Out of Recess.

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

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

HB 325, prohibiting "cramming" in telecommunications billing.

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

Senator D'Allesandro moved adoption.

Senator Cohen in the Chair.

Senator Blaisdell moved that the business of day being complete that the Senate now adjourn until Thursday, June 24, 1999 at 9:30 a.m.

The Senate met at 9:30 a.m.

A quorum was present.

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

Senator Johnson led the Pledge of Allegiance.

Senator Disnard is excused for the day.

HCR 9, encouraging greater health care choices for Medicare eligible citizens throughout New Hampshire. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Krueger for the committee.

HB 369, establishing a committee on educational programs on tobacco use for minors. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to pass with amendment, Senator Wheeler for the committee.

1999-1732s

01/09

Amend subparagraph I(b) as inserted by section 2 of the bill by replacing it with the following:

(b) Four members of the senate, one from the senate public affairs committee, one from the senate judiciary committee, one from the senate education committee, and one from the senate public institutions, health and human services committee, appointed by the president of the senate.

HB 408, relative to drug formularies under managed care entities. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator Wheeler for the committee.

1999-1735s

01/09

Amend RSA 420-J:7-b, III as inserted by section 1 of the bill by replacing it with the following:

III. Every health plan that provides prescription drug benefits shall notify covered persons of changes to the plan list or plan formulary, provide an explanation of the exception process by which a covered person can access nonformulary medically necessary prescription drugs, and provide a toll-free telephone number through which a covered person can request additional information. Upon notification to covered persons, the health benefit plan shall allow at least 45 days before implementation of any formulary change; provided, however, that advance notice shall not be required if the federal food and drug administration has determined that a prescription drug on the health benefit plan’s formulary is unsafe.

Senator Squires offered a floor amendment.

Sen. Squires, Dist. 12

Sen. Wheeler, Dist. 21

June 23, 1999

1999-1783s

01/10

Floor Amendment to HB 408

Amend RSA 420-J:7-b as inserted by section 1 of the bill by replacing it with the following:

420-J:7-b Prescription Drugs.

I.(a) Every health carrier that provides prescription drug benefits through the use of a formulary is required to provide prospective enrollees, and annually to covered persons, a description of the prescription drug benefit plan. Among the specific items that shall be included in the description are:

(1) The procedure a covered person must follow to obtain drugs and medications that are subject to a plan list or plan formulary.

(2) A description of the drug formulary and the plan’s exception process.

(3) A description of the extent to which a covered person will be reimbursed for the cost of a drug that is not on a plan list or formulary.

(b) Health carriers shall provide upon request the current, updated preferred drug list. This shall include a list of the prescription drugs considered to be formulary drugs by major therapeutic category with an indication of whether and in what manner any drugs on the list are preferred over other listed drugs or are subject to targeted drug use management provisions. The current, updated preferred drug list shall also be provided upon request to all participating providers with prescription privileges.

II. Every health carrier that provides prescription drug benefits through the use of a formulary shall maintain an expeditious exception process, not to exceed 48 hours, by which covered persons may obtain, without penalty or additional cost sharing beyond that provided for formulary drugs under the covered person’s benefit plan, coverage for a medically necessary nonformulary prescription drug. The exception process shall begin when the prescribing provider has provided the health benefit plan with the clinical rationale for the exception.

III. Every health carrier that provides prescription drug benefits through use of a formulary shall notify covered persons of changes to the plan list or plan formulary, provide an explanation of the exception process by which a covered person can access nonformulary medically necessary prescription drugs, and provide a toll-free telephone number through which a covered person can request additional information. Upon notification to covered persons, the health benefit plan shall allow at least 45 days before implementation of any formulary change; provided, however, that advance notice shall not be required if the federal food and drug administration has determined that a prescription drug on the health benefit plan’s formulary is unsafe.

IV. The formulary shall be developed by a pharmacy and therapeutics committee composed of health care professionals with recognized knowledge and expertise in clinically appropriate prescribing, dispensing, and monitoring of outpatient drugs or drug use review, evaluation, and intervention. Mechanisms shall be established for ongoing peer review of formulary policy. If the health carrier contracts with a third party to develop the formulary, the carrier shall be responsible for guaranteeing that the third party complies with all requirements relating to formularies as set forth in this section.

V. Every health carrier that provides prescription drug benefits through the use of a formulary shall maintain, as part of its records, all of the following information, which shall be made available to the commissioner upon request: the complete drug formulary or formularies of the plan, including a list of prescription drugs on the formulary of the plan by major therapeutic category with an indication of whether and in what manner any drugs are preferred over the other drugs and records developed by the pharmacy and therapeutics committee of the health carrier that fully describe the reasoning behind formulary decisions.

1999-1783s

AMENDED ANALYSIS

This bill requires managed care entities that provide prescription drug benefits and maintain one or more drug formularies to provide to enrollees a description of the prescription drug benefit plan.

The bill also requires every managed care entity that provides prescription drug benefits through the use of a formulary to maintain an expeditious exception process by which providers may obtain authorization for a medically necessary nonformulary prescription drug.

HB 486-FN-A, relative to the physician effectiveness program. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Squires for the committee.

HB 545-FN, establishing a committee to study ambulatory surgical facilities. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Squires for the committee.

HB 657, relative to the health services planning and review board and the certificate of need process. Public Institutions, Health and Human Services Committee. Vote 5-0. Inexpedient to Legislate, Senator Squires for the committee.

HB 720-FN, relative to the practice of midwifery. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Squires for the committee.

HB 231, relative to approval of applications in the charter schools pilot program. Education Committee. Vote 6-0. Ought to Pass, Senator Johnson for the committee.

HB 311-FN-A, relative to grants made under the New Hampshire incentive program. Education Committee. Vote 5-1. Rereferred to Committee, Senator McCarley for the committee.

HB 503-FN-L, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas. Education Committee. Vote 7-0. Ought to Pass, Senator McCarley for the committee.

Senator McCarley moved to have HB 503-FN-L, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas, laid on the table.

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

HB 581-L, relative to deposits on utility meters. Executive Departments and Administration Committee. Vote 3-1. Inexpedient to Legislate, Senator Roberge for the committee.

HB 658-FN, relative to certification, registration, and insurance requirements for recovery agents who assist bail agents and sureties. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator Francoeur for the committee.

1999-1778s

09/03

Amend RSA 597:7-b, II as inserted by section 1 of the bill by replacing it with the following:

II. Any person who operates as a recovery agent in this state, excluding licensed private detectives, shall be trained and certified through a program approved by the Professional Bail Agents of the United States and shall register annually with the secretary of state. The secretary of state shall issue to each registered recovery agent proof of such registration. Effective July 1, 2000, each bail agency operating in this state shall annually provide to the secretary of state proof of liability insurance coverage in the amount of $300,000 for bail recovery activities of the agency’s bail agents and bail recovery agents. This proof of insurance coverage shall be provided before the agency’s bail agents are licensed or relicensed, and before the agency’s bail recovery agents are registered or reregistered. Bail recovery agents acting as independent contractors shall provide proof of liability insurance coverage in the amount of $300,000 to the secretary of state before registration or reregistration. Any person who operates as a recovery agent in this state without meeting such certification, insurance, and registration requirements shall be guilty of a class A misdemeanor.

HB 665, relative to the New Hampshire emergency management compact with other jurisdictions. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Roberge for the committee.

HB 94, relative to enforcement of the child passenger restraint law. Judiciary Committee. Vote 6-0. Ought to Pass, Senator Pignatelli for the committee.

HB 113, affirming sovereign immunity as it relates to the Claremont ruling. Judiciary Committee. Vote 5-0. Rereferred to Committee, Senator Brown for the committee.

HB 216, relative to release conditions pending trial for defendants in domestic violence, stalking, or protective order violation cases. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Wheeler for the committee.

1999-1782s

05/10

Amend the bill by replacing sections 1 and 2 with the following:

1 New Paragraph; Release of Defendant Pending Trial. Amend RSA 597:2 by inserting after paragraph III the following new paragraph:

III-a. If a person is charged with any of the offenses listed in RSA 173-B:1, I or with violation of a protective order issued under RSA 458:16, III or RSA 173-B, the court or justice may order preventive detention without bail, or, in the alternative, restrictive conditions including but not limited to electronic monitoring and supervision, if there is clear and convincing evidence that the person poses a danger to another. The court or justice may consider, but shall not be limited to considering, any of the following conduct as evidence of posing a danger:

(a) Threats of suicide.

(b) Acute depression.

(c) History of violating protective orders.

(d) Possessing or attempting to possess a deadly weapon in violation of an order.

(e) Death threats or threats of possessiveness toward another.

(f) Stalking, as defined in RSA 633:3-a.

(g) Cruelty to or violence directed toward pets.

2 Review and Appeal of Release or Detention Order. Amend RSA 597:6-e, II to read as follows:

II. The person or the state may file with the superior court a motion for revocation of the order or amendment of the conditions of release set by a municipal or district court, by a justice or by a bail commissioner. The motion shall be determined promptly. In cases where a district court justice has made a finding, pursuant to RSA 597:2, III-a that the person poses a danger to another, the superior court shall, after notification to both parties, the police department that brought the charges in district court, and the victim, conduct a hearing and make written findings supporting any modifications and reasons for new conditions or changes from the district court order. The reviewing court shall take into consideration the district court’s written findings, orders, pleadings, or transcript when making a modification.

HB 270, relative to persons not competent to stand trial. Judiciary Committee. Vote 6-0. Ought to Pass, Senator Fernald for the committee.

HB 324, repealing certain grounds for granting a divorce for cause. Judiciary Committee. Vote 4-1. Ought to Pass, Senator Wheeler for the committee.

HB 470, relative to settlement of personal actions. Judiciary Committee. Vote 6-0. Inexpedient to Legislate, Senator Brown for the committee.

Senator Fernald moved to substitute rereferred for inexpedient to legislate.

HB 576-FN, establishing additional staff positions for statewide child custody and support impact seminars, and making an appropriation therefor. Judiciary Committee. Vote 6-0. Ought to Pass, Senator Brown for the committee.

HB 687-FN, establishing the criminal offense of identity fraud. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Fernald for the committee.

1999-1781s

05/10

Amend RSA 638:25, III as inserted by section 1 of the bill by replacing it with the following:

III. "Victim" means any person whose personal identifying information has been unlawfully obtained or recorded or any person or entity that provided money, credit, goods, services, or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this subdivision.

Amend RSA 638:26, I and II as inserted by section 1 of the bill by replacing it with the following:

638:26 Identity Fraud.

I. A person is guilty of identity fraud when the person:

(a) Poses as another person with the purpose to defraud in order to obtain money, credit, goods, services, or anything else of value.

(b) Obtains or records personal identifying information about another person without the express authorization of such person, with the intent to pose as such person;

(c) Obtains or records personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person; or

(d) Poses as another person, without the express authorization of such person, with the purpose of obtaining confidential information about such person that is not available to the general public.

II.(a) Identity fraud is:

(1) A class A felony if the value of the property or services obtained exceeds $1,000.

(2) A class B felony in all other cases.

(b) The value may be determined according to the provisions of RSA 637:2, V.

HB 715-FN-A-L, granting responsibility for court security to the county sheriff and abolishing certain court security officer positions. Judiciary Committee. Vote 6-0. Inexpedient to Legislate, Senator Wheeler for the committee.

Senator Roberge in opposition to the motion of inexpedient to legislate on HB 715-FN-L.

HB 722-FN, revising the law relative to protection of persons from domestic violence. Judiciary Committee. Vote 6-0. Ought to Pass, Senator Fernald for the committee.

Senator Fernald moved to have HB 722-FN, revising the law relative to protection of persons from domestic violence, laid on the table.

HB 723-FN, relative to standby and emergency guardianship proxies. Judiciary Committee. Vote 6-0. Rereferred to Committee, Senator Trombly for the committee.

HB 213, relative to voting by prisoners. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Trombly for the committee.

1999-1789s

03/09

Amend RSA 654:2-a as inserted by section 1 of the bill by replacing it with the following:

654:2-a Voters Confined in Penal Institutions.

I. The domicile for voting purposes of a person confined in a penal institution shall be the town or city in New Hampshire in which such person had his or her domicile immediately prior to such confinement, even though such person no longer maintains a domicile in said town or city and even though his or her intent to return thereto is uncertain. The domicile for voting purposes of a person confined in a penal institution shall not include the municipality where the person is confined unless the person was domiciled in that municipality prior to confinement. If the person was domiciled immediately prior to confinement in the municipality where the person is confined, the person shall be considered absent for purposes of voter registration and absentee voting during the period of confinement.

II. A person confined in a penal institution whose domicile is in a town or city in New Hampshire shall be eligible to vote in state elections and shall exercise that right by absentee ballot provided:

(a) The person complies with all other applicable requirements and qualifications of the state of New Hampshire, including, but not limited to, the requirement that an absentee voter take the steps necessary to have his or her name placed on the voter checklist no later than 10 days before an election and the requirement that the absentee voter take the steps necessary to make sure that his or her ballot is received by the town or city clerk from whom it was sent by 5:00 p.m. on election day. A person confined in a penal institution shall use the mail to comply with all applicable requirements and qualifications.

(b) The person is not registered to vote or eligible to vote in any other state or election district of a state or in any territory or possession of the United States.

(c) The person is not a citizen of another state.

III. In completing a voter registration card, as specified in RSA 654:7, a person confined in a penal institution shall list the address of his or her domicile in the address section, and the address of the penal institution in the mailing address section.

1999-1789s

AMENDED ANALYSIS

This bill defines the domicile for voting purposes of a person confined in a penal institution as the domicile preceding confinement and specifies the voting procedures for such persons.

HB 228, clarifying permissible political expenditures. Public Affairs Committee. Vote 6-0. Rereferred to Committee, Senator Trombly for the committee.

HB 252, establishing a committee to study all aspects of the condominium act established under RSA 356-B. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Krueger for the committee.

1999-1799s

05/09

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

AN ACT relative to establishing a procedure for the separation of condominium units known as "London Court" from the Commons at Merrimack, and establishing a committee to study all aspects of the condominium act established under RSA 356-B.

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

1 Procedure for Separation of Condominium Units at the Commons at Merrimack Condominium. Notwithstanding the provisions of RSA 356-B:26,, the Commons at Merrimack Condominium located in the town of Merrimack, county of Hillsborough, state of New Hampshire, may be contracted to remove the 144 condominium units known as "London Court," which is presently part of the Commons at Merrimack Condominium, by a 4/5 affirmative vote of all unit owners.

2 Committee Established. There is established a committee to study all aspects of the condominium act established under RSA 356-B.

3 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, at least one of whom shall be a member of the house commerce committee, appointed by the speaker of the house.

(b) Three members of the senate, appointed by the president of the senate.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

4 Duties. The committee shall study all aspects of the condominium act established under RSA 356-B, soliciting input from organizations including but not limited to the attorney general’s office and the Community Associations Institute-New Hampshire (C.A.I). Measures to be considered shall include, but not be limited to, enabling legislation to allow condominium associations to adopt provisions in their bylaws to provide for contraction or division by an 80 percent affirmative vote by condominium owners.

5 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section.

6 Report. The committee shall report its findings and any recommendations for proposed legislation to the attorney general, the speaker of the house of representatives, the house clerk, the senate president, the senate clerk, the governor, and the state library on or before November 1, 1999.

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

1999-1799s

AMENDED ANALYSIS

This bill establishes a procedure for the separation of condominium units known as "London Court" from the Commons at Merrimack, and establishes a committee to study all aspects of the condominium act established under RSA 356-B.

HB 366, repealing the requirement that persons filing for a primary on the last day of the filing period do so in person. Public Affairs Committee. Vote 6-0. Rereferred to Committee, Senator Wheeler for the committee.

HB 381, prohibiting any candidate from receiving the nomination of more than one party. Public Affairs Committee. Vote 6-0. Ought to Pass, Senator Trombly for the committee.

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 Committee. Vote 6-0. Ought to pass with amendment, Senator Krueger for the committee.

1999-1786s

03/09

Amend the bill by replacing section 4 with the following:

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

HB 732, relative to nonpayment of member dues and fees and access to financial records of condominium associations. Public Affairs Committee. Vote 6-0. Inexpedient to Legislate, Senator Wheeler for the committee.

HB 411, requiring voters to present identification. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Trombly for the committee.

1999-1791s

03/01

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

AN ACT requiring voters to present identification and eliminating straight ticket voting.

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 4:

2 Removing Instructions to Voters on Ballot for Straight Ticket Voting. RSA 659:17 is repealed and reenacted to read as follows:

659:17 Instructions to Voters.

I. The secretary of state shall provide on the top of the general election ballot the following voting instructions: "Vote for the candidate of your choice for each office by making the appropriate mark. Follow directions as to the number of candidates to be elected to each office."

II. A voter may vote for a candidate in a state general election, or in a state or presidential primary election, by making the appropriate mark for the name of each candidate for whom the voter wishes to vote. A voter desiring to vote for a candidate whose name is not printed on the ballot shall write in the name of the person for whom the voter desires to vote in the space provided for that purpose.

3 Repeal. The following are repealed:

I. RSA 656:10, relative to straight ticket voting.

II. RSA 656:11, relative to party emblem.

III. RSA 659:66, relative to counting straight party votes.

1999-1791s

AMENDED ANALYSIS

This bill requires that voters present identification or sign an affidavit to obtain a ballot. This bill also eliminates strait ticket voting.

Senator Trombly moved to have HB 294, relative to state aid to municipalities for closure of certain municipal incinerators, taken off the table.

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

Senator Trombly offered a floor amendment.

1999-1798s

10/09

Floor Amendment to HB 294-FN-LOCAL

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

Amend the bill by replacing section 14 with the following:

14 Study Committee Established. There is hereby established a legislative study committee to review regulatory options for addressing the development of major projects, such as the New Hampshire International Speedway, which have statewide or significant regional impacts.

15 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives, appointed by the speaker of the house.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

16 Duties. The committee shall review the regulatory options for addressing the development of major projects, such as the New Hampshire International Speedway, which have statewide or significant regional impacts. The committee shall determine if current regulatory processes included in RSA 36:54 adequately address the development of major projects of statewide or significant regional impact. Further, the committee shall recommend regulatory options for addressing the impacts of major development projects, such as the New Hampshire International Speedway.

17 Chairperson. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section.

18 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before December 1, 1999.

19 Effective Date.

I. Sections 14-18 of this act shall take effect upon its passage.

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

1999-1798s

AMENDED ANALYSIS

This bill expands the landfill closure program in the solid waste management act to include certain municipal incinerators.

This bill also establishes a committee to study options for addressing the development of major projects which have statewide or significant regional impacts, such as the New Hampshire International Speedway.

Senator Trombly moved to have HB 64, relative to changes of registration for undeclared voters, taken off the table.

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

HB 341, relative to the process for nonrenewal of teacher contracts. Education Committee. Vote 6-2. Ought to pass with amendment, Senator Larsen for the committee.

HB 633-FN-L, establishing parental choice scholarships. Education Committee. Vote 6-0. Inexpedient to Legislate, Senator D'Allesandro for the committee.

HB 690-FN-L, relative to charter schools and open enrollment districts. Education Committee. Vote 7-0. Rereferred to Committee, Senator McCarley for the committee.

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

HB 360-FN, clarifying that any person convicted of a felony in this state is prohibited from owning or possessing firearms and other dangerous weapons. Judiciary Committee.

CACR 6, relating to municipalities' home rule. Providing that municipalities shall have home rule authority to exercise such powers which are not prohibited by the state constitution, state statute, or common law. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Trombly for the committee.

HB 468, relative to the home rule powers of municipalities. Public Affairs Committee. Vote 3-2. Ought to Pass, Senator Trombly for the committee.

Senator Below moved to have HB 112-FN-A, increasing the tobacco tax and imposing the tax on all types of tobacco products, taken off the table.

HB 112-FN-A, increasing the tobacco tax and imposing the tax on all types of tobacco products.

June 23, 1999

1999-1797-EBA

03/09

Enrolled Bill Amendment to HJR 8

The Committee on Enrolled Bills to which was referred HJR 8

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 a reference from the Commissioner of the Federal Energy Regulatory Commission to the Commissioners of the Federal Energy Regulatory Commission. This enrolled bill amendment also makes punctuation and capitalization corrections.

Amend the first paragraph after the resolving clause of the resolution by replacing lines 4-13 with the following:

I. Four representatives from investor-owned utilities;

II. Two representatives from municipally or cooperatively owned utilities;

III. One representative of industrial consumers;

IV. One representative of commercial consumers;

V. One representative of residential consumers;

VI. One representative from an environmental public interest group;

VII. One representative from a public utility commission;

VIII. One representative from a non-utility organization which markets energy products; and

IX. One representative of a consumer advocate’s office;

Amend the third paragraph after the resolving clause of the resolution by replacing lines 2-4 with the following:

be forwarded by the house clerk to the Commissioners of the Federal Energy Regulatory Commission, and the congressional delegations, house and senate leaders and governors of all the New England states.

Senator Trombly moved adoption.

June 23, 1999

1999-1796-EBA

08/09

Enrolled Bill Amendment to HB 245-FN

The Committee on Enrolled Bills to which was referred HB 245-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.

Amend section 4 of the bill by replacing line 14 with the following:

powers of arrest.] The report of an auxiliary

Senator Trombly moved adoption.

June 24, 1999

1999-1811-EBA

08/10

Enrolled Bill Amendment to HB 485-FN

The Committee on Enrolled Bills to which was referred HB 485-FN

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 technical correction to the amending language of a bill section.

Amend section 2 of the bill by replacing lines 1 and 2 with the following:

2 New Subparagraph; State-Federal Extended Benefit Program; Definitions. Amend RSA 282-A:30, I by inserting after subparagraph (k) the following new subparagraph:

Senator Trombly moved adoption.

June 22, 1999

1999-1753-EBA

04/09

Enrolled Bill Amendment to HB 56

The Committee on Enrolled Bills to which was referred HB 56

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 makes a gender neutral change to a reference in section

Amend section 2 of the bill by replacing line 4 with the following:

A:14.20 for dissolving a corporation, [he] the secretary of state shall administratively dissolve the corporation by signing and

Senator Trombly moved adoption.

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

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

And the Speaker, on the part of the House of Representatives, 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 67, limiting liability resulting from the use of automatic external defibrillation.

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

Senator Pignatelli moved to concur.

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

SB 163, establishing a commission to study methods for reducing violent incidents involving children and guns.

SB 163, establishing a commission to study methods for reducing violent incidents involving children and guns.

Senator Pignatelli moved to concur.

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

SB 172, relative to the filing fee for securities in a combined prospectus offered for sale in New Hampshire by a mutual fund.

SB 172, relative to the filing fee for securities in a combined prospectus offered for sale in New Hampshire by a mutual fund.

Senator Pignatelli moved to concur.

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

SB 217-FN, relative to real estate brokers of other jurisdictions doing business in this state.

SB 217-FN, relative to real estate brokers of other jurisdictions doing business in this state.

Senator Cohen moved to concur.

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

And requests a Committee of Conference.

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

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

Senator Wheeler moved to accede to the request for a Committee of Conference.

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

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

SB 36-FN-A, relative to salary increases for care providers for persons with developmental and acquired disabilities and making an appropriation therefore.

SB 52, requiring insurance coverage for infertility treatments.

SB 85, including the judiciary as a public employer under the public employee labor relations act.

SB 134-FN, relative to medicaid reimbursement rates and dental care.

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

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

SB 162, providing for the license and regulatory oversight of voluntary small employer health insurance purchasing alliances.

SB 205-FN, expanding medical coverage to pay dental assistance for adults on medicaid.

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

SB 73, relative to eligibility for off-premise liquor licenses.

SB 82, relative to the termination of employees.

SB 90, establishing a committee to study and investigate the needs for small business loans to pay for technical improvements for persons working at home.

SB 108, relative to the co-management of patients with primary open-angle glaucoma and establishing a glaucoma co-management committee.

SB 115, relative to participation by certain judges in the state employee group health and dental insurance programs.

SB 122, allowing certain prisoners to earn good conduct credits reducing such person’s minimum sentence.

SB 145-FN-A, relative to state financial aid for state fairs, and making an appropriation therefor.

SB 166, establishing a committee to study insurance coverage for certain physical, occupational, and speech therapies.

SB 174, relative to the regulation of telemarketers.

SB 212-FN, requiring the insurance department to develop a plan to address the needs of persons with chronic.

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

SB 12-FN-A, relative to the World War II memorial campaign and making an appropriation therefor.

SB 37-FN, relative to fees for testing of domestic animals for disease.

SB 99, allowing the same interest rates and charges on small loans under $1,500 as is allowed on small loans over $1,500.

SB 103, making certain changes in the insurance laws.

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

SB 107, relative to fees for examination of domestic societies and foreign societies.

SB 110, allowing for discharges of mortgages by affidavit of a New Hampshire attorney.

SB 118, relative to requirements for retail installment contracts for motor vehicle sales.

SB 230, relative to interstate school districts.

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 189-FN, relative to the establishment of civil rights act.

SB 189-FN, relative to the establishment of a civil rights act.

Senator Pignatelli moved to concur.

Senator Larsen moved that HB 25, making appropriations for capital improvements for fiscal years ending June 30, 2000 and June 2001, be introduced into the Senate at the present time.

Senator Larsen 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 moved to further suspend the rules as to allow HB 25 to be before the Senate at the present time.

HB 25, making appropriations for capital improvements for fiscal years ending June 30, 2000 and June 2001.

Senator Larsen offered a floor amendment.

1999-1812s

10/09

Floor Amendment to HB 25-FN-A

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

1 Capital Appropriations. The sums hereinafter detailed are hereby appropriated for the projects specified to the departments, agencies, and branches named:

I. Adjutant General.

A. NHSVC maintenance building and equipment completion $ 423,000

Less federal -423,000

Net state appropriation subparagraph A $ 0

B. Replacement of information technology

hardware systems & applications * 62,000

C. Renovation of state armories $500,000

Total state appropriation paragraph I $562,000

II. Department of Administrative Services, Division of Plant and Property Management.

A. Bureau of General Services.

1. Life safety code compliance – Johnson Hall building $ 170,000

2. Defective elec. wiring & panel replacement,

health and human services building 148,500

3. Replace defective cooling tower legislative office building 66,000

4. Flash & coat (2) stair towers – health and

human services building 88,000

5. Repair building foundation – Storrs St. warehouse 52,000

6. Renovate existing facility – 61 South Spring St. 1,580,800

7. Communications equipment upgrade * 200,000

8. Executive/legislative budget system * 294,000

9. Information technology plan consultants * 250,000

10. Equipment upgrade-DASD * 200,000

11. Business continuity plan * 250,000

12. VSE to MSV Conversion * 200,000

13. Bridges House roof and structural rehabilitation 125,000

14. Health and human services building roof 368,000

Net state appropriation subparagraph A $3,992,300

B. Bureau of Court Facilities.

1. Jaffrey-Peterborough courthouse construction $2,100,000

Net state appropriation subparagraph B $2,100,000

Total state appropriation paragraph II $6,092,300

III. Department of Agriculture, Markets, and Food.

A. Laboratory equipment $ 172,000

Total state appropriation paragraph III $ 172,000

IV. Community-technical college system.

A. Alan B. Shepard memorial wing development,

Christa McAuliffe planetarium – Concord $ 100,000

B. Library accreditation compliance 4,700,000

C. Maintenance/critical repairs 1,365,000

D. General science laboratory upgrade 600,000

E. Computer systems/hardware * 132,500

Total state appropriation paragraph IV $ 6,897,500

V. Department of Corrections.

A. Replace boiler plant – women’s prison $ 200,000

B. Year 2000 equipment replacement/upgrade * 146,000

C. Expansion of department WAN * 126,000

Total state appropriation paragraph V $ 472,000

VI. Department of Education.

A. Computer applications expansion/replacement * $ 650,000

Total state appropriation paragraph VI $ 650,000

VII. Department of Environmental Services.

A. Drinking water state revolving fund matching funds $ 2,946,780

B. Wastewater state revolving fund matching funds 270,314

C. Hazardous waste superfund match 3,140,000

D. Storage building for emergency response equipment 540,000

Less federal -432,000

Net state appropriation subparagraph D 108,000

E. Equipment/furniture office consolidation 208,550

F. Bedrock aquifer program 215,515

G. Implementation of information technology plan * 317,104

H. Winnipesaukee operations model 257,000

Total state appropriation paragraph VII $ 7,463,263

VIII. Department of Health and Human Services Commissioner’s Office.

A. Laboratory safety improvements $ 242,000

B. Laundry and bathing equipment – Glencliff 80,000

C. APS kitchen floor & window repairs – N.H. Hospital 100,000

D. Laundry equipment replacement – N.H. Hospital 180,000

E. Main Bldg./Annex 1 roof replacement –behavioral health 1,210,000

F. Laconia developmental services campus –

designated receiving facility renovations –

developmental services 250,000

G. Philbrook fire safety improvements – N.H. Hospital 115,000

H. Information technology * $ 17,400,000

Less federal -12,225,000

Net state appropriation subparagraph H 5,175,000

Total state appropriation paragraph VIII $ 7,352,000

The funds appropriated in subparagraph VIII, H for information technology programs shall not be committed, contracted for, or expended, without the prior written approval of the governor.

IX. Legislative Branch

A. Legislative budget assistant – tax policy

revenue forecasting and modeling software $1,000,000

Total state appropriation paragraph IX $1,000,000

X. Office of Emergency Management.

A. Telephone system replacement $ 218,800

Total state appropriation paragraph X $ 218,800

XI. Port Authority.

A. Building improvements 320,000

Total state appropriation paragraph XI $ 320,000

XII. Department of Resources and Economic Development.

A. ADA compliance for parks facilities $ 150,000

B. Statewide radio system 650,000

Less federal -150,000

Net state appropriation subparagraph B 500,000

C. New toilet facilities - Hampton 125,000

D. Septic gray water system – Mount Washington 150,000

E. Install power – Crawford Notch 150,000

Total state appropriation paragraph XII $ 1,075,000

XIII. Department of Transportation.

A. Match for FAA projects $ 500,000

B. Match for public transit bus replacement 290,000

C. Acquisition for abandoned railroads & airports 1,450,000

D. Concord rail bridge 650,000

E. Compliance, governor’s commission on disability –

All general fund agencies 1,000,000

Total state appropriation paragraph XIII $ 3,890,000

XIV. Youth Development Services.

A. King cottage renovations – design only – YDC $ 27,000

B. Safe rooms for Tobey building – construction – YDC 245,000

C. Purchase 4 generators * 210,000

D. Phase I – preparation for agency networking * 225,000

Total state appropriation paragraph XIV $ 707,000

Total state appropriation section 1 $ 36,871,863

* The bonds issued for these projects shall be 5-year bonds.

2 Appropriation; University System of New Hampshire. The sums hereinafter detailed are hereby appropriated for the projects specified:

A. Pettee Hall general renovation $4,300,000

B. New Hampshire public television equipment 2,000,000

C. Murkland Hall general renovation 5,000,000

D. Kingsbury Hall design 600,000

E. Boyd Hall design 600,000

F. Mason Library general renovation $1

Total state appropriation section 2 $12,500,001

3 Appropriation; Department of Fish and Game. The sums hereinafter detailed are hereby appropriated for the projects specified:

A. Broodfish facility – Milford $ 180,000

B. Repair & replacement of fish rearing containers 350,000

C. Water line repair/replacement 200,000

D. Central boat/equipment storage – Concord 210,000

E. Barry conservation camp building replacement 100,000

F. Headquarters exhibit refurbishment 75,000

Total state appropriation section 3 $ 1,115,000

4 Appropriation; Department of Transportation and Department of Safety. The sums hereinafter detailed are hereby appropriated for the projects specified:

I. Department of Transportation.

A. Paint storage & transfer building $ 415,000

B. Roof repair/Stickney Ave. 630,000

C. Patrol shed – Exeter 600,000

D. Additions & modifications to building B – traffic 325,000

E. Energy & environmental renovations – statewide 1,000,000

F. Conway rest area 500,000

G. Morton building 3,000,000

H. CAD/D transition * 552,000

I. PC & Server & Software Upgrade * 603,000

Total state appropriation paragraph I $ 7,625,000

II. Department of Safety.

A. Design and construct Troop D barracks/DMC training $910,000

B. Paving and roof replacement at troop stations 80,000

C. Video surveillance system – troop stations/Hayes bldg. 50,000

D. Carpeting at 10 Hazen Drive – Concord 154,000

Total state appropriation paragraph II $1,194,000

Total state appropriation section 4 $8,819,000

* The bonds issued for these projects shall be 5-year bonds.

5 Expenditures; General. The appropriations made for the purposes mentioned in sections 1, 3, and 4 and the sums available for those projects shall be expended by the trustees, commissions, commissioner, or department head of the institutions and departments referred to herein; provided that all contracts and projects and plans and specifications therefor shall be awarded in accordance with the provisions of RSA 228.

6 Expenditures; University System of New Hampshire.

I. The appropriations made for the purposes mentioned in section 2 and the sums available for these projects shall be expended by the trustees of the university system of New Hampshire. All contracts for the construction of all or any part of said buildings or facilities shall be let only after competitive sealed bids have been received and only after an advertisement calling for such bids has been published at least once in each 2 successive calendar weeks in a newspaper of general circulation in New Hampshire or in a trade journal known to be circulated among the contractors from whom bids will be sought with the state of New Hampshire or elsewhere in the area. The first publication of such advertisement shall be not less 30 days prior to the date the bids will be received. All conditions considered, wherever possible, it is recommended that the services of New Hampshire architectural and construction firms be considered within the discretion of the trustees.

II. The appropriations made in section 2 are available for all costs incidental to the completion of the projects enumerated including the costs of the services of architects, engineers, and other consultants of such kind and capacity as the university system board of trustees, in its discretion, may wish to employ on such terms and conditions as the board determines. These moneys shall be spent under the direction of the university system board of trustees.

III. If, in the judgment of the trustees of the university system, just cause exists indicating the lowest bid should be rejected, then the contract may be awarded to the next lowest bidder; or, if the next lowest bid should be rejected, the contract may be awarded to the third lowest bidder.

IV. The board of trustees of the university system has the right to reject any and all bids and, if the lowest bid is in excess of the appropriation, the board has the right to negotiate with the low bidder or with the 3 lowest bidders for a contract for the construction upon terms considered must advantageous to the university. If only one bid is received, the board of trustees may negotiate a contract for the construction on terms considered most advantageous to the university system and to the state. Any authorization contained in this act which is at variance with the requirements of applicable federal law and regulations shall be controlled by the terms of the federal law and regulations.

V. Notwithstanding paragraphs I, III, and IV, the sums appropriated by section 2, paragraph A of this act for the Pettee Hall general renovation, may be expended and awarded by the trustees of the university system; provided that all contracts for all or any part of the building or facilities shall follow construction management procurement procedures and guidelines. If the trustees select construction management pursuant to this paragraph, paragraphs I, III, and IV shall not apply and the trustees shall retain the right to reject or negotiate following accepted construction management practices.

7 Land Acquisition. Any land acquired under the appropriations made in sections 1, 3, and 4 of this act, except such land, if any, as may be acquired under the appropriation for the department of environmental services, shall be purchased by the commissioner of the department of transportation with the approval of governor and council.

8 Bonds Authorized. To provide funds for the total of the appropriations of state funds made in sections 1, 2, 3, and 4 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $59,305,864 and for said purposes may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with the provisions of RSA 6-A.

9 Payments.

I. The payment of principal and interest on bonds and notes issued for the projects in sections 1 and 2 shall be made when due from the general funds in the state.

II. The payment of principal and interest on bonds issued for the projects in:

(a) Section 3 shall be made when due from the fish and game fund.

(b) Section 4 shall be made when due from the highway fund.

10 Liquidation. The state treasurer is authorized to deduct from the fund accruing to the university under RSA 187-A:7, or appropriation in lieu therefor, for each fiscal year such sum as may be necessary to meet interest and principal payments in accordance with the terms and conditions of bonds and notes issued for the purpose of section 2.

11 Powers of Governor and Council. The governor and council are hereby authorized and empowered:

I. To cooperate with and enter into such agreements with the federal government, or any agency thereof, as they may deem advisable, to secure federal funds for the purposes of this act.

II. To accept any federal funds which are, or become available for any project under sections 1, 3, and 4 beyond the estimated amounts. The net appropriation of state funds for any project for which such additional federal funds are accepted shall be reduced by the amount of such additional funds, and the amount of bonding authorized by section 8 shall be reduced by the same amount.

12 Transfers. The individual project appropriations provided in sections 1, 2, 3, and 4 of this act shall not be transferred or expended for any other purposes; provided that if there is a balance remaining after an individual project, which is fully funded by state funds, is completed, accepted, and final payment made, said balance or any part thereof may be transferred by governor and council, or for expenditures made pursuant to section 6 by the trustees of the university system, to any other individual project or projects, which are also fully funded by state funds, within the same section and from the same funding source, provided that prior approval of the capital budget overview committee is obtained.

13 Reduction of Appropriation and Bonding Authority. If the net appropriation of state funds for any project provided for by sections 1, 3, and 4 is determined on the basis of an estimate of anticipated federal, local, or other funds, and if the amount of such funds actually received or available is less than said estimate, then the total authorized cost for such projects and the net appropriation of state funds thereof shall be reduced by the same proportion as the proportion by which federal, local, or other funds are reduced. The amount of bonding authorized by section 8 shall be reduced by the amount that the appropriation of state funds is reduced pursuant to this section.

14 Information Technology Equipment and Software. Individual project appropriations for information technology equipment provided for by sections 1, 3, or 4, or for any other agency in any budget bill enacted during the 1999 legislative session, shall not be spent, obligated, or encumbered until such time as the agency’s information technology plans are reviewed by the division of information technology management pursuant to RSA 21-I:67 and approved by the capital budget overview committee. The division of information technology management shall review any such agency technology plans within 90 days. An agency may request an extension of time from the capital budget overview committee.

15 Youth Development Services; Capital Budget Overview Committee Approval. Amend 1997, 351:68, as amended by 1998, 372:2, to read as follows:

351:68 Expenditure of Funds Appropriated for Construction and Renovations - YDC in HB 25-A. The appropriation for construction and renovations - YDC made to the department of youth development services in section 1, paragraph XVI, D of HB 25-A of the 1997 legislative session shall be set aside for a match for any federal funds which are now or may be made available for the construction or renovation costs of facilities for juvenile offenders and shall not be spent, obligated, or encumbered until such time as the department receives approval from the capital budget overview committee [approves the consultant’s survey authorized under section 67 of this act].

16 Regional Community-Technical Colleges; Early Childhood Laboratory School Fund Established. Amend RSA 188-F by inserting after section 20 the following new section:

188-F:20-a Early Childhood Laboratory School Fund. There is established the early childhood laboratory school fund which shall be administered by the department of regional community-technical colleges. Moneys received from private donations or from federal or other sources shall be deposited into the fund. The purpose of the fund is to provide for payment of the cost of bonds and notes on the early childhood laboratory school on the Concord campus, and to enhance academic programs in parent education. The fund shall be continually appropriated to the department of regional community-technical colleges and shall be nonlapsing.

17 Appropriation; Payment of Bonds and Notes; Regional Community-Technical Colleges; Early Childhood Laboratory School.

I. The sum of $427,400 is appropriated to the regional community-technical colleges for the purpose of the construction of the early childhood laboratory school on the Concord campus.

II. To provide funds for the appropriation made in paragraph I the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $427,400 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest on the bonds and notes shall be made from the early childhood laboratory school fund established in RSA 188-F:20-a.

18 New Hampshire Veterans’ Home; Construction of 100 Bed Addition; Contingent Appropriation; Bonds Authorized.

I. In order to provide the 35 percent required state match to receive 65 percent federal participation of the total cost of construction of a 100-bed addition, 50 of which shall be for residents with dementia, a sum not exceeding $3,500,000 is hereby appropriated to the New Hampshire veterans’ home.

II. The appropriation made in paragraph I shall be contingent upon a determination by the state treasurer that federal approval of the 65 percent federal participation has been granted.

III. The authorization of appropriation of funds under this section shall be nonlapsing.

IV. To provide funds for the appropriation made in paragraph I, the state treasurer, upon receiving notice from the New Hampshire veterans’ home that federal approval of the 65 percent federal participation has been granted, is hereby authorized to borrow upon the credit of the state not exceeding the sum of $3,500,000 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest of the bonds and notes shall be made when due from the general funds of the state.

19 Fire Standards and Training; Aircraft Rescue and Fire Fighting Training Facility Fund Established. Amend RSA 21-P by inserting after section 12-a the following new section:

21-P:12-b Aircraft Rescue and Fire Fighting Training Facility Fund. There is established the aircraft rescue and fire fighting training facility fund which shall be administered by the division of fire standards and training, department of safety. Moneys collected by the division as fees and tuition for firefighter training programs shall be deposited into the fund. The purpose of the fund is to provide for payment of the cost of bonds and notes on the aircraft rescue and fire fighting training facility adjacent to the department of safety fire academy, and to enhance the existing fire academy’s benefit to the state. The fund shall be continually appropriated to the division of fire standards and training and shall be nonlapsing.

20 Appropriation; Payment of Bonds and Notes; Fire Standards and Training; Aircraft Rescue and Fire Fighting Training Facility.

I. The sum of $700,000 is appropriated to the division of fire standards and training for the purpose of the construction of the aircraft rescue and fire fighting training facility adjacent to the department of safety fire academy.

II. To provide funds for the appropriation made in paragraph I the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $700,000 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest on the bonds and notes shall be made from the aircraft rescue and firefighting training facility fund established in RSA 21-P:12-b.

21 Appropriation Purpose Amended; Resources and Economic Development; Cannon Ski rea. Amend 1995, 309:1, XII, A, 2 to read as follows:

2. [Sunapee/]Cannon lift and ski area repairs $ 527,000

22 Lapse Date Eliminated; Resources and Economic Development; New Hampshire Economic Development Fund. Amend 1991, 4:22 as amended by 1992, 289:26, 1993, 358:18 and 1995, 285:1, and as extended by 1997, 349:34, II to read as follows:

4:22 Appropriation. The sum of $5,750,000 is hereby appropriated to the department of resources and economic development for the purpose of carrying out the provisions of section 21 of this act. These funds shall be in addition to any other funds appropriated to the department and [on June 30, 1997, all unexpended and unencumbered balances] shall not lapse.

23 Lapse Date Eliminated; Resources and Economic Development; New Hampshire Economic Development Fund. Amend 1993, 349:18, III as inserted by 1995, 285:2 and as amended by 1997, 349:18 to read as follows:

III. The appropriation contained in paragraph I shall not lapse [until June 30, 1999]. Any balances remaining [as of June 30, 1997,] shall be allocated by the review committee or budgeted within the state operating budget for the purposes of paragraph I or other economic initiatives and programs.

24 Capital Appropriation to Department of Safety; Amount Increased. Amend 1997, 349:4, II, A as amended by 1998, 226:2 and 1998, 276:4 to read as follows:

A. Dover Point substation addition, [$390,000] $460,000

Warehouse/Epping station

25 Capital Budget; 1997 HB 25-A; Total Appropriation Increased; Highway Funds. Amend 1997, 349:4, total state appropriation section 4 to read as follows:

Total state appropriation section 4 [$ 4,790,000] $4,860,000

26 Capital Budget; 1997 HB 25-A; Total Increased. Amend 1997, 349:8 to read as follows:

349:8 Bonds Authorized. To provide funds for the total of the appropriations of state funds made in sections 1, 2, 3, and 4 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of [$67,998,437] $68,178,937 and for said purposes may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with the provisions of RSA 6-A.

27 Capital Budget; 1997 HB 25-A; Lapse Date Extended; Amounts Increased; Department of Administrative Services; Parking Garage Repairs. Amend 1997, 349:1, II, A, 10 and 11 to read as follows:

10. Parking garage repairs – legislative

office building [$ 60,000] $ 68,565

11. Parking garage repairs – Storrs Street [$ 160,000] $261,935

28 Capital Budget; 1997 HB 25-A; Total Appropriation Section 1 Subparagraph A Increased. Amend the total state appropriation for 1997, 349:1, II, A to read as follows:

Total state appropriation subparagraph A [$2,075,000] $2,185,500

29 Capital Budget; 1997 HB 25-A; Total Appropriation Section 1 Increased. Amend 1997, 349:1, total state appropriation section 4 to read as follows:

Total state appropriation section 1 [$52,208,437] $52,318,937

30 Lapse Dates Extended to June 30, 2001. The following appropriations are hereby extended to June 30, 2001.

I. The appropriation made to the department of transportation in 1989, 367:1, XII, A, 1, as amended by 1991, 351:27, II(l) and 1992, 289:60, as extended by 1993, 359:20, V, 1995, 309:32, VII, 1996, 215:3, I, and 1997, 349:34, I for improvements at the Keene Dillant-Hopkins airport.

II. The appropriation made to the department of transportation in 1997, 349:1, XIV, B for statewide fuel tank program.

III. The appropriation made to the department of environmental services in 1993, 359:1, IV, B for the state revolving fund match.

IV. The appropriation made to the department of transportation in 1993, 359:1, XII, A, 1, as extended by 1994, 171:1, 1996, 215:3, III, and 1997, 349:34, X for land acquisition for navigation beacons.

V. The appropriation made to the department of administrative services in 1995, 309:1, II, A, 1, as extended by 1997, 349:34, XI for the health and human services building and laboratory HVAC renovations.

VI. The appropriation made to the department of administrative services in 1995, 309:1, II, B, 3, as extended by 1997, 349:34, XIV for the study and design of court facility on county donated land – Carroll County Superior Court.

VII. The appropriations made to the department of administrative services in 1997, 349:1, II, A, 10 and 11 for parking garage repairs at the legislative office building and Storrs Street garages.

VIII. The appropriation made to the department of corrections in 1995, 309:1, IV, K, as amended by 1997, 349:29, and as extended by 1997, 349:34, XVII for preliminary design of expanded correctional facilities, including land acquisition, in accordance with federal crime bill grants.

IX. The appropriation made to the department of corrections in 1995, 309:1, IV, L and as amended by 1997, 349:34, XVIII for the construction of boilers, N.H. state prison for women, Goffstown.

X. The appropriation made to the department of environmental services in 1995, 309:1, VI, A as extended by 1997, 349:34, XIX for the state revolving fund program – wastewater.

XI. The appropriation made to the department of health and human services in 1995, 309:1, VII, B, I as extended by 1997, 349:34, XXIII for RSA 171-B mentally retarded criminal offenders.

XII. The appropriation made to the department of health and human services in 1995, 309:1, VII, C, 1 as extended by 1997, 349;34, XXIV for life and safety renovations – Glencliff.

XIII. The appropriation made to the department of health and human services commissioner’s office in 1997, 349:1, VII, B as amended by 1998, 276:1, for acute psychiatric service building parking improvement – NH hospital.

XIV. The appropriation made to the department of health and human services commissioner’s office in 1997, 349:1, VII, E, as amended by 1998, 276:1, for repair tunnel retaining walls – Glencliff.

XV. The appropriation made to the department of health and human services commissioner’s office in 1997, 349:1, VII, J for additional renovations – Brown building – NH hospital.

XVI. The appropriation made to the department of resources and economic development in 1995, 309:1, XII, A, 2 as amended by section 19 of this act and as extended by 1997, 349:34, XXVIII for Cannon lift and ski area repairs.

XVII. The appropriation made to the department of resources and economic development in 1997, 335:3 for the purchase and development of property in Piermont, New Hampshire on Lake Tarleton.

XVIII. The appropriation made to the department of administrative services in 1997, 349:1, II, A, 3 and 4 for roof repairs – supreme court and health and human services building.

XIX. The appropriation made to the department of administrative services in 1997, 349:1, II, A, 9 for repair of drainage system – state library.

XX. The appropriation made to the department of administrative services in 1997, 349:1, II, A, 12 for the emergency repairs, contingency fund.

XXI. The appropriation made to the department of administrative services in 1997, 349:1, II, A, 13 for the life safety, renovations – health and human services building.

XXII. The appropriation made to the department of administrative services in 1997, 349:1, II, B, 1-3 for LAN hardware and site preparation, year 2000 financial support system, and check processing and mailing system.

XXIII. The appropriation made to the department of administrative services in 1997, 349:1, II, C, 1 for the bureau of court facilities Dover/Durham/Somersworth District Court.

XXIV. The appropriation made to the community technical college system in 1997, 349:1, IV, A for telephone systems and roof projects- Manchester, Claremont, Nashua, and Concord.

XXV. The appropriation made to the community technical college system in 1997, 349:1, IV, C for critical laboratory support for N.H. industries.

XXVI. The appropriation made to the community technical college system in 1997, 349:1, IV, E for upgrade of general science laboratories.

XXVII. The appropriation made to the department of environmental services in 1997, 349:1, VI, A for the waste water state revolving fund match.

XXVIII. The appropriation made to the department of environmental services in 1997, 349:1, VI, B for the drinking water state revolving fund match.

XXIX. The appropriation made to the department of environmental services in 1997, 349:1, VI, D for the bedrock aquifer assessment.

XXX. The appropriation made to the department of environmental services in 1997, 349:1, VI, F for dam removal.

XXXI. The appropriation made to the department of health and human services commissioner’s office in 1997, 349:1, VII, F and as amended in 1998, 276:1 for the Brown Building addition and renovation – Glencliff.

XXXII. The appropriation made to the port authority in 1997, 349:1, IX, D for the maintenance dredging Hampton/Seabrook harbor.

XXXIII. The appropriation made to the port authority in 1997, 349:1, IX, C for dredging Little Harbor.

XXXIV. The appropriations made to the department of resources and economic development in 1997, 349:1, X, B-D for repair Rocky Bend seawall, replace bath house – Sunapee, and replace bridge – Lafayette campground.

XXXV. The appropriation made to the department of transportation in 1997, 349:1, XIV, A for 5-10 percent match FAA airport projects.

XXXVI. The appropriation made to youth development services in 1997, 349:1, XVI, D as amended by 1997, 351:68 and 1998, 372:2, 3 and as amended by section 15 of this act for construction and renovations – YDC.

XXXVII. The appropriation made to the department of transportation in 1997, 349:4, I, A for John O. Morton building renovation.

XXXVIII. The appropriation made to the department of safety in 1997, 349:4, II, A as amended by 1998, 226:2 and 1998, 276:4 and as amended by section 24 of this act for warehouse/Epping station.

XXXIX. The appropriation made to the department of safety in 1997, 349:4, II, B as amended by 1998, 276:4 for microwave system upgrade.

XL. The appropriation made to the department of corrections in 1998, 223:2 for the design and construction of the new medium security prison and for furnishings and equipment for inmates of the new prison.

XLI. The appropriation made to the university system in 1992, 260:16 as amended by 1997, 351:51 for site planning and design of a research facility on the university of New Hampshire campus to enable the university to develop an entrepreneurial campus concept.

XLII. The appropriations made to the department of fish and game in 1995, 309:3, A and B as extended by 1997, 349:34, XXXV for roof repairs and concrete repair/replacement – hatcheries.

XLIII. The appropriation made to the department of fish and game in 1997, 349:3, I for headquarters building modification.

XLIV. The appropriation made to the liquor commission in 1997, 349:1, VIII, B for point of sale registers.

XLV. The appropriation made to the department of education in 1997, 349:1, V, A for phase II computer implementation.

31 Effective Date.

I. Section 30 of this act shall take effect June 30, 1999.

II. The remainder of this act shall take effect July 1, 1999.

Senator Larsen offered a floor amendment.

1999-1818s

10/09

Floor Amendment to HB 25-FN-A

Amend paragraph IX of section 1 of the bill by replacing it with the following:

IX. Legislative Branch

A. Legislative budget assistant – tax policy

revenue forecasting and modeling software $1

Total state appropriation paragraph IX $1

Amend paragraph XII of section 1 of the bill by replacing it with the following:

XII. Department of Resources and Economic Development.

A. ADA compliance for parks facilities $ 150,000

B. Statewide radio system 650,000

Less federal -150,000

Net state appropriation subparagraph B 500,000

C. New toilet facilities - Hampton 125,000

Total state appropriation paragraph XII $ 775,000

Amend section 1 of the bill by inserting after paragraph XIII the following new paragraph and renumbering the original paragraph XIV to read as XV.

XIV. N.H. Veterans Home.

A. Design and build new facility, one-half of state share $1,750,000

Amend the total state appropriation section 1 by replacing it with the following:

Total state appropriation section 1 $ 37,321,864

Amend the bill by replacing section 8 with the following:

8 Bonds Authorized. To provide funds for the total of the appropriations of state funds made in sections 1, 2, 3, and 4 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $59,755,865 and for said purposes may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with the provisions of RSA 6-A.

Amend the bill by replacing section 18 with the following:

18 New Hampshire Veterans’ Home; Construction of 100 Bed Addition; Contingent Appropriation for One-Half of State Share; Bonds Authorized.

I. In order to provide the 35 percent required state match, in addition to those sums appropriated in section 1 of this act, to receive 65 percent federal participation of the total cost of construction of a 100-bed addition, 50 of which shall be for residents with dementia, a sum not exceeding $1,750,000 is hereby appropriated to the New Hampshire veterans’ home.

II. The appropriation made in paragraph I shall be contingent upon a determination by the state treasurer that federal approval of the 65 percent federal participation has been granted.

III. The authorization of appropriation of funds under this section shall be nonlapsing.

IV. To provide funds for the appropriation made in paragraph I, the state treasurer, upon receiving notice from the New Hampshire veterans’ home that federal approval of the 65 percent federal participation has been granted, is hereby authorized to borrow upon the credit of the state not exceeding the sum of $1,750,000 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest of the bonds and notes shall be made when due from the general funds of the state.

Amend paragraphs XXXVIII and XXXIV of section 30 of the bill by replacing them with the following:

XXXVIII. The appropriation made to the department of safety in 1997, 349:4, II, A as amended by 1998, 226:2 and as amended by section 24 of this act for warehouse/Epping station.

XXXIX. The appropriation made to the department of safety in 1997, 349:4, II, B as amended by 1998, 226:2 for microwave system upgrade.

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

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

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

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

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

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

HB 495, 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 519, requiring law enforcement agencies to adopt written policies regarding emergency responses and vehicular pursuits.

HB 561, 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 604, relative to filling a vacancy in the office of county commissioner.

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

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

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

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

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

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

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

SB 193, relative to holiday pay for certain state employees.

Senator D'Allesandro moved adoption.

Senator J. King 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 J. King moved that the Senate be in recess for the purpose of House Messages, introduction of bills, referring bills to committee, scheduling of hearings, Enrolled Bills Reports and amendments, and that when we adjourn we adjourn until Tuesday, June 29, 1999 at 10:00 a.m.

HB 25, making appropriations for capital improvements for fiscal years ending June 30, 2000 and June 2001.

HB 94, relative to enforcement of the child passenger restraint law.

HB 213, relative to voting by prisoners.

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

HB 231, relative to approval of applications in the charter schools pilot program.

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

HB 270, relative to persons not competent to stand trial.

HB 324, repealing certain grounds for granting a divorce for cause.

HB 369, establishing a committee on educational programs on tobacco use for minors.

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

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 408, relative to drug formularies under managed care entities.

HB 411, requiring voters to present identification.

HB 486-FN-A, relative to the physician effectiveness program.

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

HB 650-FN-A, establishing a committee to study the structure of alcohol and drug abuse prevention services.

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

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

HB 687-FN, establishing the criminal offense of identity fraud.

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

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

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