Out of Recess.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 225-226 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.

99-0984

SB 225-FN, relative to a pharmaceutical program for low income individuals. (Sen. Hollingworth, Dist 23; Sen. McCarley, Dist 6; Sen. J. King, Dist 18; Sen. Wheeler, Dist 21; Sen. Squires, Dist 12; Rep. O’Keefe, Rock 21: Public Institutions, Health and Human Services)

99-0985

SB 226-FN, relative to the real estate practice act and the powers and duties of the real estate commission. (Sen. Gordon, Dist 2: Executive Departments and Administration)

Senator Cohen moved that the business of the day being completed that the Senate now adjourn until Thursday, March 4, 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 McCarley led the Pledge of Allegiance.

SB 20, limiting the price for resale of tickets to motor sports events at the New Hampshire International Speedway to the original purchase price. Energy and Economic Development Committee. Vote 7-0. Ought to pass with amendment, Senator F. King for the committee.

1999-0266s

09/01

Amend the title of the bill to read as follows:

AN ACT relative to the sale or resale of tickets to motor sports events at the New Hampshire International Speedway.

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

1 New Subdivision; Resale of Tickets to Motor Sports Events. Amend RSA 339 by inserting after section 76 the following new subdivision:

Resale of Tickets

339:77 Resale of Tickets.

I. No person shall sell, resell or exchange a ticket or tickets to a motor sports racing event while on the premises of the New Hampshire International Speedway without first obtaining written permission to conduct a sale or exchange from the New Hampshire International Speedway. However, no person shall sell, resell or exchange such ticket or tickets while on the premises of the New Hampshire International Speedway at a price higher than the price printed on the face of such ticket.

II. No person shall sell, resell or exchange a ticket or tickets to a motor sports racing event on the day of the event and 7 days prior to the event at the New Hampshire International Speedway on any state or federal highway within a 15 mile radius of New Hampshire International Speedway. This paragraph shall not apply to the sale of tickets by the New Hampshire International Speedway or its employees.

III. Any person who violates this section shall be guilty of a class B misdemeanor.

IV. For purposes of this section, "ticket" means any admittance, receipt, entrance ticket, or other evidence of a right to be admitted to an event at New Hampshire International Speedway.

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

1999-0266s

AMENDED ANALYSIS

This bill limits the resale of tickets to motor sports events at the New Hampshire International Speedway to the original purchase price. No person may sell, resell, or exchange tickets to motor sports events at the speedway without first obtaining written permission from the speedway. The bill also prohibits the sale and exchange of tickets to such events on a highway within a 15 mile radius of the speedway, except when the sale is conducted by New Hampshire International Speedway.

Senator F. King moved to have SB 20, limiting the price for resale of tickets to motor sports events at the New Hampshire International Speedway to the original purchase price, laid on the table.

Adopted.

SB 20, limiting the price for resale of tickets to motor sports events at the New Hampshire International Speedway to the original purchase price.

SB 43, creating a commission to research making Hilton Park in the city of Dover property of that city. Energy and Economic Development Committee. Vote 7-0. Ought to Pass, Senator F. King for the committee.

SB 78, clarifying charitable trust solicitation campaign records. Executive Departments and Administration Committee. Vote 7-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

1999-0166s

01/03

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

AN ACT relative to contract requirements between a paid solicitor and a charitable trust.

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

1 Contract and Disclosure Requirements. Amend RSA 7:28-c, V(a) to read as follows:

V.(a) There shall be a written contract between a paid solicitor and a charitable trust which shall clearly state:

(1) The respective obligations of the paid solicitor and the charitable trust [and shall state].

(3) The amount of the gross revenue from the solicitation campaign that the charitable trust shall receive. Said amount shall be expressed as a fixed percentage of the gross revenue or as a reasonable estimate of the gross revenue, subject to and in accordance with the provisions of subparagraphs (b), (c), and (d) of this paragraph.

2 Reference Change. Amend RSA 7:28-f, I(h) to read as follows:

(h) Representing directly or by implication that a charitable trust shall receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than identified in RSA 7:28-c, [IV] V(a) or [V] VI(a)(2).

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

1999-0166s

AMENDED ANALYSIS

This bill declares that certain information included in a contract between a paid solicitor and a charitable trust shall be the sole property of the charitable trust.

SB 115, relative to participation by certain judges in the state employee group health and dental insurance programs. Insurance Committee. Vote 8-0. Ought to Pass, Senator Fraser for the committee.

SB 161-L, amending the contributory pension system for employees of the city of Manchester. Insurance Committee. Vote 7-1. Ought to Pass, Senator J. King for the committee.

SB 26, establishing a committee to study trustee process. Judiciary Committee. Vote 8-0. Ought to Pass, Senator Gordon for the committee.

SB 45-FN-A, allowing a waiver of interest for the time period of an extension of the date of payment of the legacies and successions tax. Judiciary Committee. Vote 7-1. Ought to Pass, Senator Trombly for the committee.

SB 12-FN-A, relative to the World War II memorial campaign and making an appropriation therefor. Public Affairs Committee. Vote 6-0. Ought to Pass, Senator McCarley for the committee.

SB 38, relative to the optional term for election of a cooperative school district moderator. Public Affairs Committee. Vote 6-0. Ought to Pass, Senator Roberge for the committee.

SB 39, eliminating the voting column for vice-president on the presidential primary ballot. Public Affairs Committee.

MINORITY REPORT: Inexpedient to Legislate, Senator Krueger for the committee. Vote 2-4

MAJORITY REPORT: Ought to Pass, Senator McCarley for the committee. Vote 4-2

The following Senators voted No: F. King, Gordon, Johnson, Fraser, Disnard, Roberge, Squires, Pignatelli, Francoeur, Larsen, Krueger, Brown, Russman, D’Allesandro, Klemm, Hollingworth.

SB 14, establishing a committee to study the financial impact of federal welfare reform on the cities and towns of New Hampshire. Public Institutions, Health and Human Services Committee. Vote 7-0. Ought to pass with amendment, Senator McCarley for the committee.

1999-0200s

05/09

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

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

1 Committee Established. There is hereby established a committee to study the impact of federal welfare reform on the cities and towns of New Hampshire.

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 3 of whom shall be members of the house health, human services and elderly affairs committee and the house municipal and county government committee, appointed by the speaker of the house of representatives.

II. Members of the committee shall be selected to represent large and small communities from different geographic areas of the state.

III. 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 impact of federal welfare reform. The committee’s study shall include, but not be limited to, RSA 165, relative to aid to assisted persons; RSA 167, relative to public assistance to blind, aged, or disabled persons and to dependent children; and any other relevant issues that may arise in the course of the committee’s deliberations. Specifically, the committee shall:

I. Project the future financial and other impacts of welfare reform on the 234 towns and cities in the state.

II. Analyze the anticipated financial impact on communities of the policy of terminating state welfare benefits after 60 months of state support and the impact of the relocation of clients from neighboring states to New Hampshire due to its longer benefits period.

III. Identify the federal welfare reform options available to New Hampshire, and to our state department of health and human services, that would minimize the financial impact of welfare reform on New Hampshire municipalities.

IV. Based on the information determined, suggest policy alternatives to deal with identified unfavorable or undesirable impacts upon communities.

4 Information and Resources. The committee shall seek input from the department of health and human services, which shall make available staff and such information as may be required. The committee shall also seek input from other knowledgeable sources, including but not limited to:

I. The New Hampshire Local Welfare Administrators Association.

II. The department of employment security.

III. New Hampshire Legal Assistance.

IV. The New Hampshire Municipal Association.

5 Chairperson; Meetings. 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. Six members of the committee shall constitute a quorum.

6 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 November 1, 1999.

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

1999-0200s

AMENDED ANALYSIS

This bill establishes a committee to study the impact of federal welfare reform on the cities and towns of New Hampshire.

Senator F. King moved to have SB 14, establishing a committee to study the financial impact of federal welfare reform on the cities and towns of New Hampshire, laid on the table.

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

SB 19, extending the reporting date of the state substance abuse treatment delivery system committee. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to pass with amendment, Senator Wheeler for the committee.

1999-0164s

01/09

Amend the bill by replacing section one with the following:

1 Reporting Date Extended; Interim Report. Amend 1998, 247:5 to read as follows:

247:5 [Report] Reports. 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, [1998] 2000, provided that the committee shall make an interim report on or before November 1, 1999.

1999-0164s

AMENDED ANALYSIS

This bill extends the reporting date of the state substance abuse treatment delivery system committee to November 1, 2000. The bill requires the committee to make an interim report on or before November 1, 1999.

SB 36-FN-A, relative to salary increases for care providers for persons with developmental and acquired disabilities and making an appropriation therefor. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Squires for the committee.

SB 118, relative to requirements for retail installment contracts for motor vehicle sales. Transportation Committee. Vote 5-0. Ought to Pass, Senator Trombly for the committee.

HB 112-FN-A, increasing the tobacco tax and imposing the tax on all types of tobacco products. Ways and Means Committee. Vote 5-2. Ought to pass with amendment, Senator F. King for the committee.

1999-0261s

09/03

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

AN ACT increasing the tobacco tax.

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] 62 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. 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 April 1, 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 Effective Date. This act shall take effect April 1, 1999.

1999-0261s

AMENDED ANALYSIS

This bill increases the tobacco tax by 25 cents.

Senator Fraser moved to have increasing the tobacco tax and imposing the tax on all types of tobacco products, laid on the table.

SB 21, relative to domestic animals. Wildlife and Recreation Committee. Vote 7-0. Ought to Pass, Senator Wheeler for the committee.

SB 37-FN, relative to fees for testing of domestic animals for disease. Wildlife and Recreation Committee. Vote 8-0. Ought to Pass, Senator Roberge for the committee.

SB 41, correcting a reference in provisions relating to hunting and fishing licenses for members of the armed forces. Wildlife and Recreation Committee. Vote 6-0. Ought to Pass, Senator Klemm for the committee.

Senator Trombly moved that the Rules of the Senate be so far suspended to dispense with a notice of a committee report in the Senate Calendar.

HB 284-L, relative to recount procedures in school districts. Public Affairs Committee. Vote 3-0. Ought to pass, Senator Krueger for the committee.

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

HB 284, relative to recount procedures in school districts.

Senator Disnard moved adoption.

Senator Cohen moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, all bills ordered to third reading be by this resolution read a third time and passed.

Senator Cohen moved that the business of the day being completed, that the Senate be in recess for the sole purpose of introducing legislation, printing of bills, referring bills to committee, scheduling committee hearings and enrolled bills reports and amendments and that when we adjourn we adjourn to the Call of the Chair.

SB 16, relative to revocation of wills by divorce.

SB 19, extending the reporting date of the state substance abuse treatment delivery system committee.

SB 21, relative to domestic animals.

SB 26, establishing a committee to study trustee process.

SB 38, relative to the optional term for election of a cooperative school district moderator.

SB 41, correcting a reference in provisions relating to hunting and fishing licenses for members of the armed forces.

SB 43, creating a commission to research making Hilton Park in the city of Dover property of that city.

SB 78, relative to contract requirements between a paid solicitor and a charitable trust.

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

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

SB 161-L, amending the contributory pension system for employees of the city of Manchester.

HB 284-L, relative to recount procedures in school districts.

HB 109-FN-A-LOCAL, establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 109 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committee.

HB 109-FN-A-LOCAL, establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor. (Finance)

Senator Johnson moved that the business of the day being completed moved that the Senate be in recess to the Call of the Chair.