Out of Recess.

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

HB 532, establishing a commission to study early childhood education and ratifying the East Kingston school district annual meeting held on March 6, 1999.

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

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

HB 532, establishing a commission to study early childhood education and ratifying the East Kingston school district annual meeting held on March 6, 1999.

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 67, relative to termination of parental rights upon a finding of child abuse.

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

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 D'Allesandro moved adoption.

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

HB 412, 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 D'Allesandro moved adoption.

Senator Cohen moved that the business of day being complete that the Senate now adjourn until Tuesday, June 22, 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 F. King led the Pledge of Allegiance.

The House of Representatives refuses to concur with the Senate in the adoption of the amendment to the following entitled House Bill sent down from the Senate:

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

And requests a Committee of Conference.

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

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

Senator Trombly moved to accede to request for a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

The House of Representatives refuses to concur with the Senate in the adoption of the amendment to the following entitled House Bill sent down from the Senate:

HB 689-FN, establishing a committee to study campaign contributions and expenditures.

And requests a Committee of Conference.

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

HB 689-FN, establishing a committee to study campaign contributions and expenditures.

Senator McCarley moved to accede to request for a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

The House of Representatives refuses to concur with the Senate in the adoption of the amendment to the following entitled House Bill sent down from the Senate:

HB 491, relative to qualifying examinations for individuals seeking driver’s licenses, and driver education course requirements.

And requests a Committee of Conference.

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

HB 491, relative to qualifying examinations for individuals seeking driver’s licenses, and driver education course requirements.

Senator Gordon moved to accede to request for a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

The House of Representatives refuses to concur with the Senate in the adoption of the amendment to the following entitled House Bill sent down from the Senate:

HB 428, relative to school administrative units.

And requests a Committee of Conference.

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

HB 428, relative to school administrative units.

Senator McCarley moved to accede to request for a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

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 192, relative to vital records.

SB 192, relative to vital records.

Senator Squires 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 159, relative to early reductions of greenhouse gases.

SB 159, relative to early reductions of greenhouse gases.

Senator Russman moved to concur.

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

SB 156, granting the commissioner of transportation authority to layout and approve the construction of a restricted use driveway onto a public highway in Canterbury and creating a legislative study committee to consider options for addressing the development of major projects which have statewide or significant regional impacts, such as the New Hampshire International Speedway.

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

SB 45-FN-A, allowing a waiver of interest for the time period of an extension of the date of payment of the legacies and successions tax.

SB 74, relative to the rule making authority of the real estate commission concerning practices relating to certain dwellings.

SB 129-L, requiring school districts to disclose any reimbursements received to offset special education expenditures.

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

SB 193-FN, relative to holiday pays for certain state employees.

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

SB 71, prohibiting the use of MTBE as an additive in gasoline.

SB 94, relative to absentee voter affidavits.

SB 116, eliminating straight ticket voting.

SB 170-FN-A, establishing a parents as teachers pilot program in Sullivan county and making an appropriation therefor.

SB 178-FN-A, relative to appropriations to the port authority for dredging projects.

SB 207, relative to authorizing bonds for the construction and renovation of regional vocational education centers.

SB 208-FN, establishing a "parents as scholars" program.

SB 216-FN, allowing veterans the right to purchase credit in the retirement system for certain service in the armed forces.

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

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

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

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

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

Senator D’Allesandro moved adoption.

Senator Hollingworth having voted on the prevailing side moved reconsideration on 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, whereby we ordered it to third reading an final passage.

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 having voted on the prevailing side moved reconsideration on 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, whereby we ordered it to third reading.

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 Hollingworth offered a floor amendment.

Sen. Hollingworth, Dist. 23

Sen. Gordon, Dist. 2

June 21, 1999

1999-1726s

04/09

Floor Amendment to HB 745-LOCAL

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 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 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.

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

1999-1726s

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.

HJR 2, urging that federal air pollution programs not punish early adopters of air pollution control technology. Environment Committee. Vote 8-0. Ought to pass with amendment, Senator Russman for the committee.

1999-1684s

08/09

Amend the resolution by replacing all after the title with the following:

Whereas, the federal Clean Air Act has in the past allocated pollution allowances, which are items of commercial value, to pollution sources based on emissions existing on arbitrary baseline dates, where higher emissions equated to being granted more allowances; and

Whereas, such a policy has rewarded dirtier operators by allocating to them more allowances than their cleaner competitors, and further, has unfairly served to punish operators who have happened to install expensive air pollution controls shortly before the baseline dates; and

Whereas, these past actions have made it more difficult to encourage polluters to reduce emissions prior to regulatory deadlines; now, therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That future federal air pollution legislation should avoid using baseline pollution as a basis for allocation of allowances or other items of commercial value, or any future reduction requirements;

That to the extent that the federal government chooses to continue to use baseline emissions to determine allowance allocation and future reduction requirements, either to individual polluters or to states, that it choose a baseline date far enough in the past in order that recently-improved sources are not placed at a competitive disadvantage against dirtier competitors that have not made such investments and have smaller capital and operating costs as a result; and

That such care with baselines be used not only for sulfur dioxide and nitrogen oxide emissions, but also for any other emissions which the federal government may subsequently choose to control with allowance-based mechanisms; and

That copies of this resolution be sent by the house clerk to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the chairpersons of committees of the United States Congress having jurisdiction over the Clean Air Act, the Administrator of the United States Environmental Protection Agency, and each member of the New Hampshire congressional delegation.

1999-1684s

AMENDED ANALYSIS

This house joint resolution urges that:

I. Future air pollution legislation not use baseline pollution as a basis for allowance allocation or any future reduction requirements.

II. Failing this, any baseline date chosen be far enough in the past so that recently-improved sources not be at a competitive disadvantage.

III. Care be used with baselines adopted for emissions besides sulfur dioxide and nitrogen dioxide that the federal government chooses to control with allowance-based mechanisms.

HB 263, repealing the Northern New England Low-Level Radioactive Waste Management Compact. Environment Committee. Vote 8-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 291, establishing a study committee for seed sterilization technology or "terminator" technology. Environment Committee.

MINORITY REPORT: Ought to Pass, Senator Johnson for the committee. Vote 2-6

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

1999-1680s

08/09

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 New Subdivision; Terminator Crops. Amend RSA 433 by inserting after section 36 the following new subdivision:

Terminator Crops

433:37 Definition. "Terminator crops" mean those plants or seeds that have been genetically engineered so that the seeds produced by the mature plant will be sterile, or may be rendered sterile upon application of an external stimulus.

433:38 Prohibitions. It is unlawful for any person:

I. To sell, offer for sale, expose for sale, or transport for sale within this state any terminator crop, as defined in RSA 433:37.

II. To plant or sow within this state any terminator crop, as defined in RSA 433:37.

433:39 Rulemaking. The commissioner of agriculture is hereby authorized to adopt all necessary rules under RSA 541-A, in order to carry out the provisions of this subdivision.

433:40 Penalties. Any person who violates any prohibition under RSA 433:38 shall be guilty of a violation if a natural person or guilty of a felony if any other person.

433:41 Report. The commissioner of agriculture shall complete an annual report on any recent developments in the field of genetically-engineered plant life. The commissioner may use any appropriate department personnel and resources for completing the report as the commissioner deems necessary. Such annual report shall be provided to the state library, the governor, the speaker of the house of representatives, the senate president, and the chairs of the house and senate committees relating to agriculture and the environment, on or before November 1 of each year.

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

1999-1680s

AMENDED ANALYSIS

This bill:

I. Prohibits the sale or planting of "terminator crops", meaning those plants or seeds that have been genetically engineered so that the seeds produced by the mature plant will be sterile, or may be rendered sterile upon application of an external stimulus. A violator of these prohibitions shall be guilty of a violation if a natural person or a felony if any other person.

II. Requires the commissioner of agriculture to complete an annual report on recent developments in the field of genetically-engineered plant life.

HB 379, setting up a study committee to study issues pertaining to the Sullivan county regional refuse disposal district. Environment Committee. Vote 8-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 410, relative to enforcement authority of the department of environmental services. Environment Committee. Vote 8-0. Ought to Pass, Senator Johnson for the committee.

HB 421, relative to penalty provisions for the law regarding control of marine pollution, exotic aquatic weeds and other aquatic growth. Environment Committee. Vote 8-0. Ought to Pass, Senator Pignatelli for the committee.

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

SPLIT REPORT: Ought to pass with amendment, Senator Russman for the committee. Vote 4-4

SPLIT REPORT: Ought to Pass, Senator Krueger for the committee. Vote 4-4

1999-1683s

08/09

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

AN ACT providing partial funding to support research monitoring groundwater at reclamation sites that have had sludge applied, and providing funding to support a pilot program for studying the use of vegetation cover on spent gravel pits.

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

1 Findings. The general court recognizes there is an ongoing scientific debate about the environmental hazards associated with using sewage sludge and industrial paper mill sludge at reclamation sights. The general court recognizes that alternatives exist to creating vegetative covers at reclamation sights that do not require the use of sludges or topsoil. The general court further recognizes that aquifers are located under gravel pits at reclamation sights, and that such aquifers are an important source of drinking water for New Hampshire communities. The general court therefore authorizes the university of New Hampshire to conduct research on the impacts to groundwater at reclamation sights from the application of sewage sludge and industrial paper mill sludge, and to conduct research on gravel pit reclamation that does not require the use of sludges.

2 Research Authorized.

I.(a) The university of New Hampshire office of sponsored research shall conduct research on groundwater at gravel pit sites that have been treated with a mixture of sand, sewage sludge, and industrial paper mill sludge. This research shall include testing for dioxins, toxic organics, heavy metals, surfacants, and nitrates leaching into groundwater. In addition to the annual reports required under section 6 of this act, the office of sponsored research shall continue to monitor soil and water for evidence of leaching of heavy metals for 10 years after the initial application of sludges at the gravel pit sites used in the study.

(b) If gravel pits that have not previously been treated with sand, sewage sludge, and industrial paper mill sludge are added to this research study, testing shall be done during the first year during the stockpiling, mixing, and spreading phase as well as during the first few months after application when vegetation is not yet established.

II. The university of New Hampshire office of sponsored research shall conduct a pilot program designed to study what vegetative cover can be successfully grown on the sandy soil in spent gravel pits for reclamation purposes as an alternative to the use of topsoil and sludges. The pilot program shall focus on using organic plants such as cranberries and high bush blueberries, pine trees, and other conifers. The pilot program shall also focus on the income-producing options that such vegetative cover would provide.

3 State Support of Research; Source of Funds. The commissioner of the department of environmental services shall provide funds, notwithstanding RSA 485-A:4, XVI-c, from the sampling and analysis of sludge or biosolids samples fund totaling $40,000, for the fiscal year ending June 30, 1999, to the university of New Hampshire office of sponsored research for the purposes of section 2 of this act. Of such funds $20,000 shall be used for the research specified in paragraph I of section 2 of this act, and $20,000 of such funds shall be used for the pilot program established in paragraph II of section 2 of this act.

4 Transfer of Appropriation. The sum of $40,000, from available funds appropriated for state aid grants by 1997, 350:1, PAU 03-04-02-01-04, for fiscal year 1999, shall be transferred to the sampling and analysis of sludge or biosolids samples fund established by RSA 485-A:4, XVI-c, provided all eligible municipalities have received such state aid grants.

5 Application of Receipts; Sampling and Analysis of Sludge or Biosolids Samples Fund; Reference Corrected. Amend RSA 6:12, I(ttt) to read as follows:

(ttt) Money received under RSA [485-A:4, XVI-b] 485-A:4, XVI-c, which shall be deposited in the sampling and analysis of sludge or biosolids samples fund.

6 Annual Reports. The university of New Hampshire office of sponsored research shall submit annual reports on the research for the years ending June 30, 2000 and 2001 to the speaker of the house, the president of the senate, the governor, the chair of the house committee on environment and agriculture, the chair of the house resources, recreation and development committee, the commissioner of agriculture, markets, and food, and the commissioner of environmental services.

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

1999-1683s

AMENDED ANALYSIS

This bill provides funding to support research monitoring groundwater at reclamation sites that have had sludge applied.

This bill also provides funding to support a pilot program, established by this bill, for studying the use of vegetation cover on reclamation sites that does not require the use of topsoil or sludge.

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 Committee.

MINORITY REPORT: Ought to Pass, Senator D'Allesandro for the committee. Vote 3-5

MAJORITY REPORT: Ought to pass with amendment, Senator Below for the committee. Vote 5-3

1999-1618s

09/10

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

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

Amend the bill by replacing section 7 with the following:

7 Temporary Rate of Meals and Rooms Tax Made Permanent. RSA 78-A:6, I and II are repealed and reenacted to read as follows:

I. A tax of 8 percent of the rent is imposed upon each occupancy.

II. A tax is imposed on taxable meals based upon the charge therefor as follows:

(a) Three cents for a charge between $.36 and $.37 inclusive;

(b) Four cents for a charge between $.38 and $.50 inclusive;

(c) Five cents for a charge between $.51 and $.62 inclusive;

(d) Six cents for a charge between $.63 and $.75 inclusive;

(e) Seven cents for a charge between $.76 and $.87 inclusive;

(f) Eight cents for a charge between $.88 and $1.00 inclusive;

(g) Eight percent of the charge for taxable meals over $1.00, provided that fractions of cents shall be rounded up to the next whole cent.

1999-1618s

AMENDED ANALYSIS

This bill makes technical corrections to certain laws administered by the department of revenue administration. This bill extends the temporary tax rate of the communications services tax through the biennium ending June 30, 2001. The bill makes permanent the current temporary rate of the meals and rooms tax.

Senator D’Allesandro offered a floor amendment.

Sen. D’Allesandro, Dist. 20

Sen. Fraser, Dist. 4

June 21, 1999

1999-1736s

09/01

Amendment to HB 596

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

Amend the bill by inserting after section 8 the following and renumbering the original section 8 to read as 9:

8 Temporary Rate of Meals and Rooms Tax Made Permanent. RSA 78-A:6, I and II are repealed and reenacted to read as follows:

I. A tax of 8 percent of the rent is imposed upon each occupancy.

II. A tax is imposed on taxable meals based upon the charge therefor as follows:

(a) Three cents for a charge between $.36 and $.37 inclusive;

(b) Four cents for a charge between $.38 and $.50 inclusive;

(c) Five cents for a charge between $.51 and $.62 inclusive;

(d) Six cents for a charge between $.63 and $.75 inclusive;

(e) Seven cents for a charge between $.76 and $.87 inclusive;

(f) Eight cents for a charge between $.88 and $1.00 inclusive;

(g) Eight percent of the charge for taxable meals over $1.00, provided that fractions of cents shall be rounded up to the next whole cent.

1999-1736s

AMENDED ANALYSIS

This bill makes technical corrections to certain laws administered by the department of revenue administration. This bill extends the temporary tax rate of the communications services tax through the biennium ending June 30, 2001. The bill makes permanent the current temporary rate of the meals and rooms tax.

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 Committee. Vote 4-0. Ought to Pass, Senator Krueger for the committee.

HB 225, relative to the definitions of the terms "farm," "agriculture," and "farming." Wildlife and Recreation Committee. Vote 5-0. Ought to Pass, Senator Disnard for the committee.

HB 364, relative to expenditure of funds received from the United States on account of national forest lands in this state. Wildlife and Recreation Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

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 Committee. Vote 4-0. Ought to Pass, Senator Disnard for the committee.

HB 333, relative to contracts between participating providers and managed care entities. Insurance Committee. Vote 4-1. Ought to Pass, Senator Wheeler for the committee.

Senator Fraser offered a floor amendment.

1999-1740s

01/09

Floor Amendment to HB 333

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

1 New Paragraph; Review Required. Amend RSA 420-J:8 by inserting after paragraph VI the following new paragraph:

VII. A health carrier shall allow a participating provider 60 days from the postmarked date to review any proposed contract and any modifications to an existing contract, excluding those modifications that are expressly permitted under the existing contract.

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

1999-1740s

AMENDED ANALYSIS

This bill requires health carriers to allow the contracting participating provider 60 days from the postmarked date to review the proposed contract or any modification to an existing contract, excluding those modifications that are expressly permitted under the existing contract.

HB 741, relative to the ratio of apprentices to journeymen in trade or industry apprenticeship programs. Insurance Committee. Vote 6-0. Ought to pass with amendment, Senator Wheeler for the committee.

1999-1716s

01/09

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

1 Apprenticeship Programs; Minimum Standards for Apprenticeship Agreements; Journeymen-Apprentice Ratio. Amend RSA 278:8, IX to read as follows:

IX. A statement as to the ratio of apprentices to journeymen or number of apprentices to be employed during any year under the program. Where the apprenticeship standards provide for a workforce ratio of one apprentice for one journeyman for the first 5 apprentices and 3 additional journeymen for each additional apprentice thereafter, no standard shall have the effect of requiring the employment of any greater number of journeymen per apprentice;

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

1999-1716s

AMENDED ANALYSIS

This bill clarifies the minimum standards for the ratio of apprentices to journeymen in trade or industry apprenticeship programs.

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 2-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 301, relative to burials and funerals at the New Hampshire state veterans cemetery. Internal Affairs Committee. Vote 1-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 414-FN, establishing a committee to study the unclassified salary structure for state officers. Internal Affairs Committee. Vote 2-0. Ought to Pass, Senator Fraser for the committee.

HB 606-FN, relative to managed care programs under workers' compensation and relative to certain members of the compensation appeals board. Internal Affairs Committee. Vote 2-0. Ought to Pass, Senator Fraser for the committee.

HB 670, establishing an advisory board to study the future of the New Hampshire automated information system's "Webster" Internet site. Internal Affairs Committee. Vote 2-0. Ought to Pass, Senator Pignatelli for the committee.

HB 729, adding social clubs recognized by the Internal Revenue Service to the definition of "charitable organization" for purposes of the laws governing raffles. Internal Affairs Committee. Vote 1-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

1999-1513s

08/10

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

AN ACT redefining "charitable organization" for purposes of the laws governing raffles.

Amend the bill by replacing section 1 with the following:

1 Raffles; Definitions; Charitable Organizations. RSA 287-A:1, II is repealed and reenacted to read as follows:

II. "Charitable organization" means the following:

(a) Any person or entity that is determined by the Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code, as that section now exists or may hereafter be amended; or

(b) Any other person or entity that is or holds itself out to be established, in whole or in part, for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic, social, sporting, recreational, or other charitable purpose which has been in existence for at least 2 years, or political committee or political party which has been in existence for at least 2 years, or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal that suggests that there is a charitable purpose to any solicitation. "Charitable organization" is not limited to those organizations to which contributions are tax deductible under section 170 of the Internal Revenue Code.

1999-1513s

AMENDED ANALYSIS

This bill:

I. Defines "charitable organization" for purposes of the laws governing raffles as:

(a) Any person or entity that is determined by the Internal Revenue Service to be a tax exempt organization; or

(b) Any person or entity established for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic, social, sporting, recreational, or other charitable purpose which has been in existence for at least 2 years, or political committee or political party which has been in existence for at least 2 years, or any person who solicits for a charitable purpose.

Senator Trombly moved to have HB 729, adding social clubs recognized by the Internal Revenue Service to the definition of "charitable organization" for purposes of the laws governing raffles, laid on the table.

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

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

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

Senator Francoeur offered a floor amendment.

1999-1527s

08/09

Floor Amendment to HB 562

Amend RSA 677:2 as inserted by section 2 of the bill by replacing it with the following:

677:2 Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions. Within [20] 30 days after any order or decision of the zoning board of adjustment, or any decision of the local legislative body or a board of appeals in regard to its zoning [has been filed and first becomes available for public inspection in the office of the respective board or body or of its clerk or secretary], the selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion for rehearing the ground therefor; and the board of adjustment, a board of appeals, or the local legislative body, may grant such rehearing if in its opinion good reason therefor is stated in the motion. This [20] 30-day time period shall be counted in calendar days beginning with the [next working day during which the office of the board is open to the public following the day on which the decision is rendered] date upon which the board voted to approve or disapprove the application; provided however, that if the petitioner shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 144 hours of the vote pursuant to RSA 676:3, II, the petition shall be timely if filed within 36 days of the date of the decision. If the decision complained against is that made by a town meeting, the application for rehearing shall be made to the board of selectmen, and, upon receipt of such application, the board of selectmen shall hold a rehearing within 30 days after receipt of the petition. Following the rehearing, if in the judgment of the selectmen the protest warrants action, the selectmen shall call a special town meeting.

Amend RSA 677:4 as inserted by section 3 of the bill by replacing it with the following:

677:4 Appeal from Decision on Motion for Rehearing. Any person aggrieved by any order or decision of the zoning board of adjustment or any decision of the local legislative body may apply, by petition, to the superior court within 30 days after the [action complained of has been filed and first becomes available for public inspection in the office of the respective board or body or of its clerk or secretary, setting] date upon which the board voted to deny the motion for rehearing; provided however, that if the petitioner shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 144 hours of the vote pursuant to RSA 676:3, II, the petition shall be timely if filed within 36 days of the date of the decision. The petition shall set forth that such decision or order is illegal or unreasonable, in whole or in part, and specifying the grounds upon which the decision or order is claimed to be illegal or unreasonable. [The date of filing shall be considered to be the next working day during which the office of the board is open to the public following the day on which the order or decision is rendered. ]For purposes of this section, "person aggrieved" includes any party entitled to request a rehearing under RSA 677:2.

Amend RSA 677:15, I as inserted by section 4 of the bill by replacing it with the following:

I. Any persons aggrieved by any decision of the planning board concerning a plat or subdivision may present to the superior court a petition, duly verified, setting forth that such decision is illegal or unreasonable in whole or in part and specifying the grounds upon which the same is claimed to be illegal or unreasonable. Such petition shall be presented to the court within 30 days after the [decision of the planning board has been filed and first becomes available for public inspection in the office of the planning board or of its clerk or secretary] date upon which the board voted to approve or disapprove the application; provided however, that if the petitioner shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 144 hours of the vote pursuant to RSA 676:3, II, the petition shall be timely if filed within 36 days of the date of the decision. This paragraph shall not apply to planning board decisions appealable to the board of adjustment pursuant to RSA 676:5, III.

1999-1527s

AMENDED ANALYSIS

This bill provides that there is a 30-day time period for an affected person to file for a rehearing regarding any zoning decision or order of a zoning board of adjustment, local legislative body, board of appeals, or planning board. This bill also provides that this period begins with the date of the decision, unless the minutes of the meeting were not filed within 144 hours of the vote, in which case the rehearing petition shall be timely if filed within 36 days of the decision.

Senator Hollingworth having voted on the prevailing side moved reconsideration on 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, whereby we ordered it to third reading an final passage.

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 Hollingworth offered a floor amendment.

Sen. Hollingworth, Dist. 23

Sen. Gordon, Dist. 2

June 22, 1999

1999-1757s

08/03

Floor Amendment to HB 745-LOCAL

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 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 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 66 2/3 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.

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

1999-1757s

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 66 2/3 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.

June 10, 1999

1999-1550-EBA

03/10

Enrolled Bill Amendment to SB 112

The Committee on Enrolled Bills to which was referred SB 112

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 clarifies a reference by replacing "the" with "this."

Amend RSA 463:4, I as inserted by section 2 of the bill by replacing line 2 with the following:

the person or of the estate or of both of any minor. The jurisdiction of the court in this chapter

Senator Trombly moved adoption.

June 14, 1999

1999-1593-EBA

08/09

Enrolled Bill Amendment to SB 150

The Committee on Enrolled Bills to which was referred SB 150

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 adds a missing section heading.

Amend section 6 of the bill by replacing line 3 with the following:

170-H:5 Administrative Release. The [administrator] commissioner, if he or she determines it is in the best interests of a delinquent

Senator Trombly moved adoption.

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 140, relative to ear and body piercing.

SB 140, relative to ear and body piercing.

Senator Wheeler moved to non concur and requests a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

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 47, relative to compensation for time lost by fish and game conservation officers for injuries received in the line of duty, and restoring certain leave time for a conservation officer injured while on duty on August 19, 1997.

SB 47, relative to compensation for time lost by fish and game conservation officers for injuries received in the line of duty, and restoring certain leave time for a conservation officer injured while on duty on August 19, 1997.

Senator Disnard moved to non concur and requests a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

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 70, changing the safe drinking water standard for MTBE.

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

Senator Russman moved to non concur and requests a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

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 220-FN, relative to the disclosure of child abuse and neglect information.

SB 220-FN, relative to the disclosure of child abuse and neglect information.

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

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

Senator Below 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 164, relative to persons exempted from the registration of ophthalmic dispensers.

SB 164, relative to persons exempted from the registration of ophthalmic dispensers.

Senator Wheeler moved to concur.

The House of Representatives has passed a Bill with the following title, in the passage of which it asks the concurrence of the Senate:

HB 1-A, making appropriations for the expenses of certain departments of the state for the fiscal years ending June 30, 2000 and June 30, 2001.

Senator Klemm moved that HB 1, making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2000 and June 30, 2001, be introduced into the Senate at the present time.

Senator F. King moved that the Rules of the Senate be so far suspended references to committee, report of committee and the notice and reports in the calendar, and the requirement of a five-day notice for a hearing, and move to further suspend the rules as to allow HB 1 to be before the Senate at the present time.

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 Thursday, June 24, 1999 at 9:30 a.m.

HB 1-A, making appropriations for the expenses of certain departments of the state for the fiscal years ending June 30, 2000 and June 30, 2001.

HB 225, relative to the definitions of the terms "farm," "agriculture," and "farming."

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

HB 291, establishing a study committee for seed sterilization technology or "terminator" technology.

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

HB 333, relative to contracts between participating providers and managed care entities.

HB 364, relative to expenditure of funds received from the United States on account of national forest lands in this state.

HB 379, setting up a study committee

HB 410, relative to enforcement authority of the department of environmental services.

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

HB 421, relative to penalty provisions for the law regarding control of marine pollution, exotic aquatic weeds and other aquatic growth.

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

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

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 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 606-FN, relative to managed care programs under workers' compensation and relative to certain members of the compensation appeals board.

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

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

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.

HJR 2, urging that federal air pollution programs not punish early adopters of air pollution control technology.

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

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

In recess.