SENATE

JOURNAL (convening day) (cont.)

January 5, 2000

Out of Recess.

Senator Fernald (Rule #44).

LATE SESSION

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Thursday, January 13, 2000 at 10:00 a.m.

Adopted.

Adjournment.

SENATE

JOURNAL 1

January 13, 2000

The Senate met at 10:00 a.m.

A quorum was present.

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

Lord of the grand design, give to each of us the wisdom to see the strategic floor plan of your loving desires for us. Grant us also the knowledge necessary to implement that plan with tactical maneuvers that will both honor you and will respect the dignity of every person we are called to serve. Amen.

Senator Disnard led the Pledge of Allegiance.

HOUSE MESSAGE

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

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

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

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

HOUSE MESSAGE

The House of Representatives has referred for Interim Study the following entitled Senate Bills sent down from the Senate:

SB 52, requiring insurance coverage for infertility treatments.

COMMITTEE REPORTS

HB 75, changing the number required for a quorum on the commission for human rights. Executive Departments and Administration Committee. Vote 5-0. Ought to pass, Senator Brown for the committee.

Adopted.

Ordered to third reading.

HB 448, relative to the board of dental examiners and the regulation of dentists and dental hygienists. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Trombly for the committee.

Adopted.

Ordered to third reading.

HB 553- FN-A, establishing a commission on the status of men. Executive Departments and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator Larsen for the committee.

2000-3034s

05/10

Amendment to HB 553-FN-A

 

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

AN ACT establishing a committee to study the status of men.

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

1 Committee Established. There is established a committee to study the status of men in the state.

2 Membership and Compensation.

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

(a) Three members of the house of representatives, 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.

3 Duties. The committee shall receive input from interested parties, and shall study but not be limited to the following:

I. Examining issues and effects of cultural biases and stereotyping beginning with childhood experiences and progress in public schools, and extending to include a study of male suicide and adult concerns such as family relations, promoting education and policies which bring fathers and children closer together.

II. Studying health problems unique to men or which predominantly affect men, and making appropriate recommendations.

III. Promoting initiatives and programs that will enable men to develop career skills and continue their education so that they become productive and responsible citizens.

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.

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, 2001.

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

2000-3034s

AMENDED ANALYSIS

This bill establishes a study committee to address the status of men in the state. The committee will address various issues of concern to men, including health problems unique to them, and personal development needs.

Amendment adopted.

Referred to the Finance Committee (Rule #24).

SB 136 - FN, allowing certain state employees to take paid leave to participate in disaster relief service work. Executive Departments and Administration Committee. Vote 4-1. Inexpedient to Legislate, Senator Cohen for the committee.

Senator Cohen moved to have SB 136 - FN, allowing certain state employees to take paid leave to participate in disaster relief service work, laid on the table.

Adopted.

LAID ON THE TABLE

SB 136 - FN, allowing certain state employees to take paid leave to participate in disaster relief service work.

SB 181-FN, relative to the licensure of geologists. Executive Departments and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator Cohen for the committee.

1999-2043s

10/09

Amendment to SB 181-FN

Amend RSA 310-A:118 as inserted by section 3 of the bill by replacing it with the following:

310-A:118 Definitions. In this subdivision:

  1. "Board" means the board of professional geologists.
  2. II. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state.

III. "Geology" means the science dealing with the study of the earth, its origin, history, physical features and content; the investigation and interpretation of the earth’s constituents including, but not limited to, its rocks, unconsolidated materials, minerals, solids, fluids, and gases, and of the natural and induced processes and forces acting on the earth; the geologic mapping of the earth’s constituents and features, and the results of various processes and forces that have acted on the earth; and the geological application of the information derived from such study in the furtherance of the health, safety and welfare of the public and the environment.

IV. "Licensed professional geologist" means a person who, by reason of advanced knowledge of geology and the supporting physical and life sciences, acquired by education and experience, is technically and legally qualified to engage in the practice of geology as defined in this section and has successfully passed the examination as may be required in this subdivision and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of the profession of geology.

V. "Practice of the profession of geology" or "practice of geology" means the performance of work defined as geology in this subdivision including, but not limited to researching, investigating, consulting, geological mapping, describing the natural processes that act upon the earth’s materials, predicting the probable occurrence of natural resources, predicting and locating natural or man-induced phenomena which may be useful or hazardous to mankind recognizing, determining and evaluating geological factors, and the inspection and performance of geological work and the responsible supervision thereof in furtherance of the health, safety, and welfare of the public and the environment. The term shall not include the application of geologic information in the identification or determination of engineered solutions to protect the health, safety, and welfare of the public and the environment. The term shall not include the practice of engineering, land surveying, architecture, soil science or wetland science for which separate licensure or certification is required.

VI. "Responsible charge of work" means the independent control, supervision and direction of work requiring the use of initiative, skill, and judgment.

Amend the section heading of RSA 310-A:121 as inserted by section 3 of the bill by replacing it with the following:

310-A:121 Rulemaking; Fees.

Amend RSA 310-A:124 and RSA 310-A:125 as inserted by section 3 of the bill by replacing them with the following:

310-A:124 Licensure No person shall practice professional geology or represent oneself as a professional geologist who is not licensed by the board or whose license expired, or was canceled, suspended or revoked, except as otherwise provided in this subdivision. Licensure to practice geology shall not be required until after the one-year period set forth in RSA 310-A:125, II has ended.

310-A:125 Requirements for Licensure as a Professional Geologist.

I.(a) Applicants for licensure as a professional geologist shall meet the ethical standards set forth in this subdivision and shall have committed no misconduct as set forth in RSA 310-A:133, II. In addition, each applicant shall have a bachelor's degree in geology or a bachelor’s degree in a related field which included 30 credit hours or 45 quarter hours in geology from an accredited 4-year college, or a master’s or doctoral degree from an accredited graduate program in geology, including but not limited to degrees or credit hours in geochemistry, geohydrology, geomorphology, geophysics, groundwater geology, hydrogeology, hydrology, marine geology, mineralogy, mining geology, paleontology, petrography/petrology, sedimentology/stratigraphy/historical geology, or water resources studies; and shall present evidence suitable to the board of at least 5 years of experience in the practice of geology, of which at least 3 years must have been under the supervision of a licensed professional geologist or a geologist who otherwise meets the requirements of a licensed professional geologist as determined by the board. Applicants meeting these ethics, education and experience requirements shall be eligible to sit for an examination to be administered by the board. Unless otherwise provided, applicants shall take the examination and receive a passing score.

(b) Experience in the practice of geology, obtained before the expiration of the period described in paragraph II of this section, may count towards the experience in the practice of geology under the supervision of a professional geologist required in subparagraph I(a) of this section if the supervising geologist met the education and experience qualifications of paragraph II at the time of the relevant experience. For purposes of this section, experience in the practice of geology does not include routine sampling, laboratory work or geological drafting.

(c) A completed academic year of graduate study in geology may be applied either towards a year of the experience requirement of this section up to a total maximum of 2 years, or to the education requirement of this section, but not both.

(d) A completed academic year of college or graduate level teaching in geology may be applied towards a year of the experience requirement of this section.

II. Following the effective date of the initial adoption by the board of rules under RSA 541-A, the board may issue licenses without examination to applicants whose applications for licensure have been received during a one-year period following the effective date of adoption of rules and who either meet the education and experience requirements of subparagraph I(a) of this section, or who provide evidence satisfactory to the board of knowledge and experience equivalent to such requirements.

III. Whenever information presented in an application for licensure or renewal is determined by the board to be incomplete or insufficient, the board may require additional information as necessary to determine if the application requirements of this section have been met.

Amend RSA 310-A:127 as inserted by section 3 of the bill by replacing it with the following:

310-A:127 Continuing Education. Evidence satisfactory to the board of the completion in each biennial renewal period of a minimum of 24 hours of continuing education shall be required for license renewal. The board shall identify the types of educational courses and activities that would further the professional competence of licensees. In general, the continuing education credits shall be determined on the basis of one credit for each contact hour of course instruction or professional development activity actually attended by a licensee.

Amend RSA 310-A:132 as inserted by section 3 of the bill by inserting after paragraph III the following new paragraph:

IV. If the renewal fee is not submitted within one year of the expiration date, an application for reinstatement shall be required and approved by the board to reinstate the license.

Amend RSA 310-A:133, I(b) as inserted by section 3 of the bill by replacing it with the following:

(b) Upon complaint of any person which charges that a person licensed by the board has committed misconduct under paragraphs II or III and which specifies the grounds therefor.

Amend RSA 310-A:135, V as inserted by section 3 of the bill by replacing it with the following:

V. If, after such hearing, the board finds that a violation has occurred, the board may:

(a) Reprimand, suspend, refuse to renew, or revoke any license or authorization to practice granted under this subdivision.

(b) Require a person to participate in a program of continuing education in the area or areas in which the person has been found deficient.

(c) Require a person to practice under direct supervision of a licensed professional geologist for a period of time specified by the board.

(d) Levy civil penalties for violations.

Amend RSA 310-A:139 as inserted by section 3 of the bill by replacing it with the following:

310-A:139 Exemptions; Practice of Professional Engineering.

I. Nothing in this subdivision shall be construed to prevent or affect:

(a) The practice of officers and employees of the government of the United states or the state while engaged within this state in the practice of geology for the federal government or the state.

(b) Work customarily performed by archeologists, chemists, geographers, or oceanographers, providing such work does not include the design and execution of geological investigation, being in responsible charge of geological work, or the drawing of geological conclusions and recommendations.

(c) The practice of engineering by a licensed engineer, the practice of architecture by a licensed architect, the practice of forestry by a licensed forester, the practice of land surveying by a licensed land surveyor, the practice of soil science by a certified soil scientist, or the practice of wetland science by a certified wetland scientist.

(d) The practice of geology by any person under the direct supervision and control of a professional geologist, provided such work does not include being in responsible charge of final geological reports or decisions.

(e) The practice of geology by any person in the employ of academic or research institutions, agencies of federal or state government, and not-for-profit research institutions.

II. Professional engineers, when engaged in the lawful practice of professional engineering under RSA 310-A, shall not be precluded from performing work which is defined in this subdivision as within the practice of the profession of geology, nor by a requirement that such work be performed by a professional geologist.

Amend the bill by replacing section 4 with the following:

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

Amendment adopted.

Referred to the Finance Committee (Rule #24).

SB 202-FN, relative to collective bargaining rights of public employees. Executive Departments and Administration Committee. Vote 4-1. Interim Study, Senator D'Allesandro for the committee.

Committee report of Interim Study is adopted.

SB 226-FN, relative to the real estate practice act and the powers and duties of the real estate commission. . Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

1999-2022s

10/01

Amendment to SB 226-FN

 

Amend the bill by replacing section 2 with the following:

2 Exempted Classes. Amend RSA 331-A:4 to read as follows:

331-A:4 Exempted Classes. The provisions of this chapter shall not apply to:

I. An owner, builder or tenant of real estate or to [his] regular employees with respect to property owned or leased by [him] the owner, builder, or tenant, or to a prospective purchaser or tenant of real estate or to [his] regular employees with respect to property sought to be acquired or leased by [him,] the purchaser or tenant; [or]

II. [to] An attorney in fact [under a duly executed power of attorney authorizing the consummation of a real estate transaction,];

III. [to] An attorney at law in the performance of [his] duties as an attorney[,]; [or]

IV. [to] An auctioneer selling at public auction[,]; [or]

V. [to] A public official in the conduct of [his] official duties[,]; [or]

VI. [to] A person or [his] the person’s regular employees while such person is acting as a receiver, trustee, administrator, executor, conservator, guardian, or fiduciary, or while acting under court order, or while acting under the authority of a will, trust instrument, or other recorded instrument containing a power of sale[,]; [or]

VII. [to] Any person owning or operating a park, including [his] the person’s regular employees, in which manufactured housing to be sold or leased is located, who may, for a fee or commission or other valuable consideration, list, sell, purchase, exchange or lease such manufactured housing without a license of a broker or salesman; or

VIII. A corporate consultant who receives a fee from a client based on site searching services rendered in accordance with a written contract, rather than on the completion of any particular transaction and who does not hold himself or herself out as a real estate broker;

Amend the bill by replacing sections 4 and 5 with the following:

4 Qualifications; Age of Applicant. Amend RSA 331-A:10, I to read as follows:

I. Has attained the age of [majority] 18 for salesperson applicant.

5 New Paragraph; Qualifications for Licensure; Course of Study. Amend RSA 331-A:10 by inserting after paragraph I the following new paragraph:

I-a. Has successfully completed an appropriate preparatory program of study in real estate practice, which has been approved by the commission. Salesperson applicants must show proof of completion of a 40 hour course of study, broker applicants must show proof of completion of 120 credit hour course of study. Applicants who are licensed in states which have previously entered into licensing reciprocity agreements with New Hampshire may waive the course requirements and apply for licensure as provided in RSA 331-A:22. Applicants licensed in other states may satisfy the course requirement by showing proof of completion of an appropriate course of study which has been approved by the commission of that state, and which involved a number of classroom hours equal to, or greater than, the New Hampshire requirement.

Amend the bill by replacing section 9 with the following:

9 New Paragraph; Escrow Accounts; Business or Personal Funds. Amend RSA 331-A:13 by inserting after paragraph VI the following new paragraph:

VII. A broker may deposit business or personal funds into an escrow account to cover service charges only, assessed to the account by the bank or depository where the account is located or to maintain a minimum balance in the account as required by the regulations of the bank or depository.

Amend the bill by replacing section 11 with the following:

11 New Paragraphs; Supervision of Real Estate Office. Amend RSA 331-A:16 by inserting after paragraph III the following new paragraphs:

IV.(a) All advertisements by an associate broker or salesperson shall include the regular business name and telephone number of the firm with which that person is associated, or the business name and telephone number of the employing broker in a prominent manner. These requirements shall apply to all categories of advertising including all publications, radio or television broadcasts, all electronic media including electronic mail and the Internet, business stationery, business and legal forms and documents, and signs and billboards.

(b) With the exception of business cards, any advertising which contains a home telephone number, cell-phone number, beeper or pager number, home fax number, or electronic mail address of an individual salesperson or associate broker, or a team of such licensees, shall also include the name and telephone number of the employing broker or brokerage firm through which the advertising licensees operate. All such advertising shall contain language identifying each number included in the advertising.

Amend the bill by replacing all after section 24 with the following:

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

1999-2022s

AMENDED ANALYSIS

This bill makes various changes to the real estate practice act and adds new requirements and new exemptions for persons regulated by the real estate commission. This bill also establishes standards for advertising.

Senator D’Allesandro moved to recommit.

Adopted.

SB 226-FN is recommitted to the Executive Departments and Administration Committee.

SB 96, relative to pre-approval of payment of medical services by workers' compensation insurers. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Wheeler for the committee.

Committee report of inexpedient to legislate is adopted.

SCR 2, urging the President and Congress to strengthen the finances of Social Security. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Wheeler for the committee.

Committee report of inexpedient to legislate is adopted.

Senator Larsen is in opposition to the motion inexpedient to legislate on SCR 2.

HB 228, clarifying permissible political expenditures. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Trombly for the committee.

Senator Trombly moved to have HB 228, clarifying permissible political expenditures, laid on the table.

Adopted.

LAID ON THE TABLE

HB 228, clarifying permissible political expenditures.

HB 251, relative to official ballot procedures. Public Affairs Committee. Vote 4-2. Ought to Pass, Senator Disnard for the committee.

Senator Disnard moved to recommit.

Adopted.

HB 251 is recommitted to the Public Affairs Committee.

HB 366, repealing the requirement that persons filing for a primary on the last day of the filing period do so in person. Public Affairs Committee. Vote 4-2. Ought to Pass, Senator Trombly for the committee.

Question is on the motion of ought to pass.

A roll call was requested by Senator Francoeur.

Seconded by Senator Trombly.

The following Senators voted Yes: Below, McCarley, Trombly, Disnard, Fernald, Larsen, J. King, D’Allesandro, Wheeler, Cohen.

The following Senators voted No: F. King, Gordon, Johnson, Fraser, Roberge, Eaton, Squires, Francoeur, Krueger, Brown, Russman, Klemm.

Yeas: 10 - Nays: 12

Motion failed.

Senator Francoeur moved inexpedient to legislate.

Question is on the motion of inexpedient to legislate.

A roll call was requested by Senator Trombly.

Seconded by Senator Francoeur.

The following Senators voted Yes: F. King, Gordon, Johnson, Fraser, Roberge, Eaton, Squires, Francoeur, Krueger, Brown, Russman, Klemm.

The following Senators voted No: Below, McCarley, Trombly, Disnard, Fernald, Larsen, J. King, D’Allesandro, Wheeler, Cohen.

Yeas: 12 - Nays: 10

Adopted.

HB 366 is inexpedient to legislate.

HB 422, relative to advertising by rent-to-own businesses. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Krueger for the committee.

1999-2269s

03/09

Amendment to HB 422

 

Amend RSA 358-P:5, I as inserted by section 1 of the bill by replacing it with the following:

I. If an advertisement for a rent-to-own agreement refers to or states the dollar amount of [a periodic payment for a specific] an initial, periodic, or final payment or offers a free initial, periodic, or final payment for any item and refers to or states the right to acquire ownership of the item, then for such item the advertisement shall also clearly and conspicuously state the following:

(a) That the transaction advertised is a rent-to-own agreement.

(b) The total number and total amount of periodic payments necessary to acquire ownership of the item or a representative sample of the total number and total amount of periodic payments for each category of items in the advertisement.

(c) That the consumer acquires no ownership rights unless the total amount necessary to acquire ownership is paid.

Amend the bill by replacing section 2 with the following:

2 Effective Date. This act shall take effect January 1, 2001.

1999-2269s

AMENDED ANALYSIS

This bill expands the restrictions on advertising by rent-to-own businesses to include advertisements that refer to a dollar amount of an initial, periodic, or final payment or offer a free initial, periodic, or final payment. This bill also permits such advertisements to include representative samples of total payments instead of total payments for each item advertised.

Amendment adopted.

Ordered to third reading.

 

SB 84, relative to eligibility for welfare benefits. Public Institutions, Health and Human Services Committee. Vote 4-0. Inexpedient to Legislate, Senator Krueger for the committee.

Committee report of inexpedient to legislate is adopted.

HJR 6, encouraging the revitalization of the northern rail line from Concord to Lebanon. Transportation Committee. Vote 6-0. Ought to pass with amendment, Senator Below for the committee.

2000-3019s

04/10

Amendment to HJR 6

 

Amend the resolution by replacing the title of the resolution with the following:

A RESOLUTION encouraging the revitalization of the northern rail corridor from Concord to Lebanon and recognizing its interim recreational uses.

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

Whereas, between 1835 and the early 1900’s, railroad surveys were completed, charters granted, and construction completed creating over 1,200 miles of corridors of commerce, opening the state of New Hampshire for economic and recreational development, creating many towns and providing sustenance and opportunity for hundreds of thousands of New Hampshire citizens; and

Whereas, the country and the world are experiencing extraordinary growth of new technology rail transportation systems, to convey both freight and passengers in a most environmentally friendly, safe, and economic manner; and

Whereas, the establishment of a balanced multimodal transportation system is necessary to ensure 21st century industrial development, economic vitality, environmental sustainability, and competitive advantage for all residents and businesses; and

Whereas, the northern rail corridor is currently being utilized and enjoyed by many members of the public including snowmobilers, pedestrians, and bicyclists, for recreational purposes with economic benefit to the communities along the corridor; and

Whereas, the revitalization of the northern rail corridor between Concord and Lebanon with rail service would likely promote greater economic growth and development along the corridor and in communities beyond the corridor, and would likely help New Hampshire to achieve optimum economic development into the 21st century; now, therefore, be it

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

That the northern rail corridor from Concord to Lebanon be revitalized with active rail service and all appropriate industrial and commercial opportunities related thereto be developed in accordance with local master plans; and

That rail carriers, private corporations, state and federal governments, and all other interested parties be encouraged to work cooperatively toward the redevelopment of the northern rail corridor and toward identifying the issues necessary for such redevelopment; and

That it shall be the policy of the state of New Hampshire that the highest and best use of the northern rail corridor shall be to restore the rail line with active rail service, but that until such time as rail restoration is economically feasible, the corridor should be made available as a recreation trail for non-motorized users and snowmobiles; and

That a rail advisory council be organized to advise the commissioner of the department of transportation on railroad policy matters including revitalization of the northern rail line; and

That the recent study conducted by a group of students from the Tuck School of Business at Dartmouth College be utilized in any planning and viability studies associated with the revitalization of the rail line; and

That the house clerk send copies of this resolution to the governor, the speaker of the house, the senate president, the commissioner of the department of transportation, the commissioner of the department of resources and economic development, and the state library.

2000-3019s

AMENDED ANALYSIS

This house joint resolution encourages the revitalization of the northern rail line from Concord to Lebanon and recognizes its interim recreational uses.

Amendment adopted.

Ordered to third reading.

HB 542-FN-A, an act repealing the Legacies and Successions Tax. Ways and Means Committee. Vote 6-0. Ought to pass with amendment, Senator Brown for the committee.

1999-2090s

09/10

Amendment to HB 542-FN-A

 

Amend the bill by replacing section 2 with the following:

2 Effective Date. This act shall take effect July 1, 2001.

Amendment adopted.

Referred to the Finance Committee (Rule #24).

SB 46-FN, relative to the applicability of mooring permit requirements. Wildlife and Recreation Committee. Vote 2-0. Ought to pass with amendment, Senator Disnard for the committee.

1999-2254s

03/10

Amendment to SB 46-FN

 

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

2 Navigation; Mooring of Boats on Public Waters; Mooring Areas, Designation; Determination and Assignment. Amend RSA 270:68, I to read as follows:

I. The division shall[, after consultation with the office of state planning,] determine the need and suitable locations, size, and configuration for mooring areas. The director shall designate appropriate mooring areas and assign mooring sites within such designated areas to individuals not having legal access over land to such mooring area but who meet all other requirements of this subdivision and can demonstrate a need for a site in such area. All designated mooring areas shall be consistent with any existing master plans, zoning ordinances, wetlands conservation district ordinances, and capital improvements programs of the adjacent municipality.

3 New Section; Navigation; Mooring of Boats on Public Waters; Hearings to Require Permits. Amend RSA 270 by inserting after section 72-a the following new section:

270:72-b Hearings.

I. The commissioner of the department of safety shall adopt rules pursuant to RSA 541-A establishing procedures for the public hearing process contained in this section. For the purposes of adopting the initial set of rules required by this section the commissioner shall be authorized to adopt emergency rules as provided in RSA 541-A:18.

II. Any group of 25 or more residents or property owners of a town or towns in which a body of water of less than 500 acres is located may petition the commissioner of the department of safety to require mooring permits on the body of water.

III. The commissioner of the department of safety shall hold a public hearing to determine whether to grant a petition submitted pursuant to paragraph II. In determining whether to grant the petition, the commissioner shall take into consideration the following factors:

(a) The impact of moorings on the environment, the shoreline, and wildlife.

(b) The surface area of the body of water being considered.

(c) The use or uses which have been established on the body of water.

(d) The depth of the water.

(e) The amount of water-borne traffic.

(f) The necessity of ensuring access to and use of the body of water for all individuals and the right of those individuals to appropriate use of the public waters.

(g) Whether a determination is necessary to ensure the safety of persons and property.

IV. The commissioner of the department of safety shall hear all petitions in the vicinity of the body of water under consideration and shall schedule the hearing at a date and time which provides interested individuals with sufficient notice and an opportunity to be heard. If mooring permits are required on a body of water as a result of a hearing pursuant to this paragraph, the effective date of such requirement shall be no sooner than October 1 of the year in which the order is issued.

V. Any person aggrieved by a decision of the commissioner pursuant to this section may appeal to the commissioner for a review of the record and may appeal from such decision pursuant to RSA 541.

VI. Any mooring requirement on a body of water imposed pursuant to this section shall have the full force and effect as if enacted as law.

VII. The commissioner of the department of safety shall post any body of water on which mooring permits are required pursuant to this section.

4 Applicability.

I. Massabesic Lake is hereby exempted from the mooring permit requirements RSA 270:61, I, as amended by this act.

II. The mooring permit requirements RSA 270:61, I, as amended by this act, shall apply to the following public waters beginning January 1, 2001:

(a) Ayers Island Dam.

(b) Alton Power Dam(Wentworth Pond).

(c) Franklin Pierce Lake.

(d) Back Lake.

(e) Lovell Lake.

(f) McIndoes Reservoir.

(g) Goose Pond.

(h) Pine River Pond.

(i) Pleasant Lake.

(j) Webster Lake.

(k) Star Lake.

(l) Suncook Lakes.

III. The mooring permit requirements RSA 270:61, I, as amended by this act, shall apply to the following public waters beginning January 1, 2002:

(a) Northwood Lake (Suncook Pond).

(b) Barnstead Parade Dam.

(c) Spofford Lake.

(d) Highland Lake.

(e) Nubanusit Lake.

(f) MacDowell Reservoir.

(g) Great East Lake.

(h) Pawtuckaway Pond.

(i) Waukewan Lake.

(j) Silver Lake.

(k) Province Lake.

(l) Comerford Storage Dam.

IV. The mooring permit requirements RSA 270:61, I, as amended by this act, shall apply to the following public waters beginning January 1, 2003:

(a) Mascoma Lake.

(b) Bow Lake.

(c) Second Connecticut Lake.

(d) Conway Lake.

(e) Francis Lake.

(f) Merrymeeting Lake.

(g) Vernon Dam.

(h) First Connecticut Lake.

(i) Wentworth Lake.

(j) Moore Reservoir.

(k) Umbagog Lake.

5 Effective Date. This act shall take effect January 1, 2001.

2254s

AMENDED ANALYSIS

This bill applies the mooring permit laws to all state-owned public waters of 500 acres or more, except Massabesic Lake. This bill also establishes a hearings process allowing residents or property owners to petition the commissioner of safety to require mooring permits on other bodies of water.

Amendment adopted.

Ordered to third reading.

 

SB 61, relative to the definition of ski craft. Wildlife and Recreation Committee. Vote 5-3. Inexpedient to Legislate, Senator McCarley for the committee.

Committee report of inexpedient to legislate is adopted.

SB 144, relative to qualifications for members of the fish and game commission. Wildlife and Recreation Committee. Vote 2-0. Inexpedient to Legislate, Senator D'Allesandro for the committee.

Question is on the motion of inexpedient to legislate.

A roll call was requested by Senator Disnard.

Seconded by Senator Trombly.

The following Senators voted Yes: F. king, Gordon, Johnson, Fraser, Below, McCarley, Trombly, Disnard, Eaton, Squires, Francoeur, Larsen, Krueger, Brown, J. King, Russman, D’Allesandro, Klemm.

The following Senators voted No: Roberge, Fernald, Wheeler.

Yeas: 18 - Nays: 4

Committee report of inexpedient to legislate is adopted.

SUSPENSION OF THE RULES

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

Adopted by the necessary 2/3 vote.

SB 210-FN-L, relative to payment by the state for certain court-ordered placements of special education students.

Senator Gordon moved ought to pass.

Adopted.

Referred to the Finance Committee (Rule #24).

HOUSE MESSAGE

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

SB 89-L, relative to library trustees.

senate noncurs and requests a committee of conference

SB 89-L, relative to library trustees.

Senator Cohen moved to noncur and requests a Committee of Conference.

Adopted.

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

SENATORS: Brown, Trombly, J. King

HOUSE MESSAGE

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

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

senate concurs with house amendment

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

Senator D'Allesandro moved to concur.

Adopted.

HOUSE MESSAGE

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

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

senate concurs with house amendment

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

Senator Disnard moved to concur.

Adopted.

HOUSE MESSAGE

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

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

senate concurs with house amendment

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

Senator Squires moved to concur.

Adopted.

 

HOUSE MESSAGE

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

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

senate concurs with house amendment

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

Senator Wheeler moved to concur.

Adopted.

MOTION TO VACATE

Senator Cohen moved to have SB 303, relative to campaign contributions by corporations, vacated from the Executive Departments and Administration Committee to the Public Affairs Committee.

Adopted.

HOUSE MESSAGE

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

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

senate concurs with house amendment

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

Senator Below moved to concur.

Adopted.

RESOLUTION

Senator Cohen moved that the Senate now adjourn from the early session and that the business of the last 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.

Adopted.

RESOLUTION

LATE SESSION

Senator Cohen moved that the Senate be in recess for the purpose of House Messages, introduction of bills, Enrolled Bills Reports and amendments, and that when we adjourn, we adjourn until Thursday, February 3, 1999 at 1:00 p.m.

Adopted.

Third Reading and Final Passage

SB 46-FN, relative to the applicability of mooring permit requirements.

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

HB 422, relative to advertising by rent-to-own businesses.

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

HJR 6, encouraging the revitalization of the northern rail line from Concord to Lebanon.

In Recess.