The Senate met at 10:00 a.m.

A quorum was present.

The prayer was offered by Senator Wheeler.

Senator Pignatelli led the Pledge of Allegiance.

HB 73, extending the reporting date of the commission to study the effects of and jurisdiction over alternative agricultural products.

HB 734, relative to state guarantees of tax anticipation notes issued by municipalities; relative to teacher non-renewals for the 1999-2000 school year; and relative to the transfer of tax liens for the 1999 calendar year only.

Senator D’Allesandro moved adoption.

Senator Cohen served notice of reconsideration on HB 112, increasing the tobacco tax and imposing the tax on all types of tobacco products.

Senator J. King moved that Senate Bill 229 be introduced into the Senate, after the Rules deadline for introduction, referred to committee and laid on the table for printing.

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. ( Sen. J. King, Dist 18; Sen. Blaisdell, Dist 10; Sen. F. King, Dist 1; Sen. Disnard, Dist 8; Sen. Hollingworth, Dist 23; Sen. Trombly, Dist 7; Rep. Dwyer, Hills 43: Public Institutions, Health and Human Services

SB 215, transferring certain responsibilities for shellfish harvesting and regulation. Environment Committee. Vote 4-0. Ought to Pass, Senator Russman for the committee.

SB 224, relative to stenographic records of adjudicative hearings before licensing boards. Executive Departments and Administration Committee. Vote 7-0. Ought to pass with amendment, Senator Trombly for the committee.

1999-0671s

10/01

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

AN ACT relative to stenographic records and availability of transcripts of adjudicative hearings before licensing boards.

Amend the bill by replacing section 1 with the following:

1 Administrative Procedure Act; Contested Cases Before Licensing Boards; Stenographic Record Required. Amend RSA 541-A:31, VII to read as follows:

VII. The entirety of all oral proceedings shall be recorded verbatim. At the request of the party in any disciplinary proceeding before a board responsible for professional licensing or certification, the record of the proceeding shall be made by a certified court stenographer at the requesting party’s expense. Upon the request of any party made within 60 days after the decision or order, or upon the agency's own initiative, such record shall be transcribed if the requesting party or agency shall first pay all reasonable costs for such transcription. If a transcript is not provided within 45 days of a request to a person who is a party in a disciplinary proceeding before a professional licensing or certification board, the proceeding shall be dismissed with prejudice.

1999-0671s

AMENDED ANALYSIS

This bill requires that a stenographic record be made by a certified court stenographer in an adjudicative proceeding before a licensing board, upon the request of a party to the proceeding, and requires dismissal of a complaint if a transcript is not provided.

SB 33, requiring workers' compensation indemnity benefits to be paid on the same date each month. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Fraser for the committee.

SB 55, relative to health insurance for persons who use tobacco products. Insurance Committee.

MINORITY REPORT: Ought to Pass, Senator Francoeur for the committee. Vote 1-7

MAJORITY REPORT, Inexpedient to Legislate, Senator Fraser for the committee. Vote 7-1

SB 58, allowing clinical mental health counselors to obtain third party payment for services rendered which would otherwise qualify for such payments. Insurance Committee. Vote 7-1. Ought to Pass, Senator Wheeler for the committee.

Senator Francoeur is in opposition to SB 58.

SB 63, relative to applicability of workers' compensation to persons employed by 2 or more employers. Insurance Committee. Vote 8-0. Inexpedient to Legislate, Senator Squires for the committee.

SB 85-FN, including the judiciary as a public employer under the public employees labor relations act. Insurance Committee. Vote 7-1. Ought to Pass, Senator J. King for the committee.

Senator Francoeur is in opposition to SB 85-FN.

SB 102, relative to premium tax penalties. Insurance Committee. Vote 8-0. Ought to pass with amendment, Senator Fraser for the committee.

1999-0740s

01/09

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

AN ACT relative to payment of the premium tax.

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

1 Premium Tax; Estimated Liability. Amend RSA 400-A:32, II to read as follows:

II. On or before March 1, June 1, September 1, and December 1 of each year, every authorized insurer required to pay a tax in accordance with RSA 400-A:32, I shall pay to the insurance commissioner an amount equal to 1/4 of the previous calendar year's tax paid pursuant to said paragraph; provided, however, any authorized insurer having an estimated liability of $100 or less for each quarter shall make payment in full on March 1. These payments shall be considered as a partial payment of the tax upon the business done in the state during the calendar year in which the payment was received.

2 Effective Date. This act shall take effect January 1, 2000.

1999-0740s

AMENDED ANALYSIS

This bill requires certain insurers to make payment of the premium tax due in full by a certain date.

This bill is a request of the insurance department.

SB 103, making certain changes in the insurance laws. Insurance Committee. Vote 8-0. Ought to pass with amendment, Senator Fraser for the committee.

1999-0739s

01/09

Amend the bill by replacing section 2 with the following:

2 Deleting Specific Dates and Certain Information. Amend RSA 420-I:4 to read as follows:

420-I:4 Reports to Insurance Commissioner. [On or before March 1 and September 1 of each year,] Each managed care insurer shall file a report in form and containing such information as the insurance commissioner prescribes when requested by the commissioner. [Such report shall include the name of the managed care insurer, its affiliates, a description of each exclusive arrangement to which it is a party and, as applicable, the date on which exclusive arrangement has been or will be terminated.]

1999-0739s

AMENDED ANALYSIS

This bill:

(1) Deletes the specific due dates and certain information for reports required to be filed by managed care companies with the insurance commissioner.

(2) Makes a technical correction to the law regulating foreign insurance companies.

(3) Makes certain personnel corrections.

(4) Clarifies the procedure pertaining to books, records, and other documents when an insurance company is undergoing examination

SB 104, making a variety of changes in certain insurance laws. Insurance Committee. Vote 8-0. Ought to Pass, Senator Fraser for the committee.

SB 105, relative to continuation of coverage of health insurance. Insurance Committee. Vote 8-0. Ought to Pass, Senator Fraser for the committee.

SB 106, relative to continuing education for insurance adjusters. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Fraser for the committee.

SB 114, relative to health care carrier disclosure of third party liability. Insurance Committee. Vote 8-0. Ought to pass with amendment, Senator McCarley for the committee.

1999-0738s

05/10

Amend the bill by replacing section 4 with the following:

4 Disclosure. Amend RSA 420-G:11, II to read as follows:

II. All health carriers shall electronically provide [data on claims and subscribers] to the department of health and human services[, in accordance with rules adopted under RSA 126:27]:

(a) Data on claims and subscribers filed in accordance with rules adopted under RSA 126:27; and

(b) Cross-matched claims data on requested policyholders, and subscriber information necessary for third party liability for benefits provided under RSA 167, filed in accordance with rules adopted under RSA 167:3-c.

SB 173-FN, relative to optional allowances for beneficiaries of the New Hampshire retirement system members. Insurance Committee. Vote 5-0. Ought to Pass, Senator J. King for the committee.

SB 177, allowing marriage and family therapists to obtain third party payments for services rendered which would otherwise qualify for such payments. Insurance Committee. Vote 7-1. Ought to Pass, Senator Wheeler for the committee.

Senator Francoeur is in opposition to SB 177.

SB 182-FN, relative to eligibility for ordinary death benefits under the New Hampshire retirement system. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Fraser for the committee.

1999-0702s

10/09

Amend the introductory paragraph of RSA 100-A:9, III as inserted by section 1 of the bill by replacing it with the following:

III. If the member did not have at least 10 years combined creditable service and was not eligible for service retirement at the time of death, there shall be payable to the member's [widow] spouse or the member's designated beneficiary or beneficiaries, if other than [his widow] the member’s spouse, if living, otherwise to the member's estate, a lump sum equal to the greater of either:

SB 186-FN, relative to additional cost of living adjustments for certain retired group II firemen. Insurance Committee. Vote 5-0. Ought to Pass, Senator J. King for the committee.

Recess.

Senator Cohen in the Chair.

SB 187-FN-L, relative to payment of group health insurance premiums for eligible retired teachers in the New Hampshire retirement system. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Blaisdell for the committee.

1999-0703s

10/09

Amend RSA 100-A:53-a, I as inserted by section 4 of the bill by inserting after subparagraph (f) the following new subparagraph:

(g) Any person who has completed no less than 20 years of group I teacher creditable service and who retired prior to attaining the age of 60, and who attains the age of 60.

Recess.

Senator Blaisdell in the Chair.

SB 205-FN, expanding medical coverage to pay dental assistance for adults on medicaid. Insurance Committee. Vote 7-1. Ought to pass with amendment, Senator Wheeler for the committee.

1999-0746s

05/10

Amend the bill by replacing section 3 with the following:

3 New Paragraph; Types of Dental Assistance Covered. Amend RSA 167:6 by inserting after paragraph VII the following new paragraph:

VIII. Persons deemed medically and categorically needy shall be eligible for dental assistance including emergency dental care for relief of pain, bleeding and infection, selected preventative and restorative procedures designed to cease disease progression, and necessary diagnostic and consultative services. Such services shall include complete full denture and denture repair coverage. The annual per person benefit maximum shall be $400. In addition to the annual benefit, one full set of dentures per lifetime, with lifetime repairs, shall also be covered.

Referred to the Finance Committee (Rule #24).

Senator Russman is in favor of committee amendment on SB 205.

HB 227, establishing a committee to study the maintenance of voter checklists. Pubic Affairs Committee. Vote 6-0. Ought to Pass, Senator Wheeler for the committee.

HB 253, allowing ballots to be examined and counted prior to the opening of polls on election day. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

SB 200, relative to child care licensing procedures. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to Pass, Senator Gordon for the committee.

SB 47-FN, relative to compensation for time lost by fish and game conservation officers for injuries received in the line of duty, and restoring certain leave time for a conservation officer injured while on duty on August 19, 1997. Wildlife and Recreation Committee. Vote 5-3. Ought to Pass, Senator D'Allesandro for the committee.

SB 160, establishing a committee to study and identify or establish the duties of the fish and game commission. Wildlife and Recreation Committee. Vote 7-0. Ought to Pass, Senator Roberge for the committee.

SB 80, relative to adding the name of Martin Luther King, Jr. to Civil Rights Day. Public Affairs Committee. Vote 5-2. Ought to Pass, Senator Russman for the committee.

Senator Fraser (Rule #44).

Senator Cohen moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time and that the bills ordered to third reading be read a third time by this resolution and all titles be the same as adopted and that they be passed at the present time and that when we adjourn, we adjourn until Wednesday April 14, 1999 at 1:00 p.m.

SB 58, allowing clinical mental health counselors to obtain third party payment for services rendered which would otherwise qualify for such payments.

SB 80, relative to adding the name of Martin Luther King, Jr. to Civil Rights Day.

SB 85-FN, including the judiciary as a public employer under the public employees labor relations act.

SB 102, relative to payment of the premium tax.

SB 103, making certain changes in the insurance laws.

SB 104, making a variety of changes in certain insurance laws.

SB 105, relative to continuation of coverage of health insurance.

SB 114, relative to health care carrier disclosure of third party liability.

SB 160, establishing a committee to study and identify or establish the duties of the fish and game commission.

SB 173-FN, relative to optional allowances for beneficiaries of the New Hampshire retirement system members.

SB 177, allowing marriage and family therapists to obtain third party payments for services rendered which would otherwise qualify for such payments.

SB 182-FN, relative to eligibility for ordinary death benefits under the New Hampshire retirement system.

SB 200, relative to child care licensing procedures.

SB 215, transferring certain responsibilities for shellfish harvesting and regulation.

SB 224, relative to stenographic records and availability of transcripts of adjudicative hearings before licensing boards.

HB 227, establishing a committee to study the maintenance of voter checklists.

HB 253, allowing ballots to be examined and counted prior to the opening of polls on election day.

Senator Johnson moved that the business of the day being completed, that the Senate now adjourn to Wednesday, April 14, 1999 at 1 p.m.