Out of Recess.

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

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

HB 374, making adjustments to the fiscal year 1999 budget for the department of health and human services and the New Hampshire retirement system.

Senator D'Allesandro moved adoption.

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 252, establishing a committee to study all aspects of the condominium act established under RSA 356-B.

HB 301, relative to burials and funerals at the New Hampshire state veterans cemetery.

HB 314, relative to the escrowing of certain utility payments.

HB 331, relative to voiding warranties on leased or purchased motor vehicles where any additional equipment is installed after leaving the factory, and creating penalties for failure to disclose this information to consumers.

HB 399, allowing the secretary of state to have flexibility in moving the date of New Hampshire's presidential primary and changing the filing period for declarations of candidacy for candidates for president and vice-president at the presidential primary.

HB 665, relative to the New Hampshire emergency management compact with other jurisdictions.

HB 684, making adjustments to the fiscal year 1999 budget for the department of health and human services.

HB 744, ratifying the Plainfield Village Water District annual meeting held on March 27, 1999, and the Gilford School District annual meeting held on March 17, 1999.

HCR 7, urging the federal government not to adopt rules requiring financial institutions to monitor their customers' banking habits.

HCR 11, urging Congress and the Internal Revenue Service to modify tax laws to broaden the ability of taxpayers to make tax-deductible contributions to Nuclear Decommissioning Reserve Funds.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 252-HCR 11 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 252, establishing a committee to study all aspects of the condominium act established under RSA 356-B. Public Affairs

HB 301, relative to burials and funerals at the New Hampshire state veterans cemetery. Internal Affairs

HB 314, relative to the escrowing of certain utility payments. Energy and Economic Development

HB 331, relative to voiding warranties on leased or purchased motor vehicles where any additional equipment is installed after leaving the factory, and creating penalties for failure to disclose this information to consumers. Transportation

HB 399, allowing the secretary of state to have flexibility in moving the date of New Hampshire's presidential primary and changing the filing period for declarations of candidacy for candidates for president and vice-president at the presidential primary. Public Affairs

HB 665, relative to the New Hampshire emergency management compact with other jurisdictions. Executive Departments and Administration

HB 684, making adjustments to the fiscal year 1999 budget for the department of health and human services. Finance

HB 744, ratifying the Plainfield Village Water District annual meeting held on March 27, 1999, and the Gilford School District annual meeting held on March 17, 1999. Internal Affairs

HCR 7, urging the federal government not to adopt rules requiring financial institutions to monitor their customers' banking habits. Banks

HCR 11, urging Congress and the Internal Revenue Service to modify tax laws to broaden the ability of taxpayers to make tax-deductible contributions to Nuclear Decommissioning Reserve Funds. Environment

Senator Cohen moved that the business of day being complete that the Senate now adjourn until Thursday, June 17, 1999 at 10:30 a.m.

The Senate met at 10:30 a.m.

A quorum was present.

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

Senator Cohen led the Pledge of Allegiance.

Senator Klemm is excused for the day.

The House of Representatives has adopted the recommendation of the Committee of Conference to which was referred the following entitled House bill:

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

The House of Representatives refuses to concur with the Senate in the passage of the following entitled Bills sent down from the Senate:

SB 57, permitting challenges to judges.

SB 92, relative to education grants funded by the companion animal-neutering fund.

SB 146, granting district courts exclusive jurisdiction over actions involving certain real estate purchase deposits held in escrow accounts.

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

HB 412, an act relative to the powers of the state treasurer and increasing the limit on state indebtedness and relative to the use of bond proceeds awarded under a state guarantee.

HB 542-FN-A, repealing the legacies and succession tax.

Senator Below moved that HB 542, repealing the legacies and succession tax, be introduced and referred to Ways and Means at the present time.

Senator Below moved that the Rules of the Senate be so far suspended as to allow a committee report not in the calendar, the suspension of a hearing and the five day requirement of the hearing, and notice of said hearing in the calendar.

HB 542, repealing the legacies and succession tax. Ways and Means Committee. Senator Below for the Committee.

Senator Gordon moved that HB 745, an act authorizing the town of Ashland to call a special meeting for the purpose of raising money to address a general fund deficit, be introduced at the present time.

Senator Gordon moved that the Rules of the Senate be so far suspended reference the referral to committee, report of committee and the notice and report in the calendar, and the requirement of a five day notice for a hearing, and to further suspend the rules as to allow HB 745 to be before the senate at the present time.

HB 745, an act authorizing the town of Ashland to call a special meeting for the purpose of raising money to address a general fund deficit.

Senator Gordon moved ought to pass.

Senator Hollingworth offered a floor amendment.

1999-1649s

08/09

Floor Amendment to HB 745-LOCAL

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

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:

2 New Paragraph; Excess Education Property Tax Payment; Phased In Collection of Education Property Tax. Amend RSA 198:46 by inserting after paragraph IV the following new paragraph:

V. Any municipality in which the equalized value of utility property taxed under RSA 83-F comprises more than 50 percent of the municipality’s equalized assessed valuation, which would have had an excess education property tax obligation under this section had utility property been subject to taxation under RSA 76:3, shall phase in the collection of the education property tax on the schedule stated in paragraph IV. For each of the tax years 1999 through 2004, the amount phased in shall be the difference between the amount required to provide an adequate education in that municipality as calculated under RSA 198:40, I(a) and (b), and the total amount that would be assessed if utility property were subject to taxation under RSA 76:3. The department of education shall increase the adequate education grant paid to the school district or districts educating the children of such a municipality to ensure that the district or districts receive the amounts required to provide an adequate education as calculated in this chapter.

1999-1649s

AMENDED ANALYSIS

This bill allows the town of Ashland to call a special meeting, without seeking court permission, to raise money to address a general fund deficit. Such money may be raised from taxation, or incurring long term debt, or both. No other purposes shall be addressed at such meeting.

This bill also provides that municipalities with equalized value of utility property taxed under RSA 83-F comprising more than 50 percent of their equalized assessed valuation, which would have had an excess education property tax obligation had utility property been subject to taxation under RSA 76:3, shall phase in the collection of the education property tax based on the schedule in RSA 198:46. From 1999 through 2004 the amount phased in shall be the difference between the amount required to provide an adequate education and the total amount that would be assessed if utility property were subject to taxation under RSA 76:3.

Senator Gordon offered a floor amendment.

1999-1564s

08/09

Floor Amendment to HB 745-LOCAL

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

1 Authorization of 1999 Ashland Special Meeting to Address General Fund Deficit. Notwithstanding any law to the contrary, the town of Ashland is hereby authorized to call a special meeting in 1999, without seeking court permission, for the sole purpose of raising money to address a general fund deficit. The town is authorized to raise an amount from taxation, from the sale of assets, or by incurring long term debt, not to exceed five years, or to vote a combination of the foregoing. No other purposes shall be addressed at such meeting.

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

1999-1564s

AMENDED ANALYSIS

This bill allows the town of Ashland to call a special meeting, without seeking court permission, to raise money to address a general fund deficit. Such money may be raised from taxation, the sale of assets, incurring long term debt, or a combination thereof. No other purposes shall be addressed at such meeting.

Senator Hollingworth moved that HB 412, an act relative to the powers of the state treasurer and increasing the limit on state indebtedness and relative to the use of bond proceeds awarded under a state guarantee, be introduced into the Senate at the present time.

Senator Hollingworth moved that the Rules of the Senate be so far suspended reference the referral to committee, report of committee and the notice and report in the calendar, and the requirement of a five day notice for a hearing, and to further suspend the rules as to allow HB 412 to be before the Senate at the present time.

HB 412, an act relative to the powers of the state treasurer and increasing the limit on state indebtedness and relative to the use of bond proceeds awarded under a state guarantee.

Senator Hollingworth moved ought to pass.

HCR 2, recognizing students who display good behavior in the public schools. Education Committee. Vote 6-0. Ought to Pass, Senator J. King for the committee.

HB 265, relative to the student trustees on the university system of New Hampshire board of trustees. Education Committee. Vote 6-0. Rereferred to Committee, Senator McCarley for the committee.

Senator McCarley offered a floor amendment.

Sen. McCarley, Dist. 6

Sen. F. King, Dist. 1

Sen. Gordon, Dist. 2

Sen. Below, Dist. 5

June 17, 1999

1999-1666s

04/09

Floor Amendment to HB 265

Amend the bill by replacing all after section 3 with the following:

4 Statement of Purpose. The enactment of HB 117 (1999, 17) has created questions within cooperative school districts about how the costs of providing an adequate education should be credited against the cooperative district’s total budget. The general court’s intention is to encourage the existence of cooperative school districts, which increase educational opportunities and promote efficient delivery of education in municipalities that otherwise would be unable to provide such opportunities in a cost effective manner. The general court finds that crediting adequate education money in the cooperative districts in the next 2 years as if it were foundation aid would promote the continuation of cooperative school districts and treat the receipt of such revenue in pre-existing districts in the same manner as it is treated in single-municipality school districts. Therefore, the intention of the general court in enacting this legislation is to have the cost of an adequate education in cooperative districts credited against the pre-existing districts’ obligations to the cooperative school district as foundation aid was credited under the provisions of the former RSA 198:29, VI. The general court also finds that the issue is appropriate for further study and places the issue in the jurisdiction of the commissions established in RSA 198:49 and 1999, 17:55.

5 Cooperative School Districts; Costs of Capital Outlay and Operation; Adequate Education Grants. Amend the introductory paragraph of RSA 195:7, I to read as follows:

I. If a cooperative school district was organized prior to July 1, 1963, during the first 5 years after the formation of a cooperative school district each preexisting district shall pay its share of all capital outlay costs and [all] operational costs [in excess of the amount determined necessary to provide an adequate education under RSA 198:40, I(a)] in accordance with either one of the following formulas as determined by a majority vote of the cooperative district meeting:

6 Cooperative School Districts; Certification of District Taxes; Adequate Education Grants. Amend RSA 195:14, I (b) to read as follows:

(b) The commissioner of revenue administration shall examine such certificates and delete any appropriations which appear not made in accordance with the law, and adjust any sum, in accordance with RSA 21-J:35, which may be used as a setoff against the amount appropriated when it appears to the commissioner of revenue administration such adjustment is in the best public interest. [The commissioner of revenue administration shall apply the total amount of all adequate education grants received pursuant to RSA 198:42.]

7 Cooperative School Districts; Certification of District Taxes. Amend RSA 195:14, I (c) to read as follows:

(c) The commissioner of revenue administration shall certify to the state department of education the total amount [of taxes to be raised for the support of the cooperative school district] to be apportioned among the pre-existing school districts. Such total shall include the adequate education cost for the district under RSA 198:38, XII, and the amount above the cost of an adequate education to be assessed and collected as local educational taxes.

8 Cooperative School Districts; Certification of District Taxes; Determination of Proportional Share Amended. RSA 195:14, I (d) is repealed and reenacted to read as follows:

(d) The state department of education shall determine the proportional share of the costs above adequacy to be assessed as local education taxes as follows:

(i) First, the department shall determine each pre-existing district’s proportional share of the total amount to be apportioned based on the cooperative school district formula.

(ii) Second, the department shall then deduct each pre-existing school district’s adequate education cost under RSA 198:38, XII, from its proportional share of the total amount to be apportioned.

(iii) Third, the department shall notify the commissioner of revenue administration of its determinations.

(iv) If the amount determined in subparagraph (ii) for any pre-existing district is less than zero, the department shall reduce the adequate education grant payable to the cooperative district under RSA 198:42 by the difference between the amount determined in subparagraph (i) and the pre-existing district’s adequate education cost under RSA 198:38, XII.

9 Cooperative School Districts; State Aid Computation Amended. Amend RSA 195:15 to read as follows:

195:15 State Aid. The state aid to which a cooperative elementary and/or secondary district shall be entitled shall be the total of those shares of the aid to which the pupils attending the cooperative district would have entitled the pre-existing districts, had they remained in the pre-existing districts. For the purposes of crediting the cooperative district’s adequate education cost to the pre-existing districts, each such pre-existing district shall have its adequate education cost under RSA 198:38, XII credited against its share of the cooperative school district budget. However, cooperative school districts formed by 2 or more pre-existing districts whose boundaries approximate those of a single township in which they are located shall be treated as a single school district for the purposes of this section.

10 Cooperative School Districts; Formation Procedures; Adequate Education Grants. Amend RSA 195:18, III (e) to read as follows:

(e) The method of apportioning [all] the operating expenses [in excess of the amount determined necessary to provide an adequate education under RSA 198:40, I(a),] of the cooperative school district among the several preexisting districts and the time and manner of payment of such shares. Home education pupils who do not receive services from the cooperative school district, except an evaluation pursuant to RSA 193-A:6, II shall not be included in the average daily membership relative to apportionment formulas.

11 Cooperative School Districts; Formation Procedures; Adequate Education Grants. Amend RSA 195:18, IX to read as follows:

IX. The organization meeting of a cooperative school district shall be called to order by the chairperson of the cooperative school district planning board, or by the clerk-treasurer thereof, who shall serve as temporary chairperson for the first order of business which shall be the election of a moderator and of a temporary clerk, by ballot, who shall be qualified voters of the district. From and after the issuance of the certificate of formation by the board to the date of operating responsibility of the cooperative school district, such district shall have all the authority and powers of a regular school district for the purposes of incurring indebtedness, for the construction of school facilities and for such other functions as are necessary to obtain proper facilities for a complete program of education. When necessary in such interim, the school board of the cooperative school district is authorized to prepare a budget and call a special meeting of the voters of the district, which meeting shall have the same authority as an annual meeting, for the purpose of adopting the budget, making necessary appropriations, and borrowing money. Whenever the organization meeting is held on or before April 20 in any calendar year, no annual meeting need be held in such calendar year. Sums of money raised and appropriated at the organization meeting or any interim meeting prior to the first annual meeting shall be forthwith certified to the commissioner of revenue administration and the state department of education upon blanks prescribed and provided by the commissioner of revenue administration for the purpose, together with a certificate of estimated revenues, so far as known, and such other information as the commissioner of revenue administration may require. The commissioner of revenue administration shall examine such certificates and delete any appropriations which appear not made in accordance with the law, and adjust any sum which may be used as a setoff against the amount appropriated when it appears to the commissioner such adjustment is in the best public interest. [The commissioner of revenue administration shall apply the total amount of all adequate education grants received pursuant to RSA 198:42, as a setoff against the amount appropriated.] The commissioner of revenue administration shall certify to the state department of education the total amount of taxes to be raised for said cooperative school district and the state department of education shall determine the proportional share of said taxes to be borne by each preexisting school district and notify the commissioner of revenue administration of its determination. Upon certification by the commissioner of revenue administration the selectmen of each town shall seasonably assess the taxes as provided by law. The selectmen shall pay over to the treasurer of the cooperative district such portion of the sums so raised as may reasonably be required according to a schedule of payments needed for the year as prepared by the treasurer and approved by the cooperative school board, but no such payment shall be greater in percentage to the total sum to be raised by one local district than that of any other local district comprising such cooperative school district.

12 New Paragraph; State Aid for Educational Adequacy; Education Trust Fund; Definition of Adequate Education Cost Added. Amend RSA 198:38 by inserting after paragraph XI the following new paragraph:

XII. "Adequate education cost" means the amount calculated for a municipality in accordance with 198:41, I (a) and (b). In a cooperative school district, the adequate education cost shall equal the sum of the adequate education costs of the municipalities whose pre-existing school districts constitute the cooperative school district.

13 New Subparagraph; Adequate Education and Education Financing Commission; Duties Amended. Amend RSA 198:49, IV by inserting after subparagraph (d) the following new subparagraph:

(e) Recommend changes in policy, procedure, financing, and governance in cooperative school districts, including how the cost of an adequate education should be determined, apportioned, and credited within cooperative school districts.

14 Tax Equity and Efficiency Commission; Duties Amended. Amend 1999, 17:55, V to read as follows:

V. The commission shall study issues arising under this act relating to tax fairness and administrative implementation which may be appropriate for further legislative action, as well as other aspects of fairness and efficiency in the funding of public education. The commission shall also study and recommend changes in policy, procedure, financing, and governance in cooperative school districts, including how the cost of an adequate education should be determined, apportioned, and credited within cooperative school districts.

15 Adequate Education Grant; Town of Stratford. Notwithstanding the provisions of 1999, 17, the town of Stratford shall receive $707,000 for its adequate education grant for fiscal year 2000 and $707,000 for its adequate education grant for fiscal year 2001.

16 Kindergarten; Alternative Kindergarten Programs. 1999, 65:9 is repealed and reenacted to read as follows:

I. If a school district implements a public kindergarten program in school years 1998-1999 or 1999-2000, the school district maintaining such a kindergarten program shall receive reimbursement for fiscal year 1999 and fiscal year 2000 at the rate of ½ the average base cost per pupil of an elementary school pupil as determined in accordance with RSA 198:40. If a school district implements a public kindergarten program in school years 2000-2001 or thereafter, the school district maintaining such a kindergarten program shall receive reimbursement for each pupil at ½ the average base cost per pupil of an elementary school pupil as determined in accordance with RSA 198:40, until such pupils are counted in the average daily membership in residence for purposes of determining adequate education grants under RSA 198:40 and 198:41.

II. If the town of Springfield continues to maintain, at public expense, a kindergarten program established prior to school year 1998-1999, it shall receive reimbursement for each pupil for fiscal year 1999 and each fiscal year thereafter at the rate of ½ the average base cost per pupil of an elementary school pupil as determined in accordance with RSA 198:40 and 198:41.

III. Notwithstanding the repeal of RSA 198:15-n by 1999, 17:58, VIII, the alternative kindergarten programs in the towns of Wentworth, Rumney, and Strafford, which were approved prior to such repeal, may continue to operate as approved alternative kindergarten programs under the provisions of RSA 198:15-n which were in effect prior to April 29, 1999.

17 Kindergarten; Alternative Kindergarten Programs; Additional Funding for Fiscal Years 2000 and 2001. In addition to the provisions of section 16 of this act, and notwithstanding the provisions of RSA 198:39-42, the sum of $1,700,000 for the fiscal year ending June 30, 2000, and the sum of $3,000,000 for the fiscal year ending June 30, 2001, is hereby transferred from the education trust fund established in RSA 198:39 to the department of education for the purposes of section 16 of this act.

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

1999-1666s

AMENDED ANALYSIS

This bill increases the number of student trustees on the university system of New Hampshire board of trustees from one to 2. This bill clarifies the procedure for calculating and apportioning adequate education grants within cooperative school districts. The bill also specifies the per pupil reimbursement rates for public kindergarten programs established in the 1998-99 and 1999-2000 school years, and provides the amount of the adequate education grant for the town of Stratford.

HB 295-FN-L, relative to alternative kindergarten programs in cooperative school districts. Education Committee. Vote 7-0. Inexpedient to Legislate, Senator Larsen for the committee.

Senator McCarley moved to have HB 295-FN-L, relative to alternative kindergarten programs in cooperative school districts, laid on the table.

Adopted.

HB 295-FN-L, relative to alternative kindergarten programs in cooperative school districts

HB 454, requiring the university system of New Hampshire board of trustees to initiate a study of the status of veterans' access to higher education within the university system. Education Committee. Vote 7-0. Inexpedient to Legislate, Senator D'Allesandro for the committee.

Senators Gordon and F. King is in opposition to the motion of inexpedient to legislate on HB 454.

HB 487, relative to the adoption of bonds or notes in certain school districts and municipalities. Education Committee. Vote 5-1. Ought to Pass, Senator Cohen for the committee.

HB 675-FN, extending the applicability of postsecondary educational assistance for New Hampshire national guard members and requiring an annual reporting from state-supported postsecondary institutions. Education Committee. Vote 7-0. Ought to pass with amendment, Senator J. King for the committee.

1999-1061s

04/10

Amendment to HB 675-FN

Amend the bill by replacing section 1 with the following:

1 Prospective Repeal Extended; Postsecondary Educational Assistance for Members of the New Hampshire National Guard. Amend 1996, 237:7, I as amended by 1998, 65:2 to read as follows:

I. Section 6 of this act shall take effect [June 1, 1999] July 1, 2004.

Amend RSA 110-B:63-g as inserted by section 2 of the bill by replacing it with the following:

110-B:63-g Report. The chancellor of the university system on behalf of the university system and the commissioner of the regional community-technical colleges on behalf of the regional community-technical institute and colleges shall, no later than November 1 of each year, submit a report to the speaker of the house, the senate president, and the governor detailing the number of national guard members enrolled at postsecondary institutions for the prior fiscal year under this subdivision and the specific courses or curriculum in which such members are enrolled.

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 Committee. Vote 6-0. Ought to Pass, Senator Larsen for the committee.

HB 561-FN, reducing lab analysis fees of chemical analyses of water. Environment Committee. Vote 4-0. Ought to Pass, Senator Johnson for the committee.

HB 609, relative to construction of a sewer force main through a state land conservation easement. Environment Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

HB 274-FN, relative to the office of the consumer advocate. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Francoeur for the committee.

HB 375, relative to substitutions for disqualified and deceased candidates. Executive Departments and Administration Committee. Vote 3-0. Ought to Pass, Senator Cohen for the committee.

Senator Cohen moved to have HB 375, relative to substitutions for disqualified and deceased candidates, laid on the table.

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

HB 397, establishing a 4-year term for the commissioner of the department of corrections, and clarifying the process of appointing

personnel under the commissioner. Executive Departments and Administration Committee. Vote 4-0. Inexpedient to Legislate, Senator D'Allesandro for the committee.

HB 524, increasing the alternate members on the public employee labor relations board. Executive Departments and Administration Committee. Vote 3-0 Ought to Pass, Senator Brown for the committee.

HB 586, relative to rulemaking authority of the board of chiropractic examiners and unlawful practice of chiropractic. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Cohen for the committee.

HB 688, relative to the custody and escheat of abandoned and unclaimed property. Vote 3-0 Executive Departments and Administration Committee. Ought to Pass, Senator Brown for the committee.

HB 236-FN-L, relative to felonious disarming of a law enforcement officer. Finance Committee. Vote 7-0. Ought to Pass, Senator F. King for the committee.

HB 272-FN, relative to the use of laser pointing devices. Finance Committee. Vote 7-0. Ought to Pass, Senator J. King for the committee.

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. Finance Committee. Vote 7-0. Ought to Pass, Senator Below for the committee.

SB 219-FN-L, establishing a procedure for providing educational improvement assistance to local school districts. Finance Committee. Vote 5-2. Ought to pass with amendment, Senator McCarley for the committee.

1999-1590s

04/10

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

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

193-E:3 Delivery of an Adequate Education.

I. In order to implement New Hampshire’s policy of providing all students with the opportunity to acquire an adequate education, each school district shall put in place a local education improvement and assessment plan as follows: by June 30, 2001, and every 3 years thereafter, each school district, through a process involving parents, teachers, employers, and other community members, shall prepare and implement a local education improvement and assessment plan and file such plan with the department of education. The department of education shall comment to the district on the plan in a timely fashion. Districts may reference the statewide education improvement and assessment plan established in RSA 193-C, in preparing the district plan. At a minimum, the plan shall include:

(a) Curriculum and proficiency standards for all students.

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

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

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

(e) Role of support services and programs.

(f) Role of instructional leadership.

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

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

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

(1) Attendance and dropout rates.

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

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

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

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

III. Beginning December 1, 2002, and annually thereafter, the commissioner of education shall determine the extent to which each school district is meeting the requirements of its local education improvement and assessment plan developed under paragraph I of this section. The commissioner of education shall also determine whether each elementary, middle, junior high and high school in each district meets the standards for school approval adopted by the state board of education pursuant to RSA 186:8. A school district that meets or exceeds the quality standards in its local education improvement and assessment plan shall be recognized in accordance with RSA 193-E:4, II. A school district that does not meet the quality standards shall be designated by the commissioner of education as a school district in need of assistance. Each year, the commissioner of education shall provide a report of such determinations to the governor and council, state board of education, speaker of the house, president of the senate, and chairs of the house and senate committees responsible for education and finance.

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

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

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

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

II. A school district that has been identified pursuant to RSA 193-E:3, III as meeting or exceeding the quality standards shall receive formal recognition from the state board of education and the governor. Any school district, school, or teacher that demonstrates a best practice worthy of recognition shall also receive formal recognition from the state board of education and the governor. Such school districts, schools, or teachers shall be eligible to apply for grants from a special projects and improvement fund administered by the department of education pursuant to RSA 193-E:5, VII.

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

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

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

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

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

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

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

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

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

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

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

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

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

193-E:5 Assistance to Local School Districts.

I. By June 30, 2000, and every 3 years thereafter, the state board of education through a process that provides opportunities for public input from parents, employers, educators, and other citizens shall review and update the statewide education improvement plan developed in accordance with RSA 193-C that describes how the department of education will help schools and school districts improve student achievement. The plan shall include goals and strategies for the delivery of technical assistance and professional development, the sharing of best practices, the modification or expansion of existing programs, and the establishment of new programs.

II.(a) Notwithstanding any other provisions of law, no later than June 30, 2001, and every 5 years thereafter, the state board of education shall review and update school approval standards based on input from parents, employers, educators and other citizens.

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

III. Beginning no later than January 1, 2000 the commissioner of education shall ensure that the state curriculum frameworks adopted under RSA 193-C shall be reviewed on a staggered, 5-year cycle such that no more than 2 frameworks are being reviewed at the same time. In order to provide reliable annual comparisons of data at the school and district levels, the statewide improvement and assessment program shall be expanded to include more than the 3 grades required under RSA 193-C:6.

IV. No later than January 1, 2000, the state board of education shall adopt rules, pursuant to RSA 541-A, establishing the requirements for data keeping and the form of the report as required in RSA 193-E:3, II.

V. No later than December 1, 2000, the state board of education shall adopt rules, pursuant to RSA 541-A, for the approval of corrective action plans as required by RSA 193-E:4, IV(a).

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

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

193-E:6 Enforcement. The attorney general has authority to enforce the provisions of this act in accordance with New Hampshire law through appropriate civil and equitable relief, including but not limited to injunctive relief.

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

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

SB 228-FN, relative to spousal benefits upon the death of certain retired group II members of the New Hampshire retirement system. Finance Committee. Vote 7-0. Ought to Pass, Senator J. King for the committee.

HB 66-FN, relative to disability retirement benefits for retirement system members permanently incapacitated for duty. Insurance Committee. Vote 5-0. Ought to Pass, Senator J. King for the committee.

HB 88-FN, relative to purchasing credit for prior service for certain employees in the New Hampshire retirement system. Insurance Committee. Vote 4-0. Ought to Pass, Senator Fraser for the committee.

HB 469, raising the medical payments coverage under automobile insurance policies. Insurance Committee. Vote 5-0. Ought to Pass, Senator Fraser for the committee.

HB 471, exempting certain family owned and operated businesses from certain requirements in the workers' compensation act relative to safety programs. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Fraser for the committee.

HB 473, establishing a committee to study the non-group health insurance market. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Squires for the committee.

1999-1547s

01/09

Amend the bill by replacing section 6 with the following:

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

HB 485-FN, relative to the calculation of unemployment compensation benefits. Insurance Committee. Vote 3-0. Ought to Pass, Senator Wheeler for the committee.

HB 742, defining "domestic employee" for purposes of workers' compensation. Insurance Committee. Vote 4-0. Ought to pass with amendment, Senator Fraser for the committee.

1999-1522s

01/10

Amend the bill by replacing section 1 with the following:

1 New Paragraphs; Definitions Added. Amend RSA 281-A:2 by inserting after paragraph V the following new paragraphs:

V-a. "Domestic", "domestic employee" or "domestic worker" means a person performing domestic services in a private residence of the employer, where the employer is an individual, family, local college club, or local chapter of a college fraternity or sorority and not an agency or other entity engaged in the business of providing domestic workers to the public and the person is not defined as an independent contractor under RSA 281-A:2, VI(b).

V-b.(a) "Domestic labor" or "domestic services" means the performance of such duties as housekeeping, childcare, gardening, handy person work, and serving as a companion or caregiver for children or others who are not physically or mentally infirm.

(b) "Domestic labor" or "domestic services" shall also include the services rendered by paid roommates or live-in companions who provide fellowship, care, and protection for persons who because of advanced age, or physical or mental infirmity cannot care for their own needs, regardless of whether the paid roommate or companion is employed by an agency or entity other than the person using such services, but subject to the following limitations:

(1) The services may encompass housekeeping duties provided such services do not exceed 20 percent of the total hours worked; and

(2) The services do not include those relating to the care and protection of the aged and infirm that require and are performed by specially trained personnel such as registered or licensed practical nurses or similarly trained personnel.

HB 685-FN-A, relative to the duties of the New Hampshire land and community heritage commission. Internal Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Below for the committee.

1999-1565s

05/09

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

AN ACT relative to the duties of the New Hampshire land and community heritage commission and making an appropriation therefor.

Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as section 4:

3 Appropriation; Department of Cultural Resources; New Hampshire Land and Community Heritage Commission. The sum of $15,000 is hereby appropriated to the department of cultural resources for the fiscal year ending June 30, 2000, for the purpose of supplementing funds raised privately in anticipation of this appropriation for the purposes of continued staffing, operational support, and public outreach and communication for the New Hampshire land and community heritage commission during the 1999 legislative session. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

1999-1565s

AMENDED ANALYSIS

This bill clarifies the duties of the New Hampshire land and community heritage commission, and makes an appropriation to the department of cultural resources to fund the second year of the New Hampshire land and community heritage commission’s study.

HB 367, relative to requesting certifying scientists to appear at DWI hearings. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.

1999-1582s

05/09

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

1 Official Record of Tests. Amend RSA 265:90, I to read as follows:

I. Any person who is arraigned on a charge arising under RSA 265:84 shall file notice in said court, within [10] 30 days immediately following the receipt by the person of the results of any alcohol concentration test administered to [him] such person, requiring the attendance of the [person who conducted said test] certifying scientist. Failure to file notice shall be deemed a waiver to require [his] attendance of the certifying scientist at the trial. The official report of the test issued pursuant to RSA 265:84 shall be deemed conclusive evidence of the conduct and result of said test.

2 Boating While Intoxicated; Implied Consent for Boaters. Amend RSA 270:56, I to read as follows:

I. Any person who is arraigned on a charge arising under RSA 270:48-a shall file notice in the court, within [10] 30 days immediately following the receipt by said person of the results of any alcohol concentration test administered to [him] such person, requiring the attendance of the [person who conducted the test] certifying scientist. Failure to file notice shall be deemed a waiver to require [his] attendance of the certifying scientist at the trial. The official report of the test issued pursuant to RSA 270:49 shall be deemed conclusive evidence of the conduct and result of said test.

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

Senator Hollingworth moved reconsideration on HB 685-FN-A, relative to the duties of the New Hampshire land and community heritage commission, whereby we ordered it to third reading.

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

HB 706, relative to the definition of "sexual contact" under the sexual assault laws and relative to the registration of certain criminal offenders. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Gordon for the committee.

HJR 8, urging the Federal Energy Regulatory Commission to change the structure of the New England Independent System Operator (ISO). Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Krueger for the committee.

HB 294-FN-L, relative to state aid to municipalities for closure of certain municipal incinerators. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Krueger for the committee.

Senator Trombly moved to have HB 294-FN-L, relative to state aid to municipalities for closure of certain municipal incinerators, laid on the table.

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

HB 739, eliminating certain restrictions on the number of days bingo volunteers may serve. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Wheeler for the committee.

1999-1566s

08/09

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

AN ACT eliminating the restrictions on the number of days bingo volunteers may serve.

Amend the bill by replacing section 1 with the following:

1 Repeal. RSA 287-E:7, XIV, relative to restrictions on assisting in the conduct of bingo games or of lucky 7, is repealed.

1999-1566s

AMENDED ANALYSIS

This bill eliminates the restrictions on the number of days volunteers may assist in the conduct of bingo games or lucky 7.

HB 356, relative to the issuance of summons and notice in CHINS petitions. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator Wheeler for the committee.

1999-1517s

05/09

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

1 Issuance of Summons and Notice. Amend RSA 169-D:6, I to read as follows:

I. After a legally sufficient petition has been filed, the court shall issue a summons to be served personally or if personal service is not possible, at the usual place of abode of the person having custody or control of the child or with whom the child may be, requiring that person to appear with the child at a specified place and time which time shall not be less than 24 hours [nor more than 7 days] after service. If the person so notified is not the parent or guardian of the child, then a parent or guardian shall be notified, provided they and their residence are known, or if there is neither parent nor guardian, or their residence is not known, then some relative, if there be one and [his] the residence is known.

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

1999-1517s

AMENDED ANALYSIS

This bill requires that a person having custody or control of a child and served with a summons in a CHINS petition appear with the child not less than 24 hours after service.

HB 719-FN, relative to procedures regarding children in need of services. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to Pass, Senator Wheeler for the committee.

HB 721-FN, relative to procedures regarding delinquent children under RSA 169-B. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to pass with amendment, Senator Wheeler for the committee.

1999-1518s

05/09

Amend the bill by replacing section 1 with the following:

1 Applicability of Chapter; Purpose. Amend RSA 169-B:1, II to read as follows:

II. Consistent with the protection of the public interest, to promote the minor's acceptance of personal responsibility for delinquent acts committed by the minor, encourage the minor to understand and appreciate the personal consequences of such acts, and provide a minor who has committed delinquent acts with counseling, supervision, treatment, and rehabilitation and make parents aware of the extent if any to which they may have contributed to the delinquency and make them accountable for their role in its resolution.

Amend RSA 169-B:2-a, I(c) as inserted by section 3 of the bill by replacing it with the following:

(c) Fully participate in all services ordered by the court including, but not limited to, substance abuse treatment, parenting classes, mediation, and community service.

Amend RSA 169-B:2-a, II as inserted by section 3 of the bill by replacing it with the following:

II. Failure to supervise and otherwise accept responsibility as required by this section may be treated as criminal contempt of court punishable by up to a $1,000 fine and 90 days’ imprisonment. It shall be a defense to any such charge of contempt that the parent, guardian or such other person or persons having custody and control of the minor made reasonable efforts to comply.

Amend the bill by replacing section 5 with the following:

5 Juvenile Diversion. RSA 169-B:10 is repealed and reenacted to read as follows:

169-B:10 Juvenile Diversion.

I. An officer authorized under RSA 169-B:9 to take a minor into custody may dispose of the case without court referral by releasing the minor to a parent, guardian, or custodian. The officer shall make a written report to the officers department identifying the minor, specifying the grounds for taking the minor into custody and indicating the basis for the disposition.

II. At any time before or at arraignment pursuant to this chapter, a minor and the minor’s family may be referred to a court-approved diversion program or other community resource. Referral may be made by the arresting or prosecuting agency or juvenile services officer, prior to filing a petition with the court or after the filing of a petition by such agency with the court’s approval, or by the court on its own, or any party’s motion. The administrative judge of the district court shall have the authority to approve diversion referral procedures for use in all juvenile matters throughout the state.

III. Referral to diversion or other community resource after filing is appropriate if:

(a) The facts bring the case within the jurisdiction of the court;

(b) Referral of the case is in the best interest of the public and the minor; and

(c) The minor and the parents, guardian, or other custodian consent with the knowledge that consent is not obligatory.

IV. Referral after filing shall stay the proceedings for a period not to exceed 3 months from the date of referral, unless extended by the court for an additional period not to exceed 3 months and does not authorize the detention of the minor.

V. During the period of referral, the court may require further conditions of conduct on the part of the minor and the minor’s parents.

Amend RSA 169-B:21, I as inserted by section 11 of the bill by replacing it with the following:

I. Any court, finding that a minor has committed the alleged offense may, before making a final disposition, order the minor, minor’s parents, guardian, or person with custody or control to submit to a mental health or substance abuse evaluation to be completed within 60 days. Any substance abuse evaluation of the parent guardian, or person having custody of the child shall be conducted by a provider contracted with the bureau of substance abuse services, or a provider paid by the parent, guardian, or person having custody of the child. The cost of such evaluation shall be paid by private insurance, if available, or otherwise by the person undergoing the evaluation, to whom the evaluation shall be provided free or at reduced cost if the person is of limited means. A written report of the evaluation shall be given to the court before the dispositional hearing. If the parents, guardian, minor, or person having custody or control objects to the mental health or substance abuse evaluation, they shall object in writing to the court having jurisdiction within 5 days after notification of the time and place of the evaluation. The court shall hold a hearing to consider the objection prior to ordering such evaluation. Upon good cause shown, the court may excuse the parents, guardian, minor, or person having custody or control from the provisions of this section.

HB 443, allowing certain beverage manufacturers to distribute products directly to retailers. Ways and Means Committee. Vote 6-0. Ought to Pass, Senator D'Allesandro for the committee.

Senator Pignatelli moved to have HB 245, relative to fees and appropriations to the division of safety services, taken off the table.

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

June 14, 1999

1999-1588-EBA

04/09

Enrolled Bill Amendment to HB 215

The Committee on Enrolled Bills to which was referred HB 215

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

This enrolled bill amendment makes a reference in section 2 of the bill gender neutral.

Amend RSA 651-B:5 as inserted by section 2 of the bill by replacing line 4 with the following:

to which [he] the person last reported under RSA 651-B:4 within 10 days of such change of residence, name, or

Senator Trombly moved adoption.

June 15, 1999

1999-1608-EBA

05/10

Enrolled Bill Amendment to HB 325

The Committee on Enrolled Bills to which was referred HB 325

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

This enrolled bill amendment contingently renumbers certain RSA sections inserted by the bill to avoid duplicating the numbering of RSA sections inserted by SB 141 of the 1999 session.

Amend the bill by replacing section 2 with the following:

2 Contingent Renumbering. If SB 141 of the 1999 session becomes law, then RSA 378:43-47 as inserted by section 1 of this act shall be renumbered as RSA 378:44-48.

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

Senator Trombly moved adoption.

June 15, 1999

1999-1623-EBA

08/09

Enrolled Bill Amendment to HB 438

The Committee on Enrolled Bills to which was referred HB 438

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

This enrolled bill amendment inserts a missing word.

Amend RSA 126-A:17, VI(a) as inserted by section 1 of the bill by replacing line 1 with the following:

(a) Informing the advisory council, in a timely manner, of any proposed legislation and any

Senator Trombly moved adoption.

June 14, 1999

1999-1576-EBA

03/09

Enrolled Bill Amendment to HB 566

The Committee on Enrolled Bills to which was referred HB 566

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

This enrolled bill amendment changes the form of a word to make a term consistent with its use elsewhere in the section and in other statutes.

Amend RSA 263:19 as inserted by section 2 of the bill by replacing line 14 with the following:

Senator Trombly moved adoption.

June 15, 1999

1999-1602-EBA

03/09

Enrolled Bill Amendment to HB 714-FN

The Committee on Enrolled Bills to which was referred HB 714-FN

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

This enrolled bill amendment corrects a typographical error and inserts an omitted word.

Amend RSA 629:1, IV as inserted by section 1 of the bill by replacing line 1 with the following:

IV. The penalty for attempt is the same as that authorized for the crime that was attempted,

Amend RSA 629:3, IV as inserted by section 3 of the bill by replacing line 3 with the following:

felony] the punishment shall be imprisonment for a term of not more than 30 years.

Senator Trombly moved adoption.

Senator Larsen moved that the Rules of the Senate be so far suspended, report of committee and the notice and report in the calendar, and the requirement of a five day notice for a hearing, and to further suspend the rules as to allow HB 744, ratifying the Plainfield Village Water District annual meeting held on March 27, 1999, and the Gilford School District annual meeting held on March 17, 1999, to be before the senate at the present time.

HB 744, ratifying the Plainfield Village Water District annual meeting held on March 27, 1999, and the Gilford School District annual meeting held on March 17, 1999.

Senator Larsen moved ought to pass.

The House of Representatives accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

SB 30, relative to the cruelty to animals law.

And the Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

REPRESENTATIVES: Everett Weare, Walter Mikowlski, Robert Fesh, Frank Schanda

The House of Representatives accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

SB 101, relative to landlord-tenant obligations.

And the Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

REPRESENTATIVES: Peter F. Bergin, Phyllis L. Woods, Janet G. Wall, James N. Craig

The House of Representatives accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

SB 124, establishing a committee to study the integration of technology at the state and municipal level.

And the Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

REPRESENTATIVES: Harold Lynde, Larry Guay, Roy Maxfield, Lucien Bergeron

The House of Representatives accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

SB 204, establishing the New Hampshire excellence in higher education endowment trust fund.

And the Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

REPRESENTATIVES: Elizabeth K. Hoadley, John M. Alger, Perley E. Davis, Clair A. Snyder

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

HB 56, establishing a procedure for reinstating corporations that have been administratively dissolved for more than 3 years.

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

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

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

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

SB 59-L, relative to bonding of animal owners convicted of animal cruelty.

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

SB 150, making certain reference changes to the department of youth development services.

SJR 1, supporting the reduction of the sulfur content of gasoline.

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

HB 204-FN, relative to driving after license revocation suspension.

HB 215, placing restrictions on name changes for certain felons and imposing a duty to notify certain law enforcement agencies when changes are made.

HB 313-FN, relative to the regulation of the practice of optometry.

HB 325, prohibiting "cramming" in telecommunications billing.

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

HB 374, making adjustments to the fiscal year 1999 budget for the department of health and human services and the New Hampshire retirement system.

HB 431, establishing a committee to study methods and processes necessary to retain and enhance uses of the White Mountain National Forest, the impact of any change in designation or uses, and relative to promoting the continual multiple use management of such land.

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

HB 541, establishing a committee to study the upgrade of Routes 11 and 140.

HB 566, relative to the supervision of the driver education program.

HB 714-FN, changing the potential penalties for certain acts of solicitation and conspiracy to commit murder and attempted murder to life in prison.

The House of Representatives has Re-Referred to committee the following entitled Senate Bill sent down from the Senate:

SB 137-FN, relative to use of social security numbers in child support enforcement and in the issuance of driver's licenses.

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

HB 204, relative to driving after license revocation or suspension.

HB 262, relative to emergency expenditures and overexpenditures by school boards.

HB 345, relative to harassment via the computer.

HB 431, establishing a committee to study methods and processes necessary to retain and enhance uses of the White Mountain National Forest, the impact of any change in designation or uses, and relative to promoting the continual multiple use of management of such land.

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

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

HB 541, establishing a committee to study the upgrade of Routes 11 and 140.

SB 16, relative to revocation of wills by divorce.

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

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

SB 59, relative to bonding of animal owners convicted of animal cruelty.

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

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

Senator D'Allesandro moved adoption.

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

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

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

SJR 1, supporting the reduction of the sulfur content of gasoline.

SB 26, establishing a committee to study trustee process.

Senator D'Allesandro moved adoption.

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 Tuesday, June 22, 1999 at 10:00 a.m.

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.

SB 228-FN, relative to spousal benefits upon the death of certain retired group II members of the New Hampshire retirement system.

HB 236-FN-L, relative to felonious disarming of a law enforcement officer.

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

HB 265, relative to the student trustees on the university system of New Hampshire board of trustees.

HB 272-FN, relative to the use of laser pointing devices.

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

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 412, an act relative to the powers of the state treasurer and increasing the limit on state indebtedness and relative to the use of bond proceeds awarded under a state guarantee.

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

HB 469, raising the medical payments coverage under automobile insurance policies.

HB 473, establishing a committee to study the non-group health insurance market.

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

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

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

HB 561-FN, reducing lab analysis fees of chemical analyses of water.

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

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

HB 675-FN, extending the applicability of postsecondary educational assistance for New Hampshire national guard members and requiring an annual reporting from state-supported postsecondary institutions.

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

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

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

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

HB 744, ratifying the Plainfield Village Water District annual meeting held on March 27, 1999, and the Gilford School District annual meeting held on March 17, 1999.

HB 745, an act authorizing the town of Ashland to call a special meeting for the purpose of raising money to address a general fund deficit.

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

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