SENATE

JOURNAL 8 (cont.)

March 21, 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 1449, establishing a pilot program to study and establish protected instream flows and water management plans on the Lamprey River and the Souhegan River.

 

INTRODUCTION OF HOUSE BILL

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bill numbered 1449 shall be by this resolution read a first and second time by the therein listed title, and referred to the therein designated committee.

Adopted.

First and Second Reading and Referral

HB 1449, establishing a pilot program to study and establish protected instream flows and water management plans on the Lamprey River and the Souhegan River. Environment

 

HOUSE MESSAGE

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

SB 1, apportioning state senate districts.

SB 3, apportioning congressional districts.

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

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

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

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

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

 

HOUSE MESSAGE

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

HB 141, relative to regulation of junk yards.

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

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

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

HOUSE MESSAGE

The House of Representatives has referred for Interim Study the following Bill sent down from the Senate:

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

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 1100-FN, relative to the judicial conduct commission and making an appropriation therefor.

HB 1102, establishing a hazardous waste coordinator certificate program and making an appropriation therefor.

HB 1273-FN, relative to planning and procedures for state-owned or leased trails for all-terrain vehicles and relative to registration fees for certain off highway recreational vehicles.

HB 1305-FN, relative to the pollution prevention program.

HB 1343, relative to processing excavating and dredging permits.

HB 1440-FN, establishing a New Hampshire local government records management improvement program and fund.

HB 1447, establishing a committee to study methods of supporting the continued operation of wood-fired electrical generating facilities.

HB 1467-FN, relative to the cost of vaccines.

HB 1469-FN, repealing the provision allowing certain state employees to receive a retirement allowance while in service.

HB 1471-FN, establishing a committee for the design and construction of a memorial to the victims of the September 11 tragedy.

HB 1472, amending the definitions, applications, and fees relating to explosives and explosive substances, and relative to background investigations and criminal records checks for applicants for private detective or security services.

HB 1478-FN, relative to public health emergency preparation and response.

HB 1482-FN, re-authorizing the motor oil discharge cleanup fund established under RSA 146-F, and establishing new positions at the department of environmental services and making appropriations therefor.

HB 1483, relative to municipal budget committees.

 

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 1100-1482 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 1100-FN, relative to the judicial conduct commission and making an appropriation therefor. Judiciary

HB 1102, establishing a hazardous waste coordinator certificate program and making an appropriation therefor. Environment

HB 1273-FN, relative to planning and procedures for state-owned or leased trails for all-terrain vehicles and relative to registration fees for certain off highway recreational vehicles. Wildlife and Recreation

HB 1305-FN, relative to the pollution prevention program. Environment

HB 1482-FN, re-authorizing the motor oil discharge cleanup fund established under RSA 146-F, and establishing new positions at the department of environmental services and making appropriations therefor. Environment

 

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 1187 - 1483 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 1187-FN, relative to criminal penalties for possession of a firearm in a safe school zone. Wildlife and Recreation

HB 1343, relative to processing excavating and dredging permits. Executive Departments and Administration

HB 1440-FN, establishing a New Hampshire local government records management improvement program and fund. Public Affairs

HB 1447, establishing a committee to study methods of supporting the continued operation of wood-fired electrical generating facilities. Energy and Economic Development

HB 1467-FN, relative to the cost of vaccines. Insurance

HB 1469-FN, repealing the provision allowing certain state employees to receive a retirement allowance while in service. Executive Departments and Administration

HB 1471-FN, establishing a committee for the design and construction of a memorial to the victims of the September 11 tragedy. Internal Affairs

HB 1472, amending the definitions, applications, and fees relating to explosives and explosive substances, and relative to background investigations and criminal records checks for applicants for private detective or security services. Judiciary

HB 1478-FN, relative to public health emergency preparation and response. Judiciary

HB 1483, relative to municipal budget committees. Education

 

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 1462 - HCR 14 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 1462, eliminating the statewide education property tax as a source of funding adequate education. Finance

HCR 14, declaring it to be wrongful for the judiciary, either directly or indirectly, to define an adequate education or the cost of an adequate education. Internal Affairs

 

 

 

2002-3116-EBA

06/10

Enrolled Bill Amendment to SB 102-A

The Committee on Enrolled Bills to which was referred SB 102-A

AN ACT making a capital appropriation to support affordable housing solutions in the state of New Hampshire, and increasing capital appropriations for the Concord rail bridge and veterans' home.

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 SB 102-A

This enrolled bill amendment makes a technical correction to a reference in the bill.

Enrolled Bill Amendment to SB 102-A

Amend section 1 of the bill by replacing line 4 with the following:

the legislature. The purpose of sections 1-4 of this act is to adopt specific findings and appropriate sufficient sums

Senator Pignatelli moved adoption.

Adopted.

 

 

2002-3158-EBA

03/01

Enrolled Bill Amendment to SB 362

The Committee on Enrolled Bills to which was referred SB 362

AN ACT relative to the membership and duties of the New Hampshire film and television commission.

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 SB 362

This enrolled bill amendment makes grammatical corrections.

Enrolled Bill Amendment to SB 362

Amend RSA 12-A:41-a, II(b) as inserted by section 1 of the bill by replacing line 1 with the following:

(b) Recommend both long-range and short-term programs that will result in economic

Amend RSA 12-A:41-a, II(d) as inserted by section 1 of the bill by replacing line 2 with the following:

picture industry, the television industry, independent film producers, and other filmmakers.

Senator Pignatelli moved adoption.

Adopted.

 

2002-3220-EBA

05/09

Enrolled Bill Amendment to HB 379

The Committee on Enrolled Bills to which was referred HB 379

AN ACT apportioning the executive council districts.

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 379

This bill makes a grammatical correction and inserts omitted punctuation.

Enrolled Bill Amendment to HB 379

Amend RSA 662:2, I as inserted by section 1 of the bill by replacing lines 1 and 2 with the following:

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

Amend RSA 662:2, I as inserted by section 1 of the bill by replacing line 6 with the following:

Wakefield, and Wolfeboro and the cities of Claremont and Laconia.

Amend RSA 662:2, II as inserted by section 1 of the bill by replacing line 8 with the following:

Washington, Weare, Webster, Westmoreland, Wilmot, and Windsor and the cities of Concord, Franklin,

Senator Pignatelli moved adoption.

Adopted.

 

2002-3150-EBA

06/09

Enrolled Bill Amendment to HB 463-FN

The Committee on Enrolled Bills to which was referred HB 463-FN

AN ACT relative to protective services to adults.

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 463-FN

This enrolled bill amendment makes punctuation corrections to the bill.

Enrolled Bill Amendment to HB 463-FN

Amend RSA 161-F:57 as inserted by section 7 of the bill by replacing lines 6-10 with the following:

devise or implement a service plan, [or] to a facility and the appropriate licensing authority or authorities for an incident occurring within a facility, as defined in RSA 151, to the extent necessary to protect the victim or other facility residents or to comply with state or federal law, to local law enforcement, the department of justice, or a county attorney, pursuant to RSA 161-F:51, II, or to any court in any proceeding where the welfare of the alleged victim or

Senator Pignatelli moved adoption.

Adopted.

 

2002-3152-EBA

04/10

Enrolled Bill Amendment to HB 1131

The Committee on Enrolled Bills to which was referred HB 1131

 

AN ACT establishing a committee to study increasing the number of physicians who are New Hampshire residents and making a technical change.

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 1131

This enrolled bill amendment makes certain technical corrections to sections 1 and 8 of the bill.

Enrolled Bill Amendment to HB 1131

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

1 Statement of Purpose. It is the intent of this act to assure, to the greatest extent possible, the

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

residents equal opportunities to become physicians. Further, it is the intent of this act to decrease

Amend the bill by replacing section 8 with the following:

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

Senator Pignatelli moved adoption.

Adopted.

 

 

2002-3145-EBA

03/01

Enrolled Bill Amendment to HB 1171

The Committee on Enrolled Bills to which was referred HB 1171

AN ACT relative to organic food production.

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 1171

This enrolled bill amendment corrects references to federal law.

Enrolled Bill Amendment to HB 1171

Amend RSA 426:6 as inserted by section 1 of the bill by replacing lines 2-4 with the following:

commodity produced in accordance with the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture’s National Organic Program, Final Rule, 7 CFR part 205.

Amend RSA 426:6-a as inserted by section 2 of the bill by replacing lines 2-4 with the following:

not be sold or labeled as organic unless it meets the requirements set forth in the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture’s National Organic Program, Final Rule, 7 CFR part 205.

Amend RSA 426:6-b, I as inserted by section 3 of the bill by replacing lines 5-6 with the following:

Agriculture in accordance with the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture’s National Organic Program, Final Rule, 7 CFR part

Amend RSA 426:6-b, II as inserted by section 3 of the bill by replacing lines 3-4 with the following:

Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture’s National Organic Program, Final Rule, 7 CFR part 205, and to implement the provisions thereof.

Amend RSA 426:6-b, III as inserted by section 3 of the bill by replacing it with the following:

III. The commissioner may employ inspectors to certify agricultural producers, processors, and handlers in this state, and to determine whether or not agricultural plant, animal, food, or fiber commodities are marked, branded, or labeled in accordance with the labeling requirements set forth in this chapter and in the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture’s National Organic Program, Final Rule, 7 CFR part 205.

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 Bills:

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

HB 420, apportioning state representative districts.

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.

SB 1, apportioning state senate districts.

SB 102, making a capital appropriation to support affordable housing solutions in the state of New Hampshire, and increasing capital appropriations for the Concord rail bridge and veterans' home.

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

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

Senator D'Allesandro 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 Bills:

HB 141, relative to regulation of junk yards.

HB 419, apportioning delegates to state party conventions.

HB 567, extending the reporting date of the commission for the development of a statewide protocol for interviewing victims of sexual assault crimes.

HB 1132, relative to grip height on motorcycles.

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

SB 3, apportioning congressional districts.

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

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

Senator D'Allesandro 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 Bills:

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

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

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

Senator D'Allesandro 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 Bills:

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

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

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

Senator D'Allesandro 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 498, an act exempting the Connecticut Lakes Headwaters Tract from the real estate transfer tax.

Senator Wheeler 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 Bills:

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

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

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

Senator Wheeler 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 Bills:

HB 463, relative to protective services to adults.

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

HB 1171, relative to organic food production.

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

Senator D'Allesandro moved adoption.

Adopted.

 

LATE SESSION

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Wednesday, April 10, 2002, at 1:00 p.m.

Adopted.

Adjournment.

SENATE

JOURNAL 9

April 10, 2002

The Senate met at 1:00 p.m.

A quorum was present.

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

Give us today ears that hear so well, O Lord, that the sounds of your reality are so loud as to make us deaf to the cacophony of our own prejudices, assumptions and the faulty opinions. And may our dealings with one another be always civil but never war. Amen.

Senator Below led the Pledge of Allegiance.

 

INTRODUCTION OF GUESTS

HOUSE MESSAGE

The House of Representatives has referred for Interim Study the following Bills sent down from the Senate:

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

SB 186-FN, relative to the powers and classification for criminal justice and consumer protection in investigators of the department of justice and for county attorney investigators.

SB 315-FN, relative to requiring payment of a club assistance program fee by persons registering snow traveling vehicles who are not members of an organized snowmobile club.

SB 332-FN, relative to the payment of medical benefits costs for certain group II permanent firemen members injured in the performance of duty.

SB 396-FN, relative to group II retirement status for criminalists employed by the department of safety.

SB 429, relative to the community technical college system.

HOUSE MESSAGE

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

SB 187-FN, establishing a committee to study eminent domain proceedings.

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

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

SB 338, relative to ex parte orders in domestic relations cases.

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

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

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

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

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

SB 370, removing an exemption to a limitation to service by a trustee, director, or officer at more than one financial institution.

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

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

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

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

 

 

HOUSE MESSAGE

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

SB 350-FN, creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the department of regional community-technical colleges or the university system of New Hampshire or any component institutions, authorizing the Berlin campus of the New Hampshire regional community-technical college system to upgrade and modernize its equipment and programs, and authorizing manufacturing technology training in the town of Littleton.

SB 372, prohibiting the sale of reformulated gasoline in certain counties of the state.

SB 393, relative to expiration of contact lens and corrective lens prescriptions.

SB 402-FN, establishing a committee to study long-term care funding and making an appropriation therefor.

REPORT OF COMMITTEE ON ENROLLED BILLS

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

HB 379, apportioning the executive council districts.

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

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

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

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

Senator D'Allesandro moved adoption.

Adopted.

 

COMMITTEE REPORTS

HB 1468-FN, relative to prescription drugs and medicaid best practices. Capital Budget Committee. Vote 4-0. Interim Study, Senator Francoeur for the committee.

Committee report of interim study is adopted.

 

HB 1231-FN, implementing a pre-engineering technology curriculum in the public high schools in the state. Education Committee. Vote 3-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2002-3235s

04/09

Amendment to HB 1231-FN

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

AN ACT implementing a pre-engineering technology curriculum in the public high schools in the state; relative to the naming of the regional community-technical college system; and relative to the regional community-technical college board of trustees.

Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 8:

3 Regional Community-Technical Colleges; Naming. Amend RSA 188-F:11 to read as follows:

188-F:11 Name and Program of the Regional Community-Technical Institute and Colleges. The program of the technical colleges shall be designed to prepare qualified high school graduates or the equivalent as technicians and skilled workers and to prepare students to continue their higher education. The names of the regional community-technical institute and colleges shall be determined by the board of trustees subject to approval of the governor and council, provided that any name change approved for any institution within the regional community-technical college system shall contain the words "community-technical."

4 Regional Community-Technical Colleges; Board of Trustees. Amend the introductory paragraph of RSA 188-F:3-a, I to read as follows:

I. The governance of the regional community-technical colleges shall be vested in a board of trustees which shall consist of [25 members comprised as follows] the following members:

5 New Subparagraphs; Regional Community-Technical Colleges; Board of Trustee Membership. Amend RSA 188-F:3-a, I by inserting after subparagraph (k) the following new subparagraphs:

(l) One member from the house of representatives, appointed by the speaker of the house.

(m) One member from the senate, appointed by the president of the senate.

6 Regional Community-Technical Colleges; Board of Trustees. Amend RSA 188-F:3-a, II to read as follows:

II.(a) [All] The members set forth in subparagraphs I(a)-I(k), except for student members, shall be appointed by the governor and council.

(b) The terms of office of appointed and elected members, except the student members, shall be 4 years unless otherwise specified in this section. The terms of the elected members shall end on June 30 except that the term of the student members shall end on May 31.

(c) The term of the legislative members shall be coterminous with their terms as members of the general court. No legislative member shall serve more than 4 years. Legislative members shall receive no compensation, but shall receive mileage at the legislative rate while attending to the duties of the board of trustees.

[(c)] (d) Each member, except the student members, shall hold office until a successor is appointed and qualified. The appointment of successors for the filling of vacancies for unexpired terms shall be by appointment or election in the same manner as the original appointment.

[(d)] (e) Nine of the voting members shall constitute a quorum required to transact official business.

7 Regional Community-Technical Colleges; Operation of Board of Trustees. Amend RSA 188-F:3-b, VII to read as follows:

VII. Except for the governor of the state, and except as provided in RSA 188-F:3-a, I(l)-(m), no person who holds elected public office shall serve on the board.

2002-3235s

AMENDED ANALYSIS

This bill:

I. Establishes a pre-engineering technology curriculum in the public high schools in the state and creates a pre-engineering technology curriculum advisory council to advise the department of education on the implementation of such curriculum.

II. Transfers a capital appropriation to implement the pre-engineering technology curriculum.

III. Provides that the words "community-technical" shall be included in any name change to any institution within the regional community-technical college system.

IV. Adds one member of the house of representatives and one member of the senate to the regional community-technical college board of trustees.

Amendment failed.

Senator Johnson offered a floor amendment.

2002-3323s

04/01

Floor Amendment to HB 1231-FN

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

AN ACT implementing a pre-engineering technology curriculum in the public high schools in the state and relative to the naming of the regional community-technical college system.

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

3 Regional Community-Technical Colleges; Naming. Amend RSA 188-F:11 to read as follows:

188-F:11 Name and Program of the Regional Community-Technical Institute and Colleges. The program of the technical colleges shall be designed to prepare qualified high school graduates or the equivalent as technicians and skilled workers and to prepare students to continue their higher education. The names of the regional community-technical institute and colleges shall be determined by the board of trustees subject to approval of the governor and council, provided that any name change approved for any institution within the regional community-technical college system shall contain the words "community-technical."

2002-3323s

AMENDED ANALYSIS

This bill:

I. Establishes a pre-engineering technology curriculum in the public high schools in the state and creates a pre-engineering technology curriculum advisory council to advise the department of education on the implementation of such curriculum.

II. Transfers a capital appropriation to implement the pre-engineering technology curriculum.

III. Provides that the words "community-technical" shall be included in any name change to any institution within the regional community-technical college system.

Floor amendment adopted.

Referred to the Finance Committee (Rule #24).

 

HB 1259-FN-L, relative to the base cost for calculating adequate education grants. Education Committee. Vote 4-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2002-3260s

04/10

Amendment to HB 1259-FN-LOCAL

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

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

I. For the biennium beginning July 1, 2003, and every biennium thereafter, the department of education shall calculate the base cost per pupil by adding to the base cost per pupil of the immediately preceding biennium a percentage increase for inflation. The percentage shall be twice the average annual rate of inflation for the 4 calendar years immediately preceding the calendar year in which the new base cost is determined. Inflation shall be measured by the most recent available northeast region consumer price index for all urban consumers as published by the Bureau of Labor Statistics, United States Department of Labor.

2 School Money; State Aid for Educational Adequacy; Definitions. Amend RSA 198:38, VI to read as follows:

VI. "[Average] Base cost per pupil of an elementary school pupil' means the amount as determined in accordance with RSA 198:40.

3 School Money; Determination of Per Pupil Adequate Education Cost. Amend RSA 198:40, III to read as follows:

III. For each fiscal year, the statewide cost of an adequate education for all pupils shall be calculated by multiplying the [average] base cost per pupil [cost of an adequate education] by the statewide weighted average daily membership in residence of pupils and then adding 70 percent of total statewide transportation costs.

4 School Money; Determination of Adequate Education Grants. Amend RSA 198:41, I (a) to read as follows:

(a) Multiply the [average] base cost per pupil of an elementary pupil by the weighted average daily membership in residence for the municipality;

5 Repeal. RSA 198:38, V, relative to the base expenditure per pupil, is repealed.

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

2002-3260s

AMENDED ANALYSIS

This bill provides that for the biennium beginning July 1, 2003, and every biennium thereafter, the calculation of the statewide cost of an adequate education shall be indexed to the northeast regional consumer price index for all urban consumers in the year of calculation.

Amendment adopted.

Referred to the Finance Committee (Rule #24).

Senators Fernald and Pignatelli are in opposition to the amendment on HB 1259-FN-L.

 

NOTICE OF RECONSIDERATION

Senator Eaton served notice of reconsideration on HB 380, apportioning county commissioners districts.

 

HB 1260-FN, relative to certification and licensing of teachers and school administrators. Education Committee. Vote 3-0. Inexpedient to Legislate, Senator Disnard for the committee.

Committee report of inexpedient to legislate is adopted.

 

HB 207-FN-L, increasing the state aid contribution to municipalities that expand, upgrade, or develop new wastewater treatment facilities to provide for expanded septage handling and disposal capacity. Environment Committee. Vote 4-0. Ought to Pass, Senator Below for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 253-FN, relative to mercury reductions. Environment Committee. Vote 4-0. Ought to pass with amendment, Senator Below for the committee.

2002-3246s

08/01

Amendment to HB 253-FN

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

2 Mercury Emissions Reduction and Control Program; Compliance. Amend RSA 125-M:5 to read as follows:

125-M:5 Compliance.

[I.] No person shall operate a municipal waste combustor with the design capacity to burn 100 tons per day or more of municipal solid waste without a temporary or operating permit issued by the department in accordance with RSA 125-C. Any source subject to this section shall file a complete application for a permit or permit modification under the provisions of RSA 125-C and a plan for achieving compliance with this chapter. [Combustors with a design capacity of 250 tons per day or more shall submit such plan and application by July 1, 2000 in order to comply by January 1, 2001 with the emission limits established by this chapter. Combustors with a design capacity of less than 250 tons per day but not less than 100 tons per day which are subject to RSA 125-M:3, I shall submit such plan and application by January 1, 2001 in order to comply by July 1, 2001 with the emission limits established by this chapter.

II. Until 6 months prior to the date set under paragraph I for complying with an emission limit, the owner of a combustor may request a single extension of time of not more than 6 months, for compliance with this chapter. The commissioner shall grant the extension if, based on the information presented, compliance with the applicable emission limit is not achievable by the compliance date due to, but not limited to, engineering constraints, availability of equipment, or other justifiable technical reasons. The commissioner shall not consider issues of cost or economic hardship in granting the extension.]

3 Ash Landfill Study; Reporting Date. Amend 1999, 350:2 to read as follows:

350:2 Ash Landfill Study. The department of environmental services shall study the implications of having increased mercury levels in ash in order to ensure maximum protection measures from ash contaminants. The department shall review current environmental protection practices at ash landfills that serve combustors with a design capacity of 100 tons per day or more, including methods used to handle and treat ash, the adequacy of leak detection systems and groundwater monitoring, and the ability to effectively mitigate environmental contamination, if it should occur, to protect drinking water supplies. The department shall report its findings by [February 1, 2000] May 30, 2002 to the house science, technology and energy committee, the house environment and agriculture committee, the house resources, recreation and development committee, the senate environment committee, the governor, the state library, the New Hampshire/Vermont Solid Waste Project, all of the municipalities in the Sullivan County Regional Refuse Disposal District, and the Concord Regional Solid Waste/Resource Recovery Cooperative and its member municipalities.

4 Compliance Timeline. Any combustor with a design capacity of less than 250 tons per day but not less than 100 tons, in operation as of January 1, 2002, shall submit the application and plan required by RSA 125-M:5 within 3 months after the effective date of this act and shall complete installation and begin operation of the necessary control equipment as expeditiously as possible, but not later than 18 months after receipt of all required state and local permits and approvals. Any such combuster shall demonstrate compliance with the emission limits in RSA 125-M:3, I no later than 21 months after receipt of all required state and local permits and approvals.

5 Repeal. RSA 125-M:2, V, relative to the definition of eligible costs in the mercury reduction and control program, is repealed.

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

2002-3246h

AMENDED ANALYSIS

This bill sets time frames within which certain municipal waste combustors must comply with mercury emission limits, and provides alternate compliance provisions, and extends the reporting date of the ash landfill study to May 30, 2002.

Amendment adopted.

Senator Francoeur offered a floor amendment.

2002-3341s

08/01

Floor Amendment to HB 253-FN

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

AN ACT relative to mercury reductions, and relative to the extent of the authority of agencies to adopt administrative rules.

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

6 New Paragraph; Administrative Procedure Act; Definitions; Legislative Approval. Amend RSA 541-A:1 by inserting after paragraph VII the following new paragraph:

VII-a. "Legislative approval" means a vote of the house of representatives and senate.

7 New Paragraphs; Administrative Procedure Act; Specificity of Rules; Identification of State or Federal Law; Administrative Rule Requiring Certification or Permission from Another State or Entity Prohibited. Amend RSA 541-A:3-a by inserting after paragraph III the following new paragraphs:

IV. No agency may propose or adopt any rule which incorporates by reference any code, rule, or regulation from another state or entity outside the state of New Hampshire, other than the federal government, without specific legislative approval.

V. No agency may propose or adopt any rule that requires manufacturers to produce products in a manner other than the method chosen by the manufacturer without specific legislative approval for such a rule.

8 Administrative Procedure Act; Emergency Rules; Additional Limitation on Rules Requiring Permission or Certification from Another State or Entity. Amend RSA 541-A:18, II to read as follows:

II. Notwithstanding RSA 541-A:16, III, emergency rules adopted under this section shall not remain in effect for more than 180 days from the date and time of filing with the director of legislative services; except that an emergency rule adopted in violation of RSA 541-A:3-a, IV or V shall not remain in effect for more than 45 days unless additional time is allowed by majority vote of the legislature, and in no case shall such rule be valid for more than 90 days. An agency may propose a permanent rule on the same subject at the same time that it adopts an emergency rule, but it shall not adopt the same or substantially the same emergency rule when the emergency rule expires.

9 Effective Date.

I. Section 1-5 of this act shall take effect upon its passage.

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

2002-3341s

AMENDED ANALYSIS

This bill:

I. Sets time frames within which certain municipal waste combustors must comply with mercury emission limits, and provides alternate compliance provisions.

II. Establishes a grant program to reimburse regional refuse disposal districts for certain costs of mercury emissions reduction and control systems.

III. Extends the reporting date of the ash landfill study to September 1, 2001.

IV. Prohibits administrative agencies from adopting rules that incorporate by reference any code, rule, or regulation from another state or entity outside New Hampshire, except for the federal government.

V. Prohibits administrative rules that require manufacturers to produce products in a manner other than the method chosen by the manufacturer.

 

 

Senator Boyce moved to have HB 253-FN, relative to mercury reductions, laid on the table.

Adopted.

LAID ON THE TABLE

HB 253-FN, relative to mercury reductions.

 

HB 284-FN, relative to additional emissions reductions from existing fossil fuel burning steam electric power plants. Environment Committee. Vote 4-0. Ought to Pass, Senator Johnson for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

 

HB 581-FN, relative to the authority of the commissioner of agriculture, markets, and food to search for invasive species. Environment Committee. Vote 4-0. Ought to Pass, Senator Prescott for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 592-FN-A, relative to a milfoil and other exotic aquatic plants prevention program. Environment Committee. Vote 4-0. Ought to Pass, Senator Johnson for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 1119-FN-L, relative to landfill closing costs reimbursed by the department of environmental services. Environment Committee. Vote 4-0. Ought to Pass, Senator Cohen for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

HB 1305-FN, relative to the pollution prevention program. Environment Committee. Vote 2-0. Ought to Pass, Senator Eaton for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 1482-FN-A, re-authorizing the motor oil discharge cleanup fund established under RSA 146-F, and establishing new positions at the department of environmental services and making appropriations therefor. Environment Committee. Vote 2-0. Ought to Pass, Senator Johnson for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 1102, establishing a hazardous waste coordinator certificate program and making an appropriation therefor. Environment Committee. Vote 3-0. Ought to Pass, Senator Johnson for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 1336-FN, permitting wine manufacturers to be issued restaurant licenses. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator D'Allesandro for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

HB 1352-FN-L, relative to establishing a hazardous duty classification in the length of service awards program. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Flanders for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 1354-FN, licensing body art practitioners. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Prescott for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 1373-FN, relative to the participation in the New Hampshire retirement system by certain school district employees. Executive Departments and Administration Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 1377-FN, relative to the regulation of physical therapists. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2002-3129s

10/01

Amendment to HB 1377-FN

Amend RSA 328-A:4, II as inserted by section 1 of the bill by replacing it with the following:

II. Licensing, license renewals, and continuing education requirements.

Amend RSA 328-A:7, IV as inserted by section 1 of the bill by replacing it with the following:

IV. An applicant for licensure who does not pass the examination after the first attempt may retake the examination 3 additional times. Before the board may approve an applicant for subsequent testing, the applicant shall reapply for licensure and shall demonstrate evidence satisfactory to the board, pursuant to rules adopted by the board under RSA 541-A, of successful completion of additional clinical training or course work, or both, as determined by the board.

Amend RSA 328-A:8, I as inserted by section 1 of the bill by replacing it with the following:

I. Nothing in this chapter shall be construed to restrict a person licensed under any other law of this state from engaging in the profession or practice for which that person is licensed if that person does not represent, imply, or claim that he or she is a physical therapist or a provider of physical therapy.

Amend RSA 328-A:11, IV as inserted by section 1 of the bill by replacing it with the following:

IV. A physical therapist assistant shall work under a physical therapist’s general supervision. A physical therapist assistant shall document care provided and shall report to a supervising physical therapist any status in a patient requiring a change in the plan of care. The supervising physical therapist shall review and co-sign all notes during each reevaluation.

Amendment adopted.

Referred to the Finance Committee (Rule #24).

 

HB 209-FN, relative to original and youth operators' licenses. Finance Committee. Vote 4-0. Ought to Pass, Senator Eaton for the committee.

Adopted.

Ordered to third reading.

 

HB 439-FN-A, establishing a position of septage coordinator and making an appropriation therefor. Finance Committee. Vote 5-0. Inexpedient to Legislate, Senator Eaton for the committee.

SUBSTITUTE MOTION

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

Adopted.

Senator Below offered a floor amendment.

2002-3364s

09/10

Floor Amendment to HB 439-FN-A

Amend the bill by replacing section 2 with the following:

2 Appropriation. The sum of $1 is hereby appropriated to the department of environmental services for the fiscal year ending June 30, 2002, and the sum of $1 for the fiscal year ending June 30, 2003, for salary, benefits, current expenses, and equipment for the position of septage coordinator established in section 1 of this bill. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

Floor amendment adopted.

Ordered to third reading.

Senator Francoeur is in opposition to HB 439-FN-A.

 

HB 1184-FN, permitting the department of health and human services to use the National Medical Support Notice. Finance Committee. Vote 6-0. Ought to Pass, Senator Boyce for the committee.

Adopted.

Ordered to third reading.

 

HB 1364-FN, requiring an accounting of dedicated funds in the budgetary process. Finance Committee. Vote 5-1. Ought to pass with amendment, Senator Hollingworth for the committee.

2002-3240s

05/04

Amendment to HB 1364-FN

Amend RSA 6:12, I(xxxxxx) as inserted by section 2 of the bill by replacing it with the following:

(xxxxxx) Moneys deposited in the asbestos management and control funds maintained by the department of environmental services and the department of health and human services under RSA 141-E:12.

Amend RSA 6:12, I as inserted by section 2 of the bill by inserting after subparagraph (vvvvvvv) the following new subparagraphs:

(wwwwwww) Moneys deposited in the municipal and regional training fund under RSA 4-C:9-a, II.

(xxxxxxx) Moneys deposited in the criminal records check account under RSA 106-B:7, II.

(yyyyyyy) Moneys deposited in the air resources fund under RSA 125-C:12, V.

(zzzzzzz) Moneys deposited in the Christa McAuliffe planetarium fund under RSA 12-L:10.

(aaaaaaaa) Moneys deposited in the brownfields cleanup revolving loan fund under RSA 147-F:20.

(bbbbbbbb) Moneys deposited in the dependent children support enforcement administrative expense account under RSA 161-C:25.

(cccccccc) Moneys deposited in the office of alcohol and drug abuse prevention account under RSA 172-B:2-a.

(dddddddd) Moneys deposited in the nursing leveraged scholarship loan fund under RSA 188-D:18-e, V.

(eeeeeeee) Moneys deposited in the bookstore account under RSA 188-F:19.

(ffffffff) Moneys deposited in the school building authority account under RSA 195-C:1.

(gggggggg) Moneys deposited in the state library donations and gifts fund under RSA 201-A:10, I.

(hhhhhhhh) Moneys deposited in the pheasant stamp account under RSA 206:35-a.

(iiiiiiii) Moneys deposited in the wild turkey license or permit account under RSA 206:35-b.

(jjjjjjjj) Moneys deposited in the fish food sales revenue account under RSA 206:35-c.

(kkkkkkkk) Moneys deposited in the wildlife protection account under RSA 206:41.

(llllllll) Moneys deposited in the operation game thief account under RSA 207:62.

(mmmmmmmm) Moneys deposited in the raptor conservation account under RSA 209-A:3.

(nnnnnnnn) Moneys deposited in the wildlife habitat account under RSA 214:1-f, V.

(oooooooo) Moneys deposited in the fisheries habitat account under RSA 214:1-g, II.

(pppppppp) Moneys deposited in the super sporting license account for wildlife under RSA 214:7-c, IV(a).

(qqqqqqqq) Moneys deposited in the super sporting license account for fisheries under RSA 214:7-c, IV(b).

(rrrrrrrr) Moneys deposited in the supply depot inventory account under RSA 219:21.

(ssssssss) Moneys deposited in the disabled person’s employment fund under RSA 21-I:44-f.

(tttttttt) Moneys deposited in the land and community heritage investment program administrative fund under RSA 227-M:7-a.

(uuuuuuuu) Moneys deposited in the highway surplus account under RSA 228:11.

(vvvvvvvv) Moneys deposited in the public works and highway inventory fund under RSA 228:24.

(wwwwwwww) Moneys deposited in the municipal maintenance and repair special account under RSA 228:49, II.

(xxxxxxxx) Moneys deposited in the eastern New Hampshire turnpike toll account under RSA 237:24.

(yyyyyyyy) Moneys deposited in the central New Hampshire turnpike toll account under RSA 237:40.

(zzzzzzzz) Moneys deposited in the turnpike renewal and replacement account under RSA 237:49-a.

(aaaaaaaaa) Moneys deposited in the turnpike system toll account under RSA 237:9.

(bbbbbbbbb) Moneys deposited in the tri-state lotto prize account under RSA 287-F:9.

(ccccccccc) Moneys deposited in the electricians board account under RSA 319-C:11.

(ddddddddd) Moneys deposited in the plumbers board account under RSA 329-A:6.

(eeeeeeeee) Moneys deposited in the meat inspection account under RSA 427:32.

(fffffffff) Moneys deposited in the poultry inspection account under RSA 428:8.

(ggggggggg) Moneys deposited in the default fund under RSA 597:38-a.

(hhhhhhhhh) Moneys deposited in the industries inventory account under RSA 622:28-a.

(iiiiiiiii) Moneys deposited in the employee benefit adjustment account under RSA 9:17-c.

(jjjjjjjjj) Moneys deposited in the substance abuse treatment fund under RSA 172:14.

Amend RSA 6:12-c and RSA 6:12-d as inserted by section 3 of the bill by replacing them with the following:

6:12-c Trust and Agency Funds. All funds received or held by the state treasurer pursuant to this section shall be kept separate from any other funds and shall be administered in accordance with RSA 4:8 and the terms and conditions of the referenced trust or account:

I. The Caroline A. Fox fund of the department of resources and economic development.

II. The Japanese charitable fund of the state treasurer.

III. The rural rehabilitation corporation account of the state treasurer.

IV. The Matthew Elliot memorial trust fund of the division of juvenile justice services, department of health and human services.

V. The New Hampshire veteran’s home benefit fund of the New Hampshire veterans’ home.

VI. The Sam Whidden trust of the state university system.

VII. The Harriet Huntress trust of the department of education.

VIII. The Hattie Livesey trust of the department of education.

IX. The Laconia state school account.

X. The New Hampshire hospital account.

6:12-d Custodial and Escrow Accounts. All funds received or held by the state treasurer pursuant to this section shall be kept separate from any other funds and shall be administered in accordance with the terms and conditions of the referenced account:

I. The financial responsibility account of the department of safety.

II. The road toll bonds account of the department of safety.

III. The special fund for active cases account of the department of labor.

IV. The special fund for second injuries account of the department of labor.

V. The deferred compensation contributions escrow account of the state treasurer.

VI. The dissolution of corporation account of the state treasurer.

VII. The foreign escheated estates account of the state treasurer.

VIII. The savings bond escrow account of the state treasurer.

IX. The unclaimed and abandoned property account of the state treasurer.

X. The Guy Thompson account of the New Hampshire veterans’ home.

XI. The veteran’s home members administrative account of the veteran’s home.

XII. The water resources council accounts of the department of environmental services.

XIII. The Deloitte and Touche escrow account of the commissioner of the department of health and human services.

Amend RSA 6 as inserted by section 3 of the bill by deleting RSA 6:12-g.

Amend section 5 of the bill by deleting paragraph X and renumbering the original paragraphs XI-XIII to read as X-XII.

Amendment adopted.

Ordered to third reading.

 

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

Adopted.

Ordered to third reading.

 

HB 1409-FN-A-L, relative to payment of autopsy expenses. Finance Committee. Vote 4-2. Inexpedient to Legislate, Senator Eaton for the committee.

 

SUBSTITUTE MOTION

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

A division vote was requested.

Yeas: 11 - Nays: 12

Motion failed.

Senator Hollingworth moved to recommit.

Motion failed.

Question is on the committee report of inexpedient to legislate.

Committee report of inexpedient to legislate is adopted.

 

HB 1422, establishing certain positions in the insurance department. Finance Committee. Vote 5-0. Ought to Pass, Senator Hollingworth for the committee.

Adopted.

Ordered to third reading.

 

HB 587-FN-A, establishing a commission on the status of men. Internal Affairs Committee. Vote 2-1. Ought to Pass, Senator Boyce for the committee.

Senator Disnard moved the question.

A roll call was requested by Senator Disnard.

Seconded by Senator Fernald.

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

The following Senators voted No: Below, Larsen, Prescott, Wheeler.

Yeas: 20 - Nays: 4

Motion adopted.

MOTION TO LAY ON THE TABLE

Senator Francoeur moved to have HB 587-FN-A, establishing a commission on the status of men, laid on the table.

Question is on the tabling motion.

A roll call was requested by Senator Francoeur.

Seconded by Senator Boyce.

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

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

Yeas: 10 - Nays: 13

Motion failed.

Question is on the committee report of ought to pass.

A roll call was requested by Senator Francoeur.

Seconded by Senator Gatsas.

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

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

Yeas: 13 - Nays: 10

Adopted.

Referred to the Finance Committee (Rule #24).

Senator D'Allesandro is excused for the day.

 

HB 1439-FN-A, relative to an agreement between the state of New Hampshire and city of Laconia and making an appropriation therefor. Internal Affairs Committee. Vote 2-0. Ought to Pass, Senator Flanders for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 557-FN-A, relative to victims' assistance programs and the victims' assistance fund. Judiciary Committee. Vote 3-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

HB 1356-FN, establishing the criminal offense of felony pursuit. Judiciary Committee. Vote 3-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2002-3271s

04/01

Amendment to HB 1356-FN

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

1 Rules of the Road; Disobeying an Officer; Felony Offense. RSA 265:4, II is repealed and reenacted to read as follows:

II. Any person who violates any provision of paragraph I of this section may have his or her license or privilege to drive and any registrations issued in his or her name suspended. In addition, any person who violates the provisions of subparagraphs I (a), (b), (d), (e), or (f) of this section shall be guilty of a class A misdemeanor.

2 New Paragraph; Rules of the Road; Disobeying an Officer; Felony Pursuit. Amend RSA 265:4 by inserting after paragraph II the following new paragraph:

III.(a) In addition to the penalties listed in paragraph II, any person who violates the provisions of subparagraph I (c) shall be guilty of a class A misdemeanor and shall be fined not less than $500.

(b) Any person who violates the provisions of subparagraph I(c), and is involved in a motor vehicle accident which causes serious bodily injury as defined in RSA 625:11, VI while being pursued, shall be guilty of a class B felony.

(c) Any person who violates the provisions of subparagraph I(c), and is involved in a motor vehicle accident which causes the death of another while being pursued, shall be guilty of a class A felony.

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

2002-3271s

AMENDED ANALYSIS

This bill creates additional felony level offenses for disobeying an officer in situations where a law enforcement officer is in pursuit of an individual.

Amendment adopted.

Referred to the Finance Committee (Rule #24).

HB 556-FN-A, relative to responsibilities of the department of cultural resources and the department of safety regarding building preservation and rehabilitation. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Disnard for the committee.

2002-3151s

08/10

Amendment to HB 556-FN-A

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

AN ACT relative to responsibilities of the department of cultural resources and the department of safety regarding building preservation and rehabilitation, and allowing the commissioner of the department of cultural resources to accept donations for purposes stipulated by the donor.

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

3 New Section; Donations. Amend RSA 21-K by inserting after section 4 the following new section:

21-K:4-a Donations. The commissioner may receive and accept at any time such sums of money as may be donated for any purpose related to cultural resources; and money so received shall be converted into a continuous fund or funds which shall not lapse; to be held by the state treasurer from which payments shall be made in accordance with the stipulations of the donor.

2002-3151s

AMENDED ANALYSIS

This bill allows the commissioner of the department of cultural resources to accept grants, for the purpose of holding conferences on building rehabilitation and historic preservation. The bill also allows the commissioner of the department of safety to accept grants, and contract for services for the development, publication, and distribution of a handbook that will provide information on life safety, fire and building codes and standards, procedures and guidelines for local and state approval of preservation and rehabilitation projects, and resources available to assist political subdivisions, property owners, non-profit organizations, and developers with preservation and rehabilitation projects.

This bill also allows the commissioner of the department of cultural resources to accept donations for purposes stipulated by the donor.

Amendment adopted.

Referred to the Finance Committee (Rule #24).

HB 555-FN-L, relative to the billing of counties for certain expenses by the department of health and human services and relative to costs of certain juvenile placements. Public Institutions, Health and Human Services Committee. Vote 5-0. Inexpedient to Legislate, Senator Wheeler for the committee.

Committee report of inexpedient to legislate is adopted.

HB 1473, FN-A, relative to the capital appropriation made to the department of transportation for the new garage and testing lab facility. Transportation Committee. Vote 2-0. Ought to Pass, Senator Eaton for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

HB 1151, establishing a commission to examine and assess the status of civic education in New Hampshire. Education Committee. Vote 3-0. Ought to pass with amendment, Senator Disnard for the committee.

2002-3142s

04/09

Amendment to HB 1151

Amend the bill by replacing section 1 with the following:

1 Purpose. The general court recognizes that an active and informed citizenry is the foundation for preserving personal liberty and democratic society under a republican form of government, and wishes to explore and improve the means by which the state seeks to promote civic understanding and engagement among its residents. The general court also recognizes that developing and maintaining an informed and engaged citizenry ultimately requires educating youth at both the primary and secondary levels in the principles, organization, and operation of federal, state, and local government. Moreover, the general court is concerned by New Hampshire department of education data indicating that 35 percent of 6th graders and 45 percent of 10th graders scored at the novice level in social studies examinations, as well as the implications such data may have for democratic governance and civil society in future years. The general court therefore establishes a commission to examine and assess the status of civic education in New Hampshire.

Amend paragraph I of section 3 of the bill by inserting after subparagraph (n) the following new subparagraphs:

(o) A representative of the New Hampshire School Boards Association, appointed by that association.

(p) A representative of NEA-New Hampshire, appointed by that association.

(q) A veteran of the United States armed services who is not a member of the New Hampshire general court, appointed by the governor with the consent of the executive council.

Amend the bill by replacing section 5 with the following:

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

Amendment adopted.

Ordered to third reading.

 

HB 1443, relative to liability for educational expenses incurred during placement in certain department of health and human services facilities. Education Committee. Vote 4-0. Ought to Pass, Senator Johnson for the committee.

Adopted.

Ordered to third reading.

 

HB 1111, establishing a committee to study regulation and procedures for lake level investigations and orders. Environment Committee. Vote 4-0. Ought to pass with amendment, Senator Below for the committee.

2002-3245s

06/09

Amendment to HB 1111

Amend the bill by replacing section 3 with the following:

3 Duties. The committee shall study the regulations and procedures under RSA 482:79 to:

I. Clarify and expedite the procedures for lake level investigations and orders;

II. Ensure adequate protection of the rights and interests of all stakeholders, including but not limited to affected dam and waterfront property owners;

III. Ensure adequate protection of wildlife and fish habitats;

IV. Review the scope of discretion delegated to the department of environmental services to determine if it should be altered; and

V. Ensure the complainants’ rights to a prompt decision and an impartial appellate review.

Amendment adopted.

Ordered to third reading.

 

HB 1172, relative to the adoption of rules for certain wetland permits. Environment Committee. Vote 4-0. Ought to pass with amendment, Senator Below for the committee.

2002-3282s

06/09

Amendment to HB 1172

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

AN ACT relative to the adoption of rules for certain wetland permits, relative to certain dwellings over water, and relative to special permit docks.

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

1 Fill and Dredge in Wetlands; Notification for Certain Minimum Impact Projects; Rulemaking Authority for Activities not Requiring a Permit. Amend RSA 482-A:11, VI to read as follows:

VI. The commissioner [may] shall adopt rules pursuant to RSA 541-A establishing an expedited application and permitting process or permit by notification process for certain minimum [and minor] impact projects. The provisions of RSA 482-A:3, I and paragraph III of this section shall apply.

VII. The commissioner shall adopt rules, pursuant to RSA 541-A, identifying those activities within the jurisdiction of RSA 482-A that may be conducted without obtaining a permit, consistent with the provisions of this chapter.

2 Administrative Provisions; Permit by Notification. Amend RSA 482-A:11, III to read as follows:

III.(a) Upon written notification to the department by a municipal conservation commission that it intends to investigate any notice received by it pursuant to RSA 482-A:3, the department shall suspend action upon such notice and shall not make its decision on the notice of a minor or minimum impact project nor hold a hearing on it if a major project until it has received and acknowledged receipt of a written report from such commission, or until 40 days from the date of filing with the municipal clerk of such notice, whichever occurs earlier, subject to an extension as permitted by the department. In connection with any local investigation, a conservation commission may hold a public informational meeting or a public hearing, the record of which shall be made a part of the record of the department. If a conservation commission makes a recommendation to the department in its report, the department shall specifically consider such recommendation and shall make written findings with respect to each issue raised in such report which is contrary to the decision of the department. If notification by a local conservation commission pursuant to this paragraph is not received by the department within 14 days following the date the notice is filed with the municipal clerk, the department shall not suspend its normal action, but shall proceed as if no notification has been made.

(b) Relative to any permit by notification under paragraph VI, the provisions of subparagraph (a) shall be modified as follows:

(1) The 40-day suspended action limit is reduced to 21 days; and

(2) The notification by a municipal conservation commission of intended investigation shall be assumed unless the application filed under RSA 482-A:3 was signed by the conservation commission, or, if one has not been established in the municipality, by the local governing body, in which case the provisions of subparagraph (a) shall not apply.

3 Dwellings Over Water; Repair Offering Greater Protection to the Environment. Amend RSA 482-A:26, III to read as follows:

III.(a) Existing dwellings over water which were constructed or converted to be made suitable for use as a dwelling in accordance with the law in effect at the time of construction or conversion, may be repaired or reconstructed, for maintenance purposes only, using any modern technologies, provided the result is a functionally equivalent use. Such repair or reconstruction may alter the interior design or existing cribwork, but no expansion of the existing footprint or outside dimensions shall be permitted. A condition of RSA 482-A:3 approval shall be the existence or installation of a sewage disposal system which has been approved pursuant to RSA 485-A:29-44. No permit shall be required for routine maintenance that does not involve work in the water.

(b) Without otherwise limiting the provisions of this section, where the effect of repair or reconstruction of a structure subject to the provisions of this section represents greater protection of public water or the environment and where such repair or reconstruction does not change a recreational, water-based activity to a land-based, residential or commercial activity, the commissioner may waive the existing standards, provided that there shall be no expansion of the existing footprint, outside dimensions, and square footage of floor space; and there shall be a net reduction in the total square footage of kitchen, bathroom, shower, and toilet facilities.

4 Special Permit Docks; Department of Safety.

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 application fee for a special permit dock shall be $50, which shall accompany the application when it is submitted to the department.

III. The application fees collected pursuant to paragraph II shall be held by the treasurer in the nonlapsing fund established under RSA 482-A:3, III, which is identified as the wetlands review fund. The application fees are appropriated to and shall be expended by the department of environmental services for the purposes set forth in RSA 482-A:3, III.

IV. The commissioner of the department of safety shall 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 any other reasonable fees to be charged for filing applications for special permits under this subdivision.

5 Prospective Repeal. Section 4 of this act, relative to special permit docks and application fees, is repealed.

6 Effective Date.

I. Section 5 of this act shall take effect July 1, 2004.

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

2002-3282s

AMENDED ANALYSIS

This bill allows the commissioner of the department of environmental services to exempt certain activities of minor impact from the dredge and fill permitting process.

This bill also creates a temporary special permitting process in the department of safety to allow the installation of certain docks on any lake or pond.

Amendment adopted.

Senator Cohen offered a floor amendment.

2002-3321s

06/09

Floor Amendment to HB 1172

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

AN ACT relative to the adoption of rules for certain wetland permits and relative to certain dwellings over water.

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

1 Fill and Dredge in Wetlands; Notification for Certain Minimum Impact Projects; Rulemaking Authority for Activities not Requiring a Permit. Amend RSA 482-A:11, VI to read as follows:

VI. The commissioner [may] shall adopt rules pursuant to RSA 541-A establishing an expedited application and permitting process or permit by notification process for certain minimum [and minor] impact projects. The provisions of RSA 482-A:3, I and paragraph III of this section shall apply.

VII. The commissioner shall adopt rules, pursuant to RSA 541-A, identifying those activities within the jurisdiction of RSA 482-A that may be conducted without obtaining a permit, consistent with the provisions of this chapter.

2 Administrative Provisions; Permit by Notification. Amend RSA 482-A:11, III to read as follows:

III.(a) Upon written notification to the department by a municipal conservation commission that it intends to investigate any notice received by it pursuant to RSA 482-A:3, the department shall suspend action upon such notice and shall not make its decision on the notice of a minor or minimum impact project nor hold a hearing on it if a major project until it has received and acknowledged receipt of a written report from such commission, or until 40 days from the date of filing with the municipal clerk of such notice, whichever occurs earlier, subject to an extension as permitted by the department. In connection with any local investigation, a conservation commission may hold a public informational meeting or a public hearing, the record of which shall be made a part of the record of the department. If a conservation commission makes a recommendation to the department in its report, the department shall specifically consider such recommendation and shall make written findings with respect to each issue raised in such report which is contrary to the decision of the department. If notification by a local conservation commission pursuant to this paragraph is not received by the department within 14 days following the date the notice is filed with the municipal clerk, the department shall not suspend its normal action, but shall proceed as if no notification has been made.

(b) Relative to any permit by notification under paragraph VI, the provisions of subparagraph (a) shall be modified as follows:

(1) The 40-day suspended action limit is reduced to 21 days; and

(2) The notification by a municipal conservation commission of intended investigation shall be assumed unless the application filed under RSA 482-A:3 was signed by the conservation commission, or, if one has not been established in the municipality, by the local governing body, in which case the provisions of subparagraph (a) shall not apply.

3 Dwellings Over Water; Repair Offering Greater Protection to the Environment. Amend RSA 482-A:26, III to read as follows:

III.(a) Existing dwellings over water which were constructed or converted to be made suitable for use as a dwelling in accordance with the law in effect at the time of construction or conversion, may be repaired or reconstructed, for maintenance purposes only, using any modern technologies, provided the result is a functionally equivalent use. Such repair or reconstruction may alter the interior design or existing cribwork, but no expansion of the existing footprint or outside dimensions shall be permitted. A condition of RSA 482-A:3 approval shall be the existence or installation of a sewage disposal system which has been approved pursuant to RSA 485-A:29-44. No permit shall be required for routine maintenance that does not involve work in the water.

(b) Without otherwise limiting the provisions of this section, where the effect of repair or reconstruction of a structure subject to the provisions of this section represents greater protection of public water or the environment and where such repair or reconstruction does not change a recreational, water-based activity to a land-based, residential or commercial activity, the commissioner may waive the existing standards, provided that there shall be no expansion of the existing footprint, outside dimensions, and square footage of floor space; and there shall be a net reduction in the total square footage of kitchen, bathroom, shower, and toilet facilities.

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

2002-3321s

AMENDED ANALYSIS

This bill allows the commissioner of the department of environmental services to exempt certain activities of minor impact from the dredge and fill permitting process.

LAID ON THE TABLE

Senator Barnes moved to have HB 1172, relative to the adoption of rules for certain wetland permits, laid on the table.

A division vote is requested.

Yeas: 14 - Nays: 9

Adopted.

LAID ON THE TABLE

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

 

 

HB 1252, relative to the membership of the wetlands council. Environment Committee. Vote 5-0. Ought to pass with amendment, Senator Johnson for the committee.

2002-3287s

06/09

Amendment to HB 1252

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

1 Wetlands Council: Membership. Amend RSA 21-O:5-a, I and II to read as follows:

I. There is established a wetlands council for the purpose of implementing the provisions of law conferring on the department authority to decide matters relative to resources of the state, including, but not limited to, excavating, dredging, and filling waters of the state. Appointees and officials shall have voting rights as members of the wetlands council; provided, however, that nothing in this section shall be construed as affecting other duties of the department with reference to dams, water levels, and administration of the department of environmental services. The wetlands council shall be composed of the following:

(a) The executive director of the department of fish and game or designee.

(b) The commissioner of transportation or designee.

(c) The commissioner of resources and economic development or designee.

(d) The director of the office of state planning or designee.

(e) The commissioner of the department of [environmental services or designee] agriculture, markets, and food, or designee.

(f) The commissioner of safety or designee.

(g) [Six] Seven members of the public appointed by the governor and council for a term of 3 years or until a successor is chosen. One of these shall be a member of a municipal conservation commission at the time of appointment, and be one of 3 nominees submitted by the New Hampshire Association of Conservation Commissions; one shall be a supervisor, associate supervisor, former associate supervisor, or former supervisor, of a conservation district at the time of appointment, and be one of 3 nominees submitted by the New Hampshire Association of Conservation Districts; one shall be an elected municipal official at the time of appointment, and be one of 3 nominees submitted by the New Hampshire Municipal Association; one shall be a natural resource scientist and be one of 3 nominees submitted by the New Hampshire Association of Natural Resource Scientists; one shall be a member of the [non-marine] construction industry [at the time of appointment, and be nominated by the governor] and be one of 3 nominees submitted by the Associated General Contractors of New Hampshire; one shall be a member of the marine [construction] industry [at the time of appointment and be nominated by the governor] and be one of 3 nominees submitted by the New Hampshire Marine Trades Association; and one shall have experience in environmental protection and resource management at the time of appointment and be one of 4 nominees submitted, 2 each, by the New Hampshire Audubon Society and the Society for the Protection of New Hampshire Forests. One member of the council shall be elected annually as chairperson by the members of the council.

II. The [6] 7 members appointed under subparagraph I(g) shall be entitled to expenses and $50 compensation per diem. The other members of the council shall receive no additional compensation for their service as members of the council, other than their regular salaries from their respective state departments, but shall receive mileage and other expenses paid at the rate set for state employees.

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

2002-3287s

AMENDED ANALYSIS

This bill changes the membership of the wetlands council.

Amendment adopted.

Ordered to third reading.

 

HB 1153, establishing a committee to study the jurisdiction of the board of manufactured housing, and relative to addressing the location of the records of the board of manufactured housing. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Francoeur for the committee.

Adopted.

Ordered to third reading.

HB 1220, relative to assisted living residences and housing for older persons. Executive Departments and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator Larsen for the committee.

2002-3170s

01/09

Amendment to HB 1220

Amend the introductory paragraph of RSA 161-J:2, III as inserted by section 1 of the bill by replacing it with the following:

III. "Housing for older persons" means housing which provides or holds itself out as providing on-site personal assistance services over and above service coordination which is:

Amend RSA 161-J:4, II(j) as inserted by section 1 of the bill by replacing it with the following:

(j) Include as a cover sheet a standard disclosure summary in the form set forth in RSA 161-J:5, using a minimum type size of 14 point.

Amend the bill by replacing section 2 with the following:

2 Applicability. The form required to be adopted by rule under RSA 161-J:5 shall be completed upon the effective date of this act.

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

Amendment adopted.

Ordered to third reading.

 

HB 1310, relative to the city of Manchester's contributory retirement system. Executive Departments and Administration Committee. Vote 3-0. Ought to Pass, Senator O'Neil for the committee.

Adopted.

Ordered to third reading.

 

HCR 21, urging the state attorneys general and the Federal Trade Commission to enforce the Telemarketing Sales Rule and urging Congress to adopt the Know Your Caller Act of 2001. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Prescott for the committee.

Adopted.

Ordered to third reading.

 

HB 1225, relative to disclosure of referral restrictions. Insurance Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

Adopted.

Ordered to third reading.

 

HB 1104, establishing the Danny Carswell Memorial Patrol Shed in the town of Merrimack. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

Adopted.

Ordered to third reading.

HB 1435, extending the reporting dates of certain study committees. Internal Affairs Committee. Vote 2-0. Ought to Pass, Senator Wheeler for the committee.

Adopted.

Ordered to third reading.

 

HB 1133, regulating intrastate fresh pursuit. Judiciary Committee. Vote 3-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Ordered to third reading.

 

HB 1201, relative to charitable trust customer data. Judiciary Committee. Vote 3-0. Ought to Pass, Senator Fernald for the committee.

Adopted.

Ordered to third reading.

 

HB 1285, relative to the applicability of the stalking statute to minors. Judiciary Committee. Vote 3-0. Ought to Pass, Senator Pignatelli for the committee.

Adopted.

Ordered to third reading.

 

HB 392, relative to a property tax exemption for property of agricultural fairs. Public Affairs Committee. Vote 3-1. Inexpedient to Legislate, Senator Barnes for the committee.

Committee report of inexpedient to legislate is adopted.

 

HB 522-L, establishing discretionary preservation easements for preserving historic agricultural structures. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Disnard for the committee.

2002-3202s

08/01

Amendment to HB 522-LOCAL

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

AN ACT establishing discretionary preservation easements for preserving historic agricultural structures, and changing the disposition of unused interest from the land conservation investment program.

Amend RSA 79-D:4, II as inserted by section 1 of the bill by replacing it with the following:

II. No owner of an historic agricultural structure shall be entitled to have a particular structure classified for any tax year under the provisions of this chapter unless the owner has applied to the governing body on or before April 15 of the tax year on a form provided by the commissioner of the department of revenue administration. Such application shall include a map showing the location of the structure to be subject to the discretionary preservation easement, and a description of how the property meets the tests of public benefit in RSA 79-D:3.

Amend RSA 79-D:5, I as inserted by section 1 of the bill by replacing it with the following:

I. If, after a duly noticed public hearing, the governing body finds that the proposed preservation of such historic agricultural structure is consistent with the purposes of this chapter, it may take steps to acquire a discretionary preservation easement as provided in this chapter. In exercising its discretion, the local governing body may weigh the public benefit to be obtained versus the tax revenue to be lost if such an easement is granted. The governing body shall have no more than 60 days to act upon the application.

Amend RSA 79-D:5, III as inserted by section 1 of the bill by replacing it with the following:

III. The easement shall be a burden upon the property and shall bind all transferees and assignees of such property. An easement granted pursuant to this subdivision shall not be assigned, transferred, or released by the municipality without the consent of the owner, except as provided in RSA 79-D:8.

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

2 Land Conservation Investment Program; Monitoring Endowment. Amend RSA 162-C:8, III to read as follows:

III. Any interest earned on the endowment principal which is not used for the purposes set forth in this subdivision and RSA 227-M:12 within the fiscal year in which it is earned shall be [added to the principal amount] nonlapsing. The state treasurer is authorized to accept gifts, donations, and grants, including federal gifts, donations, and grants, for the purposes set forth in this chapter, and such gifts, donations and grants shall be added to the principal amount.

2002-3202s

AMENDED ANALYSIS

This bill allows a property owner to convey a discretionary preservation easement of an historic agricultural structure which provides one or more demonstrated public benefits to the municipality in which the structure is located. The bill contains special taxation provisions for historic agricultural structures subject to a discretionary preservation easement.

This bill also changes the disposition of unused interest from the land conservation investment program.

 

 

Amendment adopted.

Ordered to third reading.

 

HB 673, relative to a net asset qualification for the elderly property tax exemption for married persons. Public Affairs Committee. Vote 2-0. Ought to pass with amendment, Senator O'Neil for the committee.

2002-3261s

10/04

Amendment to HB 673

Amend RSA 72:39-a, I as inserted by section 2 of the bill by replacing it with the following:

(c) Owns net assets not in excess of the amount determined by the city or town for purposes of RSA 72:39-b, excluding the value of the person’s actual residence and the land upon which it is located up to the greater of 2 acres or the minimum single family residential lot size specified in the local zoning ordinance. The amount determined by the city or town shall not be less than $35,000. A city or town may set a combined net assets amount for married persons in such greater amount as the legislative body of the city or town may determine. "Net assets" means the value of all assets, tangible and intangible, minus the value of any good faith encumbrances. "Residence" means the housing unit, and related structures such as an unattached garage or woodshed, which is the person’s principal home, and which the person in good faith regards as home to the exclusion of any other places where the person may temporarily live. "Residence" shall exclude attached dwelling units and unattached structures used or intended for commercial or other nonresidential purposes.

Amendment adopted.

Ordered to third reading.

 

HB 701, relative to municipal limitation of renewable energy systems. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Francoeur for the committee.

Adopted.

Ordered to third reading.

 

HB 1121, relative to capital improvement committees. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator O'Neil for the committee.

 

2002-3165s

06/10

Amendment to HB 1121

Amend the bill by replacing section 1 with the following:

1 Capital Improvement Program Committee Authorized. Amend RSA 674:5 to read as follows:

674:5 Authorization. In a municipality where the planning board has adopted a master plan, the local legislative body may authorize the planning board to prepare and amend a recommended program of municipal capital improvement projects projected over a period of at least 6 years. As an alternative, the legislative body may authorize the governing body of a municipality to appoint a capital improvement program committee, which shall include at least one member of the planning board and may include but not be limited to other members of the planning board, the budget committee, or the town or city governing body, to prepare and amend a recommended program of municipal capital improvement projects projected over a period of at least 6 years. The capital improvements program may encompass major projects being currently undertaken or future projects to be undertaken with federal, state, county and other public funds. The sole purpose and effect of the capital improvements program shall be to aid the mayor or selectmen and the budget committee in their consideration of the annual budget.

Amendment adopted.

Ordered to third reading.

 

HB 1215, relative to county delegations. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Barnes for the committee.

Adopted.

Ordered to third reading.

 

HB 1247, establishing a study committee to review the impact on revenue flows to municipalities from lands being bought by federal, state, and other public agencies from private entities for conservation purposes. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Disnard for the committee.

Adopted.

Ordered to third reading.

 

HB 1254, relative to the budget preparation procedures of municipalities. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Gatsas for the committee.

Adopted.

Ordered to third reading.

HB 1314, requiring candidates for speaker of the house of representatives to file certain reports and register as political committees. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Disnard for the committee.

2002-3156s

03/09

Amendment to HB 1314

Amend the bill by replacing section 3 with the following:

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

Amendment adopted.

Ordered to third reading.

 

HB 1415, relative to removing certain extensions for abatement decisions, replies and appeals in a year of property revaluation. Public Affairs Committee. Vote 3-0

Ought to Pass, Senator Disnard for the committee.

Adopted.

 

Senator Barnes moved to have HB 1415, relative to removing certain extensions for abatement decisions, replies and appeals in a year of property revaluation, laid on the table.

Adopted.

LAID ON THE TABLE

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

 

HB 1107, establishing a committee to study the telephone policies for juveniles under the care of the department of youth development services. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to Pass, Senator McCarley for the committee.

Adopted.

Ordered to third reading.

HB 1109, establishing a commission to study problems related to the delivery of local assistance. Public Institutions, Health and Human Services Committee. Vote 3-1. Ought to pass with amendment, Senator O'Hearn for the committee.

2002-3153s

05/10

Amendment to HB 1109

Amend section 2 of the bill by replacing subparagraph I(k) with the following:

(k) One representative of the New Hampshire Community Action Program, appointed by that organization.

Amend the bill by replacing section 5 with the following:

5 Report. The commission 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, 2003.

Amendment adopted.

Ordered to third reading.

 

HB 1139, allowing the governor to enter into reciprocal international child support agreements. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to pass with amendment, Senator Wheeler for the committee.

2002-3208s

05/09

Amendment to HB 1139

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

AN ACT relative to international reciprocal child support agreements.

Amend the bill by replacing section 1 with the following:

1 New Paragraph; Support of Dependent Children; International Reciprocal Child Support Agreements. Amend RSA 161-B:3 by inserting after paragraph V the following new paragraph:

VI. Consistent with federal law and any international treaty or convention to which the United States is a party and that has been ratified by the United States Congress, the commissioner may, on approval by and with the cooperation of the governor, pursue negotiations and enter into reciprocal agreements with a foreign country or a political subdivision of a foreign country to establish and enforce child support obligations. As a prerequisite to entering into a reciprocal agreement with this state, the foreign country or political subdivision shall have enacted laws or established procedures for the issuance and enforcement of support orders that are substantially similar to fundamental due process rights afforded to the citizens of this state, including personal and subject matter jurisdiction, notice, and an opportunity to be heard.

2002-3208s

AMENDED ANALYSIS

This bill allows the commissioner of the department of health and human services, with the approval and cooperation of the governor, to enter into reciprocal child support agreements with foreign countries that provide similar due process rights to those afforded to the citizens of this state.

This bill was requested by the department of health and human services.

Amendment adopted.

Ordered to third reading.

 

HB 1182, establishing a committee to study the development of home and community-based long term supports for the elderly and adults with disabilities. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

Adopted.

Ordered to third reading.

 

TAKEN OFF THE TABLE

Senator Cohen moved to have HB 1172, relative to the adoption of rules for certain wetland permits, taken off the table.

Adopted.

Senator Cohen withdrew his earlier floor amendment (#3321)

Senator Francoeur offered a floor amendment.

2002-3283s

06/09

Floor Amendment to HB 1172

Amend the bill by replacing section 4 with the following:

4 Special Permit Docks; Department of Safety.

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 shall 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 any other reasonable fees to be charged for filing applications for special permits under this subdivision.

Floor amendment adopted.

Question is on ordering to third reading.

A roll call was requested by Senator Francoeur.

Seconded by Senator Barnes.

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

The following Senators voted No: Gordon, Fernald, Wheeler.

Yeas: 20 - Nays: 3

Adopted.

Ordered to third reading.

 

HB 1251, relative to the use of mercury amalgam fillings by dentists. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to pass with amendment, Senator Wheeler for the committee.

2002-3207s

10/01

Amendment to HB 1251

Amend RSA 317-A:38 as inserted by section 1 of the bill by replacing it with the following:

317-A:38 Mercury Amalgam; Information. A dentist shall present patients having dental restorative procedures with a standardized pamphlet developed by the board in consultation with the department of health and human services regarding the risks and benefits of dental materials, including mercury amalgam, and shall discuss with the patient the choices of restorative dental materials prior to their use.

Amend the bill by replacing sections 3 and 4 with the following:

3 New Paragraph; Environmental Services; Mercury Amalgams. Amend RSA 485-A:4 by inserting after paragraph XvII the following new paragraph:

XVIII. To establish rules for the use in dental offices of environmentally appropriate separator equipment and practices for amalgam waste to trap, remove, and recycle, mercury, and for the use of amalgam substitutes where feasible.

4 New Paragraph; Rulemaking. Amend RSA 485-A:6 by inserting after paragraph XII the following new paragraph:

XIII. The disposal of dental office waste under RSA 485-A:4, XVIII.

2002-3207s

AMENDED ANALYSIS

This bill requires dentists and the department of health and human services to provide information on restorative dental materials, and requires the department of environmental services to adopt rules for the disposal of mercury amalgam waste in an environmentally-appropriate manner.

Amendment adopted.

Senator Johnson offered a floor amendment.

2002-3371s

10/03

Floor Amendment to HB 1251

Amend RSA 485-A:4, XVIII as inserted by section 3 of the bill by replacing it with the following:

XVIII. To establish rules for dental offices relative to the use of environmentally appropriate disposal equipment for amalgam waste to trap and dispose of mercury.

Senator Boyce moved to have HB 1251, relative to the use of mercury amalgam fillings by dentists, laid on the table.

LAID ON THE TABLE

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

 

HCR 28, urging increased federal funding for quality breast cancer research. Public Institutions, Health and Human Services Committee. Vote 4-1. Ought to pass with amendment, Senator Wheeler for the committee.

2002-3211s

01/09

Amendment to HCR 28

Amend the resolution by replacing the third paragraph after the resolving clause with the following:

Guaranteeing access to quality breast cancer early detection and treatment for all women; and

Amendment adopted.

Ordered to third reading.

 

HB 1148, naming the state office complex on Hazen Drive in the city of Concord the Meldrim Thomson State Office Complex and naming New Hampshire route 25A from Wentworth to Orford the Governor Meldrim Thomson Scenic Highway. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-3105s

04/03

Amendment to HB 1148

Amend the bill by replacing section 3 with the following:

3 Signage. The design, construction, and installation of any signage or other markers required under this act shall be approved by the department of transportation.

Amendment adopted.

Senator Larsen offered a floor amendment.

2002-3171s

04//10

Floor Amendment to HB 1148

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

AN ACT naming the state office complex on Hazen Drive in the city of Concord the Meldrim Thomson State Office Complex, naming New Hampshire route 25A from Wentworth to Orford the Governor Meldrim Thomson Scenic Highway, and naming a portion of the New Hampshire hospital campus in the city of Concord as the Hugh Gallen State Office Complex.

Amend the bill by inserting after section 2 the following and renumbering the original sections 3-4 to read as 4-5, respectively:

3 Hugh Gallen State Office Complex. The portion of the New Hampshire state hospital campus which has been converted to offices located on Pleasant Street in the city of Concord and is currently known as the "state office park south" is hereby named the Hugh Gallen State Office Complex in honor of former governor Hugh Gallen. A suitable marker may be erected or placed at the site.

Amend the bill by replacing section 4 with the following:

4 Signage. The cost of design, construction, maintenance, and installation of any signage, replacement signage, or other markers required under sections 1-3 of this act shall not be a charge to the state. However, the design, construction, and installation of any signage or other markers required under sections 1-3 of this act shall be approved by the department of transportation.

2002-3171s

AMENDED ANALYSIS

This bill:

I. Names the state office complex on Hazen Drive in the city of Concord the Meldrim Thomson State Office Complex.

II. Names New Hampshire route 25A from Wentworth to Orford the Governor Meldrim Thomson Scenic Highway in honor of former governor Meldrim Thomson.

III. Names a portion of the New Hampshire hospital campus in the city of Concord which has been converted to offices and is known as "state office park south" as the Hugh Gallen State Office Complex.

 

Senator Flanders moved to have HB 1148, naming the state office complex on Hazen Drive in the city of Concord the Meldrim Thomson State Office Complex and naming New Hampshire route 25A from Wentworth to Orford the Governor Meldrim Thomson Scenic Highway, laid on the table.

Adopted.

LAID ON THE TABLE

HB 1148, naming the state office complex on Hazen Drive in the city of Concord the Meldrim Thomson State Office Complex and naming New Hampshire route 25A from Wentworth to Orford the Governor Meldrim Thomson Scenic Highway.

 

TAKEN OFF THE TABLE

Senator Johnson moved to have HB 1251, relative to the use of mercury amalgam fillings by dentists, taken off the table.

Adopted.

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

Question is on the floor amendment (#3371).

Floor amendment adopted.

Ordered to third reading.

Senators Barnes, Francoeur and Hollingworth are in opposition to HB 1251.

 

HB 1164, renaming Hill's Bridge in the town of Lee as the Captain Reuben Hill Bridge. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2002-3109s

04/09

Amendment to HB 1164

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

AN ACT renaming Hill’s Bridge in the town of Lee as the Captain Reuben Hill Bridge and naming the bridge over the Connecticut River between Woodsville, New Hampshire and Wells River, Vermont the New Hampshire/Vermont Veterans Memorial Bridge.

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

3 The New Hampshire/Vermont Veterans Memorial Bridge. Pursuant to RSA 4:43, the renovated arch bridge over the Connecticut River between Woodsville, New Hampshire and Wells River, Vermont shall be named the New Hampshire/Vermont Veterans Memorial Bridge. A suitable marker may be placed on the New Hampshire side of the bridge.

4 Signage. The cost of design, construction, maintenance, and installation of any signage, replacement signage, or other markers resulting from this act shall not be a charge to the state.

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

2002-3109s

AMENDED ANALYSIS

This bill renames Hill’s Bridge in the town of Lee as the Captain Reuben Hill Bridge. It also directs the commissioner of the department of transportation to erect a historic marker at the site of the Captain Reuben Hill Bridge. The bill also names the bridge over the Connecticut River between Woodsville, New Hampshire and Wells River, Vermont the New Hampshire/Vermont Veterans Memorial Bridge.

Amendment adopted.

Ordered to third reading.

 

HB 1442, relative to eligibility for special number plates for former prisoners of war. Transportation Committee. Vote 5-0. Ought to Pass, Senator Flanders for the committee.

Adopted.

Ordered to third reading.

 

HB 1166, relative to alcoholic product advertising. Ways and Means Committee. Vote 4-0. Ought to Pass, Senator D'Allesandro for the committee.

Adopted.

Ordered to third reading.

 

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 Thursday, April 11, 2002 at 10:15 a.m.

Adopted.

LATE SESSION

Third Reading and Final Passage

HB 209-FN, relative to original and youth operators' licenses.

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

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

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

HB 701, relative to municipal limitation of renewable energy systems.

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

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

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

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

HB 1121, relative to capital improvement committees.

HB 1133, regulating intrastate fresh pursuit.

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

HB 1151, establishing a commission to examine and assess the status of civic education in New Hampshire.

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

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

HB 1166, relative to alcoholic product advertising.

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

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

 

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

HB 1201, relative to charitable trust customer data.

HB 1215, relative to county delegations.

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

HB 1225, relative to disclosure of referral restrictions.

 

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

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

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

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

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

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

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

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

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

HB 1422, establishing certain positions in the insurance department.

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

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

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

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

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

 

 

 

In recess.