen for the committee.

Adopted.

Ordered to third reading.

 

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. Finance Committee. Vote 3-0. Ought to Pass, Senator Barnes for the committee.

Adopted.

Ordered to third reading.

 

HB 712-FN, relative to the coordination of state, regional, and local planning efforts. Finance Committee. Vote 3-0. Ought to Pass, Senator Gatsas for the committee.

Adopted.

Ordered to third reading.

SUSPENSION OF THE RULES

Senator Barnes moved that the Rules of the Senate be so far suspended as to allow a committee report not advertised in the calendar.

Adopted by the necessary 2/3 vote.

SB 437-FN-L, relative to the protection of public water supplies during emergency conditions and making certain changes to encourage the formation of regional water systems. Finance Committee. Ought to pass. Senator Below for the committee.

Adopted.

Ordered to third reading.

 

HB 1118, relative to participation by certain judges in the state employee group health and dental insurance programs. Insurance Committee. Vote 3-0. Ought to Pass, Senator Francoeur for the committee.

Senator Francoeur moved to have HB 1118, relative to participation by certain judges in the state employee group health and dental insurance programs, laid on the table.

Adopted.

LAID ON THE TABLE

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

 

HB 1184-FN, permitting the department of health and human services to use the National Medical Support Notice. Insurance Committee. Vote 3-0. Ought to Pass, Senator Wheeler for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 1422, establishing certain positions in the insurance department. Insurance Committee. Vote 3-0. Ought to Pass, Senator Burns for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

HB 1434, lowering the minimum medical cost coverage for motor vehicle liability policies. Insurance Committee. Vote 3-0. Ought to Pass, Senator Burns for the committee.

Senator Hollingworth moved interim study.

MOTION TO LAY ON THE TABLE

Senator Larsen moved to have HB 1434, lowering the minimum medical cost coverage for motor vehicle liability policies, laid on the table.

A division vote was requested.

Yeas: 10 - Nays: 13

Motion failed.

Question is on the motion of interim study.

Motion failed.

Question is on committee report of ought to pass.

A roll call was requested by Senator Hollingworth.

Seconded by Senator McCarley.

The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Below, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.

The following Senators voted No: McCarley, Disnard, Fernald, Pignatelli, Larsen, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.

Yeas: 14 - Nays: 10

Adopted.

Ordered to third reading.

HB 420, apportioning state representative districts. Finance Committee. Vote 2-1. Ought to pass with amendment, Senator Boyce for the committee.

2002-3022s

03/01

Amendment to HB 420

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

AN ACT apportioning state representative districts, congressional districts, executive council districts, state senate districts, county commissioner districts, and delegates to state party conventions.

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

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

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

I. The first district is constituted of:

(a) The counties of

(1) Carroll, and

(2) Strafford; and

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

(1) Alton,

(2) Barnstead,

(3) Belmont,

(4) Center Harbor,

(5) Gilford,

(6) Gilmanton,

(7) Laconia,

(8) Meredith, and

(9) New Hampton; and

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

(1) Bedford,

(2) Goffstown,

(3) Manchester, and

(4) Merrimack; and

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

(1) Hooksett; and

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

(1) Auburn,

(2) Brentwood,

(3) Candia,

(4) Chester,

(5) Danville,

(6) Deerfield,

(7) Derry,

(8) East Kingston,

(9) Epping,

(10) Exeter,

(11) Fremont,

(12) Greenland,

(13) Hampstead,

(14) Hampton,

(15) Hampton Falls,

(16) Kensington,

(17) Kingston,

(18) Londonderry,

(19) New Castle,

(20) Newfields,

(21) Newington,

(22) Newmarket,

(23) Newton,

(24) North Hampton,

(25) Northwood,

(26) Nottingham,

(27) Plaistow,

(28) Portsmouth,

(29) Raymond,

(30) Rye,

(31) Sandown,

(32) Seabrook,

(33) South Hampton, and

(34) Stratham.

II. The second district is constituted of:

(a) The counties of

(1) Cheshire,

(2) Coos,

(3) Grafton, and

(4) Sullivan; and

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

(1) Sanbornton, and

(2) Tilton; and

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

(1) Amherst,

(2) Antrim,

(3) Bennington,

(4) Brookline,

(5) Deering,

(6) Francestown,

(7) Greenfield,

(8) Greenville,

(9) Hancock,

(10) Hillsborough,

(11) Hollis,

(12) Hudson,

(13) Litchfield,

(14) Lyndeborough,

(15) Mason,

(16) Milford,

(17) Mont Vernon,

(18) Nashua,

(19) New Boston,

(20) New Ipswich,

(21) Pelham,

(22) Peterborough,

(23) Sharon,

(24) Temple,

(25) Weare,

(26) Wilton, and

(27) Windsor; and

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

(1) Allenstown,

(2) Andover,

(3) Boscawen,

(4) Bow,

(5) Bradford,

(6) Canterbury,

(7) Chichester,

(8) Concord,

(9) Danbury,

(10) Dunbarton,

(11) Epsom,

(12) Franklin,

(13) Henniker,

(14) Hill,

(15) Hopkinton,

(16) Loudon,

(17) Newbury,

(18) New London,

(19) Northfield,

(20) Pembroke,

(21) Pittsfield,

(22) Salisbury,

(23) Sutton,

(24) Warner,

(25) Webster, and

(26) Wilmot; and

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

(1) Atkinson,

(2) Salem, and

(3) Windham.

4 Application. This act shall in no way disqualify any person from any elective office to which he or she was elected prior to the effective date of this act.

5 Councilor Districts. RSA 662:2 is repealed and reenacted to read as follows:

662:2 Councilor Districts. The state is divided into 5 districts for the choosing of councilors, each of which may elect one councilor. The districts shall be constituted as follows:

I. Councilor district number 1 is constituted of the counties of Coos and Grafton; the unincorporated place of Hale’s Location; the towns of Albany, Alton, Bartlett, Belmont, Center Harbor, Charlestown, Chatham, Conway, Cornish, Croydon, Eaton, Effingham, Freedom, Gilford, Grantham, Hart’s Location, Jackson, Madison, Meredith, Moultonborough, New Hampton, Newport, Ossipee, Plainfield, Sanbornton, Sandwich, Springfield, Sunapee, Tamworth, Tilton, Tuftonboro, Wakefield, and Wolfeboro; and the cities of Claremont and Laconia.

II. Councilor district number 2 is constituted of the towns of Acworth, Allenstown, Alstead, Andover, Antrim, Barnstead, Bennington, Boscawen, Bow, Bradford, Brookfield, Canterbury, Chesterfield, Chichester, Danbury, Deerfield, Deering, Dublin, Epsom, Farmington, Francestown, Gilmanton, Gilsum, Goshen, Greenfield, Hancock, Harrisville, Henniker, Hill, Hillsborough, Hopkinton, Langdon, Lempster, Loudon, Marlborough, Marlow, Middleton, Milton, Nelson, New Durham, Newbury, New London, Northfield, Northwood, Pembroke, Pittsfield, Rollinsford, Roxbury, Salisbury, Stoddard, Strafford, Sullivan, Surry, Sutton, Unity, Walpole, Warner, Washington, Weare, Webster, Westmoreland, Wilmot, Windsor and the cities of Concord, Franklin, Rochester, and Somersworth.

III. Councilor district number 3 is constituted of the towns of Atkinson, Barrington, Brentwood, Chester, Danville, Durham, East Kingston, Epping, Exeter, Fremont, Greenland, Hampstead, Hampton, Hampton Falls, Kensington, Kingston, Lee, Madbury, New Castle, Newfields, Newington, Newmarket, Newton, North Hampton, Nottingham, Plaistow, Rye, Salem, Sandown, Seabrook, South Hampton, Stratham, and Windham and the cities of Dover and Portsmouth.

IV. Councilor district number 4 is constituted of the towns of Auburn, Bedford, Candia, Derry, Hooksett, Hudson, Litchfield, Londonderry, Pelham, and Raymond and the city of Manchester.

V. Councilor district number 5 is constituted of the towns of Amherst, Brookline, Dunbarton, Fitzwilliam, Goffstown, Greenville, Hinsdale, Hollis, Jaffrey, Lyndeborough, Mason, Merrimack, Milford, Mont Vernon, New Boston, New Ipswich, Peterborough, Richmond, Rindge, Sharon, Swanzey, Temple, Troy, Wilton, and Winchester and the cities of Keene and Nashua.

6 Application. The changes in councilor districts established by this act shall not affect constituencies or terms of office of councilors presently in office. The councilor districts established by this act shall be in effect for the purpose of electing councilors at the 2002 state general election. If there shall be a vacancy in a councilor district for any reason prior to the 2002 state general election, the vacancy shall be filled by and from the same councilor district that existed for the 2000 state general election.

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

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

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

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

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

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

V. Senatorial district number 5 is constituted of Andover, Canaan, Cornish, Dorchester, Enfield, Franklin, Grafton, Hanover, Lebanon, Lyme, Plainfield, Salisbury, Webster, and Wilmot.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8 Application. The changes in state senate districts established by this act shall not affect constituencies or terms of office of senators presently in office. The state senate districts established by this act shall be in effect for the purpose of electing senators at the 2002 state general election. If there shall be a vacancy in a state senate district for any reason prior to the 2002 state general election, the vacancy shall be filled by and from the same state senate district that existed for the 2000 state general election. No provision of this act shall affect in any manner any of the proceedings of the membership of the senate of the general court that assembled for a biennial session in January 2001.

9 County Commissioner Districts. RSA 662:4 is repealed and reenacted to read as follows:

662:4 County Commissioner Districts. Except for Strafford county where 3 county commissioners shall be elected at large, for the purposes of choosing county commissioners, the counties shall be divided into districts as follows:

I. Belknap: District 1, the city of Laconia and the town of Sanbornton; District 2, the towns of Barnstead, Belmont, Gilmanton, and Tilton; District 3, the towns of Alton, Center Harbor, Gilford, Meredith, and New Hampton.

II. Carroll: District 1, the unincorporated place of Hale’s Location and the towns of Bartlett, Chatham, Conway, Eaton, Hart’s Location, Jackson, and Madison; District 2, the towns of Albany, Freedom, Moultonborough, Ossipee, Sandwich, and Tamworth; District 3, the towns of Brookfield, Effingham, Tuftonboro, Wakefield, and Wolfeboro.

III. Cheshire: District 1, the towns of Chesterfield, Hinsdale, Surry, Swanzey, Walpole, Westmoreland, and Winchester; District 2, the town of Marlborough and the city of Keene; District 3, the towns of Alstead, Dublin, Fitzwilliam, Gilsum, Harrisville, Jaffrey, Marlow, Nelson, Richmond, Rindge, Roxbury, Stoddard, Sullivan, and Troy.

IV. Coos: District 1, the unincorporated places of Hadley’s Purchase and Success, the town of Shelburne, and the city of Berlin; District 2, the unincorporated places of Bean’s Grant, Bean’s Purchase, Chandler’s Purchase, Crawford’s Purchase, Cutt’s Grant, Green’s Grant, Kilkenny, Low and Burbank’s Grant, Martin’s Location, Pinkham’s Grant, Sargent’s Purchase, and Thompson and Meserve’s Purchase and the towns of Carroll, Dalton, Gorham, Jefferson, Lancaster, Randolph, and Whitefield; District 3, the unincorporated places of Atkinson and Gilmanton Academy Grant, Cambridge, Dix’s Grant, Dixville, Erving’s Location, Millsfield, Odell, and Second College Grant and the towns of Clarksville, Colebrook, Columbia, Dummer, Errol, Milan, Northumberland, Pittsburg, Stark, Stewartstown, Stratford, and Wentworth’s Location.

V. Grafton: District 1, the towns of Enfield, Hanover, and Lebanon; District 2, the unincorporated place of Livermore and the towns of Bath, Benton, Bethlehem, Easton, Franconia, Haverhill, Landaff, Lincoln, Lisbon, Littleton, Lyman, Lyme, Monroe, Orford, Piermont, Sugar Hill, Warren, Wentworth, and Woodstock; District 3, the towns of Alexandria, Ashland, Bridgewater, Bristol, Campton, Canaan, Dorchester, Ellsworth, Grafton, Groton, Hebron, Holderness, Orange, Plymouth, Rumney, Thornton, and Waterville Valley.

VI. Hillsborough: District 1, the town of Bedford and the city of Manchester; District 2, the towns of Hollis, Hudson, and Pelham and the city of Nashua; District 3, the towns of Amherst, Antrim, Bennington, Brookline, Deering, Francestown, Goffstown, Greenfield, Greenville, Hancock, Hillsborough, Litchfield, Lyndeborough, Mason, Merrimack, Milford, Mont Vernon, New Boston, New Ipswich, Peterborough, Sharon, Temple, Weare, Wilton, and Windsor.

VII. Merrimack: District 1, the towns of Boscawen and Webster, and the city of Concord; District 2, the towns of Allenstown, Andover, Canterbury, Chichester, Epsom, Hill, Loudon, Northfield, Pembroke, Pittsfield, Salisbury, and the city of Franklin; District 3, the towns of Bradford, Bow, Danbury, Dunbarton, Henniker, Hooksett, Hopkinton, New London, Newbury, Sutton, Warner, and Wilmont.

VIII. Rockingham: District 1, the towns of Danville, East Kingston, Greenland, Hampton, Hampton Falls, Kensington, Kingston, New Castle, Newington, Newton, North Hampton, Plaistow, Rye, Seabrook, South Hampton, and Stratham, and the city of Portsmouth; District 2, the towns of Atkinson, Brentwood, Epping, Exeter, Fremont, Hampstead, Newfields, Newmarket, Raymond, Salem, and Sandown; District 3, the towns of Auburn, Candia, Chester, Deerfield, Derry, Londonderry, Northwood, Nottingham, and Windham.

IX. Sullivan: District 1, the city of Claremont; District 2, the towns of Cornish, Croyden, Grantham, Newport, Plainfield, and Springfield; District 3, the towns of Acworth, Charlestown, Goshen, Langdon, Lempster, Sunapee, Unity, and Washington.

10 Application. No provision of this act shall be construed as affecting the constituencies or terms of office of county commissioners presently in office. If there shall be a vacancy in a county commissioner district for any reason prior to the 2002 state general election, the vacancy shall be filled under the terms of RSA 661:9 from the same county commissioner district that existed for the 2000 state general election. The nomination and election of county commissioners at the 2002 state general election shall be by districts as provided in this act.

11 Delegates to State Party Conventions. RSA 662:6 is repealed and reenacted to read as follows:

662:6 Delegates to State Party Conventions. At every state primary election, the voters shall elect delegates to each state party convention as follows:

I. Belknap County

Alton 1

Barnstead 1

Belmont 2

Center Harbor 1

Gilford 2

Gilmanton 1

Laconia 5

Meredith 2

New Hampton 1

Sanbornton 1

Tilton 1

II. Carroll County

Albany 1

Bartlett 1

Brookfield 1

Chatham 1

Conway 3

Eaton 1

Effingham 1

Freedom 1

Hale’s Location 1

Hart’s Location 1

Jackson 1

Madison 1

Moultonborough 1

Ossipee 1

Sandwich 1

Tamworth 1

Tuftonboro 1

Wakefield 1

Wolfeboro 2

III. Cheshire County

Alstead 1

Chesterfield 1

Dublin 1

Fitzwilliam 1

Gilsum 1

Harrisville 1

Hinsdale 1

Jaffrey 2

Keene 8

Marlborough 1

Marlow 1

Nelson 1

Richmond 1

Rindge 2

Roxbury 1

Stoddard 1

Sullivan 1

Surry 1

Swanzey 2

Troy 1

Walpole 1

Westmoreland 1

Winchester 1

IV. Coos County

Atkinson & Gilmanton Academy Grant 0

Bean’s Grant 0

Bean’s Purchase 0

Berlin 3

Cambridge 0

Carroll 1

Chandler’s Purchase 0

Clarksville 1

Colebrook 1

Columbia 1

Crawford’s Purchase 0

Cutt’s Grant 0

Dalton 1

Dix’s Grant 0

Dixville 1

Dummer 1

Errol 1

Erving’s Location 0

Gorham 1

Green’s Grant 0

Hadley’s Purchase 0

Jefferson 1

Kilkenny 0

Lancaster 1

Low & Burbank’s Grant 0

Martin’s Location 0

Milan 1

Millsfield 1

Northumberland 1

Odell 0

Pinkham’s Grant 0

Pittsburg 1

Randolph 1

Sargent’s Purchase 0

Second College Grant 0

Shelburne 1

Stark 1

Stewartstown 1

Stratford 1

Success 0

Thompson & Meserve’s Purchase 0

Wentworth’s Location 1

Whitefield 1

V. Grafton County

Alexandria 1

Ashland 1

Bath 1

Benton 1

Bethlehem 1

Bridgewater 1

Bristol 1

Campton 1

Canaan 1

Dorchester 1

Easton 1

Ellsworth 1

Enfield 1

Franconia 1

Grafton 1

Groton 1

Hanover 4

Haverhill 1

Hebron 1

Holderness 1

Landaff 1

Lebanon 4

Lincoln 1

Lisbon 1

Littleton 2

Livermore 0

Lyman 1

Lyme 1

Monroe 1

Orange 1

Orford 1

Piermont 1

Plymouth 2

Rumney 1

Sugar Hill 1

Thornton 1

Warren 1

Waterville Valley 1

Wentworth 1

Woodstock 1

VI. Hillsborough County

Amherst 3

Antrim 1

Bedford 6

Bennington 1

Brookline 1

Deering 1

Francestown 1

Goffstown 5

Greenfield 1

Greenville 1

Hancock 1

Hillsborough 2

Hollis 2

Hudson 7

Litchfield 2

Lyndeborough 1

Manchester 35

Mason 1

Merrimack 8

Milford 4

Mont Vernon 1

Nashua 28

New Boston 1

New Ipswich 1

Pelham 4

Peterborough 2

Sharon 1

Temple 1

Weare 2

Wilton 1

Windsor 1

VII. Merrimack County

Allenstown 2

Andover 1

Boscawen 1

Bow 2

Bradford 1

Canterbury 1

Chichester 1

Concord 13

Danbury 1

Dunbarton 1

Epsom 1

Franklin 3

Henniker 1

Hill 1

Hooksett 4

Hopkinton 2

Loudon 1

New London 1

Newbury 1

Northfield 1

Pembroke 2

Pittsfield 1

Salisbury 1

Sutton 1

Warner 1

Webster 1

Wilmot 1

VIII. Rockingham County

Atkinson 2

Auburn 1

Brentwood 1

Candia 1

Chester 1

Danville 1

Deerfield 1

Derry 11

East Kingston 1

Epping 2

Exeter 5

Fremont 1

Greenland 1

Hampstead 2

Hampton 5

Hampton Falls 1

Kensington 1

Kingston 2

Londonderry 8

New Castle 1

Newfields 1

Newington 1

Newmarket 2

Newton 1

North Hampton 1

Northwood 1

Nottingham 1

Plaistow 2

Portsmouth 7

Raymond 3

Rye 2

Salem 9

Sandown 1

Seabrook 2

South Hampton 1

Stratham 1

Windham 3

IX. Strafford County

Barrington 2

Dover 9

Durham 4

Farmington 2

Lee 1

Madbury 1

Middleton 1

Milton 1

New Durham 1

Rochester 9

Rollinsford 1

Somersworth 4

Strafford 1

X. Sullivan County

Acworth 1

Charlestown 2

Claremont 4

Cornish 1

Croydon 1

Goshen 1

Grantham 1

Langdon 1

Lempster 1

Newport 2

Plainfield 1

Springfield 1

Sunapee 1

Unity 1

Washington 1

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

2002-3022s

AMENDED ANALYSIS

This bill establishes new state representative districts, congressional districts, executive council districts, state senate districts, and county commissioner districts, and specifies how delegates to state party conventions are to be elected in accordance with the latest federal decennial census.

Senator Francoeur moved the question.

A roll call was requested by Senator Wheeler.

Seconded by Senator Pignatelli.

The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.

The following Senators voted No: Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.

Yeas: 13 - Nays: 11

Motion is adopted.

Question is on the committee amendment.

A roll call was requested by Senator Francoeur.

Seconded by Senator Burns.

The following Senators voted Yes:

The following Senators voted No: Burns, Gordon, Johnson, Boyce, Below, McCarley, Flanders, Disnard, Roberge, Eaton, Fernald, O'Hearn, Pignatelli, Francoeur, Larsen, Gatsas, Barnes, O'Neil, Prescott, D'Allesandro, Wheeler, Klemm, Hollingworth, Cohen.

Yeas: 0 - Nays: 24

Amendment failed.

Senator Below offered a floor amendment.

Sen. McCarley, Dist. 6

Sen. Below, Dist. 5

Sen. D’Allesandro, Dist. 20

Sen. O’Neil, Dist. 18

Sen. Larsen, Dist. 15

March 21 2002

2002-3069s

03/10

Floor Amendment to HB 420

Amend the bill by replacing section 1 with the following:

1 State Representative Districts. RSA 662:5 is repealed and reenacted to read as follows:

662:5 State Representative Districts. The state is divided into districts for the choosing of state representatives, each of which may elect the number of representatives set forth opposite the district, as follows:

I. Belknap County.

District No. 1 Center Harbor

New Hampton 1

District No. 2 Meredith 2

District No. 3 Sanbornton

Tilton 1

District No. 4 Belmont 2

District No. 5 Laconia

Sanbornton

Tilton 1

District No. 6 Gilmanton 1

District No. 7 Alton 1

District No. 8 Barnstead 1

District No. 9 Gilford 2

District No. 10 Alton

Barnstead

Belmont

Gilford 1

District No. 11 Laconia 5

II. Carroll County.

District No. 1 Bartlett

Chatham

Hart’s Location

Jackson 1

District No. 2 Conway

Hale’s Location 2

District No. 3 Bartlett

Chatham

Conway

Hale’s Location

Hart’s Location

Jackson 1

District No. 4 Albany

Eaton

Madison 1

District No. 5 Ossipee 1

District No. 6 Effingham

Freedom

Ossipee

Tamworth 2

District No. 7 Wakefield 1

District No. 8 Wolfeboro 1

District No. 9 Moultonborough 1

District No. 10 Brookfield

Moultonborough

Sandwich

Tuftonboro

Wakefield

Wolfeboro 3

III. Cheshire County.

District No. 1 Walpole 1

District No. 2 Alstead

Gilsum

Marlow

Surry

Walpole

Westmoreland 2

District No. 3 Chesterfield 1

District No. 4 Hinsdale 1

District No. 5 Winchester 1

District No. 6 Chesterfield

Hinsdale

Winchester 1

District No. 7 Harrisville

Nelson

Roxbury

Stoddard

Sullivan 1

District No. 8 Dublin

Marlborough

Troy 1

District No. 9 Dublin

Harrisville

Marlborough

Nelson

Roxbury

Stoddard

Sullivan

Troy 1

District No. 10 Rindge 1

District No. 11 Swanzey 2

District No. 12 Fitzwilliam

Richmond 1

District No. 13 Jaffrey 1

District No. 14 Fitzwilliam

Jaffrey

Richmond

Rindge

Swanzey 2

District No. 15 Keene Ward 1 1

District No. 16 Keene Ward 2 1

District No. 17 Keene Ward 3 1

District No. 18 Keene Ward 4 1

District No. 19 Keene Ward 5 1

District No. 20 Keene Wards 1-5 2

IV. Coos County.

District No. 1 Atkinson and Gilmanton Academy Grant

Clarksville

Colebrook

Columbia

Dix’s Grant

Dixville

Erving’s Location

Pittsburg

Second College Grant

Stewartstown

Stratford 2

District No. 2 Berlin

Dummer

Milan

Millsfield 4

District No. 3 Kilkenny

Lancaster 1

District No. 4 Northumberland

Odell

Stark 1

District No. 5 Dalton

Whitefield 1

District No. 6 Bean’s Grant

Bean’s Purchase

Cambridge

Carroll

Chandler’s Purchase

Crawford’s Purchase

Cutt’s Grant

Errol

Gorham

Green’s Grant

Hadley’s Purchase

Jefferson

Low and Burbank’s Grant

Martin’s Location

Pinkham’s Grant

Randolph

Sargent’s Purchase

Shelburne

Success

Thompson and Meserve’s Purchase

Wentworth’s Location 2

V. Grafton County.

District No. 1 Bethlehem

Littleton

Monroe 3

District No. 2 Bath

Lisbon

Lyman 1

District No. 3 Benton

Franconia

Landaff

Sugar Hill

Warren 1

District No. 4 Easton

Ellsworth

Lincoln

Livermore

Waterville Valley

Woodstock 1

District No. 5 Haverhill

Orford

Piermont 2

District No. 6 Ashland

Campton

Holderness

Thornton 3

District No. 7 Plymouth 2

District No. 8 Alexandria

Bridgewater

Bristol

Hebron 2

District No. 9 Dorchester

Groton

Rumney

Wentworth 1

District No. 10 Hanover

Lyme 4

District No. 11 Canaan

Enfield

Grafton

Orange 3

District No. 12 Lebanon 4

VI. Hillsborough County.

District No. 1 Antrim

Deering 1

District No. 2 Antrim

Deering

Hillsborough

Windsor 1

District No. 3 Hillsborough

Windsor 1

District No. 4 Weare 2

District No. 5 Goffstown

Weare 1

District No. 6 Francestown

Greenfield 1

District No. 7 Goffstown 5

District No. 8 Peterborough

Sharon 2

District No. 9 Bennington

Hancock 1

District No. 10 Lyndeborough

Mt. Vernon 1

District No. 11 New Boston 1

District No. 12 Temple Wilton 1

District No. 13 Milford

Temple

Wilton 1

District No. 14 Milford 4

District No. 15 Amherst 3

District No. 16 Amherst

Lyndeborough

Mt. Vernon

New Boston 1

District No. 17 Bedford 6

District No. 18 Litchfield 2

District No. 19 Merrimack 8

District No. 20 Greenville

New Ipswich 2

District No. 21 Brookline

Hollis

Mason 1

District No. 22 Brookline

Mason 1

District No. 23 Hollis 2

District No. 24 Hudson 7

District No. 25 Pelham 3

District No. 26 Hudson

Litchfield

Pelham 1

District No. 27 Nashua Ward 1 3

District No. 28 Nashua Ward 2 3

District No. 29 Nashua Ward 3 3

District No. 30 Nashua Ward 4 3

District No. 31 Nashua Ward 5 3

District No. 32 Nashua Ward 6 3

District No. 33 Nashua Ward 7 3

District No. 34 Nashua Ward 8 3

District No. 35 Nashua Ward 9 3

District No. 36 Nashua Wards 1-9 1

District No. 37 Manchester Ward 1 3

District No. 38 Manchester Ward 2 3

District No. 39 Manchester Ward 3 3

District No. 40 Manchester Ward 4 3

District No. 41 Manchester Ward 5 3

District No. 42 Manchester Ward 6 3

District No. 43 Manchester Ward 7 3

District No. 44 Manchester Ward 8 3

District No. 45 Manchester Ward 9 3

District No. 46 Manchester Ward 10 2

District No. 47 Manchester Ward 11 2

District No. 48 Manchester Ward 12 2

District No. 49 Manchester Wards 10, 11, and 12 2

VII. Merrimack County.

District No. 1 Andover

Hill 1

District No. 2 New London 1

District No. 3 Danbury

New London

Wilmot 1

District No. 4 Newbury

Sutton

Warner 2

District No. 5 Bradford

Henniker 2

District No. 6 Dunbarton

Hopkinton

Webster 2

District No. 7 Bow 2

District No. 8 Bow

Dunbarton

Hopkinton

Webster 1

District No. 9 Hooksett 4

District No. 10 Allenstown

Pembroke 4

District No. 11 Chichester

Epsom 2

District No. 12 Pittsfield 1

District No. 13 Loudon 1

District No. 14 Northfield 1

District No. 15 Boscawen 1

District No. 16 Boscawen

Canterbury

Loudon

Northfield

Pittsfield 2

District No. 17 Franklin

Salisbury 3

District No. 18 Concord Ward 1 1

District No. 19 Concord Ward 2 1

District No. 20 Concord Ward 3 1

District No. 21 Concord Ward 4 1

District No. 22 Concord Ward 5 1

District No. 23 Concord Ward 6 1

District No. 24 Concord Ward 7 1

District No. 25 Concord Ward 8 1

District No. 26 Concord Ward 9 1

District No. 27 Concord Ward 10 1

District No. 28 Concord Wards 1-10 3

VIII. Rockingham County.

District No. 1 Northwood 1

District No. 2 Nottingham 1

District No. 3 Deerfield 1

District No. 4 Candia 1

District No. 5 Candia

Deerfield

Northwood

Nottingham 1

District No. 6 Raymond 3

District No. 7 Auburn 1

District No. 8 Chester 1

District No. 9 Auburn

Chester

Raymond 1

District No. 10 Danville 1

District No. 11 Sandown 1

District No. 12 Fremont 1

District No. 13 Danville

Sandown 1

District No. 14 Atkinson 2

District No. 15 Hampstead 2

District No. 16 Plaistow 2

District No. 17 Hampstead

Plaistow 1

District No. 18 Derry 11

District No. 19 Londonderry 7

District No. 20 Windham 3

District No. 21 Londonderry

Windham 1

District No. 22 Salem 9

District No. 23 Epping 1

District No. 24 Epping

Fremont 1

District No. 25 Exeter

Kensington 5

District No. 26 Brentwood 1

District No. 27 East Kingston

Kingston

Newton 4

District No. 28 Newfields

Newmarket 3

District No. 29 Stratham 2

District No. 30 Greenland 1

District No. 31 New Castle

Rye 2

District No. 32 North Hampton 1

District No. 33 Hampton

Hampton Falls 5

District No. 34 Hampton

Hampton Falls

North Hampton 1

District No. 35 Seabrook

South Hampton 3

District No. 36 Portsmouth Ward 1 1

District No. 37 Portsmouth Ward 2 1

District No. 38 Newington

Portsmouth Ward 3 1

District No. 39 Portsmouth Ward 4 1

District No. 40 Portsmouth Ward 5 1

District No. 41 Portsmouth Wards 1, 2, and 5 1

District No. 42 Newington

Portsmouth Wards 3 and 4 1

IX. Strafford County.

District No. 1 Farmington 1

District No. 2 Milton 1

District No. 3 Middleton

New Durham 1

District No. 4 Farmington

Middleton

Milton

New Durham 1

District No. 5 Rochester Ward 1 1

District No. 6 Rochester Ward 2 1

District No. 7 Rochester Wards 1 and 2 1

District No. 8 Rochester Ward 3 1

District No. 9 Rochester Ward 4 1

District No. 10 Rochester Wards 3 and 4 1

District No. 11 Rochester Ward 5 1

District No. 12 Rochester Ward 6 1

District No. 13 Rochester Wards 5 and 6 1

District No. 14 Rollinsford

Somersworth 5

District No. 15 Dover Ward 1 1

District No. 16 Dover Ward 6 1

District No. 17 Dover Wards 1 and 6 1

District No. 18 Dover Ward 2 1

District No. 19 Dover Ward 3 1

District No. 20 Dover Wards 2 and 3 1

District No. 21 Dover Ward 4 1

District No. 22 Dover Ward 5 1

District No. 23 Dover Wards 4 and 5 1

District No. 24 Durham 4

District No. 25 Barrington 2

District No. 26 Lee 1

District No. 27 Strafford 1

District No. 28 Barrington

Durham

Lee

Madbury

Strafford 1

X. Sullivan County.

District No. 1 Cornish

Plainfield 1

District No. 2 Newport 2

District No. 3 Claremont Wards 1-3

Cornish

Croydon

Plainfield

Unity 2

District No. 4 Sunapee 1

District No. 5 Grantham

Springfield 1

District No. 6 Acworth

Goshen

Lempster

Washington 1

District No. 7 Charlestown

Langdon 1

District No. 8 Acworth

Charlestown

Goshen

Langdon

Lempster

Washington 1

District No. 9 Claremont Ward 1 1

District No. 10 Claremont Ward 2 1

District No. 11 Claremont Ward 3 1

Question is on the adoption of the floor amendment.

A roll call was requested by Senator Fernald.

Seconded by Senator Pignatelli.

The following Senators voted Yes: Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.

The following Senators voted No: Burns, Gordon, Johnson, Boyce, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.

Yeas: 11 - Nays: 13

Floor amendment failed.

Question is on ordering to third reading.

A roll call was requested by Senator Below.

Seconded by Senator Pignatelli.

The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.

The following Senators voted No: Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.

Yeas: 13 - Nays: 11

Ordered to third reading.

 

HB 379, apportioning the executive council districts. Internal Affairs Committee. Vote 2-1. Inexpedient to Legislate, Senator Flanders for the committee.

 

SUBSTITUTE MOTION

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

Adopted.

Ordered to third reading.

HB 380, apportioning county commissioner districts. Internal Affairs Committee. Vote 2-1. Inexpedient to Legislate, Senator Flanders for the committee.

 

SUBSTITUTE MOTION

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

Adopted.

Senator Boyce offered a floor amendment.

Sen. Boyce, Dist. 4

Sen. Johnson, Dist. 3

March 21, 2002

2002-3057s

03/04

Floor Amendment to HB 380

Amend RSA 662:4, I as inserted by section 1 of the bill by replacing it with the following:

I. Belknap: District 1, the city of Laconia; District 2, the towns of Barnstead, Belmont, Gilmanton, Sanbornton, and Tilton; District 3, the towns of Alton, Center Harbor, Gilford, Meredith, and New Hampton.

Floor amendment adopted.

Ordered to third reading.

HB 419, apportioning delegates to state party conventions. Internal Affairs Committee. Vote 2-1. Inexpedient to Legislate, Senator Flanders for the committee.

 

SUBSTITUTE MOTION

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

Adopted.

Ordered to third reading.

SB 451, relative to the shoreland protection act. Public Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Francoeur for the committee.

 

SUBSTITUTE MOTION

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

A roll call was requested by Senator Pignatelli.

Seconded by Senator Wheeler.

The following Senators voted Yes: Gordon, Johnson, Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.

The following Senators voted No: Burns, Boyce, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.

Yeas: 13 - Nays: 11

Adopted.

Senator Johnson offered a floor amendment.

2002-3053s

06/09

Floor Amendment to SB 451

Amend the bill by deleting section 13 and renumbering the original section 14 to read as 13.

2002-3053s

AMENDED ANALYSIS

This bill makes certain changes to RSA 483-B, the Comprehensive Shoreland Protection Act.

Floor amendment adopted.

Question is on ordering to third reading.

A roll call was requested by Senator Prescott.

Seconded by Senator Pignatelli.

The following Senators voted Yes: Gordon, Johnson, Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.

The following Senators voted No: Burns, Boyce, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.

Yeas: 13 - Nays: 11

Ordered to third reading.

 

SB 453, relative to setbacks in the shoreland protection act. Public Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Francoeur for the committee.

 

SUBSTITUTE MOTION

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

A roll call was requested by Senator Disnard.

Seconded by Senator Pignatelli.

The following Senators voted Yes: Gordon, Johnson, Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.

The following Senators voted No: Burns, Boyce, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.

Yeas: 13 - Nays: 11

Adopted.

Senator Below offered a floor amendment.

Sen. Disnard, Dist. 8

Sen. Below, Dist. 5

March 21, 2002

2002-3063s

06/10

Floor Amendment to SB 453

Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 4:

3 Shoreland Protection; Connecticut River Added. Amend RSA 483-B:20 to read as follows:

483-B:20 Designated Rivers. The provisions of this chapter shall not apply to rivers or river segments designated by the general court and approved for management and protection under RSA 483 prior to January 1, 1993 with the exception of the Connecticut River.

2002-3063s

AMENDED ANALYSIS

This bill reestablishes the set back line for primary structures within the protected shoreland and allows a municipality having a lesser setback, established prior to January 1, 2002, to maintain the defined primary building line in that municipality. It also extends the provisions of the Shoreland Protection Act to the Connecticut River.

Floor amendment adopted.

Senator Eaton moved to have SB 453, relative to setbacks in the shoreland protection act, laid on the table.

Adopted.

LAID ON THE TABLE

SB 453, relative to setbacks in the shoreland protection act.

 

SCR 3, expressing the fundamental importance of public health to the people of New Hampshire. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

Adopted.

Ordered to third reading.

SCR 4, relative to prescription drug patient assistance programs. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator McCarley for the committee.

Adopted.

Ordered to third reading.

 

HB 1337, establishing a study committee to review and determine steps to fully implement the infant deafness program. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator McCarley for the committee.

Adopted.

Ordered to third reading.

 

HB 494, establishing a committee to study the permitting and hearing processes for proposed highways. Transportation Committee. Vote 4-0. Ought to Pass, Senator Eaton for the committee.

Adopted.

Ordered to third reading.

HB 1132, relative to grip height on motorcycles. Transportation Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

Adopted.

Ordered to third reading.

HB 1256, relative to Clark Pond Road in the town of Haverhill. Transportation Committee. Vote 5-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Ordered to third reading.

 

SB 436, allowing municipalities to adopt a lower interest rate charged on property tax payments made for property redemptions. Ways and Means Committee. Vote 4-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2002-3042s

10/03

Amendment to SB 436

 

Amend the introductory paragraph of RSA 80:20-b, II as inserted by section 1 of the bill by replacing it with the following:

II. Any town or city may adopt an alternate interest rate applicable to the payments made in redemption of property under RSA 80:32 or RSA 80:69, or to the payment of subsequent taxes by a person making a redemption under RSA 80:37 or RSA 80:75, III which is less than 12 percent per annum but not less than 7 percent per annum, in the following manner:

Amendment adopted.

Senator Pignatelli offered a floor amendment.

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. Hollingsworth, Dist. 23

Sen. Larsen, Dist. 15

Sen. McCarley, Dist. 6

Sen. O’Neil Dist. 18

Sen. Wheeler, Dist. 21

March 21, 2002

2002-3061s

10/04

Floor Amendment to SB 436

Amend the introductory paragraph of RSA 80:20-b, II as inserted by section 1 of the bill by replacing it with the following:

II. Any town or city may adopt an alternate interest rate applicable to the payments made in redemption of property under RSA 80:32 or RSA 80:69, or to the payment of subsequent taxes by a person making a redemption under RSA 80:37 or RSA 80:75, III which is less than 18 percent per annum but not less than 7 percent per annum, in the following manner:

Floor amendment adopted.

Ordered to third reading.

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. Ways and Means Committee. Vote 4-0. Ought to Pass, Senator D'Allesandro for the committee.

Senator Eaton moved interim study.

Motion of interim study is adopted.

 

HOUSE MESSAGE

The House of Representatives concurs with the Senate in its amendment to the following entitled Bill sent down from the Senate:

HB 498, exempting the Connecticut Lakes Headwaters Tract from the real estate transfer tax.

 

2002-3072-EBA

08/09

Enrolled Bill Amendment to HB 498

The Committee on Enrolled Bills to which was referred HB 498

AN ACT exempting the Connecticut Lakes Headwaters Tract from the real estate transfer tax.

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

FOR THE COMMITTEE

Explanation to Enrolled Bill Amendment to HB 498

This enrolled bill amendment makes a typographical correction.

Enrolled Bill Amendment to HB 498

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

organization. Any non-exempt seller, grantor, assignor, transferor, or purchaser of any real estate or

Senator Pignatelli moved adoption.

Adopted.

 

HB 1414-FN-A-L, relative to taxation of excavation areas. Ways and Means Committee. Vote 4-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2002-3038s

10/09

Amendment to HB 1414-FN-A-LOCAL

Amend the bill by replacing section 13 with the following:

13 Effective Date. This act shall take effect April 1, 2002, at 12:01 a.m.

Amendment adopted.

Referred to the Finance Committee (Rule #24).

 

SUSPENSION OF THE RULES

Senator Barnes moved that the Rules of the Senate be so far suspended to allow a committee report not advertised in the Calendar.

Adopted by the necessary 2/3 vote.

 

HB 1414-FN-A-L, relative to taxation of excavation areas. Finance Committee. Vote 8-0. Ought to pass. Senator D'Allesandro for the committee.

Adopted.

Ordered to third reading.

 

HB 1120, relative to naming a certain island in Lake Winnipesaukee in the town of Moultonborough. Wildlife and Recreation Committee. Vote 4-0. Ought to Pass, Senator Roberge for the committee.

Adopted.

Ordered to third reading.

 

HB 1396, authorizing the state veterinarian to provide wildlife disease prevention and treatment. Wildlife and Recreation Committee. Vote 3-0. Ought to Pass, Senator Eaton for the committee.

 

Senator Eaton moved to have HB 1396, authorizing the state veterinarian to provide wildlife disease prevention and treatment, laid on the table.

Adopted.

LAID ON THE TABLE

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

 

TAKEN OFF THE TABLE

Senator Francoeur moved to have SB 453, relative to setbacks in the shoreland protection act, taken off the table.

Adopted.

Senator Francoeur offered a floor amendment.

2002-3078s

06/09

Floor Amendment to SB 453

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

AN ACT relative to setbacks in the shoreland protection act and relative to special permit docks.

Amend the bill by inserting after section 3 the following and renumbering section 4 to read as 5:

4 New Subdivision; Docks; Special Permits. Amend RSA 483-B by inserting after section 20 the following new subdivision:

Special Permit Docks

483-B:21 Special Permit Docks

I. Notwithstanding any other provision of law, the department of safety may grant special permits to install docks on any lake or pond. Special permits obtained under this section shall be exempt from the permitting requirements of RSA 482-A. To qualify for a special permit under this section, the dock shall be:

(a) The only structure on the frontage.

(b) Configured to be narrow, rectangular, and erected perpendicular to the shoreline.

(c) No more than 6 feet wide, and no more than 40 feet long if the waterbody is 1000 acres or larger, or no more than 30 feet long on waterbodies that are less than 1000 acres in size.

(d) Located on a parcel of land that has 75 feet or more of shoreline frontage.

(e) Located at least 20 feet from an abutting property line or imaginary extension of the property line over the water.

(f) Constructed in an area that results in no impact to wetlands along or adjacent to the shoreline.

(g) Installed in a manner which complies with this chapter.

(h) Installed in a manner which does not present an unreasonable adverse effect on the environment.

(i) Installed in a manner which does not constitute a hazard to public safety or unreasonably interfere with other recreational uses of the water.

II. The commissioner of the department of safety may adopt rules, pursuant to RSA 541-A, relative to the application process, submission of plans, granting or denying of special permits, and the establishment of reasonable fees to be charged for filing applications for special permits under this subdivision.

2002-3078s

AMENDED ANALYSIS

This bill:

I. Reestablishes the set back line for primary structures within the protected shoreland and allows a municipality having a lesser setback, established prior to January 1, 2002, to maintain the defined primary building line in that municipality.

II. Extends the provisions of the Shoreland Protection Act to the Connecticut River.

III. Creates a special permitting process in the department of safety to allow the installation of certain docks on any lake or pond.

Question is on the adoption of the floor amendment.

A roll call was requested by Senator Fernald.

Seconded by Senator Pignatelli.

The following Senators voted Yes: Burns, Boyce, Flanders, Disnard, Roberge, Eaton, O'Hearn, Francoeur, O'Neil, D'Allesandro, Klemm.

The following Senators voted No: Gordon, Johnson, Below, McCarley, Fernald, Pignatelli, Larsen, Gatsas, Barnes, Prescott, Wheeler, Hollingworth, Cohen.

Yeas: 11 - Nays: 13

Floor amendment failed.

Ordered to third reading.

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 102-A, making a capital appropriation to support affordable housing solutions in the state of New Hampshire.

SENATE CONCURS WITH HOUSE AMENDMENT

SB 102-A, making a capital appropriation to support affordable housing solutions in the state of New Hampshire.

Senator Francoeur moved to concur.

Adopted.

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 182-FN-A, establishing a brain and spinal cord injury trust fund and appropriating certain moneys to such fund.

SENATE CONCURS WITH HOUSE AMENDMENT

SB 182-FN-A, establishing a brain and spinal cord injury trust fund and appropriating certain moneys to such fund.

Senator Prescott moved to concur.

Adopted.

 

TAKEN OFF THE TABLE

Senator Gordon moved to have SB 433, establishing a standardized protocol for interviewing victims of child abuse, taken off the table.

Adopted.

Senator Gordon offered a floor amendment.

Sen. Gordon, Dist. 2

Sen. Cohen, Dist. 24

2002-3079s

01/09

Floor Amendment to SB 433

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

AN ACT establishing a standardized protocol for the investigation and assessment of child abuse and neglect cases and relative to grant applications for the investigation and assessment of child abuse cases.

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

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

169-C:38-a Standardized Protocol for the Investigation and Assessment of Child Abuse and Neglect Cases. The department of health and human services and the department of justice shall jointly develop a standardized protocol for the interviewing of victims and the investigation and assessment of cases of child abuse and neglect. The protocol shall seek to minimize the impact on the victim. The protocol shall also be designed to protect the rights of all parties affected The protocol shall specifically address the need to establish safe and appropriate places for interviewing children.

2 Grant Applications for the Investigation and Assessment of Child Abuse and Neglect. The department of justice shall submit grant applications for available federal and private funds to implement the standardized protocol for the interviewing of victims and the investigation and assessment of child abuse and neglect cases. 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 Applicability. The standardized protocol required under RSA 169-C:38-a as inserted by section 1 of this act shall be adopted no later than January 1, 2003.

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

2002-3079s

AMENDED ANALYSIS

This bill requires the department of health and human services and the department of justice, to develop a standardized protocol for interviewing, investigation and assessment of child abuse cases.

The bill also directs the department of justice to submit grant proposals relative to the investigation and assessment of child abuse cases.

Floor amendment adopted.

Ordered to third reading.

SUSPENSION OF THE RULES

Senator Francoeur moved that the Rules of the Senate be so far suspended as to allow a Senate Bill to be taken off the table after the deadline.

A roll call was requested by Senator Fernald.

Seconded by Senator Gordon.

The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Flanders, Disnard, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, O'Neil, Prescott, D'Allesandro, Klemm.

The following Senators voted No: Below, McCarley, Fernald, Larsen, Wheeler, Hollingworth, Cohen.

Yeas: 15 - Nays: 7

Senator Pignatelli (Rule #42).

The necessary 2/3 vote was not obtained.

Motion failed.

2002-3041-EBA

05/01

Enrolled Bill Amendment to HB 137

The Committee on Enrolled Bills to which was referred HB 137

AN ACT establishing a committee to study the definition of domicile for voting purposes.

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

FOR THE COMMITTEE

Explanation to Enrolled Bill Amendment to HB 137

This enrolled bill amendment makes a technical correction to the reporting date of HB 137 and to the effective date of HB 317-FN (2002, 6).

Enrolled Bill Amendment to HB 137

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

AN ACT establishing a committee to study the definition of domicile for voting purposes and making a technical correction.

Amend section 5 of the bill by replacing line 3 with the following:

senate clerk, the governor, and the state library on or before November 1, 2002.

Amend the bill by inserting after section 5 the following and renumbering the original section 6 to read as 8:

6 Aeronautics Act; Effective Date Amended. Amend 2002, 6:5 to read as follows:

6:5 Effective Date. This act shall take effect July 1, [2001] 2002.

7 Aeronautics Act; Effective Date; Legislative Intent. The legislature intended HB 317-FN (2002, 6), relative to the New Hampshire Aeronautics Act, to take effect on July 1, 2002. There was no legislative intent that the act apply retroactively to July 1, 2001 or to any period of time between July 1, 2001 and July 1, 2002.

Senator Pignatelli moved adoption.

Adopted.

REPORT OF COMMITTEE ON ENROLLED BILLS

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

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

Senator D'Allesandro moved adoption.

Adopted.

RESOLUTION

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.

Adopted.

ANNOUNCEMENTS

RESOLUTION

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 the Call of the Chair.

Adopted.

LATE SESSION

Third Reading and Final Passage

HB 379, apportioning the executive council districts.

HB 380, apportioning county commissioner districts.

HB 419, apportioning delegates to state party conventions.

HB 420, apportioning state representative districts.

SB 433, establishing a standardized protocol for the investigation and assessment of child abuse and neglect cases and relative to grant applications for the investigation and assessment of child abuse cases.

SB 436, allowing municipalities to adopt a lower interest rate charged on property tax payments made for property redemptions.

SB 437-FN-L, relative to the protection of public water supplies during emergency conditions and making certain changes to encourage the formation of regional water systems.

SB 440, relative to rules for water conservation.

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.

SB 443-FN, relative to the division of condominiums.

SB 444, relative to parents in the classroom.

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

SB 447, requiring the real estate commission to create an agency disclosure form and an agency informational brochure.

SB 451, relative to the shoreland protection act.

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

SB 453, relative to setbacks in the shoreland protection act.

SB 455-FN-A, relative to funding for district and probate court security.

HB 462-FN, requiring state regulatory boards, commissions, advisory boards, advisory committees, and authorities to develop an orientation manual for new members.

HB 494, establishing a committee to study the permitting and hearing processes for proposed highways.

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.

HB 712-FN, relative to the coordination of state, regional, and local planning efforts.

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

HB 1132, relative to grip height on motorcycles.

HB 1171, relative to organic food production.

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

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

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

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

SCR 3, expressing the fundamental importance of public health to the people of New Hampshire.

SCR 4, relative to prescription drug patient assistance programs.

In recess to the Call of the Chair.