February 28, 2008
No. 9A
STATE OF
WEB SITE ADDRESS:
www.gencourt.state.nh.us
Legislative
SENATE
CALENDAR
ADDENDUM
REPORTS,
AMENDMENTS
THE SENATE WILL MEET IN SESSION ON THURSDAY, MARCH 6, 2008 AT 1:00 P.M.
REPORTS
COMMERCE, LABOR AND CONSUMER PROTECTION
SB 301-FN, requiring insurers to cover prescriptions filled near the patient's residence.
Ought to pass with amendment, Vote 5-1
Senator Cilley for the committee.
SB 494-FN, relative to compulsory coverage requirements under workers' compensation.
Inexpedient to Legislate, Vote 4-2
Senator DeVries for the committee.
SB 501-FN, relative to a workers' compensation exclusion.
Ought to pass with amendment, Vote 5-0
Senator Roberge for the committee.
SB 502-FN, relative to unemployment compensation.
Ought to pass with amendment, Vote 5-0
Senator Reynolds for the committee.
HEALTH AND HUMAN SERVICES
SB 512-FN, relative to emergency management powers.
Ought to pass with amendment, Vote 5-0
Senator Sgambati for the committee.
SB 514-FN, relative to mercury exposure reduction and requiring insurance coverage for mercury-free fillings, vaccines, and injections for certain persons.
Inexpedient to Legislate, Vote 3-2
Senator Estabrook for the committee.
PUBLIC AND MUNICIPAL AFFAIRS
SB 508-FN-L, relative to municipal deposits.
Ought to pass with amendment, Vote 5-0
Senator Barnes for the committee.
WAYS AND MEANS
SB 308-FN-A, restoring certain foreign dividend deductions under the business profits tax and an exemption to the real estate transfer tax.
Ought to pass with amendment, Vote 5-0
Senator Odell for the committee.
SB 310-FN, relative to changes to games of chance.
Ought to pass with amendment, Vote 5-0
Senator Downing for the committee.
SB 333-FN-A-L, establishing an exemption from the real estate transfer tax.
Interim Study, Vote 5-0
Senator Reynolds for the committee.
SB 515-FN-A, relative to relief from business taxes for self-employed business owners returning from active duty deployment in the armed forces.
Ought to pass with amendment, Vote 4-0
Senator Downing for the committee.
AMENDMENTS
Sen. Clegg, Dist. 14
February 19, 2008
2008-0684s
01/04
Amendment to SB 301-FN
Amend the title of the bill by replacing it with the following:
AN ACT requiring insurers to cover prescriptions for durable medical equipment filled near the patient’s residence.
Amend the bill by replacing sections 1 and 2 with the following:
1 New Section; Coverage for Prescriptions for Durable Medical Equipment Filled Near Patient’s Residence; Individual. Amend RSA 415 by inserting after section 6-n the following new section:
415:6-o Coverage for Prescriptions for Durable Medical Equipment Filled Near Patient’s Residence; Individual. Each insurer that issues or renews any individual policy, plan, or contract of accident or health insurance providing benefits for medical or hospital expenses, shall provide to certificate holders of such insurance, who are residents of this state, coverage for prescriptions for durable medical equipment filled within 10 miles of the patient’s residence; provided that such provider shall accept the amount the insurer compensates its other providers for such coverage. The benefits included in this section shall not be subject to any greater deductible than any other benefits provided by the insurer. The coinsurance required by the certificate holder shall not exceed the amount allowed under the contract for the reasonable and customary charge for the services provided. This section shall not be subject to the provisions of RSA 400-A:39-a.
2 New Section; Coverage for Prescriptions for Durable Medical Equipment Filled Near Patient’s Residence; Group. Amend RSA 415 by inserting after section 18-s the following new section:
415:18-t Coverage for Prescriptions for Durable Medical Equipment Filled Near Patient’s Residence; Group. Each insurer that issues or renews any policy of group or blanket accident or health insurance providing benefits for medical or hospital expenses, shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state, coverage for prescriptions for durable medical equipment filled within 10 miles of the patient’s residence; provided that such provider shall accept the amount the insurer compensates its other providers for such coverage. The benefits included in this section shall not be subject to any greater deductible than any other benefits provided by the insurer. The coinsurance required by the certificate holder shall not exceed the amount allowed under the contract for the reasonable and customary charge for the services provided. This section shall not be subject to the provisions of RSA 400-A:39-a.
2008-0684s
AMENDED ANALYSIS
This bill requires insurers to cover prescriptions for durable medical equipment filled near the patient’s residence.
Senate Ways and Means
March 4, 2008
2008-0820s
09/01
Amendment to SB 308-FN-A
Amend the title of the bill by replacing it with the following:
AN ACT restoring certain foreign dividend deductions under the business profits tax.
Amend the bill by replacing all after section 1 with the following:
2 Applicability. Section 1 of this act shall apply to returns and taxes due on account of taxable periods ending after June 30, 2007.
3 Effective Date. This act shall take effect upon its passage.
2008-0820s
AMENDED ANALYSIS
This bill restores certain foreign dividend deductions under the business profits tax. The deductions were repealed in 2007.
Senate Ways and Means
March 4, 2008
2008-0839s
08/09
Amendment to SB 310-FN
Amend RSA 287-D:2-a, V(c) as inserted by section 1 of the bill by replacing it with the following:
(c) That
neither the applicant nor any person who will be participating in the operation
of the games of chance has, in any jurisdiction, been
convicted of a felony or a class A misdemeanor within the
previous 10 years which has not been annulled by a court or a class
B misdemeanor [involving falsehood or dishonesty] within the
previous 5 years which has not been annulled by a court, or has ever violated
any statutes or rules governing charitable gambling.
Amend the bill by replacing section 3 with the following:
3 Operation of Games of Chance. Amend RSA 287-D:2-b, III-VI to read as follows:
III. No one under
the age of 18 years shall be admitted to the premises on which games of chance
are being conducted, except when the games are being conducted at a
carnival. Proof of age shall be produced
upon request of the [lottery] pari-mutuel commission. When games of chance are conducted at a
carnival, persons under the age of 18 years may be admitted to the premises on
which the games are being conducted when accompanied and supervised by a parent
or legal guardian; but persons under the age of 18 shall not be permitted to
play games of chance at a carnival.
IV. No games of chance shall be conducted prior to 11:00 a.m. on a weekday or Saturday, prior to noon on a Sunday, or after 1:00 a.m. on any day.
V. No person operating a game of chance and no person who has leased out a facility or sold or leased game of chance paraphernalia or related equipment to a charitable organization for use during games of chance shall participate or play in any game conducted at that location on that date.
VI. Subject
to the provisions of RSA 287-D:8, II, no person who has, in
any jurisdiction, been convicted
of a felony or class A misdemeanor within the previous 10 years which has not been
annulled by a court, [or a] class B misdemeanor within the past 5 years
which has not been annulled by a court, or who has ever violated any of the
statutes or rules governing charitable gambling in the past [in this or any
other state] shall operate a game of chance licensed under this chapter, or
rent, lease, sublease, or otherwise provide any hall or game of chance
paraphernalia for the conduct of games of chance licensed under this chapter.
Amend the bill by replacing section 13 with the following:
13 Background and Criminal Records Check. Amend RSA 287-D:8, II-III to read as follows:
II. Upon receipt of an applicant's criminal record
information, the pari-mutuel commission shall make a determination of
eligibility for licensure and whether the applicant is fit to be
associated with games of chance in
III. All applicants shall also be subject to a national criminal background check, including the submission of fingerprints to the Federal Bureau of Investigation for a criminal background check, by the pari-mutuel commission to determine if they are eligible for licensure under this chapter.
Amend the bill by replacing all after section 14 with the following:
15 New Paragraph; Game Operator; Definition. Amend RSA 287-D:1 by inserting after paragraph IV the following new paragraph:
V. “Game operator” means:
(a) “Primary game operator” which means any consultant or any person other than a bona fide member of the charitable organization, involved in conducting, managing, supervising, directing, or running the games of chance; or
(b) “Secondary game operator” which means any person other than a bona fide member of the charitable organization, involved in dealing, running a roulette wheel, or handling chips.
16 License Fees and Specifications. Amend RSA 287-D:2-d, III to read as follows:
III. An applicant
for a game operator license under RSA 287-D:2-c shall apply to the pari-mutuel
commission, and upon payment of a fee [of $500 per year] established
by the pari-mutuel commission in rules adopted pursuant to RSA 541-A and
if the applicant meets all other requirements of this chapter, a license shall
be issued. Only one license shall be issued to each applicant per year. A
license issued under RSA 287-D:2-c shall expire on December 31. The pari-mutuel
commission shall notify the attorney general and police chief of any city or
town where games of chance are held of any applications approved. RSA 7:28-c
shall not apply to game operator licensees subject to this chapter.
17 New Paragraph; Rulemaking; Game Operator Fees. Amend RSA 287-D:1-b by inserting after paragraph XIII the following new paragraph:
XIV. Game operator fees pursuant to RSA 287-D:2-d, III.
18 Pari-Mutuel Commission; Position Established. The following position is hereby established in the pari-mutuel commission and shall be funded from fees collected pursuant to RSA 287-D:2-d, III:
One internal auditor III, labor grade 23.
19 Repeal. The following are repealed:
I. RSA 287-D:2-b, XIII, relative to submission of information to the pari-mutuel commission.
II. RSA 287-D:2-d, IV, relative to authorization of specific games.
III. RSA 284:23,
V, relative to tax rates for
20 Effective Date. This act shall take effect 60 days after its passage.
2008-0839s
AMENDED ANALYSIS
This bill:
I. Makes certain changes to the application and licensing process for game operators.
II. Allows pari-mutuel officials to inspect games of chance equipment.
III. Creates new penalties for deviations from the pari-mutuel commission’s requirements.
IV. Establishes the positions of internal auditor III in the pari-mutuel commission.
Commerce, Labor and Consumer Protection
March 4, 2008
2008-0828s
01/10
Amendment to SB 501-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to workers’ compensation on certain state projects.
Amend the bill by replacing all after the enacting clause with the following:
1 State Transportation Projects; Workers’ Compensation. Amend RSA 228:4-b, I-III to read as follows:
I. Prior to any
work being done by an individual contractor on any state transportation project
carried out under this subdivision, such contractor, including all
subcontractors and independent contractors, working on a highway, bridge, or
other construction, reconstruction, alteration, or maintenance project,
excluding routine maintenance operations conducted utilizing the contract
rental agreement process, [funded] and excluding deliveries to a project,
administered by the department shall provide to the commissioner of
transportation:
(a) A
certificate of insurance of his or her current workers’ compensation coverage
in
(b) A sworn statement that this coverage shall remain in effect for the duration of his or her anticipated work on the project;
(c) A completed work certificate, provided pursuant to RSA 281-A:4-b, that shall include the total number of employees anticipated to be employed by such contractor, subcontractor, or independent contractor on the project during the contract period, delineated by the National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work to be performed;
(d) A copy of the contractor’s compliance with a current written safety program, if applicable, as filed with the commissioner of labor under RSA 281-A:64, II and proof of an existing joint loss management committee as required under RSA 281-A:64, III, if applicable; and
(e) [Any other
information the commissioner of transportation deems necessary] The
department may develop procedures to obtain the requirements in this section on
an annual basis or by a prequalification procedure rather than on a
project-by-project basis.
II. If any highway, bridge, or other construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under RSA 281-A:18-a is directly performing the work on a project covered under this section, such contractor, subcontractor, or independent contractor shall comply with the provisions of this section.
III. The commissioner of labor may assess any contractor, subcontractor, or independent contractor who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of up to $100 per employee per day of noncompliance. Notwithstanding any other provision of law to the contrary, any person with control or responsibility over the decisions to disburse funds and salaries and who knowingly falsified information or knowingly failed to comply with this section shall be held personally liable for the payment of penalties under this section and such contractor, subcontractor, or independent contractor shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.
2 Major Projects; Workers’ Compensation. Amend RSA 21-I:80, VI(a)(5) to read as follows:
(5) [Any other information the commissioner of
administrative services deems necessary] The department may develop
procedures to obtain the requirements in this section on an annual basis or by
a prequalification procedure rather than on a project-by-project basis.
3 Major Projects; Workers’ Compensation. Amend RSA 21-I:80, VI(c) to read as follows:
(c) The commissioner of labor may assess any contractor, subcontractor, or independent contractor who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of up to $100 per employee per day of noncompliance. Notwithstanding any other provision of law to the contrary, any person with control or responsibility over the decisions to disburse funds and salaries and who knowingly falsified information or knowingly failed to comply with this section shall be held personally liable for the payment of penalties under this section and such contractor, subcontractor, or independent contractor shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.
4 Effective Date. This act shall take effect upon its passage.
2008-0828s
AMENDED ANALYSIS
This bill clarifies certain workers’ compensation procedures relating to state projects.
Commerce, Labor and Consumer Protection
March 4, 2008
2008-0834s
08/09
Amendment to SB 502-FN
Amend RSA 282-A:31, I(d) as inserted by section 2 of the bill by replacing it with the following:
(d) He or she is available for and seeking permanent, full-time or part-time work for which he or she is qualified provided that, if availability is limited to part-time work, the claim for unemployment benefits is based on wages earned in part-time work.
Amend the bill by inserting after section 5 the following and renumbering the original section 6 to read as 7:
6 Minimum Rate. Amend RSA 282-A:82 to read as follows:
282-A:82 Minimum Rate.
I. The
commissioner shall compute the [amount to be subtracted from every employer’s
contribution rate] discount rate for the 4 calendar
quarters during a calendar year by determining the available balance in the
unemployment compensation fund on September 30 of the preceding calendar
year. [The amount to be subtracted
from every employer’s contribution rate] Except as provided in paragraph
II of this section the discount rate for the 4 calendar quarters during
a calendar year shall be as follows:
(a) Whenever the unemployment compensation fund
equals or exceeds $225,000,000 on September 30 of the preceding calendar year,
the [amount to be subtracted] discount rate shall be .5 percent.
(b) Whenever the unemployment compensation fund
equals or exceeds $250,000,000 on September 30 of the preceding calendar year,
the [amount to be subtracted] discount rate shall be one percent.
(c) Whenever the unemployment compensation fund
equals or exceeds $275,000,000 on September 30 of the preceding calendar year,
the [amount to be subtracted] discount rate shall be 1.5 percent.
II. The commissioner of the department of
employment security shall maintain the discount rate at the rate in place
during the preceding 4 calendar quarters when the commissioner with the
approval of the governor and council, determines, the maintenance of this
discount rate will constitute a significant benefit to the New Hampshire
business environment and is consistent with the purposes of this chapter.
III. For the purposes of this section, “discount
rate” means the amount to be subtracted from positive balanced employer’s
contribution rate.
[II.] IV.
The minimum contribution rate under this section shall be not less than
.10 percent.
2008-0834s
AMENDED ANALYSIS
This bill:
I. Defines “part-time work.”
II. Defines “full-time work.”
III. Allows refusal of acceptance of full-time and part-time work to be considered in unemployment compensation benefit eligibility considerations.
IV. Defines “discount rate”.
Senate Public and Municipal Affairs
March 4, 2008
2008-0832s
08/04
Amendment to SB 508-FN-LOCAL
Amend the bill by replacing all after the enacting clause with the following:
1 Municipal Deposits. Amend RSA 41:29, VII to read as follows:
VII. The treasurer
shall ensure that all moneys remitted shall be deposited at least on a weekly
basis, or daily whenever funds remitted from all departments collectively
totals $500 or more. Such deposit
function may be delegated pursuant to paragraph VI. However, failure to ensure that funds are
being deposited on a timely basis as required by this paragraph shall be cause
for immediate removal from office pursuant to RSA 41:26-d. In any municipality where there is no bank
or other depository institution within the municipality or within 10 miles of
that municipality, the treasurer shall make deposits consisting of funds
remitted from all departments and collectively totaling $1,500 or more on a
weekly basis.
2 Municipal Deposits; Banking Procedures. Amend RSA 41:9, VI to read as follows:
VI. The selectmen shall be responsible for establishing and maintaining appropriate internal control procedures to ensure the safeguarding of all town assets and properties except for those procedures relative to municipal deposits established in RSA 41:29, VII.
3 Effective Date. This act shall take effect 60 days after its passage.
Sen. Sgambati, Dist. 4
March 4, 2008
2008-0808s
01/04
Amendment to SB 512-FN
Amend the bill by replacing section 2 with the following:
2 New Section;
Communicable Disease;
141-C:26 Acute Care Centers. The commissioner may establish, operate, or authorize the operation of temporary acute care centers for the purpose of the delivery of acute and critical medical services to persons who would normally require admission to an acute care hospital, when there is a public health incident as defined in RSA 508:17-a, II(c) and when the acute care hospitals in the area do not have the physical and human resources necessary to meet the demand or anticipated demand for medical care. Any such facility so established or designated shall be exempt from the provisions of RSA 151 and RSA 151-C. The commissioner shall adopt rules, pursuant to RSA 541-A, regarding the facility and staffing requirements, screening and admission criteria, payment and reimbursements, clinical standards, recordkeeping and discharge criteria for acute care centers. For purposes of immunity, actions taken pursuant to this section shall be considered an emergency management function under RSA 21-P:41, I.
Amend RSA 21-P:53, III as inserted by section 3 of the bill by replacing it with the following:
III. If there is a statewide or regional shortage or threatened shortage of any anti-toxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents, the commissioner may, subject to the discretion and control of the governor, control, restrict, and ration the use, sale, dispensing, distribution, or transportation of such products as necessary to best protect the health, safety, and welfare of the people of this state. In making rationing or other supply and distribution decisions, the commissioner shall determine high risk or critical need groups that shall receive priority for such products.
2008-0808s
AMENDED ANALYSIS
This bill:
I. Authorizes the commissioner of the department of health and human services to establish temporary acute care centers for the delivery of medical services if there is a public health emergency.
II. Reestablishes the laws regarding public health emergency management powers and the safe disposal of corpses, both of which were repealed in 2002.
III. Establishes a commission to study the authority to practice or provide health and medical care in the event of a public health emergency.
Senate Ways and Means
March 4, 2008
2008-0817s
04/09
Amendment to SB 515-FN-A
Amend the title of the bill by replacing it with the following:
AN ACT relative to the combat veteran business tax credit.
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Combat Veteran Business Tax Credit. Amend RSA 77-A:5 by inserting after paragraph XIII the following new paragraph:
XIV. The unused
portion of any combat veteran business tax credit awarded by the commissioner
under RSA 77-E:3-c shall be available to apply to the business profits tax.
2 New Section; Business Enterprise Tax; Combat Veteran Business Tax Credit. Amend RSA 77-E by inserting after section 3-b the following new section:
77-E:3-c Combat Veteran Business Tax Credit.
I. There shall be tax credit of $1,000 per tax period for each owner or operator of a business enterprise, who:
(a) Is serving in the National Guard or reserve or is a veteran of the National Guard or reserve;
(b) Served a tour of duty in a qualifying duty location; and
(c) Applies for such credit on a form with supporting documentation as designated and determined by the commissioner.
II. Tax credits under this section shall be granted for no more than 2 consecutive tax periods that immediately follow the tax period in which owner or operator is returns from a qualifying duty location.
III. The cumulative total of all tax credits under this section shall not exceed $2,000.
IV. Unused portions of this credit shall apply to the business profits tax as provided by RSA 77-A:5, XIV. Any unused portion of the credit after application to the business profits tax shall lapse.
V. For the purpose of this section, a “qualifying duty location” means:
(a) A hazardous duty area, as recognized by the Internal Revenue Service; or
(b) A combat zone, as designated by Presidential Executive Order.
3 Effective Date. This act shall take effect upon its passage.
2008-0817s
AMENDED ANALYSIS
This bill establishes a combat veteran business tax credit against the business enterprise tax and allows any unused portion of the credit to be applied to the business profits tax.