Out of Recess.

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

SB 11-FN-A, relative to the filing fee for securities in a combined prospectus offered for sale in New Hampshire by a mutual fund.

SB 29-L, relative to the proper sheltering of dogs.

SB 76-L, allowing certain municipalities to offer tax exemptions to foster commercial and industrial construction.

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

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

SB 89-L, relative to library trustees.

SB 143, relative to penalties for incest.

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

SB 176-FN-A, relative to technology support for individuals and making an appropriation therefor.

SB 186-FN, relative to additional cost of living adjustments and increased minimum allowances for certain retired group II members, and relative to requiring spousal acknowledgement of a member's election of an optional retirement allowance.

SB 222-FN-A-L, relative to guarantee of loans to local development organizations.

SB 228-FN, relative to the filing fee for securities in a combined prospectus offered for sale in New Hampshire by a mutual fund.

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

SB 40, relative to the health care fund.

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

SB 125, placing restrictions on name changes for certain felons.

SB 188-L, allowing school districts operating under the official ballot form of meeting to have more than one special meeting per year through court petition on an appropriation question or issue.

June 28, 1999

1999-1858-EBA

03/01

Enrolled Bill Amendment to HB 94

The Committee on Enrolled Bills to which was referred HB 94

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 corrects the designation of a new RSA paragraph number.

Amend section 2 of the bill by replacing line 3 with the following:

IV. A driver who is under 18 years of age shall not be subject to license suspension for a

Senator Gordon moved adoption.

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

SB 102, relative to payment of the premium tax.

SB 114, relative to health carrier disclosure of third party liability.

SB 182-FN, relative to eligibility for ordinary death benefits under the New Hampshire retirement system.

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

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

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

Senator Hollingworth moved to accede to the request of 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 131-FN-A, updating the name of the office of vacation travel to the office of travel and tourism in nonconforming RSA sections.

SB 131-FN-A, updating the name of the office of vacation travel to the office of travel and tourism in nonconforming RSA sections.

Senator Hollingworth, 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 158-FN, relative to indecent exposure.

SB 158-FN, relative to indecent exposure.

Senator Hollingworth 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 187-FN-L, relative to payment of group health insurance premiums for eligible retired teachers in the New Hampshire retirement system.

SB 187-FN-L, relative to payment of group health insurance premiums for eligible retired teachers in the New Hampshire retirement system.

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 195-FN-A, appropriating funds for sludge testing.

SB 195-FN-A, appropriating funds for sludge testing.

Senator Russman moved to concur.

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

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

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

Senator Gordon moved to accede to the request of 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 amendments to the following entitled House Bill sent down from the Senate:

HB 341, relative to the process for nonrenewal of teacher contracts.

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 341, relative to the process for nonrenewal of teacher contracts.

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

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

June 29, 1999

1999-1896-EBA

08/09

Enrolled Bill Amendment to HB 410

The Committee on Enrolled Bills to which was referred HB 410

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 adds a missing numeral to an RSA sections reference.

Amend RSA 485-A:22, II as inserted by section 3 of the bill by replacing line 2 with the following:

485-A:4-6, or any lawful regulation of the department issued pursuant to this subdivision or

Senator Gordon moved adoption.

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

HB 563, relative to names of limited liability partnerships and companies and cooperative associations.

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 563, relative to names of limited liability partnerships and companies and cooperative associations.

Senator Fraser moved to accede to the request of 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 amendments to the following entitled House Bill sent down from the Senate:

HB 584, relative to administrative license suspensions.

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 584, relative to administrative license suspensions.

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

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

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

HB 596, 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.

Senator D'Allesandro moved adoption.

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

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

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

Senator Gordon moved to accede to the request of 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 Bills sent down from the Senate:

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

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

June 30, 1999

1999-1913-EBA

04/01

Enrolled Bill Amendment to HB 670

The Committee on Enrolled Bills to which was referred HB 670

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 RSA 201-A:27, III as inserted by section 1 of the bill.

Amend RSA 201-A:27, III as inserted by section 1 of the bill by replacing line 1 with the following:

III. The terms of the members appointed pursuant to subparagraphs II(c), (g), and (h) shall be 3

Senator Gordon moved adoption.

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

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

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

Senator Gordon moved to accede to the request of 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 amendments to the following entitled House Bill sent down from the Senate:

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

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

Senator Hollingworth moved to accede to the request of 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 amendments to the following entitled House Bill sent down from the Senate:

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

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 685, relative to the duties of the New Hampshire land and community heritage commission.

Senator D'Allesandro moved to accede to the request of a Committee of Conference.

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

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Thursday, July 1, 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 Fraser led the Pledge of Allegiance.

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

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

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

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

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

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

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

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

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

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

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

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

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

HB 486, relative to the physician effectiveness program.

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

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

HB 606, relative to managed care programs under worker’s compensation and relative to certain members of the compensation appeals board.

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

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

HB 720, relative to the practice of midwifery.

HB 742, defining "domestic employee" for the purposes of worker’s compensation.

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

SB 103, making certain changes in the insurance laws.

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

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

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

SB 159, relative to early reduction of greenhouse gases.

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

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

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

SB 230, relative to interstate school districts.

Senator D’Allesandro moved adoption.

Senator Francoeur served notice of reconsideration on SB 227, establishing a gambling felony.

Senator F. King moved that the Rules of the Senate be so far suspended as to allow committee reports not previously advertised in the Senate Calendar.

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

Energy and Economic Development

June 30, 1999

1999-1939s

03/09

Amendment to HB 464

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 Statement of Purpose.

I. The governor of the state of New Hampshire and Public Service Company of New Hampshire (PSNH) are in the process of finalizing a settlement to resolve the outstanding issues concerning the implementation within PSNH’s service territory of electric utility restructuring pursuant to RSA 374-F. The settlement proposal that results from these negotiations will include a component for securitizing a portion of PSNH’s stranded costs.

II. It is important that the general court, through the declaration of purpose and findings of RSA 369-A:1, express its understanding of securitization and the criteria that are essential to meet prior to considering the authorization to use securitization. It is also important for the general court to hire a qualified independent consultant to assist it in reviewing any settlement agreement between PSNH and the state of New Hampshire and other matters related to electric utility restructuring.

III. Any legislation enacted in the future that enables the use of securitization will require the review and approval of the public utilities commission prior to a utility being able to issue rate reduction bonds. In order to facilitate the implementation of restructuring, it is important to enable the commission and the utility, under appropriate circumstances, to move forward with the review of utility restructuring plans that contain a securitization component.

2 New Chapter; Electric Rate Reduction Financing. Amend RSA by inserting after chapter 369 the following new chapter:

CHAPTER 369-A

Electric Rate Reduction financing

369-A:1 Declaration of Purpose and Findings. The general court finds that:

I. Restructuring of electric utilities to provide greater competition and more efficient regulation has been found by the general court to be in the public good and New Hampshire is now aggressively pursuing restructuring and increased customer choice in order to provide electric service at lower and more competitive rates.

II. The transition to competitive markets for electricity is a complex endeavor and requires the development of creative and flexible mechanisms to facilitate the movement from monopoly to competition.

III. The establishment of structured financing options for public utilities will enhance and facilitate the expeditious transition to competition, choice for retail electric customers, and reductions in electric rates for all customer classes consistent with the near term rate relief principle of RSA 374-F:3, XI, without creating any debt or obligation of the state or other adverse impacts upon the state’s finances or credit rating. Structured financing options may facilitate and help mitigate stranded cost recovery that the commission determines is appropriate, equitable, and balanced pursuant to authority granted in RSA 374-F:3, XII and 374-F:4.

IV. Structured finance options are best pursued in the context of settlement agreements between a utility and the state concerning the implementation of competition.

V. Rate reduction bonds are instruments underwritten for recovery by a guaranteed promise of customer repayment as part of the stranded cost recovery charge on a customer’s bill. These bonds’ irrevocable guarantee of repayment creates a secure expectation of performance and thus allows for an attractive rate of refinancing of a utility’s stranded costs.

VI. Stranded costs are at some risk of not being recovered under traditional rate regulation and market pressures. Electricity prices in New Hampshire are so high as to cause some customers to aggressively consider fuel switching, conservation, or self generation. Technological innovation may soon allow small scale self generation units to become increasingly viable in the near future. Over time, technological innovation will increasingly threaten the recovery of stranded costs.

VII. Once stranded costs are securitized through rate reduction bonds, a utility immediately recovers through a lump sum payment that portion of its stranded costs underwritten by the bond. As such, the risk of not recovering that portion of a utility’s stranded costs is completely removed. The utility may then favorably recapitalize its debt structure taking advantage of its improved risk profile.

VIII. A lump sum payment derived from a rate reduction bond provides a large infusion of cash with which a utility will refinance its higher cost debt and equity, subject to commission approval as to application of proceeds. This infusion of cash may also afford a utility an enhanced opportunity to participate in restructured electric generation, gas, telecommunication, or other markets.

IX. The financial and security advantages that accrue to a utility in the form of improved debt structure, risk reduction, and new cash resources could make such a utility an attractive investment opportunity. Such utility’s publicly traded stock value is likely to rise significantly, especially if such a utility had faced significant investor uncertainty.

X. The extraordinary benefits that utilities and their investors will receive through issuance of rate reduction bonds are appropriate and fair, but only to the extent that customers also receive equitable and extraordinary benefits. Unless these customer benefits can be achieved at the same time that utilities receive the extraordinary benefits of securitization, the use of revenue reduction bonds and the irrevocable obligation they create for customers is not in the public interest. The benefits to customers should be substantially consistent with the following principles:

(a) Customers should have the opportunity to choose among a range of competitive suppliers in a manner that promotes public trust in the benefits of competitive options. Public trust is not achieved if a utility uses rate reduction bonds to maintain a commanding presence in all of the traditional utility functions of transmitting, distributing, and generating electricity.

(b) Electricity prices should be consistent with RSA 374-F:3, XI, the near term rate relief principles for all customer classes.

(c) Electricity prices should approach the regional average as soon as practicable.

(d) Electricity prices should narrow rather than widen any rate gap for New Hampshire customers.

(e) There should be risk sharing by the utility of the non securitized portion of the utility’s stranded cost should regional average prices not be approached as soon as practicable, and, in any event, substantially before the maturity of the securitization bonds.

(f) Any municipality shall be allowed to continue the process of establishment, acquisition, and expansion of plants according to RSA 38.

(g) Further renegotiations between representatives of the 6 wood-to-energy facilities and the one trash-to-energy facility, Public Service Company of New Hampshire, the public utilities commission, and other interested parties in order to reduce customer cost of this source of electricity should be encouraged.

(h) On or before the date a definitive agreement is filed at the commission, Public Service Company of New Hampshire (PSNH) shall offer to resolve any outstanding litigation and disputes that may exist with the New Hampshire Electric Cooperative (NHEC) on terms which produce rate reductions for NHEC customers which are comparable to rate reductions obtained by PSNH customers. Prior to legislative consideration of the authorization to use structured finance options, the general court expects that both PSNH and NHEC will resolve all outstanding litigation and disputes. The general court further expects that both PSNH and NHEC will negotiate in good faith to resolve outstanding litigation and disputes.

(i) Any dispute, litigation, or regulatory proceedings concerning any electric restructuring issue, in any forum where the utility’s position is adverse to the state of New Hampshire or the commission should cease or be terminated prior to the finalized use of structured financing options.

(j) The commission should retain jurisdiction over any proposed settlement.

(k) Any proposed settlement should be filed at the public utilities commission prior to further legislative consideration of authorization to use structured financing options.

(l) The commission should consider the impact that structured financing options have on today’s customers as well as future customers.

XI. End users shall continue to have the opportunity to generate electricity for their own use without an exit fee.

3 Review by the Public Utilities Commission of Utility Restructuring Plans Containing A Securitization Component.

I. The public utilities commission shall hold hearings to review any proposal that includes securitization that is part of a utility’s compliance filing under RSA 374-F:4 or a settlement proposal. The commission shall, as part of the order that it issues addressing the compliance filing or settlement proposal, include a determination of whether the implementation of securitization as part of the utility’s restructuring plan will result in benefits to customers that are substantially consistent with the principles contained in RSA 374-F:3 and RSA 369-A:1, X and with RSA 369-A:1, XI and the extent to which any rate reduction bonds issued pursuant to the securitization proposal would be successfully traded at favorable rates on the existing securitization market. The commission may issue an order on a settlement proposal which may include a conditional securitization order for legislative review.

II. The commission may not authorize any utility to issue rate reduction bonds without legislative authorization. Further, any commission order regarding securitization shall not create a presumption of legislative consideration of, or approval of the needed legislative authorization to use securitization. Any conditional securitization order shall not become effective unless and until the general court passes future enabling legislation.

4 Other Proceedings Before the Public Utilities Commission. In order to judge whether the settlement proposal between the governor and Public Service Company of New Hampshire is in the public interest it is important to have adequate information. The testimony and exhibits offered in the proceedings before the public utilities commission concerning the Fuel and Power Adjustment Clause, Docket Nos. 97-014, 98-014, 98-197, and 99-044, the Base Rate, Docket No. 97-059, and the Statewide Electric Industry Restructuring, Docket No. 96-150, would contribute to a factual record against which to compare the terms of a settlement. Therefore, participants should file in a settlement proceeding any testimony, exhibits, data requests, and data responses relevant to the cited dockets in order to provide a basis for the commission and legislature to compare the settlement to other possible outcomes.

5 Consultant to Review Settlement Agreement; Appropriation. Upon the filing of a settlement with the public utilities commission that includes a securitization proposal for recovery of a portion of the stranded costs of Public Service Company of New Hampshire (PSNH), the fiscal committee of the general court, upon recommendation of the legislative oversight committee on electric utility restructuring established in RSA 374-F:5 and after consultation with the house science, technology and energy committee, and the senate energy and economic development committee, shall select and contract for the services of a qualified independent consultant. The consultant shall review, study, and report to the legislative oversight committee on electric utility restructuring, the fiscal committee, the house science, technology and energy committee, and the senate energy and economic development committee on the settlement agreement between PSNH and the state of New Hampshire and other matters related to electric utility restructuring. The consultant shall be paid, with approval of the fiscal committee of the general court, from assessments not to exceed $50,000 against the state’s electric utilities made by the public utilities commission pursuant to the methodology defined in RSA 363-A:2.

6 Public Utilities; Electric Utility Restructuring; Implementation; Stranded Costs; Settlement Proceeding Added. Amend RSA 374-F:4, V to read as follows:

V. The commission is authorized to allow utilities to collect a stranded cost recovery charge, subject to its determination in the context of a rate case or adjudicated settlement proceeding that such charge is equitable, appropriate, and balanced, is in the public interest, and is substantially consistent with these interdependent principles. The burden of proof for any stranded cost recovery claim shall be borne by the utility making such claim.

7 Public Utilities; Electric Utility Restructuring; Implementation; Interim Stranded Cost Recovery. Amend RSA 374-F:4, VI(a) to read as follows:

VI.(a) In order to facilitate the rapid transition to full competition, the commission is authorized, in its generic restructuring order as provided in paragraph II, to set, without a formal rate case proceeding, an interim stranded cost recovery charge for each electric utility. Such interim stranded cost recovery charges shall be effective for not more than 2 years from the implementation of utility compliance filings and shall be based on the commission's preliminary determination of an equitable, appropriate, and balanced measure of stranded cost recovery that takes into account the near term rate relief principle, is in the public interest, and is substantially consistent with these interdependent principles. The commission shall also consider the potential for future rate impacts due to possible differences between interim stranded cost recovery charges and charges that may finally be approved for stranded cost recovery.

8 Public Utilities; Electric Utility Restructuring; Implementation; System Benefits Charge; Authority Extended. Amend RSA 374-F:4, VIII(c) to read as follows:

(c) The portion of the system benefits charge due to programs for low-income customers shall not exceed 1.5 mills per kilowatt hour. The authority of the commission to impose such a charge shall terminate on June 30, [2003] 2005.

9 Public Utilities; Electric Utility Restructuring; Implementation; System Benefits Charge; Report; Date Changed. Amend RSA 374-F:4, VIII(f) to read as follows:

(f) Beginning in [1999] 2000, the commission shall submit a report to the legislative oversight committee on electric utility restructuring by October 1 of each year. The report shall concern the results and effectiveness of the system benefits charge.

10 Trade and Commerce; Combinations and Monopolies; Exemption for Authorized Activity; Exemption Narrowed. Amend RSA 356:8-a to read as follows:

356:8-a Exemption for Authorized Activity. Activities of and arrangements between persons shall be exempt from this chapter if such are permitted, authorized, approved, required, or regulated by a regulatory body acting under a federal or state statutory scheme or otherwise [subject to the jurisdiction of] actively supervised by a regulatory agency.

11 Public Utilities Commission; Support Personnel to Commission; Staff, Separation of Functions; Functional Lines Replaced. Amend RSA 363:27, II to read as follows:

II. The staff of the commission shall be [divided along functional lines, as shall be determined from time to time by] organized as the commission determines best achieves its statutory responsibilities.

12 Public Utilities; Issuance of Stock and Other Securities, General Provisions; Foreign Business; Discretion of Commission. RSA 369:8, II is repealed and reenacted to read as follows:

II.(a) To the extent that the approval of the commission is required by any other statute for any corporate restructuring, financing, change in long-term or short-term indebtedness, or issuance of stock involving parent companies of a public utility regulated by the commission, the approval of the commission shall not be required if the public utility files with the commission a detailed representation in writing no less than 60 days prior to the anticipated completion of the transaction that the transaction will not adversely affect rates, terms, service, or operation of the public utility within the state.

(b)(1) To the extent that the approval of the commission is required by any other statute for any corporate merger or acquisition involving parent companies of a public utility whose rates, terms, and conditions of service are regulated by the commission, the approval of the commission shall not be required if the public utility files with the commission a detailed written representation no less than 60 days prior to the anticipated completion of the transaction that the transaction will not have an adverse effect on rates, terms, service, or operation of the public utility within the state.

(2) If the commission does not issue an order within 60 days of the completed filing, the transaction shall be considered approved as filed.

(3) If the commission within 30 days, and after an opportunity for a public hearing, issues a preliminary written determination that such a merger or acquisition will have an adverse effect on rates, terms, service, or operation of the public utility in the state, the commission shall allow the utility at least 30 days to amend its filing in order to address the commission’s preliminary determination.

(4) The commission may extend making its preliminary determination of adverse effect on rates, terms, service, or operation of the public utility in the state for 30 days.

(5) Should the commission find within 30 days after receiving the amended filing, the proposed merger or acquisition has an adverse effect, the commission shall review the transaction under the statute which would have otherwise applied but for this section, and, after an opportunity for a public hearing, issue a ruling based upon the other applicable statute or statutes within 60 days of its determination of adverse effect.

13 Public Utilities; General Regulations; Underground Utility Damage Prevention System; Definitions; Excavate, Excavating, or Excavation; Exception Added. Amend RSA 374:48, III to read as follows:

III. "Excavate", "excavating", or "excavation" means any operation conducted in a public way, right-of-way, easement, public street, or other public place, in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosive, and includes but is not limited to drilling, grading, boring, milling, trenching, tunneling, scraping, tree and root removal, cable or pipe plowing, fence or sign post installation, pile driving, wrecking, razing, rending or moving any structure or mass material, but does not include the tilling of soil for agricultural purposes or replacement of department-of-transportation-installed delineator posts in the same location.

14 Public Utilities; General Regulations; Underground Utility Damage Prevention System; Notification by Excavator; Premarking. RSA 374:51, IV is repealed and reenacted to read as follows:

IV. Prior to complying with the notification requirements of paragraph II, an excavator must premark the area as provided in this paragraph, which means identifying the perimeter of the proposed site of the excavation by marking the perimeter in an appropriate manner in the color white paint, stakes, or other suitable white markings on non-paved surfaces. No such premarking shall be acceptable if the marks interfere with traffic or pedestrian control, or are misleading to the general public. Premarking shall not be required on any continuous excavation that is over 100 feet in length, or any pole replacement that is within 5 feet of an existing location. If an excavation is over 100 feet in length or a pole replacement is within 5 feet of an existing location, the excavator shall communicate the perimeter of the excavation by means of a description of the area or construction plans, or have an on-site meeting with affected operators or other suitable means acceptable to the parties.

15 Public Utilities; General Regulations; Underground Utility Damage Prevention System; Civil Penalty. RSA 374:55 is repealed and reenacted to read as follows:

374:55 Civil Penalty.

I. Proof that an excavation has been made without compliance with the notice requirement of RSA 374:51 and that damage to an underground facility has occurred shall be prima facie evidence in any court or administrative proceeding that the damage was caused by the negligence of the excavator.

II. Any excavator who does not give notice of or identify the proposed excavation area as required by RSA 374:51 or rules of the commission regarding tolerance zones and marking procedures shall be subject to the penalties in paragraph VIII, in addition to any liability for the actual damages.

III. Any operator which does not mark the location of its underground facilities as required by RSA 374:53 or rules of the commission regarding tolerance zones and marking procedures shall be subject to the penalties in paragraph VIII.

IV. If underground facilities are damaged because an operator does not mark its underground facilities as required by RSA 374:53, the operator shall be subject to the penalties in paragraph VIII, liable for damages sustained to its facilities and, in addition, shall be liable for any damages incurred by the excavator as a result of the operator's failure to mark such facilities.

V. If marked underground facilities are damaged, the excavator shall be subject to the penalties in paragraph VIII and liable for the cost of repairs for the damage.

VI. Any excavator who damages an underground facility and fails to notify the operator, or backfills the excavation without receiving permission, as required by RSA 374:54, shall be subject to the penalties in paragraph VIII.

VII. The commission or any commission employee, involved in the "Dig Safe" program and designated by the commission, may enforce violations of this subdivision. Any excavator or operator that violates this subdivision shall be subject to the penalties in paragraph VIII. In addition, the commission may assess the excavator for expenditures made to collect the civil penalty. Any excavator or operator which suffers damage resulting from violation of this subdivision may petition the commission to initiate an enforcement action.

VIII. Any excavator or operator that does not comply with RSA 374:51-54 shall be required either to complete a "Dig Safe" training program, or to pay a civil penalty of up to $500. The civil penalty may be up to $5,000 if the excavator or operator previously violated RSA 374:51-54 within the prior 12 months or if the violation results in bodily injury or property damages exceeding $50,000, excluding utility costs.

16 Applicability. Sections 10-17 of this act shall not apply to any transaction entered into prior to July 1, 1999.

17 Repeal. RSA 369:5, relative to certificate of issue of securities, is repealed.

18 Effective Date.

I. Sections 1-9 of this act shall take effect upon its passage.

II. Sections 13-15 of this act shall take effect January 1, 2000.

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

1939s

AMENDED ANALYSIS

This bill:

I. Expresses certain legislative purposes and findings relative to electric rate reduction financing and makes certain changes to the law regarding the implementation of electric utility restructuring.

II. Requires the public utilities commission to hold hearings to review securitization proposals.

III. Requires that an independent consultant report on a settlement agreement between the state of New Hampshire and Public Service Company of New Hampshire and other matters related to electric utility restructuring upon the filing of a settlement with the public utilities commission that include a securitization proposal.

IV. Modifies requirements and penalties under the "Dig Safe" law.

V. Clarifies the applicability of certain utility laws.

HB 75, changing the number required for a quorum on the commission for human rights. Executive Departments and Administration Committee. Vote 6-0. Ought to pass with amendment, Senator Trombly for the committee.

1999-1216s

05/09

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

AN ACT relative to changes in procedures effecting the state commission for human rights.

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

1 State Commission for Human Rights. Amend RSA 354-A:3, II to read as follows:

II. Any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the unexpired term of the member who is to be succeeded. [Three] Four members of the commission shall constitute a quorum for the purpose of conducting the commission's business, with the exception of hearings conducted pursuant to RSA 354-A:21, II(b). A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission. Each member of the commission shall be entitled to [his] expenses actually and necessarily incurred by [him] such member in the performance of [his] such member’s duties.

2 New Paragraph; Fees for Services and Programs. Amend RSA 354-A:5 by inserting after paragraph XIV the following new paragraph:

XV. To charge reasonable fees for educational services, programs, publications and other written materials.

3 Procedure on Complaints. Amend RSA 354-A:21, II(a) to read as follows:

(a) After the filing of any complaint, one of the commissioners designated by the chair shall make, with the assistance of the commission's staff, prompt investigation in connection therewith; during the course of the investigation, the commission shall encourage the parties to resolve their differences through settlement negotiations; and if such commissioner shall determine after such investigation that probable cause exists for crediting the allegations of the complaint, the commissioner shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion. The members of the commission and its staff shall not disclose what has occurred in the course of such endeavors, provided that the commission may publish the facts in the case of any complaint which has been dismissed, and the terms of conciliation when the complaint has been so disposed of. When the investigating commissioner finds no probable cause to credit the allegations in the complaint, the complaint shall be dismissed, subject to a right of appeal to superior court. To prevail on appeal, the moving party shall establish that the commission decision is unlawful or unreasonable by a clear preponderance of the evidence. The findings of the investigating commissioner upon questions of fact shall be upheld as long as the record contains creditable evidence to support them.

4 Procedure on Complaints. Amend RSA 354-A:21, II(c) to read as follows:

(c) The case in support of the complaint [shall] may be presented before the commission by [one of its attorneys or agents,] the complainant or complainant’s representative and the commissioner who shall have previously made the investigation and caused the notice to be issued shall not participate in the hearing except as a witness, nor shall he participate in the subsequent deliberation of the commission in such case; and the aforesaid endeavors at conciliation shall not be received in evidence. The respondent shall file a written verified answer to the complaint and appear at such hearing in person or otherwise, with or without counsel, and submit testimony. [In the discretion of the commission, the complainant may be allowed to intervene and present testimony in person or by counsel.] The commission or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend his answer. The commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and transcribed at the request of any party. The cost of transcription shall be borne by the party requesting the transcript.

5 Procedure on Complaints. Amend RSA 354-A:21, IV to read as follows:

IV. In administering this section, the commission shall be exempt from the provisions of RSA 541-A:29, II, but shall close each case or commence adjudicative proceedings on such case under [RSA 354-A:22] RSA 354-A:21 within 24 months after the filing date of the complaint.

6 Judicial Review and Enforcement. Amend RSA 354-A:22, I and II to read as follows:

I. Any complainant, respondent or other person aggrieved by such order of the commission may obtain judicial review of the order, and the commission or any interested person may obtain an order of court for its enforcement, in a proceeding as provided in this section. Such proceeding shall be brought in the superior court of the state within any county in which the unlawful practice which is the subject of the commission's order occurs or in which any person required in the order to cease and desist from an unlawful practice or to take other affirmative action resides or transacts business.

II. Such proceeding shall be initiated by the filing of a petition in such court, together with a written transcript of the record upon the hearing before the commission in the case of a petition for judicial review, and issuance and service of an order of notice as in proceedings in equity. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony and proceedings set forth in such transcript an order or decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the commission, with full power to issue injunctions against any respondent and to punish for contempt of court. No objection that has not been urged before the commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.

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

1999-1216s

AMENDED ANALYSIS

This bill changes certain procedures involving complaints brought before the state commission of human rights, and requirements for a quorum vote by the commission.

Senator D’Allesandro offered a floor amendment.

1999-1919s

05/09

Floor Amendment to HB 75

Amend RSA 354-A:21, II(a) as inserted by section 3 of the bill by replacing it with the following:

(a) After the filing of any complaint, one of the commissioners designated by the chair shall make, with the assistance of the commission's staff, prompt investigation in connection therewith; during the course of the investigation, the commission shall encourage the parties to resolve their differences through settlement negotiations; and if such commissioner shall determine after such investigation that probable cause exists for crediting the allegations of the complaint, the commissioner shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion. The members of the commission and its staff shall not disclose what has occurred in the course of such endeavors, provided that the commission may publish the facts in the case of any complaint which has been dismissed, and the terms of conciliation when the complaint has been so disposed of. When the investigating commissioner finds no probable cause to credit the allegations in the complaint, the complaint shall be dismissed, subject to a right of appeal to superior court. The complainant is entitled to a trial by jury on any issue of fact in an action for damages, regardless of whether the person seeks equitable relief.

Senator Gordon moved to have HB 75, changing the number required for a quorum on the commission for human rights, laid on the table.

HB 75, changing the number required for a quorum on the commission for human rights.

HB 601, allowing the assistant commissioner of corrections to assume the duties of the commissioner in the event that the commissioner is unable to perform such duties, correcting out-of-date references and phraseology pertaining to the department of corrections, adding the position of warden of the Northern New Hampshire Correctional Facility to the unclassified system, and changing the personnel group status of the warden of the lakes region facility. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.

1999-1851s

09/10

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

Amend the bill by replacing sections 5 and 6 with the following:

5 Reference Change and Addition to Personnel Group. Amend RSA 94:1-a by:

I. Deleting in group M:

Superintendent, New Hampshire state prison for women

Superintendent, lakes region facility, department of corrections

II. Inserting in group M:

Warden, New Hampshire state prison for women

Warden, lakes region facility, department of corrections

III. Inserting in group N:

Warden, Northern New Hampshire Correctional Facility, department of corrections

6 Applicability of Salary Classifications. The warden of the Northern New Hampshire Correctional Facility (formerly the Berlin prison facility) on the effective date of this act shall become the unclassified warden at the salary step in group N which is not less than the warden’s classified salary.

1999-1851s

AMENDED ANALYSIS

This bill allows the assistant commissioner to assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties, corrects certain out-of-date references pertaining to the department of corrections, adds the position of warden of the Northern New Hampshire Correctional Facility to unclassified personnel group N, and replaces the superintendent of the lakes region facility with the warden of the lakes region facility in unclassified personnel group M.

Senator D'Allesandro offered a floor amendment.

Sen. Cohen, Dist. 24

Sen. D’Allesandro, Dist. 20

June 30, 1999

1999-1944s

05/10

Floor Amendment to HB 601

Amend the bill by replacing sections 5 and 6 with the following:

5 Reference Change and Addition to Personnel Group. Amend RSA 94:1-a by:

I. Deleting in group M:

Superintendent, New Hampshire state prison for women

Superintendent, lakes region facility, department of corrections

II. Inserting in group M:

Warden, New Hampshire state prison for women

Warden, lakes region facility, department of corrections

III. Inserting in group O:

Warden, Northern New Hampshire Correctional Facility, department of corrections

6 Applicability of Salary Classifications. The warden of the Northern New Hampshire Correctional Facility (formerly the Berlin prison facility) on the effective date of this act shall become the unclassified warden at the salary step in group O which is not less than the warden’s classified salary.

Amend the bill by inserting after section 9 the following and renumbering the original sections 10-12 to read as sections 11-13, respectively:

10 Terminology Correction. Amend RSA 21-H:6, II to read as follows:

II. The commissioner shall nominate for appointment by the governor, with the consent of the council, each division director[,] and the [warden] wardens of all the New Hampshire state [prison for men, the superintendent of the lakes region facility, and the superintendent of the New Hampshire state prison for women] prisons. All division directors[,] and the [warden] wardens of the New Hampshire state [prison for men, the superintendent of the lakes region facility, and the superintendent of the New Hampshire state prison for women] prisons shall serve at the pleasure of the commissioner.

1999-1944s

AMENDED ANALYSIS

This bill allows the assistant commissioner of corrections to assume the duties of the commissioner in the event that the commissioner is unable to perform such duties, corrects out-of-date references and phraseology pertaining to the department of corrections, adds the position of warden of the Northern New Hampshire Correctional Facility to the unclassified system, and replaces the superintendent of the lakes region facility with a warden in the salary classification table and replacing the superintendent of the New Hampshire state prison for women with a warden in the salary classification table.

HB 603, relative to the performance audit and oversight committee. Executive Departments and Administration Committee. Vote 6-1. Ought to pass with amendment, Senator Francoeur for the committee.

1999-1893s

10/09

Amend RSA 17-N:1, II as inserted by section 1 of the bill by replacing it with the following:

II. The committee shall consist of [10] 12 members, [5] 6 of whom shall be members of the house of representatives, 3 appointed by the speaker of the house, the chair of the fiscal committee, and 2 appointed by the house minority leader, and [5] 6 of whom shall be senators, 3 appointed by the president of the senate, the chair of the senate finance committee and 2 appointed by the senate minority leader. Members shall be appointed for their term of office. All members shall be eligible for reappointment so long as they are qualified under this section. Members shall be appointed no later than December 30 of the year of their election to the general court, except that vacancies shall be filled for an unexpired term within 30 days of the creation of such vacancy, and the initial appointments under this section shall be made within 30 days of the effective date of this section. The members shall choose from their number a chairman, provided that the chairmanship shall rotate biennially between the house and senate members.

1999-1893s

AMENDED ANALYSIS

This bill increases the membership of the performance audit and oversight committee to include the chairperson of the joint legislative fiscal committee and the chairperson of the senate finance committee, and establishes certain procedures for the receipt of audit reports and responses from audits.

HB 661-L, relative to the scope of abatement appeals. Executive Departments and Administration Committee. Vote 4-3. Ought to Pass, Senator Cohen for the committee.

Senator Fernald moved to have HB 661-L, relative to the scope of abatement appeals, laid on the table.

Senator F. King moved that HB 208, establishing a coordinated and comprehensive effort by state agencies for economic growths, resource protection, and planning policy to deter sprawl, 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 208 to be before the Senate at the present time.

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

Energy and Economic Development

June 28, 1999

1999-1857s

10/01

Amendment to HB 208-FN

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

Amend RSA 9-B:4 as inserted by section 6 of the bill by replacing it with the following:

9-B:4 Expenditure of State or Federal Funds. All state agencies shall give due consideration to the state's policy on sprawl under RSA 9-B:2 when providing advice or expending state or federal funds, for their own use or as pass-through grants, for public works, transportation, or major capital improvement projects, and for the rental or lease of facilities. The intent under this section is that new investments be directed toward existing lots, buildings, and existing community centers where that is the practical alternative for the use and community in question.

Amend the bill by replacing section 10 with the following:

10 Study Committee Established. There is hereby established a legislative study committee to review regulatory options for addressing the development of major projects, such as race tracks, shopping centers, utility infrastructure, and casinos, which have statewide or significant regional impacts.

11 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.

12 Duties. The committee shall review the regulatory options for addressing the development of major projects 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.

13 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.

14 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.

15 Effective Date.

I. Sections 10-15 of this act shall take effect upon its passage.

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

1999-1857s

AMENDED ANALYSIS

This bill establishes a coordinated and comprehensive effort by state agencies for economic growth, resource protection, and planning policy to deter sprawl, and requires the council on resources and development to report on state agency progress.

This bill also establishes a committee to study options for addressing the development of major projects which have statewide or significant regional impacts.

Senator D'Allesandro moved that HB 709, relative to the railroad tax, resource protection, and planning policy to deter sprawl, be introduced into the Senate at the present time.

Senator D'Allesandro 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 709 to be before the Senate at the present time.

HB 709, relative to the railroad tax.

Senator D'Allesandro moved ought to pass.

Senator Klemm moved that HB 653, increasing the personal needs allowance of nursing home residents and residents of residential care facilities and community residences and making an appropriation therefor, be introduced into the Senate at the present time.

Senator Klemm 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 653 to be before the Senate at the present time.

HB 653, increasing the personal needs allowance of nursing home residents and residents of residential care facilities and community residences and making an appropriation therefor. Finance Committee. Ought to pass with amendment.

Senate Finance

July 1, 1999

1999-1959s

04/01

Amendment to HB 653

Amend the bill by replacing section 5 with the following:

5 Budget Surplus; Transfer to Long-Term Care Institute. Notwithstanding RSA 9:13-e, any undesignated general fund surplus as of June 30, 1999 up to the sum of $60,000 for the fiscal year ending June 30, 2000, and the sum of $60,000 for the fiscal year ending June 30, 2001, shall be transferred to the long-term care institute established in RSA 126-L:2 for the purposes of paying the annual salary of the position created in section 3 of this act and any other costs related to the long-term care institute.

1999-1959s

AMENDED ANALYSIS

This bill also creates a 2-year position of long-term care specialist to perform the duties of the long-term care institute. The bill provides for a transfer of general fund undesignated surplus sufficient to pay the annual salary of the long-term care specialist and any other costs related to the long-term care institute.

Senator D'Allesandro 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, taken off 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 Gordon moved that the Rules of the Senate be so far suspended as to allow committee reports not previously advertised in the Senate Calendar.

Senator Hollingworth moved to vacate HB 707, relative to the family division of the courts from the Finance Committee to the Judiciary Committee.

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

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

Senator Fraser moved that the Rules of the Senate be so far suspended as to allow the introduction of a Senate Bill after the deadline.

99-1053

SB 231, relative to public water supplies. Public Affairs

1999-1951-CofC

10/09

Committee of Conference Report on HB 25-FN-A, an act making appropriations for capital improvements.

Recommendation:

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

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

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

1 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 $ 610,000

Less federal -610,000

Net state appropriation subparagraph A $ 0

B. Replacement of information technology

hardware systems & applications * 62,000

C. Renovation of state armories $300,000

Total state appropriation paragraph I $362,000

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. 1,500,000

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

15. Light replacement – health and human services* 389,050

Net state appropriation subparagraph A $4,300,550

Total state appropriation paragraph II $4,300,550

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

D. New halfway house – southern 500,000

Total state appropriation paragraph V $ 972,000

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 * $ 20,500,000

Less federal -13,000,000

Net state appropriation subparagraph H 7,500,000

Total state appropriation paragraph VIII $ 9,677,000

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

Total state appropriation paragraph IX $1

X. Liquor Commission.

A. Renovate store #73, Hampton – southbound $1,425,000

Total state appropriation paragraph X $1,425,000

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 railroad and airport properties 1,450,000

D. Concord rail bridge 650,000

E. Compliance, governor’s commission on disability –

All general fund agencies 900,000

Total state appropriation paragraph XIII $ 3,790,000

XIV. N.H. Veterans Home.

A. Design and build new facility $10,000,000

Less federal -6,500,000

Net state appropriation subparagraph A 3,500,000

Total state appropriation paragraph XIV $3,500,000

The funds appropriated in subparagraph A shall not lapse.

XV. 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 XV $ 707,000

Total state appropriation section 1 $ 41,311,314

* 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 roof and related renovation 600,000

D. Kingsbury Hall design 680,000

E. Boyd Hall design 600,000

Total state appropriation section 2 $8,180,000

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 $59,425,314 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; Long Range Capital Planning and Utilization 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] long range capital planning and utilization 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 Appropriation; Department of Resources and Economic Development; Recreational Vehicle Sites at Moose Brook. The sum of $100,000 is hereby appropriated to the department of resources and economic development for the purpose of constructing 15 recreational vehicle sites at Moose Brook. The sums appropriated shall be a charge against the state park fund established in RSA 216-A:3-i.

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

I. In order to receive a 90-10 federal match of funds of $6,300,000 for a total project cost of $7,000,000, 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 funds held by the director of fire standards and training pursuant to RSA 21-P:12-a, III.

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

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

21 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.

22 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.

23 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

24 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

25 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.

26 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

27 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

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

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

29 Appropriation Purpose Amended; Health and Human Services; Glencliff Home for the Elderly Added. Amend 1995, 310:191, as amended by 1997, 349:31, as extended by 1997, 349, 34, XXXVII, and as amended by 1998, 276:2 and 3 to read as follows:

310:191 Department of Health and Human Services; Acute Psychiatric Services Building Renovation; M & S Building; Thayer Building; Glencliff Home for the Elderly Appropriation. The sum of $2,800,000 is hereby appropriated to the department of health and human services for the design and renovation of, and purchase of equipment and furnishing for the B-wing of the acute psychiatric services building; furnishings, painting, safety features and other patient-required improvements in the M & S Building and the Thayer Building for the use of psychiatric nursing home services; [and] furnishings, painting, safety features, and other patient-required improvements at the Glencliff home for the elderly; and improvements to the Brown Building. This appropriation is in addition to any other funds appropriated to the department of health and human services.

30 Appropriation; Bonds Authorized; Emergency Management; Telephone System Replacement.

I. The sum of $218,800 is appropriated to the office of emergency management for the purpose of telephone system replacement.

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 $218,800 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. Notwithstanding any provision of RSA 106-H:9, payments of principal and interest on the bonds and notes shall be made from funds held in the enhanced 911 system fund established in RSA 106-H:9.

31 Appropriation; Youth Development Services; Tobey School Elevator. The general court recognizes that the Tobey school located in Concord is not in compliance with the Americans with Disabilities Act (ADA). Therefor there is hereby appropriated the sum of $225,000 for the biennium ending June 30, 2001 to the department of youth development services for the purpose of repairing or replacing the elevator at the Tobey school in order that the school come into compliance with the ADA. The repair or replacing shall be at the discretion of the commissioner of the department of youth development services, with the prior approval of the fiscal committee of the general court. This appropriation is in addition to any other funds appropriated to the department of youth development services. This appropriation shall be a charge against the accumulated balance forward that the department has accumulated as a result of overbillings made and collected in prior years as noted on page 40 of the performance audit of the juvenile justice system issued by the office of the legislative budget assistant in November, 1998.

32 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 health and human service by 1995, 310:191, as amended by 1997, 349:31, as extended by 1997, 349:34, XXXVII, as amended by 1998, 276:2 and 3, and as amended by section 29 of this act for design and renovation of APS-B-wing, M and S building and Thayer building improvements, Glencliff home improvements, and improvements to the Brown building.

XVII. The appropriation made to the department of resources and economic development in 1995, 309:1, XII, A, 2 as amended by section 20 of this act and as extended by 1997, 349:34, XXVIII for Cannon lift and ski area repairs.

XVIII. 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.

XIX. 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.

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

XXI. The appropriation made to the department of administrative services in 1997, 349:1, II, A, 1 for fire suppression – state library.

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

XXIII. 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.

XXIV. 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.

XXV. 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.

XXVI. 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.

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

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

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

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

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

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

XXXIII. 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.

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

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

XXXVI. 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.

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

XXXVIII. 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.

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

XL. 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 23 of this act for warehouse/Epping station.

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

XLII. 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.

XLIII. 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.

XLIV. 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.

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

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

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

33 Effective Date.

I. Section 32 of this act shall take effect June 30, 1999.

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

The signatures below attest to the authenticity of this Report on, an act

Sen. Larsen, Dist. 15 Rep. E. Smith, Ches. 6

Sen. D’Allesandro, Dist. 20 Rep. Chandler, Carr. 1

Sen. Gordon, Dist. 2 Rep. Calawa, Hills. 17

_________________________________________

Sen. J. King, Dist. 18 Rep. Vaughn, Rock. 35

Senator D'Allesandro moved adoption.

1999-1902-CofC

10/01

Committee of Conference Report on HB 69, an act relative to the definition of employee under certain labor laws and relative to overtime pay for hourly employees.

Recommendation:

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

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

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

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

The signatures below attest to the authenticity of this Report on, an act

Sen. Wheeler, Dist. 21 Rep. Daniels, Hills. 13

Sen. J. King, Dist. 18 Rep. Gilman, Graf. 1

Sen. Fraser, Dist. 4 Rep. Clegg, Hills 23

Rep. Kelley, Rock. 22

1999-1902-CofC

AMENDED ANALYSIS

This bill changes the definition of employee related to certain labor laws.

Senator Wheeler moved adoption.

1999-1955-CofC

09/01

Committee of Conference Report on HB 112-FN-A, an act increasing the tobacco tax and imposing the tax on all types of tobacco products.

Recommendation:

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

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

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

1 Cigarette Tax. Amend RSA 78:7 to read as follows:

78:7 Tax Imposed. A tax upon the retail consumer is hereby imposed at the rate of [37] 52 cents for each package containing 20 cigarettes or at a rate proportional to such rate for packages containing more or less than 20 cigarettes, on all tobacco products sold at retail in this state. The payment of the tax shall be evidenced by affixing stamps to the smallest packages containing the tobacco products in which such products usually are sold at retail. The word "package" as used in this section shall not include individual cigarettes. No tax is imposed on any transactions, the taxation of which by this state is prohibited by the Constitution of the United States.

2 Applicability. Section 1 of this act shall apply to all persons licensed under RSA 78:2. Such persons shall inventory all taxable tobacco products in their possession and file a report of such inventory with the department of revenue administration on a form prescribed by the commissioner within 20 days after the effective date of this act. The tax rate effective July 6, 1999, shall apply to such inventory and the difference, if any, in the amount paid previously on such inventory and the current effective rate of tax shall be paid with the inventory form. The inventory form shall be treated as a tax return for the purpose of computing penalties under RSA 21-J.

3 New Subdivision; Tobacco Use Prevention Fund. Amend RSA 126-K by inserting after section 14 the following new subdivision:

Tobacco Use Prevention Fund

126-K:15 Tobacco Use Prevention Fund. There is hereby established in the office of the state treasurer a fund to be known as the tobacco use prevention fund. Of tobacco settlement funds received by the state of New Hampshire, $3,000,000 annually, commencing with fiscal year 2001, shall be deposited in the tobacco use prevention fund. Moneys in this fund shall be nonlapsing and continually appropriated, beginning with fiscal year 2001, for tobacco use prevention and cessation programs, which shall include but not be limited to:

I. Tobacco use prevention community programs and grants.

II. Tobacco use prevention school programs and grants.

III. Tobacco use prevention state-wide programs and grants.

IV. Tobacco use cessation programs.

V. Tobacco use prevention and cessation counter marketing.

VI. Evaluation.

VII. Administration and enforcement.

4 New Subparagraph; Special Fund. Amend RSA 6:12, I by inserting after subparagraph (vvv) the following new subparagraph:

(www) Moneys received under RSA 126-K:15, which shall be credited to the tobacco use prevention fund.

5 Tobacco Use Prevention and Cessation Programs. The allocation of moneys in the tobacco use prevention fund to specific tobacco use prevention and cessation programs shall be determined by the legislature during the 2000 legislative session.

6 Effective Date. This act shall take effect July 6, 1999.

The signatures below attest to the authenticity of this Report on, an act

Sen. Hollingworth, Dist. 23 Rep. Lozeau, Hills. 30

Sen. McCarley, Dist. 6 Rep. Chandler, Carr. 1

Sen. Fraser, Dist. 4 Rep. Kurk, Hills. 5

Rep. Buckley, Hills. 44

1999-1955-CofC

AMENDED ANALYSIS

This bill increases the tobacco tax by 15 cents.

The bill dedicates $3,000,000 of tobacco settlement funds to a tobacco use prevention fund.

Senator Hollingworth moved adoption.

Senator F. King in opposition to HB 112-FN-A Committee of Conference Report.

1999-1918-CofC

05/01

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

Recommendation:

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

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

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

1 New Section; Process for Division of Rental Units from Individually Owned Units for Tax and Title Purposes. Amend RSA 356-B by inserting after section 26 the following new section:

356-B:26-a Division of Rental Units from Individually Owned Units for Tax and Title Purposes. Notwithstanding the provisions of RSA 356-B:26, in situations where a single owner has purchased several units within an established complex and uses them as rental properties, the following procedure shall allow cities and towns to rectify discrepancies concerning marketable title to the properties:

I. Upon the request of the majority of the lot owners in a subdivision, the governing body may cause a plat to be made for the purpose of taxation or tax title procedures. Such request shall be made in the form of a warrant article which may be placed on the warrant by the will of the selectmen or as a petitioned warrant article as provided in RSA 39:3. Upon approval by the legislative body, the governing body, acting as the applicant, shall submit such application to the planning board for review and approval pursuant to local subdivision regulations and RSA 676:4 where the town has authorized the planning board to approve or disapprove plats pursuant to RSA 74:35.

II.(a) When completed, the plat shall be filed with the planning board by the governing body that ordered the plat. For the purposes of this section, the filing of the application for approval of the plat shall occur at least 15 but not more than 20 days prior to the public hearing at which the application is submitted to and accepted by the planning board.

(b) On its title page shall appear the sworn certificate of the surveyor who made the plat, which shall state and contain:

(1) The name of the governing body by whose order the plat was made and the date of the order.

(2) A clear and concise description of the land so surveyed and mapped by metes and bounds beginning with some corner marked and established in the New Hampshire state plane coordinate system, North American DATUM of 1983.

(3) A statement that the plat is a correct representation of all the exterior boundaries of the land surveyed and each parcel thereof.

(4) A statement the surveyor has fully complied with the provisions of this section in filing the same.

(c) Notice shall be given to the owners of record of lands in the plat, the applicant, abutters and the public according to the procedures set forth in RSA 676:4, I(d) and notice shall also be given, in the same manner as provided for in RSA 676:4, I(d), to each person holding a mortgage on such property and to the person to whom property taxes are assessed if other than the owner in order that such persons shall have the opportunity to examine the map, view the temporary monuments, and make known any disagreement with the boundaries as shown by the temporary monuments. For the purposes of this section, the names and addresses of all persons to be notified shall be those as indicated in the county registry of deeds not more than 5 days before the day of filing of the application with the planning board.

III.(a) Such plat, when approved by the planning board, shall be recorded in the registry of deeds pursuant to the requirements of RSA 674:37 and shall be recorded within 30 days of submission to and acceptance by the planning board, as specified in section 3 of this act. The approval and subsequent recording of any such plat shall in no way extinguish, exhaust or vacate any liens, mortgages or encumbrances on any land contained within the area of the plat and any such liens, mortgages or encumbrances shall continue to run with the land as shown on the plat as recorded in the registry of deeds.

(b) Reference to any land, as it appears on a recorded plat, is deemed sufficient for purposes of title and taxation. Conveyance may be made by reference to such plat and shall be as effective to pass title to the land so described as it would be if the same premises had been described by metes and bounds. Such plat or record of such plat shall be received in evidence in all courts and places as correctly describing the several parcels of land therein designated.

(c) Amendments or corrections to a plat may be made at any time by application to the planning board by the governing body as outlined in section 2 of this act.

(d) Any persons aggrieved by any decision of the planning board regarding approval of a plat may appeal such decision pursuant to RSA 677:15.

(e) A copy of this act shall be recorded in the registry of deeds along with the final plat.

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.

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

Sen. Trombly, Dist. 7 Rep. K. Herman, Hills. 13

Sen. Disnard, Dist. 8 Rep. S. Francoeur, Rock. 22

Sen. Roberge, Dist. 9 Rep. McGough, Hills. 18

Rep. Taylor, Straf. 11

1999-1918-CofC

AMENDED ANALYSIS

This bill establishes a procedure for the division of units within condominium complexes and creates a committee to study all aspects of the Condominium Act established under RSA 356-B.

Senator Trombly moved adoption.

1999-1921-CofC

04/09

Committee of Conference Report on HB 265, an act relative to the student trustees on the University System of New Hampshire board of trustees.

Recommendation:

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

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

Amend the bill by replacing section 16 with the following:

16 Town of Springfield; Kindergarten Program; Per Pupil Reimbursement Amended. Amend 1999, 65:9, III to read as follows:

III. If the town of Springfield continues to maintain, at public expense, a kindergarten program established prior to school year 1998-1999, it shall receive reimbursement for [fiscal year 2000 and each fiscal year thereafter at the rate of $750 per pupil] each pupil for fiscal year 1999 and each fiscal year thereafter at the rate of ½ the average base cost per pupil of an elementary school pupil as determined in accordance with RSA 198:40 and 198:41.

Amend the bill by replacing section 17 with the following:

17 Kindergarten Programs; Transfer to Education Trust Fund. Notwithstanding RSA 9:13-e, any undesignated general fund surplus up to the sum of $1,700,000 for the biennium ending June 30, 1999 shall be transferred to the education trust fund established in RSA 198:39 for the purposes of sections 15 and 16 of this act.

The signatures below attest to the authenticity of this Report on, an act

Sen. McCarley, Dist. 6 Rep. Chandler, Carr. 1

Sen. Gordon, Dist. 2 Rep. Hess, Merr. 11

Sen. D’Allesandro, Dist. 20 Rep. Kurk, Hills. 5

Rep. Snyder, Straf. 14

Senator McCarley moved adoption.

1999-1940-CofC

08/09

Committee of Conference Report on HB 291, an act establishing a study committee for seed sterilization technology or "terminator" technology.

Recommendation:

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

That the Senate recede from its position in adopting its amendment to the bill, and

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

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

1 Committee Established. There is established a 3-year study committee to examine the threat to bio-diversity as a result of the sterility trait flowing via pollen from "terminator" crops to surrounding plants, rendering them sterile.

2 Membership and Compensation.

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

(a) Four members of the house of representatives, appointed by the speaker of the house, including 2 members of the house environment and agriculture committee, one member of the house science, technology and energy committee, and one member of the house commerce committee.

(b) Three members of the senate, appointed by the president of the senate, including 2 members of the senate environment committee and one member of the senate economic development committee.

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

3 Duties. The committee shall study the threat to bio-diversity as a result of the sterility trait flowing via pollen from "terminator" crops to surrounding plants, rendering them sterile. The committee shall determine the value of legislation that would regulate this technology to protect both agriculture and our wild species of plants.

4 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. Four members of the committee shall constitute a quorum.

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

6 Report by Commissioner of Agriculture, Markets, and Food. The commissioner of agriculture, markets, and food 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 the years 1999, 2000, 2001, and 2002.

7 Repeal. Sections 1-6 of this act, relative to a 3-year study committee to examine the threat to bio-diversity as a result of the sterility trait flowing via pollen from "terminator" crops to surrounding plants, is repealed.

8 Effective Date.

I. Section 7 of this act shall take effect November 1, 2002.

II. The remainder of this act shall take effect upon its passage.

The signatures below attest to the authenticity of this Report on HB 291, an act establishing a study committee for seed sterilization technology or "terminator" technology.

Sen. Cohen, Dist. 24 Rep. Babson, Carr. 5

Sen. Wheeler, Dist. 21 Rep. Chandler, Carr. 1

Sen. Russman, Dist. 19 Rep. Harmon, Graf. 8

Rep. Melcher, Hills. 11

1999-1940-CofC

AMENDED ANALYSIS

Senator Cohen moved adoption.

1999-1920-CofC

01/09

Committee of Conference Report on HB 333, an act relative to contracts between participating providers and managed care entities.

Recommendation:

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

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 333, an act relative to contracts between participating providers and managed care entities.

Sen. Wheeler, Dist. 21 Rep. K. Herman, Hills. 13

Sen. McCarley, Dist. 6 Rep. Hunt, Ches. 10

Sen. J. King, Dist. 18 Rep. Francoeur, Rock. 22

Rep. Taylor, Straf. 11

Senator Wheeler moved adoption.

1999-1933-CofC

04/09

Committee of Conference Report on HB 341, an act relative to the process for nonrenewal of teacher contracts.

Recommendation:

having considered the same, report the committee is unable to reach agreement.

The signatures below attest to the authenticity of this Report on HB 341, an act relative to the process for nonrenewal of teacher contracts.

Sen. McCarley, Dist. 6 Rep. O’Hearn, Hills. 26

Sen. Hollingworth, Dist. 23 Rep. Alger, Graf. 9

Sen. J. King, Dist. 18 Rep. Henderson, Rock. 20

Rep. Snyder, Straf. 14

Senator McCarley moved adoption.

1999-1926-CofC

01/09

Committee of Conference Report on HB 369, an act establishing a committee on educational programs on tobacco use for minors.

Recommendation:

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

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

Amend the bill by replacing section 6 with the following:

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

The signatures below attest to the authenticity of this Report on, an act

Sen. Wheeler, Dist. 21 Rep. McGough, Hills. 18

Sen. McCarley, Dist. 6 Rep. K. Herman, Hills. 13

Sen. Johnson, Dist. 3 Rep. Francoeur, Rock. 22

Rep. Garrish, Hills. 37

Senator Wheeler moved adoption.

1999-1910-CofC

01/09

Committee of Conference Report on HB 408, an act relative to drug formularies under managed care entities.

Recommendation:

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

That the Senate recede from its position in adopting its amendment to the bill, and

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

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.

The signatures below attest to the authenticity of this Report on, an act

Sen. Wheeler, Dist. 21 Rep. K. Herman, Hills. 13

Sen. Squires, Dist. 12 Rep. Francoeur, Rock. 22

Sen. Roberge, Dist. 9 Rep. Dalianis, Hills 35

Rep. Taylor, Straf. 11

Senator Wheeler moved adoption.

1999-1875-CofC

04/09

Committee of Conference Report on HB 428, an act relative to school administrative units.

Recommendation:

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

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

Amend RSA 194-C:2, IV (b) (4) as inserted by section 3 of the bill by replacing it with the following:

(4) Any plan for organization, reorganization, or withdrawal from a school administrative unit shall be prepared in accordance with RSA 194-C:2, III, and shall be submitted to the state board pursuant to RSA 194-C:2, VI. The plan shall be submitted to the voters in accordance with RSA 194-C:2, VII or 194-C:2, VIII. If the voters fail to vote in the affirmative by the 3/5 vote required, the school district shall not offer another warrant article seeking to create a planning committee for a period of 2 years after the date of the final vote by the district.

The signatures below attest to the authenticity of this Report on HB 428, an act relative to school administrative units.

Sen. Disnard, Dist. 8 Rep. McKinley, Straf. 2

Sen. Johnson, Dist. 3 Rep. Ward, Graf. 1

Sen. J. King, Dist. 18 Rep. Larrabee, Merr. 9

Rep. C. Jean, Hills. 32

Senator Disnard moved adoption.

1999-1912-CofC

08/09

Committee of Conference Report on HB 463-LOCAL, an act relative to local regulation of junk yards and altering the definition of federal aid primary system for purposes of the laws regarding highway regulations, protection and control regulations.

Recommendation:

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

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on, an act

Sen. Russman, Dist. 19 Rep. Calawa, Hills. 17

Sen. Pignatelli, Dist. 13 Rep. Leber, Merr. 1

Sen. Below, Dist. 5 Rep. McCarty, Hills. 38

Rep. Bouchard, Merr. 22

Senator Russman moved adoption.

1999-1899-CofC

05/10

Committee of Conference Report on HB 491, an act requiring the department of safety to conduct all qualifying examinations of individuals seeking driver’s licenses.

Recommendation:

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

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

Amend the bill by replacing section 4 with the following:

4 Behind the Wheel Training Requirements Increased. Amend RSA 263:19 to read as follows:

263:19 Driver Education.

I. A driver's license may be issued subject to the provisions of this chapter to a person under the age of 18 years who has attained his sixteenth birthday, if such person shall present a certificate of successful completion of a driver education course given by a public or nonpublic secondary school and approved by the department of education in cooperation with the department of safety or given by a motor vehicle driver's school licensed under the provisions of this chapter. An approved driver education course, whether conducted by a secondary school or by a school licensed under this chapter, shall consist of both classroom instruction and behind the wheel driver training of not less than 10 hours, in accordance with rules adopted pursuant to RSA 541-A, published jointly by the commissioner of education and the commissioner of safety, such standards to be not less than those presently required.

II. To qualify for a driver’s license under this section, a person under the age of 18 shall also certify the completion of 20 hours of additional supervised driving time under the supervision of a licensed parent or guardian, or, if there is no licensed parent or guardian, under the supervision of a licensed adult over the age of 25. The commissioner shall adopt rules relative to the method of certification.

The signatures below attest to the authenticity of this Report on HB 491, an act requiring the department of safety to conduct all qualifying examinations of individuals seeking driver’s licenses.

Sen. Gordon, Dist. 2 Rep. Packard, Rock. 29

Sen. Trombly, Dist. 7 Rep. Letourneau, Rock. 13

Sen. Roberge, Dist. 9 Rep. LaPorte, Hills. 39

Rep. Gleason, Rock. 13

1999-1899-CofC

AMENDED ANALYSIS

Senator Gordon moved adoption.

1999-1914-CofC

08/09

Committee of Conference Report on HB 562, an act relative to the date of decision for appeals of zoning matters.

Recommendation:

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

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

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

1 Committee Established. There is established a committee to study the date of decision for appeals of zoning matters.

2 Membership and Compensation.

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

(a) Four members of the house of representatives, appointed by the speaker of the house.

(b) Four 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.

3 Duties. The committee shall study the date of decision for appeals of zoning matters.

4 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. Four members of the committee shall constitute a quorum.

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

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

The signatures below attest to the authenticity of this Report on, an act

Sen. Trombly, Dist. 7 Rep. Hess, Merr. 11

Sen. Wheeler, Dist. 21 Rep. Lockwood, Merr. 9

Sen. Roberge, Dist. 9 Rep. Foster, Hills. 10

Rep. Simon, Hills. 40

Senator Trombly moved adoption.

1999-1934-CofC

08/10

Committee of Conference Report on HB 563, an act relative to names of limited liability partnerships and companies and cooperative associations.

Recommendation:

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

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Sen. Klemm, Dist. 22 Rep. Hunt, Ches. 10

Sen. Wheeler, Dist. 21 Rep. K. Herman, Hills. 13

Sen. Fraser, Dist. 4 Rep. S. Francoeur, Rock. 22

Rep. Taylor, Straf. 11

Senator Klemm moved adoption.

1999-1943-CofC

05/01

Committee of Conference Report on HB 584-FN, an act relative to administrative license suspensions.

Recommendation:

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

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

Amend the bill by replacing section 5 with the following:

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

The signatures below attest to the authenticity of this Report on, an act

Sen. Gordon, Dist. 2 Rep. Christie, Rock. 22

Sen. Pignatelli, Dist. 13 Rep. Lozeau, Hills. 30

Sen. McCarley, Dist. 6 Rep. Weare, Rock. 21

Rep. Knowles, Straf. 11

Senator Gordon moved adoption.

1999-1930-CofC

05/09

Committee of Conference Report on HB 616-FN-A, an act establishing a house study committee to consider issues related to the driver training fund.

Recommendation:

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

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

Amend paragraph I as inserted by section 2 of the bill by replacing it with the following:

I. The membership of the committee shall consist of 3 house members, appointed by the speaker of the house.

The signatures below attest to the authenticity of this Report on, an act establishing a house study committee to consider issues related to the driver training fund.

Sen. Gordon, Dist. 2 Rep. Packard, Rock. 29

Sen. Pignatelli, Dist. 13 Rep. Kurk, Hills. 5

Sen. McCarley, Dist. 6 Rep. Letourneau, Rock. 13

Rep. Buckley, Hills. 44

Senator Gordon moved adoption.

1999-1870-CofC

08/09

Committee of Conference Report on HB 664, an act establishing a study committee on rights of ownership to cemetery plots.

Recommendation:

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

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

Amend the bill by replacing section 4 with the following:

4 Chairperson; Proceedings. 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. A majority of the committee shall vote on any findings and recommendations.

The signatures below attest to the authenticity of this Report on, an act establishing a study committee on rights of ownership to cemetery plots.

Sen. Trombly, Dist. 7 Rep. Patten, Carr. 9

Sen. Disnard, Dist. 8 Rep. Griffin, Rock. 27

Sen. Roberge, Dist. 9 Rep. Zerba, Ches. 17

Rep. Rice, Belk. 7

Senator Trombly moved adoption.

1999-1941-CofC

05/01

Committee of Conference Report on HB 676, an act increasing fees for motor vehicle inspection stickers and establishing motor vehicle inspector positions and making an appropriation therefor.

Recommendation:

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

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Sen. Gordon, Dist. 2 Rep. Packard, Rock. 29

Sen. Pignatelli, Dist. 13 Rep. Bradley, Carr. 8

Sen. McCarley, Dist. 6 Rep. Letourneau, Rock. 13

Rep. Konys, Hills. 33

Senator Gordon moved adoption.

1999-1925-CofC

09/01

Committee of Conference Report on HB 684, an act making adjustments to the fiscal year 1999 budget for the department of health and human services.

Recommendation:

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

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

Amend the bill by replacing section 13 with the following:

13 Computation of Tax Increments; Current Assessed Value. Amend RSA 162-K:10, III to read as follows:

III.(a) Each subsequent year the assessors shall determine current assessed valuation, and tax increments and shall report them to the commissioner of the department of revenue administration according to the following method:

(1) If the municipality retains the full excess captured assessed value for the development district the assessors shall certify to the commissioner of revenue administration, for the purposes of the report required by RSA 41:15, [no more than the original assessed value of the real property in the development district] the current assessed value, as the basis to equalize annually the valuation of property throughout the state, and the full excess captured assessed value, to be deducted from the current assessed valuation for the calculation of the property tax rate. The assessors shall extend all rates as established by the commissioner of revenue administration under the provisions of RSA 41:15 against the current assessed value, including all captured assessed value. In each year for which the current assessed value exceeds the original assessed value, the municipal tax collector shall remit to the municipality that proportion of all taxes paid that year on real property in the district which the captured assessed value bears to the total current assessed value. The amount so remitted each year is referred to in this section as the tax increment for that year.

(2) If the municipality retains only a portion of the excess captured assessed value for the development district and returns the remaining portion to the tax lists, the assessors shall include [the original assessed value and that portion of the captured assessed value which is shared with all the affected taxing district for purposes of determining the assessed value for computing rates. The commissioner of revenue administration shall compute the rates of all taxes levied by the state, county, municipality, school district, and every other taxing district in which the district is located on this aforementioned assessed value] the current assessed value, to be used as a basis to equalize annually the valuation of property throughout the state, and that portion of the excess captured assessed value which the municipality does not retain, to be deducted from the current assessed valuation for the calculation of the property tax. The assessors shall extend all rates against the total current assessed value, including that portion of the captured assessed value which the municipality is retaining for the development district only. In each year for which the current assessed value exceeds the original assessed value, the municipal tax collector shall remit to the municipality that proportion of all taxes paid on real property in the district that the retained captured assessed value bears to the total current assessed value in the district. The amount so remitted each year is referred to as the tax increment.

(b) The general court finds that municipalities that have adopted a tax increment financing plan and issued tax increment financing plan bonds under this chapter before April 29, 1999, or which have adopted a tax increment financing plan and entered into contracts and incurred liabilities in reliance upon the tax increment plans under this chapter before April 29, 1999, have incurred obligations which must be honored. The general court recognizes also that in accordance with the intent of this chapter, such obligations were entered into in order to accomplish a public purpose and for the improvement of development in municipalities. Accordingly, the provisions of subparagraph III(a) shall not apply to tax increment financing plan districts which authorized and issued tax increment bonds under this chapter before April 29, 1999 or which adopted a tax increment financing plan under this chapter and entered into contracts and incurred financial liabilities in reliance upon such tax increment plan before April 29, 1999. This subparagraph shall only apply to tax development districts as they existed as of April 29, 1999. To the extent such tax increment financing plan is amended to increase the amount of bonded indebtedness, to increase the cost of the development program, or to extend the duration of the program’s existence, this subparagraph shall not apply.

(c) In any year in which the current assessed value of the development district is equal to or less than the original assessed value, the assessors shall compute and extend taxes against the current value. Taxes shall be distributed from the affected property to each of the taxing authorities as determined by the current levy and there is no tax increment.

The signatures below attest to the authenticity of this Report on, an act

Sen. McCarley, Dist. 6 Rep. Hess, Merr. 11

Sen. Hollingworth, Dist. 23 Rep. Henderson, Rock. 20

Sen. Johnson, Dist. 3 Rep. Whalley, Merr. 5

Rep. Konys, Hills. 33

Senator McCarley moved adoption.

1999-1873-CofC

03/01

Committee of Conference Report on HB 689-FN, an act establishing a committee to study campaign contributions and expenditures.

Recommendation:

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

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

Amend the bill by replacing section 4 with the following:

4 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. Four members of the committee shall constitute a quorum.

The signatures below attest to the authenticity of this Report on HB 689-FN, an act establishing a committee to study campaign contributions and expenditures.

Sen. McCarley, Dist. 6 Rep. Horton, Coos 3

Sen. Wheeler, Dist. 21 Rep. F. Davis, Merr. 12

Sen. Krueger, Dist. 16 Rep. Splaine, Rock. 34

Rep. Clegg, Hills. 23

Senator McCarley moved adoption.

1999-1949-CofC

09/10

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

Recommendation:

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

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

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

The signatures below attest to the authenticity of this Report on, an act

Sen. Larsen, Dist. 15 Rep. K. Herman, Hills. 13

Sen. Pignatelli, Dist. 13 Rep. Chandler, Carr. 1

Sen. Squires, Dist. 12 Rep. S. Francoeur, Rock. 22

Rep. Taylor, Straf. 11

1999-1949-CofC

AMENDED ANALYSIS

Senator Larsen moved adoption.

1999-1905-CofC

10/01

Committee of Conference Report on SB 47-FN, an act 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.

Recommendation:

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

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on SB 47-FN, an act 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.

Sen. Disnard, Dist. 8 Rep. Dyer, Hills. 8

Sen. Trombly, Dist. 7 Rep. Langer, Merr. 11

Sen. F. King, Dist. 1 Rep. Stickney, Rock. 26

Rep. Reidy, Hills. 46

Senator Disnard moved adoption.

1999-1869-CofC

08/10

Committee of Conference Report on SB 70, an act changing the safe drinking water standard for MTBE.

Recommendation:

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

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

Amend the bill by replacing paragraph V(c) of section 1 with the following:

(c) The department of environmental services in consultation with the department of health and human services adopt primary and secondary drinking water standards and ambient groundwater quality standards designed to protect the public health. The general court urges the department of environmental services as part of their review on MTBE to examine the scientific record that led California to adopt a public health goal of 13 parts per billion for MTBE for drinking water and to adopt a secondary drinking water standard of 5 parts per billion for MTBE.

Amend the bill by replacing section 2 with the following:

2 New Subdivision; Methyl Tertiary Butyl Ether (MTBE). Amend RSA 485 by inserting after section 16 the following new subdivision:

Methyl Tertiary Butyl Ether (MTBE)

485:16-a Drinking Water Standards and Notification.

I. The commissioner, in consultation with the commissioner of health and human services, shall adopt primary and secondary drinking water standards pursuant to RSA 485:3, and ambient groundwater quality standards pursuant to RSA 485-C:6, applicable to MTBE. The commissioner shall not commence rulemaking for these standards until after the department has reviewed the scientific record on the risks posed by the presence of MTBE in drinking water supplies. Such review shall be completed at the earliest possible date, but no later than January 1, 2000. The commissioner shall commence rulemaking no later than January 1, 2000.

II. Any public water system delivering water with greater than 5 parts per billion of MTBE shall notify each customer of the MTBE content.

485:16-b Authority to Limit MTBE in Gasoline; Penalties.

I. The commissioner shall seek all necessary waivers from the Environmental Protection Agency such that conventional gasoline, or some other substitute gasoline that is readily available and reasonably priced, may immediately replace reformulated gasoline in Strafford, Rockingham, Hillsborough, and Merrimack counties. The waivers shall expire on January 1, 2002. The temporary waivers shall not be predicated upon the state implementing substitute air emissions reduction strategies in order to comply with the state implementation plan.

II. In addition to the authority to seek waivers under paragraph I, the commissioner, after consultation with the commissioner of health and human services, may limit, with the approval of the governor and council, the concentration of MTBE allowed in any gasoline sold in all or part of the state after first holding a public hearing on the issue and certifying to the air pollution advisory committee established in RSA 125-J:11 that gasolines which meet such limit are:

(a) Readily available to New Hampshire consumers at a reasonable price;

(b) Less hazardous overall to humans and the environment than gasoline having higher MTBE concentrations taking into account all exposure routes, including air and water; and

(c) Approved for use in New Hampshire by the Environmental Protection Agency without a requirement to substitute additional air emissions reductions.

V. The limitations on MTBE concentrations established under the provisions of this section shall be exempt from the requirements of RSA 541-A, the administrative procedure act. The department shall file, however, in the office of legislative services a copy of all rules adopted, amended, or repealed under this section by the department.

Amend the bill by replacing section 3 with the following:

3 New Subparagraph; Proceedings in Special Cases; Administrative Procedure Act; Exceptions; Limits on Methyl Tertiary Butyl Ether. Amend RSA 541-A:21, I by inserting after subparagraph (u) the following new subparagraph:

(v) RSA 485:16-b, II relative to limits on the concentration of methyl tertiary butyl ether in gasoline.

The signatures below attest to the authenticity of this Report on SB 70, an act changing the safe drinking water standard for MTBE.

Sen. Wheeler, Dist. 21 Rep. Bradley, Carr. 8

Sen. Cohen, Dist. 24 Rep. Norelli, Rock. 31

Sen. Russman, Dist. 19 Rep. Maxfield, Merr. 9

Rep. Densmore, Graf. 3

1999-1869-CofC

AMENDED ANALYSIS

II. Authorizes the commissioner to limit the concentration of MTBE allowed in gasoline.

III. Requires that public water systems delivering water with a certain concentration of MTBE notify each customer of the MTBE content.

IV. Requires that the commissioner seek waivers from the Environmental Protection Agency so that reformulated gasoline may be replaced in Strafford, Rockingham, Hillsborough, and Merrimack counties.

Senator Wheeler moved adoption.

1999-1892-CofC

08/09

Committee of Conference Report on SB 101, an act relative to landlord-tenant obligations.

Recommendation:

having considered the same, report the committee is unable to reach agreement.

The signatures below attest to the authenticity of this Report on SB 101, an act relative to landlord-tenant obligation.

Sen. Trombly, Dist. 7 Rep. Bergin, Hills. 16

Sen. Disnard, Dist. 8 Rep. Woods, Straf. 11

Sen. Russman, Dist. 19 Rep. J. Wall, Straf. 9

Rep. Craig, Hills. 38

Senator Trombly moved adoption.

1999-1942-CofC

05/01

Committee of Conference Report on SB 158-FN, an act relative to indecent exposure.

Recommendation:

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

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on SB 158-FN, an act relative to indecent exposure.

Sen. Pignatelli, Dist. 13 Rep. Christie, Rock. 22

Sen. J. King, Dist. 18 Rep. Welch, Rock. 18

Sen. Gordon, Dist. 2 Rep. Weare, Rock. 21

Rep. Knowles, Straf. 11

Senator Pignatelli moved adoption.

1999-1897-CofC

05/01

Committee of Conference Report on SB 124, an act establishing a committee to study the integration of technology at the state and municipal level.

Recommendation:

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

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

Amend the bill by replacing paragraph I of section 2 with the following:

2 Membership and Compensation.

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

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

(b) Five members of the house of representatives, at least one of whom shall be a member of the municipal and county government committee, at least one of whom shall be a member of the science, technology and energy committee, and at least one of whom shall be a member of the election law committee, appointed by the speaker of the house.

Amend the bill by replacing section 3 with the following:

3 Duties. The committee shall investigate specific measures which would promote the integration of technology at the state, county, and municipal levels for the mutual benefit of all entities and the citizens of the state of New Hampshire. Among the issues included in its study shall be the identification and integration of technology necessary to develop a statewide voter registration database. In conducting its research, the committee shall seek input from the department of administrative services, division of information technology management, in terms of specific technology applications that the state of New Hampshire is deploying or desires to deploy at the county and/or local level and the New Hampshire Association of Counties and the New Hampshire Municipal Association for their perspective on municipal technology needs. In addition, the committee shall seek the input from the oversight committee on telecommunications, which is considering the feasibility and cost-effectiveness of installing certain high-speed telecommunications lines.

The signatures below attest to the authenticity of this Report on, an act

Sen. D’Allesandro, Dist. 20 Rep. Lynde, Hills. 24

Sen. McCarley, Dist. 6 Rep. Guay, Coos 6

Sen. Klemm, Dist. 22 Rep. Maxfield, Merr. 9

Rep. Bergeron, Hills. 32

Senator D'Allesandro moved adoption.

1999-1907-CofC

01/09

Committee of Conference Report on SB 183-FN-A, an act establishing a New Hampshire health access corporation and continually appropriating a special fund and making an appropriation therefor, requiring the department of health and human services to make a biennial report on the health status of New Hampshire residents, relative to certain transfers to the health care fund, and relative to rates for pharmaceutical services.

Recommendation:

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

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

Amend subparagraph I(e) as inserted by section 6 of the bill by replacing it with the following:

(e) One member appointed by the New Hampshire HMO Association.

The signatures below attest to the authenticity of this Report on, an act

Sen. Squires, Dist. 12 Rep. Hunt, Ches. 10

Sen. Fernald, Dist. 11 Rep. K. Herman, Hills. 13

Sen. Pignatelli, Dist. 13 Rep. Dalianis, Hills. 35

Rep. Taylor, Straf. 11

Senator Squires moved adoption.

1999-1777-CofC

04/09

Committee of Conference Report on SB 204, an act establishing the New Hampshire excellence in higher education endowment trust fund.

Recommendation:

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

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

Amend RSA 6:40, VI as inserted by section 1 of the bill by replacing it with the following:

VI. Requiring disclosure regarding any administrative fees, or portion thereof, which are or may be returned to the trust fund.

Amend the bill by replacing section 4 with the following:

4 Effective Date. This act shall take effect 90 days after its passage.

The signatures below attest to the authenticity of this Report on SB 204, an act establishing the New Hampshire excellence in higher education endowment trust fund.

Sen. Larsen, Dist. 15 Rep. Hoadley, Merr. 24

Sen. Gordon, Dist. 2 Rep. Alger, Graf. 9

Sen. Cohen, Dist. 24 Rep. P. Davis, Coos 1

Rep. Snyder, Straf. 14

Senator Larsen moved adoption.

1999-1908-CofC

01/09

Committee of Conference Report on SB 214-FN, an act relative to ambulatory surgical facilities and establishing a committee to study the health services planning and review board.

Recommendation:

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

That the House recede from its position in adopting its amendment to the bill, and

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

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

1 Members of the Board. Amend RSA 151-C:3, I(a)(2)(B) and (c) to read as follows:

(B) [Three] Four consumers, each from a different region of the state. For the purposes of this subparagraph "consumer" means an individual whose occupation is not in the delivery of health care services, who has no fiduciary obligation or financial interest in any health care facility or health care insurer licensed or regulated by this state, and who is not related in their immediate family to anyone who is involved in the delivery of health care services or health insurance.

(C) [Two] Three providers whose occupation is in the delivery of health care services regulated by the board. One of these providers shall be nominated by the New Hampshire Hospital Association. The [other] second provider shall be nominated by the New Hampshire Health Care Association. The third provider shall be nominated by the New Hampshire Ambulatory Surgery Association.

2 Terms. Amend RSA 151-C:3, I(b) to read as follows:

(b) The commissioner of the department of health and human services or designee shall serve as the only permanent member of the board. All other members of the board shall serve [only for one] 3-year [term] terms, provided that of the initial members, the representative of health care insurers and one consumer shall serve for one year, one consumer and one provider shall serve for 2 years and one consumer and one provider shall serve for 3 years. Members of the board shall not serve more than 2 full consecutive terms.

3 Staff; Meetings. Amend RSA 151-C:3, VII to read as follows:

VII.(a) The commissioner of the department of health and human services shall provide staff to support the work of the board and shall appoint, from among the staff, a person to serve as staff director who shall oversee the staff and act as liaison between the commissioner and the board. The staff director shall also testify at public hearings to defend staff analyses and recommendations to the board. The commissioner shall also provide space for the board and staff and other assistance and materials as necessary; provided, that all meetings of the board shall take place on government property owned or leased by the state of New Hampshire. Notwithstanding this paragraph or any other provision of law to the contrary, the staff members shall report to the board.

(b) The staff director shall account to the commissioner of the department of health and human services for the administration of funds allocated under this chapter, for the conduct of the staff, and shall timely and appropriately execute his or her duties.

4 Ambulatory Surgical Facility; Definition. Amend RSA 151-C:2, I to read as follows:

I. "Ambulatory surgical facility" means a health care facility [which is not physically attached to a health care facility and] or a portion of a health care facility which provides surgical treatment to patients not requiring hospitalization, and does not include the offices of private physicians or dentists, whether in individual or group practices.

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

The signatures below attest to the authenticity of this Report on SB 214-FN, an act relative to ambulatory surgical facilities and establishing a committee to study the health services planning and review board.

Sen. Wheeler, Dist. 21 Rep. Batula, Hills. 18

Sen. Fernald, Dist. 11 Rep. Pilliod, Belk. 3

Sen. Gordon, Dist. 2 Rep. Wendelboe, Belk. 2

Rep. Donovan, Sull. 11

1999-1908-CofC

AMENDED ANALYSIS

This bill requires the health services planning and review board to meet on government property owned by the state of New Hampshire. The bill also provides that members of the health services planning and review board shall not serve more than 2 full consecutive terms.

Senator Wheeler moved adoption.

1999-1916-CofC

10/09

Committee of Conference Report on SB 224, an act relative to stenographic records and availability of transcripts of adjudicative hearings before licensing boards.

Recommendation:

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

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

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

1 Emergency Action Against Licensees; Certified Shorthand Court Reporter Added. Amend RSA 541-A:30, III to read as follows:

III. If the agency finds that public health, safety or welfare requires emergency action and incorporates a finding to that effect in its order, immediate suspension of a license may be ordered pending an adjudicative proceeding. The agency shall commence this adjudicative proceeding not later than 10 working days after the date of the agency order suspending the license. A record of the proceeding shall be made by a certified shorthand court reporter provided by the agency. Unless expressly waived by the licensee, agency failure to commence an adjudicative proceeding within 10 working days shall mean that the suspension order is automatically vacated. The agency shall not again suspend the license for the same conduct which formed the basis of the vacated suspension without granting the licensee prior notice and an opportunity for an adjudicative proceeding.

2 New Subparagraphs; Contested Cases in Adjudicative Proceedings; Notice Requirements. Amend RSA 541-A:31, III by inserting after subparagraph (d) the following new subparagraphs:

(e) A statement that each party has the right to have an attorney present to represent the party at the party’s expense.

(f) For proceedings before an agency responsible for occupational licensing as provided in paragraph VII-a, a statement that each party has the right to have the agency provide a certified shorthand court reporter at the party’s expense and that any such request be submitted in writing at least 10 days prior to the proceeding.

3 Contested Cases; Record of Oral Proceedings. Amend RSA 541-A:31, VII to read as follows:

VII. The entirety of all oral proceedings shall be recorded verbatim by the agency. Upon the request of any party or upon the agency's own initiative, such record shall be transcribed by the agency if the requesting party or agency shall [first] pay all reasonable costs for such transcription. If a transcript is not provided within 60 days of a request by a person who is a respondent party in a disciplinary hearing before an agency responsible for occupational licensing, the proceeding shall be dismissed with prejudice. Any party may record an oral proceeding, have a transcription made at the party’s expense, or both, but only the transcription made by the agency from its verbatim record shall be the official transcript of the proceeding.

4 New Paragraph; Occupational Licensing Proceeding; Certified Shorthand Court Record. Amend RSA 541-A:31 by inserting after paragraph VII the following new paragraph:

VII-a. At the request of a party in any oral proceeding involving disciplinary action before an agency responsible for occupational licensing except for an emergency action under RSA 541-A:30, III, the record of the proceeding shall be made by a certified shorthand court reporter provided by the agency at the requesting party’s expense. A request shall be submitted to the agency in writing at least 10 days prior to the day of the proceeding.

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

The signatures below attest to the authenticity of this Report on SB 224, an act relative to stenographic records and availability of transcripts of adjudicative hearings before licensing boards.

Sen. Gordon, Dist. 2 Rep. Goulet, Hills. 15

Sen. Pignatelli, Dist. 13 Rep. Millham, Belk. 4

Sen. Cohen, Dist. 24 Rep. Stickney, Rock. 26

Rep. Virtue, Merr. 9

1999-1916-CofC

AMENDED ANALYSIS

This bill adds notice requirements and provides that a stenographic record shall be made by a certified shorthand court reporter in an emergency action and in an agency adjudicative proceeding on occupational licensing upon the request of a party to the proceeding, and requires dismissal of a complaint if a transcript is not provided.

Senator Gordon moved adoption.

Senator D'Allesandro moved to have HB 75, changing the number required for a quorum on the commission for human rights, taken off the table.

HB 75, changing the number required for a quorum on the commission for human rights.

1999-1854-EBA

04/09

Enrolled Bill Amendment to SB 37-FN

The Committee on Enrolled Bills to which was referred SB 37-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 section 1 of the bill.

Amend RSA 436:115, II as inserted by section 1 of the bill by replacing lines 3 and 4 with the following:

(b) Any other fees necessary to carry out the testing.

(c) Any other matter necessary for the administration of this subdivision.

Senator Gordon moved adoption.

1999-1894-EBA

03/09

Enrolled Bill Amendment to SB 104

The Committee on Enrolled Bills to which was referred SB 104

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 corrects the amending language in a section of the bill.

Amend section 4 of the bill by replacing lines 1-2 with the following:

4 Preferred Provider Organizations Deleted. Amend RSA 420-E:2, I to read as follows:

Senator Gordon moved adoption.

The House of Representatives refuses to adopt the recommendation of the Committee of Conference to which was referred the following entitled Senate Bill:

SB 140, an act relative to ear and body piercing.

The Committee of Conference has been discharged and the House requests a new Committee of Conference.

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

SB 140, an act relative to ear and body piercing.

Senator Wheeler moved to accede to the request of a new Committee of Conference and moved to discharge the previous Committee of Conference.

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

1999-1935-CofC

05/09

Committee of Conference Report on HB 685-FN-A, an act relative to the duties of the New Hampshire land and community heritage commission.

Recommendation:

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

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on HB 685-FN-A, an act relative to the duties of the New Hampshire land and community heritage commission.

Sen. Larsen, Dist. 15 Rep. M. Whalley, Merr. 5

Sen. Hollingworth, Dist. 23 Rep. Kurk, Hills. 5

Sen. Russman, Dist. 19 Rep. Major, Rock. 16

Rep. Burling, Sull. 1

Senator Blaisdell moved adoption.

Senator F. King moved that the Rules of the Senate be so far suspended as to allow a committee report not previously advertised in the Senate Calendar.

HB 294-FFN-L, relative to state aid to municipalities for closure of certain municipal incinerators and establishing a 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. Finance Committee. Ought to pass.

Senator F. King moved to have HB 294-FFN-L, relative to state aid to municipalities for closure of certain municipal incinerators and establishing a 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, laid on the table.

HB 294-FFN-L, relative to state aid to municipalities for closure of certain municipal incinerators and establishing a 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.

1999-1960-CofC

01/09

Committee of Conference Report on SB 140, an act relative to ear and body piercing.

Recommendation:

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

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

Amend the bill by replacing section 1 with the following:

1 New Chapter; Ear Piercing. Amend RSA by inserting after chapter 141-H the following new chapter:

CHAPTER 141-I

EAR PIERCING

The signatures below attest to the authenticity of this Report on SB 140, an act relative to ear and body piercing.

Sen. Wheeler, Dist. 21 Rep. Dalrymple, Rock. 26

Sen. Squires, Dist. 12 Rep. Manning, Ches. 9

Sen. McCarley, Dist. 6 Rep. Seldin, Merr. 17

Rep. Batula, Hills. 18

1999-1960-CofC

AMENDED ANALYSIS

Senator Wheeler moved adoption.

Senator Roberge having voted on the prevailing side moved reconsideration on HB 661-L, relative to the scope of abatement appeals, whereby we voted it inexpedient to legislate.

1999-1891-EBA

08/09

Enrolled Bill Amendment to SB 99

The Committee on Enrolled Bills to which was referred SB 99

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 corrects a typographical error in section 1 of the bill.

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

Less and Loans of More Than $1,500 Eliminated. Amend RSA 399-A:3, I to read as follows:

Senator Gordon moved adoption.

1999-1887-EBA

08/09

Enrolled Bill Amendment to SB 192

The Committee on Enrolled Bills to which was referred SB 192

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 inserts a missing word.

Amend RSA 126:15, II as inserted by section 1 of the bill by replacing line 3 with the following:

established under RSA 126:31 and shall retain the remaining $4 as [his] the clerk’s fee for issuing

Senator Gordon moved adoption.

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

HB 25-FN-A, making appropriations for capital improvements.

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

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

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

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

The House of Representatives has refused to adopt the recommendation of the Committee of Conference to which was referred the following entitled House Bill:

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

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

HB 265, an act relative to the students trustees on the University System of New Hampshire board of trustees.

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

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

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

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

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

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

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

HB 341, an act relative to the process for nonrenewal of teacher contracts.

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

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

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

HB 408, an act relative to drug formularies under managed care entities.

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

HB 428, an act relative to school administrative units.

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

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

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

HB 491, an act requiring the department of safety to conduct all qualifying examinations of individuals seeking driver's licenses.

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

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

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

HB 563, an act relative to names of limited liability partnerships and companies and cooperative associations.

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

HB 584-FN, an act relative to administrative license suspensions.

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

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

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

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

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

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

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

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

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

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

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

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

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

SB 47-FN, an act 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.

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

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

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

SB 101, an act relative to landlord-tenant obligations.

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

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

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

SB 140, an act relative to ear and body piercing.

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

SB 158-FN, an act relative to indecent exposure.

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

SB 183-FN-A, an act establishing a New Hampshire health access corporation and continually appropriating a special fund and making an appropriation therefor, requiring the department of health and human services to make a biennial report on the health care status of New Hampshire residents, relative to certain transfers to the health care fund, and relative to rates for pharmaceutical services.

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

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

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

SB 214-FN, an act relative to ambulatory surgical facilities and establishing a committee to study the health services planning and review board.

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 sole purpose of House Messages, introduction of bills, referring bills to committee, scheduling of hearings, holding hearings, Enrolled Bills Reports and amendments and that when we adjourn we adjourn to the Call of the Chair.

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

HB 464, relative to electric reduction financing.

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

HB 653, increasing the personal needs allowance of nursing home residents and residents of residential care facilities and community residences and making an appropriation therefor.

HB 709, relative to the railroad tax.

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

1999-1967-EBA

08/10

Enrolled Bill Amendment to HB 112-FN-A

The Committee on Enrolled Bills to which was referred HB 112-FN-A

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 corrects the title to reflect its contents.

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

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 112, increasing the tobacco tax and dedicating a portion of tobacco settlement funds to a tobacco use prevention fund.

Senator D'Allesandro moved adoption.

July 1, 1999

1999-1963-EBA

08/01

Enrolled Bill Amendment to SB 27

The Committee on Enrolled Bills to which was referred SB 27

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 typographical correction in section 1 of the bill.

Amend RSA 383:11, II(a)(7) as inserted by section 1 of the bill by replacing line 1 with the following:

Senator Trombly moved adoption.

July 2, 1999

1999-1966-EBA

08/09

Enrolled Bill Amendment to SB 177

The Committee on Enrolled Bills to which was referred SB 177

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 adds a reference in section 2 of the bill, and inserts a contingency which combines the provisions of this bill and SB 58, if SB 58 becomes law.

Amend RSA 415:18-a, III(a) as inserted by section 2 of the bill by replacing line 8 with the following:

practitioners, licensed marriage and family therapists, or licensed clinical social workers shall be substantially the same as the ratio of the

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

5 Accident and Health Insurance; Licensed Marriage and Family Therapists. Amend RSA 415:18-a, I to read as follows:

I. Each insurer that issues or renews any policy of group or blanket accident or health insurance providing benefits for medical or hospital expenses, shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state and whose principal place of employment is in this state, coverage for expenses arising from the treatment of mental illnesses and emotional disorders which, in the professional judgment of psychiatrists, licensed psychologists, licensed pastoral psychotherapists, psychiatric/mental health advanced registered nurse practitioners, licensed clinical mental health counselors, licensed marriage and family therapists, and licensed clinical social workers, are subject to significant improvement through short-term therapy, and benefits for expenses arising from diagnosis and evaluation of all other mental illnesses and emotional disorders. Such benefits shall be at least as favorable to the certificate holder as the minimum benefits specified in paragraphs II, III and IV.

6 Accident and Health Insurance; Marriage and Family Therapists. Amend RSA 415:18-a, III(a) to read as follows:

(a) Benefits for services of a psychiatrist, licensed psychologist, licensed pastoral psychotherapist, psychiatric/mental health advanced registered nurse practitioner, licensed clinical mental health counselors, licensed marriage and family therapist, or licensed clinical social worker who customarily bills patients directly shall be subject to terms and conditions at least as favorable as those which apply to the benefits for the services of physicians for other illnesses, and the ratio of the benefits to the fees reasonably and customarily charged for the services of such psychiatrists, licensed psychologists, licensed pastoral psychotherapists, psychiatric/mental health advanced registered nurse practitioners, licensed clinical mental health counselors, licensed marriage and family therapists, or licensed clinical social workers shall be substantially the same as the ratio of the benefits for services of physicians for other illnesses to the fees reasonably and customarily charged for the services of such physicians for other illnesses.

7 Accident and Health Insurance; Marriage and Family Therapists. Amend RSA 415:18-a, IV to read as follows:

IV. In the case of policies or certificates providing benefits for hospital and medical expenses on a major medical basis, benefits shall be subject to deductibles and coinsurance at least as favorable as those which apply to the benefits for any other illness, provided that benefits payable for expenses incurred in any consecutive 12-month period may be limited to an amount not less than $3,000 per covered individual, and to a lifetime maximum of not less than $10,000 per covered individual. In this paragraph, covered major medical expenses include the reasonable charges for services and treatment on an inpatient, outpatient or partial hospitalization basis by a psychiatrist, a licensed psychologist, a licensed pastoral psychotherapist, a psychiatric/mental health advanced registered nurse practitioner, a licensed clinical mental health counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed general hospital, a public or licensed mental hospital, or a community mental health center or psychiatric residential program approved according to rules adopted by the commissioner of the department of health and human services.

8 New Subparagraph; Definitions; Licensed Marriage and Family Therapist. Amend RSA 415:18-a, V by inserting after subparagraph (f) the following new subparagraph:

(g) "Licensed marriage and family therapist" means an individual who is licensed as a marriage and family therapist under RSA 330-A:21.

9 Contingency. If SB 58 of the 1999 legislative session becomes law, section 1-4 of this act shall not take effect and sections 5-8 of this act shall take effect January 1, 2000 at 12:01 a.m. If SB 58 does not become law, sections 1-4 of this act shall take effect January 1, 2000 and sections 5-8 of this act shall not take effect.

10 Effective Date.

I. Sections 1-8 of this act shall take effect as provided in section 9 of this act.

II. Section 9 of this act shall take effect upon its passage.

Senator Trombly moved adoption.

July 1, 1999

1999-1964-EBA

03/01

Enrolled Bill Amendment to SB 223-FN-A

The Committee on Enrolled Bills to which was referred SB 223-FN-A

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 corrects a reference in the title of a bill section, makes a technical correction to the membership of the wellness and primary prevention council, and makes a grammatical correction.

Amend section 1 of the bill by replacing line 1 with the following:

1 New Chapter; Wellness and Primary Prevention Council. Amend RSA by inserting after chapter 126-L the

Amend RSA 126-M:3, II as inserted by section 1 of the bill by replacing line 1 with the following:

II. The term of each member in subparagraphs (b), (c), (e), (f), (g), and (h) shall be coterminous with

Amend RSA 126-M:4, VII as inserted by section 1 of the bill by replacing lines 1-2 with the following:

VII. Providing information and recommendations to the general court, governor, executive branch departments, the courts, and other public officials, departments or agencies

Senator Trombly moved adoption.

July 6, 1999

1999-1976-EBA

03/09

Enrolled Bill Amendment to HB 25-FN-A

The Committee on Enrolled Bills to which was referred HB 25-FN-A

FOR THE COMMITTEE

Amend subparagraph II, A, 15 of section 1 of the bill by replacing line 1 with the following:

15. Light replacement – health and human services building* 389,050

Amend paragraph I of section 6 of the bill by replacing line 5 with the following:

been published at least once in each of 2 successive calendar weeks in a newspaper of general

Amend section 13 of the bill by replacing line 5 with the following:

appropriation of state funds therefor shall be reduced by the same proportion as the proportion by

Amend section 17 of the bill by replacing lines 1-3 with the following:

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

I. The sum of $427,400 is appropriated to the department of regional community-technical colleges for the

Amend section 20 of the bill by replacing line 2 with the following:

Amend 1995, 309:1, XII, A, 2 as extended by 1997, 349:34, XXVIII to read as follows:

Amend section 23 of the bill by replacing line 2 with the following:

as amended by 1998, 226:2 to read as follows:

Amend section 26 of the bill by replacing line 1 with the following:

26 Capital Budget; 1997 HB 25-A; Amounts Increased; Department of

Amend section 27 of the bill by replacing line 1 with the following:

27 Capital Budget; 1997 HB 25-A; Total Appropriation Section 1, Paragraph II, Subparagraph A Increased.

Amend section 29 of the bill by replacing lines 2-3 with the following:

Added. Amend 1995, 310:191, as amended by 1997, 349:31 and 1998, 276:2, as extended by 1997, 349:34, XXXVII and 1998, 276:3 to read as follows:

Amend paragraph I of section 32 of the bill by replacing lines 1-2 with the following:

I. The appropriation made to the department of transportation in 1989, 367:1, XII, A, 1, as extended by 1991, 351:27, II(l), 1992, 289:60, VII, 1993, 359:20, V, 1995, 309:32, VII,

Amend paragraph III of section 32 of the bill by replacing line 2 with the following:

B as extended by 1994, 171:1 for the state revolving fund match.

Amend paragraph VII of section 32 of the bill by replacing line 2 with the following:

II, A, 10 and 11, as amended by section 26 of this act, for parking garage repairs at the legislative office building and Storrs Street

Amend paragraph IX of section 32 of the bill by replacing lines 1-2 with the following:

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

Amend paragraph XVI of section 32 of the bill by replacing lines 2-3 with the following:

310:191, as amended by 1997, 349:31 and 1998, 276:2, as extended by 1997, 349:34, XXXVII and 1998, 276:3, and as amended by section 29 of this act for design and renovation of APS-B-wing, M

Amend paragraph XXXIII of section 32 of the bill by replacing line 2 with the following:

commissioner’s office in 1997, 349:1, VII, F, as amended by 1998, 276:1, for the Brown Building

Amend paragraph XL of section 32 of the bill by replacing line 2 with the following:

1998, 226:2 and as amended by section 23 of this act for Dover Point substation addition, warehouse/Epping station.

Amend the bill by inserting after section 32 the following and renumbering the original section 33 to read as 34:

33 Capital Budget; 1997 HB 25-A; Total Appropriation Section 1, Paragraph II Increased.

Amend the total state appropriation for 1997, 349:1, II to read as follows:

Total state appropriation paragraph II [$ 7,971,000] $8,081,500

Senator Trombly moved adoption.

July 6, 1999

1999-1969-EBA

03/01

Enrolled Bill Amendment to HB 395-FN-A

The Committee on Enrolled Bills to which was referred HB 395-FN-A

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 in section 1 of the bill and inserts a contingency.

Amend RSA 227-C:29, I as inserted by section 1 of the bill by replacing line 2 with the following:

any other matter necessary to the administration of this subdivision, an advisory committee to the division of

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

3 Authorization for Contingent Renumbering. If any other act of the 1999 regular session of the general court which contains an amendment to RSA 6:12, I which inserts any new subparagraph into paragraph I of such section becomes law, the director of legislative services is authorized to make any technical changes to the numbering in any RSA sections inserted by this or any other act as necessary to conform said sections to proper RSA format. The authority granted under this section shall not include the power to make any substantive changes and shall expire upon printing of the 1999 session laws.

Senator Trombly moved adoption.

July 7, 1999

1999-1980-EBA

03/01

Enrolled Bill Amendment to HB 562

The Committee on Enrolled Bills to which was referred HB 562

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 corrects the title of the bill to reflect the contents of the bill.

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

Senator Trombly moved adoption.

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

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

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

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

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

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 192, relative to vital records.

SB 198, relative to voluntary certification of persons installing or servicing propane gas or heating oil equipment.

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 492, reducing the state bond guarantee limit for wastewater projects.

HB 626, relative to revising the laws regulating accountancy.

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

SB 20, relative to soliciting or selling tickets to entertainment or sports events on public ways.

SB 191, relative to the New Hampshire higher educational and health facilities authority.

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 2, relative to state fees, funds, revenues, and expenditures.

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 272, relative to the use of laser pointing devices.

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

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

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

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

HB 687, establishing the criminal offense of identity fraud.

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

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

SB 32, exempting employers of certain part-time contractors from providing unemployment compensation, and establishing a study committee to analyze ways to reconcile inconsistencies with the statutes with regard to independent contractors.

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

SB 53, relative to licensure of physicians providing teleradiology services in this state.

SB 78, relative to contract requirements between a paid solicitor and a charitable trust.

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

SB 131, changing the name of the office of travel and tourism to the office of travel and tourism development, and updating outdated references to the office of vacation travel.

SB 172, relative to representation by a citizen in a court proceeding.

SB 175, requiring insurance coverage for prescription contraceptive drugs and prescription contraceptive devices and for contraceptive services.

SB 197, adding a duty to the committee to study the state substance abuse treatment delivery system.

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

Senator D'Allesandro moved adoption.

July 6, 1999

1999-1974-EBA

03/10

Enrolled Bill Amendment to SB 28

The Committee on Enrolled Bills to which was referred SB 28

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 corrects 2 references in the bill.

Amend RSA 143:11, I(a) as inserted by section 5 of the bill by replacing line 10 with the following:

Amend RSA 143-A:6, I as inserted by section 8 of the bill by replacing line 10 with the following:

Senator Trombly moved adoption.

July 2, 1999

1999-1965-EBA

05/09

Enrolled Bill Amendment to SB 58

The Committee on Enrolled Bills to which was referred SB 58

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 adds a reference in section 2 of the bill.

Amend RSA 415:18-a, III(a) as inserted by section 2 of the bill by replacing line 8 with the following:

practitioners, licensed clinical mental health counselors, or licensed clinical social workers shall be substantially the same as the ratio of the

Senator Trombly moved adoption.

July 6, 1999

1999-1971-EBA

08/10

Enrolled Bill Amendment to SB 67

The Committee on Enrolled Bills to which was referred SB 67

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 corrects grammatical errors.

mend RSA 151-B:28 as inserted by section 1 of the bill by replacing line 6 with the following:

negligence or willful and wanton acts or omissions. This section shall not limit civil liability protection

Senator Trombly moved adoption.

July 6, 1999

1999-1975-EBA

04/10

Enrolled Bill Amendment to SB 189-FN

The Committee on Enrolled Bills to which was referred SB 189-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 grammatical correction.

Amend RSA 354-B:3, II as inserted by section 1 of the bill by replacing line 2 with the following:

violation of this chapter or to protect lawful exercise of the rights secured by this chapter.

Senator Trombly moved adoption.

July 1, 1999

1999-1961-EBA

05/09

Enrolled Bill Amendment to SB 201-FN

The Committee on Enrolled Bills to which was referred SB 201-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 amendment makes a technical correction to the bill.

Amend RSA 639:4, II as inserted by section 1 of the bill by replacing lines 3 and 4 with the following:

Senator Trombly moved adoption.

July 7, 1999

1999-1983-EBA

03/01

Enrolled Bill Amendment to HB 684

The Committee on Enrolled Bills to which was referred HB 684

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

Amend section 3 of the bill by replacing lines 1-3 with the following:

3 Utility Property Tax; Definitions. Amend RSA 83-F:1, IV and V to read as follows:

IV. ["Utility property owner" means any person, partnership, limited liability company,

Amend RSA 83-F:1, V(b) as inserted by section 3 of the bill by replacing line 2 with the following:

Amend section 16 of the bill by replacing line 2 with the following:

provisions of RSA 188-E:8 and RSA 188-E:9, for fiscal year 2001, the state shall reimburse a sending

Amend section 19 of the bill by replacing paragraph I with the following:

I. Section 9 of this act shall take effect July 1, 1999 at 12:02 a.m.

Senator Trombly moved adoption.

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

HB 331, addressing hazardous waste and surface water quality violations incurred by the department of transportation identified by the state department of environmental services, and making an appropriation therefor.

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

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

HB 559, authorizing vanity plates or decals for OHRV registrations.

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

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

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

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

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

SB 27, relative to assessment fee schedules for trust companies and banks.

SB 62, relative to the acquisition of Umbagog Lake Campground in Cambridge, New Hampshire, and making an appropriation therefor.

SB 102, relative to the payment of the premium tax.

SB 177, allowing marriage and family therapists to obtain third party payment for services rendered which would otherwise qualify for such payments.

SB 182, relative to eligibility for ordinary death benefits under the New Hampshire retirement system.

SB 187, relative to payment of group health insurance premiums for eligible retired teachers and for certain active or retired group II members in the New Hampshire retirement system.

SB 195, appropriating funds for sludge testing.

SB 223, establishing a wellness and primary prevention council.

Senator D'Allesandro moved adoption.

July 6, 1999

1999-1973-EBA

04/01

Enrolled Bill Amendment to HB 69

The Committee on Enrolled Bills to which was referred HB 69

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 corrects the title of the bill to accurately reflect its contents.

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

Senator Trombly moved adoption.

July 7, 1999

1999-1987-EBA

05/09

Enrolled Bill Amendment to HB 265

The Committee on Enrolled Bills to which was referred HB 265

FOR THE COMMITTEE

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

Senator Trombly moved adoption.

July 8, 1999

1999-1990-EBA

04/10

Enrolled Bill Amendment to HB 291

The Committee on Enrolled Bills to which was referred HB 291

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 corrects the name of a senate committee referenced in section 2 of the bill.

Amend section 2 of the bill by replacing line 7 with the following:

members of the senate environment committee and one member of the senate energy and economic development

Senator Trombly moved adoption.

July 7, 1999

1999-1978-EBA

08/10

Enrolled Bill Amendment to HB 491

The Committee on Enrolled Bills to which was referred HB 491

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 inserts the current version of RSA 263:19 as amended by HB 566 of the 1999 legislative session (1999, 157).

Amend the bill by replacing section 4 with the following:

4 Behind the Wheel Training Requirements Increased. Amend RSA 263:19 to read as follows:

263:19 Driver Education.

I. A driver's license may be issued subject to the provisions of this chapter to a person under the age of 18 years who has attained his sixteenth birthday, if such person shall present a certificate of successful completion of a driver education course given by a public or nonpublic secondary school and approved by the department of education in cooperation with the department of safety or given by a motor vehicle drivers’ school licensed under the provisions of this chapter. An approved driver education course, whether conducted by a secondary school or by a school licensed under this chapter, shall consist of both classroom instruction and behind the wheel driver training of not less than 10 hours, in accordance with rules adopted pursuant to RSA 541-A, published jointly by the commissioner of education and the commissioner of safety, such standards to be not less than those presently required. The department of safety, by the nature of its function, shall be held ultimately responsible for setting and maintaining the quality standards for driver education in the state, aided and facilitated by the department of education. This authority shall apply uniformly over both secondary school courses and private motor vehicle drivers’ school courses.

II. To qualify for a driver’s license under this section, a person under the age of 18 shall also certify the completion of 20 hours of additional supervised driving time under the supervision of a licensed parent or guardian, or, if there is no licensed parent or guardian, under the supervision of a licensed adult over the age of 25. The commissioner shall adopt rules relative to the method of certification.

Senator Trombly moved adoption.

July 6, 1999

1999-1972-EBA

04/09

Enrolled Bill Amendment to HB 563

The Committee on Enrolled Bills to which was referred HB 563

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 in section 2 of the bill.

Amend RSA 293-A:4.01(b) as inserted by section 2 of the bill by replacing line 17 with the following:

[10] (6) the name of any political party recognized under RSA 652:11, unless written

Senator Trombly moved adoption.

July 7, 1999

1999-1979-EBA

08/10

Enrolled Bill Amendment to HB 576-FN-A

The Committee on Enrolled Bills to which was referred HB 576-FN-A

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 corrects references to child custody and support impact seminars and the child custody and support impact program.

Amend the bill by replacing section 2 with the following:

Senator Trombly moved adoption.

July 7, 1999

1999-1984-EBA

03/09

Enrolled Bill Amendment to HB 601

The Committee on Enrolled Bills to which was referred HB 601

FOR THE COMMITTEE

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

Amend the bill by replacing section 2 with the following:

2 New Paragraph; Clarification of Term. Amend RSA 651:6 by inserting after paragraph I the following new paragraph:

I-a. As used in this section, a "law enforcement officer" is a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail, or corrections institution, a probation-parole officer, or a conservation officer.

Amend section 5 of the bill by inserting after paragraph III the following new paragraph:

IV. Deleting in group N:

Warden, northern New Hampshire correctional facility, department of corrections

Amend the bill by replacing section 6 with the following:

6 Applicability of Salary Classifications. The warden of the northern New Hampshire correctional facility (formerly the Berlin prison facility) on the effective date of this act shall become the unclassified warden at the salary step in group O which is not less than step 4 in group N.

Amend RSA 622:2-a as inserted by section 8 of the bill by replacing line 1 with the following:

622:2-a [Warden] Wardens. The [warden] wardens of the New Hampshire state [prison for men] prisons shall

Senator Trombly moved adoption.

July 7, 1999

1999-1982-EBA

04/10

Enrolled Bill Amendment to HB 616-FN-A

The Committee on Enrolled Bills to which was referred HB 616-FN-A

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

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

7 Waiver of Certain License Requirements; Version Incorporating HB 566. RSA 263:19 is repealed and reenacted to read as follows:

263:19 Driver Education.

I. A driver's license may be issued subject to the provisions of this chapter to a person under the age of 18 years who has attained his sixteenth birthday, if such person shall present a certificate of successful completion of a driver education course given by a public or nonpublic secondary school and approved by the department of education in cooperation with the department of safety or given by a motor vehicle drivers’ school licensed under the provisions of this chapter. An approved driver education course, whether conducted by a secondary school or by a school licensed under this chapter, shall consist of both classroom instruction and behind the wheel driver training, in accordance with rules adopted pursuant to RSA 541-A, published jointly by the commissioner of education and the commissioner of safety, such standards to be not less than those presently required. The department of safety, by the nature of its function, shall be held ultimately responsible for setting and maintaining the quality standards for driver education in the state, aided and facilitated by the department of education. This authority shall apply uniformly over both secondary school courses and private motor vehicle drivers’ school courses.

8 Waiver of License Requirements; Contingent Version for HB 491. RSA 263:19 is repealed and reenacted to read as follows:

263:19 Driver Education.

I. A driver's license may be issued subject to the provisions of this chapter to a person under the age of 18 years who has attained his sixteenth birthday, if such person shall present a certificate of successful completion of a driver education course given by a public or nonpublic secondary school and approved by the department of education in cooperation with the department of safety or given by a motor vehicle drivers’ school licensed under the provisions of this chapter. An approved driver education course, whether conducted by a secondary school or by a school licensed under this chapter, shall consist of both classroom instruction and behind the wheel driver training of not less than 10 hours, in accordance with rules adopted pursuant to RSA 541-A, published jointly by the commissioner of education and the commissioner of safety, such standards to be not less than those presently required. The department of safety, by the nature of its function, shall be held ultimately responsible for setting and maintaining the quality standards for driver education in the state, aided and facilitated by the department of education. This authority shall apply uniformly over both secondary school courses and private motor vehicle drivers’ school courses.

II. To qualify for a driver’s license under this section, a person under the age of 18 shall also certify the completion of 20 hours of additional supervised driving time under the supervision of a licensed parent or guardian, or, if there is no licensed parent or guardian, under the supervision of a licensed adult over the age of 25. The commissioner shall adopt rules relative to the method of certification.

III. Any person who wishes to obtain a motorcycle endorsement shall not be required to complete the 20 hours of practice driving time specified in paragraph II, but shall successfully complete a program authorized pursuant to RSA 263:34-b and shall be exempt from RSA 263:14, II(c) while operating a motorcycle.

IV. Any person wishing to qualify for a driver’s license who submits proof that the person has a disability covered by the Americans with Disabilities Act may request a waiver of a requirement of this section from the commissioner. The commissioner or his or her agents may approve such requests at their discretion.

9 Contingency. If HB 491 of the 1999 legislative session becomes law, section 8 of this act shall take effect at 12:01 a.m. on the day that HB 491 takes effect. If HB 491 does not become law, section 8 of this act shall not take effect.

10 Effective Date.

I. Section 7 of this act shall take effect August 27, 1999 at 12:01 a.m..

III. The remainder of this act shall take effect upon its passage.

Senator Trombly moved adoption.

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

HB 84-FN, establishing a committee to study the penalties for driving under the influence of intoxicating liquor or controlled drugs in the state, and the education and treatment services available to offenders.

HB 224-FN-A, establishing a joint committee on code enforcement.

HB 537, relative to background checks for firearms purchases.

HB 553-FN-A, establishing a commission on the status of men.

HB 577, relative to the power of a school district to expend catastrophic special education funds and relative to the exemption of certain unexpected catastrophic special education expenses from the provisions of the municipal budget law.

HB 599-FN-A, establishing a committee to study the integration of technology at the state, county, and municipal levels.

HB 625-FN-A, relative to a mercury emissions reduction and control program and a study of mercury in ash landfills.

HB 649-FN, relative to nitrogen oxide emissions from electricity generation.

HB 669-FN, relative to the determination of current comparable compensation for persons with gainful earnings who receive disability retirement benefits.

HB 704-FN-A, establishing a wildlife damage control program and making an appropriation therefor.

HB 746, relative to emergency police assistance.

HCR 10, requesting Congress to give priority to preserving Social Security and ensuring that it continues as universal and mandatory for all workers.

HB 346-FN-A, relative to permissible fireworks.

HB 363-FN, increasing the bonding limit of the school building authority.

HB 501-FN-A, relative to the repair of a certain covered railroad bridge in Contoocook village in the town of Hopkinton.

HB 602-FN, establishing the position of health insurance consumer assistant.

HB 615-FN-A, establishing a registry for brain and spinal cord injuries.

HB 645-FN, relative to telecommunications equipment assistance and the enhanced 911 system.

HB 743, requiring that the question relative to the necessity for a convention to revise the New Hampshire constitution be presented to the voters in the November 2000 general election.

HCR 8, urging the improvements to the Kyoto Protocol prior to its implementation.

HCR 13, urging the selection of a final design for the New Hampshire commemorative quarter which includes the state motto "live free or die, 9 stars representing New Hampshire as the ninth state to ratify the United States Constitution, and the Old Man of the Mountain."

HJR 10, requiring that the United States Marine Corps flag be flown over the State House every November 10 to honor the birth of the Corps.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 84-HJR 10 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 84-FN, establishing a committee to study the penalties for driving under the influence of intoxicating liquor or controlled drugs in the state, and the education and treatment services available to offenders. Transportation

HB 224-FN-A, establishing a joint committee on code enforcement. Education

HB 537, relative to background checks for firearms purchases. Judiciary

HB 553-FN-A, establishing a commission on the status of men. Executive Departments and Administration

HB 577, relative to the power of a school district to expend catastrophic special education funds and relative to the exemption of certain unexpected catastrophic special education expenses from the provisions of the municipal budget law. Education

HB 599-FN-A, establishing a committee to study the integration of technology at the state, county, and municipal levels. Energy and Economic Development

HB 625-FN-A, relative to a mercury emissions reduction and control program and a study of mercury in ash landfills. Environment

HB 649-FN, relative to nitrogen oxide emissions from electricity generation. Energy and Economic Development

HB 669-FN, relative to the determination of current comparable compensation for persons with gainful earnings who receive disability retirement benefits. Insurance

HB 704-FN-A, establishing a wildlife damage control program and making an appropriation therefor. Wildlife and Recreation

HB 746, relative to emergency police assistance. Judiciary

HCR 10, requesting Congress to give priority to preserving Social Security and ensuring that it continues as universal and mandatory for all workers. Internal Affairs

HB 346-FN-A, relative to permissible fireworks. Executive Departments and Administration

HB 363-FN, increasing the bonding limit of the school building authority. Executive Departments and Administration

HB 501-FN-A, relative to the repair of a certain covered railroad bridge in Contoocook village in the town of Hopkinton. Finance

HB 602-FN, establishing the position of health insurance consumer assistant. Insurance

HB 615-FN-A, establishing a registry for brain and spinal cord injuries. Public Institutions, Health and Human Services

HB 645-FN, relative to telecommunications equipment assistance and the enhanced 911 system. Energy and Economic Development

HB 743, requiring that the question relative to the necessity for a convention to revise the New Hampshire constitution be presented to the voters in the November 2000 general election. Internal Affairs

HCR 8, urging the improvements to the Kyoto Protocol prior to its implementation. Environment

HCR 13, urging the selection of a final design for the New Hampshire commemorative quarter which includes the state motto "live free or die, 9 stars representing New Hampshire as the ninth state to ratify the United States Constitution, and the Old Man of the Mountain." Public Affairs

HJR 10, requiring that the United States Marine Corps flag be flown over the State House every November 10 to honor the birth of the Corps. Internal Affairs

July 8, 1999

1999-1989-EBA

05/10

Enrolled Bill Amendment to SB 70

The Committee on Enrolled Bills to which was referred SB 70

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 amendment renumbers an RSA section to avoid duplicating the numbering of an RSA section inserted by SB 191 (1999).

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

4 Contingent Renumbering. If SB 191 becomes law, RSA 541-A:21, I(v) as inserted by section 3 of this act shall be renumbered to RSA 541-A:21, I(w).

Senator Trombly moved adoption.

July 7, 1999

1999-1986-EBA

03/01

Enrolled Bill Amendment to SB 83

The Committee on Enrolled Bills to which was referred SB 83

FOR THE COMMITTEE

Amend RSA 332-B:2, X as inserted by section 8 of the bill by replacing line 1 with the following:

Amend RSA 332-B:7-a, XII as inserted by section 14 of the bill by replacing it with the following:

Amend RSA 332-B:11 as inserted by section 17 of the bill by replacing lines 1-2 with the following:

332-B:11 Reciprocity.

I. The board may issue a license without examination to a person who:

Amend RSA 332-B:12 as inserted by section 18 of the bill by replacing line 3 with the following:

recognized as provided for in RSA 332-B:9[, may be granted a temporary license] for a period not to

Amend RSA 332-B:14, II(n) as inserted by section 23 of the bill by replacing line 2 with the following:

medical records, or the issuance of health, vaccination, or inspection certificates; or

Amend RSA 332-B:15, IV as inserted by section 25 of the bill by replacing line 5 with the following:

board pursuant to RSA 332-B:15, V, and no witness or other fee shall be necessary for valid service.

Amend RSA 332-B:16, III(b) as inserted by section 27 of the bill by replacing line 3 with the following:

complainant. The hearing notice shall constitute a final ruling on the complainant’s request

Senator Trombly moved adoption.

July 8, 1999

1999-1993-EBA

03/01

Enrolled Bill Amendment to SB 93

The Committee on Enrolled Bills to which was referred SB 93

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 grammatical corrections and conforms certain references to other provisions in the bill.

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

Amend RSA 451-C:1, III as inserted by section 1 of the bill by replacing line 2 with the following:

use of storage space at a self-service storage facility under a rental agreement, to the exclusion of others.

Amend RSA 451-C:2 as inserted by section 1 of the bill by replacing line 2 with the following:

personal property located at the self-service storage facility so long as the personal property shall remain in

Amend RSA 451-C:4, I as inserted by section 1 of the bill by replacing line 6 with the following:

the division of motor vehicles, the secretary of state, or the town clerk within 14 days after such

Amend RSA 451-C:4, II as inserted by section 1 of the bill by replacing line 9 with the following:

possession or from the occupant’s self-service storage facility unit within 20 days of the date of mailing of the notice

Amend RSA 451-C:7, I as inserted by section 1 of the bill by replacing lines 2-3 with the following:

entire contents of the unit have a total value under $500, the property shall be deemed abandoned. Such property may then be removed from the self-service storage facility unit and shall be retained for 30 days. If

Amend RSA 451-C:7, II as inserted by section 1 of the bill by replacing line 2 with the following:

entire contents of the unit have a total value under $500, the property shall be deemed abandoned. If

Amend RSA 451-C:7, II as inserted by section 1 of the bill by replacing line 5 with the following:

requirements of RSA 451-C:5 and RSA 451-C:6, may remove such property from the self-service storage facility unit,

Amend RSA 451-C:10 as inserted by section 1 of the bill by replacing line 1 with the following:

Senator Trombly moved adoption.

July 1, 1999

1999-1962-EBA

08/09

Enrolled Bill Amendment to SB 105

The Committee on Enrolled Bills to which was referred SB 105

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 2 typographical corrections and corrects amending language.

Amend RSA 415:18, VII(g)(1)(C)(iii) as inserted by section 1 of the bill by replacing line 3 with the following:

Amend RSA 415:18, VII(g)(1)(C)(iv) as inserted by section 1 of the bill by replacing line 3 with the following:

whichever occurs first.] ; or

Amend RSA 415:18, VII(g)(1)(E) as inserted by section 1 of the bill by replacing line 1 with the following:

(E) Extension coverage need not be provided beyond:

Amend RSA 415:18, VII(g)(1)(F) as inserted by section 1 of the bill by replacing line 1 with the following:

(F) The individual, surviving spouse, divorced spouse, legally separated

Senator Trombly moved adoption.

July 8, 1999

1999-1994-EBA

03/10

Enrolled Bill Amendment to SB 113

The Committee on Enrolled Bills to which was referred SB 113

FOR THE COMMITTEE

Amend the introductory paragraph of RSA 12-A:23 as inserted by section 4 of the bill by replacing line 1 with the following:

It is the intent of the general court that all agencies

Amend section 5 of the bill by replacing line 2 with the following:

Director of travel and tourism development, department of

Amend section 8 of the bill by replacing line 1 with the following:

8 Reference Change. Amend RSA 12-A:1-e, II to read as follows:

Amend the bill by replacing section 9 with the following:

9 Reference Change. The introductory paragraph of RSA 12-A:41, I is repealed and reenacted to read as follows:

14 Contingency. If SB 131-FN-A of the 1999 regular session becomes law, section 9 of this act shall take effect at 12:01 a.m. on the effective date of SB 131-FN-A. If SB 131-FN-A does not become law, section 9 of this act shall take effect July 1, 1999.

15 Effective Date.

I. Section 9 of this act shall take effect as provided in section 14 of this act.

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

Senator Trombly moved adoption.

July 7, 1999

1999-1985-EBA

08/09

Enrolled Bill Amendment to SB 158-FN

The Committee on Enrolled Bills to which was referred SB 158-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 inserts in section 3 of the bill the version of RSA 651-B:6, I which was amended by HB 706 (1999, 177).

Amend the bill by replacing section 3 with the following:

3 Addition to Sexual Offender Registry Classifications. Amend RSA 651-B:6, I to read as follows:

I. Any sexual offender convicted of a violation or attempted violation of RSA 632-A:2 [or], 632-A:3, or 645:1, III, and any offender against children convicted of a violation or attempted violation of RSA 169-B:41, II, 633:1, 633:2, 639:2, 639:3, III, 645:2, II, 649-A:3, I, 649-B:3, 649-B:4, or 650:2, II, or of an equivalent offense in an out-of-state jurisdiction, shall be registered for life.

Senator Trombly moved adoption.

July 8, 1999

1999-1995-EBA

03/09

Enrolled Bill Amendment to SB 163

The Committee on Enrolled Bills to which was referred SB 163

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

Amend paragraph I of section 2 of the bill by replacing subparagraph (f) with the following:

(f) The president of the New Hampshire County Attorneys’ Association, or designee.

Amend paragraph I of section 2 of the bill by replacing subparagraph (i) with the following:

Amend section 4 of the bill by replacing line 1 with the following:

4 Chairperson . The members of the study commission shall elect a chairperson from

Senator Trombly moved adoption.

July 7, 1999

1999-1981-EBA

04/10

Enrolled Bill Amendment to SB 167

The Committee on Enrolled Bills to which was referred SB 167

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 inserts a contingency provision to renumber an RSA section inserted by the bill.

Amend the bill by replacing all after section 5 with the following:

6 New Section; Off-Label Prescription Drugs. Amend RSA 415 by inserting after section 18-i the following new section:

415:18-j Off-Label Prescription Drugs.

I. No insurer that issues or renews any policy of group or blanket accident or health insurance providing benefits for medical or hospital expenses and providing coverage for prescription drugs shall exclude coverage for any such drug for a particular indication on the ground that the drug has not been approved by the Food and Drug Administration (FDA) for that indication, if such drug is recognized for treatment of such indication in one of the standard reference compendia or in the medical literature as recommended by current American Medical Association (AMA) policies.

II. Any coverage of a drug required by this section shall also include medically necessary services associated with the administration of the drug.

III. Nothing in this section requires:

(a) Coverage for any drug if the FDA has determined its use to be contraindicated for the treatment of the particular indication for which the drug has been prescribed;

(c) Reimbursement or coverage for any drug not included on the drug formulary or list of covered drugs specified in a health plan, contract, or policy.

7 Off-Label Prescription Drugs; Health Service Corporation. Amend RSA 420-A:2 to read as follows:

420-A:2 Applicable Statutes. Every health service corporation shall be governed by this chapter and the relevant provisions of RSA 161-H, and shall be exempt from this title except for the provisions of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 415-A, RSA 415-F, RSA 415:6, II(4), RSA 415:6-g, RSA 415:18, V, RSA 415:18, VII(g), RSA 415:18, VII-a, RSA 415:18-a, RSA 415:18-j, RSA 415:22, RSA 417, RSA 417-E, RSA 420-J, and all applicable provisions of title XXXVII wherein such corporations are specifically included. Every health service corporation and its agents shall be subject to the fees prescribed for health service corporations under RSA 400-A:29, VII.

8 Off-Label Drugs; Health Maintenance Organizations. Amend RSA 420-B:20, III to read as follows:

III. The requirements of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 415:6-g, RSA 415:18, VII(g), RSA 415:18, VII-a, RSA 415:18-j, RSA 415-A, RSA 415-F, RSA 420-G, and RSA 420-J shall apply to health maintenance organizations.

9 Contingency. If SB 175-FN of the 1999 legislative session becomes law, then sections 6-8 of this act shall take effect 60 days after its passage, and sections 3-5 of this act shall not take effect. If SB 175-FN of the 1999 legislative session does not become law, then sections 3-5 of this act shall take effect 60 days after its passage, and sections 6-8 of this act shall not take effect.

10 Effective Date.

I. Sections 3-8 of this act shall take effect as provided in section 9.

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

Senator Trombly moved adoption.

July 8, 1999

July 7, 1999

1999-1988-EBA

03/09

Enrolled Bill Amendment to SB 204

The Committee on Enrolled Bills to which was referred SB 204

FOR THE COMMITTEE

This enrolled bill amendment clarifies certain references in the bill.

Enrolled Bill Amendment to SB 204

Amend section 1 of the bill by replacing lines 1-3 with the following:

1 New Subdivision; New Hampshire Excellence in Higher Education Endowment Trust Fund. Amend RSA 6 by inserting after section 36 the following new subdivision:

New Hampshire Excellence in Higher Education Endowment Trust Fund

Amend RSA 6:37, II as inserted by section 1 of the bill by replacing line 1 with the following:

II. "Eligible educational institution" means that which is defined in section 529 of

Amend RSA 6:38 as inserted by section 1 of the bill by replacing line 1 with the following:

6:38 New Hampshire Excellence in Higher Education Endowment Trust Fund Established.

Amend RSA 6:38, III as inserted by section 1 of the bill by replacing line 2 with the following:

the commission for purposes of providing education scholarships under this subdivision.

Senator Trombly moved adoption.

July 6, 1999

1999-1977-EBA

04/10

Enrolled Bill Amendment to SB 214-FN

The Committee on Enrolled Bills to which was referred SB 214-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 corrects the title of the bill to accurately reflect its contents.

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

Senator Trombly moved adoption.

July 8, 1999

1999-1991-EBA

04/10

Enrolled Bill Amendment to SB 200

The Committee on Enrolled Bills to which was referred SB 200

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 section 2 of the bill.

Amend section 2 of the bill by replacing lines 4-5 with the following:

Amend section 2 of the bill by replacing lines 27-28 with the following:

corrective action to remove the individual from the agency, and, in conjunction with the department, to develop a corrective action plan, approved by the department, which shall

Senator Trombly moved adoption.

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

HB 25, making appropriations for capital improvements.

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

HB 698, restricting fees for registration permits for certain vehicles.

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

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

SB 227, establishing a gambling business felony.

Senator D'Allesandro moved adoption.

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

HB 69, relative to the definition of employee under certain labor laws.

HB 265, relative to the student trustees on the university system of New Hampshire board of trustees, adequate education grants in cooperative school districts, kindergarten program funding, and the adequate education grant in the town of Stratford.

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

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

HB 563, relative to names of limited liability partnerships and companies and cooperative associations.

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

HB 601, allowing the assistant commissioner of corrections to assume the duties of the commissioner in the event that the commissioner is unable to perform such duties, correcting out-of-date references and phraseology pertaining to the department of corrections, changing the salary group of the warden of the northern New Hampshire correctional facility in the unclassified system, replacing the superintendent of the lakes region facility with a warden in the salary classification table and replacing the superintendent of the New Hampshire state prison for women with a warden in the salary classification table.

HB 616, establishing a house study committee to consider issues related to the driver training fund and exempting persons covered under the Americans with Disabilities Act from certain driver's license requirements.

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

HB 684, requiring a 2/3 vote of both houses of the general court to increase the rate of the business enterprise tax and making technical corrections to 1999, HB 117.

SB 70, relative to prevention of MTBE contamination of drinking water and groundwater.

SB 83, relative to the regulation of the practice of veterinary medicine.

SB 93, relative to self-service storage facility liens.

SB 105, relative to continuation of coverage of health insurance.

SB 113, establishing a division of travel and tourism development with the department of resources and economic development.

SB 158, relative to definitions and penalties for indecent exposure and inclusion in certain sexual offender registry classifications.

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

SB 167, relative to off-label prescription drugs.

SB 200, relative to child day care licensing procedures.

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

SB 214, relative to the membership and staff of the health services planning and review board and relative to the definition of ambulatory surgical facility.

HB 89, making an appropriation for a department of transportation study of the state house complex's space needs, and naming the newly constructed state highway bridge on Route 135 between the towns of Haverhill and Bath in honor of Raymond S. Burton.

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

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

HB 408, relative to drug formularies under managed care entities.

HB 428, relative to school administrative units.

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

HB 464, relative to electric rate reduction financing and relative to the duties of the public utilities commission.

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

HB 562, establishing a committee to study the date of decision for appeals of zoning.

HB 584, relative to administrative license suspensions.

HB 653, increasing the personal needs allowance of nursing home residents and residents of residential care facilities and community residences and making an appropriation therefor.

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

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

HB 709, relative to the railroad tax.

HB 721, relative to procedures regarding delinquent children under RSA 169-B.

HB 729, redefining "charitable organization" for purposes of the laws governing raffles.

SB 28, relative to food production and distribution and food service licensure.

SB 30, relative to cruelty to animals.

SB 47, relative to restoring certain leave time for a conservation officer injured while on duty on August 19, 1997.

SB 58, allowing clinical mental health counselors to obtain third party payment for services rendered which would otherwise qualify for such payments.

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

SB 114, relative to health carrier disclosure of third party liability.

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

SB 140, relative to ear piercing.

SB 183, requiring the department of health and human services to make a biennial report on the health status of New Hampshire residents, relative to rates for pharmaceutical services, requiring the department to conduct a study, and establishing a subcommittee to study affordable health insurance for low-income working adults.

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

SB 201, reclassifying non-support as a felony under certain circumstances.

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

SB 224, relative to notice requirements and recording of hearings in contested cases and relative to records and availability of transcripts of adjudicative hearings on occupational licensing.

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

SB 69, relative to health care charitable trusts and community benefits.

Senator D'Allesandro moved adoption.