February 01, 2000

No. 8

HB 228, clarifying permissible political expenditures.

SB 136-FN, allowing certain state employees to take paid leave to participate in disaster relief service work.

Inexpedient to Legislate, Senator Klemm for the committee.

SB 97, relative to testamentary trusts which are institutional funds. Vote 3-0

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

CACR 23, relating to the responsibility and authority of the general court to determine the content, extent, and funding of a public eduation. Providing that the general court shall have the exclusive authority to determine the content, extent, and funding of a public education and that the state may fulfill its responsibility to provide to all citizens the opportunity for a public education by exercising its power to levy assessments, rates, and taxes, or by delegating this power, in whole or part, to a political subdivision; provided that upon delegation, such assessments, rates, and taxes are proportional and reasonable throughout the state or the political subdivision in which they are imposed. Vote 5-4

Inexpedient to Legislate, Senator McCarley for the committee.

HB 311-FN-A, (New Title) relative to grants made under the New Hampshire incentive program. Vote 9-0

Inexpedient to Legislate, Senator McCarley for the committee.

HB 690-FN-L, (New Title) relative to charter schools and open enrollment districts. Vote 5-4

Ought to Pass, Senator Johnson for the committee.

SB 219-FN-L, establishing a procedure for providing educational improvement assistance to local school districts. Vote 5-3

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

HB 314, (New Title) relative to the escrowing of certain utility payments. Vote 3-0

Interim Study, Senator F. King for the committee.

SB 196-FN-L, relative to electric rate reduction financing. Vote 3-0

Interim Study, Senator Below for the committee.

HB 97, (New Title) relative to the right to farm. Vote 5-0

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

SB 132, requiring the removal of the telecommunications tower on Mount Kearsarge. Vote 5-0

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

SB 218-FN-L, regulating the land application of sewage sludge. Vote 3-2

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

HB 375, (New Title) relative to substitutions for disqualified and deceased candidates. Vote 6-0

Ought to Pass, Senator Trombly for the committee.

SB 226, relative to the real estate practice act and the powers and duties of the real estate commission. Vote 4-0

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

HB 542-FN-A, (2nd New Title) repealing the legacies and succession tax. Vote 3-3

Without Recommendation, Senator J. King for the committee.

HB 553-FN-A, (New Title) establishing a commission on the status of men. Vote 5-0

Ought to Pass, Senator Klemm for the committee.

SB 72, exempting certain portions of Seabrook Beach Village District and certain portions of Hampton Beach from certain provisions of the excavating, filling, and construction permit laws. Vote 5-0

Ought to Pass, Senator Fraser for the committee.

SB 181-FN, relative to the licensure of geologists. Vote 5-0

Ought to Pass, Senator Squires for the committee.

SB 203-FN-A-L, authorizing electronic games of chance at racetracks. Vote 3-3

Without Recommendation, Senator Klemm for the committee.

SB 206-FN-A-L, (New Title) establishing the tobacco use prevention fund and continually appropriating a special fund and relative to the health care fund. Vote 6-0

Ought to Pass, Senator Squires for the committee.

SB 210-FN-L, relative to payment by the state for certain court-ordered placements of special education students. Vote 3-3

Without Recommendation, Senator Below for the committee.

CACR 20, relating to the election of governor and senators. Providing that beginning with the 2002 general election, and every 4 years thereafter, the governor and senators shall be elected. Vote 3-2

Inexpedient to Legislate, Senator Klemm for the committee.

HB 113, affirming sovereign immunity as it relates to the Claremont ruling. Vote 5-1

Inexpedient to Legislate, Senator Fernald for the committee.

HB 360-FN, clarifying that any person convicted of a felony in this state is prohibited from owning or possessing firearms and other dangerous weapons. Vote 5-1

Inexpedient to Legislate, Senator Brown for the committee.

HB 470, relative to settlement of personal actions. Vote 6-0

Inexpedient to Legislate, Senator Wheeler for the committee.

HB 723-FN, relative to standby and emergency guardianship proxies. Vote 4-1

Interim Study, Senator Trombly for the committee.

SB 44-FN, relative to physician aid-in-dying for certain persons suffering from a terminal condition.

MINORITY REPORT: Inexpedient to Legislate, Senator Squires for the committee. Vote 3-4

MAJORITY REPORT: Ought to pass with amendment, Senator Wheeler for the committee. Vote 4-3

SB 66, relative to structured settlements. Vote 5-0

Inexpedient to Legislate, Senator Pignatelli for the committee.

SB 126, requiring approval of the superior court or, in the case of workers' compensation, the labor commissioner, as a precondition to transfer of any structured settlement payment rights. Vote 5-0

Inexpedient to Legislate, Senator Pignatelli for the committee.

SB 185, relative to property settlements in cases where certain domestic relationships have terminated. Vote 6-0

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

HB 640-FN, relative to grievance procedures of managed care organizations. Vote 4-0

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

SB 128, replacing the housing assistance fund trust fund with a homeless prevention fund. Vote 4-0

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

SB 225-FN, relative to a pharmaceutical program for low income individuals. Vote 4-0

Ought to Pass, Senator Squires for the committee.

SB 229-FN-L, relative to the supervision of juvenile delinquents on probation and parole and the operation and organization of the youth development center. Vote 5-0

Inexpedient to Legislate, Senator Squires for the committee.

HB 449-FN, requiring boating safety education. Vote 4-0

Ought to pass with amendment, Senator Gordon for the committee

HB 109-FN-A-L, establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor. Vote 8-0

Interim Study, Senator Below for the committee.

SB 127-FN-A-L, establishing a local property tax education homestead allowance against school taxes on residential real estate, establishing a fund to reimburse municipalities for such exemptions, and making an appropriation therefor. Vote 8-0

Interim Study, Senator Brown for the committee.

SB 313, establishing a commission to study the relationship between postsecondary education and recipients of temporary assistance to needy families. Vote 4-0

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

SB 319, relative to interstate school districts. Vote 6-0

Ought to Pass, Senator Gordon for the committee

SB 352, repealing the equipment challenge grant program within the New Hampshire community technical colleges. Vote 5-0

Ought to Pass, Senator Eaton for the committee

SB 392-FN, relative to the use of nonlapsed funds by the regional community-technical colleges. Vote 4-0

Ought to Pass, Senator Johnson for the committee.

SB 350, adding business development to the law governing industrial development authorities. Vote 5-0

Ought to Pass, Senator F. King for the committee.

SB 376, relative to the jurisdiction of the public utilities commission to determine consequential damages. Vote 6-0

Ought to Pass, Senator Below for the committee.

SB 331, requiring a report from the public utilities commission and the department of environmental services evaluating whether existing regulatory structures encourage or discourage regional cooperation for water resources management and water conservation. Vote 4-0

Ought to Pass, Senator Eaton for the committee

SB 340, extending the reporting date of the committee to study the problems and possible regulation of outdoor lighting. Vote 4-0

Ought to Pass, Senator Krueger for the committee.

SB 384, establishing a committee to study pretreatment programs for reducing pollutant levels in sewage sludge. Vote7-0

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

SB 401-FN-A-L, establishing the New Hampshire land and community heritage investment program and making an appropriation therefor. Vote 7-0

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

SB 434-FN-L, exempting the town of Tilton from hazardous waste cleanup fund fees associated with the removal of the municipal target range. Vote 6-0

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

SB 372, relative to certain engineering businesses. Vote 4-0

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

SB 443-FN, relative to veterinarian reimbursement for the animal population control program. Vote 6-0

Ought to Pass, Senator Roberge for the committee.

SB 351, making certain changes in the laws relative to fraternal benefit societies and health service corporations. Vote 7-0

Ought to Pass, Senator Fraser for the committee.

SB 368, relative to insurance fraud. Vote 7-0

Ought to Pass, Senator Francoeur for the committee.

SB 369, establishing a committee to conduct a study on the need for standards to protect health information privacy. Vote 4-0

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

SB 390-FN, relative to vested deferred retirement benefits for group II members. Vote 7-0

Ought to pass with amendment, Senator J. King for the committee.

SB 417-FN-L, allowing a beneficiary of an optional allowance under the New Hampshire retirement system to renounce his or her benefits. Vote 4-0

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

SB 410-FN-L, relative to payment for overtime by salaried employees. Vote 3-2

Inexpedient to Legislate, Senator Francoeur for the committee.

SB 304-L, relative to emergency meetings in towns and school districts. Vote 5-0

Inexpedient to Legislate, Senator Roberge for the committee.

SB 385-L, relative to fees for copies of checklists. Vote 4-1

Inexpedient to Legislate, Senator Eaton for the committee.

SB 402-FN, relative to employee reimbursement for work-related expenses. Vote 4-0

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

SB 407-FN-L, relative to dog licensure. Vote 3-0

Ought to Pass, Senator Roberge for the committee.

SB 341, extending the reporting date of the committee to study the licensure of radiographers and radiologic technologists. Vote 4-0

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

SB 342, extending the reporting date of the committee studying the impact of federal welfare reform on the cities and towns of New Hampshire. Vote 3-0

Ought to Pass, Senator Squires for the committee.

SB 357, extending the reporting date of the study committee reviewing field activities conducted by the department of health and human services in investigating reports of abuse and neglect. Vote 4-0

Ought to Pass, Senator Gordon for the committee

SB 314, establishing a committee to study the feasibility of driver education programs by correspondence school. Vote 5-0

Ought to Pass, Senator Gordon for the committee

SB 317, allowing driver education correspondence courses to be accepted and approved by the department of safety. Vote 5-0

Inexpedient to Legislate, Senator Gordon for the committee

SB 333, relative to signs for churches. Vote 2-0

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

SB 335, allowing physicians to make a report when a person is unfit to drive a motor vehicle. Vote 5-0

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

SB 348, extending the committee to study the establishment of a permit system for vessels registered in another state temporarily using the waters of New Hampshire. Vote 3-0

Ought to Pass, Senator Gordon for the committee.

SB 356, extending the committee to study and identify or establish the duties of the fish and game commission. Vote 5-0

Ought to Pass, Senator Trombly for the committee.

Banks

January 27, 2000

2000-3209s

09/10

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

AN ACT relative to charitable trusts which are institutional funds.

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

1 Management of Institutional Funds; Declaration of Purpose. Amend RSA 292-B:1 to read as follows:

292-B:1 Declaration of Purpose. It is hereby declared to be in the public interest and to be the policy of the state to promote, by all reasonable means, the maintenance and growth of eleemosynary institutions by encouraging them and those who manage one or more charitable trusts which are for the sole benefit of eleemosynary institutions or other charitable purposes to establish and continue investment policies, without artificial constraints, which will provide them with the means to meet the present and future needs of such eleemosynary institutions and charitable purposes pursuant to the provisions of this act. To this end it is hereby declared to be in the public interest and to be the policy of the state to encourage such institutions to adopt investment policies whose objective is to obtain the highest possible total rate of return consistent with the standard of prudence.

2 Definition of Institutional Fund. RSA 292-B:1-a, II is repealed and reenacted to read as follows:

II. "Institutional fund" means a fund held for or by an institution for its exclusive use, benefit, or purposes, and includes a fund held by a trustee for one or more institutions or other charitable purposes in which no beneficiary that is not an institution or charitable beneficiary has an interest, other than possible rights that could arise upon violation or failure of the purposes of the fund. The term "institutional fund" shall not include a fund held by a town or other municipality under RSA 31:19 or a fund created by a town or other municipality under RSA 31:19-a.

3 Definition of Endowment Fund. Amend RSA 292-B:1-a, III is repealed and reenacted to read as follows:

III. "Endowment fund" means an institutional fund, or any part thereof, not wholly expendable to or by [the] an institution on a current basis under the terms of the applicable gift instrument.

4 Definition of Historic Dollar Value; Gift Instrument. Amend RSA 292-B:1-a, V and VI to read as follows:

V. "Historic dollar value" means the aggregate fair value in dollars of (i) an endowment fund at the time it became an endowment fund, (ii) each subsequent donation to the fund at the time it is made, and (iii) each accumulation made pursuant to a direction in the applicable gift instrument at the time the accumulation is added to the fund. The determination of historic dollar value made in good faith by the institution or one who holds the institutional fund is conclusive.

VI. "Gift instrument" means a will, deed, grant conveyance, agreement, memorandum, writing, or other governing document (including the terms of any institutional solicitations from which an institutional fund resulted) under which property is transferred to or held for or by an institution as an institutional fund.

5 Rule of Construction. Amend RSA 292-B:3 to read as follows:

292-B:3 Rule of Construction. RSA 292-B:2 does not apply if the applicable gift instrument indicates the donor's specific intention that net appreciation shall not be expended or that the provisions of RSA 292-B shall not apply to gifts made under the gift instrument. A restriction upon the expenditure of net appreciation may not be implied from a designation of a gift as an endowment, or from a direction or authorization in the applicable gift instrument to use only "income," "interest," "dividends," or "rents, issues or profits," or "to preserve the principal intact," or a direction which contains other words of similar import. This rule of construction applies to gift instruments executed or in effect before or after the effective date of this chapter.

6 Standard of Conduct. Amend RSA 292-B:6 to read as follows:

292-B:6 Standard of Conduct. In the administration of the powers to appropriate appreciation, to accumulate income or add income to principal, to make and retain investments, and to delegate investment management of institutional funds, members of a governing board shall exercise [ordinary business care and prudence] general standards of prudent investment as defined under RSA 564-A under the facts and circumstances prevailing at the time of the action or decision. In so doing they shall consider long and short term needs of the institution in carrying out its educational, religious, charitable, or other eleemosynary purposes, its present and anticipated financial requirements, expected total return on its investments, price level trends, and general economic conditions. Provided, however, the appropriation of appreciation in any year in an amount greater than 7 percent of the fair market value of the assets of the institution's endowment funds (calculated on the basis of market values determined at least quarterly and averaged over a period of 3 or more years) shall create a rebuttable presumption of imprudence on the part of the governing board.

7 Release of Restrictions on Use or Investment. Amend RSA 292-B:7, II to read as follows:

II. If written consent of the donor cannot be obtained by reason of his death, disability, unavailability, or impossibility of identification, the governing board may apply in the name of the institution or institutional fund to the [superior] probate court for release of a restriction imposed by the applicable gift instrument on the use or investment of an institutional fund. The attorney general shall be notified of the application and shall be given an opportunity to be heard. If the court finds that the restriction is obsolete, inappropriate, or impracticable, it may by order release the restriction in whole or in part. A release under this subsection may not change an endowment fund to a fund that is not an endowment fund.

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

2000-3209s

AMENDED ANALYSIS

This bill allows the governing body managing a charitable trust which is an institutional fund to appropriate expenditures from the realized and unrealized net appreciation in the fair value of the charitable trust.

Senate Education

January 12, 2000

2000-3073s

04/09

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

AN ACT establishing a procedure for providing educational improvement assistance to local school districts and making an appropriation therefor.

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

2 Adequate Public Education; Delivery of an Adequate Public Education; Local Educational Improvement Plan. RSA 193-E:3 is repealed and reenacted to read as follows:

193-E:3 Delivery of an Adequate Education. In order to implement New Hampshire’s policy of providing all students with the opportunity to acquire an adequate education, each school district shall put in place and evaluate the assessment and performance indicators outlined in this section, which shall be collectively known as quality standards.

I. By June 30, 2002, and every 3 years thereafter, each school district, through a process involving parents, teachers, employers, and other community members, shall prepare and implement a local education improvement and assessment plan which shall be aligned with the statewide education improvement and assessment program established in RSA 193-C, and which shall be designed to improve student achievement within each school in the district. Each such plan shall be filed with the department of education. The department of education shall comment to the district on the plan in a timely fashion. At a minimum, the plan shall include the following assessment and performance indicators:

(a) Curriculum and proficiency standards for all students.

(b) School and district performance goals based on reported data on educational indicators listed in paragraph II.

(c) Procedures for aligning curriculum, instructional practices, and student and programmatic assessments, including annual reporting of results.

(d) Local assessment measures which focus on individual student performance.

(e) Role of support services and programs.

(f) Role of instructional leadership.

(g) Strategies to promote family and community involvement; and

(h) Staff supervision and evaluation and performance-based professional development.

II.(a) Each school district shall annually demonstrate that it has met or exceeded its own school and district indicators for achievement or improvement established by the school district in accordance with rules adopted by the state board of education.

(b) By July 15, 2000, each school district shall report to the department of education its data for the previous school year on its school and district performance indicators. The requirements for data keeping and the form of the report shall be established in accordance with rules adopted by the state board of education. Performance indicators shall include the following areas:

(1) Attendance and dropout rates.

(2) School environment indicators, such as safe-school data.

(3) Proportion of graduating students going on to post-secondary education, military service, and the workplace; and

(4) Performance on state tests administered pursuant to RSA 193-C and other standardized tests administered at local option.

(c) In addition, local districts shall report on locally developed performance indicators and assessment measures.

III. Each public elementary, middle, junior high, and high school in the school district shall meet the standards for school approval adopted by the state board of education.

IV. Beginning December 1, 2002, and annually thereafter, the commissioner of education shall determine the extent to which each school district is meeting its quality standards established pursuant to paragraphs I, II, and III of this section. A school district that meets or exceeds its quality standards shall be recognized in accordance with RSA 193-E:4, II. A school district that does not meet its quality standards shall be designated by the commissioner of education as a school district in need of assistance. Each year, the commissioner of education shall provide a report of such determinations to the governor and council, state board of education, speaker of the house, president of the senate, and chairs of the house and senate committees responsible for education and finance.

V. Beginning no later than December 1, 2000, and annually thereafter, the department of education shall issue a report on the condition of education statewide and on a district-by-district and school-by-school basis. This report shall include demographic and student performance data including, but not limited to, school and district performance on state tests administered pursuant to RSA 193-C, other standardized tests administered at local option by at least 25 percent of school districts, data provided under paragraph I of this section, as well as other relevant statistics. Comparisons with state averages and with the condition of each district and school in comparison with previous years shall be provided, including, but not limited to, statewide rankings of each district and school on the state tests administered pursuant to RSA 193-C and on other standardized tests administered at local option by at least 25 percent of the school districts. The report shall be organized and presented in a manner that is easily understood by the public and that assists each school board with the identification of trends, strengths, and weaknesses and the development of its local education improvement and assessment plan.

3 New Sections; Adequate Public Education; Education Improvement Assistance to Local School Districts. Amend RSA 193-E by inserting after section 3 the following new sections:

193-E:4 Educational Assistance to Local School Districts.

I.(a) Within 60 days of the issuance of the annual report on the condition of education as provided in RSA 193-E:3, V each school board shall provide an opportunity for public discussion of the report at a meeting of the board called for the exclusive purpose of reviewing the report. At least 7 days advance public notice shall be given.

(b) Once a school district has implemented a local educational improvement and assessment plan pursuant to RSA 193-E:3, I, this plan shall be discussed at the public meeting provided for in subparagraph I(a) of this section.

II. A school district that has been identified pursuant to RSA 193-E:3, IV as meeting or exceeding its quality standards shall receive formal recognition from the state board of education and the governor. Any school district, school, or teacher that demonstrates a best practice worthy of recognition shall also receive formal recognition from the state board of education and the governor. Such school districts, schools, or teachers shall be eligible to apply for grants from the special projects and improvement fund administered by the department of education pursuant to RSA 193-E:8.

III.(a) A school board, in response to the annual report on the condition of education, may request from the department of education the assistance available under paragraph IV.

(1) If a school board requests assistance on behalf of a school district that has not been designated as a school district in need of assistance pursuant to RSA 193-E:3, IV, then the assistance requested under paragraph IV to be provided by the department of education shall be based on the availability of resources as determined by the commissioner of education.

(2) If a school board requests assistance on behalf of a school district that has been designated as a school district in need of assistance, then the school or district shall receive assistance from the department of education in accordance with subparagraph IV(a)(2).

(b) If a school board has received notice pursuant to paragraph VI, then the school district shall receive assistance from the department of education in accordance with subparagraph IV(a)(3).

IV. The department of education and the state board of education shall work cooperatively with school boards to provide assistance as follows:

(a)(1) Within 30 days of a school board’s request for assistance pursuant to subparagraph III(a)(1), the commissioner of education may appoint a quality assurance team to review the educational programming and effectiveness of the school district. In cooperation with local officials, the team shall prepare and present a report at a regularly scheduled public meeting of the local school board and to the state board of education. This report shall be issued within 4 months of the team’s appointment. Based on this report, the local school board and superintendent shall, within 6 months of the issuance of the report, prepare a corrective action plan and submit it to the state board of education for approval. If the plan is not approved, the local school board may revise the plan and resubmit it to the state board. The school board may decide to implement the corrective action plan on its own, through the use of a technical assistance advisor, or through the use of a peer review team. Any such decision shall be included in the corrective action plan.

(2) Within 30 days of a school board’s request for assistance pursuant to subparagraph III(a)(2), the commissioner of education shall appoint a quality assurance team to review the educational programming and effectiveness of the school district. In cooperation with local officials, the team shall prepare and present a report at a regularly scheduled public meeting of the local school board and to the state board of education. This report shall be issued within 4 months of the team’s appointment. Based on this report, the local school board and superintendent shall, within 6 months of the issuance of the report, prepare a corrective action plan and submit it to the state board of education for approval. The school board may decide to implement the corrective action plan on its own, through the use of a technical assistance advisor, or through the use of a peer review team. Any such decision shall be included in the corrective action plan.

(3) Within 30 days of the issuance of a notice to a school board pursuant to paragraph VI, the commissioner of education shall appoint a quality assurance team to review the educational programming and effectiveness of the school district. In cooperation with local officials, the team shall prepare and present a report at a regularly scheduled public meeting of the local school board and to the state board of education. This report shall be issued within 4 months of the team’s appointment. Based on this report, the local school board and superintendent shall, within 6 months of the issuance of the report, prepare a corrective action plan and submit it to the state board of education for approval. The school board may decide to implement the corrective action plan on its own, through the use of a technical assistance advisor, or through the use of a peer review team. Any such decision shall be included in the corrective action plan.

(b) If the state board of education does not approve a corrective action plan submitted in accordance with subparagraphs IV(a)(2) or IV(a)(3), then the commissioner of education shall work with the local school board and superintendent to revise the corrective action plan. If the local school board and superintendent do not revise the corrective action plan within 2 months or the state board of education does not approve the revised corrective action plan, then the commissioner of education shall submit in a timely manner a corrective action plan, including methods for implementing it, to the state board of education for approval without further action of the local school board.

(c) If an approved corrective action plan includes the use of a technical assistance advisor, then the commissioner of education shall appoint a technical assistance advisor who is authorized to access the state special projects and improvement fund to provide assistance to local school district staff in the implementation of the corrective action plan until the goals of the corrective action plan are met.

(d) If an approved corrective action plan includes the use of a peer review team, then the commissioner of education shall name a peer review team consisting of one person appointed by the chairperson of the local school board, one person appointed by the chairperson of the state board of education, and a third member chosen by the local school board and state board of education appointees to advise the school district’s superintendent and the local school board relative to the implementation of the corrective action plan until the goals of the corrective action plan are met.

V. If, by the time of the annual school district meeting or by April 30 in a city with a dependent school department, the school board of a school district in which a school district has been designated as a school district in need of assistance pursuant to RSA 193-E:3, IV has not submitted a request for assistance under paragraph III, then the legislative body of the school district may vote to direct the school board to submit a request for assistance under paragraph III. If a majority of the legislative body votes in favor of requesting assistance, then that assistance shall be requested and provided in accordance with paragraphs III and IV.

VI. A school board shall have one year from the date that a school district has been designated as a school district in need of assistance pursuant to RSA 193-E:3, IV to remedy identified problems at the local level. If the school district is designated as a school district in need of assistance and the school board does not request assistance under paragraph III within one year of such designation, then on December 1 of the year following the designation, if the school district continues to be designated as a school district in need of assistance, the commissioner of education shall issue a notice to the school board and shall initiate a process for providing assistance pursuant to subparagraph IV(a)(3), without further action of the school board.

193-E:5 Assistance to Local School Districts.

I. By June 30, 2002, and every 3 years thereafter, the state board of education through a process that provides opportunities for public input from parents, employers, educators, and other citizens shall review and update the statewide education improvement plan developed in accordance with RSA 193-C that describes how the department of education will help schools and school districts improve student achievement. The plan shall include goals and strategies for the delivery of technical assistance and professional development, the sharing of best practices, the modification or expansion of existing programs, and the establishment of new programs.

II.(a) Notwithstanding any other provisions of law, no later than June 30, 2003, and every 5 years thereafter, the state board of education shall review and update school approval standards based on input from parents, employers, educators and other citizens.

(b) The state board of education shall work with a joint select committee of the house and senate education committees, whose members shall be appointed by the speaker of the house and the president of the senate, to identify amendments that should be made to the school approval standards to reflect the provisions of RSA 193-E. Further, any proposed amendments shall consider the recommendations of the adequate education and education financing commission established in RSA 198:49 and should be reviewed by the house and senate education committees, which may submit comments on the proposed amendments to the state board of education. The state board of education shall consider such recommendations and comments in adopting amendments to the school approval standards pursuant to RSA 541-A.

III. Beginning no later than January 1, 2002 the commissioner of education shall ensure that the state curriculum frameworks adopted under RSA 193-C shall be reviewed on a staggered, 5-year cycle such that no more than 2 frameworks are being reviewed at the same time. In order to provide reliable annual comparisons of data at the school and district levels, the statewide improvement and assessment program shall be expanded to include more than the 3 grades required under RSA 193-C:6.

IV. No later than June 30, 2004, and every 3 years thereafter, the state board of education shall review, and update as necessary, the format and information included in the report required pursuant to RSA 193-E:3.

V. No later than January 1, 2001, the state board of education shall adopt rules, pursuant to RSA 541-A, establishing the requirements for data keeping and the form of the report as required in RSA 193-E:3, II.

VI. No later than June 30, 2001, the state board of education shall adopt rules for the development and implementation of the local education improvement and assessment plan required under RSA 193-E:3, I.

VII. No later than June 30, 2001, the state board of education shall adopt rules for the establishment of assessment and performance indicators required under RSA 193-E:3, II.

VIII. No later than December 1, 2002, the state board of education shall adopt rules, pursuant to RSA 541-A, for the approval of corrective action plans as required by RSA 193-E:4, IV(a).

IX. The department of education shall implement credible procedures to review compliance with school approval standards.

193-E:6 Legislative Oversight Committee.

I. An oversight committee shall be established consisting of:

(a) The chairperson of the house education committee, or a designee.

(b) The chairperson of the senate education committee, or a designee.

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

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

(e) One member of the house finance committee, appointed by the speaker of the house.

(f) One member of the senate finance committee, appointed by the senate president.

II. The chair of the oversight committee shall rotate biennially between the chairperson of the house education committee and the chairperson of the senate education committee. The first chairperson shall be the chairperson of the house education committee. A member shall only serve while a member of the general court. The members shall not be compensated but shall receive mileage at the legislative rate when carrying out their duties.

III. The oversight committee shall examine the goals, purposes, organization, operation, and financing of the state’s program to provide a constitutionally adequate education, and it shall evaluate and make recommendations for the continued provisions and improvement of the program.

IV. The oversight committee shall review the development and implementation of the program to ensure that they are in accordance with legislative policy.

V. The oversight committee shall submit a report to the general court by June 30, of each even-numbered year. Copies of the report shall be submitted to the governor, the senate finance and education committees, the house finance and education committees, the department of education, the department of revenue administration and to any other individual or organization as the committee deems advisable.

193-E:7 Enforcement. The attorney general has authority to enforce the provisions of this act in accordance with New Hampshire law through appropriate civil and equitable relief, including but not limited to injunctive relief.

193-E:8 Special Projects and Improvement Fund. A special projects and improvement fund is hereby established in the department of education and continually appropriated to the department. The department of education shall use moneys appropriated for this fund to provide grants to school districts pursuant to RSA 193-E:4, II. The department of education shall also use moneys appropriated for this fund to support the implementation of approved corrective action plans. The technical assistance advisor assigned to work in school districts pursuant to RSA 193-E:4, IV(c) shall be authorized to access this fund in accordance with procedures established by the department of education.

4 Appropriation. The sum of $1 for the biennium ending June 30, 2001 is hereby appropriated to the department of education for the purposes of the special projects and improvement fund established in RSA 193-E:8 as inserted by section 3 of this act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

5 Repeal. RSA 194:23-d, relative to state financial aid to elementary schools and high schools which are approved by the state board of education, is repealed.

6 Effective Date. This act shall take effect July 1, 2000.

2000-3073s

AMENDED ANALYSIS

This bill establishes a procedure for the department of education to identify local school districts which are in need of assistance and to assist in improving the overall quality of educational programs and services offered by such districts. The bill also establishes a special projects and improvement fund within the department of education and appropriates $1 to this fund for the biennium ending June 30, 2001.

Environment

January 21, 2000

2000-3164s

08/01

Amend the introductory paragraph of RSA 674:32-b as inserted by section 3 of the bill by replacing it with the following:

674:32-b Existing Agricultural Uses. Any agricultural use which exists pursuant to RSA 674:32-a:

Amend the bill by replacing section 4 with the following:

4 Effective Date. This act shall take effect July 1, 2001.

Environment

January 21, 2000

2000-3159s

08/01

Amend section 1 of the bill by inserting after paragraph XIII the following new paragraph:

XIV. The department of resources and economic development should consider a collaborative process, involving affected stakeholders, including, in particular, residents of surrounding communities who view the summit, hikers who visit the summit, and concerned citizen groups, to develop any alternative plan to accommodate desired public safety telecommunication facilities. The department should consider the development of a long term summit facilities plan that may include a replacement fire tower that integrates any necessary telecommunication functions in a more architecturally and aesthetically pleasing manner.

Amend the bill by replacing section 2 with the following:

2 Telecommunications Tower on Mount Kearsarge; Removal by Department of Resources and Economic Development Required. The department of resources and economic development shall arrange for and cause the removal of the 180-foot telecommunications tower on Mount Kearsarge in Merrimack County and all related commercial communication installations and their attendant buildings on the mountain, and restore the mountain top to its preexisting natural state as nearly as is practicable by December 31, 2002. Any replacement tower built for legally permissible purposes shall be subject to a public review process pursuant to RSA 674:54.

Environment

January 21, 2000

2000-3163s

08/01

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

1 Moratorium on Use of Certain Sludge to Reclaim Gravel Pits. Class A and class B sewage sludge and industrial paper mill sludge shall not be used to reclaim spent gravel pits above aquifers.

2 Duration of Moratorium. The moratorium in section one of this act shall expire July 1, 2001.

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

2000-3163s

AMENDED ANALYSIS

This bill places a moratorium on the use of class A and class B sewage sludge and industrial paper mill sludge to reclaim spent gravel pits above aquifers. This bill also provides that the moratorium shall expire July 1, 2001.

Senate Executive Departments and Administration

January 27, 2000

2000-3221s

10/01

Amend the bill by replacing section 2 with the following:

2 Exempted Classes. Amend RSA 331-A:4 to read as follows:

331-A:4 Exempted Classes. The provisions of this chapter shall not apply to:

I. An owner, builder or tenant of real estate or to [his] regular employees with respect to property owned or leased by [him] the owner, builder, or tenant, or to a prospective purchaser or tenant of real estate or to [his] regular employees with respect to property sought to be acquired or leased by [him,] the purchaser or tenant; [or]

II. [to] An attorney in fact [under a duly executed power of attorney authorizing the consummation of a real estate transaction,];

III. [to] An attorney at law in the performance of [his] duties as an attorney[,]; [or]

IV. [to] An auctioneer selling at public auction[,]; [or]

V. [to] A public official in the conduct of [his] official duties[,]; [or]

VI. [to] A person or [his] the person’s regular employees while such person is acting as a receiver, trustee, administrator, executor, conservator, guardian, or fiduciary, or while acting under court order, or while acting under the authority of a will, trust instrument, or other recorded instrument containing a power of sale[,]; [or]

VII. [to] Any person owning or operating a park, including [his] the person’s regular employees, in which manufactured housing to be sold or leased is located, who may, for a fee or commission or other valuable consideration, list, sell, purchase, exchange or lease such manufactured housing without a license of a broker or salesman; or

VIII. A corporate consultant who receives a fee from a client based on site searching services rendered in accordance with a written contract, rather than on the completion of any particular transaction and who does not hold himself or herself out as a real estate broker;

Amend the bill by replacing sections 4 and 5 with the following:

4 Qualifications; Age of Applicant. Amend RSA 331-A:10, I to read as follows:

I. Has attained the age of [majority] 18 for salesperson applicant.

5 New Subparagraph; Qualifications for Licensure; Course of Study. Amend RSA 331-A:10, II(c) to read as follows:

(c) Shows proof of completion of 120 hours of study; or

(d) Proves to the commission that the applicant has experience equivalent to the experience required by subparagraph (a) [or] (b), or (c).

Amend the bill by replacing section 9 with the following:

9 New Paragraph; Escrow Accounts; Business or Personal Funds. Amend RSA 331-A:13 by inserting after paragraph VI the following new paragraph:

VII. A broker may deposit business or personal funds into an escrow account to cover service charges only, assessed to the account by the bank or depository where the account is located or to maintain a minimum balance in the account as required by the regulations of the bank or depository.

Amend the bill by replacing section 11 with the following:

11 New Paragraphs; Supervision of Real Estate Office. Amend RSA 331-A:16 by inserting after paragraph III the following new paragraphs:

IV.(a) All advertisements by an associate broker or salesperson shall include the regular business name of the firm. This requirement shall apply to all categories of advertising including all publications, radio or television broadcasts, all electronic media including electronic mail and the Internet, business stationery, business and legal forms and documents, and signs and billboards.

(b) With the exception of business cards, any advertising which contains a home telephone number, cell-phone number, beeper or pager number, home fax number, or electronic mail address of an individual salesperson or associate broker, or a team of such licensees, shall also include the name and telephone number of the employing broker or brokerage firm through which the advertising licensees operate. All such advertising shall contain language identifying each number included in the advertising.

Amend the bill by replacing all after section 22 with the following:

23 Discipline; Require Relevant Courses. Amend RSA 331-A:28, I (c) to read as follows:

(c) Require the person to complete a course or courses in [a] selected [area] areas of real estate practice relevant to the section of this chapter violated.

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

2000-3221s

AMENDED ANALYSIS

This bill makes various changes to the real estate practice act and adds new requirements and new exemptions for persons regulated by the real estate commission. This bill also establishes standards for advertising.

Senate Judiciary

October 25, 1999

1999-2169s

01/09

Amend RSA 137-L:2, III as inserted by section 1 of the bill by replacing it with the following:

III. "Capable" means that, in the opinion of a court or in the opinion of the patient's attending physician or consulting physician, a patient has the ability to make and communicate health care decisions to health care providers, including electronic communication, if appropriate.

Amend RSA 137-L:3 as inserted by section 1 of the bill by replacing it with the following:

137-L:3 Initiating a Written Request for Medication. An adult who is capable and a resident of New Hampshire, or who is a patient regularly treated in a New Hampshire health care facility, and who has been determined by the attending physician and consulting physician to be in a condition of severe, unrelenting suffering from a terminal disease, and who has voluntarily expressed a wish to die, may make a written request for medication for the purpose of ending such person's life in a humane and dignified manner in accordance with this chapter. If such a patient is unable to write, the patient may request another person to sign the form, under RSA 137-L:4, on his or her behalf in the patient’s presence.

Amend the introductory paragraph of RSA 137-L:4, II as inserted by section 1 of the bill by replacing it with the following:

II. Both of the witnesses shall be persons who are not:

Amend RSA 137-L:4, V as inserted by section 1 of the bill by replacing it with the following:

V. REQUEST FOR MEDICATION

I,............................, am an adult of sound mind.

I am in a condition of severe, unrelenting suffering from

......................., which my attending physician has

determined is a terminal disease and which has been medically

confirmed by a consulting physician.

I have been fully informed of my diagnosis, prognosis, the

nature of medication to be prescribed and potential associated

risks, the expected result, and the feasible alternatives,

including comfort care, hospice care, palliative treatment, and

pain control.

I request that my attending physician prescribe medication

that will end my life in a humane and dignified manner.

INITIAL ONE:

     I have informed my family of my decision and taken their

opinions into consideration.

     I have decided not to inform my family of my decision.

     I have no family to inform of my decision.

I understand that I have the right to rescind this request at

any time.

I understand the full import of this request and I expect to

die when I take the medication to be prescribed.

I make this request voluntarily and without reservation, and

I accept full moral responsibility for my actions.

Signed:............................

Dated:.............................

DECLARATION OF WITNESSES

We declare that the person signing this request:

(a) Is personally known to us or has provided proof of identity;

(b) Signed this request in our presence;

(c) Appears to be of sound mind and not under duress, fraud, or undue influence;

(d) Is not a patient for whom either of us is attending physician.

................................................Witness 1/Date

................................................Witness 2/Date

Note: Neither witness shall be a relative (by blood, marriage, or adoption) of the person signing this request, shall not be entitled to any portion of the person's estate upon death and shall not own, operate, or be employed at a health care facility where the person is a patient or resident. If the patient is an inpatient at a health care facility, one of the witnesses shall be an individual designated by the facility.

Amend RSA 137-L:9, IV as inserted by section 1 of the bill by replacing it with the following:

IV. A qualified patient who is unable to communicate orally may satisfy the oral request requirement of this chapter by making a written or electronic request, if appropriate.

Amend the bill by replacing section 2 with the following:

2 Effective Date. This act shall take effect January 1, 2001.

Senate Judiciary

January 10, 2000

2000-3040s

04/09

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

AN ACT relative to the partition of real or personal property.

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

1 Partition of Real Property; Chapter Heading Amended. The chapter title of RSA 547-C is amended to read as follows:

PARTITION OF REAL AND PERSONAL PROPERTY

2 Partition of Property. RSA 547-C is repealed and reenacted to read as follows:

547-C:1 Parties. Any person owning a present undivided legal or equitable interest in real or personal property, not subject to redemption, or the holder of an equity of redemption shall be entitled to have partition in the manner hereinafter provided. If such interest is in fee, he or she shall be entitled to partition in fee; if a life estate or a term for years, he or she shall be entitled to partition thereof to continue so long as his or her estate endures. A life tenant, remainderman, or a tenant for years of whose term at least 20 years remains unexpired may, in the exercise of the court's equitable powers, have partition of the fee. The existence of a lease of the whole or a part of the real property to be divided shall not prevent partition, but such partition shall not disturb possession of a lessee under a lease covering the interests of all the co-tenants.

547-C:2 Petition. A petition may be filed by such person in the probate court in the county in which the real or personal property or any part of the property is located, particularly describing the property, the names of all owners or persons interested, if known, and the share of the petitioner in the property and praying for partition of the property. Upon petition by the administrator or upon its own motion, the court may cause any real or personal property to be partitioned, divided, awarded, or assigned in accordance with procedures described in this chapter.

547-C:3 Appeal. In cases where a right to jury trial is guaranteed by the constitution, a person may, at the time judgment by the probate court is declared, appeal therefrom to the superior court. The appeal shall be entered 15 days from the date of the register's issuance of the notice of decision unless for good cause shown the time is extended by the superior court. If a trial by jury is requested, the superior court shall expedite such request and schedule the case for trial in as timely a manner as possible and may cause any real or personal property to be partitioned or divided in accordance with procedures described in this chapter. In all cases which are so appealed, it shall be the duty of the superior court to transmit to the judge of the probate court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.

547-C:4 Owner Unknown. If the persons interested in any such real or personal property with the petitioner are unknown, it shall be described in the petition in the same manner as is required in the case of taxing unimproved lands of nonresidents, specifying the share held by each petitioner, and stating that it is held with persons unknown.

547-C:5 Notice. The petitioner shall give notice to all persons interested in the real or personal property, by causing the petition and order of notice thereon to be served on each in the same manner that writs of summons are required to be served.

547-C:6 Publication of Petition. If any petitionee or his residence is unknown, or if petitionee resides out of the state and has not had personal notice, the court shall order publication of the petition and order of notice, and may fix the time of the last publication.

547-C:7 Additional Notice. If any petitioner is absent at the time of the service of the petition, and has not returned, and does not appear at the sitting of the court at which the petition is entered, it may be continued and further notice ordered.

547-C:8 Appointing Agents. If any petitionee is a minor, or otherwise incapacitated to take care of his estate, partition shall not be made until a guardian or agent has been appointed. Such guardian or agent may be appointed by the court.

547-C:9 Owner Unknown. If any petitionee is unknown the court may, in its discretion, appoint an agent to aid and advise in petitionee's behalf in making the partition.

547-C:10 Trial of Issues. Matters alleged in the petition may be denied or avoided by the petitionee by plea, and further proceedings may be had, and an issue of fact or of law made and tried, as upon a writ at common law or a bill in equity, and the court shall have full power to determine the respective interests of all the parties; or the petitionee may file a plea denying that the petitionee holds any part of the real or personal property with the petitioner, with a brief statement of matters in defense.

547-C:11 Judgment for Partition; Committee. If the issue involves real property and is determined in favor of the petitioner, or if after notice the petitionee does not appear, or if no sufficient objection is made, the court shall render judgment that partition be made, and shall appoint a committee, consisting of 3 suitable persons, resident of the county, to make partition of the real property, to set off the shares of the several petitioners according to their respective titles and to award costs as they deem just.

547-C:12 Oath; Notice. The committee shall be sworn. They shall appoint a time and place of hearing, and cause notice thereof in writing, signed by the chairperson, to be served upon each person interested, or each interested person's agent or attorney, or to be left at each interested person's abode at least 7 days before the day of hearing.

547-C:13 Publication of Notice. If any petitionee or petitionee's residence is unknown the committee shall cause the notice to be published.

547-C:14 Setoff; Report. The committee shall make partition of the real property as directed in their commission, by setting off to each petitioner his or her just share thereof, according to his or her right, by proper metes and bounds or other distinct description, and shall return to the court a full report of their doings, with a particular description of each portion of the real property so set off.

547-C:15 Judgment; Record. If no sufficient objection appears, the court shall render judgment upon the report. The partition so made shall be recorded in the registry of deeds for the county where the real property lies.

547-C:16 Costs. The probate court shall award the costs of making the partition, and apportion the same in such manner as they deem just.

547-C:17 Against Petitioner. If on the trial of an issue involving real or personal property, as provided in RSA 547-C:10, it is determined that the petitioner has no share or interest in the property, or a less share than the petitioner claims, the petitionee shall recover the taxable costs of such trial.

547-C:18 Failure to Enter, Etc. If the petitioner fails to enter or prosecute his or her petition, costs shall be awarded in favor of all the petitionees upon whom service was made.

547-C:19 Petition. If there is no dispute about the title to real or personal property, a petition for partition may be filed with the judge of probate for the county where the real or personal property or the greater part thereof is located, who shall appoint a time and place of hearing on the petition.

547-C:20 Notice. Notice of the petition and hearing shall be given to all parties interested, by giving to each in hand, or leaving at their abode, an attested copy of the petition and order of notice, at least 14 days before the day of hearing, or by causing the same to be published.

547-C:21 Procedure. If on the hearing no sufficient objection appears, the judge shall cause partition to be made by a committee, who shall be appointed, be sworn, give notice and proceed, and the court shall appoint guardians or agents for all minors or persons incapacitated, and agents for all persons unknown or out of the state, interested in such estate, receive and accept the report of such committee, and render judgment and award costs thereon, in the manner prescribed in this chapter.

547-C:22 Unequal Division and Sale. Whenever real or personal property is so situated or is of such a nature that it cannot be divided so as to give each owner his or her share or interest without great prejudice or inconvenience, the whole or a part of the real or personal property may be assigned, to one of them, the assignee paying to the others who have less than their share such sums as the probate court shall award.

547-C:23 Recommitment. If it appears to the court that the real property is divisible it shall recommit the report to the committee with instructions as to the division of the real property.

547-C:24 Sale. When the proceedings are pending, if it is alleged in the petition that the real or personal property is so situated or is of such a nature that it cannot be divided so as to give each owner his or her share or interest without great prejudice or inconvenience and the court so finds, or if, upon the report of the committee that the real property at issue is of the nature aforesaid, the court so finds, the court may order it to be sold and the proceeds from the sale to be divided among the owners according to their respective titles or interests, and may make all other orders that may be necessary to cause such sale and the distribution of the proceeds, as a court of equity may do in like cases.

547-C:25 Distribution Deferred. When it appears that an owner not residing within the territorial limits of the United States of America or any territorial possession thereof would not have the benefit or use or control of such proceeds due them and that special circumstances make it desirable that delivery of such proceeds to them be deferred, the court may order that such proceeds be paid to the state to be invested by the state treasurer and handled subject to such further order as such court may enter; provided a reasonable fee, as allowed by the court, of the attorney for any such owner shall be considered a lien thereon and shall be paid by the fiduciary having such funds in charge to such attorney prior to payment to the state treasurer.

547-C:26 Further Notice. If due notice to the petitionees has not been given, the court may continue the case and order such further notice of the pendency thereof as it may deem just, and when the order has been complied with it shall proceed with such division.

547-C:27 Mortgagees, etc. No partition shall be avoided by any conveyance made by a petitionee after the entry of the petition therefor, nor by any conveyance or other legal disposition, unless duly recorded at the date of such entry, nor by any mortgage, attachment or lien thereon, whenever made, nor by the death of either party; but the share or interest of each petitioner shall be set off in severalty, and be subject to all legal claims thereon, as if the claimant had been a party thereto.

547-C:28 Legal Owner. If in making partition a share or interest is set off to any person other than the legal or equitable owner, such share or interest inures to the benefit of the legal or equitable owner, his or her heirs or assigns, as if it had been set off to the legal or equitable owner.

3 Effective Date. This act shall take effect January 1, 2001.

2000-3040s

AMENDED ANALYSIS

This bill authorizes the probate court to order a partition of real or personal property where legal or equitable rights or interests in such property is at issue.

Public Institutions, Health and Human Services

January 19, 2000

2000-3137s

01/10

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

AN ACT establishing certain standards of accountability for health maintenance organizations and other entities providing health insurance through a managed care system.

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

1 New Paragraph; Medical Directors. Amend RSA 329:17 by inserting after paragraph III-a the following new paragraph:

III-b.(a) Any referral by the insurance commissioner under RSA 420-J:5-e, VII or any complaint alleging that a medical director has committed misconduct as set forth in paragraph VI of this section shall be received and reviewed by the board in accordance with the provisions of this section for potential disciplinary action. For the purposes of this paragraph, "medical director" means a physician licensed under this chapter who is employed by a health carrier or medical utilization review entity and is responsible for the utilization review techniques and methods of the health carrier or medical utilization review entity and their administration and implementation.

(b) Any complaint received by the board regarding an insurance coverage decision by a medical director shall be forwarded by the board to the insurance commissioner for review.

2 Medical Review Subcommittee; Medical Director. Amend RSA 329:17, V-a to read as follows:

V-a. A medical review subcommittee of 7 members shall be nominated by the board of medicine and appointed by the governor and council. The subcommittee shall consist of one member of the board of medicine and 6 other persons, no more than 5 of whom shall be physicians, one of whom shall be a medical director as defined in paragraph III-b of this section. Any public member of the subcommittee shall be a person who is not, and never was, a member of the medical profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of medical services or an activity directly related to medicine, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment. The subcommittee members shall be appointed for 3-year terms, and shall serve no more than 2 terms. Upon referral by the board, the subcommittee shall review disciplinary actions reported to the board under paragraphs II-V of this section, except that matters concerning a medical director involved in a current internal or external grievance pursuant to RSA 420-J shall not be reviewed until the grievance process has been completed. Following review of each case, the subcommittee shall make recommendations to the board. Funds shall be appropriated from the general fund for use by the subcommittee to investigate allegations under paragraphs I-V of this section. The board shall employ a physician as a medical review subcommittee administrator who shall serve at the pleasure of the board. The salary of the medical review subcommittee administrator shall be established by the board in accordance with duties, experience, and amount of time required for the position.

3 New Section; Medical Directors Required. Amend RSA 420-E by inserting after section 2 the following new section:

420-E:2-a Medical Director. Every medical utilization review entity licensed by the department under this chapter shall employ a medical director licensed under RSA 329.

4 New Paragraph; Definition Added. Amend RSA 420-J:3 by inserting after paragraph XXV the following new paragraph:

XXV-a. "Medical director" means a physician licensed under RSA 329 and employed by a health carrier or medical utilization review entity who is responsible for the utilization review techniques and methods of the health carrier or medical utilization review entity and their administration and implementation.

5 New Paragraph; Medical Director Required. Amend RSA 420-J:6 by inserting after paragraph IV the following new paragraph:

V. Each health carrier that conducts utilization review shall employ a medical director who shall have responsibility for all utilization review techniques and methods and their administration and implementation. Nothing in this section shall be construed to preclude a medical director from consulting with or relying on the advice of a physician licensed in this state or any other state. Nothing in this section shall be construed as creating any civil liability to the medical director for the medical director’s alleged negligent performance of the aforementioned responsibilities for utilization review.

6 Information Provided to Covered Persons. Amend RSA 420-J:5, II(a) – (e) to read as follows:

(a) A description of the internal grievance procedure required under RSA 420-J:5 for adverse determinations and other matters [which] and a description of the process for obtaining external review under RSA 420-J:5-a – RSA 420-J:5-e. These descriptions shall be set forth in or attached to the policy, certificate, membership booklet, or other evidence of coverage provided to covered persons.

(b) A statement of a covered person's right to contact the commissioner's office for assistance at any time. The statement shall include the toll-free telephone number and address of the commissioner.

(c) Upon written denial of a requested medical service or claim by the health carrier, a statement of the covered person's right to access the internal grievance process and the process for obtaining external review. This statement shall also include a written explanation of any adverse determination, with the name and credentials of the health carrier medical director, including board status and the state or states where the person is currently licensed, and the relevant clinical rationale used to make the adverse determination. If the person making the adverse determination is not the medical director but a designee, then the credentials, board status, and state or states of current license shall also be provided for that person. Nothing in this section shall be construed to require a health carrier to provide proprietary information protected by third party contracts. (d) Staff assistance in filing an internal grievance.

(e) [If requested by the consumer or health care provider acting on behalf of the consumer, a written explanation of any adverse determination, with the name and credentials of the health carrier medical director or designee, including board status and the state or states where the person is currently licensed, and the relevant clinical rationale used to make the adverse determination. Nothing in this section shall be construed to require a health carrier to provide proprietary information protected by third party contracts] Any clinical review criteria that are used by the health carrier or its designee utilization review entity as the basis of an adverse determination shall be disclosed to the treating provider and the covered person. Such disclosure shall be accompanied by the following notice: "The materials provided to you are criteria used by this plan to authorize, modify, or deny care for persons with similar illnesses or conditions. Specific care and treatment may vary depending on individual need and the benefits covered under your contract."

7 Second Level Grievance; Notice Required. Amend RSA 420-J:5, V(a)(3) to read as follows:

(3) The review panel shall issue a written decision to the covered person within 5 business days of completing the review meeting. Upon concurrence of the covered person, a copy of the decision shall be forwarded to the insurance department. The decision shall include the titles of the members of the review panel; a statement of the review panel's understanding of the nature of the grievance, including issues raised by the covered person, and all pertinent facts; the rationale for the review panel's decision; reference to evidence or documentation considered by the review panel in making the decision; if an adverse decision is made, the instructions for requesting a written statement of the clinical rationale, including the clinical review criteria used to make the determination; and a statement of the covered person's right to file an external appeal as provided in RSA [420-J:5, VIII] 420-J:5-a – RSA 420-J:5-e. The statement of appeal rights shall include a description of the process for obtaining external review of a determination, a copy of the written procedures governing external review, including the required time frames for requesting external review, and notice of the conditions under which expedited external review is available.. 8 Review Panel; Notice Required. Amend RSA 420-J:5, V(b)(3) to read as follows:

(3) The review panel shall issue a written decision to the covered person within 5 business days of completing the review meeting. The decision shall include the titles of the members of the review panel; a statement of the review panel's understanding of the nature of the grievance and all pertinent facts; the rationale for the review panel's decision; reference to evidence or documentation considered by the review panel in making the decision; if an adverse decision is made, the instructions for requesting a written statement of the clinical rationale, including the clinical review criteria used to make the determination; and a statement of the covered person's right to file an external appeal as provided in RSA [420-J:5, VIII] 420-J:5-a – RSA 420-J:5-e. The statement of appeal rights shall include a description of the process for obtaining external review of a determination, a copy of the written procedures governing external review, including the required time frames for requesting external review, and notice of the conditions under which expedited external review is available.

9 Expedited Internal Grievance Review. Amend RSA 420-J:5, VI(e) to read as follows:

(e) In any case where the expedited review process does not resolve a difference of opinion between the health carrier and the covered person or the provider acting on behalf of the covered person, the covered person or the provider acting on behalf of the covered person may submit a written grievance, unless the provider is prohibited from filing a grievance by federal or other state law. A health carrier shall review it as a second level grievance. In conducting the review, the health carrier shall [adhere to time frames that are reasonable under the circumstances] make a decision and notify the covered person as expeditiously as the covered person’s medical condition requires, but in no event more than 72 hours after the grievance is submitted. 10 New Paragraph; Notice Required. Amend RSA 420-J:5, by inserting after paragraph IX the following new paragraph:

X. If the covered person has requested first or second level, standard or expedited review and the health carrier has not issued a decision within the required time frames, then the health carrier shall promptly provide the covered person with a statement of the covered person’s right to file an external appeal as provided in RSA 420-J:5-a – RSA 420-J:5-e. The statement of appeal rights shall include a description of the process for obtaining external review of a determination, a copy of the written procedures governing external review, including the required time frames for requesting external review, and notice of the conditions under which expedited external review is available.

11 New Paragraph; Definition Added. Amend RSA 420-J:3 by inserting after paragraph III the following new paragraph:

III-a. "Authorized representative" means a person to whom a covered person has given consent to represent the covered person in an external review. Authorized representative may include the covered person's treating provider.

12 New Paragraph; Definition Added. Amend RSA 420-J:3 by inserting after paragraph XXIII the following new paragraph:

XXIII-a. "Independent review organization" means an entity that employs or contracts with clinical peers to conduct independent external reviews of health carrier determinations.

13 New Sections; External Review. Amend RSA 420-J by inserting after section 5 the following new sections:

420-J:5-a Right to External Review.

I. A covered person shall have the right to independent external review of a determination by a health carrier or its designee utilization review entity when all of the following conditions apply:

(a) The subject of the request for external review is an adverse determination;

(b) The covered person has completed the internal review procedures provided by the health carrier pursuant to RSA 420-J:5, III through VI, or the health carrier has agreed to submit the determination to independent external review prior to completion of internal review, or the covered person has requested first or second level, standard or expedited review and has not received a decision from the health carrier within the required time frames;

(c) The covered person or the covered person’s authorized representative has submitted the request for external review in writing to the commissioner within 180 days of the date of the health carrier’s second level denial decision provided pursuant to RSA 420-J:5, V or VI, or if the health carrier has failed to make a first or second level, standard or expedited review decision that is past due, within 180 days of the date the decision was due;

(d) The covered person's cost for the service, supply or drug that is the subject of the adverse determination is, or is anticipated in a 12-month period to be, equal to or in excess of $400;

(e) The health carrier determination does not relate to any category of health care services that is excluded from the external review provisions of this chapter pursuant to paragraph II; and

(f) The request for external review is not based on a claim or allegation of provider malpractice, professional negligence, or other professional fault excluded from the external review provisions of this chapter pursuant to paragraph III.

II. Determinations relating to the following health care services shall not be reviewed under this chapter, but shall be reviewed pursuant to the review processes provided by applicable federal or state law:

(a) Health care services provided through medicaid, the state Children’s Health Insurance Program (Title XXI of the Social Security Act), medicare or services provided under these programs but through a contracted health carrier.

(b) Health care services provided to inmates by the department of corrections.

(c) Health care services provided pursuant to a health plan not regulated by the state, such as self-funded plans administered by an administrative services organization or third-party administrator or federal employee benefit programs.

III. The external review procedures set forth in this chapter shall not be utilized to adjudicate claims or allegations of health care provider malpractice, professional negligence, or other professional fault against participating providers or medical directors.

420-J:5-b Standard External Review. Standard external review shall be conducted as follows:

I. Within 7 business days after the date of receipt of a request for external review, the commissioner shall complete a preliminary review of the request to determine whether:

(a) The individual is or was a covered person under the health benefit plan;

(b) The determination that is the subject of the request for external review meets the conditions of eligibility for external review stated in RSA 420-J:5-a, I; and

(c) The covered person has provided all the information and forms required by the commissioner that are necessary to process a request for an external review.

II. Upon completion of the preliminary review pursuant to paragraph I, the commissioner shall immediately notify the covered person or the covered person’s authorized representative in writing:

(a) Whether the request is complete; and

(b) Whether the request has been accepted for external review.

III. If the request is not complete, the commissioner shall inform the covered person or the covered person’s authorized representative what information or documents are needed to make the request complete and to process the request. The covered person or the covered person’s authorized representative shall submit such information or documentation within 10 days of being notified that the request was incomplete.

IV. If the request for external review is accepted, the commissioner shall:

(a) Include in the notice provided to the covered person pursuant to paragraph II a statement that if the covered person wishes to submit new or additional information or to present oral testimony via teleconference, such information shall be submitted, and the oral testimony shall be scheduled and presented, within 20 days of the date of issuance of the notice. However, the notice shall also explain that oral testimony shall be permitted only in cases when the commissioner determines, based on evidence provided by the covered person, that it would not be feasible or appropriate to present only written testimony.

(b) Immediately notify the health carrier in writing of the request for external review and its acceptance.

V. If the request for external review is not accepted, the commissioner shall inform the covered person or the covered person’s authorized representative and the health carrier in writing of the reason for its non-acceptance.

VI. At the time a request for external review is accepted, the commissioner shall select and retain an independent review organization that is certified pursuant to RSA 420-J:5-d, I to conduct the external review. The commissioner shall not select the same independent review organization for each external review, but shall rotate among the certified independent review organizations, using all organizations equally. The commissioner may select and retain an independent review organization regardless of the rotation if the commissioner determines that the use of such independent review organization is necessary for the fair adjudication of the case in question.

VII. Within 10 days after the date of issuance of the notice provided pursuant to subparagraph IV(b), the health carrier or its designated utilization review organization shall provide to the selected independent review organization and to the covered person all information in its possession that is relevant to the adjudication of the matter in dispute, including but not limited to:

(a) The terms of agreement of the health benefit plan, including the evidence of coverage, benefit summary or other similar document;

(b) All relevant medical records, including records submitted to the carrier by the covered person, the covered person’s authorized representative, or the covered person’s treating provider;

(c) A summary description of the applicable issues, including a statement of the health carrier’s final determination;

(d) The clinical review criteria used and the clinical reasons for the determination;

(e) The relevant portions of the carrier’s utilization management plan;

(f) Any communications between the covered person and the health carrier regarding the internal or external review; and

(g) All other documents, information, or criteria relied upon by the carrier in making its determination.

VIII. Failure by the health carrier or the covered person to provide the documents and information required in paragraph IV(a) or VII within the specified time frame shall not delay the conduct of the external review.

IX. The selected independent review organization shall review all of the information and documents received from the carrier pursuant to paragraph VII and any other information submitted by the covered person or the covered person’s authorized representative or treating provider with the request for external review or pursuant to subparagraph IV(a) and any testimony provided. In addition to the information provided by the health carrier and the covered person or the covered person’s authorized representative or treating provider, the independent review organization may consider any applicable, generally accepted clinical practice guidelines, studies or research, including those developed or conducted by the federal government, national or professional medical societies, boards and associations. The independent review organization shall consider anew all previously determined facts, allow the introduction of new information, and make a decision that is not bound by decisions or conclusions made by the health carrier during internal review.

X. The selected independent review organization shall render a decision upholding or reversing the determination of the health carrier and notify the covered person or the covered person’s authorized representative and the health carrier in writing within 20 days of the date that any new or additional information from the covered person is due pursuant to subparagraph IV(a). This notice shall include a written review decision that contains a statement of the nature of the grievance, references to evidence or documentation considered in making the decision, findings of fact, and the clinical and legal rationale for the decision, including, as applicable, clinical review criteria and rulings of law.

420-J:5-c Expedited External Review. Expedited external review shall be conducted as follows:

I. Expedited external review shall be available when the covered person’s treating health care provider certifies to the commissioner that adherence to the time frames specified in RSA 420-J:5-b would seriously jeopardize the life or health of the covered person or would jeopardize the covered person’s ability to regain maximum function.

II. Except to the extent that it is inconsistent with the provisions of this paragraph, all requirements for the conduct of standard external review specified in RSA 420-J:5-b shall apply to expedited external review.

III. At the time the commissioner receives a request for an expedited external review, the commissioner shall immediately make a determination whether the request meets the standard set forth in paragraph I for expedited external review, as well as the reviewability requirements set forth in RSA 420-J:5-b, I. If these conditions are met, the commissioner shall immediately notify the health carrier. If the request is not complete, the commissioner shall immediately contact the covered person or the covered person’s authorized representative and attempt to obtain the information or documents that are needed to make the request complete.

IV. The commissioner shall select and retain an independent review organization that is certified pursuant to RSA 420-J:5-d, I to conduct the expedited external review.

V. The health carrier or its designated utilization review organization shall provide or transmit the documents and information specified in RSA 420-J:5-b, VII to the selected independent review organization by telephone, facsimile or any other available expeditious method within one business day of receiving the commissioner’s notice of the request for expedited external review pursuant to paragraph III.

VI. When handling a review on an expedited basis, the selected independent review organization shall make a decision and notify the carrier and the covered person as expeditiously as the covered person’s medical condition requires, but in no event more than 72 hours after the expedited external review is requested.

VII. If the notice provided pursuant to paragraph VI was not in writing, within 2 business days after the date of providing that notice, the selected independent review organization shall:

(a) Provide written confirmation of the decision to the covered person or the covered person’s authorized representative and the health carrier; and

(b) Include the information set forth in RSA 420-J:5-b, X.

VIII. An expedited external review shall not be provided for determinations made by the health carrier on a retrospective basis.

IX. A covered person shall not be held liable to either the health plan, the hospital, the physician, or the services provider for the cost of services in excess of the applicable copayment, coinsurance, or deductible incurred, pending the independent review organization’s determination of an expediated external review.

420-J:5-d Certification of Independent Review Organizations.

I. The certification of independent review organizations shall be conducted as follows:

(a) The commissioner shall certify independent review organizations eligible to be selected to conduct external reviews under this section to ensure that an independent review organization satisfies the minimum qualifications established under paragraph II.

(b) The commissioner shall develop an application form for initially certifying and recertifying independent review organizations to conduct external reviews.

(c) Independent review organizations wishing to be certified shall submit the application form and include all documentation and information necessary for the commissioner to determine whether the independent review organization satisfies the minimum qualifications established under paragraph II.

(d) The commissioner may determine that accreditation by a nationally recognized private accrediting entity with established and maintained standards for independent review organizations that meet or exceed the minimum qualifications established under paragraph II is sufficient for certification under this paragraph.

(e) The commissioner shall maintain and periodically update a list of certified independent review organizations.

(f) Whenever the commissioner determines that an independent review organization no longer satisfies the minimum qualifications established under paragraph II, the commissioner shall terminate the certification of the independent review organization and remove it from the list of certified independent review organizations that is maintained by the commissioner pursuant to subparagraph I(e).

II. To be certified under paragraph I to conduct external reviews, an independent review organization shall meet the following minimum qualifications:

(a) It shall develop and maintain written policies and procedures that govern all aspects of both the standard external review process and the expedited external review process.

(b) It shall establish and maintain a quality assurance program that:

(1) Ensures that external reviews are conducted within the specified time frames and required notices are provided in a timely manner;

(2) Ensures the selection of qualified and impartial clinical peer reviewers to conduct external reviews on behalf of the independent review organization with suitable matching of reviewers to specific cases;

(3) Ensures the confidentiality of medical and treatment records; and

(4) Ensures that any person employed by or under contract with the independent review organization adheres to the requirements of this section.

(c) It shall agree to maintain and provide to the commissioner such information as may be required to fulfill the provisions and purposes of this section.

(d) It shall assign clinical peer reviewers to conduct external reviews who are physicians or other appropriate health care providers and who:

(1) Are experts in the treatment of the covered person’s medical condition that is the subject of the external review;

(2) Are knowledgeable about the recommended health care service or treatment through actual clinical experience;

(3) Hold a non-restricted license in a state of the United States and, for physicians, a current certification by a specialty board recognized by the American Board of Medical Specialties in the area or areas appropriate to the subject of the external review;

(4) Have no history or disciplinary actions or sanctions that have been taken or are pending by any hospital, governmental agency, or regulatory body; and

(5) Have agreed to disclose any potential conflict of interest.

(e) It shall be free of any conflict of interest. To meet this qualification, an independent review organization may not own or control or in any way be owned or controlled by a health carrier, a national, state or local trade association of health carriers, or a national state or local trade association of health care providers. In addition, in order to qualify to conduct an external review of a specific case, neither the independent review organization selected to conduct the external review nor any clinical peer reviewer assigned by the independent organization to conduct the external review may have a material professional, familial or financial interest in any of the following:

(1) The health carrier that is the subject of the external review;

(2) Any officer, director or management employee of the health carrier that is the subject of the external review;

(3) The health care provider or the health care provider’s medical group or independent practice association recommending the health care service or treatment that is the subject of the external review;

(4) The facility or institution at which the recommended health care service or treatment would be provided;

(5) The developer or manufacturer of the principal drug, device, procedure or other therapy being recommended for the covered person whose treatment is the subject of the external review; or

(6) The covered person or the covered person’s authorized representative.

(f) Its charges for services provided shall be competitive and reasonable.

(g) For the purpose of allowing in-state health care providers to act as clinical peer reviewers in the conduct of external reviews, the commissioner may determine, in specific cases, that an affiliation with a hospital, an institution, an academic medical center, or a health carrier provider network does not in and of itself constitute a conflict of interest which is sufficient to preclude that provider from acting as a clinical peer reviewer, so long as the affiliation is disclosed to the covered person or the covered person’s authorized representative.

(h) The following organizations shall not be eligible for certification to conduct external reviews:

(1) Professional or trade associations of health care providers;

(2) Subsidiaries or affiliates of such provider associations;

(3) Health carrier or health plan associations; and

(4) Subsidiaries or affiliates of health plan or health carrier associations.

420-J:5-e General Provisions Regarding External Review.

I. The health carrier against which a request for external review is filed shall pay the cost of the external review. Except under the circumstances described below in this paragraph, such costs shall not exceed $1,500. The commissioner shall notify the independent review organizations of the cost limitation for conducting an external review. The cost for an external review may exceed $1,500 if the commissioner determines an additional cost is necessary to ensure the fair adjudication of the case in question.

II. The external review decision of the independent review organization shall be binding on the health carrier and shall be enforceable by the commissioner pursuant to the penalty provisions of RSA 420-J:14. The external review decision of the independent review organization shall be binding on the covered person except to the extent the covered person has other remedies available under federal or state law. The external review process shall not be considered an adjudicative proceeding within the meaning of RSA 541-A, and the external review decision of the independent review organization shall not be subject to rehearing and appeal pursuant to RSA 541.

III. An independent review organization shall maintain all standards of confidentiality. The records and internal materials prepared for specific reviews by an independent review organization under this section shall be exempt from public disclosure under RSA 91-A.

IV. An external review organization acting in good faith shall have immunity from any civil or criminal liability or professional discipline as a result of acts or omissions with respect to any external review, unless the acts or omissions constitute willful and wanton misconduct.

V. The right to external review under this chapter shall not be construed to change the terms of coverage under a health benefit plan nor shall the health carrier retaliate against the covered person for exercising his or her right to an independent external review.

VI. When requested by the covered person, the commissioner shall provide consumer assistance in pursuing the internal grievance procedures under RSA 420-J:5 and the external review process under RSA 420-J:5-a – 420-J:5-e.

VII. The commissioner shall report annually to the governor and the legislature on the number of grievances subjected to external review, the number of decisions resolved wholly or partially in favor of the covered person, and the number of decisions resolved wholly or partially in favor of the health carrier. Such reports shall also include a separate statement of the number of cases in which the external review was terminated as a result of a reversal by the health carrier of its adverse determination after the receipt of new or additional information from the covered person or the covered person’s authorized representative and the number of cases in which the covered person and the health carrier agreed to resolve the dispute prior to a final determination by the independent review organization.

VIII. If, based on the evidence presented during the external review process, the commissioner determines that the health carrier’s medical director, in the conduct of his or her duties, may have committed misconduct as set forth in RSA 329:17, VI, the commissioner shall document such findings and transmit them in a separate report to the board of medicine.

14 New Paragraphs; Provider Contract Standards. Amend RSA 420-J:8 by inserting after paragraph VII the following new paragraphs:

VIII. No contract between a health carrier and a participating provider shall contain any payment or reimbursement provision the terms of which creates an inducement for the provider to not provide medically necessary care to covered persons. Nothing in this section shall be construed to prohibit the use of payment arrangements between a health carrier and a participating provider or provider group which involve capitation, withholds or other arrangements. IX. The health carrier shall provide to covered persons, in the evidence of coverage, a description for the types of financial arrangements contained in its contracts with participating providers. Such descriptions shall be set forth in clear, understandable language.

X. Every contract between a health carrier and a participating provider shall provide that the health carrier may not remove a health care provider from its network or refuse to renew the health care provider with its network for participating in a covered person’s internal grievance procedure or external review.

15 New Paragraph; Clinical Review Criteria. Amend RSA 420-J:6 by inserting after paragraph IV the following new paragraph:

V. The clinical review criteria used by the health carrier or its designee utilization review entity shall be:

(a) Developed with input from appropriate actively practicing practitioners in the health carrier’s service area;

(b) Updated at least biennially and as new treatments, applications and technologies emerge.

(c) Developed in accordance with the standards of national accreditation entities;

(d) Based on current, nationally accepted standards of medical practice; and

(e) If practicable, evidence-based.

16 Clinical Review Criteria. RSA 420-E:4 VI is repealed and reenacted to read as follows:

VI. Any clinical review criteria that are utilized shall be:

(a) Developed with input from appropriate actively practicing practitioners in the health carrier’s service area;

(b) Updated at least biennially and as new treatments, applications and technologies emerge;

(c) Developed in accordance with the standards of national accreditation entities;

(d) Based on current, nationally accepted standards of medical practice; and

(e) If practicable, evidence-based.

17 Repeal. RSA 420-J:5, VIII and IX, relative to external process and annual report, are repealed.

18 Effective Date. This act shall take effect 180 days after its passage.

2000-3137s

AMENDED ANALYSIS

This bill creates an independent external consumer appeal process to review certain determinations made by managed care entities. The bill requires health carriers that conduct utilization review and licensed utilization review entities to employ a medical director who shall be licensed as a physician. The bill prohibits contracts between health carriers and participating providers from including provisions that create financial incentives to deny medically necessary care. The bill requires that health insurers disclose certain information necessary for consumers to hold managed care entities accountable for health care treatment decisions. The bill also extends the jurisdiction of the board of medicine to include disciplinary action over medical directors for misconduct.

Public Institutions, Health and Human Services

January 21, 2000

2000-3160s

05/01

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

AN ACT replacing the housing assistance fund trust fund with a homeless prevention fund, and making an appropriation therefor.

Amend the bill by replacing section 2 with the following:

2 Homeless Prevention Fund. RSA 204-C:80-85 are repealed and reenacted to read as follows:

204-C:80 Purpose. The purpose of this subdivision is to establish a homeless prevention program and a fund therefor to be used to provide housing assistance on behalf of very low income persons and families in order to help them meet their housing costs, thereby preventing homelessness resulting from their inability to meet such costs, and to maximize the opportunity for homeless families and individuals to obtain housing in the private market. This subdivision is also intended to assist persons and families who are receiving public assistance or have recently graduated from public assistance to low wage jobs and persons with disabilities to enable them to afford decent, safe housing.

204-C:81 Definitions. In this subdivision:

I. "Extremely low income persons or families" means individuals or families whose gross income is 30 percent or less of the median income of single persons or families as adjusted for family size, as applicable, as published periodically by the United States Department of Housing and Urban Development.

II. "Fund" means the homeless prevention fund.

III. "Housing assistance payments" means rent subsidies, security deposit advances, mortgage assistance payments, and any other shelter cost-related payments made on behalf of very low income households.

IV. "Minor child" means a person under 18 years of age.

V. "Severely rent burdened" means a household for which the monthly rent and utility costs exceed 50 percent of the gross monthly income.

VI. "Very low income households" means individuals or families whose gross income is 50 percent or less of the median income, adjusted for household size, as published periodically by the United States Department of Housing and Urban Development.

204-C:82 Fund Established.

I. There is hereby established within the authority a homeless prevention fund. The fund shall be comprised of sums appropriated from the general fund, donations from private persons or entities, grants, set-asides, and other appropriations authorized by law. All sums from government appropriations or grants shall be credited to the fund, but such sums shall not be deemed to be money received on account of the state, and nothing in this subdivision shall be understood as pledging the faith and credit of the state.

II. The authority shall use moneys deposited in the fund for the following purposes:

(a) Direct housing assistance payments to eligible very low income persons or households.

(b) Payments to property owners to reimburse them for certain financial losses associated with the rental of a housing unit to a participant in the homeless prevention program authorized by this subdivision.

(c) The provision and coordination of services, such as jobs, training, financial counseling, and other supportive services, which are made available to very low income households participating in the homeless prevention program.

(d) The creation of new or rehabilitated dwelling units to be made available to very low income households assisted under this subdivision.

(e) Matching grants to units of local government or local housing authorities established under RSA 203 to support homeless prevention programs for very low income households.

(f) The purchase of existing single family homes by or on behalf of low income households or to prevent the household occupants from becoming homeless.

204-C:83 Program Design. The homeless prevention fund shall be administered so as to promote the following goals and objectives:

I. Applications for the benefits provided under this subdivision shall be streamlined so as to enable the authority to provide assistance to the eligible households as quickly as practicable.

II. The program shall be as flexible as possible in order to maximize housing opportunities for very low income people.

III. Give priority to very low income persons or families who are:

(a) At households which include an employed person or a person in an employment training program.

(b) Households which include a minor child or children, and the household is homeless or at risk of homelessness due to severe rent burden.

(c) Households which are actually experiencing homelessness, and are currently residing in homeless or emergency shelters or receiving services as defined in rules adopted pursuant to RSA 204-C:85.

(d) Households which consist of one or more disabled person(s) as defined in 42 U.S.C. 121026(2).

IV. Only persons who have been residents of the state of New Hampshire for at least 6 months shall be eligible for assistance under this subdivision.

V. Assistance shall only be provided to eligible households for dwelling units located in New Hampshire.

VI. Assistance granted to a household under this subdivision shall terminate after 36 consecutive months, provided however that the authority shall extend the assistance beyond this time limit when it is necessary to:

(a) Enable a household member to complete an education, training or vocational rehabilitation program in which he or she is currently involved when the 36-month time limit expires.

(b) Provide reasonable accommodation for the disability of a household member.

(c) Prevent an employed household member from facing a serious risk of job loss due to inability to obtain affordable housing within a reasonable distance from his or her job.

VII. All households which receive assistance under this subdivision shall, within 60 days of obtaining such assistance, make an application to their local public housing authority or the authority for federal rental assistance.

VIII. No public housing authority created pursuant to RSA 203 shall reject an applicant for federal rental assistance or deny such applicant a priority on its waiting list for which such applicant would otherwise qualify, on the basis that such applicant is receiving rental assistance under this subdivision.

204-C:84 Investment of Funds. Moneys deposited into the fund may be invested by the authority. Income earned from such investments shall be returned to the fund, provided, however, that the authority may use up to 10 percent of any such investment income to defray the cost of administering this subdivision.

204-C:85 The authority shall adopt rules, pursuant to RSA 204-C:53, governing the homeless prevention fund. Such rules shall include:

I. The nature and extent of the rent subsidy authorized under this subdivision.

II. Qualifications of households eligible to receive direct housing assistance payments.

III. The nature and extent of ancillary payments on behalf of eligible households to prevent homelessness.

IV. The types of supportive services which may be eligible for payment from the fund.

V. The application process for benefits under this subdivision.

VI. The method of distribution of program funds.

VII. Any other matters necessary for the administration of this subdivision.

Amend the bill by replacing sections 5 and 6 with the following:

5 Appropriation; Department of Health and Human Services; Homeless Prevention Fund. The sum of $1 shall be appropriated to the department of health and human services for the fiscal year ending June 30, 2001 for the purposes of section 2 of this act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

6 Effective Date. This act shall take effect January 1, 2001.

2000-3160s

AMENDED ANALYSIS

This bill replaces the housing assistance fund trust fund with a homeless prevention fund, and makes and appropriation therefor.

Senate Transportation

January 12, 2000

2000-3063s

01/10

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

1 Minimum Age for Operation. RSA 270:30 is repealed and reenacted to read as follows:

270:30 Minimum Age for Operation. No person 18 years of age or under shall operate a motor vessel on the public waters of this state unless the person has a valid safe boater education certificate; or is accompanied by a person 18 years of age or older who has a valid safe boater education certificate, and such person shall be liable for personal injury or property damage which may result from such operation. Whoever violates this section shall be guilty of a violation.

2 Boat Safety Course. Amend the introductory paragraph of RSA 270:46-a, III to read as follows:

III. In addition to any other penalty imposed, any person who is convicted of violating any of the following boating laws or rules of the division of safety services, and who has not already successfully completed an approved boating safety course shall complete a boat safety course, at that person's own expense, within 6 months of conviction. Any person who fails to complete the boat safety course within 6 months may be prevented from reregistering the boat:

3 New Subdivision; Boating Safety Education. Amend RSA 270-D by inserting after section 9 the following new subdivision:

Safe Boater Education

270-D:10 Certificate Required.

I.(a) No person born on or after the dates provided in this section shall operate a motorized vessel with any type of power motor on the public waters of this state without first obtaining a certificate of boating safety education in accordance with this subdivision:

Date of Birth Certificate Required

January 1, 1983 January 1, 2001

January 1, 1977 January 1, 2003

January 1, 1973 January 1, 2004

January 1, 1967 January 1, 2005

All January 1, 2006

(b) If for any reason it becomes evident during the instructional program that the 5-year phase-in schedule is not appropriate, the commissioner may adjust the phase-in program as necessary.

II. The safe boater education course shall meet minimum standards established by the commissioner designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorized vessel and consistent with the public policies expressed in RSA 270. While the instruction shall cover conditions unique to New Hampshire, the curriculum shall be broad enough so that certificates awarded will be honored by other states on the basis of reciprocity.

III. The commissioner may enter into contracts with individuals, public or private corporations or institutions for assistance in developing, assisting, and conducting safe boater education courses.

IV. The commissioner shall establish minimum requirements for the qualification of safe boater education instructors. The minimum requirements shall include, but not be limited to, the following:

(a) The instructor shall be 18 years of age or older.

(b) The instructor shall have at least 2 years of recent boating experience.

(c) The instructor shall hold a certificate evidencing successful completion of a safe boater education course that meets or exceeds the requirements of this subdivision, a certificate from the United States Coast Guard, or a certificate from the United States Power Squadron.

V. The commissioner may appoint one or more training specialists who shall assist in establishing safe boater education courses throughout the state, support and implement program guidelines and supervise instructors.

VI. In establishing the safe boater education course of instruction and examination pursuant to this section, the commissioner may offer a correspondence course through electronic or other means that is consistent with the applicable standard of competency and safety established by this section.

270-D:11 Possession Required; Penalty.

I. Any person required to have a safe boater education certificate shall:

(a) Possess the certificate when operating a motorized vessel on the public waters of the state.

(b) Present the certificate upon the demand of a marine patrol officer.

II. No person charged with a violation of this section shall be convicted if, within a period of 48 hours, the person presents to the officer evidence that he or she held a valid safe boater education certificate which was in effect at the time of the violation.

III. Enforcement of this section shall be accomplished only as a secondary action when an operator of a motorized or registered vessel has been cited or charged with a violation or some other offense.

IV. Any person who violates this section shall be guilty of a violation punishable by a fine $50 for a first offense and $250 for any subsequent offense.

270-D:12 Exemption. A person who is licensed by the state of New Hampshire or the United States Coast Guard to operate a commercial vessel shall be exempt from the requirements of this subdivision.

270-D:13 Issuance of Safe Boater Education Certificate.

I. The commissioner or designee shall issue a safe boater education certificate to a person who:

(a) Passes a boating safety education course approved by the commissioner. The course shall provide a minimum of 8 hours of instruction. The minimum passing grade for the course shall be 80 percent; or

(b) Passes a boating safety equivalency examination administered by persons approved to offer boating safety education courses. The minimum passing grade for the examination shall be 80 percent. A certificate issued to a person passing the equivalency examination shall specify that the certificate is issued as evidence of satisfactory completion of a safe boating examination and entitles the holder to operate a vessel on the public waters of New Hampshire and may be recognized in other states.

II. Once issued, the certificate of safe boater education shall be valid for the lifetime of the person and may not be revoked by the department of safety or a court without cause and a hearing in accordance with RSA 541-A.

III. The commissioner, or designee, shall replace a lost or destroyed certificate upon written request of the person entitled thereto and payment of the prescribed fee, and such copy shall have the same form and effect as the original.

270-D:14 Temporary Certificate. The commissioner, or designee, shall issue a temporary certificate of safe boating education to a person who passes a temporary safe boater examination administered by the department or its agents and approved by the commissioner. The temporary certificate of safe boater education shall be valid for up to 14 days and shall entitle the holder only to operate a vessel on the public waters of New Hampshire. Any dealer or renter of boats or employee thereof, who has passed the boating safety education course as provided in RSA 270-D:13, I(a) and is approved by the commissioner, may administer the temporary safety examination and issue a temporary certificate.

270-D:15 Certificate Not Required. A person shall not be required to obtain a certificate of safe boater education if the person holds a certificate from another state indicating successful completion of boating safety education that meets or exceeds the requirements of this subdivision, a certificate from the United States Coast Guard Auxiliary, or a certificate from the United States Power Squadron.

270-D:16 Education Material. Upon request, the commissioner or agent authorized by the commissioner shall provide safe boater education materials to persons who plan to take the safe boater education course.

270-D:17 Course Fee. The department, or its agents, offering a safe boating education course may charge a fee for attendance at the course. The fee shall not exceed the costs incurred by the department, or its agents, in offering the course divided by the number of students attending the course and shall not exceed $50.

270-D:18 Insurance Discount. The insurance commissioner may adopt rules under RSA 541-A requiring admitted insurers to provide a reduction in premium rates for vessel liability insurance to qualified vessel operators who provide proof of successful completion of an approved safe boater education course.

270-D:19 Voluntary Attendance. Nothing in this section shall prohibit any person over 18 years of age from attending a safe boater education course approved by the commissioner under this subdivision and obtaining a safe boater education certificate upon successful completion of the safe boater education course, prior to dates indicated on the phase-in schedule.

270-D:20 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. Approval of boating safety education courses.

II. Criteria for boating safety equivalency examinations.

III. The enforcement of provisions of this subdivision and the rules adopted pursuant to it.

270-D:21 Report. The commissioner of the department of safety shall submit a report to the governor, the president of the senate, and the chairpersons of the senate transportation committee and house resources, recreation and development committee not later than November 1, 2001.

4 Effective Date. This act shall take effect January 1, 2001.

2000-3063s

AMENDED ANALYSIS

This bill requires that persons born after a specified date possess a safe boater education certificate.

Senate Education

January 19, 2000

2000-3140s

04/01

Amend the bill by inserting after the enacting clause the following and renumbering the original sections 1-6 to read as sections 2-7, respectively:

1 Purpose.

I. Since the start of the TANF program in 1996, New Hampshire has developed a welfare reform model emphasizing the importance of "work first". While many low income single parent families are now working, much of the employment is in jobs providing earnings below the poverty level. Typically, these jobs do not include employer benefits such as health insurance.

II. The success of welfare reform depends both on helping welfare recipients to work steadily and on finding better jobs. Not enough attention has been paid to how low income families will achieve long-term economic independence and self-sufficiency.

III. A key question facing New Hampshire’s welfare reform program is the role of post-secondary education. Rigorous research on welfare-to-work programs shows that programs which have succeeded in helping welfare recipients find higher paying jobs with benefits have included a job training and post-secondary education component. Even though it is clear that education improves earnings, New Hampshire has minimized the role of education and has made it extremely difficult for welfare recipients to pursue education.

IV. The architects of welfare reform in our state must examine the role of post-secondary education in its welfare reform. New Hampshire must develop welfare reform that allows more recipients to escape low paying jobs and government dependency. Not enough attention has been paid either to the importance of post-secondary education nor the possible ways the state could support access to post-secondary education under TANF. Therefore, the general court finds it necessary to study the issue of post-secondary education as it relates both to the TANF and low-income population.

Amend the bill by replacing section 2 with the following:

2 Commission Established. There is established a commission to study the relationship between postsecondary education and recipients of temporary assistance to needy families.

Amend the bill by replacing section 4 with the following:

4 Duties.

I. The commission shall study the relationship between post-secondary educational opportunities in the state and their effect on recipients of temporary assistance to needy families, including but not limited to the effect of obtaining a postsecondary education on an individual’s ability to thrive without the support or assistance of temporary assistance to needy families.

II. The commission shall study, take public testimony, make recommendations’ and prepare a report on issues including, but not limited to: how successful New Hampshire’s welfare reform program has been in helping recipients achieve long-term economic independence, what education options are currently open to recipients, and options are possible to increase access to post-secondary educate for low income parents. The study commission shall seek, and invite by letter, input from the departments of health and human services and employment security, the university of New Hampshire school of health and human services New Hampshire Legal Assistance, the regional community-technical college system, New Hampshire Job Training council, the New Hampshire Women’s Lobby, and the commission on the status of women pursuant to RSA 19-B. The commission shall also welcome input from other interested parties.

III. The commission may study any related issues which they deem to be in furtherance of the commission’s objectives.

Environment

January 28, 2000

2000-3234s

08/01

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

AN ACT establishing a committee to study pollution prevention and pretreatment programs for reducing pollutant levels in sewage sludge.

Amend the bill by replacing sections 1 and 2 with the following:

1 Purpose. The general court recognizes that there is an ongoing scientific debate about the potential for environmental contamination caused by pollutants associated with using sewage sludge for agricultural, land application, and reclamation purposes. The purpose of this study committee is to recommend pollution prevention and pretreatment programs that cities and towns can adopt that will reduce the levels of pollutants discharged to sewers and wastewater treatment plants, resulting in cleaner sewage sludge.

2 Committee Established. There is established a committee to study pollution prevention and pretreatment programs for reducing pollutant levels in sewage sludge.

Amend the bill by replacing paragraph I of section 4 with the following:

I. Recommend a pollution prevention program that will significantly reduce pollutant levels in sewage sludge at wastewater treatment plants around the state. The program should include a combination of strong industry regulation and pollution prevention to reduce and minimize the levels of pollutants that may enter sewer systems.

Amend the bill by replacing section 6 with the following:

6 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2001.

2000-3234s

AMENDED ANALYSIS

This bill establishes a committee to study pollution prevention and pretreatment programs for reducing pollutant levels in sewage sludge.

Environment

January 28, 2000

2000-3238s

08/09

Amend RSA 227-M:3, II as inserted by section 1 of the bill by replacing it with the following:

II. The authority shall be governed by a board of directors (the board) composed of 16 members. Voting members shall not appoint designees to act in their places. The chairperson shall be elected from among the public members. Board membership shall be as follows:

(a) Two members of the senate, to be appointed by the senate president.

(b) Two members of the house of representatives, to be appointed by the speaker of the house.

(c) Six public members, 2 of whom shall represent natural resources and outdoor recreation interests, 2 of whom shall represent cultural and historic resource interests, one of whom shall represent business or real estate interests, and one of whom shall represent municipal and local planning interests, to be appointed by the governor and council.

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

(e) The commissioner of the department of cultural resources, or designee.

(f) The commissioner of the department of resources and economic development, or designee.

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

(h) The commissioner of the department of agriculture, markets, and food, or designee.

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

Amend RSA 227-M:7, III(c) as inserted by section 1 of the bill by replacing it with the following:

(c) Restoration or rehabilitation of buildings or structures which are publicly-owned, or which are owned by a qualified publicly-supported nonprofit corporation.

Amend RSA 227-M:8, I(a) as inserted by section 1 of the bill by replacing it with the following:

(a) Imminence of threat to the land or property, such that land conservation projects in rapidly developing areas of the state shall receive a higher ranking;

Amend RSA 227-M:8, I(e) as inserted by section 1 of the bill by replacing it with the following:

(e) Strength of local support, such that project applications accompanied by an affirmative vote of the governing body of the municipality or governing bodies of the municipalities in which the project is located shall receive a higher ranking;

Amend RSA 227-M:10, II as inserted by section 1 of the bill by replacing it with the following:

II. The authority is authorized to make funds available for resource stewardship, either in conjunction with protection activities or as a stand-alone request. Deferred maintenance on existing publicly-owned natural, cultural, and historical resources shall not be an eligible use of funds from the program. Historically significant buildings and structures which are publicly-owned, or which are owned by a qualified publicly-supported nonprofit corporation, shall be eligible for funding for restoration and rehabilitation work consistent with the historical nature of the structure.

Amend the bill by replacing all after section 4 with the following:

5 Appropriation; New Hampshire Land and Community Heritage Authority. The sum of $6,000,000 is hereby appropriated to the New Hampshire land and community heritage authority established in section 1 of this act for the purposes of this act for the biennium ending June 30, 2001.

6 Bonds Authorized. To provide funds for the appropriation made in section 5 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $6,000,000 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest on the bonds and notes shall be made from the general fund of the state.

7 Appropriation; Administrative Costs. The sum of $200,000 is appropriated to the New Hampshire land and community heritage authority established in section 1 of this act, for the purpose of funding administrative costs of the authority for the biennium ending June 30, 2001. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. This appropriation shall be nonlapsing.

8 Effective Date. This act shall take effect July 1, 2000.

2000-3238s

AMENDED ANALYSIS

This bill:

I. Establishes the New Hampshire land and community heritage investment program.

II. Establishes the New Hampshire land and community heritage authority, and establishes its powers, duties, and authority.

III. Establishes membership on the authority’s board of directors.

IV. Establishes criteria for acquisition of lands and other natural, cultural, and historical resources.

V. Provides an appropriation to the program, $6,000,000 of which shall be bonded.

VI. Transfers responsibility for the administration of the land conservation investment program and monitoring endowment under RSA 162-C to the office of state planning.

Environment

January 28, 2000

2000-3232s

08/09

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

AN ACT exempting soil that is contaminated by lead due to use as a police training shooting range from hazardous waste cleanup fund fees.

Amend the bill by replacing section 1 with the following:

1 New Paragraph; Hazardous Waste Cleanup Fund; Exemptions. Amend RSA 147-B:9 by inserting after paragraph IV the following new paragraph:

V. Soil that is a hazardous waste due to lead contamination resulting from the use of the area as a shooting range used exclusively for law enforcement training purposes.

2000-3232s

AMENDED ANALYSIS

This bill exempts soil that is contaminated by lead due to use as a police training shooting range from hazardous waste cleanup fund fees.

Senate Executive Departments and Administration

January 18, 2000

2000-3119s

08/09

Amend RSA 310-A:20, V as inserted by section 1 of the bill by replacing it with the following:

V. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign business organization which includes the words "Engineer" or "Engineering" or any modification or derivative thereof in its corporate or business name or which includes the practice of engineering among the objects for which it is established unless the board shall have issued, with respect to such applicant, a certificate of authorization or eligibility for authorization, a copy of which shall have been presented to the secretary of state. Similarly, the secretary of state, after a reasonable transition period, shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except to partnerships, sole proprietorships and associations holding certificates of registration or authorization issued under the provisions of this subdivision, a copy of which shall likewise have been presented to the secretary of state. However, the requirements of this subdivision shall not apply to any business which uses the words "Engineer" or "Engineering" or any modification or derivative thereof in its corporate or business name, and which does not perform or require the services of a professional engineer.

2000-3119s

AMENDED ANALYSIS

This bill provides that the laws regulating engineering shall not apply to any business which uses the words "Engineer" or "Engineering" or any modification or derivative thereof in its corporate or business name, and which does not perform or require the services of a professional engineer.

Insurance

January 12, 2000

2000-3071s

01/09

Amend the bill by replacing section 2 with the following:

2 Membership and Compensation.

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

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

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

II. The committee shall solicit information and participation from representatives of affected groups, organizations, or agencies, including, but not limited to:

(a) The commissioner of insurance.

(b) The commissioner of health and human services.

(c) Health care consumers.

(d) Health care providers.

(e) Health insurers.

(f) The New Hampshire Health Information Management Association.

(g) The New Hampshire Hospital Association.

(h) Property and casualty insurers.

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

Amend the bill by replacing sections 5 and 6 with the following:

5 Report. The committee shall make an interim report on its findings together with any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2000 and shall make a final report on or before November 1, 2001.

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

2000-3071s

AMENDED ANALYSIS

This bill establishes a committee to conduct a study on the need for standards to protect health information privacy.

Insurance

January 20, 2000

2000-3150s

10/09

Amend RSA 100-A:10, II(b) as inserted by section 1 of the bill by replacing it with the following:

(b) Upon the member's attainment of age 45, provided the member would then have completed 20 years of creditable service, otherwise the subsequent date on which such 20 years would have been completed, or at any time after age 60, a group II member who meets the requirement of subparagraph (a) may make application on a form prescribed by the board of trustees and receive a vested deferred retirement allowance which shall consist of: (1) A member annuity which shall be the actuarial equivalent of accumulated contributions on the date the member's retirement allowance commences; and (2) A state annuity which, together with the member annuity, shall be equal to a service retirement allowance based on the member's average final compensation and creditable service at the time the member's service is terminated.

Insurance

January 12, 2000

2000-3060s

10/01

Amend the bill by replacing section 2 with the following:

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

Public Affairs

January 20, 2000

2000-3152s

10/09

Amend RSA 275:57, IV as inserted by section 1 of the bill by replacing it with the following:

IV. An employer who willfully violates the provisions of this section may be assessed interest and a civil penalty of up to $1,000 per violation.

Public Institutions, Health and Human Services

January 12, 2000

2000-3068s

10/09

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

AN ACT extending the reporting date and changing the name of the committee to study the licensure of radiologic technologists.

Amend the bill by inserting after section enacting clause the following and renumbering the original sections 1 and 2 to read as 3 and 4, respectively:

1 Committee Name Changed. Amend 1999, 96:1 to read as follows:

96:1 Committee Established. There is established a committee to study the licensure of [radiographers and] radiologic technologists.

2 Duties. Amend the introductory paragraph of 1999, 96:3 to read as follows:

96:3 Duties. The committee shall study the licensure of [radiographers,] radiologic technologists, and the inclusion or exception for persons operating x-ray systems designed for the irradiation of part of the human body for diagnostic or therapeutic purposes. The committee shall seek input from persons or representatives of the following:

2000-3068s

AMENDED ANALYSIS

This bill extends the reporting date and changes the name of the committee to study the licensure of radiologic technologists.

Senate Transportation

January 12, 2000

2000-3062s

01/10

Amend the bill by replacing section 1 with the following:

1 Signs for Churches; Rulemaking. Amend RSA 236:84, I(a) to read as follows:

(a) Informational and directional signs; provided that the commissioner shall adopt rules relative to signs for churches.

Senate Transportation

January 21, 2000

2000-3172s

05/10

Amend RSA 263:59, II as inserted by section 1 of the bill by replacing it with the following:

II. Physicians who make reports to the department regarding patients in their care whom they believe, in good faith, to be physically or mentally unfit to operate motor vehicles shall be given immunity from any suits brought by patients so affected.

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

2 New Section; Physician Immunity Regarding Reports of Patient Fitness to Drive to Department of Safety. Amend RSA 329 by inserting after section 25-a the following new section:

329:25-b Physician Immunity Regarding Reports of Patient Fitness to Drive. Persons authorized to practice medicine under this chapter or under the laws of any other state who make reports to the department of safety regarding patients under their care whom they believe, in good faith, to be physically or mentally unfit to operate motor vehicles, shall be given immunity from any suits brought by patients so affected.

3 Effective Date. This act shall take effect 30 days after its passage.

2000-3172s

AMENDED ANALYSIS

This bill provides immunity to physicians making reports to the department of safety regarding a patient’s physical or mental fitness to drive.

BANKS, Room 103, LOB

8:30 a.m. SB 310, relative to New Hampshire state-chartered banks.

9:00 a.m. SB 425-FN, relative to the private activity bond limit.

JUDICIARY, Room 103, SH

10:00 a.m. SB 439-FN, relative to motor vehicle offenses resulting in death or serious bodily injury.

10:30 a.m. SB 355, relative to name changes for criminal offenders.

10:45 a.m. SB 441-FN, relative to temporary orders in domestic situations where there has been no finding of abuse.

11:00 a.m. SB 448, establishing a guardians ad litem board.

11:20 a.m. SB 308, relative to the adoption of a minor child by the natural grandparents.

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. SB 344, relative to appointment of housing consumers to housing authority boards.

1:30 p.m. SB 336, relative to the issuance of fire permits.

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

9:00 a.m. SB 377, relative to peer support programs within the department of health and human services.

9:25 a.m. SB 311, relative to the recovery of public assistance.

9:50 a.m. SB 325, relative to denial, revocation or suspension of a child care provider license, permit or registration for a felony conviction.

10:25 a.m. SB367, establishing a prescription drug access study committee.

WILDLIFE & RECREATION, Room 101, LOB

2:30 p.m. SB 328, making corrections to statutory references in certain fish and game laws and adding a rulemaking provision.

2:45 p.m. SB 399-FN-A, making an appropriation to the fish and game department for the purposes of the wildlife damage control program.

ENVIRONMENT, Room 104, LOB

8:30 a.m. SB 373-FN, directing the public water access advisory board to prepare a report relating to the types of public access and recreational uses appropriate to different types of public bodies of water.

9:00 a.m. SB 396-FN-A-LOCAL, assessing a fee on water withdrawn for commercial purposes from water supply sources in the state and establishing a public water supply land protection fund.

JUDICIARY, Room 103, SH

10:00 a.m. SB 300, establishing a committee to study the administrative functions and procedures of the state court system.

10:30 a.m. SB 412-FN, adopting the "Court Integrity and Attorney's Independence Act.."

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. SB 442-FN, establishing an equipment depository and disabled person’s employment fund in the department of administrative services.

1:20 p.m. SB 437-FN, relative to retail selling.

1:50 p.m. SB 414-FN, reorganizing the divisions of the department of corrections.

INSURANCE, Room 103, SH

9:30 a.m. SB 316, relative to "most favored nation" or "equally favored nation" provisions in insurance provider contracts.

10:05 a.m. SB 332, relative to risk-based capital for health organizations.

10:40 a.m. SB 353, relative to sales of insurance by financial institutions.

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

1:00 p.m. SB 400-LOCAL, relative to access to emergency medical and trauma services.

1:25 p.m. SB 449-FN, clarifying that employees in certain department of health and human services’ positions are entitled to certain salaries and raises.

1:55 p.m. SB 391-FN, relative to criminal background checks for health care workers.

TRANSPORTATION, Room 104, LOB

2:45 p.m. SB 354, relative to an exemption from the seat belt law for passengers in motor vehicles in parades.

2:50 p.m. SB 362, relative to the length of buses and single unit vehicles.

3:05 p.m. SB 371-FN, relative to staffing of state police vehicles patrolling highways at night.

3:15 p.m. SB 339, relative to conducting a feasibility study of various alternatives to enhance safety at the traffic circle in the city of Portsmouth, and making an appropriation therefor.

3:30 p.m. SB 337-FN, requiring any person applying for or renewing a driver’s license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance.

EDUCATION, Room 105-A, SH

8:30 a.m. SB 365-LOCAL, relative to the adoption of bonds or notes in certain school districts and municipalities.

9:00 a.m. SB 366-FN, requiring an external financial audit of the university system of New Hampshire when the university system requests an appropriation that exceeds the prior appropriation by more than one percent.

9:30 a.m. SB 321, relative to a pupil’s right to learn.

JUDICIARY, Room 103, SH

10:00 a.m. SB 436-FN, relative to permanent revocation of drivers licenses for causing a fatality or serious injury while driving intoxicated.

10:30 a.m. SB 438-FN, relative to habitual simple assault.

10:50 a.m. SB 429-FN, relative to claims before the state commission for human rights.

PUBLIC AFFAIRS, Room 104, LOB

WILDLIFE & RECREATION, Room 101, LOB

2:30 p.m. SB 370, relative to reflectors on bicycle pedals.

ENVIRONMENT, Room 104, LOB

1:00 p.m. SB 411-FN, establishing the New Hampshire returnable beverage container law.

CAPITAL BUDGET, Room 103, SH

1:00 p.m. SB 380-FN-A, relative to improvements to South Fruit Street and Industrial Drive at the New Hampshire state hospital campus in the city of Concord and making an appropriation therefor.

WAYS AND MEANS, Room 103, SH

9:00 a.m. HB 235-FN-A, (New Title) increasing exemptions under the interest and dividends tax.

10:00 a.m. SB 405-FN-A-L, relative to greyhound racing.

PUBLIC INSTITUTIONS, HEALTH AND HUMAN SERVICES, Room 206 -208, LOB

10:00 a.m. SB 324, relative to personal care services and providers.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. SB 435-FN, relative to providing emergency 911 access from on-campus student housing at all postsecondary educational institutions within the state.

1:20 p.m. SB 408, relative to an animal owner's right to choose animal care.

INSURANCE, Room 103, SH

9:30 a.m. SB 327, relative to responsibility of the employee and perjury under workers’ compensation.

10:40 a.m. SB 393, relative to single producer licensing.

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

1:00 p.m. SB 422-FN, relative to the housing security guarantee loan program.

1:30 p.m. SB 428-FN-A, relative to the development of certain public health initiatives and making an appropriation therefor.

2:00 p.m. SB 383, requiring managed care organizations and the department of health and human services to pay health care providers in a timely manner.

TRANSPORTATION, Room 104, LOB

2:45 p.m. SB 381-FN, relative to registration fees for off-highway recreation vehicles.

3:00 p.m. SB 440, relative to after market parts.

3:15 p.m. CACR 38, Relating to: use of highway fund revenues. Providing that: an amount not to exceed 9 percent of highway revenues shall be used to maintain and improve New Hampshire's rail infrastructure.

3:30 p.m. SB 387-FN-L, relative to proposed toll booths in the city of Nashua and relative to alternatives to the state wide toll booth system.

EXECUTIVE SESSION ON ANY OUTSTANDING BILLS TO FOLLOW HEARINGS

EDUCATION, Room 105-A, SH

8:30 a.m. SB 431, relative to certain secondary vocational education programs.

9:00 a.m. SB 397-FN-A-LOCAL, making an appropriation from the education trust fund for certain alternative kindergarten programs.

9:30 a.m. SB 432-FN-A, relative to state assistance for teachers applying for national board certification, and making an appropriation therefor.

JUDICIARY, Room 103, SH

10:00 a.m. SB 305, relative to payments to defeat eviction for nonpayment of rent.

10:25 a.m. SB 309, relative to the criteria for awarding or modifying alimony.

10:45 a.m. SB 343, relative to disclosures concerning sexual offenders in sales of real property.

11:10 a.m. SB 349, relative to the sale of the marital residence or other real property in a domestic proceeding.

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. SB 306, relative to landlord access to a tenant’s premises.

1:30 p.m. SB 329, relative to the display of tobacco products.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. SB 378, relative to Article 9 of the Uniform Commercial Code.

1:30 p.m. SB 404-FN, relative to costs in utility proceedings.

2:15 p.m. SB 416-FN, relative to licensure of dietitians.

INSURANCE, Room 103, SH

9:30 a.m. SB 409-FN, relative to health insurance coverage of qualified clinical trials.

10:30 a.m. SB 395-FN-LOCAL, relative to creditable service for eligibility by retired teachers for payment of medical benefits.

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

1:00 p.m. SB 424, relative to controlled substances used for terminally ill persons.

1:30 p.m. SB 444-FN, relative to methadone maintenance treatment.

2:00 p.m. SB 445-FN, establishing an opioid treatment pilot program.

2:30 p.m. SB 326, eliminating the joint health council.

JUDICIARY, Room 103, SH

10:00 a.m. SB 413-FN, relative to confidentiality of addresses for victims of domestic violence, stalking, or sexual assault.

10:25 a.m. SB 386-FN-LOCAL, relative to names on birth certificates and affidavits of paternity.

10:40 a.m. SB 418, relative to liquor liability insurance coverage.

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. SB 312, relative to fluoride.

EXECUTIVE SESSION IMMEDIATELY FOLLOWING THESE HEARINGS ON PENDING LEGISLATION.

NH DEPARTMENT OF TRANSPORTATION Meeting Room Town office 10 Goohdue Road (Behind police Station ) Jaffrey, NH

8:00 a.m. Jaffrey Selectmen Meeting - Jaffrey Peterborough 12866 US 202 Rehabilitation

NH DEPARTMENT OF TRANSPORTATION Southern NH Planning Comm. 438 Dubuque St. Manchester, NH

4:00 p.m. Organizational Meeting of The Committee - Congestion Mitigation and Air Quality Advisory Committee Meeting

DAM MANAGEMENT REVIEW COMMITTEE (RSA 482:93) Room 305, LOB

10:30 a.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Organizational Meeting

DCYF FIELD PRACTICES STUDY COMMITTEE (SB 65, Chapter 29:2, Laws of 1999) Room 105-A SH

3:00 p.m. Executive Session

NH DEPARTMENT OF TRANSPORTATION Salem Town Office 33 Geremonty Drive Salem, NH

7:00 p.m. Mtg. w/Salem Conservation Commission - Salem 13119 I-93/Exit 1, Park N Ride and Bus Service Facility

SENATE RULES COMMITTEE Room 302, SH

Immediately following session there will be a brief meeting to hear request from members to introduce new legislation.

NH DEPARTMENT OF TRANSPORTATION Somersworth High School Café, Memorial Drive, Somersworth

6:00 p.m. Meeting #14 - Technical Advisory Task Force Meeting Exit 10 Interchange Study, 11429

ADEQUATE EDUCATION & EDUCATION FINANCING COMMISSION (RSA 198:49, I) Room 210-211, LOB

9:00 a.m. Regular Meeting

ELECTRIC UTILITY OVERSIGHT COMMITTEE (RSA 374-F:5) Room 304, LOB

9:30 a.m. Regular Meeting

PERMISSIBLE FIREWORKS REVIEW COMMITTEE (RSA 160-B:23) Room 204, LOB

9:30 a.m. Regular Meeting

SEED STERILIZATION TECHNOLOGY STUDY (HB 291 Chapter 282:2, Laws of 1999) Room 303, LOB

1:00 p.m. Regular Meeting

STATEWIDE EDUCATION IMPROVEMENT & ASSESSMENT PROGRAM LEGISLATIVE OVERSIGHT (RSA 193-C:7) Room 207, LOB

1:00 p.m. Regular Meeting

UPGRADE OF ROUTES 11 AND 140 STUDY (HB 541 Chapter 145:1, Laws of 1999) Room 201, LOB

1:30 p.m. Regular Meeting

NEW HAMPSHIRE COMMISSION ON THE SMITHSONIAN FESTIVAL OF AMERICAN FOLKLIFE (SJR 20, Chapter 204, Laws of 1996) Room 205, LOB

3:00 p.m. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION Town Hall. Francestown, NH

7:00 p.m. Public Officials - Francestown, 13030 Pavement rehabilitation and Sidewalk reconstruction along NH 47

FISCAL COMMITTEE OF THE GENERAL COURT Room 210 - 211 LOB

9:00 a.m. Regular Business

9:30 a.m. Audits: State of New Hampshire Single Audit of Federal Financial Assistant Programs For the Year Ended June 30, 1999: NH Retirement System Management Letter For Fiscal Year Ended June 30, 1999

SENATE FISCAL TASK FORCE COMMITTEE Room 103 SH

3:00 p.m. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION Nashua City Hall Aud. 229 Main street Nashua, NH

7:00 p.m. Combined Public Officials/ Informational Meeting - Nashua, 10623-L (turnpike) Construction of Welcome Center

NH DEPARTMENT OF TRANSPORTATION Madbury Town Hall 13 Town Hall Road Madbury, NH

7:00 p.m. Public Officials Meeting - Madbury, 12922 Replacement of the NH 155 Bridge Over the B&M Railroad

NH DEPARTMENT OF TRANSPORTATION Belmont High School Seavey Rd., Belmont, NH

7:00 p.m. Advisory Task Force Meeting - Belmont, 12792 (NH 140 Bypass Study

ADEQUATE EDUCATION & EDUCATION FINANCING COMMISSION (RSA 198:49, I) Room 210-211, LOB

9:00 a.m. Regular Meeting

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

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

WOMEN'S HEALTH CARE STUDY (HB 214 Chapter 42:1, Laws of 1999) Room 302, LOB

12:00 p.m. Regular Meeting

LAND USE MANAGEMENT AND PROTECTION OF FARMLAND, RURAL CHARACTER AND ENVIRONMENTAL QUALITY AND SPRAWL STUDY (HB 288,Chapter 23:3, Laws of 1999) Room 302, LOB

2:00 p.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION Old Town Hall 45 Summers St. Bristol, NH

7:00 p.m. Public Officials/Info Meeting - Danbury/Alexandria/Bristol Pavement Rehabilitation NH 3A/Smith River Road

NH DEPARTMENT OF TRANSPORTATION Franklin City Hall 316 Central St. Franklin, NH

7:30 p.m. Councilmen Meeting - U.S. Rte. 3/N.H. Route 11 with West Bow Street Franklin 12619 U.S. Route 3/NH Route 11 with Kendall St.

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

ADEQUATE EDUCATION & EDUCATION FINANCING COMMISSION (RSA 198:49, I) Room 210-211, LOB

9:00 a.m. Regular Meeting

WOMEN'S HEALTH CARE STUDY (HB 214 Chapter 42:1, Laws of 1999) Room 302, LOB

Cancelled. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION Town House 1 Grove St. (Across from Granite Bank) Peterborough, NH

7:00 p.m. Peterborough Selectmen Meeting - Jaffrey-Peterborough 12866 US 202 Rehabilitation

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

ADEQUATE EDUCATION & EDUCATION FINANCING COMMISSION (RSA 198:49 I) Room 210-211, LOB

9:00 a.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

ADEQUATE EDUCATION & EDUCATION FINANCING COMMISSION (RSA 198:49, I) Room 210-211, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

ADEQUATE EDUCATION & EDUCATION FINANCING COMMISSION (RSA 198:49, I) Room 210-211, LOB

9:00 a.m. Regular Meeting

NEW HAMPSHIRE COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2), Room 103, SH

9:00 a.m. Endowment Subcommittee Report

WOMEN'S HEALTH CARE STUDY (HB 214 Chapter 42:1, Laws of 1999) Room 302, LOB

11:00 a.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

ADEQUATE EDUCATION & EDUCATION FINANCING COMMISSION (RSA 198:49, I) Room 210-211, LOB

9:00 a.m. Regular Meeting

NEW HAMPSHIRE COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195- H:2), Room 103, SH

9:00 a.m. Investment Subcommittee Meeting.

10:00 a.m. Full Commission Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

ADEQUATE EDUCATION & EDUCATION FINANCING COMMISSION (RSA 198:49, I) Room 210-211, LOB

9:00 a.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

Applicants are available for the New Hampshire Order of Women Legislators Scholarship. Your constituents may pick them up in their college's financial aid office or you may get them from the House Secretarial Services Office on the 4^th floor of the LOB. New Hampshire residents who are obtaining transitional education in their field endeavor toward a field of public service are eligible. All pertinent information is included in the scholarship application.

Senator Beverly Hollingworth

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Members of the NH Senate and House are encouraged to utilize the complimentary ski privileges afforded them. Upon presentation of proper credentials at the ticket window, NH Senators and Representatives may receive a lift ticket for their personal use and one for a guest. The elected official must be present to personally present the credentials, unless prior arrangement is made with Commissioner Bald. Lift tickets are to be picked up at Guest Services or the Ticket Window at Cannon.

Senator Beverly Hollingworth

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The following Legislative Tourism Caucus will be held at the Eagles Nest Restaurant (directly across from State House) from 3:30 p.m. to 5:30 p.m. Wine and cheese will be served courtesy of a generous sponsor and the New Hampshire Travel Council and the New Hampshire Lodging and Restaurant Association.

"Investing in New Hampshire’s Land and Community Heritage"

Speakers: Tom Burack, chair, New Hampshire Land and Community Heritage Commission.

"Director’s Report on the Newly-Created "Division" and Advisory Committee on Travel and

Tourism"

Speaker: Laurie Ostrander Klefos, Director, New Hampshire Division of Travel and Tourism Development.

"Festival New Hampshire – A Statewide Event For the Millennium"

Speaker: Michael Chaney, Executive Director, Celebrate New Hampshire Culture.

"Transportation and Tourism"

Speakers: J. Brian O’Neill, Assistant Airport Director, Manchester Airport; Carl Lindblade, Executive Director, Flying Yankee Restoration Group, Inc.

We hope that you will mark your calendar and join us as we explore issues of importance to the state’s tourism industry as well as provide an opportunity to network with tourism representatives. These events are designed to be educational, yet informal. Each presentation will be followed by a question/answer period and open discussion of current tourism issues is strongly encouraged. Hope to see you there!

Senate President, Beverly Hollingworth

Senate Republican Leader, Carl Johnson

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Senator Beverly Hollingworth

Senator Carl Johnson

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Senator Ned Gordon

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Senator Sylvia B. Larsen

******

Senator Lou D'Allesandro

Thursday, Feb. 3, 10, & 17, 24, 2000 Session Days

Monday, February 28-March 6, 2000 Vacation Week

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