June 17, 1999

No. 40

HB 64, relative to changes of registration for undeclared voters.

HB 112-FN-A, increasing the tobacco tax and imposing the tax on all types of tobacco products.

HB 294, relative to state aid to municipalities for closure of certain municipal incinerators.

HB 295, relative to alternative kindergarten programs in cooperative school districts.

HB 375, relative to substitutions for disqualified and deceased candidates.

HB 448, relative to the board of dental examiners and the regulation of dentists and dental hygienists.

HB 562, relative to the date of decision for appeals of zoning matters.

HJR 1, requesting that the federal government prohibit the U.S. Fish and Wildlife Service or other federal agency from introducing wolf populations to the northeastern United States, especially New Hampshire.

Ought to pass with amendment, Senator Russman for the committee.

HB 263, repealing the Northern New England Low-Level Radioactive Waste Management Compact. Vote 8-0

Ought to Pass, Senator D'Allesandro for the committee.

HB 291, establishing a study committee for seed sterilization technology or "terminator" technology.

MINORITY REPORT: Ought to Pass, Senator Johnson for the committee. Vote 2-6

MINORITY REPORT: Ought to pass with amendment, Senator Cohen for the committee. Vote 6-2

HB 379, setting up a study committee to study issues pertaining to the Sullivan county regional refuse disposal district. Vote 8-0

Ought to Pass, Senator D'Allesandro for the committee.

HB 410, relative to enforcement authority of the department of environmental services. Vote 8-0

Ought to Pass, Senator Johnson for the committee.

HB 421, relative to penalty provisions for the law regarding control of marine pollution, exotic aquatic weeds and other aquatic growth. Vote 8-0

Ought to Pass, Senator Pignatelli for the committee.

HB 546, providing partial funding to support research monitoring groundwater at reclamation sites that have had sludge applied.

SPLIT REPORT: Ought to pass with amendment, Senator Russman for the committee. Vote 4-4

SPLIT REPORT: Ought to Pass, Senator Krueger for the committee. Vote 4-4

HB 596, making technical corrections to certain laws administered by the department of revenue administration and extending the temporary tax rate of the communications services tax through the biennium ending June 30, 2001.

MINORITY REPORT: Ought to Pass, Senator D'Allesandro for the committee. Vote 3-5

MAJORITY REPORT: Ought to pass with amendment, Senator Below for the committee. Vote 5-3

HJR 7, supporting the continued management of the White Mountain National Forest for multiple uses as a part of the National Forest System. Vote 4-0

Ought to Pass, Senator Krueger for the committee.

HB 225, relative to the definitions of the terms "farm," "agriculture," and "farming." Vote 5-0

Ought to Pass, Senator Disnard for the committee.

HB 364, relative to expenditure of funds received from the United States on account of national forest lands in this state. Vote 4-0

Ought to Pass, Senator Wheeler for the committee.

HB 574-FN-A, establishing a fisheries habitat fee required for persons obtaining a fishing license and continually appropriating the funds for fisheries habitats. Vote 4-0

Ought to Pass, Senator Disnard for the committee.

Environment

June 17, 1999

1999-1684s

08/09

Amend the resolution by replacing all after the title with the following:

Whereas, the federal Clean Air Act has in the past allocated pollution allowances, which are items of commercial value, to pollution sources based on emissions existing on arbitrary baseline dates, where higher emissions equated to being granted more allowances; and

Whereas, such a policy has rewarded dirtier operators by allocating to them more allowances than their cleaner competitors, and further, has unfairly served to punish operators who have happened to install expensive air pollution controls shortly before the baseline dates; and

Whereas, these past actions have made it more difficult to encourage polluters to reduce emissions prior to regulatory deadlines; now, therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That future federal air pollution legislation should avoid using baseline pollution as a basis for allocation of allowances or other items of commercial value, or any future reduction requirements;

That to the extent that the federal government chooses to continue to use baseline emissions to determine allowance allocation and future reduction requirements, either to individual polluters or to states, that it choose a baseline date far enough in the past in order that recently-improved sources are not placed at a competitive disadvantage against dirtier competitors that have not made such investments and have smaller capital and operating costs as a result; and

That such care with baselines be used not only for sulfur dioxide and nitrogen oxide emissions, but also for any other emissions which the federal government may subsequently choose to control with allowance-based mechanisms; and

That copies of this resolution be sent by the house clerk to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the chairpersons of committees of the United States Congress having jurisdiction over the Clean Air Act, the Administrator of the United States Environmental Protection Agency, and each member of the New Hampshire congressional delegation.

1999-1684s

AMENDED ANALYSIS

This house joint resolution urges that:

I. Future air pollution legislation not use baseline pollution as a basis for allowance allocation or any future reduction requirements.

II. Failing this, any baseline date chosen be far enough in the past so that recently-improved sources not be at a competitive disadvantage.

III. Care be used with baselines adopted for emissions besides sulfur dioxide and nitrogen dioxide that the federal government chooses to control with allowance-based mechanisms.

Environment

June 17, 1999

1999-1680s

08/09

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

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

1 New Subdivision; Terminator Crops. Amend RSA 433 by inserting after section 36 the following new subdivision:

Terminator Crops

433:37 Definition. "Terminator crops" mean those plants or seeds that have been genetically engineered so that the seeds produced by the mature plant will be sterile, or may be rendered sterile upon application of an external stimulus.

433:38 Prohibitions. It is unlawful for any person:

I. To sell, offer for sale, expose for sale, or transport for sale within this state any terminator crop, as defined in RSA 433:37.

II. To plant or sow within this state any terminator crop, as defined in RSA 433:37.

433:39 Rulemaking. The commissioner of agriculture is hereby authorized to adopt all necessary rules under RSA 541-A, in order to carry out the provisions of this subdivision.

433:40 Penalties. Any person who violates any prohibition under RSA 433:38 shall be guilty of a violation if a natural person or guilty of a felony if any other person.

433:41 Report. The commissioner of agriculture shall complete an annual report on any recent developments in the field of genetically-engineered plant life. The commissioner may use any appropriate department personnel and resources for completing the report as the commissioner deems necessary. Such annual report shall be provided to the state library, the governor, the speaker of the house of representatives, the senate president, and the chairs of the house and senate committees relating to agriculture and the environment, on or before November 1 of each year.

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

1999-1680s

AMENDED ANALYSIS

This bill:

I. Prohibits the sale or planting of "terminator crops", meaning those plants or seeds that have been genetically engineered so that the seeds produced by the mature plant will be sterile, or may be rendered sterile upon application of an external stimulus. A violator of these prohibitions shall be guilty of a violation if a natural person or a felony if any other person.

II. Requires the commissioner of agriculture to complete an annual report on recent developments in the field of genetically-engineered plant life.

Environment

June 17, 1999

1999-1683s

08/09

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

AN ACT providing partial funding to support research monitoring groundwater at reclamation sites that have had sludge applied, and providing funding to support a pilot program for studying the use of vegetation cover on spent gravel pits.

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

1 Findings. The general court recognizes there is an ongoing scientific debate about the environmental hazards associated with using sewage sludge and industrial paper mill sludge at reclamation sights. The general court recognizes that alternatives exist to creating vegetative covers at reclamation sights that do not require the use of sludges or topsoil. The general court further recognizes that aquifers are located under gravel pits at reclamation sights, and that such aquifers are an important source of drinking water for New Hampshire communities. The general court therefore authorizes the university of New Hampshire to conduct research on the impacts to groundwater at reclamation sights from the application of sewage sludge and industrial paper mill sludge, and to conduct research on gravel pit reclamation that does not require the use of sludges.

2 Research Authorized.

I.(a) The university of New Hampshire office of sponsored research shall conduct research on groundwater at gravel pit sites that have been treated with a mixture of sand, sewage sludge, and industrial paper mill sludge. This research shall include testing for dioxins, toxic organics, heavy metals, surfacants, and nitrates leaching into groundwater. In addition to the annual reports required under section 6 of this act, the office of sponsored research shall continue to monitor soil and water for evidence of leaching of heavy metals for 10 years after the initial application of sludges at the gravel pit sites used in the study.

(b) If gravel pits that have not previously been treated with sand, sewage sludge, and industrial paper mill sludge are added to this research study, testing shall be done during the first year during the stockpiling, mixing, and spreading phase as well as during the first few months after application when vegetation is not yet established.

II. The university of New Hampshire office of sponsored research shall conduct a pilot program designed to study what vegetative cover can be successfully grown on the sandy soil in spent gravel pits for reclamation purposes as an alternative to the use of topsoil and sludges. The pilot program shall focus on using organic plants such as cranberries and high bush blueberries, pine trees, and other conifers. The pilot program shall also focus on the income-producing options that such vegetative cover would provide.

3 State Support of Research; Source of Funds. The commissioner of the department of environmental services shall provide funds, notwithstanding RSA 485-A:4, XVI-c, from the sampling and analysis of sludge or biosolids samples fund totaling $40,000, for the fiscal year ending June 30, 1999, to the university of New Hampshire office of sponsored research for the purposes of section 2 of this act. Of such funds $20,000 shall be used for the research specified in paragraph I of section 2 of this act, and $20,000 of such funds shall be used for the pilot program established in paragraph II of section 2 of this act.

4 Transfer of Appropriation. The sum of $40,000, from available funds appropriated for state aid grants by 1997, 350:1, PAU 03-04-02-01-04, for fiscal year 1999, shall be transferred to the sampling and analysis of sludge or biosolids samples fund established by RSA 485-A:4, XVI-c, provided all eligible municipalities have received such state aid grants.

5 Application of Receipts; Sampling and Analysis of Sludge or Biosolids Samples Fund; Reference Corrected. Amend RSA 6:12, I(ttt) to read as follows:

(ttt) Money received under RSA [485-A:4, XVI-b] 485-A:4, XVI-c, which shall be deposited in the sampling and analysis of sludge or biosolids samples fund.

6 Annual Reports. The university of New Hampshire office of sponsored research shall submit annual reports on the research for the years ending June 30, 2000 and 2001 to the speaker of the house, the president of the senate, the governor, the chair of the house committee on environment and agriculture, the chair of the house resources, recreation and development committee, the commissioner of agriculture, markets, and food, and the commissioner of environmental services.

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

1999-1683s

AMENDED ANALYSIS

This bill provides funding to support research monitoring groundwater at reclamation sites that have had sludge applied.

This bill also provides funding to support a pilot program, established by this bill, for studying the use of vegetation cover on reclamation sites that does not require the use of topsoil or sludge.

Ways and Means

June 15, 1999

1999-1618s

09/10

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

AN ACT making technical corrections to certain laws administered by the department of revenue administration, making the temporary rate of the meals and rooms tax permanent, and extending the temporary tax rate of the communications services tax through the biennium ending June 30, 2001.

Amend the bill by replacing section 7 with the following:

7 Temporary Rate of Meals and Rooms Tax Made Permanent. RSA 78-A:6, I and II are repealed and reenacted to read as follows:

I. A tax of 8 percent of the rent is imposed upon each occupancy.

II. A tax is imposed on taxable meals based upon the charge therefor as follows:

(a) Three cents for a charge between $.36 and $.37 inclusive;

(b) Four cents for a charge between $.38 and $.50 inclusive;

(c) Five cents for a charge between $.51 and $.62 inclusive;

(d) Six cents for a charge between $.63 and $.75 inclusive;

(e) Seven cents for a charge between $.76 and $.87 inclusive;

(f) Eight cents for a charge between $.88 and $1.00 inclusive;

(g) Eight percent of the charge for taxable meals over $1.00, provided that fractions of cents shall be rounded up to the next whole cent.

1999-1618s

AMENDED ANALYSIS

This bill makes technical corrections to certain laws administered by the department of revenue administration. This bill extends the temporary tax rate of the communications services tax through the biennium ending June 30, 2001. The bill makes permanent the current temporary rate of the meals and rooms tax.

HB 67, relative to termination of parental rights upon a finding of either child abuse or the commission of certain criminal offenses.

Senate Conferees: Senators Pignatelli, Fernald, Squires

House Conferees: Representatives R. Lyman, I. Pratt, D. Bickford, E. Moran

SB 30, relative to the cruelty to animals law.

Senate Conferees: Senators Wheeler, Trombly, Disnard

House Conferees: Representatives E. Weare, R. Fesh, W. Mikowlski, Welch

SB 101, relative to landlord-tenant obligations.

Senate Conferees: Senators Trombly, Disnard, Russman

House Conferees: Representatives P. Bergin, J. Craig, J. Wall, P. Woods

SB 124, establishing a committee to study the integration of technology at the state and municipal level.

Senate Conferees: Senators D'Allesandro, McCarley, Klemm

House Conferees: Representatives H. Lynde, L. Bergeron, L. Guay, R. Maxfield

SB 204, establishing the New Hampshire excellence in higher education endowment trust fund.

Senate Conferees: Senators Larsen, Gordon, Cohen

House Conferees: Representatives E. Hoadley, J. Alger, P. Davis, C. Snyder

FINANCE, Room 103, SH

9:00 a.m. Proposed Amendment (Senate Budget)

JOINT COMMITTEE ON ADDRESS, Room 208, LOB

11:00 a.m. Regular Meeting on HA1, For The Removal Of David C. Brock, Chief Justice Of The New Hampshire Supreme Court, From His Said Office.

INSURANCE, Room 103, SH

8:30 a.m. EXECUTIVE SESSION ON ALL PENDING LEGISLATION

INTERNAL AFFAIRS, Room 103, LOB

1:30 p.m. HB 301, relative to burials and funerals at the New Hampshire state veterans cemetery.

PUBLIC INSTITUTIONS, HEALTH AND HUMAN SERVICES, Room 102, LOB

1:00 p.m. HB 657, relative to the health services planning and review board and the certificate of need process.

2:00 p.m. HB 545-FN, establishing a committee to study ambulatory surgical facilities.

2:40 p.m. HB 640-FN, relative to grievance procedures of managed care organizations.

ENERGY & ECONOMIC DEVELOPMENT, Room 105A, SH

2:45 p.m. HB 464, relative to electric rate reduction financing.

3:15 p.m. HB 314, relative to the escrowing of certain utility payments.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. HB 665, relative to the New Hampshire emergency management compact with other jurisdictions.

TRANSPORTATION, Room 104, LOB

3:00 p.m. HB 449-FN, requiring boating safety education.

3:15 p.m. HB 676-FN-A, increasing fees for motor vehicle inspection stickers and establishing motor vehicle inspector positions and making an appropriation therefor.

3:30 p.m. HB 331, relative to voiding warranties on leased or purchased motor vehicles where any additional equipment is installed after leaving the factory, and creating penalties for failure to disclose this information to consumers.

BANKS, Room 103, LOB

9:00 a.m. HCR 7, urging the federal government not to adopt rules requiring financial institutions to monitor their customers' banking habits.

JUDICIARY, Room 102, LOB

10:15 a.m. HB 94, relative to enforcement of the child passenger restraint law.

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. HB 399, allowing the secretary of state to have flexibility in moving the date of New Hampshire's presidential primary and changing the filing period for declarations of candidacy for candidates for president and vice-president at the presidential primary.

1:30 p.m. HB 252, establishing a committee to study all aspects of the condominium act established under RSA 356-B.

ENVIRONMENT, Room 104, LOB

2:00 p.m. HCR 11, urging Congress and the Internal Revenue Service to modify tax laws to broaden the ability of taxpayers to make tax-deductible contributions to Nuclear Decommissioning Reserve Funds.

FINANCE, Room 103, SH

9:00 a.m. HB 608-FN-A, establishing a New Hampshire emergency management response and recovery fund and making an appropriation therefor.

9:30 a.m. HB 738-FN, making an appropriation to the department of administrative services for the purpose of reimbursing counties for providing prisoner custody in courthouses.

10:00 a.m. HB 666-FN-A-L, relative to the taxation of sand, gravel, loam, and other similar substances.

10: 30 a.m. HB 684, making adjustments to the fiscal year 1999 budget for the department of health and human services.

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

PUBLIC HIGHER EDUCATION STUDY COMMITTEE (RSA 187-A:28-a) Room 207, LOB

12:00-2:00 Regular Meeting (committee will be taking input form legislators as to their concerns with public higher education in New Hampshire)

THE JOINT HEALTH COUNCIL NH Board of Nursing, Room 17, 78 Regional Drive, Building 2, Concord

4:00 p.m. Special Meeting

THE DEPARTMENT OF TRANSPORTATION East Concord Community Center, Eastman Street, East Concord

7:00 p.m. Public Informational Meeting Re: Construction Schedule & Landscaping

THE DEPARTMENT OF TRANSPORTATION Belmont Middle School, 38 School Street, Belmont

7:00 p.m. Public Informational Meeting

PERFORMANCE AUDIT & OVERSIGHT COMMITTEE (RSA 17-N:1) Room 103, SH

10:00 a.m. Organizational Meeting

THE DEPARTMENT OF TRANSPORTATION Meredith Police Department, conference Room, 347 Daniel Webster Highway, Meredith

7:00 p.m. Public Officials Meeting (US 3 Parade Road)

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

OIL FUND DISBURSEMENT BOARD (RSA 146-D:4) Room 305, LOB

9:30 a.m. Regular Meeting

DEVELOPMENTAL DISABILITY WAITLIST (RSA 171-A:1-b) Room 205, LOB

10:00 a.m. Regular Meeting

HERITAGE COLLECTIONS COMMITTEE (RSA 227-C:18) Room 103, SH

1:00 p.m. Regular Meeting

LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I:1) Room 103, SH

1:30 p.m. Joint Meeting

BOARD OF MANUFACTURED HOUSING (RSA 205-A:25,I) Room 201, LOB

1:00 p.m. Regular Meeting

THE DEPARTMENT OF TRANSPORTATION Plymouth regional Senior Center, 8 Depot Street, Plymouth

7:00 p.m. Public Hearing Holderness-Plymouth, Bridge Replacement NH 175A Over Pemigewasett River)

THE DEPARTMENT OF TRANSPORTATION UNH Elliot Alumni Center, The 1925 Room, Edgewood Road, Durham

7:00 p.m. Combined Public Officials/Public Informational Meeting

FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30a,l) Room 210-211, LOB

9:00 a.m. Regular Business

9:30 a.m. Audit: State of New Hampshire, Department of Education, Special Education Catastrophic Aid Program, Performance Audit Report July 1999)

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

NATURAL, CULTURAL & HISTORIC RESOURCE CONSERVATION COMMISSION (SB 493, Chapter 161, 1998) Room 308, LOB

1:00-4:00 Regular Meeting

THE DEPARTMENT OF TRANSPORTATION Exeter Office Building, Nowak Room, 10 Front Street, Exeter

7:00 p.m. Public Hearing (Exeter, Lincoln Street, Railroad Platform & Parking Area)

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

NATURAL, CULTURAL & HISTORIC RESOURCE CONSERVATION COMMISSION (SB 493, Chapter 161, 1998) Room 308, LOB

1:00-4:00 Regular Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

BOARD OF CLAIMS (RSA 541-B:3) Room 202, LOB

8:30-5:00 Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

NATURAL, CULTURAL & HISTORIC RESOURCE CONSERVATION COMMISSION (SB 493, Chapter 161, 1998) Room 308, LOB

1:00-4:00 Regular Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

The Office Of Legislative Services Has A Number Of Extra Copies Of Softbound Volumes Of 1997 Session Laws. They Will Be Available To House And Senate Members On A First Come, First Serve Basis, In Room 109 Of The State House.

Senator Clesson Blaisdell

Perinatal Alcohol, Tobacco And Other Drug Use Task Force Invites All Legislators To Attend A Special Informational Forum And Treatment Of Substance Use During Pregnancy. Presentations Will Include An Overview Of The Scope And Effects OF Alcohol, Tobacco And Other Drug (ATOD) Problems During Pregnancy And Approaches Necessary TO Assist Women Avoid, Reduce And Recover From Substance Dependence. Members Of The Task Force Will Lead A Discussion With Policy Makers Around New Hampshire's Current Perinatal Substance Use Problem. The Forum Will Take Place On Monday, June 21 At The Odyssey Family Center In Canterbury (a residential substance abuse treatment program for pregnant and parenting women and their children) From 10:00 a.m. To Noon. Refreshments Will Be Served, Followed By Tours Of The Odyssey Family Center. Come Learn About This Important Issue. For Further Information, Reservations And Directions, Please Call 1-800-852-3345, Extension 6108 Or 783-9104. Reservations Requested By Wednesday, June 16^th.

Senator Mary Brown

The Bill White Memorial 26^th Annual Legislative Golf Tournament Is Scheduled For Monday, June 21, 1999, At The White Mountain Country Club In Ashland, NH. The Entry Fee For This Annual Tourney Is $60.00 Per Person And Includes Greens Fee, Cart, Dinner And Prizes. A Shotgun Start Is Scheduled For 9:00 a.m. The Format Is "Captain And Crew." Sign-ups As A Foursome Or Sign-up By Yourself And Be Placed In A Foursome. A Maximum Of 120 Players Will Be Allowed. Please Return Your Entry And Payment No Later Than June 8^th To Sandy Wheeler At The LOB Lobby Desk. Please Make Checks Payable To Legislative Golf Tournament c/o David S. Saltmarsh.

Senator Clesson Blaisdell

New Hampshire Women's Forum (a non partisan political organization) Is Hosting Congressman Charles Bass At The Langdon Place Of Nashua, 319 East Dunstable Road, Nashua, On June 25^th At 7:00 p.m. Coffee And Desert Will Be Served.

Directions: Langdon Place Is Off Exit 1 Of The Everett Turnpike South. After Exit Take A Right And Langdon Place Of Nashua Is On The Left Past Sky Meadow.

Senator Gary Francoeur