The Senate met at 1:00 p.m.

A quorum was present.

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

Senator Pignatelli led the Pledge of Allegiance.

HB 258, establishing Gold Star Mother’s Day honoring mothers who lost sons or daughters while on duty in the armed forces.

HB 345-FN, relative to harassment via the computer.

HB 356, relative to the issuance of summons and notice in CHINS petitions.

HB 367, relative to requesting certifying scientists to appear at DWI hearings.

HB 383, relative to the authority of the department of environmental services to assign air pollution allowances and credits.

HB 402, establishing a committee to study methods to promote the use of renewable energy sources.

HB 403, relative to speed limits on Turtle Town Pond in Concord.

HB 530, establishing a committee to review the policies and procedures of the joint health council.

HB 552, relative to the issuance of crossbow permits to persons with a permanent physical disability.

HB 583, extending the reporting date for the committee studying the issue of updating New Hampshire laws related to fences.

HB 603, relative to the performance audit and oversight committee.

HB 604, relative to filling a vacancy in the office of county commissioner.

HB 619-FN, requiring the commissioner of health and human services to produce certain annual reports.

HB 661-L, relative to the scope of abatement appeals.

HB 671, adding a member to the council on resources and development.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 258-671 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 258, establishing Gold Star Mother’s Day honoring mothers who lost sons or daughters while on duty in the armed forces. Internal Affairs

HB 345-FN, relative to harassment via the computer. Judiciary

HB 356, relative to the issuance of summons and notice in CHINS petitions. Public Institutions, Health and Human Services

HB 367, relative to requesting certifying scientists to appear at DWI hearings. Judiciary

HB 383, relative to the authority of the department of environmental services to assign air pollution allowances and credits. Environment

HB 402, establishing a committee to study methods to promote the use of renewable energy sources. Energy and Economic Development

HB 403, relative to speed limits on Turtle Town Pond in Concord. Transportation

HB 530, establishing a committee to review the policies and procedures of the joint health council. Executive Departments and Administration

HB 552, relative to the issuance of crossbow permits to persons with a permanent physical disability. Wildlife and Recreation

HB 583, extending the reporting date for the committee studying the issue of updating New Hampshire laws related to fences. Internal Affairs

HB 603, relative to the performance audit and oversight committee. Executive Departments and Administration

HB 604, relative to filling a vacancy in the office of county commissioner. Public Affairs

HB 619-FN, requiring the commissioner of health and human services to produce certain annual reports. Public Institutions, Health and Human Services

HB 661-L, relative to the scope of abatement appeals. Executive Departments and Administration

HB 671, adding a member to the council on resources and development. Energy and Economic Development

HB 56, establishing a procedure for reinstating corporate charters that have been expired for more than 3 years.

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

HB 82, establishing a committee to study financial arrangements among hospitals, physicians, and insurance companies.

HB 205, relative to the requirement for posting of bond by an applicant for a writ of replevin.

HB 208-FN, establishing a coordinated and comprehensive effort by state agencies for economic growth, resource protection, and planning policy to deter sprawl.

HB 327-L, allowing municipal governing bodies to enter into lease agreements for equipment.

HB 381, prohibiting any candidate from receiving the nomination of more than one party.

HB 422, relative to advertising by rent-to-own businesses.

HB 428, relative to school administrative units.

HB 441, relative to a mother’s right to breast-feed.

HB 444, relative to establishing a study committee to review reestablishing passenger rail service on the Eastern Line between Newburyport, Massachusetts and Kittery, Maine.

HB 456, establishing a committee to study issues relating to the deaf community in New Hampshire.

HB 638-FN, authorizing a limited license for certain travel agents.

HB 664, establishing a study committee on rights of ownership to cemetery plots.

HB 729, adding social clubs recognized by the Internal Revenue Service to the definition of "charitable organization" for purposes of the laws governing raffles.

HJR 6, encouraging the revitalization of the northern rail line from Concord to Lebanon.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 56-HJR 6 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 56, establishing a procedure for reinstating corporate charters that have been expired for more than 3 years. Executive Departments and Administration.

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

HB 82, establishing a committee to study financial arrangements among hospitals, physicians, and insurance companies. Insurance

HB 205, relative to the requirement for posting of bond by an applicant for a writ of replevin. Judiciary

HB 208-FN, establishing a coordinated and comprehensive effort by state agencies for economic growth, resource protection, and planning policy to deter sprawl. Energy and Economic Development

HB 327-L, allowing municipal governing bodies to enter into lease agreements for equipment. Executive Departments and Administration

HB 381, prohibiting any candidate from receiving the nomination of more than one party. Public Affairs

HB 422, relative to advertising by rent-to-own businesses. Public Affairs

HB 428, relative to school administrative units. Education

HB 441, relative to a mother’s right to breast-feed. Public Institutions, Health and Human Services

HB 444, relative to establishing a study committee to review reestablishing passenger rail service on the Eastern Line between Newburyport, Massachusetts and Kittery, Maine. Transportation

HB 456, establishing a committee to study issues relating to the deaf community in New Hampshire. Public Institutions, Health and Human Services

HB 638-FN, authorizing a limited license for certain travel agents. Executive Departments and Administration

HB 664, establishing a study committee on rights of ownership to cemetery plots. Public Affairs

HB 729, adding social clubs recognized by the Internal Revenue Service to the definition of "charitable organization" for purposes of the laws governing raffles. Internal Affairs

HJR 6, encouraging the revitalization of the northern rail line from Concord to Lebanon. Transportation

HB 340, establishing a committee to study mercury source reduction and recycling.

HB426, relative to clean indoor air in state buildings.

HB 492-FN-A-L, reducing the state bond guarantees limit for wastewater projects.

HB 494-FN-A, making an appropriation to the department of cultural resources for the purpose of funding participation of the state in the Smithsonian Festival of American Folklife.

HB 495-FN-A, relative to reauthorizing the motor oil discharge cleanup fund and increasing the fuel oil discharge cleanup fund fee, allowing coverage for discharge prevention, and allowing reimbursement for replacing substandard tanks.

HB 558-FN, relative to solid waste management.

HB 572-FN-A, relative to the apportionment provisions of the business profits tax.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 340-572 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 340, establishing a committee to study mercury source reduction and recycling. Environment

HB 426, relative to clean indoor air in state buildings. Environment

HB 492-FN-A-L, reducing the state bond guarantees limit for wastewater projects. Finance

HB 494-FN-A, making an appropriation to the department of cultural resources for the purpose of funding participation of the state in the Smithsonian Festival of American Folklife. Finance

HB 495-FN-A, relative to reauthorizing the motor oil discharge cleanup fund and increasing the fuel oil discharge cleanup fund fee, allowing coverage for discharge prevention, and allowing reimbursement for replacing substandard tanks. Environment

HB 558-FN, relative to solid waste management. Environment

HB 572-FN-A, relative to the apportionment provisions of the business profits tax. Ways and Means

HB 79, relative to reports to the bank commissioner and to safe deposit box openings. Banks Committee. Vote 3-0. Ought to Pass, Senator Fraser for the committee.

HB 80, making technical corrections in the banking laws. Banks Committee. Vote 3-0. Ought to Pass, Senator Klemm for the committee.

SB 81, permitting the city of Manchester to issue bonds to finance unfunded liability of the city's employee pension system. Banks Committee. Vote 4-0. Ought to pass with amendment, Senator Fraser for the committee.

1999-0288s

10/01

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

2 Issuance of Bonds or Notes. The city of Manchester is hereby authorized to issue bonds or notes from time to time up to an aggregate principal amount not exceeding $30,000,000 for the purpose of funding the unfunded pension liability, so-called, of the pay-as-you-go "old" pension system of the city of Manchester. Bonds or notes issued pursuant to the authority hereof shall be issued for terms not in excess of 30 years from their date of issue and, except as otherwise provided herein, shall be subject to the applicable provisions of RSA 33, the municipal finance act. The aggregate amount of bonds or notes which may be issued by the city of Manchester hereunder, shall not exceed the amount which the "old" pension system of the city of Manchester, with the approval of the mayor and city finance officer, shall determine to be the unfunded actuarial liability, so-called, of the "old" pension system of the city of Manchester. Such determination of the "old" pension system of the city of Manchester shall be based upon the report of a nationally recognized independent consultant actuary, which may be the consulting actuary generally retained by the city of Manchester. Such report shall also set forth the present value savings to the city of Manchester reasonably expected to be achieved as a result of the issuance of such bonds and shall be filed with the board of mayor and aldermen of the city of Manchester prior to the final passage of any bond resolution of the city of Manchester authorizing the issuance of bonds or notes hereunder.

3 Maturity Schedules. Notwithstanding the provisions of any general or special law to the contrary, the maturities of bonds or notes issued pursuant to the authority of this act shall either be arranged so that for each issue the annual combined payments of principal and interest shall be as nearly equal as practicable in the opinion of the officer of the city authorized to issue said bonds or notes or shall be arranged in accordance with a schedule providing for a more rapid amortization of principal.

SB 97, relative to testamentary trusts which are institutional funds. Banks Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

SB 70, changing the safe drinking water standard for MTBE. Environment Committee. Vote 7-1. Ought to Pass, Senator Wheeler for the committee.

SB 71, establishing a ban on MTBE in gasoline as of January 1, 2000. Environment Committee. Vote 6-2. Ought to Pass, Senator Wheeler for the committee.

SB 159, relative to early reduction of greenhouse gases. Environment Committee. Vote 7-0. Ought to Pass, Senator Cohen for the committee.

SB 135-FN, relative to the water supply land protection grants. Finance Committee. Vote 8-0. Ought to pass with amendment, Senator F. King for the committee.

1999-0800s

03/01

Amend RSA 486-A:2, VIII as inserted by section 1 of the bill by replacing it with the following:

CACR 18, relating to jury trials in child custody proceedings. Providing that there shall be a right to a jury trial in all proceedings involving child custody. Judiciary Committee. Vote 8-0. Inexpedient to Legislate, Senator Gordon for the committee.

CACR 19, relating to 5-year renewable terms for all state judges and the age limit for state judges and county sheriffs. Providing that all state judges be commissioned for renewable 5-year terms and that there shall be no age limit for state judges and county sheriffs. Judiciary Committee. Vote 7-1. Inexpedient to Legislate, Senator Fernald for the committee.

SB 57, permitting challenges to judges. Judiciary Committee.

MINORITY REPORT, Inexpedient to Legislate, Senator Wheeler for the committee. Vote 2-6

MAJORITY REPORT, Ought to pass with amendment, Senator Fernald for the committee. Vote 6-2

1999-0789s

03/01

Amend RSA 491:3-b as inserted by section 1 of the bill by replacing it with the following:

491:3-b Challenges. Each party to any case before the superior court may request that one justice of the court, or one marital master in a case that may be heard by a marital master, not be assigned to the case. Such request must be filed with the court, in writing, within 30 days after arraignment in any criminal case, and within 30 days of the return date in any other case. Upon timely filing of such a request, the clerk of the court shall not schedule the case in question with the justice or marital master named in the request.

Amend RSA 502-A:6-c as inserted by section 2 of the bill by replacing it with the following:

502-A:6-c Challenges. Each party to any case before the district court may request that one justice of the court not be assigned to the case. Such request must be filed with the court, in writing, within 30 days after arraignment in any criminal case, and within 30 days of the return date in any other case. Upon timely filing of such a request, the clerk of the court shall not schedule the case in question with the justice named in the request.

SB 67, limiting liability resulting from the use of automatic external defibrillation. Judiciary Committee. Vote 6-0. Ought to Pass, Senator Gordon for the committee.

SB 88-FN, relative to penalties for third driving while intoxicated offenses. Judiciary Committee.

MINORITY REPORT, Inexpedient to Legislate, Senator Wheeler for the committee. Vote 3-5

MAJORITY REPORT, Ought to Pass, Senator Gordon for the committee. Vote 5-3

SB 141, relative to information not subject to the right-to-know law. Judiciary Committee. Vote 8-0. Ought to Pass, Senator Fernald for the committee.

SB 148, relative to the content of personnel files of police officers. Judiciary Committee. Vote 8-0. Inexpedient to Legislate, Senator Pignatelli for the committee.

SB 151, relative to assignment of judges. Judiciary Committee. Vote 8-0. Inexpedient to Legislate, Senator Wheeler for the committee.

SB 165, relative to the Uniform Trustees' Powers Act. Judiciary Committee. Vote 8-0. Ought to pass with amendment, Senator Gordon for the committee.

1999-0787s

08/09

Amend the bill by replacing section 1 with the following:

1 New Paragraphs; Certificate Evidencing Trustee’s Power to Convey Personal Property. Amend RSA 564-A:7 by inserting after paragraph III the following new paragraphs:

IV. A written certificate signed by a trustee with signature sworn to before a notary public, delivered to the transferee or a transfer agent in substantially the following form, shall be conclusive evidence and notice to all third parties that the trustee named therein and the trustee’s successors have full and absolute power to convey any interest in personal property, tangible or intangible, held by the trustee and no third person or purchaser, without actual knowledge to the contrary, shall be obligated to further inquire as to the power or authority of the trustee to convey or to see to the application of any trust assets paid or delivered to the trustee.

The undersigned trustee(s) as Trustee(s) under the __________ Trust created by __________ as grantor under trust agreement dated __________, and thereto have full and absolute power in said trust agreement to convey any interest in personal property held in said trust and no purchaser or third party shall be bound to inquire whether the trustee has said power or is properly exercising said power or to see to the application of any trust asset paid to the trustee for a conveyance thereof.

_________________________________

,Trustee

V. A similar certificate signed by any successor to the trustee named in an original or any subsequent certificate shall have the same effect as the original certificate. Such a certificate, in writing, sworn to, and delivered in the same manner as the prior trustee’s certificate, shall conclusively establish the power of the successor trustee to convey said personal property.

1999-0787s

AMENDED ANALYSIS

This bill allows trustees to certify their power to convey personal property held in trust by the delivery to the transferee or a transfer agent of a certified and guaranteed document without requiring further certification that the trust copy is a true and correct copy.

SB 185, relative to property settlements in cases where certain domestic relationships have terminated. Judiciary Committee. Vote 5-0. Rereferred to Committee, Senator Trombly for the committee.

SB 176-FN-A, relative to technology support for individuals and making an appropriation therefor. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to Pass, Senator McCarley for the committee.

HB 245-FN, relative to fees and appropriations to the division of safety services. Transportation Committee. Vote 5-0. Ought to Pass, Senator Russman for the committee.

SB 86, relative to enforcement of the collection and payment of county taxes by the county treasurer. Ways and Means Committee. Vote 7-0. Ought to Pass, Senator F. King for the committee.

SB 168, adopting a model statute as a result of the tobacco litigation master settlement agreement. Ways and Means Committee. Vote 7-0. Ought to pass with amendment, Senator Below for the committee.

1999-0819s

09/01

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

AN ACT adopting a model statute included in the tobacco litigation master settlement agreement.

Amend RSA 541-C:2, IX(a)(1) as inserted by section 1 of the bill by replacing it with the following:

(1) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

Amend RSA 541-C:2, X as inserted by section 1 of the bill by replacing it with the following:

X. "Units sold" means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the state. The commissioner of the department of revenue administration shall adopt such rules, pursuant to RSA 541-A, as are necessary to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year.

Amend RSA 541-C:3, I(b) as inserted by section 1 of the bill by replacing it with the following:

(b) Place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation):

(1) 1999: $.0094241 per unit sold after the effective date of this chapter.

(2) 2000: $.0104712 per unit sold.

(3) For each of 2001 and 2002: $.0136125 per unit sold.

(4) For each of 2003 through 2006: $.0167539 per unit sold.

(5) For each of 2007 and each year thereafter: $.0188482 per unit sold.

Amend RSA 541-C:3, III as inserted by section 1 of the bill by replacing it with the following:

III. Each tobacco product manufacturer that elects to place funds into escrow pursuant to this section shall annually certify to the attorney general that it is in compliance with paragraph I(b) of this section. The attorney general may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall:

(a) Be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of paragraph I(b) or III of this section, may impose a civil penalty, to be paid to the general fund of the state, in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow;

(b) In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of paragraph I(b) or III of this section, may impose a civil penalty, to be paid to the general fund of the state, in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and

(c) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary) for a period not to exceed 2 years.

Amend RSA 541-C:3, V as inserted by section 1 of the bill by replacing it with the following:

V. The state shall be entitled to its costs and reasonable attorneys’ fees incurred during any action for violation of this section pursuant to paragraph III of this section.

Amend the bill by replacing section 2 with the following:

2 Effective Date. This act shall take effect July 1, 1999.

1999-0819s

AMENDED ANALYSIS

This bill adopts a model statute, which is included in the tobacco litigation master settlement agreement. The bill requires tobacco product manufacturers who determine not to enter into the master settlement agreement to pay certain sums to the state to be placed into a qualified escrow fund to ensure that the state will have an eventual source of recovery from them if they are later proven to have acted culpably.

SB 30, relative to the cruelty to animals law. Wildlife and Recreation Committee. Vote 7-0. Ought to pass with amendment, Senator Wheeler for the committee.

1999-0767s

08/09

Amend the bill by replacing section 1 with the following:

1 Cruelty to Animals; Investigating Officer and Veterinarian. Amend RSA 644:8, IV-a to read as follows:

IV-a.(a) Except as provided in subparagraph (b) any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society may take into temporary protective custody any animal when there is probable cause to believe that it has been abused or neglected in violation of paragraphs III or III-a when there is a clear and imminent danger to the animal's health or life and there is not sufficient time to obtain a court order. Such officer shall leave a written notice indicating the type and number of animals taken into protective custody, the name of the officer, the time and date taken, the reason it was taken, the procedure to have the animal returned and any other relevant information. Such notice shall be left at the location where the animal was taken into custody. The officer shall provide for proper care and housing of any animal taken into protective custody under this paragraph. If, after 7 days, the animal has not been returned or claimed, the officer shall petition the municipal or district court seeking either permanent custody or a one-week extension of custody or shall file charges under this section. If a week's extension is granted by the court and after a period of 14 days the animal remains unclaimed, the title and custody of the animal shall rest with the officer on behalf of [his] the officer’s department or society. The department or society may dispose of the animal in any lawful and humane manner as if it were the rightful owner. If after 14 days the officer or [his] the officer’s department determines that charges should be filed under this section, [he] the officer shall petition the court.

(b) For purposes of subparagraph (a) the [appropriate law enforcement] investigating officer for [domestic animals, as defined in RSA 436:1, II, or] livestock, as defined in RSA 427:38, III, shall be [a] accompanied by a veterinarian licensed under RSA 332-B or the state veterinarian who shall set the probable cause criteria for taking the animal or animals.

1999-0767s

AMENDED ANALYSIS

This bill eliminates the provision that a veterinarian be the enforcement officer to take a non-livestock domesticated animal into protective custody upon a finding of probable cause of cruelty to animals.

The bill requires the investigating officer be accompanied by a veterinarian licensed under RSA 332-B or the state veterinarian when taking an animal considered livestock into protective custody. The accompanying veterinarian shall set the probable cause criteria for taking the animal.

This bill also determines that the appropriate law enforcement officer for taking animals involved in pari-mutuel racing into custody shall be the veterinarian appointed under RSA 284:20-c.

SB 46-FN, relative to the applicability of mooring permit requirements. Wildlife and Recreation Committee. Vote 3-1. Inexpedient to Legislate, Senator Krueger for the committee.

SB 61, relative to the definition of ski craft. Wildlife and Recreation Committee. Vote 3-1. Inexpedient to Legislate, Senator Klemm for the committee.

SB 145-FN-A, relative to state financial aid for state fairs, and making an appropriation therefor. Wildlife and Recreation Committee. Vote 4-0. Ought to Pass, Senator Krueger for the committee.

SB 194-FN-A, dedicating certain sums in the moose management fund for the payment for damage done by moose to certain trees. Wildlife and Recreation Committee. Vote 4-1. Inexpedient to Legislate, Senator Disnard for the committee.

Senator F. King moved to substitute ought to pass for inexpedient to legislate.

SB 213-FN, changing the name of the fish and game department to the wildlife department. Wildlife and Recreation Committee. Vote 4-2. Inexpedient to Legislate, Senator D'Allesandro for the committee.

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

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

Senator D’Allesandro moved adoption.

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

HB 249, relative to the membership of the rivers management advisory committee.

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 to the Call of the Chair.

SB 30, relative to the cruelty to animals law.

SB 67, limiting liability resulting from the use of automatic external defibrillation.

SB 70, changing the safe drinking water standard for MTBE.

HB 79, relative to reports to the bank commissioner and to safe deposit box openings.

HB 80, making technical corrections in the banking laws.

SB 81, permitting the city of Manchester to issue bonds to finance unfunded liability of the city's employee pension system.

SB 86, relative to enforcement of the collection and payment of county taxes by the county treasurer.

SB 135-FN, relative to the water supply land protection grants.

SB 141, relative to information not subject to the right-to-know law.

SB 159, relative to early reduction of greenhouse gases.

SB 165, relative to the Uniform Trustees' Powers Act.

SB 168, adopting a model statute included in the tobacco litigation master settlement agreement.

SB 194-FN-A, dedicating certain sums in the moose management fund for the payment for damage done by moose to certain trees.

Senator Johnson moved that the business of the day being completed, that the Senate now adjourn to the Call of the Chair.