Out of Recess.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bill:

HB 300, making technical corrections to 1999, HB 117.

HB 60, relative to meetings of the ballot law commission.

HB 206, relative to restrooms in restaurants.

HB 261, relative to the official ballot option.

HB 306, relative to discoverability of environmental audit reports.

HB 322, relative to funds provided by a mortgagee at real estate closings.

HB 357, establishing a committee to study and investigate issues related to investigations, trials, convictions, and sentencing of sex offenders.

HB 373, making technical corrections to the securities laws.

HB 420, relative to orders for spousal support in domestic relations cases.

HB 535, establishing a committee to study the department of resources and economic development.

HB 736, ratifying the 1999 Allenstown annual town meeting.

SB 14, establishing a committee to study the impact of federal welfare reform on the cities and towns of New Hampshire.

SB 42, establishing a committee to study safety improvements at the U.S. Route 1 traffic circle in the city of Portsmouth.

SB 60, establishing a committee to study the licensure of radiographers and radiologic technologists.

SB 75, establishing a committee to study the establishment of a permit system for vessels registered in another state temporarily using the waters of New Hampshire.

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

SB 117, relative to the duties of the board of trustees of the community-technical college system and relative to reports made to the commissioner of the regional community-technical college system.

SB 139, relative to self-proved wills and making reference changes.

SB 152, relative to the procedures for establishing a charter school.

SB 155, relative to the naming of certain bridges in the city of Concord.

SB 161, relative to amending the contributory pension system for employees of the city of Manchester and authorizing the town of Salem pension plan.

HJR 3, urging the ISO-New England to adopt policies furthering the state's interest in electric utility restructuring.

Senator D'Allesandro moved adoption.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bill:

HB 55, setting the rate for the medicaid enhancement tax for the biennium ending June 30, 2001.

HB 61, relative to political contributions by members of the ballot law commission.

HB 68, adding the name of Martin Luther King, Jr. to Civil Rights Day.

HB 278, relative to scheduling of district court sessions.

HB 318, relative to recovery of costs in utility proceedings and relative to the appointment of public utilities commissioners.

HB 362, relative to dam safety program violations.

HB 388, relative to telephone number conservation and area code implementation.

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

HB 477, changing certain requirements for temporary plates on motor vehicles.

HB 488, relative to the definition of a developmentally delayed child in the provision of special education services.

HB 494, 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 538, establishing a committee to study the new construction and repair of New Hampshire commemorative monuments at certain Civil War battle sites.

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

HB 554, relative to driver education reciprocity.

HB 573, clarifying the status of class VI highways.

HB 593, relative to the classification of class VI roads which have been maintained by a town.

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

HB 624, establishing a committee relative to health care quality.

SB 13, establishing a committee to study joint maintenance agreements in school districts.

SB 21, relative to domestic animals.

SB 22, relative to the pilot program relative to the administration of medication in residential care facilities.

SB 64, relative to powers of appointment.

SB 77, relative to authorized regional enrollment area schools.

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

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

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

Senator D'Allesandro moved adoption.

The House of Representatives has passed Bills and a Resolution with the following titles, in the passage of which it asks the concurrence of the Senate:

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

HB 395-FN-A, establishing a program of matching grants to preserve historic agricultural structures in New Hampshire.

HB 411, requiring voters to present identification.

HB 468, relative to the home rule powers of municipalities.

HB 657-FN, relative to the health services planning and review board and the certificate of need process.

HB 666, relative to the taxation of sand, gravel, loam and other similar substances.

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

HB 685-FN-A, relative to the duties of the New Hampshire land and community heritage commission.

CACR 6, relating to municipalities' home rule. Providing that municipalities shall have home rule authority to exercise such powers which are not prohibited by the state constitution, state statute, or common law.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 375-CACR 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 375, relative to substitutions for disqualified and deceased candidates. Executive Departments and Administration

HB 395-FN-A, establishing a program of matching grants to preserve historic agricultural structures in New Hampshire. Internal Affairs

HB 411, requiring voters to present identification. Public Affairs

HB 468, relative to the home rule powers of municipalities. Public Affairs

HB 657-FN, relative to the health services planning and review board and the certificate of need process. Public Institutions, Health and Human Services

HB 666, relative to the taxation of sand, gravel, loam and other similar substances. Finance

HB 676-FN-A, increasing fees for motor vehicle inspection stickers and establishing motor vehicle inspector positions and making an appropriation therefor. Transportation

HB 685-FN-A, relative to the duties of the New Hampshire land and community heritage commission. Internal Affairs

CACR 6, relating to municipalities' home rule. Providing that municipalities shall have home rule authority to exercise such powers which are not prohibited by the state constitution, state statute, or common law. Public Affairs.

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 443, allowing certain beverage manufacturers to distribute products directly to retailers.

HB 449-FN, requiring boating safety education.

HB 464, relative to electric rate reduction financing.

HB 471, exempting certain family owned and operated businesses from certain requirements in the workers' compensation act relative to safety programs.

HB 503-FN-L, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas.

HB 524, increasing the alternate members on the public employee labor relations board.

HB 545-FN, establishing a committee to study ambulatory surgical facilities.

HB 576-FN-A, establishing additional staff positions for statewide child custody and support impact seminars, and making an appropriation therefor.

HB 586, relative to rulemaking authority of the board of chiropractic examiners and unlawful practice of chiropractic.

HB 606-FN, relative to compensation for law enforcement officers who are injured in the line of duty.

HB 633-FN-L, establishing parental choice scholarships.

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

HB 688, relative to the custody and escheat of abandoned an unclaimed property.

HB 690-FN-L, relative to charter schools and open enrollment districts.

HB 720-FN, relative to the practice of midwifery.

HB 722-FN, revising the law relative to protection of persons from domestic violence.

HB 726-FN, relative to the credentialing of personnel in early care and education programs, establishing a fee for such credential, and making an appropriation therefor.

HB 741, relative to the ratio of apprentices to journeymen in trade or industry apprenticeship programs.

HB 742, defining "domestic employee" for purposes of workers' compensation.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 443-742 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 443, allowing certain beverage manufacturers to distribute products directly to retailers. Ways and Means

HB 449-FN, requiring boating safety education. Transportation

HB 464, relative to electric rate reduction financing. Energy and Economic Development

HB 471, exempting certain family owned and operated businesses from certain requirements in the workers' compensation act relative to safety programs. Insurance

HB 503-FN-L, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas. Education

HB 524, increasing the alternate members on the public employee labor relations board. Executive Departments and Administration

HB 545-FN, establishing a committee to study ambulatory surgical facilities. Public Institutions, Health and Human Services

HB 576-FN-A, establishing additional staff positions for statewide child custody and support impact seminars, and making an appropriation therefor. Judiciary

HB 586, relative to rulemaking authority of the board of chiropractic examiners and unlawful practice of chiropractic. Executive Departments and Administration

HB 606-FN, relative to compensation for law enforcement officers who are injured in the line of duty. Internal Affairs

HB 633-FN-L, establishing parental choice scholarships. Education

HB 640-FN, relative to grievance procedures of managed care organizations. Public Institutions, Health and Human Services

HB 688, relative to the custody and escheat of abandoned an unclaimed property. Executive Departments and Administration

HB 690-FN-L, relative to charter schools and open enrollment districts. Education

HB 720-FN, relative to the practice of midwifery. Public Institutions, Health and Human Services

HB 722-FN, revising the law relative to protection of persons from domestic violence. Judiciary

HB 726-FN, relative to the credentialing of personnel in early care and education programs, establishing a fee for such credential, and making an appropriation therefor. Education

HB 741, relative to the ratio of apprentices to journeymen in trade or industry apprenticeship programs. Insurance

HB 742, defining "domestic employee" for purposes of workers' compensation. Insurance

The House of Representatives has passed Bills and Resolutions with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 66-FN, relative to disability retirement benefits for retirement system members permanently incapacitated for duty.

HB 88-FN, relative to purchasing credit for prior service for certain employees in the New Hampshire retirement system.

HB 89-FN-A, making an appropriation for a department of transportation study of the state house complex to evaluate space needs.

HB 97, relative to the right to farm.

HB 216, relative to release conditions pending trial for defendants in domestic violence, stalking, or protective order violation cases.

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

HB 274-FN, relative to the office of the consumer advocate.

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

HB 311-FN-A, relative to grants made under the New Hampshire incentive program.

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.

HB 414-FN, establishing a committee to study the unclassified salary structure for state officers.

HB 451, establishing a committee to study first and second mortgage home loans.

HB 470, relative to settlement of personal actions.

HB 485-FN, relative to the calculation of unemployment compensation benefits.

HB486-FN-A, relative to the physician effectiveness program.

HB 487, relative to the adoption of bonds or notes in certain school districts and municipalities.

HB 525-FN, relative to special number plates for certain veterans.

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

HB 551, revising the definition of "employer" under the employment discrimination laws of the state.

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

HB 584-FN, relative to administrative license suspensions.

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

HB 601, allowing the assistant commissioner of corrections to assume the duties of the commissioner in the event that the commissioner is unable to perform such duties, correcting out-of-date references and phraseology pertaining to the department of corrections, adding the position of warden of the Northern New Hampshire Correctional Facility to the unclassified system, and changing the personnel group status of the warden of the lakes region facility.

HB 605-FN, affirming sovereign immunity for the state and its political subdivisions as it relates to the "year 2000 problem".

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

HB 609, relative to construction of a sewer force main through a state land conservation easement.

HB 616-FN-A, establishing a house study committee to consider issues related to the driver training fund.

HB 626-FN, relative to revising the laws regulating accountancy.

HB 652-FN, relative to victims' assistance, penalty assessments on criminal offenses, and establishing a surcharge on items sold at state prison commissaries which is continually appropriated to the victims' assistance fund.

HB 658-FN, relative to certification, registration, and insurance requirements for recovery agents who assist bail agents and sureties.

HB 670, establishing an advisory board to study the future of the New Hampshire automated information system's "Webster" Internet site.

HB 698-FN-L, restricting fees for registration permits for certain vehicles.

HB 706, relative to the definition of "sexual contact" under the sexual assault laws and relative to the registration of certain criminal offenders.

HB 715-FN-A-L, granting responsibility for court security to the county sheriff and abolishing certain court security officer positions.

HB 719-FN, relative to procedures regarding children in need of services.

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

HB 728-FN, establishing a commission to study the compensation of members of the legislature and the reimbursement for expenses.

HB 732, relative to nonpayment of member dues and fees and access to financial records of condominium associations.

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

HB 739, elimination certain restrictions on the number of days bingo volunteers may serve.

HCR 2, recognizing students who display good behavior in the public schools.

HCR 9, encouraging greater health care choices for Medicare eligible citizens throughout New Hampshire.

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

HJR 8, urging the Federal Energy Regulatory Commission to change the structure of the New England Independent System Operator (ISO).

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 66-HJR 8 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 66-FN, relative to disability retirement benefits for retirement system members permanently incapacitated for duty. Insurance

HB 88-FN, relative to purchasing credit for prior service for certain employees in the New Hampshire retirement system. Insurance

HB 89-FN-A, making an appropriation for a department of transportation study of the state house complex to evaluate space needs. Transportation

HB 97, relative to the right to farm. Environment

HB 216, relative to release conditions pending trial for defendants in domestic violence, stalking, or protective order violation cases. Judiciary

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

HB 274-FN, relative to the office of the consumer advocate. Executive Departments and Administration

HB 294-FN-L, relative to state aid to municipalities for closure of certain municipal incinerators. Public Affairs

HB 311-FN-A, relative to grants made under the New Hampshire incentive program. Education

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. Judiciary

HB 414-FN, establishing a committee to study the unclassified salary structure for state officers. Internal Affairs

HB 451, establishing a committee to study first and second mortgage home loans. Banks

HB 470, relative to settlement of personal actions. Judiciary

HB 485-FN, relative to the calculation of unemployment compensation benefits. Insurance

HB 486-FN-A, relative to the physician effectiveness program. Public Institutions, Health and Human Services

HB 487, relative to the adoption of bonds or notes in certain school districts and municipalities. Education

HB 525-FN, relative to special number plates for certain veterans. Transportation

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

HB 551, revising the definition of "employer" under the employment discrimination laws of the state. Internal Affairs

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

HB 584-FN, relative to administrative license suspensions. Transportation

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

HB 601, allowing the assistant commissioner of corrections to assume the duties of the commissioner in the event that the commissioner is unable to perform such duties, correcting out-of-date references and phraseology pertaining to the department of corrections, adding the position of warden of the Northern New Hampshire Correctional Facility to the unclassified system, and changing the personnel group status of the warden of the lakes region facility. Executive Departments and Administration

HB 605-FN, affirming sovereign immunity for the state and its political subdivisions as it relates to the "year 2000 problem". Internal Affairs

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

HB 609, relative to construction of a sewer force main through a state land conservation easement. Environment

HB 616-FN-A, establishing a house study committee to consider issues related to the driver training fund. Transportation

HB 626-FN, relative to revising the laws regulating accountancy. Executive Departments and Administration

HB 652-FN, relative to victims' assistance, penalty assessments on criminal offenses, and establishing a surcharge on items sold at state prison commissaries which is continually appropriated to the victims' assistance fund. Judiciary

HB 658-FN, relative to certification, registration, and insurance requirements for recovery agents who assist bail agents and sureties. Executive Departments and Administration

HB 670, establishing an advisory board to study the future of the New Hampshire automated information system's "Webster" Internet site. Internal Affairs

HB 698-FN-L, restricting fees for registration permits for certain vehicles. Transportation

HB 706, relative to the definition of "sexual contact" under the sexual assault laws and relative to the registration of certain criminal offenders. Judiciary

HB 715-FN-A-L, granting responsibility for court security to the county sheriff and abolishing certain court security officer positions. Judiciary

HB 719-FN, relative to procedures regarding children in need of services. Public Institutions, Health and Human Services

HB 723-FN, relative to standby and emergency guardianship proxies. Judiciary

HB 728-FN, establishing a commission to study the compensation of members of the legislature and the reimbursement for expenses. Internal Affairs

HB 732, relative to nonpayment of member dues and fees and access to financial records of condominium associations. Public Affairs

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

HB 739, elimination certain restrictions on the number of days bingo volunteers may serve. Public Affairs

HCR 2, recognizing students who display good behavior in the public schools. Education

HCR 9, encouraging greater health care choices for Medicare eligible citizens throughout New Hampshire. Public Institutions, Health and Human Services

HJR 7, supporting the continued management of the White Mountain National Forest for multiple uses as a part of the National Forest System. Wildlife and Recreation

HJR 8, urging the Federal Energy Regulatory Commission to change the structure of the New England Independent System Operator (ISO). Public Affairs

Senator Cohen moved that the business of day being complete that the Senate now adjourn until Tuesday, June 8, 1999 at 10:00 a.m.

The Senate met at 10:00 a.m.

A quorum was present.

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

Senator Hollingworth led the Pledge of Allegiance.

Senator F. King is excused for the day.

Senator McCarley moved to have HB 374, relative to the order of names on presidential primary election ballots, taken off the table.

HB 374, relative to the order of names on presidential primary election ballots. Inexpedient to legislate.

Senator McCarley moved to substitute ought to pass for inexpedient to legislate.

Senator Hollingworth offered a floor amendment.

1999-1494s

05/10

Floor Amendment to HB 374

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

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

1 Funds Lapsed; Department of Health and Human Services. Notwithstanding any other provision of law, the following amounts shall lapse to the general fund from the department of health and human services.

I. $558,317 in state fiscal year 1999 from PAU 05-01-03-02-05, class 000, revenue account 3881 (Federal Funds, Title IV-E, Foster Care).

II. $939,137 in state fiscal year 1999 from PAU 05-01-03-02-05 class 000, revenue account 0230 (Federal Funds, Title XIX, Medicaid).

III. $3,944,108 in state fiscal year 1999 from PAU 05-01-02-04-10, class 000, revenue account 3951 (Federal Funds, Medicaid System Certification).

2 Supplemental Appropriations. In addition to any other sums for the fiscal year ending June 30, 1999, the following appropriations and charges are hereby authorized for the following departments and agencies. Said appropriations shall be a charge against the funds as specified in the individual appropriation:

FY 1999

05 Health and Social Services

01 Dept of Health and Human Services

04 Div of Human Services

04 Financial Grants

05 Medical Grants

Provider Payments 19,648,718

Total 19,648,718

Estimated Source of Funds For Medical Grants

00 Federal Funds 9,824,343

05 Private Local Funds (290,671)

09 Agency Income 3,198,242

General Fund 6,916,804

Total 19,648,718

05 Health and Social Services

01 Dept of Health and Human Services

04 Division of Human Services

04 Financial Grants

06 Nursing Services

90 Nursing Services (386,992)

91 Home Nursing Services (124,683)

93 Other Nursing Services (508,341)

95 Mid Level Care (375,000)

Total (1,395,016)

Estimated Source of Funds For Nursing Services

00 Federal Funds (675,057)

05 Private Local Fund (4,441,226)

General Fund 3,721,267

Total (1,395,016)

01 General Government

10 NH Retirement System

02 State Contributions

92 Retirees Health Insurance 3,250,000

Total 3,250,000

Estimated Source of Fund for State Contributions

General Fund 3,250,000

Total 3,250,000

05 Health and Social Services

01 Dept of Health and Human Services

03 Division of Children Youth and Families

02 Bureau of Children’s Services

05 DCYF – Settlement Services

90 Foster care IV-E 893,183

93 Residential 1,785,882

Total 2,679,065

Estimated Source of Funds For Settlement Services

00 Federal Funds 4,073,667

05 Private Local Funds (348,228)

General Fund (1,046,374)

Total 2,679,065

05 Health and Social Services

01 Dept of Health and Human Services

09 Office of Information Systems

01 Management Systems

29 Transfers to Data Center 2,500,000

Total 2,500,000

Estimated Source of Funds For Management Systems

00 Federal Funds 1,250,000

General Fund 1,250,000

Total 2,500,000

3 Personnel Appropriations and Reductions; General Fund Appropriation Reduction; Health and Human Services. Amend 1997, 350:10, I to read as follows:

I. The commissioner of the department of health and human services shall provide the commissioner of the department of administrative services a list of general fund reductions for permanent, temporary, and unclassified personnel services and related fringe benefits on July 31, 1997, and for whatever period is necessary to result in a total general fund appropriation reduction of $3,250,000 in each year of the biennium ending June 30, 1999. The commissioner of the department of health and human services shall provide the commissioner of administrative services with a list of additional reductions of $1,250,000 for the fiscal year ending June 30, 1999. Such reductions shall limit the aggregate number of permanent, temporary, and unclassified positions in pay status to those in aggregate positions funded by remaining appropriations in the department of health and human services. Upon receipt of the commissioner’s list, the commissioner of the department of administrative services shall make the appropriate reductions.

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

1999-1494s

AMENDED ANALYSIS

This bill makes adjustments to the budget for the department of health and human services and the New Hampshire retirement system for fiscal year 1999.

Senator Pignatelli moved reconsideration on HB 245-FN, relative to fees and appropriations to the division of safety services.

Senator Pignatelli moved to have HB 245-FN, relative to fees and appropriations to the division of safety services, laid on the table.

HB 245-FN, relative to fees and appropriations to the division of safety services.

HB 262-L, relative to emergency expenditures and over expenditures by school boards. Education Committee. Vote 6-0. Ought to Pass, Senator Cohen for the committee.

HB 532, establishing a commission to study early childhood education. Education Committee. Vote 5-0. Ought to pass with amendment, Senator McCarley for the committee.

1999-1412s

04/09

Amend subparagraph I (b) as inserted by section 3 of the bill by replacing it with the following:

(b) Three members of the senate, one of whom shall be the chairperson of the education committee or designee, appointed by the president of the senate.

Amend paragraph II of section 3 of the bill by inserting after subparagraph (h) the following new subparagraph:

(i) The commissioner of the department of health and human services, or designee.

Amend the bill by replacing sections 6-7 with the following:

6 Report. The commission shall submit an interim report to the speaker of the house, the president of the senate, and to the governor no later than June 1, 2000, and shall submit a final report of its findings no later than November 1, 2000.

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

HJR 9, urging the United States Congress and federal Environmental Protection Agency to eliminate federal requirements for oxygenate additives for gasoline. Environment Committee. Vote 3-0. Ought to Pass, Senator Johnson for the committee.

HB 727-FN, establishing a committee to study the problems and possible regulation of outdoor lighting. Environment Committee. Vote 2-1. Ought to Pass, Senator Russman for the committee.

Senator Squires in favor of the motion of ought to pass on HB 727-FN.

1999-1444CofC

04/09

Committee of Conference Report on HB 67, an act relative to termination of parental rights upon a finding of either child abuse or the commission of certain criminal offenses.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 Purpose; Intent. The purpose of this amendment to RSA 170-C is to initiate New Hampshire’s compliance with the Adoption and Safe Families Act of 1997 that became effective on November 19, 1997. The Adoption and Safe Families Act is designed and intended to reform parts of the current child welfare system and to promote the safety, permanency and well being of children in out-of-home placements.

2 Grounds for Termination of Parent-Child Relationship. Amend RSA 170-C:5, III to read as follows:

III. The parents, subsequent to a finding of child neglect or abuse under RSA 169-C, have failed to correct the conditions leading to such a finding within [18] 12 months of the finding despite reasonable efforts under the direction of the district court to rectify the conditions.

3 New Section; Termination of Parental Rights; Termination Petition Required; Reasonable Efforts to Reunify the Family Required. Amend RSA 169-C by inserting after section 24 the following new section:

169-C:24-a Petition for Termination of Parental Rights Required; Reasonable Efforts to Reunify.

I. The state, through an authorized agency, or if required by a district court, shall file a petition for termination of parental rights or, if such a petition has been filed by another party, the state shall seek to be joined as a party to such petition, where any one or more of the following circumstances exist:

(a) Where a child has been in an out-of-home placement pursuant to a finding of child neglect or abuse, under the responsibility of the state, for 12 of the most recent 22 months.

(b) Where a court of competent jurisdiction has determined that a child has been abandoned as defined by RSA 170-C:5, I; or

(c) Where a court of competent jurisdiction has made any one or more of the following determinations:

(1) That the parent has been convicted of murder of another child of the parent pursuant to RSA 630:1-a or RSA 630:1-b.

(2) That the parent has been convicted of manslaughter of another child of the parent pursuant to RSA 630:2.

(3) That the parent has been convicted of attempt, pursuant to RSA 629:1, solicitation, pursuant to RSA 629:2, or conspiracy, pursuant to RSA 629:3, to commit any of the offenses specified in subparagraphs I (c) (1) or I (c) (2).

(4) That the parent has been convicted of a felony assault under RSA 631:1, 631:2, 632-A:2, or 632-A:3 that resulted in serious bodily injury to the child or to another child of the parent.

II. Concurrent with the filing or joinder in a petition for termination of parental rights as defined in paragraph I of this section, the state shall seek to identify, recruit, and approve a qualified family for adoption in accordance with the provisions of RSA 170-B, and in accordance with the principle that the health and safety of the child shall be the paramount concern.

III. The state may not be required to file a petition for termination of parental rights, or seek to be joined as a party to such a petition, if one or more of the following conditions exist:

(a) The child is being appropriately cared for by a relative.

(b) A state agency has documented in the case file a compelling reason for determining that filing a petition for termination of parental rights would not be in the best interests of the child; or

(c) The state has not provided to the family of the child, consistent with RSA 170-C:5, III, such services and reasonable efforts as the state deems necessary for the safe return of the child to the child’s home. In determining whether the state has made reasonable efforts to prevent placement and reunify the family, the district court shall consider whether services to the family have been accessible, available, and appropriate.

IV. The state shall submit a sworn statement prior to any district court hearing in which the court is to determine whether there have been reasonable efforts to prevent placement, reunify the family, or make and finalize a new permanent home for the child. Such statement shall be submitted to the court and to the parties at least 5 days prior to the hearing, and shall describe such reasonable efforts made by the state or the rationale for not making such efforts.

4 New Paragraph; Termination of Parental Rights; Grounds for Termination of Parent-Child Relationship. Amend RSA 170-C:5 by inserting after paragraph VI the following new paragraph:

VII. The parent has been convicted of one or more of the following offenses:

(a) Murder of another child of the parent, pursuant to RSA 630:1-a or 630:1-b.

(b) Manslaughter of another child of the parent pursuant to RSA 630:2.

(c) Attempt, pursuant to RSA 629:1, solicitation, pursuant to RSA 629:2, or conspiracy, pursuant to RSA 629:3, to commit any of the offenses specified in subparagraphs VII(a) and VII(b).

(d) A felony assault under RSA 631:1, 631:2, 632-A:2, or 632-A:3 which resulted in serious bodily injury to the child or to another child of the parent.

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

The signatures below attest to the authenticity of this Report on HB 67, an act an act relative to termination of parental rights upon a finding of either child abuse or the commission of certain criminal offenses.

Sen. Pignatelli, Dist. 13 Rep. Lyman, Carr. 5

Sen. Fernald, Dist. 11 Rep. I. Pratt, Ches. 5

Sen. Squires, Dist. 12 Rep. Bickford, Straf. 1

Rep. Moran, Hills. 15

1999-1444CofC

AMENDED ANALYSIS

This bill:

I. Provides that, under certain circumstances, the state shall be required to file or join a petition for termination of parental rights.

II. Reduces from 18 months to 12 months the time allowed, subsequent to a finding of child abuse, for a parent to correct the conditions leading to such a finding.

III. Specifies additional grounds under which a termination of a parental rights petition may proceed.

Senator Pignatelli moved concurrence.

HB 448, relative to the board of dental examiners and the regulation of dentists and dental hygienists. Executive Departments and Administration Committee. Vote 3-1. Ought to pass with amendment, Senator Brown for the committee.

1999-1476s

10/09

Amend the bill by inserting after section 13 the following and renumbering the original sections 14-30 to read as 15-31, respectively:

14 Rulemaking; Dental Assistants. Amend RSA 317-A:12, XII-b to read as follows:

XII-b. Procedures which may be assigned by a licensed dentist to dental hygienists, dental assistants, and to persons not licensed to practice dentistry. Notwithstanding any other provision of law to the contrary, the board may adopt rules relative to certified dental assistants performing polishing. Such rules shall not authorize a certified dental assistant to perform a complete oral prophylaxis; and

Senator Cohen moved to have HB 448, relative to the board of dental examiners and the regulation of dentists and dental hygienists, laid on the table.

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

HB 527, relative to the duties of the public utilities commission. Executive Departments and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator Cohen for the committee.

1999-1445s

03/09

Amend the bill by replacing section 2 with the following:

2 Public Utilities Commission; Appointment, Qualification, etc.; Prohibition on Future Employment. RSA 363:12-b is repealed and reenacted to read as follows:

363:12-b Prohibition on Future Employment. For one year after leaving the employment of the commission, the commissioners and general counsel shall not appear as a lobbyist or as an advocate in any matter over which the commissioner or general counsel had direct responsibility while with the commission.

HCR 5, encouraging New Hampshire Public Radio to extend its broadcast signal to northern areas of New Hampshire. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Below for the committee.

HCR 12, urging the United States Congress to enact legislation which prohibits the federal government from recouping state tobacco settlement funds. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Below for the committee.

HB 519-L, requiring law enforcement agencies to adopt written policies regarding emergency responses and vehicular pursuits. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Below for the committee.

Senator Klemm offered a floor amendment.

1999-1490s

09/01

Floor Amendment to HB 519-LOCAL

Amend RSA 265:8-a as inserted by section 1 of the bill by replacing it with the following:

265:8-a Police Pursuit and Emergency Response. Each state, county and local law enforcement agency that conducts emergency response and vehicular pursuits shall adopt a written policy or policies that set forth the manner in which these operations shall be conducted. Such policy or policies shall conform to state or national accreditation standards as adopted by the police standards and training council or the national commission on accreditation for law enforcement agencies and shall be kept on file and available for inspection by the police standards and training council and the attorney general.

HB 69, relative to the definition of employee under certain labor laws and relative to overtime pay for hourly employees. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Fraser for the committee.

1999-1451s

10/09

Amend the bill by replacing section 6 with the following:

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

HB 82, establishing a committee to study financial arrangements among hospitals, physicians, and insurance companies. Insurance Committee. Vote 6-0. Ought to pass with amendment, Senator Fraser for the committee.

1999-1440s

01/09

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

AN ACT establishing a committee to study financial arrangements among hospitals, health care providers, and insurance companies.

Amend the bill by replacing section 1 with the following:

1 Committee Established. There is established a committee to study financial arrangements among hospitals, health care providers, and insurance companies.

Amend the bill by replacing section 3 with the following:

3 Duties. The committee shall study the financial arrangements and contracts among hospitals, health care providers, and insurance companies. The study shall include, but not be limited to, how these arrangements affect insurance premiums and health care costs in New Hampshire. The committee shall examine how reimbursement rates are determined and withholdings are calculated. The committee may seek outside information from any relevant source.

Amend the bill by replacing section 6 with the following:

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

1999-1440s

AMENDED ANALYSIS

This bill establishes a committee to study financial arrangements among hospitals, health care providers, and insurance companies.

SB 15-FN-A, creating a position within the insurance department and making an appropriation therefor. Finance Committee. Vote 8-0. Inexpedient to Legislate, Senator Squires for the committee.

SB 68, establishing minimum 300 foot buffer zones around sensitive areas from application of herbicides, authorizing a study of environmental effects from residual herbicides and making an appropriation therefor. Finance Committee. Vote 8-0. Ought to pass with amendment, Senator Squires for the committee.

1999-1483s

08/10

Amend the bill by replacing section 4 with the following:

4 Appropriation. The sum of $20,000 is hereby appropriated to the scientific measurement and monitoring of residual pesticides in the waters and aquatic resources of the state fund for the biennium ending June 30, 2001 for the purposes of section 2 of this act. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

SB 143-FN, relative to penalties for incest. Finance Committee. Vote 8-0. Ought to pass with amendment, Senator Squires for the committee.

1999-1479s

05/09

Amend the bill by replacing section 2 with the following:

2 New Paragraph; Maximum and Minimum Sentences for Incest Involving Victims Under the Age of 16. Amend RSA 639:2 by inserting after paragraph II the following new paragraph:

III. Notwithstanding the provisions of paragraph I, a person convicted of incest where the victim is under the age of 16 shall be sentenced to a maximum sentence which is not to exceed 20 years and a minimum which is not to exceed ½ the maximum. Notwithstanding the provision of this paragraph, no person under 18 years of age shall be subject to any minimum sentence of imprisonment for a conviction of incest under this section.

1999-1479s

AMENDED ANALYSIS

This bill eliminates the statute of limitations when an incest victim is under age 18, and establishes a maximum and minimum sentence for incest when the victim is under age 16. Defendants under the age of 18 will not be subject to any minimum sentence of imprisonment.

SB 147, relative to self-referrals for chiropractic care under managed care organizations. Finance Committee. Vote 7-1. Ought to pass with amendment, Senator Larsen for the committee.

1999-1484s

10/03

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

1 New Section; Comparable Fees Required. Amend RSA 415 by inserting after section 18-h the following new section:

415:18-i Comparable Fees Required. Every insurer that issues or renews any individual policy of accident or health insurance regulated under this chapter that covers care by doctors of chiropractic shall provide benefit payments at least equal to and consistent with the benefit payments to other health care providers. No such insurer regulated under this chapter shall restrict the use of diagnostic code or current procedural terminology (CPT) codes for any provider group if those procedures are allowed for in the group’s scope of practice and are deemed medically or chiropractically necessary. The commissioner of insurance shall adopt rules, under RSA 541-A, within 120 days of the effective date of this section for the administration of this section.

2 New Sections; Chiropractic Care. Amend RSA 420-A by inserting after section 17-b the following new sections:

420-A:17-c Self-referrals for Chiropractic Care. A health service corporation under this chapter offering chiropractic benefits shall provide benefits to a subscriber who utilizes services of a chiropractic provider (doctor of chiropractic) by self-referral under the following conditions:

I. A subscriber may utilize the services of a doctor of chiropractic within the subscriber’s health plan without discrimination relative to scope of practice, access, and fees.

II. The health service corporation shall fully disclose to the subscriber in clear and understandable language the exact terms and conditions of each option that the subscriber has purchased along with the co-payments or other cost-sharing features of each option. The commissioner of insurance shall adopt rules, under RSA 541-A, within 120 days of the effective date of this section, regarding presentation of these terms and conditions to facilitate the comparison by the subscriber of the terms and conditions of each option.

III. All health service corporation subscribers shall have 10 self-referral visits without referral. Following the initial evaluation of the patient the doctor of chiropractic shall send to the health service corporation or its designee the chiropractic case findings.

IV. After 10 self-referral visits, a subscriber who is continuing chiropractic care may be subject to utilization review from the health service corporation or its designee for the purpose of continued care. Any denial of continued care must be determined by a provider of the same specialty. The commissioner of insurance shall adopt rules, under RSA 541-A, within 120 days of the effective date of this section, for the purpose of implementing this section.

V. Capitation rates shall not be less than the sum equivalent of the prevailing fees relative to the designated number of visits. The commissioner of insurance shall adopt rules, under RSA 541-A, within 120 days of the effective date of this section, concerning capitation limits under this section. Nothing in this section is intended to restrict the ability of an insurer to offer a chiropractic rider product, which provides an annual capped benefit.

VI. The patient shall retain the right to choose chiropractic care on an elective, self-pay, fee-for-service basis; no health service corporation regulated under this section shall prohibit a doctor of chiropractic from continuing care on an elective, self-pay, fee-for-service basis.

420-A:17-d Comparable Fees Required. Every health service corporation regulated under this chapter that covers care by doctors of chiropractic shall provide benefit payments at least equal to and consistent with the benefit payments to other health care providers. No health service corporation regulated under this chapter shall restrict the use of diagnostic code or current procedural terminology (CPT) codes for any provider group if those procedures are allowed for in the group’s scope of practice and are deemed medically or chiropractically necessary. The commissioner of insurance shall adopt rules, under RSA 541-A, within 120 days of the effective date of this section for the administration of this section.

3 New Sections; Chiropractic Care. Amend RSA 420-B by inserting after section 26 the following new sections:

420-B:27 Self-referrals for Chiropractic Care. A health maintenance organization under this chapter offering chiropractic benefits shall provide benefits to an enrollee who utilizes services of a chiropractic provider only by a licensed chiropractor (doctor of chiropractic) by self-referral under the following conditions:

I. An enrollee may utilize the services of a doctor of chiropractic within the enrollee’s health maintenance organization without discrimination relative to scope of practice, access, and fees.

II. The health maintenance organization shall fully disclose to the enrollees in clear and understandable language the exact terms and conditions of each option that the enrollee has purchased along with the co-payments or other cost-sharing features of each option. The commissioner shall adopt rules, under RSA 541-A, within 120 days of the effective date of this section, regarding presentation of these terms and conditions to facilitate the comparison by the enrollee of the terms and conditions of each option.

III. All health maintenance organization subscribers shall have 10 self-referral visits without referral. Following the initial evaluation of the patient the doctor of chiropractic shall send to the health maintenance organization or its designee the chiropractic case findings.

IV. After 10 self-referral visits, a subscriber who is continuing chiropractic care may be subject to utilization review from the health maintenance organization or its designee for the purpose of continued care. A provider of the same specialty must determine any denial of continued care. The commissioner of insurance shall adopt rules, under RSA 541-A, within 120 days of the effective date of this section, for the purpose of implementing this section.

V. The capitation rates shall not be less than the sum equivalent of the prevailing fees relative to the designated number of visits. The commissioner of insurance shall adopt rules, under RSA 541-A, within 120 days of the effective date of this section, concerning capitation limits under this section. Nothing in this section is intended to restrict the ability of an insurer to offer a chiropractic rider product, which provides an annual capped benefit.

VI. The patient shall retain the right to choose chiropractic care on an elective, self-pay, fee-for-service basis; no health maintenance organization regulated under this section shall prohibit a doctor of chiropractic from continuing care on an elective, self-pay, fee-for-service basis.

420-B:28 Comparable Fees Required. Every health maintenance organization or third party payor regulated under this chapter that covers care by doctors of chiropractic shall provide benefit payments at least equal to and consistent with the benefit payments to other health care providers. No health maintenance organization regulated under this chapter shall restrict the use of diagnostic code or current procedural terminology (CPT) codes for any provider group if those procedures are allowed for in the group’s scope of practice and are deemed medically or chiropractically necessary. The commissioner of insurance shall adopt rules, under RSA 541-A, within 120 days of the effective date of this section for the administration of this section.

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

SB 153-FN-A, requiring that a percentage of profits derived by the liquor commission be placed into and continually appropriated to a special fund for an alcohol education and abuse prevention and treatment programs. Finance Committee. Vote 8-0. Ought to Pass, Senator Below for the committee.

SB 197-FN-A, establishing a pilot program for opioid agonist therapy of addiction and making an appropriation therefor. Finance Committee. Vote 8-0. Ought to Pass, Senator Squires for the committee.

SB 209-FN-L, establishing a study committee on certain matters concerning superior court justices. Finance Committee. Vote 8-0. Ought to Pass, Senator McCarley for the committee.

HB 570, restricting a presiding judge's authority to interrupt jury deliberations. Judiciary Committee. Vote 6-1. Inexpedient to Legislate, Senator Trombly for the committee.

HB 667, relative to the quorum required for sessions of the supreme court. Judiciary Committee. Vote 7-0. Ought to pass with amendment, Senator Brown for the committee.

1999-1435s

09/01

Amend the bill by replacing section 1 with the following:

1 Quorum Required for Supreme Court Sessions. Amend RSA 490:7 to read as follows:

490:7 Quorum. Sessions of the court [may] shall be held by at least 3 supreme court justices. A lesser number, or the clerk, if no justice attends, may adjourn the sessions from day to day until 3 justices attend. If one or more of the justices present is disqualified to sit in any case, one or more temporary justices may be assigned in accordance with RSA 490:3 [or the remaining justices or justice shall hear and determine the case with all the power of the court]; provided that at least 3 justices, either full-time or temporarily appointed, must sit, participate, and decide.

1999-1435s

AMENDED ANALYSIS

This bill requires that at least 3 supreme court justices sit, participate, and decide in each case before the supreme court.

HB 438, relative to certain changes to the membership of the advisory committee on child care. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to Pass, Senator McCarley for the committee.

HB 463-L, relative to local regulation of junk yards and altering the definition of federal aid primary system for purposes of the laws regarding highway regulations, protection and control regulations. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.

1999-1425s

08/09

Amend the bill by inserting after section 3 the following and renumbering the original section 4 to read as 5:

4 Repeal. RSA 236:111-a, relative to an exception to the laws governing motor vehicle recycling yards and junk yards for facilities approved under RSA 149-M, is repealed.

1999-1425s

AMENDED ANALYSIS

This bill gives towns jurisdiction to regulate junk yards within 1,000 feet of certain federal and state highways.

This bill alters the definition of federal aid primary system to include any highway included in the national highway system for purposes of the laws regarding highway regulations, protection and control regulations.

This bill also eliminates an exception to the laws governing motor vehicle recycling yards and junk yards for facilities approved under RSA 149-M.

Senator Below having voted with the prevailing side moved reconsideration on HCR 12, urging the United States Congress to enact legislation which prohibits the federal government from recouping state tobacco settlement funds, whereby we ordered it to third reading.

HCR 12, urging the United States Congress to enact legislation which prohibits the federal government from recouping state tobacco settlement funds.

Senator Below moved to have HB 562, relative to the date of decision for appeals of zoning matters, taken from the table.

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

Senator Hollingworth offered a floor amendment.

1999-1487s

08/10

Floor Amendment to HB 562

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

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

5 Ratification of the March 6, 1999 East Kingston School District Annual Meeting. All acts, votes, notices, and proceedings of the East Kingston School District annual meeting held on March 6, 1999 and the related public hearing held on February 4, 1999 are hereby legalized, ratified, and confirmed.

6 Effective Date.

I. Section 5 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect January 1, 2000.

1999-1487s

AMENDED ANALYSIS

This bill clarifies what day the period starts for filing of zoning board of adjustment motions for rehearings, zoning board of adjustment appeals, and planning board appeals.

This bill also ratifies all acts, votes, notices, and proceedings of the East Kingston School District annual meeting held on March 6, 1999.

Senator Below moved to have HB 562, relative to the date of decision for appeals of zoning matters, laid on the table.

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

Senator Russman moved to have SB 158-FN, relative to indecent exposure, taken off the table.

SB 158-FN, relative to indecent exposure. Ought to pass.

Senator Russman offered a floor amendment.

1999-1505s

05/01

Floor Amendment to SB 158-FN

Amend RSA 645:1, I(a) as inserted by section 1 of the bill by replacing it with the following:

(a) Fornicates, exposes his or her genitals or performs any other act of gross lewdness with the intent to cause affront or alarm.

Senator Cohen moved to have HB 56, establishing a procedure for reinstating corporate charters that have been expired for more than 3 years, taken off the table.

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

Senator Cohen offered a floor amendment.

1999-1309s

08/09

Floor Amendment to HB 56

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

Amend the bill by replacing section 5 with the following:

5 New Section; Late Reinstatement Hearing; Notice; Requirements. Amend RSA 293-A by inserting after section 14.22 the following new section:

293-A:14.22-a Late Reinstatement Hearing; Notice; Requirements.

(a) A corporation administratively dissolved under RSA 293-A:14.21 may apply to the secretary of state for late reinstatement if more than 3 years have expired since the effective date of dissolution. The application shall:

(1) Recite the name of the corporation and the effective date of its administrative dissolution;

(2) State that the ground or grounds for dissolution either did not exist or have been eliminated;

(3) State that the corporation’s name or proposed name satisfies the requirements of RSA 293-A:4.01;

(4) Contain a certificate from the New Hampshire department of revenue administration in accordance with RSA 77-A:18, III, and RSA 77-E:12, III;

(5) Contain a statement asserting that no lawsuits are pending against the corporation;

(6) Contain a statement explaining the reason that reinstatement is being requested;

(7) Include all of the annual report fees and annual franchise fees, if any, for each year since the date of dissolution; and

(8) Contain a statement from the commissioner of the department of employment security showing that to the best of the commissioner’s knowledge, as of the date of the statement, such corporation has paid all of its contributions or that it was not liable for any contributions, or that it has made adequate provisions, with such surety as shall be satisfactory to the future payment of any contributions.

(b) If the secretary of state determines that the application contains the information required by subsection (a), and that the corporation name is available for registration, and that it is accompanied by the fee required in RSA 293-A:1.22(a)(13), the secretary of state shall schedule a public hearing on the late reinstatement. The public hearing shall be held before the secretary of state, or designee and the attorney general, or designee. Any interested party shall have the right to testify at a late reinstatement hearing. Late reinstatement hearings shall be conducted twice a year, on April 1 and September 1. If any such date falls upon a Saturday, Sunday or legal holiday, the hearing shall be held on the first business day after each date. An application for late reinstatement must be received at least one month prior to a hearing date in order to be scheduled for that date.

(c) Notice of the late reinstatement hearing shall be published one time in a newspaper of general circulation in the county where the dissolved corporation’s principal office, or, if none in this state, its registered office, is or was last located. The notice shall:

(1) Clearly state the reason for the hearing.

(2) State the date, time, location of the hearing.

(3) Indicate that all interested parties are encouraged to attend or submit written comments within one week of the hearing.

(4) Include the mailing address of the secretary of state.

(d) If, after the public hearing, the secretary of state, in conjunction with the attorney general, determines that the information submitted in the application for late reinstatement is correct and that the corporation should be reinstated, the secretary of state shall cancel the notice of dissolution and prepare a notice of reinstatement that recites the determination and the effective date of reinstatement and mail said notice to the corporation.

(e) If the application for reinstatement included a change of name of the corporation, the notice shall set forth the change of name of the corporation and the fee required pursuant to RSA 293-A:1.22(a)(2), and the notice shall constitute an amendment to the articles of incorporation. If the application for reinstatement included a change of the registered agent, the notice shall set forth the name of the new registered agent and the fee required pursuant to RSA 293-A:1.22(b)(5).

(f) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred.

(g) Except for provisions and requirements set forth in this section, late reinstatement hearings shall be subject to RSA 421-B:26-a.

1999-1309s

AMENDED ANALYSIS

This bill establishes a procedure for reinstating corporations that have been administratively dissolved for more than 3 years.

Senator Mccarley having voted with the prevailing side moved reconsideration on HB 532, establishing a commission to study early childhood education, whereby we ordered it to third reading.

1999-1512s

04/10

Floor Amendment to HB 532

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

Amend the bill by replacing all after section 6 with the following:

7 Ratification of the March 6, 1999 East Kingston School District Annual Meeting. All acts, votes, notices, and proceedings of the East Kingston School District annual meeting held on March 6, 1999 and the related public hearing held on February 4, 1999 are hereby legalized, ratified, and confirmed.

8 Effective Date.

I. Section 7 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect 60 days after its passage.

1999-1512s

AMENDED ANALYSIS

This bill establishes an early childhood education commission to study, identify, and prioritize the early childhood experiences, including parental involvement, teaching, early care, and education.

This bill also ratifies all acts, votes, notices, and proceedings of the East Kingston School District annual meeting held on March 6, 1999.

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 16, relative to the filing fee for securities in a combined prospectus offered for sale in New Hampshire by a mutual fund.

SB 16, relative to the filing fee for securities in a combined prospectus offered for sale in New Hampshire by a mutual fund.

Senator Pignatelli moved to concur.

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 24, extending the application of certain provisions of the child protection act to all children in out-of-home placements.

SB 24, extending the application of certain provisions of the child protection act to all children in out-of-home placements.

Senator Pignatelli moved to concur.

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 25, expanding the waiver of administration under the law regarding decedents' estates.

SB 25, expanding the waiver of administration under the law regarding decedents' estates.

Senator Pignatelli moved to concur.

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 26, establishing a committee to study trustee process.

SB 26, establishing a committee to study trustee process.

Senator Pignatelli moved to concur.

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 111, relative to requirements for acknowledgements and jurats by justices of the peace.

SB 111, relative to requirements for acknowledgements and jurats by justices of the peace.

Senator Pignatelli moved to concur.

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 112, relative to the guardianship of minors.

SB 112, relative to the guardianship of minors.

Senator Pignatelli moved to concur.

Senator Fraser served notice of reconsideration on HB 532, establishing a commission to study early childhood education.

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, that the bills ordered to third reading be read a third time by this resolution, all titles be the same as adopted and that they be passed at the present time.

Senator Cohen moved that the Senate be in recess for the purpose of House Messages, introduction of bills, Enrolled Bills Reports and amendments, and that when we adjourn, we adjourn until the Call of the Chair.

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

SB 68, establishing minimum 300 foot buffer zones around sensitive areas from application of herbicides, authorizing a study of environmental effects from residual herbicides and making an appropriation therefor.

HB 69, relative to the definition of employee under certain labor laws and relative to overtime pay for hourly employees.

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

SB 143-FN, relative to penalties for incest.

SB 147, relative to self-referrals for chiropractic care under managed care organizations.

SB 153-FN-A, requiring that a percentage of profits derived by the liqour commission be placed into and continually appropriated to a special fund for an alcohol education and abuse prevention and treatment programs.

SB 158-FN, relative to indecent exposure.

SB 197-FN-A, establishing a pilot program for opioid agonist therapy of addiction and making an appropriation therefor.

SB 209-FN-L, establishing a study committee on certain matters concerning superior court justices.

HB 262-L, relative to emergency expenditures and over expenditures by school boards.

HB 374, relative to the order of names on presidential primary election ballots.

HB 438, relative to certain changes to the membership of the advisory committee on child care.

HB 463-L, relative to local regulation of junk yards and altering the definition of federal aid primary system for purposes of the laws regarding highway regulations, protection and control regulations.

HB 519-L, requiring law enforcement agencies to adopt written policies regarding emergency responses and vehicular pursuits.

HB 527, relative to the duties of the public utilities commission.

HB 532, establishing a commission to study early childhood education.

HB 667, relative to the quorum required for sessions of the supreme court.

HB 727-FN, establishing a committee to study the problems and possible regulation of outdoor lighting.

HCR 5, encouraging New Hampshire Public Radio to extend its broadcast signal to northern areas of New Hampshire.

HJR 9, urging the United States Congress and federal Environmental Protection Agency to eliminate federal requirements for oxygenate additives for gasoline.