Out of Recess.

2000-4511-EBA

04/01

Enrolled Bill Amendment to SB 376

The Committee on Enrolled Bills to which was referred SB 376

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction to the amending language in section 3 of the bill.

Amend the bill by replacing line 1 of section 3 with the following:

3 Municipal Electric, Gas, or Water Systems; Authority to Determine Consequential Damages. Amend RSA 38:33 to read as follows:

Senator Trombly moved adoption.

2000-4531-EBA

08/01

Enrolled Bill Amendment to SB 143-FN

The Committee on Enrolled Bills to which was referred SB 143-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 to section 3 of the bill.

Amend section 3 of the bill by replacing line 5 with the following:

years and a minimum which is not to exceed ½ the maximum. Notwithstanding the provisions of this

Senator Trombly moved adoption.

2000-4538-EBA

03/01

Enrolled Bill Amendment to HB 1316-LOCAL

The Committee on Enrolled Bills to which was referred HB 1316-LOCAL

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 to the title of the bill.

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

Senator Trombly moved adoption.

2000-4510-EBA

04/10

Enrolled Bill Amendment to HB 1541-FN-LOCAL

The Committee on Enrolled Bills to which was referred HB 1541-FN-LOCAL

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 for consistency in a statutory reference in the bill.

Amend RSA 166:19-a, II as inserted by section 2 of the bill by replacing line 1 with the following:

II. The funeral director or the person who paid for the funeral and burial or cremation

Senator Trombly moved adoption.

2000-4534-EBA

08/10

Enrolled Bill Amendment to HB 1606-FN

The Committee on Enrolled Bills to which was referred HB 1606-FN

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction to the bill, and corrects a bill section reference in section 3 of the bill.

Amend RSA 12-J:3 as inserted by section 2 of the bill by replacing it with the following:

12-J:3 Duties. The duties of the commission shall be to:

I. Develop and revise, as necessary, a statewide plan for the effective prevention of alcohol and drug abuse, particularly among youth, and a comprehensive system of intervention and treatment for individuals and families affected by alcohol and drug abuse. The statewide plan shall:

(a) Identify the causes, nature and scope, and the impact of alcohol and drug abuse in New Hampshire.

(b) Identify and prioritize unmet needs for prevention, intervention, and treatment.

(c) Recommend initiatives to reduce the incidence of alcohol and drug abuse in New Hampshire.

(d) Identify and quantify public and private resources available to support alcohol and drug abuse prevention, intervention and treatment.

(e) Specify additional resources necessary to address unmet needs for prevention, intervention, and treatment.

(f) Specify evaluation and monitoring methodology.

II. Promote collaboration between and among state agencies and communities to foster the development of effective community-based alcohol and drug abuse prevention programs.

III. Promote the development of treatment services to meet the needs of citizens addicted to alcohol or other drugs.

IV. Identify unmet needs and the resources required to reduce the incidence of alcohol and drug abuse in New Hampshire and to make recommendations to the governor regarding legislation and funding to address such needs.

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

in section 2 of this act on or before January 1, 2001.

Senator Trombly moved adoption.

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

SB 431, relative to certain secondary vocational education programs.

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

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 1369-FN-L, clarifying authority to regulate asbestos.

HB 1469, establishing a department of youth development services, advisory board, and relative to changing the name of juvenile services officers.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 1369-1469 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 1369-FN-L, clarifying authority to regulate asbestos. Environment

HB 1469, establishing a department of youth development services, advisory board, and relative to changing the name of juvenile services officers. Judiciary

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Thursday, May 18, 2000 at 10:00 a.m.

The Senate met at 10:00 a.m.

A quorum was present.

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

Senator F. King led the Pledge of Allegiance.

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

SB 310, relative to New Hampshire state-chartered banks and interstate banking.

SB 316, relative to "most favored nation" or "equally favored nation" provisions in insurance provider contracts.

SB 318-FN, relative to proposed joint maintenance agreements.

SB 332, relative to risk-based capital for health organizations.

SB 367, establishing a prescription drug access study committee.

SB 392-FN, relative to the use of nonlapsed funds by the regional community-technical colleges.

SB 453, relative to the expending of legacies or gifts and the transfer of funds by the regional community-technical colleges.

SB 467, relative to the exemption from regulation of certain elevating devices.

SCR 5, a resolution urging the New England states and New York to consider cooperative strategies to address the challenge of high cost of prescription medicines.

SJR 1, a resolution concerning the status of the White Mountains National Forest within the U.S. Forest Service’s forest management plan.

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

SB 335, allowing physicians to make a report when a person is unfit to drive a motor vehicle.

SB 399-FN-A, making an appropriation to the fish and game department for the purposes of the wildlife damage control program.

SB 457, relative to the applicability of mooring permit requirements.

SB 460-FN, establishing a grant program to reimburse eligible districts served by municipal waste combustors.

SCR 7, urging the federal government to consider the impacts of New Hampshire and the smaller states of interstate waste legislation.

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

HB 304, relative to school employee and volunteer background investigations.

HB 521-L, providing a procedure to allow municipalities that have adopted the municipal budget act to override the 10 percent limitation imposed on appropriations not recommended by the budget committee.

HB 683-FN, requiring teachers and school administrators to report incidents of disruptive behavior by students.

HB 1124-L, relative to local building codes.

HB 1165-FN-L, reclassifying certain roads in the towns of Northfield, Tilton, and Waterville Valley, authorizing a certain district to issue bonds and notes and authorizing an overlay.

HB 1183, relative to consumer access to providers for the term of the consumer’s health benefit plan and relative to the committee studying certain financial arrangements.

HB 1377, prohibiting managed care organizations from disqualifying certain physicians as providers and relative to the duties of the joint health council.

HB 1424, relative to reevaluation of a person’s competency to stand trial.

HB 1431, relative to protective orders in domestic violence cases.

HB 1448, relative to the partition of real estate and division of property.

HB 1607, establishing a study committee to consider legislation reducing to zero the number of persons with development disabilities and persons with brain injuries in the state who are not receiving or have not received medicaid services.

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 72, exempting certain portions of Seabrook Beach Village District and certain portions of Hampton Beach from certain provisions of the excavating, filling, and construction permit laws.

SB 231, relative to termination of water service from a water utility in the town of Pittsfield.

SB 337-FN, requiring any new resident applying for a permanent driver’s license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations.

SB 345, relative to real estate transfers.

SB 359, establishing a committee to study the issues relative to manufactured housing parks in New Hampshire.

SB 406-FN-L, prohibiting the use of reformulated gasoline with watercraft on or in bodies of water that provide public water supplies.

SB 425-FN, relative to the private activity bond limit.

SB 432-FN-A, relative to state assistance for teachers applying for national board certification.

SB 437-FN, relative to retail selling.

SB 444-FN, relative to methadone maintenance treatment.

SB 461, establishing a committee to study the creation of a flag to honor all police departments in the state.

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

HJR 22, relative to the unintended consequences of the balanced Budget Act of 1997.

HB 312, relative to the carrying of firearms in a courthouse.

HB 427, relative to the laws requiring a prescription to possess hypodermic needles and modifying the drug paraphernalia laws applying to syringes.

HB 522, relative to the public’s access to sex offender registry information.

HB 1102, relative to accessibility of veterans’ disability payments in divorce cases.

HB 1107, relative to the duties of the oversight committee on telecommunications concerning telephone utility line use congestion.

HB 1130, relative to persons conducting alcohol concentration tests.

HB 1195, making technical changes to the law regulating acupuncture.

HB 1209, relative to the construction and reconstruction of class B and class C dams.

HB 1244, relative to the use of certain needle technology.

HB 1335, requiring hospitals to disclose certain information to the attorney general.

HB 1338, increasing the membership of the American and Canadian French cultural exchange commission.

HB 1457, establishing a committee to study all aspects of the condominium act established under RSA 356-B.

HB 1467, relative to the registration of mail-order pharmacies.

HB 1468, relative to the registration of pharmacy technicians.

HB 1562, establishing criminal penalties for violations of orders of protection under the child protection act.

SB 315, changing the form for writs of execution.

SB 360, adopting a pupil safety and violence prevention act.

Senator D’Allesandro moved adoption.

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

SB 320, relative to ratifying the Inter-Lakes Cooperative School district meeting held on March 8, 2000; and relative to ratifying the Plainfield School district annual meeting held on March 10, 2000.

HB 1560, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system.

Senator D'Allesandro moved adoption.

HB 1414, authorizing the department of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, promoting the use of less polluting marine engines by the state and others, extending the reporting date of the committee to study the requirements for usage of MTBE, requiring a certification of understanding by certain municipal electric utilities, and relative to ambient groundwater quality standards. Environment Committee. Vote 4-3. Ought to pass with amendment, Senator Wheeler for the committee.

2000-4452s

08/01

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

AN ACT authorizing the department of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, promoting the use of less polluting marine engines by the state and others, extending the reporting date of the committee to study the requirements for usage of MTBE, and requiring a certification of understanding by certain municipal electric utilities.

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

III. Therefore, the department of environmental services should aggressively pursue options for establishing consistent requirements for gasoline composition on a regional basis. The total environmental impacts on air and water of any proposed regional gasoline formulations should be carefully examined.

Amend the bill by deleting section 5 and renumbering the original section 6 to read as 5.

2000-4452s

AMENDED ANALYSIS

This bill:

I. Authorizes the commissioner of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, and to promote the usage of less polluting 4-cycle marine engines by the state and others.

II. Extends the report date for the committee to study requirements for and usage of methyl-t-butyl ether.

III. Requires that any municipal electric utility which, after January 1, 2000, acquires one or more plants for the manufacture of electricity shall, prior to such action, certify to the public utilities commission that it understands that by undertaking such action it will be subject to current and future environmental and safety regulations.

Senator Below offered a floor amendment.

2000-4582s

08/01

Floor Amendment to HB 1414

Amend RSA 38:37 as inserted by section 4 of the bill by replacing it with the following:

38:37 Municipal Electric Utility Certification of Understanding. Any municipal electric utility that after July 1, 2000, establishes, expands, takes, purchases, leases, or otherwise acquires one or more suitable plants for the manufacture of electricity and sale to customers beyond the bounds of the municipality in accordance with this chapter shall, prior to such action, certify to the chairperson of the public utilities commission that it understands that by undertaking such action it will be subject to all environmental and safety regulations regarding such plants, and that no future environmental or safety regulation of such plants shall in any way be construed as "new, expanded, or modified programs or responsibilities" under part 1, article 28-a of the state constitution.

2000-4582s

AMENDED ANALYSIS

This bill:

I. Authorizes the commissioner of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, and to promote the usage of less polluting 4-cycle marine engines by the state and others.

II. Extends the report date for the committee to study requirements for and usage of methyl-t-butyl ether.

III. Requires that any municipal electric utility which, after July 1, 2000, acquires one or more plants for the manufacture of electricity and sale to customers beyond the bounds of the municipality shall, prior to such action, certify to the public utilities commission that it understands that by undertaking such action it will be subject to current and future environmental and safety regulations.

IV. Provides that the commissioner of environmental services may consider cost effectiveness when setting ambient groundwater quality standards.

Senator Russman moved to have HB 1414, authorizing the department of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, promoting the use of less polluting marine engines by the state and others, extending the reporting date of the committee to study the requirements for usage of MTBE, requiring a certification of understanding by certain municipal electric utilities, and relative to ambient groundwater quality standards, laid on the table.

HB 1414, authorizing the department of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, promoting the use of less polluting marine engines by the state and others, extending the reporting date of the committee to study the requirements for usage of MTBE, requiring a certification of understanding by certain municipal electric utilities, and relative to ambient groundwater quality standards.

Senator Gordon served notice of reconsideration on HB 1627, relative to the exchange of certain land in the town of Rindge.

HB 1510-FN, relative to establishing a medical savings account plan for providing state employee health care benefits. Insurance Committee. Vote 5-3. Inexpedient to Legislate, Senator Wheeler for the committee.

HB 1548-FN, abolishing the death penalty. Judiciary Committee. Vote 5-1. Ought to Pass, Senator Cohen for the committee.

Senator Russman is in opposition to the motion of ordering to third reading on HB 1548-FN.

HB 417-FN-A, relative to the rehabilitation of the Walker building at New Hampshire hospital and making an appropriation therefor. Capital Budget Committee. Vote 5-1. Ought to pass with amendment, Senator Larsen for the committee.

2000-4507s

05/09

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

AN ACT authorizing the department of transportation to engage an architectural firm to design an office complex and develop bid specifications for the conversion of the Walker building at New Hampshire hospital; making a bonded appropriation for the cost of the Walker building project and providing a funding option for the state treasurer regarding funding the project; and extending the lapse date of the appropriation for the Plaistow district court design.

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

1 New Hampshire Hospital; Walker Building. To provide for the design, rehabilitation and reconstruction of the New Hampshire Hospital Walker building, the department of administrative services, in conjunction with the department of transportation, shall engage an architectural firm to design the office complex and develop bid specifications for the conversion of the Walker building, including a parking plan.

2 Appropriation; Bonds Authorized.

I. The sum not to exceed $12,600,000 is hereby appropriated to the department of administrative services for the purpose of the design, rehabilitation, and reconstruction of the Walker building at New Hampshire hospital authorized in section 1 of this act.

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 $12,600,000 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 rents to be paid by non-general-fund agencies occupying the Walker building. The bonds shall be 20-year bonds.

3 Expenditures. The appropriations made for the program outlined in section 1 for this project shall be expended by the commissioner of administrative services, provided that all contracts and project plans and specifications therefore shall be awarded in accordance with the provisions of RSA 228. The department of administrative services shall have responsibility for the administration of the Walker building, including the determination of appropriate rents to be paid by an agency occupying the Walker building.

4 Plaistow District Court Design; Lapse Date Extended to 2001. Amend 1998, 226:4 to read as follows:

226:4 Lapse Date Extended; Plaistow District Court; Department of Administrative Services. The appropriation made to the department of administrative services, division of plant and property management, bureau of court facilities, for the Plaistow district court design in 1993, 359:1, II, B, 2 as extended by 1994, 171:1 and as extended by 1996, 257:5 shall not lapse until June 30, [2000] 2001.

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

2000-4507s

AMENDED ANALYSIS

This bill:

I. Authorizes the department of transportation to engage an architectural firm to design an office complex and develop bid specifications for the conversion of the Walker building at New Hampshire hospital.

II. Makes a bonded appropriation for the cost of the Walker building project, and provides a funding option for the state treasurer regarding funding the project.

III. Extends the lapse date of the appropriation for the Plaistow district court design.

HB 1471, relative to the department of employment security's power to approve building projects. Capital Budget Committee. Vote 6-0. Ought to pass with amendment, Senator Russman for the committee.

2000-4512s

05/10

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

1 Capital Expenditures; Purchase or Lease Purchase Agreements. Amend RSA 282-A:112, IV to read as follows:

IV. For the purpose of establishing and maintaining free public employment offices, the commissioner is authorized, [notwithstanding any other provision of law] except as provided in paragraph V, with the approval of the governor and council, to enter into purchase or lease purchase agreements.

2 New Paragraph; Capital Expenditures; Consent Required. Amend RSA 282-A:112 by inserting after paragraph IV the following new paragraph:

V. Notwithstanding any provision of the law to the contrary, the consent of the capital budget overview committee, established in RSA 17-J, shall be required for all agreements exceeding $50,000 for:

(a) Acquisition of land or existing buildings;

(b) New construction;

(c) An addition to an existing facility; or

(d) An improvement or repair to a facility which exceeds routine maintenance.

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

2000-4512s

AMENDED ANALYSIS

This bill requires the department of employment security to receive the approval of the capital budget overview committee when entering into purchase or lease purchase agreements exceeding $50,000 for acquisition, construction, renovation or improvement.

HB 413-FN-A, relative to the renovation of regional vocational education centers, and making an appropriation therefor. Education Committee. Vote 8-1. Ought to pass with amendment, Senator Larsen for the committee.

2000-4553s

04/01

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

1 Statement of Policy. It is hereby declared to be the policy of the state of New Hampshire to support the funding of the state’s regional vocational education centers within the capital budget or legislative funding process. Established as state facilities with the adoption of RSA 188-E in 1973, these regional vocational education centers require renovation for the state to maintain the highest level of offerings for its vocational/technical education students.

2 Regional Vocational Education; Appropriation for Renovation and Expansion; Approval and Funding. RSA 188-E:10 is repealed and reenacted to read as follows:

188-E:10 Funding for Renovation and Expansion.

I. The treasurer of the state of New Hampshire is hereby authorized to make funds available to the department of education for the renovation and expansion of regional vocational education centers or regional vocational education programs provided that:

(a) The commissioner of the department of education shall ensure that all requests submitted are both educationally and financially appropriate;

(b) The commissioner of the department of education submits on a biennial basis in a capital budget request a priority list of facilities and programs eligible for renovation and expansion;

(c) Each school district requesting funds from the department of education establishes and funds a renovation and expansion reserve fund, which shall be used by the school district to pay renovation and expansion costs not funded by the state, and which may include funding for the replacement of equipment; and

(d) The state shall fund not less than 75 percent of the cost of a project approved pursuant to this section. A school district may request additional state funding in an amount not to exceed 100 percent of the cost of the approved project, provided the school district demonstrates special circumstances which may prevent it from obtaining local funding necessary to complete the project.

II. The renovation and expansion reserve funding required by subparagraph I(c) may be funded through local community funds, vocational education tuition payments, gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, organizations, or institutions.

III. The provisions of this section shall not constitute the exclusive procedure for obtaining approval of a project. Nothing in this section shall be construed to prevent a school district or the department of education from independently pursuing approval of a project through the legislative process.

3 Regional Vocational Education; Tuition Payments Clarified. Amend RSA 188-E:7 to read as follows:

188-E:7 Tuition. The department of education is authorized to pay from its regular budget tuition for full or part-time students, attending programs at designated vocational centers or designated vocational educational courses at other comprehensive high schools, whose residence is in a district where the high school of normal attendance does not offer a similar vocational education course. The liability of the state and local school districts for tuition shall be determined by the state board under rules adopted pursuant to RSA 541-A, provided that a receiving district may charge a student from a sending district, and the department shall reimburse, a tuition amount not to exceed 100 percent of the receiving district’s vocational education tuition amount, and that the receiving district shall deposit not less than 25 percent of vocational education tuition amounts collected into its capital reserve account to be used for vocational centers and equipment.

4 Applicability; Funding Limitation. Any regional vocational education center or regional vocational education program which received approval from the state board of education for initial construction before July 1, 1997 and which has not commenced construction prior to the effective date of this act shall be exempt from the provisions of RSA 188-E:10, I(c). This exemption shall not apply to any other cost-sharing requirements of RSA 188-E or rules of the department of education.

5 Effective Date.

I. Section 3 of this act shall take effect July 1, 2001.

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

HB 1224, relative to the process for nonrenewal of teacher contracts. Education Committee. Vote 6-3. Inexpedient to Legislate, Senator D'Allesandro for the committee.

HB 1270-FN-L, relative to charter schools and open enrollment districts. Education Committee. Vote 7-2. Interim Study, Senator Gordon for the committee.

HB 1521-FN-L, relative to the definition and administration of an adequate education. Education Committee. Vote 5-4. Ought to pass with amendment, Senator McCarley for the committee.

2000-4552s

04/01

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

AN ACT establishing a procedure for providing educational improvement assistance to local school districts and making an appropriation therefor.

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

1 New Paragraph; Adequate Public Education; Policy and Purpose Amended. Amend RSA 193-E:1 by inserting after paragraph II the following new paragraph:

III. Realizing that the delivery and improvement of education is the primary responsibility of the local school district, it is imperative that parents and other members of the community be actively involved in planning, implementing, and evaluating locally-developed instructional programs. Therefore, it is also the purpose of this chapter to assist school districts in identifying and using quality standards to determine and report widely on the effectiveness of the educational approaches used to meet student needs. Furthermore, in light of the shared responsibility between state and local government to provide an adequate education, it is the purpose of this chapter to establish processes by which school districts may request educational improvement assistance from the state and to authorize the department of education to deliver such assistance.

2 Adequate Public Education; Delivery of an Adequate Public Education; Local Educational Improvement Plan. RSA 193-E:3 is repealed and reenacted to read as follows:

193-E:3 Delivery of an Adequate Education. In order to implement New Hampshire’s policy of providing all students with the opportunity to acquire an adequate education, each school district shall put in place and evaluate the assessment and performance indicators outlined in this section, which shall be collectively known as quality standards.

I. By June 30, 2002, and every 3 years thereafter, each school district, through a process involving parents, teachers, employers, and other community members, shall prepare and implement a local education improvement and assessment plan which shall be aligned with the statewide education improvement and assessment program established in RSA 193-C, and which shall be designed to improve student achievement within each school in the district. Each such plan shall be filed with the department of education. The department of education shall comment to the district on the plan in a timely fashion. At a minimum, the plan shall include the following assessment and performance indicators:

(a) Curriculum and proficiency standards for all students.

(b) School and district performance goals based on reported data on educational indicators listed in paragraph II.

(c) Procedures for aligning curriculum, instructional practices, and student and programmatic assessments, including annual reporting of results.

(d) Local assessment measures which focus on individual student performance.

(e) Role of support services and programs.

(f) Role of instructional leadership.

(g) Strategies to promote family and community involvement; and

(h) Staff supervision and evaluation and performance-based professional development.

II.(a) Each school district shall annually demonstrate that it has met or exceeded its own school and district indicators for achievement or improvement established by the school district in accordance with rules adopted by the state board of education.

(b) By July 15, 2000, each school district shall report to the department of education its data for the previous school year on its school and district performance indicators. The requirements for data keeping and the form of the report shall be established in accordance with rules adopted by the state board of education. Performance indicators shall include the following areas:

(1) Attendance and dropout rates.

(2) School environment indicators, such as safe-school data.

(3) Proportion of graduating students going on to post-secondary education, military service, and the workplace; and

(4) Performance on state tests administered pursuant to RSA 193-C and other standardized tests administered at local option.

(c) In addition, local districts shall report on locally developed performance indicators and assessment measures.

III. Each public elementary, middle, junior high, and high school in the school district shall meet the standards for school approval adopted by the state board of education.

IV. Beginning December 1, 2002, and annually thereafter, the commissioner of education shall determine the extent to which each school district is meeting its quality standards established pursuant to paragraphs I, II, and III of this section. A school district that meets or exceeds its quality standards shall be recognized in accordance with RSA 193-E:4, II. A school district that does not meet its quality standards shall be designated by the commissioner of education as a school district in need of assistance. Each year, the commissioner of education shall provide a report of such determinations to the governor and council, state board of education, speaker of the house, president of the senate, and chairs of the house and senate committees responsible for education and finance.

V. Beginning no later than December 1, 2000, and annually thereafter, the department of education shall issue a report on the condition of education statewide and on a district-by-district and school-by-school basis. This report shall include demographic and student performance data including, but not limited to, school and district performance on state tests administered pursuant to RSA 193-C, other standardized tests administered at local option by at least 25 percent of school districts, data provided under paragraph I of this section, as well as other relevant statistics. Comparisons with state averages and with the condition of each district and school in comparison with previous years shall be provided, including, but not limited to, statewide rankings of each district and school on the state tests administered pursuant to RSA 193-C and on other standardized tests administered at local option by at least 25 percent of the school districts. The report shall be organized and presented in a manner that is easily understood by the public and that assists each school board with the identification of trends, strengths, and weaknesses and the development of its local education improvement and assessment plan.

3 New Sections; Adequate Public Education; Education Improvement Assistance to Local School Districts. Amend RSA 193-E by inserting after section 3 the following new sections:

193-E:4 Educational Assistance to Local School Districts.

I.(a) Within 60 days of the issuance of the annual report on the condition of education as provided in RSA 193-E:3, V each school board shall provide an opportunity for public discussion of the report at a meeting of the board called for the exclusive purpose of reviewing the report. At least 7 days advance public notice shall be given.

(b) Once a school district has implemented a local educational improvement and assessment plan pursuant to RSA 193-E:3, I, this plan shall be discussed at the public meeting provided for in subparagraph I(a) of this section.

II. A school district that has been identified pursuant to RSA 193-E:3, IV as meeting or exceeding its quality standards shall receive formal recognition from the state board of education and the governor. Any school district, school, or teacher that demonstrates a best practice worthy of recognition shall also receive formal recognition from the state board of education and the governor. Such school districts, schools, or teachers shall be eligible to apply for grants from the special projects and improvement fund administered by the department of education pursuant to RSA 193-E:8.

III.(a) A school board, in response to the annual report on the condition of education, may request from the department of education the assistance available under paragraph IV.

(1) If a school board requests assistance on behalf of a school district that has not been designated as a school district in need of assistance pursuant to RSA 193-E:3, IV, then the assistance requested under paragraph IV to be provided by the department of education shall be based on the availability of resources as determined by the commissioner of education.

(2) If a school board requests assistance on behalf of a school district that has been designated as a school district in need of assistance, then the school or district shall receive assistance from the department of education in accordance with subparagraph IV(a)(2).

(b) If a school board has received notice pursuant to paragraph VI, then the school district shall receive assistance from the department of education in accordance with subparagraph IV(a)(3).

IV. The department of education and the state board of education shall work cooperatively with school boards to provide assistance as follows:

(a)(1) Within 30 days of a school board’s request for assistance pursuant to subparagraph III(a)(1), the commissioner of education may appoint a quality assurance team to review the educational programming and effectiveness of the school district. In cooperation with local officials, the team shall prepare and present a report at a regularly scheduled public meeting of the local school board and to the state board of education. This report shall be issued within 4 months of the team’s appointment. Based on this report, the local school board and superintendent shall, within 6 months of the issuance of the report, prepare a corrective action plan and submit it to the state board of education for approval. If the plan is not approved, the local school board may revise the plan and resubmit it to the state board. The school board may decide to implement the corrective action plan on its own, through the use of a technical assistance advisor, or through the use of a peer review team. Any such decision shall be included in the corrective action plan.

(2) Within 30 days of a school board’s request for assistance pursuant to subparagraph III(a)(2), the commissioner of education shall appoint a quality assurance team to review the educational programming and effectiveness of the school district. In cooperation with local officials, the team shall prepare and present a report at a regularly scheduled public meeting of the local school board and to the state board of education. This report shall be issued within 4 months of the team’s appointment. Based on this report, the local school board and superintendent shall, within 6 months of the issuance of the report, prepare a corrective action plan and submit it to the state board of education for approval. The school board may decide to implement the corrective action plan on its own, through the use of a technical assistance advisor, or through the use of a peer review team. Any such decision shall be included in the corrective action plan.

(3) Within 30 days of the issuance of a notice to a school board pursuant to paragraph VI, the commissioner of education shall appoint a quality assurance team to review the educational programming and effectiveness of the school district. In cooperation with local officials, the team shall prepare and present a report at a regularly scheduled public meeting of the local school board and to the state board of education. This report shall be issued within 4 months of the team’s appointment. Based on this report, the local school board and superintendent shall, within 6 months of the issuance of the report, prepare a corrective action plan and submit it to the state board of education for approval. The school board may decide to implement the corrective action plan on its own, through the use of a technical assistance advisor, or through the use of a peer review team. Any such decision shall be included in the corrective action plan.

(b) If the state board of education does not approve a corrective action plan submitted in accordance with subparagraphs IV(a)(2) or IV(a)(3), then the commissioner of education shall work with the local school board and superintendent to revise the corrective action plan. If the local school board and superintendent do not revise the corrective action plan within 2 months or the state board of education does not approve the revised corrective action plan, then the commissioner of education shall submit in a timely manner a corrective action plan, including methods for implementing it, to the state board of education for approval without further action of the local school board.

(c) If an approved corrective action plan includes the use of a technical assistance advisor, then the commissioner of education shall appoint a technical assistance advisor who is authorized to access the state special projects and improvement fund to provide assistance to local school district staff in the implementation of the corrective action plan until the goals of the corrective action plan are met.

(d) If an approved corrective action plan includes the use of a peer review team, then the commissioner of education shall name a peer review team consisting of one person appointed by the chairperson of the local school board, one person appointed by the chairperson of the state board of education, and a third member chosen by the local school board and state board of education appointees to advise the school district’s superintendent and the local school board relative to the implementation of the corrective action plan until the goals of the corrective action plan are met.

V. If, by the time of the annual school district meeting or by April 30 in a city with a dependent school department, the school board of a school district in which a school district has been designated as a school district in need of assistance pursuant to RSA 193-E:3, IV has not submitted a request for assistance under paragraph III, then the legislative body of the school district may vote to direct the school board to submit a request for assistance under paragraph III. If a majority of the legislative body votes in favor of requesting assistance, then that assistance shall be requested and provided in accordance with paragraphs III and IV.

VI. A school board shall have one year from the date that a school district has been designated as a school district in need of assistance pursuant to RSA 193-E:3, IV to remedy identified problems at the local level. If the school district is designated as a school district in need of assistance and the school board does not request assistance under paragraph III within one year of such designation, then on December 1 of the year following the designation, if the school district continues to be designated as a school district in need of assistance, the commissioner of education shall issue a notice to the school board and shall initiate a process for providing assistance pursuant to subparagraph IV(a)(3), without further action of the school board.

193-E:5 Assistance to Local School Districts.

I. By June 30, 2002, and every 3 years thereafter, the state board of education through a process that provides opportunities for public input from parents, employers, educators, and other citizens shall review and update the statewide education improvement plan developed in accordance with RSA 193-C that describes how the department of education will help schools and school districts improve student achievement. The plan shall include goals and strategies for the delivery of technical assistance and professional development, the sharing of best practices, the modification or expansion of existing programs, and the establishment of new programs.

II.(a) Notwithstanding any other provisions of law, no later than June 30, 2003, and every 5 years thereafter, the state board of education shall review and update school approval standards based on input from parents, employers, educators and other citizens.

(b) The state board of education shall work with a joint select committee of the house and senate education committees, whose members shall be appointed by the speaker of the house and the president of the senate, to identify amendments that should be made to the school approval standards to reflect the provisions of RSA 193-E. Further, any proposed amendments shall consider the recommendations of the adequate education and education financing commission established in RSA 198:49 and should be reviewed by the house and senate education committees, which may submit comments on the proposed amendments to the state board of education. The state board of education shall consider such recommendations and comments in adopting amendments to the school approval standards pursuant to RSA 541-A.

III. Beginning no later than January 1, 2002 the commissioner of education shall ensure that the state curriculum frameworks adopted under RSA 193-C shall be reviewed on a staggered, 5-year cycle such that no more than 2 frameworks are being reviewed at the same time. In order to provide reliable annual comparisons of data at the school and district levels, the statewide improvement and assessment program shall be expanded to include more than the 3 grades required under RSA 193-C:6.

IV. No later than June 30, 2004, and every 3 years thereafter, the state board of education shall review, and update as necessary, the format and information included in the report required pursuant to RSA 193-E:3.

V. No later than January 1, 2001, the state board of education shall adopt rules, pursuant to RSA 541-A, establishing the requirements for data keeping and the form of the report as required in RSA 193-E:3, II.

VI. No later than June 30, 2001, the state board of education shall adopt rules for the development and implementation of the local education improvement and assessment plan required under RSA 193-E:3, I.

VII. No later than June 30, 2001, the state board of education shall adopt rules for the establishment of assessment and performance indicators required under RSA 193-E:3, II.

VIII. No later than December 1, 2002, the state board of education shall adopt rules, pursuant to RSA 541-A, for the approval of corrective action plans as required by RSA 193-E:4, IV(a).

IX. The department of education shall implement credible procedures to review compliance with school approval standards.

193-E:6 Legislative Oversight Committee.

I. An oversight committee shall be established consisting of:

(a) The chairperson of the house education committee, or a designee.

(b) The chairperson of the senate education committee, or a designee.

(c) One member of the house of representatives, appointed by the speaker of the house.

(d) One member of the senate, appointed by the senate president.

(e) One member of the house finance committee, appointed by the speaker of the house.

(f) One member of the senate finance committee, appointed by the senate president.

II. The chair of the oversight committee shall rotate biennially between the chairperson of the house education committee and the chairperson of the senate education committee. The first chairperson shall be the chairperson of the house education committee. A member shall only serve while a member of the general court. The members shall not be compensated but shall receive mileage at the legislative rate when carrying out their duties.

III. The oversight committee shall examine the goals, purposes, organization, operation, and financing of the state’s program to provide a constitutionally adequate education, and it shall evaluate and make recommendations for the continued provisions and improvement of the program.

IV. The oversight committee shall review the development and implementation of the program to ensure that they are in accordance with legislative policy.

V. The oversight committee shall submit a report to the general court by June 30, of each even-numbered year. Copies of the report shall be submitted to the governor, the senate finance and education committees, the house finance and education committees, the department of education, the department of revenue administration and to any other individual or organization as the committee deems advisable.

193-E:7 Special Projects and Improvement Fund. A special projects and improvement fund is hereby established in the department of education and continually appropriated to the department. The department of education shall use moneys appropriated for this fund to provide grants to school districts pursuant to RSA 193-E:4, II. The department of education shall also use moneys appropriated for this fund to support the implementation of approved corrective action plans. The technical assistance advisor assigned to work in school districts pursuant to RSA 193-E:4, IV(c) shall be authorized to access this fund in accordance with procedures established by the department of education.

4 Appropriation. The sum of $1 for the biennium ending June 30, 2001 is hereby appropriated to the department of education for the purposes of the special projects and improvement fund established in RSA 193-E:7 as inserted by section 3 of this act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

5 Repeal. RSA 194:23-d, relative to state financial aid to elementary schools and high schools which are approved by the state board of education, is repealed.

6 Effective Date. This act shall take effect July 1, 2000.

2000-4552s

AMENDED ANALYSIS

This bill establishes a procedure for the department of education to identify local school districts which are in need of assistance and to assist in improving the overall quality of educational programs and services offered by such districts. The bill also establishes a special projects and improvement fund within the department of education and appropriates $1 to this fund for the biennium ending June 30, 2001.

Senator Gordon is in opposition to HB 1521-FN-L.

HB 733, relative to a state master plan for the deployment of personal wireless service facilities. Energy and Economic Development Committee. Vote 6-1. Ought to pass with amendment, Senator Below for the committee.

2000-4537s

10/04

Amend the title of the bill to read as follows:

AN ACT relative to a state master plan for the deployment of personal wireless service facilities and establishing a committee to study state wireless communications policy.

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

1 New Chapter; Deployment of Personal Wireless Services Facilities. Amend RSA by inserting after chapter 21-I the following new chapter:

DEPLOYMENT OF PERSONAL WIRELESS

SERVICE FACILITIES

12-J:1 Goals; Purpose.

I. The federal Telecommunications Act of 1996 regulates the deployment of wireless services in the United States. Its purpose is to make these services available to the American people quickly and in a very competitive manner. Nothing in this chapter is intended to preempt the federal Telecommunications Act of 1996.

II. The visual effects of tall antenna mounts or towers may go well beyond the physical borders between municipalities, and should be addressed so as to require that all affected parties have the opportunity to be heard.

III. Carriers wishing to build personal wireless service facilities (PWSFs) in New Hampshire should consider commercially available alternative PWSFs to tall cellular towers, which may include the use of the following:

(a) Lower antenna mounts which do not protrude as far above the surrounding tree canopies.

(b) Disguised PWSFs such as flagpoles, artificial tree poles, light poles, and traffic lights, which blend in with their surroundings.

(c) Camouflaged PWSFs mounted on existing structures and buildings.

(d) Custom designed PWSFs to minimize the visual impact of a PWSF on its surroundings.

(e) Other available technology.

IV. A PWSF map is necessary to allow for the orderly and efficient deployment of wireless communication services in New Hampshire, and so that local communities have adequate information with which to consider appropriate siting and options to mitigate the visual effects of PWSFs.

V. Municipalities will benefit from state guidance regarding provisions to be considered in zoning ordinances relative to the deployment of wireless communications facilities, including one or more model ordinances.

VI. Nothing in this chapter shall be construed as altering any municipal zoning ordinance, and this chapter itself shall not be construed as a zoning ordinance.

12-J:2 Definitions. In this chapter:

I. "Antenna" means the equipment from which wireless radio signals are sent and received by a PWSF.

II. "Average tree canopy height" means the average height found by inventorying the height above ground level of all trees over a specified height within a specified radius.

III. "Camouflaged" means for a personal wireless service facility one that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure.

IV. "Carrier" means a person that provides personal wireless services.

V. "Director" means the director of the office of state planning.

VI. "Disguised" means, for a PWSF, designed to look like a structure which may commonly be found in the area surrounding a proposed PWSF such as, but not limited to, flagpoles, light poles, traffic lights, or artificial tree poles.

VII. "Equipment shelter" means an enclosed structure, cabinet, shed vault, or box near the base of a mount within which are housed equipment for PWSFs such as, batteries and electrical equipment.

VIII. "Height" means the height above ground level from the natural grade of a site to the highest point of a structure.

IX. "Mount" means the structure or surface upon which antennas are mounted and include roof-mounted, side-mounted, ground-mounted, and structure-mounted types.

X. "Municipality" means any city, town, unincorporated town, or unorganized place within the state.

XI. "Personal Wireless Service Facility" or "PWSF" or "facility" means any "PWSF" as defined in the federal Telecommunications Act of 1996, 47 U.S.C. section 332(c)(7)(C)(ii), including facilities used or to be used by a licensed provider of personal wireless services.

XII. "Personal Wireless Services" means any wireless telecommunications services, and commercial mobile services including cellular telephone services, personal communications services, and mobile and radio paging services as defined in the federal Telecommunications Act of 1996, 47 U.S.C. section 332 (c)(7)(C)(i).

XIII. "Radio frequency radiation" means the emissions from personal wireless service facilities.

12-J:3 Wireless Carriers Doing Business in this State. All wireless carriers or their appointed agents doing business, or seeking to do business, in this state shall:

I. Be allowed to construct new ground-mounted PWSFs, provided that these PWSFs comply with municipal regulations for maximum height or maximum allowed height above the average tree canopy height, subject to any exceptions, waivers, or variances allowed or granted by the municipality.

II. Comply with all applicable state and municipal land use regulations.

III. Comply with all federal, state and municipal statutes, rules and regulations, including federal radio frequency radiation emission regulations and the National Environmental Policy Act of 1969, as amended.

IV. Provide information at the time of application to construct an externally visible PWSF, or prior to construction if no approval is required, to the municipality in which the facility is to be constructed and to the office of state planning, as follows:

(a) A copy of their license from the Federal Communications Commission (FCC) proving that they are eligible to deploy their systems in this geographical area and that this deployment falls under the jurisdiction of the federal Telecommunications Act of 1996; or a copy of their contract with a person with such a license, and a copy of that license.

(b) Upon request, detailed maps showing all of the carrier’s current externally visible tower and monopole PWSF locations in the state within a 20 mile radius of the proposed externally visible PWSF, both active and inactive.

(c) Upon request, site descriptions for each of the above locations showing the antenna height and diameter, and showing all externally visible structures.

(d) Upon request, a description of why less visually intrusive alternatives for this facility were not proposed.

12-J:4 Payment of Costs. A wireless carrier seeking approval to deploy a wireless communication facility may be required to pay reasonable fees, including regional notification costs, imposed by the municipality in accordance with RSA 676:4, I(g).

12-J:5 Fall Zones. Zoning ordinances may include provisions for fall zones for PWSFs to the extent necessary to protect public safety.

12-J:6 Personal Wireless Services Facilities Map. The director of the office of state planning shall develop a personal wireless service facilities map for the state. This map shall include all externally visible tower and monopole PWSF locations in the state, both active and inactive, for all carriers. This map shall also include for each of the above locations a site description as described in RSA 12-J:3, IV(c). Upon request of the director, any wireless carrier or its appointed agent doing business in this state shall provide a map of all of its existing externally visible tower and monopole PWSF locations in the state and a site description of each as described in RSA 12-J:3, IV(c).

12-J:7 Regional Notification.

I.(a) Any municipality or state authority or agency which receives an application to construct a PWSF which will be visible from any other New Hampshire municipality within a 20 mile radius shall provide written notification of such application and pending action to such other municipality within the 20 mile radius.

(b) This notification shall include sending a letter to the governing body of the municipality within the 20 mile radius detailing the pending action on the application and shall also include publishing a notice in a newspaper customarily used for legal notices by such municipality within the 20 mile radius, stating the specifics of the application, the pending action, and the date of the next public hearing on the application. Such notice shall be published not less than 7 days nor more than 21 days prior to the public hearing date.

II.(a) Any person, prior to constructing a new PWSF in any location where no approval is required but which will be visible from any other New Hampshire municipality within a 20 mile radius, shall provide written notification of such planned construction to such other municipality within the 20 mile radius.

(b) This notification shall include sending a letter to the governing body of the municipality within the 20 mile radius detailing the planned construction and shall also include publishing a notice in a newspaper customarily used for legal notices by such municipality within a 20 mile radius, outlining the planned construction.

III. Municipalities within the 20 mile radius described in paragraphs I or II and their residents shall be allowed to comment at any public hearing related to the application. Regional notification and comments from other municipalities or their residents shall not be construed to imply legal standing to challenge any decision.

12-J:8 Model Ordinances and Guidance. The director of the office of state planning shall develop a set of model municipal ordinances relative to the deployment of personal wireless communications facilities. Prior to development, the director shall hold one or more public hearings and solicit comments from interested parties. The office of state planning shall provide a copy of the set of model ordinances to any New Hampshire municipality that requests it.

12-J:9 Rulemaking. The director of the office of state planning, after holding a public hearing, shall adopt rules under RSA 541-A as necessary to implement this act and to provide sufficient information to municipalities, other state agencies, wireless companies doing business or seeking to do business in this state, and the public.

2 Committee Established. There is established a committee to study state wireless communications policy.

3 Membership and Compensation.

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

(a) At least 3 but not more than 5 members of the senate, appointed by the president of the senate.

(b) Five members of the house of representatives, appointed by the speaker of the house. The speaker of the house may also appoint up to 5 additional house members as alternates, if deemed appropriate.

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 review state policies regarding the use of state lands, state right-of-ways, state buildings, and other state facilities for wireless communications, including commercial, public, and quasi-public purposes, and how such policies balance varied public interests, including promotion of telecommunications, alternatives to tall cellular towers, public safety, public and municipal participation in siting decisions, and preservation of aesthetic, landscape, and historic values.

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 senate member. Six members of the committee shall constitute a quorum.

6 Report. The study 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, 2000.

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

2000-4537s

AMENDED ANALYSIS

This bill establishes a master plan for the orderly deployment of personal wireless service facilities in communities throughout the state.

The bill also establishes a committee to study the state wireless communications policy.

Senator Below offered a floor amendment.

2000-4581s

10/04

Floor Amendment to HB 733

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

4 Duties. The committee shall review state policies regarding the use of state lands, state rights-of-way, state buildings, and other state facilities for wireless communications, including commercial, public, and quasi-public purposes, and how such policies balance varied public interests, including promotion of telecommunications, alternatives to tall cellular towers, public safety, public and municipal participation in siting decisions, and preservation of aesthetic, landscape, and historic values.

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 senate member. A majority of the committee shall constitute a quorum.

HB 1470, relative to divestiture of electric utility assets. Energy and Economic Development Committee. Vote 6-0. Inexpedient to Legislate, Senator Johnson for the committee.

HB 1418-FN-L, relative to mercury-containing products. Environment Committee. Vote 5-2. Ought to pass with amendment, Senator Below for the committee.

2000-4456s

03/01

Amend the bill by replacing section 1 with the following:

1 Findings. The general court finds that:

I. Mercury is a persistent and toxic pollutant that bioaccumulates in the environment.

II. According to recent studies, mercury deposition is a significant problem in the northeastern United States.

III. Consumption of mercury-contaminated freshwater fish poses a significant public health threat.

IV. Because of this threat, all of the northeastern states have issued freshwater fish advisories, warning certain individuals against consuming fish from affected water bodies.

V. Studies have documented that exposure to the elevated levels of mercury in the environment has resulted in serious harm to fish-consuming wildlife.

VI. Combustion of municipal and other solid waste is a major source of mercury emissions in the northeastern United States.

VII. Recent studies have raised concern about potential emissions of mercury during the transportation and disposal of solid waste.

VIII. Several state programs have demonstrated that removal of mercury-containing products from the waste stream prior to combustion is an effective way to reduce mercury emissions from solid waste management facilities.

IX. The governors of the New England states and the premiers of the eastern Canadian provinces have endorsed a regional goal of "the virtual elimination of the discharge of anthropogenic mercury into the environment."

X. Manufacturers of certain mercury-added products, such as thermostats, have established successful "take back" programs for properly managing the products at the end of their useful life.

XI. Accidental mercury spills, breakages, and releases have occurred throughout the northeastern United States. These incidences have proven costly to clean up and have exposed students, teachers, and administrators to mercury emissions.

XII. Health care facilities, educational and research institutions, and businesses have also experienced significant employee exposures and incurred significant costs due to accidental mercury releases.

XIII. The intent of this act is to achieve significant reductions in mercury emissions by encouraging the establishment of effective state and local waste reduction, recycling, and management programs while continuing to spur economic development.

XIV. To be effective, this act requires the cooperation of mercury products industries in identifying and quantifying mercury containing products.

Amend RSA 149-M:52 as inserted by section 2 of the bill by replacing it with the following:

149-M:52 Notification.

I. Six months after the effective date of this section no mercury-added product shall be offered for final sale or use or distributed for promotional purposes in this state without prior notification in writing by the manufacturer of the product to the department in accordance with the requirements of this section. Such notification shall at a minimum include:

(a) A brief description of the product to be offered for sale, use, or distribution.

(b) The amount of and purpose for mercury in each unit of the product reported as an exact number or average per product with an upper and lower limit unless waived by the department due to confidentiality or practical considerations.

(c) The name and address of the manufacturer, and the name, address, and telephone number of a contact person for the manufacturer.

(d) The total amount of mercury contained in all mercury containing products sold in the United States, provided either by individual manufacturers or aggregated for an industry by a trade group.

II. With the approval of the department, the manufacturer may supply the information required above for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the department. The department may define and adopt specific requirements in accordance with RSA 541-A for the content and submission of the required notification.

III. Any information furnished pursuant to the requirements of this section, which, as certified by the manufacturer, relates to production or sales figures or to processes or production unique to the manufacturer or which would tend to affect adversely the competitive position of the manufacturer, shall be only for the confidential use of the department and the interstate clearing house in the administration of this section, unless the manufacturer shall expressly agree to their publication or availability to the general public. Nothing herein shall be construed to prevent the use of such information by the department and the interstate clearinghouse in compiling or publishing analyses or summaries relating to the amount and effect of mercury in products and the environment; provided that the analyses or summaries do not identify any manufacturer or reveal any information otherwise confidential under this section.

IV. This section shall not apply to prescription drugs or any substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et. seq.

Amend RSA 149-M as inserted by section 2 of the bill by deleting RSA 149-M:54 and renumbering the original RSA 149-M:55-58 to read as RSA 149-M:54-57, respectively.

Amend RSA 149-M:56 as inserted by section 2 of the bill by replacing it with the following:

149-M:56 Interstate Clearinghouse. The department is hereby authorized to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of this subdivision and to help coordinate reviews of the manufacturers' notifications regarding mercury-added products, applications for phase-out exemptions, reviews of the collection plans, the disclosures of mercury content, applications for alternative labeling, and education and outreach. The clearinghouse may also maintain a list of all products containing mercury, including mercury-added products; a file on all exemptions granted by the states; and a file of all the manufacturers’ reports on the effectiveness of their collection systems.

Amend the bill by inserting after section 2 the following and renumbering the original sections 3-4 to read as 4-5, respectively:

3 New Paragraph; Mercury Study Committee as Extended by 2000, 87; Duties Amended. Amend 1999, 71:4 by inserting after paragraph II the following new paragraph:

III. Identifying, with the assistance of the department of environmental services and the department of health and human services, and to the greatest extent feasible, all consumer products and products used in health care facilities that contain mercury in amounts greater than one part per billion. The committee shall seek to achieve this goal with voluntary industry cooperation and may otherwise study and make recommendations for future legislative action.

2000-4456s

AMENDED ANALYSIS

This bill:

I. Prohibits the sale of certain mercury-added products.

II. Establishes notification and disclosure requirements for permissible mercury-containing products.

III. Establishes limitations on the use of elemental mercury.

IV. Authorizes the department of environmental services to participate in the establishment and implementation of a regional, multi-state clearinghouse or manufacturers’ notifications of mercury-added products.

V. Amends the duties of the Mercury Study Committee to include assistance in identification of mercury-added, consumer products and health care facility products.

Senator Johnson offered a floor amendment.

2000-4577s

08/10

Floor Amendment to HB 1418-FN-LOCAL

Amend RSA 149-M:52, I(b) as inserted by section 2 of the bill by replacing it with the following:

(b) The amount of and purpose for mercury in each category of the product reported as a range either by individual manufacturers or aggregated for an industry by a trade group unless waived by the department due to confidentiality or practical considerations.

Amend RSA 149-M:56 as inserted by section 2 of the bill by replacing it with the following:

149-M:56 Interstate Clearinghouse. The department is hereby authorized to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of this subdivision and to help coordinate reviews of the manufacturers' notifications regarding mercury-added products, and education and outreach. The clearinghouse may also maintain a list of all products containing mercury, including mercury-added products; a file on all exemptions granted by the states; and a file of all the manufacturers’ reports on the effectiveness of their collection systems.

HB 725, relative to rulemaking under the administrative procedures act. Executive Departments and Administration Committee.

MAJORITY REPORT: Ought to pass with amendment, Senator Larsen for the committee. 4-3

MINORITY REPORT: Ought to Pass, Senator Francoeur for the committee. 3-4

2000-4525s

10/01

Amend RSA 541-A:1, XV as inserted by section 2 of the bill by replacing it with the following:

XV. "Rule" means each regulation, standard or other statement of general applicability adopted by an agency to (a) implement, interpret or make specific a statute enforced or administered by such agency or (b) prescribe or interpret an agency policy, procedure or practice requirement binding on persons outside the agency, whether members of the general public or personnel in other agencies. The term does not include (a) internal memoranda which set policy applicable only to its own employees and which do not affect private rights or change the substance of rules binding upon the public, (b) informational pamphlets, letters or other explanatory material which refers to a statute or rule without affecting its substance or interpretation, (c) personnel records relating to the hiring, dismissal, promotion, or compensation of any public employee, or the disciplining of such employee, or the investigating of any charges against [him] such employee, (d) declaratory rulings, or (e) forms. The term "rule" shall include rules adopted by the director of personnel, department of administrative services, relative to the state employee personnel system. Notwithstanding the requirements of RSA 21-I:14, the term "rule" shall not include the manual described in RSA 21-I:14, I or the standards for the format, content, and style of agency annual and biennial reports described in RSA 21-I:14, IX, which together comprise the manual commonly known as the administrative services manual of procedures.

Amend the bill by replacing section 15 with the following:

15 Time Limit; Reference to Manual Added; Expansion of Rules Which do not Expire. Amend RSA 541-A:17, I and II to read as follows:

I. No rule shall be effective for a period of longer than 8 years, but the

agency may adopt an identical rule under RSA 541-A:5 through RSA 541-A:14, in conformance with the drafting and procedure manual adopted under RSA 541-A:8.

II. Notwithstanding the provisions of paragraph I, the [organizational] rules proposed and adopted pursuant to RSA 541-A:16, I(a), (b)(2), (b)(3), (c), and (d) shall not expire, provided that they have been approved by the committee. However, if the adoption or amendment of a statute governing the agency [reorganizes or reassigns any of the responsibilities outlined in the agency's rules describing its organization] renders the agency’s rules under RSA 541-A:16, I(a), (b)(2), (b)(3), (c), or (d) no longer accurate, such rules shall expire one year after the effective date of the statute that makes such change, and the agency shall commence rulemaking to amend its rules no later than 6 months after the effective date of such statute. If the agency reorganizes its organization and responsibilities in such a way that the agency's rules under RSA 541-A:16, I(a) describing its organization are no longer accurate, the agency shall amend its rules as soon as is practicable, but shall commence rulemaking not later than 6 months after such changes occur.

HB 405-FN, relative to the annual funding of placement costs for juvenile diversion and alternative disposition programs and relative to an effectiveness study of such programs. Finance Committee. Ought to Pass, Senator Larsen for the committee.

HB 618-FN-A, establishing a voucher program for smoking cessation. Finance Committee. Vote 8-0. Ought to pass with amendment, Senator Squires for the committee.

2000-4504s

09/04

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

AN ACT establishing a voucher program for smoking cessation.

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

1 New Chapter; Smoking Cessation Voucher Program. Amend RSA by inserting after chapter 126-N the following new chapter:

CHAPTER 126-O

Smoking Cessation VOuCHER Program

126-O:1 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of health and human services.

II. "Department" means the department of health and human services.

126-O:2 Program Established; Rulemaking.

I. There is established the smoking cessation program which shall be administered by the department. The department shall make available to persons receiving temporary assistance to needy families, vouchers which may be issued to persons for smoking cessation aids and educational programs. Vouchers shall not be issued for pharmaceuticals which are covered under medicaid.

II. The commissioner shall adopt rules pursuant to RSA 541-A, relative to:

(a) An application process and manner of distribution of vouchers.

(b) Authorized smoking cessation aids and educational programs.

(c) Any other matter necessary to the administration of this chapter.

2 Appropriation. There is hereby appropriated to the department of health and human services for the purposes of RSA 126-O as inserted by section 1 of this act, the sum of $150,000 for the fiscal year ending June 30, 2001, and $150,000 for each of fiscal years 2002 and 2003, from the moneys received under RSA 126-K:15, the tobacco use prevention fund.

3 Repeal. RSA 126-O, relative to a smoking cessation voucher program, is repealed.

4 Effective Date.

I. Section 3 of this act shall take effect July 1, 2003.

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

2000-4505s

AMENDED ANALYSIS

This bill establishes a smoking cessation voucher program to be administered by the department of health and human services and funded from the tobacco use prevention fund.

HB 648-FN, relative to a sludge testing program, and providing that coated printing paper purchased by or for state agencies shall contain not less than 10 percent post consumer waste material. Finance Committee. Vote 8-0. Ought to Pass, Senator Larsen for the committee.

HB 1189-FN, relative to benefit amounts, fees assessed and the application of the state unemployment compensation law, and relative to eligibility for unemployment benefits for certain persons commensurate with their attachment to the workforce. Finance Committee. Vote 7-1. Ought to Pass, Senator Fraser for the committee.

HB 1240, requiring the department of health and human services and insurers to make prompt payments. Finance Committee. Vote 8-0. Ought to Pass, Senator Fraser for the committee.

Senator F. King offered a floor amendment.

2000-4517s

01/09

Amendment to HB 1240

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

Amend the bill by replacing section 6 with the following:

6 County Nursing Homes; Proportionate Share Payments. Amend RSA 167:18-h, II-IV to read as follows:

II. The counties shall be responsible for making intergovernmental transfers to the state in each year of the biennium in an amount equal to 50 percent of the first [$12,500,000] $16,500,000 each year in proportionate share payments.

III. The counties shall be responsible for making intergovernmental transfers to the state in each year of the biennium in an amount equal to 100 percent of any amount in excess of [$12,500,000] $16,500,000 up to [$25,000,000] $29,000,000 each year.

IV. The intergovernmental transfer of funds received in each year of the biennium in excess of the initial [$25,000,000] $29,000,000 in proportionate share funds shall be distributed in the following manner: the counties shall retain 25 percent of the proportionate share funds and transfer to the state 75 percent of the proportionate share funds in each year.

7 Provider Reimbursement Increase; Fiscal Year 2000. The department of health and human services shall pay all county and non-county nursing facilities the 3 percent provider reimbursement increase for fiscal year 2000 which the New Hampshire general court authorized in 1999, 159. The department shall pay the nursing facilities such funds retroactive to July 1, 1999, when the increase was authorized to become effective.

8 Provider Reimbursement Increase; Fiscal Year 2001. The department of health and human services shall pay all county and non-county nursing facilities the 3 percent provider reimbursement increase for fiscal year 2001 which the New Hampshire general court authorized in 1999, 159. The department shall pay the nursing facilities these funds on a monthly basis beginning on July 1, 2000 and continuing until June 1, 2001.

9 Effective Date.

I. Section 7 of this act shall take effect upon its passage.

II. Sections 6 and 8 of this act shall take effect July 1, 2000.

III. The remainder of this act shall take effect January 1, 2001.

2000-4517s

AMENDED ANALYSIS

This bill:

I. Requires the department of health and human services to pay its dental and other health care providers for services rendered to medicaid recipients promptly.

II. Requires insurers offering health benefit plans to pay health care providers in a timely manner.

III. Changes the amount of the proportionate share payments for county nursing homes.

This bill also provides a payment schedule for the provider reimbursements increases authorized in 1999, 159.

Senator Fraser offered a floor amendment.

Sen. Klemm, Dist. 22

Sen. Fraser, Dist. 4

Sen. Wheeler, Dist. 21

Sen. Krueger, Dist. 16

2000-4568s

10/01

Floor Amendment to HB 1240

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

Amend the bill by replacing section 6 with the following:

6 New Section; Insurance Referrals. Amend RSA 402 by inserting after section 16-a the following new section:

402:16-b Insurance Referrals. Notwithstanding other provisions of this title, a person who has not complied with all applicable state insurance licensing and appointment laws and regulations may refer a party to a person who has complied with all applicable state insurance licensing and appointment laws and regulations, if the person making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party’s purchase of insurance.

7 New Section; Insurance Referrals. Amend RSA 405 by inserting after section 17-b the following new section:

405:17-c Insurance Referrals. Notwithstanding other provisions of this title, a person who has not complied with all applicable state insurance licensing and appointment laws and regulations may refer a party to a person who has complied with all applicable state insurance licensing and appointment laws and regulations, if the person making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party’s purchase of insurance.

8 Purpose; Reference to "Place With a Population of 5,000" Removed. Amend RSA 406-C:1 to read as follows:

406-C:1 Purpose. The purpose of this chapter is to authorize and regulate the solicitation for purchase and the sale in this state of insurance by financial institutions [in places with a population of 5,000 or fewer people and to direct and authorize the insurance commissioner to adopt such rules as may be necessary to protect the interests of insurance policyholders in this state] and to maintain parity with respect to the insurance powers of state and federally chartered financial institutions.

9 Definition; Financial Institutions. RSA 406-C:2, IV is repealed and reenacted to read as follows:

IV. "Financial institution" means a bank, savings bank, savings and loan association, trust company, or any depository institution as defined by the Federal Deposit Insurance Act, as amended, 12 U.S.C. section 1813(c)(1), which is authorized to take deposits and make loans from a place of business in the state. For the purposes of this chapter, the term financial institution shall also include any non-depository affiliate or subsidiary of a financial institution but only in the instances when the non-depository affiliate or subsidiary is soliciting the sale or purchase of insurance recommended or sponsored by, on the premises of, or in connection with a product offering of, the depository financial institution. Activities of employees and agents of a financial institution shall be deemed to the activities of the financial institution. The term does not include an insurance company subject to regulation under title XXXVII.

10 Definition; Nonpublic Customer Information. Amend RSA 406-C:2, V to read as follows:

V. "Nonpublic customer information" means information regarding a person that has been derived from a record of a financial institution concerning insurance premiums, the terms and conditions of insurance coverage, insurance expirations, insurance claims, and insurance history of an individual[, and such other information as established by rules adopted by the commissioner]. "Nonpublic customer information" does not include customer names, addresses, and telephone numbers.

11 Separation of Activities. Amend RSA 406-C:7 to read as follows:

406-C:7 Separation of Activities.

I. Solicitation for the purchase or sale of insurance by the financial institution shall, to avoid customer confusion and to the extent practicable, be conducted in a physical location distinct from the area where retail deposits or credit transactions are being conducted [in accordance with rules adopted by the commissioner].

II. Solicitation for the purchase or sale of insurance by a licensed employee who exercises authority over credit transactions shall be conducted in a manner which addresses the potential for customer confusion and coercion[, consistent with rules adopted by the commissioner].

III. Signage, informational materials, and sales literature concerning the availability of insurance products through the financial institution shall be utilized and displayed in [accordance with rules adopted by the commissioner] the manner required by this chapter.

IV. If the product name under which the insurance contract is marketed includes the name of a financial institution, then the marketing material must[, in accordance with rules adopted by the commissioner,] prominently identify the insurance company which issues and underwrites the insurance contract.

12 Disclosures. Amend the introductory paragraph of RSA 406-C:8, I to read as follows:

I. To avoid customer confusion and in addition to any other requisite disclosures, all advertising, promotional material, and solicitation, including telemarketing contacts in the case of life insurance and annuities, shall[, as required under rules, bulletins, or interpretive rulings adopted or promulgated by the commissioner,] include a prominent disclosure that substantively states that a purchase of insurance:

13 Insurance Referrals. RSA 406-C:12, I is repealed and reenacted to read as follows:

I. An employee of a financial institution who is not licensed to sell insurance may refer a party to a person who is licensed to sell insurance, if the employee making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party’s purchase of insurance.

14 Prohibited Practices. Amend RSA 406-C:12, III to read as follows:

III. An insurance product shall not be offered in a package with non-insurance products in [violation of rules adopted by the commissioner to prohibit] a manner that constitutes unlawful tying activities, rebating, and unfair competition with respect to insurance sales.

15 Service Corporations; "Place of 5,000" Removed. Amend RSA 384:16-b, III to read as follows:

III. [Provided further that any contrary provision of law notwithstanding, the provisions of paragraph II apply only to a bank or banking association and its subsidiary and do not apply to an affiliate thereof, and] The provisions of this section shall not be construed to prevent such bank, banking association, or subsidiary from conducting insurance activities pursuant to RSA 406-C and rules adopted under RSA 406-C, as permitted in RSA 394-A:9[, if such financial institution or its subsidiary is located in a place of 5,000. A place of 5,000 means a town or city in this state with a population not exceeding 5,000 as determined by the last federal decennial census]. An affiliate of any bank or banking association shall be bound by the provisions of RSA 406-C, with respect to sales of insurance in this state which are recommended or sponsored by a depository financial institution or sold on the premises of a depository financial institution.

16 Insurance; "Place of 5,000" Removed. Amend RSA 394-A:9, I to read as follows:

I.[(a) The insurance activity may be conducted only by the financial institution, or a subsidiary of the financial institution that is located in a place of 5,000. A place of 5,000 shall mean a town or city in this state with a population not exceeding 5,000 as determined by the last federal decennial census; and

(b)] The conduct of the insurance activity shall comply with the provisions of RSA 406-C and any rules adopted thereunder, any applicable state insurance licensing laws and rules, and all applicable federal and state consumer protection laws, including the federal anti-tying provisions of 12 U.S.C. section 1972.

17 Rules and Regulations. Amend RSA 400-A:15, I to read as follows:

I. The commissioner shall have full power and authority to make, promulgate, amend and rescind reasonable rules and regulations for, or as an aid to, the administration or effectuation of any provision or provisions of this title or of the Gramm-Leach-Bliley Act of 1999 (public law 106-102) which relate to insurance and such other rules and regulations as are reasonably necessary to implement [the] such provisions [of this title].

18 Repeal. RSA 406-C:2, VI, relative to the definition of "place of 5,000," is repealed.

19 Effective Date.

I. Sections 1-5 of this act shall take effect January 1, 2001.

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

2000-4568s

AMENDED ANALYSIS

This bill requires the department of health and human services to pay its dental and other health care providers for services rendered to Medicaid recipients promptly. This bill requires insurers offering health benefit plans to pay health care providers in a timely manner.

This bill also makes changes to the laws regulating sale of insurance by financial institutions, including removing the "place of 5,000" restriction on insurance sales, changing provisions regarding the separation of banking and insurance activities, and repealing certain rulemaking provisions.

HB 1251, relative to driver education training reimbursement. Finance Committee. Vote 8-0. Ought to pass with amendment, Senator J. King for the committee.

2000-4506s

05/09

Amend the bill by replacing section 2 with the following:

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

HB 1343-FN-A, appropriating available funds for fiscal year 2000 to provide funding to support research monitoring groundwater at reclamation sites that have had sludge applied. Finance Committee. Vote 8-0. Ought to Pass, Senator F. King for the committee.

HB 1504, relative to submission of biennial budget estimates by agencies. Finance Committee. Vote 7-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-4529s

09/04

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

AN ACT making certain budgetary revisions and technical corrections, and increasing certain appropriations to the legislative branch for consultants.

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

1 Legislative Branch; Senate. Amend 1999, 159:1.01, 02, 01, 01 as follows:

FY 2000 FY 2001

Strike out:

46 Consultants 33,000 33,000

Insert in place thereof:

46 Consultants 333,000 33,000

Strike out:

Total 1,347,509 1,369,735

Estimate source of funds for

Senate

General fund 1,347,509 1,369,735

Total 1,347,509 1,369,735

Insert in place thereof:

Total 1,647,509 1,369,735

Estimated source of funds for

Senate

General fund 1,647,509 1,369,735

Total 1,647,509 1,369,735

2 Legislative Branch; House. Amend 1999, 159:1.01, 02, 01, 02 as follows:

FY 2000 FY 2001

Strike out:

46 Consultants 2,000 2,000

Insert in place thereof:

46 Consultants 302,000 2,000

Strike out:

Total 2,741,217 2,864,330

Estimated source of funds for

House

General fund 2,741,217 2,864,330

Total 2,741,217 2,864,330

Insert in place thereof:

Total 3,041,217 2,864,330

Estimated source of funds for

House

General fund 3,041,217 2,864,330

Total 3,041,217 2,864,330

3 Legislative Budget Assistant; Audit Division. Amend 1999, 159:1.01, 02, 03, 02 as follows:

FY 2000 FY 2001

Strike out:

Total 2,197,629 2,218,598

Estimated source of funds for

Audit division

06 Agency income 300,000 300,000

General fund 1,897,629 1,918,598

Total 2,197,629 2,218,598

Insert place thereof:

Total 2,197,629 2,218,598

Estimated source of funds for

Audit division

06 Agency income 1,100,000 300,000

General fund 1,097,629 1,918,598

Total 2,197,629 2,218,598

4 Legislative Budget Assistant; Budget Division. Amend 1999, 159:1.01, 02, 03, 01 as follows:

FY 2000 FY 2001

Insert:

94 Tax Modeling 185,000 0

Strike out:

Total 808,264 803,865

Estimated source of funds for

Budget division

General fund 808,264 803,865

Total 808,264 803,865

Insert in place thereof:

Total 993,264 803,865

Estimated source of funds for

Budget division

General fund 993,264 803,865

Total 993,264 803,865

5 Department of Revenue Administration; Administration. Amend 1999, 159:1.01, 07, 01, 01 as follows:

FY 2000 FY2001

Insert:

90 Tax modeling F 15,000 0

Strike out:

Total 1,313,889 1,311,748

Estimated source of funds for

Administration

General fund 1,313,889 1,311,748

Total 1,313,889 1,311,748

Insert in place thereof:

Total 1,328,889 1,311,748

Estimated source of funds for

Administration

General fund 1,328,889 1,311,748

Total 1,328,889 1,311,748

6 Department of Environmental Services; Oil Pollution Control Fund. Amend 1999, 159:1.03, 04, 04, 04, 01 as follows:

FY 2000 FY 2001

Strike out:

59 Part-time-benefited 45,000 47,250

Insert in place thereof:

59 Part-time-benefited* 70,584 74,707

* There is hereby established one new librarian I (labor grade 17) position in the public information center.

Strike out:

60 Benefits 152,280 150,176

Insert in place thereof:

60 Benefits 160,212 158,688

Strike out:

Total 2,073,557 2,075,922

Estimated source of funds for

Oil pollution control fund

09 Agency income C 2,073,557 2,075,922

Total 2,073,557 2,075,922

Insert in place thereof:

Total 2,107,073 2,111,891

Estimated source of funds for

Oil pollution control fund

09 Agency income C 2,107,073 2,111,891

Total 2,107,073 2,111,891

7 Health and Human Services Building. Amend 1999, 159:1.01, 04, 04, 05, 06 as follows:

FY 2000 FY 2001

Strike out:

99 HHS transfer reduction 381,269- 393,951-

Strike out:

Total 1,958,435 2,036,214

Estimated source of funds for health

& human services bldg

01 Transfers from other agencies I 1,958,435 2,036,214

Total 1,958,435 2,036,214

Insert in place thereof:

Total 2,339,704 2,430,165

Estimated source of funds for health

& human services bldg

01 Transfers from other agencies I 2,339,704 2,430,165

Total 2,339,704 2,430,165

8 Medicaid Administration; Transfers to General Services. Amend 1999, 159:1.05, 01, 02, 04, 10 as follows:

FY 2000 FY 2001

Strike out:

28 Transfers to general services D 149,552 155,360

Insert in place thereof:

28 Transfers to general services D 530,821 549,311

Strike out:

Total 13,175,828 14,290,419

Estimated source of funds for

Medicaid administration

00 Federal funds 8,894,873 9,695,902

General fund 4,280,955 4,594,517

Total 13,175,828 14,290,419

Insert in place thereof:

Total 13,557,097 14,684,370

Estimated source of funds for

Medicaid administration

00 Federal funds 9,085,508 9,892,878

General fund 4,471,589 4,791,492

Total 13,557,097 14,684,370

9 Quality Assurance; Brown Building. Amend 1999, 159:1.05, 01, 04, 01, 01 as follows:

FY 2000 FY 2001

Strike out:

90 Brown Building Op Exp 133,031 139,683

Strike Out:

Total 791,897 776,727

Estimated source of funds for

Quality assurance

00 Federal funds 398,504 390,585

General fund 393,393 386,142

Total 791,897 776,727

Insert in place thereof:

Total 658,866 637,044

Estimated source of funds for

Quality assurance

00 Federal funds 335,021 323,563

General fund 323,845 313,481

Total 658,866 637,044

10 Office of Director; Building Rent. Amend 1999, 159:1.05, 01, 06, 01, 01 as follows:

FY 2000 FY 2001

Strike Out:

91 Building rent 165,000 173,250

Insert in place thereof:

91 Building rent 54,339 64,486

Strike out:

Total 2,731,028 2,014,057

Estimated source of funds for

office of director

00 Federal funds 394,966 384,435

General fund 2,336,062 1,629,622

Total 2,731,028 2,014,057

Insert in place thereof:

Total 2,620,367 1,905,293

Estimated source of funds for

office of director

00 Federal funds 380,580 370,296

General fund 2,239,787 1,534,997

Total 2,620,367 1,905,293

11 Food Protection; Rent. Amend 1999, 159:1.05, 01, 10, 04, 03 as follows:

FY 2000 FY 2001

Strike out:

99 Rent 31,389 31,389

Insert in place thereof:

99 Rent 4,904 0

Strike out:

Total 786,726 770,240

Estimated source of funds for

Food protection

09 Agency income I 41,945 41,945

General fund 744,781 728,295

Total 786,726 770,240

Insert in place thereof:

Total 760,241 738,851

Estimated source of funds for

Food protection

09 Agency income I 40,271 40,245

General fund 719,970 698,606

Total 760,241 738,851

12 Purpose. Section 13 of this bill adds a new program appropriation unit, "NF Settlement," to the operating budget for the payment of claims arising from the 1999 U.S. District Court settlement of Defosses v. Shumway.

13 NF Settlement. Amend 1999, 159:1 by inserting the following new PAU:

05 Health and Social Services

01 Dept of Health and Human Services

06 Div Elderly & Adult Services

04 Medical Services

05 NF Settlement

90 Client Payments F 1 1

Total 1 1

Estimated Source of Funds for

NF Settlement

General Fund 1 1

Total 1 1

14 Capital Projects; 1993 Totals Adjusted. Amend 1993, 359:1, total state appropriation as amended by 1993, 360:7; 1994, 204:3; 1994, 382:8; and 1995, 309:25 to read as follows:

Total state appropriation section 1 [$41,906,731] $53,112,158

15 Capital Projects; 1993 Bond Total Adjusted. Amend 1993, 359:9 as amended by 1993, 360:10; 1994, 204:4; 1994, 382:8, 1995, 309:26, and 1995, 310:190 to read as follows:

359:9 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 [$69,974,158] $75,974,158, and for said purposes may issue bonds and notes in the name and on behalf of the state of New Hampshire in accordance with the provisions of RSA 6-A.

16 Office of Emergency Management; Reallocation of Existing Appropriation Authority.

I. From the following disaster accounts within the office of emergency management, the following amounts shall lapse to the general fund:

010-088-2790-090 Local Assistance – October/November 1995 $ 4,556.00

severe rain and wind storms

010-088-2799-090 Public Assistance – October/November 1996 $119,412.75

severe rain and wind storms and flooding

010-088-2800-092 Individual Assistance – January 1998

ice storm $ 1.00

II.(a) The following sums are hereby appropriated to the following accounts within the office of emergency management.

010-088-2800-090 Local Assistance – January 1998

ice storm $ 91,785.00

010-088-2801-490 Local Assistance – June 1998

flooding $ 24,567.75

010-088-2801-491 State Agencies – June 1998

flooding $ 7,617.00

(b) The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

17 Education Trust Fund; Transfer of Tax Revenues for Fiscal Year 2001. In lieu of the transfers required by RSA 77-A:20-a and 77-E:14, for fiscal year 2001, the state treasurer shall make quarterly transfers of $13,125,000, based on estimates made by the commissioner of revenue administration, from the general fund into the education trust fund established in RSA 198:39. These transfers shall occur on the following dates: July 1, 2000, October 1, 2000, January 1, 2001, and April 1, 2001.

18 Lapse Date. Legislative Branch Appropriations. Amend 1999, 159:1 by replacing the totals and estimated source of funds for legislative branch with the following:

FY 2000 FY 2001

Total 11,513,802 10,587,326

Estimated source of funds for

Legislative branch

General fund 10,311,002 10,184,526

Other funds 1,202,800 402,800

Total 11,513,802 10,587,326

All funds appropriated to the legislative branch for fiscal year 2000 which would otherwise lapse on June 30, 2000 shall not lapse until June 30, 2001.

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

2000-4529s

AMENDED ANALYSIS

This bill:

I. Increases appropriations to the house and senate for consultants’ fees.

II. Increases an appropriation to the department of environmental services for part-time-benefited personnel.

III. Adjusts certain building usage and rent class lines in PAU’s of the department of administrative services and the department of health and human services.

IV. Adds a new program appropriation unit to the operating budget "NF Settlement" for the payment of claims arising from the 1999 U.S. District Court settlement of Defosses v. Shumway.

V. Corrects the total state appropriation and bond totals in the amended version of the 1993 capital budget (1993, 359).

VI. Lapses sums in certain office of emergency management accounts to the general fund and makes appropriations to certain office of emergency management accounts.

VII. Establishes the amount of business profits tax and business enterprise tax revenues to be transferred quarterly to the education trust fund for fiscal year 2001.

VIII. Provides that funds appropriated to the legislative branch for fiscal year 2000 shall not lapse until June 30, 2001.

Senator D’Allesandro offered a floor amendment.

Sen. D’Allesandro, Dist. 20

Sen. Johnson, Dist. 3

Sen. Klemm, Dist. 22

May 16, 2000

2000-4526s

10/01

Floor Amendment to HB 1504

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

Amend the bill by inserting after section 18 the following and renumbering the original section 19 to read as 24:

19 New Subparagraph; Application of Receipts; Fire Standards and Training Firefighter and Emergency Medical Services Training Fund. Amend RSA 6:12, I by inserting after subparagraph (bbbb) the following new subparagraph:

(cccc) Moneys deposited in the fire standards and training firefighter and emergency medical services training fund established in RSA 21-P:12-c.

20 New Section; Department of Safety; Fund Established. Amend RSA 21-P by inserting after section 12-b the following new section:

21-P:12-c Fire Standards and Training Firefighter and Emergency Medical Services Training Fund. There is established in the office of the state treasurer a separate nonlapsing fund to be known as the fire standards and training firefighter and emergency medical services training fund from which the state treasurer shall pay expenses incurred in the administration of the division’s responsibilities under RSA 21-P:12-a.

21 Regional Community Technical Colleges; Police Standards and Training Council; Penalty Assessment for Fire Standards and Training and Emergency Medical Services Added. Amend RSA 188-F:31, I to read as follows:

I. Every court shall levy a penalty assessment of $2 or [20] 25 percent, whichever is greater, on each fine or penalty imposed by the court for a criminal offense, including any fine or penalty for a violation of RSA title XXI or any municipal ordinance, except for a violation of a municipal ordinance relating to motor vehicles unlawfully left or parked. Such penalty assessment shall be divided into the following components, to be designated as follows: 15 percent for the police standards and training council training fund [and]; 5 percent for the victims' assistance fund; and 5 percent for the fire standards and training firefighter and emergency medical services training fund.

22 Penalty Assessment; Transmittal by Court Clerk. Amend RSA 188-F:31, IV to read as follows:

IV. The clerk of each court shall collect all penalty assessments and shall transmit the amount collected under paragraph I designated for the police standards and training council training fund to the police standards and training council. The council shall pay over all moneys collected by it under this chapter to the state treasurer for deposit in the police standards and training council training fund. The clerk shall transmit the amount collected under paragraph I for the victims' assistance fund and for the fire standards and training firefighter and emergency medical services training fund to the state treasurer to deposit in [such] each fund.

23 Division of Motor Vehicles; Remission of Penalty Assessments. Amend RSA 262:44, I to read as follows:

I. Such defendant shall receive, in addition to his summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles" which shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of motor vehicles within 30 days of the date of the summons. The director of motor vehicles shall remit the penalty assessments collected to the police standards and training council for deposit in the police standards and training council training fund and to the state treasurer to be credited and continually appropriated to the victims' assistance fund and to the fire standards and training firefighter and emergency medical services training fund in the percentages and manner prescribed in RSA 188-F:31. Fines shall be paid over to the commissioner of administrative services, or to such department or agency of the state as the law provides, within 14 days of their receipt.

2000-4526s

AMENDED ANALYSIS

This bill:

I. Increases appropriations to the house and senate for consultants’ fees.

II. Increases an appropriation to the department of environmental services for part-time-benefited personnel.

III. Adjusts certain building usage and rent class lines in PAU’s of the department of administrative services and the department of health and human services.

IV. Adds a new program appropriation unit to the operating budget "NF Settlement" for the payment of claims arising from the 1999 U.S. District Court settlement of Defosses v. Shumway.

V. Corrects the total state appropriation and bond totals in the amended version of the 1993 capital budget (1993, 359).

VI. Lapses sums in certain office of emergency management accounts to the general fund and makes appropriations to certain office of emergency management accounts.

VII. Establishes the amount of business profits tax and business enterprise tax revenues to be transferred quarterly to the education trust fund for fiscal year 2001.

VIII. Provides that funds appropriated to the legislative branch for fiscal year 2000 shall not lapse until June 30, 2001.

IX. Establishes the fire standards and training firefighter and emergency medical services training fund to be funded by an increase in penalty assessments by courts on certain fines.

Senator Below offered a floor amendment.

Sen. Hollingworth, Dist. 23

Sen. Below, Dist. 5

May 18, 2000

2000-4592s

09/10

Floor Amendment to HB 1504

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

Amend the bill by replacing section 24 with the following:

24 Legislative Budget Assistant; Disclosure of Confidential Information. Amend RSA 14:31, IV to read as follows:

IV. All state departments, boards, institutions, commissions, and agencies shall be required to furnish to the legislative budget assistant any information, including confidential information, he may request in the course of carrying out his duties as prescribed by this section, RSA 14:31-a, and RSA 14:31-b, except that access to confidential information maintained by the department of revenue administration shall be controlled solely by the provisions of RSA 21-J:14. If the legislative budget assistant requires access to confidential information, the state entity shall furnish the information, except for work papers as described in RSA 91-A:4, V. In such situations, the legislative budget assistant shall be subject to the same restrictions and penalties regarding disclosure of the information as the original custodian of the information. The work product of the legislative budget assistant shall also be confidential to the extent required to preserve confidentiality required by law. Disclosure of confidential information to the legislative budget assistant shall be only for the purpose of, and to the extent necessary for, conducting audits as are required by law or the development, maintenance, updating and use of databases necessary for the operation of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23. The legislative budget assistant shall notify the head of any state department, board, institution, commission, or agency before requiring the state entity to furnish any confidential information which was obtained by the entity through an exchange of information agreement with another state or the federal government. This paragraph shall not be construed to authorize disclosure to any member of the legislature or, except in accordance with a written contract between the fiscal committee of the general court and a consultant pursuant to 1999, 338:23, to any expert consultants, including certified public accountants and data processing experts, hired by the legislative budget assistant to assist him in the carrying out of his duties, except such summaries and results which do not disclose any identity required by law to be confidential. If any state entity objects to providing confidential information under the provisions of this paragraph, the state entity may apply to the attorney general for disapproval of the request. The attorney general may examine any confidential information to which the legislative budget assistant has requested access to determine whether or not it is necessary for the legislative budget assistant to examine the information to carry out his duties as required by law. If the attorney general finds that such examination is not necessary, he shall disapprove the request, and the agency shall not be required to provide such information. If the state entity agrees to provide the requested information, or if the attorney general determines that it is necessary for the legislative budget assistant to examine the requested information, such information shall be provided to the legislative budget assistant in a mutually agreeable and compatible format.

25 Legislative Budget Assistant; Disclosure of Confidential Information. Amend RSA 14:31, IV to read as follows:

IV. All state departments, boards, institutions, commissions, and agencies shall be required to furnish to the legislative budget assistant any information, including confidential information, he may request in the course of carrying out his duties as prescribed by this section, RSA 14:31-a, and RSA 14:31-b, except that access to confidential information maintained by the department of revenue administration shall be controlled solely by the provisions of RSA 21-J:14. If the legislative budget assistant requires access to confidential information, the state entity shall furnish the information, except for work papers as described in RSA 91-A:4, V. In such situations, the legislative budget assistant shall be subject to the same restrictions and penalties regarding disclosure of the information as the original custodian of the information. The work product of the legislative budget assistant shall also be confidential to the extent required to preserve confidentiality required by law. Disclosure of confidential information to the legislative budget assistant shall be only for the purpose of, and to the extent necessary for, conducting audits as are required by law [or the development, maintenance, updating and use of databases necessary for the operation of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23]. The legislative budget assistant shall notify the head of any state department, board, institution, commission, or agency before requiring the state entity to furnish any confidential information which was obtained by the entity through an exchange of information agreement with another state or the federal government. This paragraph shall not be construed to authorize disclosure to any member of the legislature or[, except in accordance with a written contract between the fiscal committee of the general court and a consultant pursuant to 1999, 338:23,] to any expert consultants, including certified public accountants and data processing experts, hired by the legislative budget assistant to assist him in the carrying out of his duties, except such summaries and results which do not disclose any identity required by law to be confidential. If any state entity objects to providing confidential information under the provisions of this paragraph, the state entity may apply to the attorney general for disapproval of the request. The attorney general may examine any confidential information to which the legislative budget assistant has requested access to determine whether or not it is necessary for the legislative budget assistant to examine the information to carry out his duties as required by law. If the attorney general finds that such examination is not necessary, he shall disapprove the request, and the agency shall not be required to provide such information. If the state entity agrees to provide the requested information, or if the attorney general determines that it is necessary for the legislative budget assistant to examine the requested information, such information shall be provided to the legislative budget assistant in a mutually agreeable and compatible format.

26 Disclosure of Tax Information; Terminal Authorization.

I. Notwithstanding the provisions of RSA 21-J:14, the commissioner of revenue administration may disclose data from department records, files or returns to any consultant under contract with the fiscal committee of the general court pursuant to 1999, 338:23 for the purpose of, and to the extent necessary for, the performance of the contract for the development and implementation of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23. The persons to whom such disclosure may be made shall include subcontractors to the consultant specifically approved pursuant to the contract with the fiscal committee. No disclosure shall be made which would violate the provisions of any federal or state compact or agreement for the exchange of information between the department of revenue administration and the Internal Revenue Service of the United States or any other state. Officers, employees, or approved subcontractors of the consultant having in their custody or control any confidential taxpayer information obtained form the department pursuant to this paragraph shall be subject to the provisions of RSA 21-J:14.

II. Any database developed by the consultant or other person which contains confidential information disclosed pursuant to paragraph I shall reside in the custody of the department of revenue administration.

III. The legislative budget assistant and the department of administrative services are authorized hereby to use computer terminals which access any tax modeling software developed by the consultant pursuant to 1999, 338:23, provided that neither the legislative budget assistant or the department of administrative services shall be permitted access to any individual taxpayer records, returns or information that are not sampled and blurred to prevent identification of the taxpayer and then only if such access is necessary to check the results obtained by using the software.

27 Repeal. Section 26 of this act, relative to disclosure of tax information, is repealed.

28 Effective Date.

I. Sections 25 and 27 of this act shall take effect December 31, 2001.

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

2000-4592s

AMENDED ANALYSIS

This bill:

I. Increases appropriations to the house and senate for consultants’ fees.

II. Increases an appropriation to the department of environmental services for part-time-benefitted personnel.

III. Adjusts certain building usage and rent class lines in PAU’s of the department of administrative services and the department of health and human services.

IV. Adds a new program appropriation unit to the operating budget "NF Settlement" for the payment of claims arising from the 1999 U.S. District Court settlement of Defosses v. Shumway.

V. Corrects the total state appropriation and bond totals in the amended version of the 1993 capital budget (1993, 359).

VI. Lapses sums in certain office of emergency management accounts to the general fund and makes appropriations to certain office of emergency management accounts.

VII. Establishes the amount of business profits tax and business enterprise tax revenues to be transferred quarterly to the education trust fund for fiscal year 2001.

VIII. Provides that funds appropriated to the legislative branch for fiscal year 2000 shall not lapse until June 30, 2001.

IX. Establishes the fire standards and training firefighter and emergency medical services training fund to be funded by an increase in penalty assessments by courts on certain fines.

X. Permits the department of revenue administration to disclose certain tax records and information to the legislative budget assistant for the purpose of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23.

HB 1573-FN, relative to the funding of the salary of the director of emergency medical services and making an appropriation therefor. Finance Committee. Vote 7-0. Ought to Pass, Senator Fraser for the committee.

Senator Gordon offered a floor amendment.

Sen. Gordon, Dist. 2

May 18, 2000

2000-4589s

01/09

Floor Amendment to HB 1573-FN

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

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

3 Exception for Automatic External Defibrillation. Amend RSA 153-A:11, I to read as follows:

I. Except for automatic external defibrillation pursuant to RSA 151-B:25-28, a person shall not provide emergency medical services as a paid or volunteer member of a public or private emergency medical services unit in this state, or as a paid or volunteer member of any police or fire department who, as a condition of employment, may be expected to routinely provide emergency medical services in the line of duty, without being licensed by the commissioner.

2000-4589s

AMENDED ANALYSIS

This bill provides that initial funding for the salary of the new unclassified director of emergency management services in the department of safety shall be from funds appropriated for the salary of the former classified position of chief of emergency services of the department of health and human services, and makes an appropriation for this purpose.

This bill also provides an exception from licensure under RSA 153-A for persons performing automatic external defibrillation.

HB 1589, prohibiting the use of genetic testing for certain insurance policies. Insurance Committee. Vote 7-0. Ought to pass with amendment, Senator Fraser for the committee.

2000-4505s

01/09

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

AN ACT relative to informed consent for genetic testing and establishing a committee to study issues relating to the use of medical testing in underwriting insurance.

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

1 Reference Additions. Amend RSA 141-H:2, II and III to read as follows:

II. Except as required to establish paternity under RSA 522, or as required to test newborns for metabolic disorders under RSA 132:10-a, or as required for purposes of criminal investigations and prosecutions, or as is necessary to the functions of the office of chief medical examiner, no genetic testing shall be done in this state on any individual or anywhere on any resident of this state based on bodily materials obtained within this state, without the prior written and informed consent of the individual to be tested, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. The results of any such test shall be provided only to those persons approved in writing by the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. No person shall refuse to perform genetic testing, or to arrange for genetic testing to be performed, or to do business with an individual, solely because the individual to be tested refuses to consent to providing the test results to some or all persons.

III. Except as provided in paragraph II, no person shall disclose to any other person that an individual has undergone genetic testing, and no person shall disclose the results of such testing to any other person, without the prior written and informed consent of the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. Discussion and disclosure of genetic testing for a patient, requested of a physician by a patient, by appropriate professionals within a physician’s medical practice or hospital shall not be a violation of this chapter.

2 Committee Established. There is established a committee to study and review issues relating to the use of genetic and other health information testing and access to the results of such tests in connection with life, disability income, and long-term care insurance.

3 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.

4 Duties.

I. The committee shall study the following matters:

(a) Personal privacy interests relating to genetic and other health information test results.

(b) All issues concerning the definition of genetic testing and the potential consequences of a prohibition or restriction on the use of genetic testing and other health information or access to results of genetic tests and other health information in connection with insurance underwriting.

(c) The options available to the general court to balance the protection of privacy of genetic information and other health information with the potential adverse impact on the availability and affordability of life, disability income, and long-term care insurance.

II. The committee shall seek input from interested parties including, but not limited to, the commissioner of insurance, an individual familiar with Bioethics as it pertains to Genome Research, insurance consumers, insurance companies, and the American Council of Life Insurers.

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

6 Report. The committee shall submit an interim report together with 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, 2000 and a final report to be presented in the same manner on or before November 1, 2001.

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

2000-4505s

AMENDED ANALYSIS

This bill clarifies the issue of informed consent for genetic testing.

This bill also establishes a committee to study the use of genetic and other health information testing and access to the results of such tests with respect to certain insurance policies.

Senator Fraser offered a floor amendment.

Sen. Klemm, Dist. 22

Sen. Fraser, Dist. 4

Sen. Wheeler, Dist. 21

Sen. Krueger, Dist. 16

2000-4590s

10/04

Floor Amendment to HB 1589

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

Amend the bill by replacing section 7 with the following:

7 New Section; Insurance Referrals. Amend RSA 402 by inserting after section 16-a the following new section:

402:16-b Insurance Referrals. Notwithstanding other provisions of this title, a person who has not complied with all applicable state insurance licensing and appointment laws and regulations may refer a party to a person who has complied with all applicable state insurance licensing and appointment laws and regulations, if the person making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party’s purchase of insurance.

8 New Section; Insurance Referrals. Amend RSA 405 by inserting after section 17-b the following new section:

405:17-c Insurance Referrals. Notwithstanding other provisions of this title, a person who has not complied with all applicable state insurance licensing and appointment laws and regulations may refer a party to a person who has complied with all applicable state insurance licensing and appointment laws and regulations, if the person making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party’s purchase of insurance.

9 Purpose; Reference to "Place With a Population of 5,000" Removed. Amend RSA 406-C:1 to read as follows:

406-C:1 Purpose. The purpose of this chapter is to authorize and regulate the solicitation for purchase and the sale in this state of insurance by financial institutions [in places with a population of 5,000 or fewer people and to direct and authorize the insurance commissioner to adopt such rules as may be necessary to protect the interests of insurance policyholders in this state] and to maintain parity with respect to the insurance powers of state and federally chartered financial institutions.

10 Definition; Financial Institutions. RSA 406-C:2, IV is repealed and reenacted to read as follows:

IV. "Financial institution" means a bank, savings bank, savings and loan association, trust company, or any depository institution as defined by the Federal Deposit Insurance Act, as amended, 12 U.S.C. section 1813(c)(1), which is authorized to take deposits and make loans from a place of business in the state. For the purposes of this chapter, the term financial institution shall also include any non-depository affiliate or subsidiary of a financial institution but only in the instances when the non-depository affiliate or subsidiary is soliciting the sale or purchase of insurance recommended or sponsored by, on the premises of, or in connection with a product offering of, the depository financial institution. Activities of employees and agents of a financial institution shall be deemed to the activities of the financial institution. The term does not include an insurance company subject to regulation under title XXXVII.

11 Definition; Nonpublic Customer Information. Amend RSA 406-C:2, V to read as follows:

V. "Nonpublic customer information" means information regarding a person that has been derived from a record of a financial institution concerning insurance premiums, the terms and conditions of insurance coverage, insurance expirations, insurance claims, and insurance history of an individual[, and such other information as established by rules adopted by the commissioner]. "Nonpublic customer information" does not include customer names, addresses, and telephone numbers.

12 Separation of Activities. Amend RSA 406-C:7 to read as follows:

406-C:7 Separation of Activities.

I. Solicitation for the purchase or sale of insurance by the financial institution shall, to avoid customer confusion and to the extent practicable, be conducted in a physical location distinct from the area where retail deposits or credit transactions are being conducted [in accordance with rules adopted by the commissioner].

II. Solicitation for the purchase or sale of insurance by a licensed employee who exercises authority over credit transactions shall be conducted in a manner which addresses the potential for customer confusion and coercion[, consistent with rules adopted by the commissioner].

III. Signage, informational materials, and sales literature concerning the availability of insurance products through the financial institution shall be utilized and displayed in [accordance with rules adopted by the commissioner] the manner required by this chapter.

IV. If the product name under which the insurance contract is marketed includes the name of a financial institution, then the marketing material must[, in accordance with rules adopted by the commissioner,] prominently identify the insurance company which issues and underwrites the insurance contract.

13 Disclosures. Amend the introductory paragraph of RSA 406-C:8, I to read as follows:

I. To avoid customer confusion and in addition to any other requisite disclosures, all advertising, promotional material, and solicitation, including telemarketing contacts in the case of life insurance and annuities, shall[, as required under rules, bulletins, or interpretive rulings adopted or promulgated by the commissioner,] include a prominent disclosure that substantively states that a purchase of insurance:

14 Insurance Referrals. RSA 406-C:12, I is repealed and reenacted to read as follows:

I. An employee of a financial institution who is not licensed to sell insurance may refer a party to a person who is licensed to sell insurance, if the employee making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party’s purchase of insurance.

15 Prohibited Practices. Amend RSA 406-C:12, III to read as follows:

III. An insurance product shall not be offered in a package with non-insurance products in [violation of rules adopted by the commissioner to prohibit] a manner that constitutes unlawful tying activities, rebating, and unfair competition with respect to insurance sales.

16 Service Corporations; "Place of 5,000" Removed. Amend RSA 384:16-b, III to read as follows:

III. [Provided further that any contrary provision of law notwithstanding, the provisions of paragraph II apply only to a bank or banking association and its subsidiary and do not apply to an affiliate thereof, and] The provisions of this section shall not be construed to prevent such bank, banking association, or subsidiary from conducting insurance activities pursuant to RSA 406-C and rules adopted under RSA 406-C, as permitted in RSA 394-A:9[, if such financial institution or its subsidiary is located in a place of 5,000. A place of 5,000 means a town or city in this state with a population not exceeding 5,000 as determined by the last federal decennial census]. An affiliate of any bank or banking association shall be bound by the provisions of RSA 406-C, with respect to sales of insurance in this state which are recommended or sponsored by a depository financial institution or sold on the premises of a depository financial institution.

17 Insurance; "Place of 5,000" Removed. Amend RSA 394-A:9, I to read as follows:

I.[(a) The insurance activity may be conducted only by the financial institution, or a subsidiary of the financial institution that is located in a place of 5,000. A place of 5,000 shall mean a town or city in this state with a population not exceeding 5,000 as determined by the last federal decennial census; and

(b)] The conduct of the insurance activity shall comply with the provisions of RSA 406-C and any rules adopted thereunder, any applicable state insurance licensing laws and rules, and all applicable federal and state consumer protection laws, including the federal anti-tying provisions of 12 U.S.C. section 1972.

18 Rules and Regulations. Amend RSA 400-A:15, I to read as follows:

I. The commissioner shall have full power and authority to make, promulgate, amend and rescind reasonable rules and regulations for, or as an aid to, the administration or effectuation of any provision or provisions of this title or of the Gramm-Leach-Bliley Act of 1999 (public law 106-102) which relate to insurance and such other rules and regulations as are reasonably necessary to implement [the] such provisions [of this title].

19 Repeal. RSA 406-C:2, VI, relative to the definition of "place of 5,000," is repealed.

20 Effective Date.

I. Sections 1-6 of this act shall take effect upon its passage.

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

2000-4590s

AMENDED ANALYSIS

This bill clarifies the issue of informed consent for genetic testing. This bill establishes a committee to study the use of genetic and other health information testing and access to the results of such tests with respect to certain insurance policies.

This bill also makes changes to the laws regulating sale of insurance by financial institutions, including removing the "place of 5,000" restriction on insurance sales, changing provisions regarding the separation of banking and insurance activities, and repealing certain rulemaking provisions.

HB 1592, relative to the display of the United States flag. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator D'Allesandro for the committee.

HJR 26, urging Congress to pass legislation ensuring improved access to local television for households in unserved and underserved rural areas. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator Fraser for the committee.

CACR 2, relating to supreme court rules. Providing that supreme court rules may not be inconsistent with statutes. Judiciary Committee. Vote 6-2. Inexpedient to Legislate, Senator Trombly for the committee.

HB 53, relative to qualifications and appointments of marital masters. Judiciary Committee. Vote 7-1. Ought to pass with amendment, Senator Pignatelli for the committee.

2000-4561s

09/04

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

AN ACT relative to the family division of the courts and relative to the jurisdiction of the family division in Rockingham county.

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

1 Intent. It is the intent of the general court that a family court be implemented statewide in a manner which most expeditiously achieves the goal of providing enhanced services to parties involved in cases relating to divorce, custody, children, domestic violence, and other family law matters. The general court finds that this area of law requires the skills and attention of experienced and committed individuals who are dedicated to serving families and to the appropriate, timely resolution of family law cases in a manner which best services the public interest. The goals of the family division are the respectful treatment of all citizens by justices, marital masters and other family division staff, the prompt and fair resolution of family issues by justices and marital masters specially selected and trained to deal effectively with such issues, the use of alternative dispute resolution to reduce the adversarial nature of proceedings involving families, and the assignment of all family matters of a single family to one family division justice or marital master located in a family division that is geographically accessible to the family.

2 New Subdivision; Family Division Established. Amend RSA 490 by inserting after section 31 the following new subdivision:

Family Division

490:32 Family Division.

I. There is hereby established a family division which shall be a permanent component of the judicial branch under the administrative authority of the supreme court in the counties of Rockingham and Grafton on the effective date of this subdivision. All matters under the jurisdiction of the family division shall be transferred from other state courts no later than 6 months after the effective date of this section.

II. The supreme court shall expand the family division to 2 counties of the supreme court’s choice during the biennium beginning July 1, 2001.

III. In establishing the family division, the supreme court shall:

(a) Designate the courthouses within each county which will house the family division.

(b) Select and designate judges, marital masters, and other court personnel from the district, probate and superior courts to serve in the family division, based on their expertise in, and commitment to, family law matters;

(c) Designate an administrative judge for the family division by selecting, from among the district and probate court judges serving in the family division, a jurist who has demonstrated an interest in legal issues affecting the family and a commitment to the values, objectives, and ideals of the family division.

490:33 Jurisdiction. Notwithstanding any law to the contrary, for each county in which the family division is established, jurisdiction over the following matters shall be exclusively exercised through the family division as jurisdiction was previously exercised in the superior, district and municipal and probate courts:

I. Petitions and libels of divorce, and petitions of nullity of marriage, alimony, custody of children, support, and to establish paternity.

II. Actions for support or custody for children of unwed parties.

III. Actions under RSA 169-B, relating to delinquent children.

IV. Actions under RSA 169-C, relating to abused and neglected children.

V. Actions under RSA 169-D, relating to children in need of services.

VI. Actions under RSA 173-B, relating to protection of persons from domestic violence except for concurrent jurisdiction with the superior and district and municipal courts to enter temporary protective orders under RSA 173-B:4.

VII. The adoption of children.

VIII. The guardianship of the person of minors.

IX. The termination of parental rights.

X. The change of names of persons who apply therefor in matters relating to jurisdiction in paragraphs I-IX.

490:34 Equity Jurisdiction. Notwithstanding any law to the contrary and for each county in which the family division is established, the family division shall have the powers of a court of equity in cases where subject matter jurisdiction lies with the family division. Suits in equity where subject matter jurisdiction lies with the family division including, but not limited to, petitions and libels of divorce, and petition of nullity of marriage, alimony, custody of children, support, and other similar proceedings may be heard upon oral testimony or depositions, or both, or when both parties consent, or service having been made and a notice of the time and place of the hearing having been given, when both parties appear. Such suits may be heard by any justice or marital master of the family division at any time, but nothing contained in this section shall be construed as limiting the power of the family division to have issues of fact framed and tried by a jury, unless federal law preempts a jury trial, according to the rules in equity, or the course of such proceedings at common law.

490:35 Judges and Marital Masters. With the understanding of the special nature of matters within the family division, judges and marital masters selected to serve shall possess the following qualifications:

I. Willingness to serve in the family division;

II. Professional experience in family law matters;

III. Legal and personal qualities including, but not limited to:

(a) Knowledge of family matters, including related matters such as tax and pension law;

(b) Personal maturity so as to understand and make decisions on matters before the court; and

(c) Personal qualities of patience and understanding of the difficult personal matters which are the subject of the division and a willingness to deal with complex family matters in a non-adversarial manner.

3 Committee Established. There is established a committee to study procedures for implementation of a statewide family division.

4 Membership and Compensation.

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

(a) Three members of the house, 2 of whom shall be members of either the judiciary committee or the children and family law committee and one of whom shall be a member of the finance committee, appointed by the speaker of the house.

(b) Three members of the senate, who shall be members of the judiciary committee, appointed by the senate president.

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

5 Duties. The committee shall study and recommend the best method of establishing procedures for implementing a statewide family division.

6 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.

7 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 January 1, 2001.

8 Transfer of Funds and Personnel. Funds within the judicial branch operating budget and court personnel shall be transferred to the family division from the superior court and other courts as necessary.

9 Jurisdiction; Family Division in Rockingham County. Amend 1995, 152:4, IV as amended by 1996, 265:14 to read as follows:

IV. The courthouses in Rockingham county which will house the program shall be the Rockingham county courthouse, the Portsmouth district court, the Salem district court, and the Auburn district court. In the case of the Auburn district court, the supreme court shall have discretion to designate such other facility within the Auburn or Derry district as it deems appropriate.

(a) Matters arising in municipalities located within the Portsmouth district and the Hampton district shall be heard in the Portsmouth district court or such other location within the Portsmouth or Hampton district as the supreme court may designate.

(b) Matters arising in municipalities located within the Salem district shall be heard in the Salem district court.

(c) Matters arising in municipalities located within the Auburn district, except for the towns of Deerfield, Northwood, and Nottingham, and the Derry district shall be heard in the Auburn district court or such other location within the Auburn or Derry district as the supreme court may designate.

(d) Matters arising in municipalities located within the Exeter district and Plaistow district, as well as the towns of Deerfield, Northwood, and Nottingham, shall be heard in the Rockingham county courthouse.

10 Effective Date.

I. Sections 3-7 of this act shall take effect 60 days after its passage.

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

III. The remainder of this act shall take effect July 1, 2000.

2000-4561s

AMENDED ANALYSIS

This bill establishes a family division of the courts in Rockingham and Grafton counties and requires the supreme court to expand the family division to 2 other counties during the biennium beginning July 1, 2001. The bill also establishes a committee to study implementation of a statewide family division.

The bill also provides that family division matters arising in the towns of Deerfield, Northwood and Nottingham shall be heard in the Rockingham county courthouse in Brentwood. Currently, such matters arising in those towns are heard in the Auburn district court. The bill allows the supreme court to designate a location other than the Portsmouth district court within the Portsmouth or Hampton district for the hearing of family division matters.

Senator Squires moved to have HB 53, relative to qualifications and appointments of marital masters, laid on the table.

HB 53, relative to qualifications and appointments of marital masters.

HB 297-FN, permitting a jury trial in the superior court for alleged violations of the state law against discrimination for a certain time period or with the written assent of the commission for human rights after an action has been filed with the commission. Judiciary Committee. Vote 7-1. Ought to pass with amendment, Senator Gordon for the committee.

2000-4559s

08/09

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

AN ACT relative to the state commission for human rights and claims before it.

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

1 State Commission for Human Rights; Quorum. 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] the member in the performance of [his] the member’s duties.

2 New Paragraph; Powers and Duties of the Commission; 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 Commission for Human Rights; 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. A finding of probable cause by the investigating commissioner shall likewise be subject to a right of appeal to superior court. In either case, the appealing party shall have 60 days from receipt of the probable cause or no probable cause finding to appeal the finding. 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 credible evidence to support them. An unsworn investigative report compiled by a commissioner shall not be received in evidence.

4 Commission for Human Rights; 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 Commission for Human Rights; 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] 354-A:21 within 24 months after the filing date of the complaint.

6 New Section; Claims of Unlawful Discriminatory Practices; Choice of Remedies. Amend RSA 354-A by inserting after section 21 the following new section:

354-A:21-a Choice of Remedies. Any party alleging to be aggrieved by or alleged to have committed any practice made unlawful under this chapter may, upon receipt of a finding of probable cause or no probable cause by the investigating commissioner, appeal the finding to the superior court. Upon filing of an appeal, such party may remove his or her claim from the jurisdiction of the commission and bring an action in the superior court within 60 days of receipt of the finding of probable cause or no probable cause. If the superior court upholds a no probable cause finding, legal remedies of the petitioner are exhausted.

7 Commission for Human Rights; 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.

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

2000-4559s

AMENDED ANALYSIS

This bill:

I. Provides a right of appeal to superior court on a claim of a discriminatory practice after a finding of probable cause or no probable cause by a human rights commissioner.

II. Allows a party, upon filing of an appeal, to remove his or her claim from the jurisdiction of the commission and bring an action in the superior court.

III. Allows the commission to charge fees for educational services, programs, publications, and other materials.

IV. Changes the quorum to 4 members for purposes of conducting the commission’s business.

HB 628, relative to the relocation of the principal residence of a child. Judiciary Committee. Vote 8-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-4565s

04/10

Amend RSA 458:17, VI-a, (c) as inserted by section 1 of the bill by replacing it with the following:

(c) The court may approve the relocation of the principal residence of a minor child if the court determines that such relocation would be in the best interest of such minor child or children. In making its determination, the court shall consider the following factors:

(1) The age of each child involved.

(2) The developmental maturity and needs of each child.

(3) The possible impact that relocation may have on the physical, educational, emotional, and developmental well-being of the child or children, taking into consideration the nature of the relationship of the child to each parent and any special needs that the child may have.

(4) Actual visitation and custodial schedules.

(5) Founded cases of child abuse or domestic violence as defined in RSA 169-C or RSA 173-C.

(6) The child’s contact with the community.

Senator Trombly offered a floor amendment.

2000-4573s

04/01

Floor Amendment to HB 628

Amend RSA 458:17, VI-a as inserted by section 1 of the bill by inserting after subparagraph (c) the following new subparagraph:

(d) Any agreement or final order in any matter involving the custody or visitation of a minor child which prevents a parent from relocating shall be void and unenforceable as to that provision.

Senator squires offered a floor amendment.

Sen. Squires, Dist. 12

Sen. Gordon, Dist. 2

2000-4572s

04/10

Floor Amendment to HB 628

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 Regional Youth Center Pilot Program Established; Purpose.

I. A regional youth center pilot program for the placement of certain juveniles is hereby established in a location situated within Hillsborough county and in a location situated within the northern 4 counties (hereinafter referred to as the "pilot locations"), which may include the construction of new regional youth center facilities in Hillsborough county, and in a location chosen through a public selection process which is centrally situated, based upon geography and population, so as to be able to serve Coos, Grafton, Carroll, and Belknap counties, each with an initial capacity of 25 residential beds and the capacity to increase to not more than 50 beds.

II. The intent of the legislature is to encourage and enable the establishment of community-based regional youth centers for the provision of residential and non-residential services for juveniles involved in the juvenile justice system. Local providers, members of the public, the counties, and the state shall work together to provide an appropriate response to those juveniles determined to need a variety of programs and services that can be provided in a staff-secure setting. No similar facility currently exists within this state to provide short-term comprehensive community-based services for such juveniles, and the regional youth center pilot program is intended to be a model for other community-oriented juvenile facilities throughout this state in the future.

III. The purpose of the pilot program is to provide community-based services, including short-term residential services, for juveniles. The goal of this act is to encourage, in the context of the community, the wholesome moral, mental, emotional, and physical development of juveniles, including but not limited to those between the ages of 12 and 16, who are delinquent, in need of services, truant, runaway, or otherwise wayward, in order to assist the child in becoming a responsible and productive member of society. In order to accomplish this goal, community service providers in the two identified areas have agreed to provide education, treatment, care, guidance, and counseling for juveniles at a regional youth center.

2 Regional Youth Center Board; Membership.

I. A regional youth center board shall be established for the purpose of administering each of the regional youth center pilot locations. The members of the board shall be selected by a working group of local agencies currently meeting on a regular basis on issues or similar issues relating to this pilot program. For the Hillsborough county location, the board shall consist of residents of Hillsborough county, including public members. For the pilot location in the 4 northern counties, the board shall consist of residents of communities within those counties, including public members. The commissioners of the departments of youth development services, and health and human services, or their designees, shall also be members of the board. Any decision regarding the site of each pilot location shall only be made with input from neighbors of the proposed facility.

II. Board members shall be appointed and hold their initial meeting within 60 days of the effective date of this paragraph. At this initial meeting officers, including a chairperson and secretary, shall be elected and rules of procedure shall be adopted. Members of the board shall serve without compensation.

3 Powers and Duties. A regional youth center board shall have the following powers and duties:

I. To establish criteria for the admission of juveniles into the pilot program and to decline admission to any juvenile who does not meet those criteria. The board may, pursuant to procedures established by the board, remove any juvenile from a pilot location whose conduct interferes with the objectives of the program or whose behavior negatively affects another participant in the pilot program.

II. With the exception of bed supervision, to contract for the provision of ordinary and necessary services, including but not limited to residential, educational, security, healthcare services and community-based treatment, care, and counseling services for both juveniles attending the pilot program and their families.

III. To pursue additional funding for the pilot program, including but not limited to, grants or other moneys from federal, state, or private foundations or sources, and expend such grants, moneys, or other appropriations for the purposes of said pilot program.

IV. To establish an outcome-based evaluation plan for the program which shall provide for the collection of appropriate data and for the determination annually of the success of the regional youth center programming and services based on specific measures to be determined by the board.

V. To provide residential services to preadjudicated juveniles, adjudicated juvenile delinquents and children in need of services, and juveniles taken into temporary custody pursuant to RSA 169-B:9, II and RSA 169-D:8, II.

VI. To provide non-residential services to court-ordered and non-court-ordered juveniles on such terms and conditions as provided for in the criteria for admission established by the board.

4 Bed Supervision. The department of youth development services shall provide bed supervision for any regional youth center facility established in this act. Bed supervision shall consist of monitoring and supervising juveniles receiving residential services during the night time hours as such hours are established by the regional youth center board. The board shall determine the need for and extent of daytime supervision of juveniles in residence who are unable for any reason, including but not limited to illness, attend or participate in daytime programming. The state shall be responsible only for expenses related to bed supervision of juveniles in residence at a regional youth center .

5 Rulemaking. The commissioner of the department of youth development services shall adopt rules, pursuant to RSA 541-A, relative to the bed supervision of juveniles placed in a pilot location pursuant to the provisions of RSA 169-B and 169-D.

6 District Court; Jurisdiction.

I. Notwithstanding any law to the contrary, the pilot program and services established in this act shall be available for the purposes of actions and proceedings pursuant to RSA 169-B and 169-D in the district courts situated in the pilot locations.

II. Notwithstanding any provision of RSA 169-B to the contrary, any district court located in Hillsborough county shall have the authority to order placement in a pilot location for an adjudicated juvenile delinquent residing in Hillsborough county, and the district courts located in Coos, Grafton, Carroll, and Belknap counties shall have the authority to order placement in a pilot location for an adjudicated juvenile delinquent residing within those 4 counties, for a period to be determined by the court which shall not exceed 90 days.

III. Notwithstanding any provision of RSA 169-B or 169-D to the contrary, the district courts in the pilot locations shall have the authority, prior to adjudication and disposition, to order residential placement of a juvenile in the facility to the extent necessary to provide immediate supervision and protect the safety or welfare of the juvenile or the person or property of another. The district courts in the pilot locations shall comply with the provisions of RSA 169-B and RSA 169-D for the adjudication and disposition of any juvenile placed in the pilot program prior to such adjudication or disposition.

IV. The authority of the district courts in the pilot locations to place a juvenile in the pilot program is subject to the criteria established by a regional youth center board for the admission of juveniles to the pilot program and the authority of the board to decline to accept or to remove any juvenile who does not meet those criteria.

7 Regional Youth Center Pilot Program; Certification; Termination.

I. Regional youth center facilities shall be certified for the placement of minors pursuant to RSA 170-G:4, XVIII.

II. The regional youth center program shall terminate on July 1, 2003, unless otherwise authorized by a subsequent act of the legislature.

8 Department of Youth Development Services and Department of Health and Human Services; Biennial Budgets. The department of youth development services shall submit a budget for the biennium ending June 30, 2003 which shall include financial responsibility for bed supervision for regional youth center pilot facilities established in this act. The department of health and human services shall include in its budget for the biennium ending June 30, 2003 the costs for the services and programs provided at regional youth center pilot facilities for which the department is financially responsible.

9 Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.

10 Contingency. The provisions of this act establishing the pilot program shall only take effect upon the availability, from any source, of funds sufficient for the construction of new facilities or renovation of existing facilities, which shall fulfill the needs of the pilot program. If such funds are not available, the provisions of this act shall not take effect.

11 Effective Date.

I. Sections 1-9 of this act shall take effect as provided in section 10.

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

2000-4572s

AMENDED ANALYSIS

This bill establishes a regional youth center pilot program with pilot locations in Hillsborough county and in a centrally situated location within Coos, Grafton, Carroll, and Belknap counties, for the placement of certain juvenile offenders where the programs and services ordered by the court are provided by the local community.

Senator Fraser moved to have HB 628, relative to the relocation of the principal residence of a child, laid on the table.

HB 628, relative to the relocation of the principal residence of a child.

HB 1239, relative to durable powers of attorney. Judiciary Committee. Vote 8-0. Interim Study, Senator Gordon for the committee.

HB 1611, recodifying the state's DWI laws. Judiciary Committee. Vote 7-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2000-4560s

05/09

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

AN ACT creating a house committee to study recodification of the state’s DWI laws.

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

1 Committee Established. There is established a house of representatives committee to study the feasibility of recodifiying the state’s DWI laws.

2 Membership and Compensation.

I. The membership of the committee shall consist of all members of the house criminal justice and public safety 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 review existing laws throughout the statutes relative to operating motor vehicles, boats and OHRVs while alcohol or drug impaired, and study the feasibility of creating a chapter within Title 21 dealing exclusively with such offenses.

4 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 chairperson of the house criminal justice and public safety committee. 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 house clerk, the governor, and the state library on or before November 1, 2000.

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

2000-4560s

AMENDED ANALYSIS

This bill establishes a committee to review existing laws throughout the statutes relative to operating motor vehicles, boats and OHRVs while alcohol or drug impaired, and study the feasibility of creating a chapter within Title 21 dealing exclusively with such offenses.

Senator Trombly moved to have HB 1611, recodifying the state's DWI laws, laid on the table.

HB 1611, recodifying the state's DWI laws.

HB 1210-L, relative to capital reserve funds. Public Affairs Committee. Vote 6-0. Ought to Pass, Senator Krueger for the committee.

HB 1216, relative to petitions for warrant articles. Public Affairs Committee. Vote 6-0. Ought to Pass, Senator McCarley for the committee.

HB 1308, relative to nomination paper requirements. Public Affairs Committee. Vote 6-0. Ought to Pass, Senator Krueger for the committee.

Senator F. King offered a floor amendment.

2000-4601s

03/04

Floor Amendment to HB 1308

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

AN ACT relative to the manner in which candidates are listed on election ballots.

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

1 Elections; Preparation of Voting Materials; State General Election; Listing Candidates on Ballot. Amend RSA 656:5, II to read as follows:

II. All candidates for the same office shall be placed on separate lines within a separate box. The name of each candidate shall be grouped according to the party which nominates the candidate, and the names of the candidates of the party which received the largest number of votes at the last preceding state general election shall be listed first. The names of the candidates shall be printed with the given name first, and the candidates shall be listed alphabetically according to their surnames within each party grouping. The name of the party which nominates the candidate shall be printed near the candidate's name, except that, notwithstanding any other provision of law to the contrary, no candidate may receive the nomination of more than one political party, or appear on the ballot more than once as a candidate for the same office.

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

2000-4601s

AMENDED ANALYSIS

This bill clarifies that a candidate in a state general election cannot appear on the election ballot more than once as a candidate for the same office.

HB 1331, relative to campaign contributions by corporations. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-4569s

03/09

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

1 New Paragraph; Definition; "Segregated Accounts." Amend RSA 664:2 by inserting after paragraph XVII the following new paragraph:

XVIII. "Segregated accounts" mean accounts funded by contributions solicited from a business organization’s employees, officers, shareholders, directors, partners, or members for political purposes.

2 Prohibited Political Organizations; Business Organizations. RSA 664:4, I is repealed and reenacted to read as follows:

I. By any business organization, officer, director, executive, agent, partner or employee acting in behalf of such business organization. This paragraph shall not prohibit the establishment or administration of a separate, segregated account which shall constitute a political committee as defined in RSA 664:2 that operates independently of the business organization to be used for making political contributions and expenditures if the fund consists only of voluntary contributions solicited from an individual who is an employee, officer, shareholder, director, partner or member of the business organization. The provisions of this section shall not apply to sole proprietorships.

3 Political Expenditures and Contributions; Prohibited Political Contributions; Segregated Account Exception. Amend RSA 664:4, III to read as follows:

III. By any labor union or group of labor unions, or by any officer, director, executive, agent or employee acting in behalf of such union or group of unions; or by any organization representing or affiliated with any such union or group of unions, or by any officer, director, executive, agent or employee acting in behalf of such organization. This paragraph shall not prohibit the establishment of a separate, segregated account which shall constitute a political committee, as defined in RSA 664:2, III, that operates independently of the labor union to be used for making political contributions and expenditures if the account consists only of voluntary contributions solicited from an individual who is an employee, officer, shareholder, director, partner, or member of the labor union.

4 Repeal. RSA 664:4, II, relative to prohibited political contributions by partnerships, is repealed.

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

2000-4569s

AMENDED ANALYSIS

This bill eliminates the prohibition on political contributions by business organizations and labor unions that have established segregated accounts for voluntary contributions.

Senator Below offered a floor amendment.

2000-4585s

03/10

Floor Amendment to HB 1331

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

AN ACT relative to campaign contributions by business organizations.

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

1 New Paragraph; Political Expenditures and Contributions; Definitions; Segregated Accounts. Amend RSA 664:2 by inserting after paragraph XVII the following new paragraph:

XVIII. "Segregated accounts" means accounts funded by contributions solicited from a business organization’s, labor union’s, or group of labor unions’ employees, officers, shareholders, directors, partners, or members for political purposes.

2 Political Expenditures and Contributions; Prohibited Political Contributions; Segregated Account Exception; Business Organizations. RSA 664:4, I is repealed and reenacted to read as follows:

I. By any business organization, officer, director, executive, agent, partner, or employee acting in behalf of such business organization. This paragraph shall not prohibit the establishment of a separate, segregated account which shall constitute a political committee, as defined in RSA 664:2, III, that operates independently of the business organization to be used for making political contributions and expenditures if such account consists only of voluntary contributions solicited from an individual who is an employee, officer, shareholder, director, partner, or member of the business organization. The provisions of this section shall not apply to sole proprietorships.

3 Political Expenditures and Contributions; Prohibited Political Contributions; Segregated Account Exception; Labor Unions. Amend RSA 664:4, III to read as follows:

III. By any labor union or group of labor unions, or by any officer, director, executive, agent or employee acting in behalf of such union or group of unions; or by any organization representing or affiliated with any such union or group of unions, or by any officer, director, executive, agent or employee acting in behalf of such organization. This paragraph shall not prohibit the establishment of a separate, segregated account which shall constitute a political committee, as defined in RSA 664:2, III, that operates independently of the labor union to be used for making political contributions and expenditures if such account consists only of voluntary contributions solicited from an individual who is an employee, officer, shareholder, director, partner, or member of the labor union.

4 Repeal. RSA 664:4, II, relative to prohibited political contributions by partnerships, is repealed.

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

2000-4585s

AMENDED ANALYSIS

This bill defines segregated accounts and eliminates the prohibition on political contributions by business organizations and labor unions that have established segregated accounts for voluntary contributions.

HB 1531, relative to the preemption of local regulations of firearms. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-4570s

05/10

Amend the bill by replacing section 1 with the following:

1 New Section; Preemption of Local Firearms Regulations. Amend RSA 159 by inserting after section 6-f the following new section:

159:6-g Preemption of Local Firearms Regulations. No political subdivision shall impose special taxation on, enact any law, ordinance, or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, carrying, or possession of handguns or other firearms, or components of handguns or other firearms, except as otherwise provided in state or federal law. This section shall not be deemed to affect RSA 159-B, nor the control of municipalities over the use of municipally owned property, excluding public highways as defined by RSA 229:1, nor the administration of other sections of this chapter.

Senator Gordon moved to substitute Interim Study for ought to pass with amendment.

The House of Representatives has failed to obtain, as required by House Rule 35 (e), the required two-thirds vote necessary for consideration, the House of Representatives refused to consider the request for concurrence with the Senate amendment to the following entitled House Bill because language in the amendment is substantially similar to legislation indefinitely postponed by the House during the 1999 session.:

HB 542-FN-A, repealing the legacies and succession tax.

HB 542-FN-A, repealing the legacies and succession tax.

Senator Trombly moved ought to pass.

Senator Trombly offered a floor amendment.

Sen. Trombly, Dist. 7

Sen. McCarley, Dist. 6

Sen. J. King, Dist. 18

Sen. D’Allesandro, Dist. 20

2000-4596s

09/01

Floor Amendment to HB 542-FN-A

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

AN ACT repealing the legacies and succession tax.

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

1 Repeal. RSA 86, relative to the legacies and succession tax, is repealed.

2 Contingency. Section 1 of this act shall take effect upon the effective date of legislation which creates sufficient revenue, as evidenced by the fiscal note or notes accompanying such legislation, to meet or exceed the revenue lost by the repeal of the legacies and succession tax.

3 Effective Date.

I. Section 1 of this act shall take effect as provided in section 2 of this act.

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

2000-4596s

AMENDED ANALYSIS

This bill repeals the legacies and succession tax, contingent upon the adoption of legislation which creates sufficient revenue to meet or exceed the revenue lost by the repeal of the legacies and succession tax.

Senator Below offered a floor amendment.

2000-4584s

09/04

Floor Amendment to HB 542-FN-A

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

AN ACT repealing the legacies and succession tax.

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

1 Repeal. RSA 86, relative to the legacies and succession tax, is repealed.

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

2000-4584s

AMENDED ANALYSIS

This bill repeals the legacies and succession tax.

Sen. Trombly, Dist. 7

Sen. McCarley, Dist. 6

Sen. J. King, Dist. 18

Sen. D’Allesandro, Dist. 20

2000-4594s

09/01

Floor Amendment to HB 542-FN-A

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

AN ACT repealing the legacies and succession tax.

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

1 Repeal. RSA 86, relative to the legacies and succession tax, is repealed.

2 Contingency. Section 1 of this act shall take effect upon the date that the governor certifies to the senate president and the speaker of the house that the 3 percent budget cut and the hiring freeze imposed for the 2000-2001 biennium is rescinded.

3 Effective Date.

I. Section 1 of this act shall take effect as provided in section 2 of this act.

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

2000-4594s

AMENDED ANALYSIS

This bill repeals the legacies and succession tax, contingent upon the recision of the 3 percent budget cut and the hiring freeze imposed for the 2000-2001 biennium..

Senator F. King offered a floor amendment.

2000-4571s

04/01

Floor Amendment to HB 542-FN-A

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 Findings, Purpose, and Legislative Intent.

I. Findings on the Basis for a Successful Public Education System. The legislature finds that the overall quality of a public education system – curriculum, facilities, teachers, and administration – is enhanced if it is created and financed in the first instance through democratic processes carried out through local governments. This finding is based on the following conclusions:

(a) Local administration and local financing for public education will generate a successful education for children because local decision-making vests parents, teachers, administration, and the local community in the operation and outcome of the schools in a direct and personal way.

(b) A principally state-financed public education system will undermine the generation of a successful education for children because (i) resources devoted to public education will be reduced over time due to the fact that the state budget and appropriation process is more complex and competitive than the local government budget process, and (ii) state financing will reduce parental involvement in the development of local public school programs.

(c) A public education system should be based on a mix of state resources and local resources in order to enhance the opportunity for generation of a successful education for children, and that mix should be generally consistent with historical and current data concerning public education in New England. New England states are generally financed with local revenues first and with state revenues second, with local revenues constituting between 50 and 70 percent of the total public education budget.

II. Findings on the Status of the Current Public Education System. The legislature makes the following findings concerning the status of the current public education system in this state.

(a) The legislature finds that the public education system in existence before the enactment of chapter 17 and chapter 65 of 1999 NH Laws, and the public education system adopted pursuant to such laws, presented and continues to present, unreasonable risks that children in poorer communities are at risk of receiving a less-than-constitutionally-adequate education. This finding is based on the following conclusions:

(1) The mix of state resources and local resources generally established in the public education system in New Hampshire in 1998, whereby over 90 percent of the total annual cost of public education was financed by local property tax resources, generated too great a risk that the state’s obligation to guarantee funding to ensure that all children will receive an adequate education would not be fulfilled.

(2) The mix of state resources and local resources established in the public education system in New Hampshire under chapter 17 and chapter 65 of 1999 NH Laws, whereby over 65 percent of the total annual cost of public education is financed by state resources that are distributed on a weighted per pupil basis, regardless of need, generates too great a risk that the state’s obligation to guarantee funding to ensure that all children will receive an adequate education would not be fulfilled.

(3) The legislature finds that the public education system established under chapter 17 and chapter 65 of 1999 NH Laws, whereby the state education aid is distributed among communities on a weighted per pupil basis regardless of any determination of need for such state aid, and local communities are then encouraged to utilize their local property tax resources to supplement such state aid, risks exacerbating educational inequities that exist among "property rich" and "property poor" districts.

(b) The legislature finds that the operation and financing of the public education system established by chapter 17 and chapter 65 of 1999 NH Laws threatens to undermine the ability of the state to finance its non-public education obligations. This finding is based on the following conclusions:

(1) The state financing obligation established by the remedial legislation is $827 million for the fiscal year ending June 30, 2000. This amount is computed by reference to the number of pupils in the entire state, regardless of whether the students attend a school district that is at risk of providing a less than adequate education. This obligation, without amendment, could grow at an annual rate of at least 9 percent.

(2) The state financing obligation established by chapter 17 and chapter 65 of 1999 NH Laws, and its estimated growth, will soon double the state’s appropriations from the general fund (approximately $1 billion for the fiscal year ending June 30, 2000).

(3) Over the past 10 years, the state’s appropriations from the general fund have increased at an average annual rate of approximately 3 percent. The legislature finds that the state’s ability to continue to meet these non-public education general fund obligations will be materially jeopardized by the growth of the state financing obligation established by chapter 17 and chapter 65 of 1999 NH Laws.

(4) Any attempt to continue to meet the state financing obligation established by chapter 17 and chapter 65 of 1999 NH Laws, and its estimated growth, would require the enactment and expansion of taxes of various forms, including the state education property tax, which will together undermine and jeopardize the economy of the state.

III. Findings on the Public Education Financing System Established by This Act.

(a) In order to protect and secure the future of this state’s public education system consistent with the findings stated above, the legislature hereby establishes an integrated public education financing system which:

(1) Encourages the generation of a public education system that is constructed principally upon the foundation and investment of local parental, teacher and school administration resources, which is consistent with the legislature’s finding that the best format for ensuring that no child receives a less than adequate education is a locally-created, locally-financed and locally-maintained system;

(2) Significantly increases the aggregate amount of state financial assistance for public education in a manner that causes the state contribution to the total cost of public education to be over 60 percent, which is well above the average within New England, which is consistent with the legislature’s findings that the prior system relied too heavily on local property tax resources; and

(3) Provides the state public education assistance to school districts through 2 separate methods, one which distributes "baseline assistance" to each community in accordance with a weighted per pupil formula, and the other which distributes "adequacy guarantee assistance" among communities based on their relative abilities to utilize local property tax resources to build a successful public education system.

(b) The legislature finds that the combination and integration of financing methods established in this act, comprised of local property tax resources, state "baseline assistance" and "adequacy guarantee assistance," establishes a public school system that will satisfy the constitutional obligation of the state (i) to provide an adequate education throughout the state, and (ii) to guarantee funding to ensure that no child shall receive less than a constitutionally adequate education.

(c) The legislature finds that the act’s establishment of a 2-tiered state public education financial assistance program, which distributes "baseline assistance" to every community on a weighted per pupil basis, and which distributes "adequacy guarantee assistance" on a basis which takes into account the relative abilities of communities to utilize local resources to create and finance public education, is much more precisely targeted than a system that provides state aid based on a "cost of adequacy per pupil" methodology to satisfy the state’s obligation to ensure that no child receives a less than constitutionally adequate education.

(d) Given that each component of the financing system established by this act (local property tax resources plus state "baseline assistance" and state "adequacy guarantee assistance") serves a fundamental and special purpose articulated by the legislature, the legislature finds that no one of these financing mechanisms would be sufficient, by itself, to pay for the provision of an adequate education anywhere in the state, but all together accomplish this constitutional mandate for every child throughout the state, and that the provision of "adequacy guarantee assistance" to needy communities will satisfy the state’s obligation to guarantee funding to ensure that no child receives a less than constitutionally adequate education.

(e) The legislature finds that each and every resource used to fund the "baseline assistance" and the "adequacy guarantee assistance" distribution mechanisms is a state-imposed resource that has been raised by taxes that are imposed on a proportional and reasonable basis throughout the state or through other state general fund resources.

(f) The legislature finds that the integration of such state financial assistance with the local democratic processes of utilizing the local property tax to fund public education throughout the state in the manner required by this act achieves and fulfills the state’s obligation to guarantee funding to ensure that no child receives a less than constitutionally adequate education.

2 State Aid for Educational Adequacy; Subdivision Heading Amended. Amend the subdivision heading immediately preceding RSA 198:38 to read as follows:

State [Aid] Baseline Assistance for

Educational Adequacy; Education Trust Fund

3 Education Trust Fund; References Amended. Amend the introductory paragraph of RSA 198:39, I to read as follows:

I. The state treasurer shall establish an education trust fund in the treasury. Moneys in such fund shall not be used for any purpose other than to distribute [adequate education grants] state baseline assistance for educational adequacy under RSA 198:42 and state aid to guarantee educational adequacy under RSA 198:58 and RSA 198:65 to municipalities’ school districts [pursuant to RSA 198:42], and to provide education property tax hardship relief under RSA 198:55. The state treasurer shall deposit into this fund immediately upon receipt:

4 Determination of Per Pupil Adequate Education Costs and Adequate Education Grants; Reduction Factor for Grants Deleted. Amend RSA 198:40, I (b) (3) to read as follows:

(3) The department of education shall calculate the average base cost per pupil of an adequate education at the elementary school level by multiplying the base expenditure per pupil of each school district identified in subparagraph I(b)(2) of this section by the average daily membership in attendance at each of the selected school districts, and add the results across all districts selected. This sum shall then be divided by the total average daily membership in attendance at the elementary school level in all of the selected school districts [and the result shall be multiplied by .9025].

5 Determination of Adequate Education Grants; Multiplication Factor Added. Amend RSA 198:41, I (c) to read as follows:

(c) Subtract from the sum of subparagraph (b) the amount of the education property tax warrant to be issued by the commissioner of revenue administration for such municipality reported pursuant to RSA 76:9 for the next tax year[.];

6 New Subdivisions; State Aid to Guarantee Educational Adequacy; State Alternative Aid to Guarantee Educational Adequacy. Amend RSA 198 by inserting after section 55 the following new subdivisions:

State Aid to Guarantee Educational Adequacy

198:56 Statement of Policy. It is hereby declared to be the policy of the state of New Hampshire to share in the costs of public elementary and high school education of the local school districts of the state to the end that:

(a) The more needy school districts may be assisted in providing an adequate education program; and

(b) Education throughout New Hampshire may be improved.

198:57 Definitions. As used in this subdivision:

I. "State average equalized valuation per weighted pupil" means the equalized valuation within the state divided by the current number of weighted pupils within the state, as calculated by the department of education, using the weighted pupil figures and the equalized valuation as published by the department of revenue administration for the second preceding fiscal year.

II. "Local equalized valuation per weighted pupil" means the equalized valuation within the school district divided by the current number of weighted pupils within the school district, as calculated by the department of education, using the weighted pupil figures and the equalized valuation as published by the department of revenue administration for the second preceding fiscal year.

III. "State per capita income" means the state per capita income as calculated by the United States Bureau of the Census, from the most recent available data.

IV. "Local per capita income" means the per capita income of the municipalities whose boundaries correspond with those of the school district, as calculated by the United States Bureau of the Census, from the most recent available data.

V. "State average revenue per weighted pupil" means the total assessment for schools within the state divided by the total number of weighted pupils within the state, as calculated by the department of education.

VI. "Local revenue per weighted pupil" means the local assessment for schools divided by the local number of weighted pupils, as calculated by the department of education.

VII. "Local equalized school tax rate" means the local equalized school tax rate, as calculated by the department of education.

VIII. "State average equalized school tax rate" means the state average equalized school tax rate, as calculated by the department of education.

IX. "Weighted pupil" means a resident pupil who has been assigned to one of the following classifications, based on the type of education the pupil received. The weights assigned to a high school pupil and to a high school pupil enrolled in a state approved vocational program reflect the differences in educational costs between these classifications when compared to the average current operating expenditure to educate a resident elementary pupil. The weights assigned to an educationally disabled child reflect the differences in education costs among the classifications of educationally disabled children when compared to the average current operating expenditure to educate a resident pupil in grades kindergarten through 12 who is not educationally disabled and not a high school pupil enrolled in a state approved vocational program. The following classifications of pupils shall carry the following weights:

(a) An elementary pupil, not educationally disabled as defined in RSA 186-C:2, I, which shall include kindergarten pupils, 1.0.

(b) A high school pupil, not educationally disabled as defined in RSA 186-C:2, I and not enrolled in a state-approved vocational program, 1.21.

(c) A high school pupil enrolled in a state-approved vocational program, 2.01.

(d) An educationally disabled child as defined in RSA 186-C:2, I, in one of the following types of programs:

(1) In-district, placed within a self-contained special education classroom, 2.57.

(2) In-district, without placement in a self-contained special education classroom, 2.12.

(3) An out-of-district day placement, 7.08.

(4) A residential placement, 8.72.

(5) A pre-school day placement, 3.37.

X. "Local education program cost" means the local number of weighted pupils multiplied by the state average cost of elementary pupils as determined by the department of education based on the school year in which the weighted factors are computed and shall not include the costs of special education.

198:58 State Aid to Guarantee Educational Adequacy; Calculation; Distribution.

I. The total number of weighted pupils for a school district shall be calculated by first multiplying the number of resident pupils in each of the classifications listed in RSA 198:57, IX by the weight factor for that classification in order to determine the number of weighted pupils in each classification. The numbers of weighted pupils in each of the classifications are then added together to determine the total number of weighted pupils for the school district.

II. An equalization factor shall be determined for each school district by the following formula:

State average equalized State per

valuation per weighted pupil X capita income X the average of

Local equalized Local per

valuation per weighted pupil capita income

Local equalized school tax rate State average revenue

Local per capita income per weighted pupil

__________________________________ + _________________________

State average equalized school tax rate Local revenue per

State per capita income weighted pupil

equals the equalization factor.

III. Beginning with distribution for fiscal year 1992, in no case shall a district's equalization factor, as determined in paragraph II, be greater than 9.

IV. For the purposes of calculating aid to cooperative school districts, each pre-existing district shall have its equalization factor, as determined in paragraph II, calculated separately. In calculating that equalization factor, the weighted pupils in vocational education in cooperative school districts and the weighted pupils in special education in cooperative school districts shall be apportioned to each pre-existing district in direct proportion to the pre-existing district's share of the cooperative school district budget. However, cooperative school districts formed by 2 or more pre-existing districts whose boundaries approximate those of a single township in which they are located shall be treated as a single school district.

V. A district percentage shall be determined for each school district by the following formula:

District Percentage = Equalization factor

as determined by paragraph II X .08

VI. State aid to guarantee educational adequacy for each school district shall be calculated as follows:

State Aid to Guarantee

Educational Adequacy = District Percentage X Local education program

program cost per fiscal year

VII. For the purposes of distributing state aid to guarantee educational adequacy, a cooperative school district shall be entitled to the total amount of aid to which the pupils attending the cooperative district would have entitled the pre-existing districts, had they remained in the pre-existing districts. Each such pre-existing district shall have its state aid to guarantee educational adequacy credited against its share of the cooperative school district budget. However, cooperative school districts formed by 2 or more pre-existing districts whose boundaries approximate those of a single township in which they are located shall be treated as a single school district.

198:59 Adjustment Constant. If the total of the funds computed initially to be distributed in accordance with RSA 198:58 does not match the total of the funds appropriated for distribution under RSA 198:58, then the department of education shall determine the constant to be subtracted from each district's percentage as calculated in RSA 198:58, V; however, in no case shall a district percentage be less than zero. This constant shall assure that the funds computed for distribution equal the funds appropriated for distribution.

198:60 Administration.

I. State aid to guarantee educational adequacy shall be paid to the school district legally responsible for the education of the pupils who attend approved public schools within the district or in other districts, as the case may be. Payment of state aid to guarantee educational adequacy shall be made during the state fiscal year for which such aid is due.

II. State aid to guarantee educational adequacy shall be distributed in 3 approximately equal payments per year. The sweepstakes portion of state aid to guarantee educational adequacy payments shall each be based on sweepstakes revenues earned 2 payment periods previous to the period of distribution. Third period distribution of sweepstakes revenues shall therefore represent revenues earned in the first period and calculated in the second period. The first payment of state aid to guarantee educational adequacy, to be made during the month of September, shall be approximately 1/3 of the total annual payment, plus or minus any adjustment required from a prior distribution based on sweepstakes revenues exceeding amounts estimated during the prior period of calculation. The other 2 payments, to be made during the months of January and April, shall make adjustment for any overpayment or underpayment made in the September payment. Such adjustments shall be calculated based upon any sweepstakes revenues earned during the period of calculation in excess of estimated revenues. In no event shall such distribution of sweepstakes revenues be made which amounts to less than the amount appropriated for the purpose of funding state aid to guarantee educational adequacy in the operating budget for the fiscal year.

198:61 Time of Computation of State Aid to Guarantee Educational Adequacy. Before April 1 of each year all school districts shall submit to the commissioner of education the average daily resident membership of that district for the school year which ended in the preceding July. The resident membership information shall categorize each of the pupils into one of the classifications in RSA 198:57, IX. Before October 1 the department of education shall estimate the amount of state aid to guarantee educational adequacy which each school district shall receive for the fiscal year which begins the following July 1. The department of education shall notify the school districts of the estimated amount of state aid to guarantee educational adequacy to which they are entitled for the following fiscal year by November 1.

198:62 Authority of Department of Education. The department of education shall have the following duties:

I. To calculate the state average equalized valuation per weighted pupil.

II. To calculate the local equalized valuation per weighted pupil.

III. To calculate the state average revenue per weighted pupil.

IV. To calculate the local revenue per weighted pupil.

V. To calculate the local equalized school tax rate, based on the assessment as determined by the department of revenue administration.

VI. To calculate the state average equalized school tax rate, based on the assessment as determined by the department of revenue administration.

VII. To determine the local education program cost.

VIII. To calculate the equalization factor as determined by RSA 198:58, II.

IX. To calculate the state aid to guarantee educational adequacy for each district as determined by RSA 198:58, VI.

X. To determine the constant to meet the appropriations as directed in RSA 198:59.

State Alternative Aid to Guarantee Educational Adequacy

198:63 Statement of Policy. It is hereby declared to be the policy of the state of New Hampshire to share in the costs of public elementary and high school education in order to assist the more needy school districts in providing an adequate educational program.

198:64 Definitions. In this subdivision:

I. "Local equalized valuation per weighted pupil" means the total equalized valuation within the school district divided by the current number of weighted pupils within the school district, as calculated by the department of education.

II. "Local equalized school tax rate" means the local equalized school tax rate, as calculated by the department of education.

III. "Local harmonic estimate of fiscal capacity" means the quotient of the number 2 divided by the sum of the multiplicative inverse of the local tax estimate of fiscal capacity added to the multiplicative inverse of the local income estimate of fiscal capacity, as calculated by the department of education.

IV. "Local income effort" means the local revenue per weighted pupil divided by the local per capita income, as calculated by the department of education.

V. "Local income estimate of fiscal capacity" means the local per capita income multiplied by the state average income effort, as calculated by the department of education.

VI. "Local per capita income" means the per capita income of the municipality whose boundaries correspond with those of the school district, as that income is determined by the department of revenue administration from the most recently available data.

VII. "Local revenue per weighted pupil" means the product of the local equalized school tax rate multiplied by the local equalized valuation per weighted pupil, as calculated by the department of education.

VIII. "Local summary estimate of fiscal capacity" means, for a school district, the local harmonic estimate of fiscal capacity, as calculated by the department of education.

IX. "Local tax estimate of fiscal capacity" means the local equalized valuation per weighted pupil multiplied by the state average equalized school tax rate, as calculated by the department of education.

X. "State average equalized school tax rate" means the sum of the products of the local equalized school tax rate multiplied by the local number of weighted pupils, which sum is then divided by the total number of weighted pupils within the state, as calculated by the department of education.

XI. "State average income effort" means the sum of the products of the local income effort multiplied by the local number of weighted pupils, which sum is then divided by the total number of weighted pupils within the state, as calculated by the department of education.

XII. "Weighted pupil" means a resident pupil who has been assigned to one of the following classifications, based on the type of education the pupil received. The weights assigned to a high school pupil and to a high school pupil enrolled in a state approved vocational program reflect the differences in educational costs between these classifications when compared to the average current operating expenditure to educate a resident elementary pupil. The weights assigned to an educationally disabled child reflect the differences in education costs among the classifications of educationally disabled children when compared to the average current operating expenditure to educate a resident pupil in grades kindergarten through 12 who is not educationally disabled and not a high school pupil enrolled in a state approved vocational program. The following classifications of pupils shall carry the following weights:

(a) An elementary pupil, not educationally disabled as defined in RSA 186-C:2, I, which shall include kindergarten pupils, 1.0.

(b) A high school pupil, not educationally disabled as defined in RSA 186-C:2, I and not enrolled in a state-approved vocational program, 1.21.

(c) A high school pupil enrolled in a state-approved vocational program, 2.01.

(d) An educationally disabled child as defined in RSA 186-C:2, I, in one of the following types of programs:

(1) In-district, placed within a self-contained special education classroom, 2.57.

(2) In-district, without placement in a self-contained special education classroom, 2.12.

(3) An out-of-district day placement, 7.08.

(4) A residential placement, 8.72.

(5) A pre-school day placement, 3.37.

198:65 State Alternative Aid to Guarantee Educational Adequacy; Calculation; Distribution.

I. The total number of weighted pupils for a school district shall be calculated by first multiplying the number of resident pupils in each of the classifications listed in RSA 198:64, XII by the weight factor for that classification in order to determine the number of weighted pupils in each classification. The numbers of weighted pupils in each of the classifications are then added together to determine the total number of weighted pupils for the school district.

II. For the purpose of calculating aid to cooperative school districts, each pre-existing school district shall have its local summary estimate of the fiscal capacity calculated separately. In calculating the local summary estimate of fiscal capacity, the weighted pupils in vocational education in cooperative school districts and the weighted pupils in special education in cooperative school districts, shall be apportioned to each pre-existing district in direct proportion to the pre-existing district's share of the cooperative school district budget. However, cooperative school districts formed by 2 or more preexisting districts whose boundaries approximate those of a single township in which they are located shall be treated as a single school district.

III. Each school district whose local summary estimate of fiscal capacity is less than the foundation amount shall receive state alternative aid to guarantee educational adequacy equal to the product of the district's total number of weighted pupils multiplied by the difference between the foundation amount and the district's summary estimate of fiscal capacity.

IV. The state alternative aid to guarantee educational adequacy shall be $5,373.87 per weighted pupil.

V. For the purposes of distributing state alternative aid to guarantee educational adequacy to a district, a cooperative school district shall be entitled to the total amount of aid to which the pupils attending the cooperative district would have entitled the preexisting districts, had they remained in the preexisting districts. Each such preexisting district shall have its state alternative aid to guarantee educational adequacy credited against its share of the cooperative school district budget. However, cooperative school districts formed by 2 or more preexisting districts whose boundaries approximate those of a single township in which they are located shall be treated as a single school district.

198:66 Time of Computation of State Alternative Aid to Guarantee Educational Adequacy. Before April 1 of each year all school districts shall submit to the commissioner of education the average daily resident membership of that district for the school year which ended in the preceding July. The resident membership information shall categorize each of the pupils into one of the classifications in RSA 198:64, XII. Before October 1 the department of education shall estimate the amount of state aid to guarantee educational adequacy which each school district shall receive for the fiscal year which begins the following July 1. The department of education shall notify the school districts of the estimated amount of state aid to guarantee educational adequacy to which they are entitled for the following fiscal year by November 1.

7 Education Property Tax; Uniform Rate Adjusted. Amend RSA 76:3 to read as follows:

76:3 Education Property Tax. An annual education property tax at the uniform rate of [$6.60] $6.10 on each $1000 of the value of taxable property is hereby imposed on all persons and property taxable pursuant to RSA 72 and RSA 73, except property subject to tax under RSA 82 and RSA 83-F.

8 Appropriation. The sum of $200,000,000 is hereby appropriated, for each of the fiscal years ending June 30, 2002 and June 30, 2003, from the education trust fund established under RSA 198:39, to the department of education for the purpose of funding the distributions required by RSA 198:58 and RSA 198:65 as inserted by section 6 of this act.

9 Repeal. The following are repealed:

I. RSA 86, relative to the taxation of legacies and successions.

II. RSA 198:56 through 198:66, relative to state aid to guarantee educational adequacy.

10 Effective Date.

I. Section 9, paragraph II of this act shall take effect January 2, 2003.

II. The remainder of this act shall take effect July 1, 2001.

2000-4571s

AMENDED ANALYSIS

This bill:

I. Repeals the taxation of legacies and successions effective July 1, 2001.

II. Establishes a 2-tiered public school financing system comprised of (a) the existing state aid for educational adequacy (renamed "baseline assistance for educational adequacy") and (b) state aid/alternative state aid to guarantee educational adequacy which are based on the previous foundation aid and alternative aid formulas for determining state aid to education.

III. Modifies the formula for determining baseline assistance for educational adequacy.

IV. Reduces the education property tax rate from $6.60 to $6.10 on each $1,000 of the value of taxable property.

V. Makes an appropriation of $200,000,000 from the education trust fund for each of the fiscal years ending June 30, 2002 and June 30, 2003, to the department of education for the purpose of funding the distributions required by RSA 198:58 and RSA 198:65, as inserted by this bill.

VI. Establishes a prospective repeal date of January 2, 2003 for the 2-tiered public school financing system created in this bill.

Senator Squires moved to have HB 628, relative to the relocation of the principal residence of a child, taken off the table.

HB 628, relative to the relocation of the principal residence of a child.

Senator Squires offered a floor amendment.

May 18, 2000

2000-4606s

04/10

Floor Amendment to HB 628

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

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

1 New Paragraph; Relocation of the Principal Residence of a Minor Child. Amend RSA 458:17 by inserting after paragraph VI the following new paragraph:

VI-a.(a) In cases involving one or more minor children, the final decree of divorce shall address the subject of the possible future relocation of the principal residence of such minor children.

(b) No permanent stipulation shall be approved unless it addresses the subject of the possible future relocation of the principal residence of any minor children involved.

(c) The court may approve the relocation of the principal residence of a minor child if the court determines that such relocation would be in the best interest of such minor child or children. In making its determination, the court shall consider the following factors:

(1) The age of each child involved.

(2) The developmental maturity and needs of each child.

(3) The possible impact that relocation may have on the physical, educational, emotional, and developmental well-being of the child or children, taking into consideration the nature of the relationship of the child to each parent and any special needs that the child may have.

(4) Actual visitation and custodial schedules.

(5) Founded cases of child abuse or domestic violence as defined in RSA 169-C or RSA 173-C.

(6) The child’s contact with the community.

(d) Any agreement or final order in any matter involving the custody or visitation of a minor child which prevents a parent from relocating shall be void and unenforceable as to that provision.

2 Regional Youth Center Pilot Program Established; Purpose.

I. A regional youth center pilot program for the placement of certain juveniles is hereby established in a location situated within Hillsborough county and in a location situated within the northern 4 counties (hereinafter referred to as the "pilot locations"), which may include the construction of new regional youth center facilities in Hillsborough county, and in a location chosen through a public selection process which is centrally situated, based upon geography and population, so as to be able to serve Coos, Grafton, Carroll, and Belknap counties, each with an initial capacity of 25 residential beds and the capacity to increase to not more than 50 beds.

II. The intent of the legislature is to encourage and enable the establishment of community-based regional youth centers for the provision of residential and non-residential services for juveniles involved in the juvenile justice system. Local providers, members of the public, the counties, and the state shall work together to provide an appropriate response to those juveniles determined to need a variety of programs and services that can be provided in a staff-secure setting. No similar facility currently exists within this state to provide short-term comprehensive community-based services for such juveniles, and the regional youth center pilot program is intended to be a model for other community-oriented juvenile facilities throughout this state in the future.

III. The purpose of the pilot program is to provide community-based services, including short-term residential services, for juveniles. The goal of this act is to encourage, in the context of the community, the wholesome moral, mental, emotional, and physical development of juveniles, including but not limited to those between the ages of 12 and 16, who are delinquent, in need of services, truant, runaway, or otherwise wayward, in order to assist the child in becoming a responsible and productive member of society. In order to accomplish this goal, community service providers in the two identified areas have agreed to provide education, treatment, care, guidance, and counseling for juveniles at a regional youth center.

3 Regional Youth Center Board; Membership.

I. A regional youth center board shall be established for the purpose of administering each of the regional youth center pilot locations. The members of the board shall be selected by a working group of local agencies currently meeting on a regular basis on issues or similar issues relating to this pilot program. For the Hillsborough county location, the board shall consist of residents of Hillsborough county, including public members. For the pilot location in the 4 northern counties, the board shall consist of residents of communities within those counties, including public members. The commissioners of the departments of youth development services, and health and human services, or their designees, shall also be members of the board. Any decision regarding the site of each pilot location shall only be made with input from neighbors of the proposed facility.

II. Board members shall be appointed and hold their initial meeting within 60 days of the effective date of this paragraph. At this initial meeting officers, including a chairperson and secretary, shall be elected and rules of procedure shall be adopted. Members of the board shall serve without compensation.

4 Powers and Duties. A regional youth center board shall have the following powers and duties:

I. To establish criteria for the admission of juveniles into the pilot program and to decline admission to any juvenile who does not meet those criteria. The board may, pursuant to procedures established by the board, remove any juvenile from a pilot location whose conduct interferes with the objectives of the program or whose behavior negatively affects another participant in the pilot program.

II. With the exception of bed supervision, to contract for the provision of ordinary and necessary services, including but not limited to residential, educational, security, healthcare services and community-based treatment, care, and counseling services for both juveniles attending the pilot program and their families.

III. To pursue additional funding for the pilot program, including but not limited to, grants or other moneys from federal, state, or private foundations or sources, and expend such grants, moneys, or other appropriations for the purposes of said pilot program.

IV. To establish an outcome-based evaluation plan for the program which shall provide for the collection of appropriate data and for the determination annually of the success of the regional youth center programming and services based on specific measures to be determined by the board.

V. To provide residential services to preadjudicated juveniles, adjudicated juvenile delinquents and children in need of services, and juveniles taken into temporary custody pursuant to RSA 169-B:9, II and RSA 169-D:8, II.

VI. To provide non-residential services to court-ordered and non-court-ordered juveniles on such terms and conditions as provided for in the criteria for admission established by the board.

5 Bed Supervision. The department of youth development services shall provide bed supervision for any regional youth center facility established in this act. Bed supervision shall consist of monitoring and supervising juveniles receiving residential services during the night time hours as such hours are established by the regional youth center board. The board shall determine the need for and extent of daytime supervision of juveniles in residence who are unable for any reason, including but not limited to illness, attend or participate in daytime programming. The state shall be responsible only for expenses related to bed supervision of juveniles in residence at a regional youth center .

6 Rulemaking. The commissioner of the department of youth development services shall adopt rules, pursuant to RSA 541-A, relative to the bed supervision of juveniles placed in a pilot location pursuant to the provisions of RSA 169-B and 169-D.

7 District Court; Jurisdiction.

I. Notwithstanding any law to the contrary, the pilot program and services established in this act shall be available for the purposes of actions and proceedings pursuant to RSA 169-B and 169-D in the district courts situated in the pilot locations.

II. Notwithstanding any provision of RSA 169-B to the contrary, any district court located in Hillsborough county shall have the authority to order placement in a pilot location for an adjudicated juvenile delinquent residing in Hillsborough county, and the district courts located in Coos, Grafton, Carroll, and Belknap counties shall have the authority to order placement in a pilot location for an adjudicated juvenile delinquent residing within those 4 counties, for a period to be determined by the court which shall not exceed 90 days.

III. Notwithstanding any provision of RSA 169-B or 169-D to the contrary, the district courts in the pilot locations shall have the authority, prior to adjudication and disposition, to order residential placement of a juvenile in the facility to the extent necessary to provide immediate supervision and protect the safety or welfare of the juvenile or the person or property of another. The district courts in the pilot locations shall comply with the provisions of RSA 169-B and RSA 169-D for the adjudication and disposition of any juvenile placed in the pilot program prior to such adjudication or disposition.

IV. The authority of the district courts in the pilot locations to place a juvenile in the pilot program is subject to the criteria established by a regional youth center board for the admission of juveniles to the pilot program and the authority of the board to decline to accept or to remove any juvenile who does not meet those criteria.

8 Regional Youth Center Pilot Program; Certification; Termination.

I. Regional youth center facilities shall be certified for the placement of minors pursuant to RSA 170-G:4, XVIII.

II. The regional youth center program shall terminate on July 1, 2003, unless otherwise authorized by a subsequent act of the legislature.

9 Department of Youth Development Services and Department of Health and Human Services; Biennial Budgets. The department of youth development services shall submit a budget for the biennium ending June 30, 2003 which shall include financial responsibility for bed supervision for regional youth center pilot facilities established in this act. The department of health and human services shall include in its budget for the biennium ending June 30, 2003 the costs for the services and programs provided at regional youth center pilot facilities for which the department is financially responsible.

10 Severability. If any provision of sections 2-10 as inserted by this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.

11 Contingency. The provisions of this act establishing the pilot program shall only take effect upon the availability, from any source, of funds sufficient for the construction of new facilities or renovation of existing facilities, which shall fulfill the needs of the pilot program. If such funds are not available, the provisions of this act shall not take effect.

12 Effective Date.

I. Sections 2-10 of this act shall take effect as provided in section 11.

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

2000-4606s

AMENDED ANALYSIS

This bill establishes criteria governing the relocation of the principal residence of a child and establishes a regional youth center pilot program with pilot locations in Hillsborough county and in a centrally situated location within Coos, Grafton, Carroll, and Belknap counties, for the placement of certain juvenile offenders where the programs and services ordered by the court are provided by the local community.

HB 1582, establishing a committee to study workplace policies and practices of small businesses for their effect on New Hampshire employees and their families. Public Affairs Committee. No Recommendation

HB 1622, eliminating the requirement that a deputy town clerk have his or her domicile within the town. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Roberge for the committee.

2000-4574s

08/01

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

AN ACT making the requirement that a deputy town clerk have his or her domicile within the town optional, and ratifying any annual town meeting held prior to the effective date of this act that is of questionable legality solely due to the town having a nonresident deputy town clerk.

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

1 Town Officers; Deputy Town Clerk; Town Domicile Not Required; Local Option. Amend RSA 41:18 to read as follows:

41:18 Deputy Town Clerk. Each town may have a deputy town clerk who shall be qualified in the same manner as the town clerk and who shall perform all the duties of the town clerk in case of his or her absence by sickness, resignation, or otherwise. A deputy town clerk appointed hereunder shall be appointed by the elected town clerk with the approval of the selectmen. A deputy town clerk need not be a resident of the town, unless the town, by adopting a warrant article at a town meeting, votes to require that the deputy town clerk be a resident of the town.

2 Certain Annual Town Meetings Prior to Effective Date of This Act Ratified. No acts, votes, notices, or proceedings of any annual town meeting held prior to the effective date of this act shall be held invalid due to the town’s deputy town clerk residing outside the town. Acts, votes, notices, and proceedings of any annual town meeting held prior to the effective date of this act which are of questionable legality solely due to the town having a nonresident deputy town clerk, are hereby legalized, ratified, and confirmed.

2000-4574s

AMENDED ANALYSIS

This bill eliminates the requirement that a deputy town clerk have his or her residence in the town, unless the town votes at a town meeting to require residence by the deputy town clerk in the town. This bill also ratifies and legalizes all acts, votes, notices, and proceedings of any annual town meeting held prior to the effective date of this bill that are of questionable legality solely due to the town having a nonresident deputy town clerk.

Senator Trombly offered a floor amendment.

May 18, 2000

2000-4579s

08/01

Floor Amendment to HB 1622-LOCAL

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

Amend the bill by replacing all after section 2 with the following:

3 Town Elections; Incompatibility of Offices. Amend RSA 669:7, I to read as follows:

I. No person shall at the same time hold any 2 of the following offices: selectman, treasurer, moderator, trustee of trust funds, collector of taxes, auditor and highway agent. No person shall at the same time hold any 2 of the following offices: town treasurer, moderator, trustee of trust funds, selectman and head of [any] the town’s police department on full-time duty. No person shall at the same time hold the offices of town treasurer and town clerk. No full-time town employee shall at the same time hold the office of selectman. No official handling funds of a town shall at the same time hold the office of auditor. No selectman, moderator, town clerk or inspector of elections shall at the same time serve as a supervisor of the checklist. No selectman, town manager, school board member except a cooperative school board member, full-time town, village district, school district except a cooperative school district, or other associated agency employee or village district commissioner shall at the same time serve as a budget committee member-at-large under RSA 32.

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

2000-4579s

AMENDED ANALYSIS

This bill:

I. Eliminates the requirement that a deputy town clerk have his or her residence in the town, unless the town votes at a town meeting to require residence by the deputy town clerk in the town.

II. Ratifies and legalizes all acts, votes, notices, and proceedings of any annual town meeting held prior to the effective date of this bill that are of questionable legality solely due to the town having a nonresident deputy town clerk.

III. Eliminates the prohibition on a person holding certain town offices and being full-time head of a police department other than that of the town in which he or she holds the other office.

HB 1139, establishing a committee to study involuntary emergency admission hearings. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to Pass, Senator Wheeler for the committee.

HB 1250, allowing an advanced registered nurse practitioner to declare a personal safety emergency and to transfer an inmate for a psychiatric inpatient emergency. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

HB 1319, extending the reporting date of the committee studying negotiated risk agreements and requiring the department of health and human services to conduct a study. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to Pass, Senator Krueger for the committee.

HB 1438-FN, relative to transportation of children for involuntary emergency admissions. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Squires for the committee.

HB 1463, making technical corrections related to the mental health system and guardianship hearings. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Squires for the committee.

Senator Roberge offered a floor amendment.

2000-4602s

05/10

Floor Amendment to HB 1463

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

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

5 New Section; Service by State Police. Amend RSA 106-B by inserting after section 12 the following new section:

106-B:12-a Service by State Police. The director shall make a quarterly report to the commissioner of safety and the governor, the senate president and the speaker of the house on the results of service of criminal process, warrants and notices and arrests of persons wanted for outstanding warrants and court defaults. This report shall include the number of persons arrested and denied a license, and the amount of revenue raised.

6 NCIC Record Checks Required Prior to Issuance of Permanent Driver's License. Amend RSA 263:5-a, III to read as follows:

III. The director may issue a temporary driver's license to a person who applies for a license under paragraph I until he receives the record and determines whether the person should be granted a driver's license. The director may refuse to issue a temporary driver's license to a person who is under suspension or revocation in another jurisdiction or who would present a hazard to the safety of others. After issuance of the temporary license and prior to issuance of a permanent license the applicant’s record for outstanding warrants or defaults shall be checked through the NCIC, by running the exact name and date of birth given on the surrendered license or birth certificate through the NCIC computer system. The department shall not isolate applicants based on NCIC "Soundex", phonetic matches; name only; or date of birth only computer matches. If there is an exact match of name and date of birth, the application shall be denied until such time as the warrant or court default is cleared. During that period the applicant’s current license and operating privileges shall be suspended by the state.

7 New Paragraph; Nonrefundable Fee. Amend RSA 263:5-a by inserting after paragraph VI the following new paragraph:

VII. Any person who provides false information as provided in paragraph VI shall forfeit any fee paid.

8 New Paragraph; Interest after Suspension. Amend RSA 263:56-a by inserting after paragraph II the following new paragraph:

II-a. After suspension as provided in paragraph II, interest on amounts not paid when due shall be computed at the rate of 1 percent per month from the date of suspension to the date payment is actually made. Interest shall be collected by the department or the court and deposited into the general fund. No interest shall be computed on fines assessed before January 1, 2001. The commissioner and the court shall have the discretion, as justice may require, to waive the payment of interest computed under this paragraph.

9 Interest on Fines Credited to the General Fund. Amend RSA 263:56-d to read as follows:

263:56-d Suspension for Forfeitures of Recognizances. Notwithstanding the provisions of RSA 263:56-a, I, I-a, II and III-VII, the procedure for suspension of licenses and collection of payments for forfeited recognizances for driving offenses shall be in accordance with RSA 597:38-b. Payments collected by the court under RSA 597:38-b shall be deposited into a special fund, known as the default bench warrant fund. The commissioner may draw on such fund to pay the cost of state, county and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses up to a maximum amount of $100 per bench warrant. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the disbursement of moneys from the default bench warrant fund to pay the costs related to law enforcement officials and bench warrants. The commissioner may also draw upon such fund to pay the cost of breath analyzer machines, upon the recommendation of the advisory committee on breath analyzer machines pursuant to RSA 106-G:1.

10 Notice of Interest on Unpaid Fines. Amend RSA 262:44, I to read as follows:

I. Such defendant shall receive, in addition to [his] the summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles" [which]; the fine schedule shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail and notification that unpaid fines may be subject to interest pursuant to RSA 263:56-a, II-a. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of motor vehicles within 30 days of the date of the summons. The director of motor vehicles shall remit the penalty assessments collected to the police standards and training council for deposit in the police standards and training council training fund and to the state treasurer to be credited and continually appropriated to the victims' assistance fund in the percentages and manner prescribed in RSA 188-F:31. Fines shall be paid over to the commissioner of administrative services, or to such department or agency of the state as the law provides, within 14 days of their receipt.

11 Default of Personal Recognizance. Amend RSA 597:38-b, I to read as follows:

I. Whenever a party recognized to appear for any offense [involving driving] makes default and the recognizance is declared forfeited, the court shall send a notice of default to the division of motor vehicles. The division shall send a notice to the person owing the recognizance, demanding payment within 30 days and stating that failure to make payment within the 30-day period shall result in suspension of such person's driver's license or driving privilege until such time as the person provides proof to the department of safety that he or she has paid the amount of the forfeited recognizance to the court.

12 Effective Date.

I. Sections 1-4 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect January 1, 2001.

2000-4602s

AMENDED ANALYSIS

This bill:

I. Makes certain technical corrections, including allowing disclosure of certain information to certain committees investigating child fatalities.

II. Requires any person applying for a permanent driver’s license to be checked through the National Crime Information Center (NCIC).

III. Authorizes the collection of interest on outstanding unpaid fines, with proceeds dedicated to the general fund.

IV. Broadens the scope of personal recognizance defaults subject to interest penalties.

V. Requires that any person who provides false information when applying for a license forfeit any fee paid.

Senator Larsen offered a floor amendment.

2000-4564s

01/04

Floor Amendment to HB 1463

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

Amend the bill by replacing section 5 with the following:

5 Statement of Purpose. The general court hereby states that the change from "juvenile services officer" to "juvenile probation and parole officer" in this act is intended simply to change the job title and does not reflect a change in job responsibilities. It is the specific intent of the general court that juvenile probation and parole officers shall not be eligible for group II retirement benefits within the New Hampshire retirement system, for participation in the law enforcement salary schedule, or for certification or training from the police standards and training council, except as provided in RSA 188-F:32.

6 New Subdivision; Department of Youth Development Services; Advisory Board Established. Amend RSA 621-A by inserting after section 8 the following new subdivision:

Advisory Board

621-A:9 Department of Youth Development Services Advisory Board Established; Membership.

I. There is hereby established a department of youth development services advisory board. The board shall act in an advisory capacity and make recommendations to the commissioner relative to programs and services provided to children referred to the department pursuant to RSA 169-B.

II. The board shall be composed of the following members:

(a) Two members from the house of representatives, one of whom shall be a member of the house finance committee, appointed by the speaker of the house.

(b) One member from the senate, appointed by the president of the senate.

(c) The commissioner of the department of youth development services or designee, who shall serve as an ex officio member.

(d) The commissioner of the department of health and human services or designee, who shall serve as an ex officio member.

(e) The commissioner of the department of education or designee, who shall serve as an ex officio member.

(f) One district or family court judge, appointed by the administrative justice of the district courts.

(g) Two human services administrators, one from an urban county and one from a rural county, appointed by the executive director or other appropriate appointing authority of the New Hampshire Association of Counties.

(h) Six members, appointed by the governor with the advice and consent of the council, which shall include 2 members representing the interests of business and industry, 2 parents of children who are receiving or have received services from the department, one member of state or local law enforcement, and one member from the general public.

III. Members of the advisory board shall serve without compensation provided that legislative members shall receive mileage at the legislative rate while attending to the duties of the board.

621-A:10 Terms of Office; Organization.

I. The legislative members and the members listed in RSA 621-A:9, II(c) – (f) shall serve terms which are coterminous with their terms in office. The members listed in RSA 621-A:12, II(g) shall serve for 3 years. Three of the members listed in RSA 621-A:9, II(h) shall serve for 4 years, and 3 members shall serve for 3 years.

II. Each appointed member of the advisory board shall hold office until a successor is appointed and qualified. The appointment of successors for the filling of vacancies for unexpired terms shall be by appointment in the same manner as the original appointment.

III. The advisory board shall elect its own chairperson and officers annually. The board shall meet monthly, or as deemed necessary, provided that the board shall meet at least once every 3 months.

621-A:11 Duties of the Advisory Board.

I. The advisory board shall act in an advisory capacity to assist the commissioner of the department of youth development services relative to programs and services provided to children who are referred to the department. The board may also provide advice and input on fiscal and budgetary matters within the department, the availability of state and federal grants, business partnerships, and other funding sources available to the department.

II. Beginning in December 2000, and annually thereafter, the board shall submit a written report to the speaker of the house, the president of the senate, and the governor detailing the activities of the board and any recommendations made by the board to the department.

7 New Hampshire Retirement System; Definitions; Juvenile Probation, and Parole Officers Excluded from Group II Membership. Amend RSA 100-A:1, VII-a (b) to read as follows:

(b) Any bingo or lucky 7 inspector, security officer appointed pursuant to RSA 135:41, any juvenile probation and parole officer, or any person employed in the bureau of trails of the department of resources and economic development; or

8 Youth Development Center; Definitions; Juvenile Probation and Parole Officer Inserted. Amend RSA 621:3, VIII to read as follows:

VIII. "Parole" means a conditional release from the center which allows the child to serve the remainder of his or her commitment outside the center, supervised by a juvenile probation and parole officer, contingent upon satisfactory compliance with the terms and conditions set forth in the parole agreement.

9 Reference Changes. Amend the following RSA provisions by replacing "juvenile services officer" with "juvenile probation and parole officer": RSA 169-B:2, VIII(c); 169-B:9, I; 169-B:9-a; 169-B:10, II; 169-B:19, I(j) the unnumbered concluding paragraph of 169-B:24; 169-B:25; 169-B:30; 169-C:3, XXIV; 169-C:6, I-III; 169-C:34, IV; 169-D:8, II; 169-D:9, I; 169-D:9-a; and 170-G:1, VI.

10 Reference Changes. Amend the following RSA provisions by replacing "juvenile service officers" with "juvenile probation and parole officers": RSA 169-B:35, II; 169-D:2, VI(c); 169-D:25, II; 170-G:3, III; 170-G:4, II-a; 170-G:15; and 170-G:16.

11 Effective Date.

I. Sections 5-10 of this act shall take effect July 1, 2000.

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

2000-4564s

AMENDED ANALYSIS

This bill makes certain technical corrections, including allowing disclosure of certain information to certain committees investigating child fatalities.

This bill establishes a department of youth development services advisory board for the purpose of making recommendations to the commissioner relative to programs and services provided to children referred to the department. The bill also changes the title of "juvenile services officer" to "juvenile probation and parole officer."

HB 1464, relative to the licensing process for new health care facility construction. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to pass with amendment, Senator Wheeler for the committee.

2000-4449s

01/09

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

AN ACT relative to ambulatory surgical facilities in service areas of rural hospitals.

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

1 New Paragraph; Definition Added. Amend RSA 151-C:2 by inserting after paragraph XXXIV the following new paragraph:

XXXIV-a. "Rural hospital" means a hospital that has less than 70 beds licensed by the department of health and human services.

2 Threshold Limits. Amend RSA 151-C:5, II (f) to read as follows:

(f)(1) Except as provided in subparagraph (2), the construction, development, expansion, renovation, or alteration of any nursing home, ambulatory surgical facility, rehabilitation hospital, psychiatric hospital, specialty hospital, or other health care facility requiring a capital expenditure of more than $1,000,000. The board shall, by rule, adjust the capital expenditure threshold annually using an appropriate inflation index.

(2) The threshold amount for construction of ambulatory surgical centers within the service area of a rural hospital shall be $500,000, unless there is an objection by the rural hospital, in which case the application shall be subject to review regardless of value. The board shall determine by rule the service areas of rural hospitals.

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

2000-4449s

AMENDED ANALYSIS

This bill lowers the threshold amount necessary for certificate of need review of the construction of ambulatory surgical centers within the service areas of rural hospitals.

HB 1506, extending the reporting date of the committee studying ambulatory surgical facilities and relative to the threshold limit for certain new health facilities under RSA 151-C. Public Institutions, Health and Human Services Committee. Vote 3-1. Inexpedient to Legislate, Senator Wheeler for the committee.

HB 1525, establishing a legislative oversight committee to review the procedures of the health services planning and review board. Public Institutions, Health and Human Services Committee.

SPLIT REPORT: Inexpedient to Legislate, Senator Wheeler for the committee. Vote2-3

SPLIT REPORT: Ought to Pass, Senator Squires for the committee. Vote 2-3

HB 1571-FN, relative to claims arising from clinical services provided to the department of corrections. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-4493s

03/10

Amend RSA 99-D:9, I as inserted by section 1 of the bill by replacing it with the following:

I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or appointed capacity and not in a wanton or reckless manner, arising out of clinical services of psychiatrists or other medical doctors provided in accordance with any contract limited to such services entered into by the department of corrections.

Amend RSA 541-B:21-a, I as inserted by section 2 of the bill by replacing it with the following:

I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or appointed capacity, providing clinical services of psychiatrists or other medical doctors in accordance with any contract limited to such services entered into by the department of corrections.

HB 1579-FN, establishing certain penalties for violations of the youth tobacco laws and clarifying a definition under the indoor smoking act. Public Institutions, Health and Human Services Committee. Vote 5-0. Inexpedient to Legislate, Senator Squires for the committee.

Senator Klemm moved to substitute ought to pass for inexpedient to legislate.

Senator Klemm offered a floor amendment.

Sen. Klemm, Dist. 22

Sen. Fraser, Dist. 4

Sen. Wheeler, Dist. 21

Sen. Krueger, Dist. 16

2000-4610s

05/01

Floor Amendment to HB 1579-FN

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

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

1 New Section; Insurance Referrals. Amend RSA 402 by inserting after section 16-a the following new section:

402:16-b Insurance Referrals. Notwithstanding other provisions of this title, a person who has not complied with all applicable state insurance licensing and appointment laws and regulations may refer a party to a person who has complied with all applicable state insurance licensing and appointment laws and regulations, if the person making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party’s purchase of insurance.

2 New Section; Insurance Referrals. Amend RSA 405 by inserting after section 17-b the following new section:

405:17-c Insurance Referrals. Notwithstanding other provisions of this title, a person who has not complied with all applicable state insurance licensing and appointment laws and regulations may refer a party to a person who has complied with all applicable state insurance licensing and appointment laws and regulations, if the person making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party’s purchase of insurance.

3 Purpose; Reference to "Place With a Population of 5,000" Removed. Amend RSA 406-C:1 to read as follows:

406-C:1 Purpose. The purpose of this chapter is to authorize and regulate the solicitation for purchase and the sale in this state of insurance by financial institutions [in places with a population of 5,000 or fewer people and to direct and authorize the insurance commissioner to adopt such rules as may be necessary to protect the interests of insurance policyholders in this state] and to maintain parity with respect to the insurance powers of state and federally chartered financial institutions.

4 Definition; Financial Institutions. RSA 406-C:2, IV is repealed and reenacted to read as follows:

IV. "Financial institution" means a bank, savings bank, savings and loan association, trust company, or any depository institution as defined by the Federal Deposit Insurance Act, as amended, 12 U.S.C. section 1813(c)(1), which is authorized to take deposits and make loans from a place of business in the state. For the purposes of this chapter, the term financial institution shall also include any non-depository affiliate or subsidiary of a financial institution but only in the instances when the non-depository affiliate or subsidiary is soliciting the sale or purchase of insurance recommended or sponsored by, on the premises of, or in connection with a product offering of, the depository financial institution. Activities of employees and agents of a financial institution shall be deemed to the activities of the financial institution. The term does not include an insurance company subject to regulation under title XXXVII.

5 Definition; Nonpublic Customer Information. Amend RSA 406-C:2, V to read as follows:

V. "Nonpublic customer information" means information regarding a person that has been derived from a record of a financial institution concerning insurance premiums, the terms and conditions of insurance coverage, insurance expirations, insurance claims, and insurance history of an individual[, and such other information as established by rules adopted by the commissioner]. "Nonpublic customer information" does not include customer names, addresses, and telephone numbers.

6 Separation of Activities. Amend RSA 406-C:7 to read as follows:

406-C:7 Separation of Activities.

I. Solicitation for the purchase or sale of insurance by the financial institution shall, to avoid customer confusion and to the extent practicable, be conducted in a physical location distinct from the area where retail deposits or credit transactions are being conducted [in accordance with rules adopted by the commissioner].

II. Solicitation for the purchase or sale of insurance by a licensed employee who exercises authority over credit transactions shall be conducted in a manner which addresses the potential for customer confusion and coercion[, consistent with rules adopted by the commissioner].

III. Signage, informational materials, and sales literature concerning the availability of insurance products through the financial institution shall be utilized and displayed in [accordance with rules adopted by the commissioner] the manner required by this chapter.

IV. If the product name under which the insurance contract is marketed includes the name of a financial institution, then the marketing material must[, in accordance with rules adopted by the commissioner,] prominently identify the insurance company which issues and underwrites the insurance contract.

7 Disclosures. Amend the introductory paragraph of RSA 406-C:8, I to read as follows:

I. To avoid customer confusion and in addition to any other requisite disclosures, all advertising, promotional material, and solicitation, including telemarketing contacts in the case of life insurance and annuities, shall[, as required under rules, bulletins, or interpretive rulings adopted or promulgated by the commissioner,] include a prominent disclosure that substantively states that a purchase of insurance:

8 Insurance Referrals. RSA 406-C:12, I is repealed and reenacted to read as follows:

I. An employee of a financial institution who is not licensed to sell insurance may refer a party to a person who is licensed to sell insurance, if the employee making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party’s purchase of insurance.

9 Prohibited Practices. Amend RSA 406-C:12, III to read as follows:

III. An insurance product shall not be offered in a package with non-insurance products in [violation of rules adopted by the commissioner to prohibit] a manner that constitutes unlawful tying activities, rebating, and unfair competition with respect to insurance sales.

10 Service Corporations; "Place of 5,000" Removed. Amend RSA 384:16-b, III to read as follows:

III. [Provided further that any contrary provision of law notwithstanding, the provisions of paragraph II apply only to a bank or banking association and its subsidiary and do not apply to an affiliate thereof, and] The provisions of this section shall not be construed to prevent such bank, banking association, or subsidiary from conducting insurance activities pursuant to RSA 406-C and rules adopted under RSA 406-C, as permitted in RSA 394-A:9[, if such financial institution or its subsidiary is located in a place of 5,000. A place of 5,000 means a town or city in this state with a population not exceeding 5,000 as determined by the last federal decennial census]. An affiliate of any bank or banking association shall be bound by the provisions of RSA 406-C, with respect to sales of insurance in this state which are recommended or sponsored by a depository financial institution or sold on the premises of a depository financial institution.

11 Insurance; "Place of 5,000" Removed. Amend RSA 394-A:9, I to read as follows:

I.[(a) The insurance activity may be conducted only by the financial institution, or a subsidiary of the financial institution that is located in a place of 5,000. A place of 5,000 shall mean a town or city in this state with a population not exceeding 5,000 as determined by the last federal decennial census; and

(b)] The conduct of the insurance activity shall comply with the provisions of RSA 406-C and any rules adopted thereunder, any applicable state insurance licensing laws and rules, and all applicable federal and state consumer protection laws, including the federal anti-tying provisions of 12 U.S.C. section 1972.

12 Rules and Regulations. Amend RSA 400-A:15, I to read as follows:

I. The commissioner shall have full power and authority to make, promulgate, amend and rescind reasonable rules and regulations for, or as an aid to, the administration or effectuation of any provision or provisions of this title or of the Gramm-Leach-Bliley Act of 1999 (public law 106-102) which relate to insurance and such other rules and regulations as are reasonably necessary to implement [the] such provisions [of this title].

13 Repeal. RSA 406-C:2, VI, relative to the definition of "place of 5,000," is repealed.

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

2000-4610s

AMENDED ANALYSIS

This bill makes changes to the laws regulating sale of insurance by financial institutions, including removing the "place of 5,000" restriction on insurance sales, changing provisions regarding the separation of banking and insurance activities, and repealing certain rulemaking provisions.

HB 1602-FN, establishing the New Hampshire task force on deafness and hearing loss. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

HJR 20, urging the United States Congress to fully fund the Ricky Ray Hemophilia Relief Fund Act for HIV victims. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to Pass, Senator Squires for the committee.

HB 1563-FN-L, establishing the Wolfeboro Airport Authority. Transportation Committee. Vote 2-0. Ought to pass with amendment, Senator Gordon for the committee.

2000-4547s

09/04

Amendment to HB 1563-FN-LOCAL

Amend the bill by replacing sections 9 and 10 with the following:

9 Repayment of Initial Investment. The Authority shall give priority to the repayment of any moneys, if any, advanced to the Authority by private individuals or organizations toward the acquisition of the airport. Those individuals or organizations shall be known as the private investors.

10 Membership of the Authority.

I. A member of the board of selectmen of the town of Wolfeboro shall constitute the mandated member of the Authority. The selectmen member, together with 6 other individuals appointed as hereinafter provided, shall constitute the Authority, and shall be vested with all the powers and charged with all the duties hereinafter granted to and imposed upon the Authority.

II. Two members, both of whom shall be residents of the town of Wolfeboro and, so long as any moneys advanced have not been repaid, one of whom shall be chosen from nominees provided by the individual investors, shall be appointed by the board of selectmen. Four members shall be appointed by the commissioner of the department of transportation, 3 of whom shall be residents of the town of Wolfeboro. One appointee shall have general knowledge of and interest in the aeronautics industry and shall not be required to be a resident of the town of Wolfeboro. The members of the Authority shall be nominated and appointed prior to any state transfer of property to the Authority. Authority members shall serve for 3-year terms and until their successors are appointed. However, upon the initial formation of the Authority, 2 of the members shall serve for a period of 4 years, 2 of the members shall serve for a period of 3 years, and 2 of the members shall serve for a period of 2 years. At the initial meeting of the Authority, the length of term shall be determined for each appointee, provided that the nominee of the individual investors appointed by the selectmen shall be given one of the 4-year terms.

III. After public hearing, any of the members of the Authority may be removed by a majority vote of the Authority members for neglect of duty, malfeasance, or misconduct. Any such removal shall be accompanied by written findings made by the Authority.

IV. Except for the mandated member, no person shall be eligible for membership of the Authority who at the time of the appointment of such member holds any remunerative public office or position or any employment for compensation (except as an independent contractor) with the town of Wolfeboro.

V. Any member of the Authority who is also a private investor shall fully and publicly disclose the type and extent of his or her investments in the Authority before participating in any board activities which might impact the value of or return on that investment.

Amend the bill by replacing section 14 with the following:

14 Audits and Reports. All financial transactions of the Authority shall be independently audited annually and at such other times and in such manner as the Authority shall determine. The Authority shall make an annual report of its financial and other transactions for the preceding calendar year. This report shall be forwarded to the department of transportation and shall be made available for inspection by the public and by the private investors.

Amend the bill by replacing section 16 with the following:

16 Penalties. Any violation of the published rules, ordinances, and regulations of the Authority relating to the operation of the airport, and any unjustified refusal or repeated neglect to pay lawfully prescribed fees for the use of the airport or its facilities, shall be a class B misdemeanor, provided, however, that nothing contained in this section shall be construed as a limitation upon the civil rights of individuals or of the Authority.

HB 1620-FN, relative to driver record information. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2000-4562s

05/09

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

AN ACT relative to driver record information, liquor liability insurance coverage, retail selling, and requiring any new resident applying for a permanent driver’s license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations.

Amend RSA 260:14, XV(a)(2) as inserted by section 10 of the bill by replacing it with the following:

(2) The legitimate business provides the commissioner with a list of all users of the information, including the name and address of the business, provided, however, that such list shall not be a public record available for public inspection pursuant to RSA 91-A.

Amend the bill by replacing all after section 10 with the following:

11 New Section; Alcoholic Beverages; Liquor Licenses and Fees; Insurance for Liquor Liability. Amend RSA 178 by inserting after section 2 the following new section:

178:2-a Insurance for Liquor Liability.

I. If the commission finds that a licensee or applicant has violated RSA 179:5, the commission may require, as a condition of the issuance, renewal, or reinstatement of any license that the licensee or applicant provide a certificate of insurance for liquor liability of the licensee to a limit of not less than $100,000 to any one person and $200,000 to all persons.

II. Effective 60 days after the inception of a liquor liability insurance contract, no notice of intention to terminate the contract or, if the contract is a renewal, no notice of intention not to renew the contract shall be effective unless the insurer at least 60 days prior to the effective date of cancellation or the end of the contract period, as the case may be, mails or delivers to the insured, and to the commission, at the address shown on the policy such notice of intention not to renew, except where cancellation is for nonpayment of premium, or where the insured no longer has a license. If cancellation is for nonpayment of premium pertaining to contracts required pursuant to paragraph I, the insurer shall not cancel such liquor liability insurance except upon 30 days prior written notice to the licensee and the commission.

III. The commission shall adopt rules, pursuant to RSA 541-A, relative to procedures and criteria necessary for a certificate of insurance for liquor liability to be required for the issuance of a liquor license.

12 Retail Installment Sales; Retail Selling; Disclosure, Exceptions; Telephone Number; Limitation. Amend RSA 361-B:2-a, I(c) to read as follows:

(c) In the case of a telephone solicitation, an address or a telephone number for customer inquiries and complaints.

13 New Section; Service by State Police. Amend RSA 106-B by inserting after section 12 the following new section:

106-B:12-a Service by State Police. The director shall make a quarterly report to the commissioner of safety and the governor, the senate president and the speaker of the house on the results of service of criminal process, warrants and notices and arrests of persons wanted for outstanding warrants and court defaults. This report shall include the number of persons arrested and denied a license, and the amount of revenue raised.

14 NCIC Record Checks Required Prior to Issuance of Permanent Driver's License. Amend RSA 263:5-a, III to read as follows:

III. The director may issue a temporary driver's license to a person who applies for a license under paragraph I until he receives the record and determines whether the person should be granted a driver's license. The director may refuse to issue a temporary driver's license to a person who is under suspension or revocation in another jurisdiction or who would present a hazard to the safety of others. After issuance of the temporary license and prior to issuance of a permanent license the applicant’s record for outstanding warrants or defaults shall be checked through the NCIC, by running the exact name and date of birth given on the surrendered license or birth certificate through the NCIC computer system. The department shall not isolate applicants based on NCIC "Soundex", phonetic matches; name only; or date of birth only computer matches. If there is an exact match of name and date of birth, the application shall be denied until such time as the warrant or court default is cleared. During that period the applicant’s current license and operating privileges shall be suspended by the state.

15 New Paragraph; Nonrefundable Fee. Amend RSA 263:5-a by inserting after paragraph VI the following new paragraph:

VII. Any person who provides false information as provided in paragraph VI shall forfeit any fee paid.

16 New Paragraph; Interest after Suspension. Amend RSA 263:56-a by inserting after paragraph II the following new paragraph:

II-a. After suspension as provided in paragraph II, interest on amounts not paid when due shall be computed at the rate of 1 percent per month from the date of suspension to the date payment is actually made. Interest shall be collected by the department or the court and deposited into the general fund. No interest shall be computed on fines assessed before January 1, 2001. The commissioner and the court shall have the discretion, as justice may require, to waive the payment of interest computed under this paragraph.

17 Interest on Fines Credited to the General Fund. Amend RSA 263:56-d to read as follows:

263:56-d Suspension for Forfeitures of Recognizances. Notwithstanding the provisions of RSA 263:56-a, I, I-a, II and III-VII, the procedure for suspension of licenses and collection of payments for forfeited recognizances for driving offenses shall be in accordance with RSA 597:38-b. Payments collected by the court under RSA 597:38-b shall be deposited into a special fund, known as the default bench warrant fund. The commissioner may draw on such fund to pay the cost of state, county and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses up to a maximum amount of $100 per bench warrant. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the disbursement of moneys from the default bench warrant fund to pay the costs related to law enforcement officials and bench warrants. The commissioner may also draw upon such fund to pay the cost of breath analyzer machines, upon the recommendation of the advisory committee on breath analyzer machines pursuant to RSA 106-G:1.

18 Notice of Interest on Unpaid Fines. Amend RSA 262:44, I to read as follows:

I. Such defendant shall receive, in addition to [his] the summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles" [which]; the fine schedule shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail and notification that unpaid fines may be subject to interest pursuant to RSA 263:56-a, II-a. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of motor vehicles within 30 days of the date of the summons. The director of motor vehicles shall remit the penalty assessments collected to the police standards and training council for deposit in the police standards and training council training fund and to the state treasurer to be credited and continually appropriated to the victims' assistance fund in the percentages and manner prescribed in RSA 188-F:31. Fines shall be paid over to the commissioner of administrative services, or to such department or agency of the state as the law provides, within 14 days of their receipt.

19 Default of Personal Recognizance. Amend RSA 597:38-b, I to read as follows:

I. Whenever a party recognized to appear for any offense [involving driving] makes default and the recognizance is declared forfeited, the court shall send a notice of default to the division of motor vehicles. The division shall send a notice to the person owing the recognizance, demanding payment within 30 days and stating that failure to make payment within the 30-day period shall result in suspension of such person's driver's license or driving privilege until such time as the person provides proof to the department of safety that he or she has paid the amount of the forfeited recognizance to the court.

20 Effective Date.

I. Sections 12-19 of this act shall take effect January 1, 2001.

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

2000-4562s

AMENDED ANALYSIS

This bill:

I. Further defines the various circumstances under which a person’s motor vehicle record may be released, and provides added measures of security to those persons wishing to restrict its use.

II. Permits the liquor commission to require, as a condition of the issuance, renewal, or reinstatement of any license that the licensee or applicant provide a certificate of insurance for liquor liability of the licensee if the licensee or applicant has violated the prohibition on serving minors or intoxicated persons.

III. Limits to telephone solicitation the telephone number for customer inquiries and complaints disclosure that certain home solicitation sellers must provide, and permits disclosure of an address instead of a telephone number.

IV. Requires any person applying for a permanent driver’s license to be checked through the National Crime Information Center (NCIC).

V. Authorizes the collection of interest on outstanding unpaid fines, with proceeds dedicated to the general fund.

VI. Broadens the scope of personal recognizance defaults subject to interest penalties.

VII. Requires that any person who provides false information when applying for a license forfeit any fee paid.

HB 2000-FN-L, relative to a 10-year transportation plan and establishing a committee to study the transportation plan projects. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2000-4540s

01/09

Amendment to HB 2000-FN-LOCAL

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

Amend the bill by replacing section 8 with the following:

8 Statement of Intent. The general court recognizes that building additional toll booths create safety concerns and pollution issues. The general court also recognizes that more toll booths detract from the New Hampshire scenery and negatively impact the New Hampshire tourism industry.

9 Proposed Toll Booths Eliminated. The department of transportation shall eliminate the proposed toll booths for the city of Nashua.

10 Alternatives to Toll Booth System Required; Department of Transportation. The commissioner of the department of transportation shall recommend alternatives to the statewide toll booth system. The commissioner shall submit a report on or before November 1, 2000 with recommendations for legislation to the senate president, the speaker of the house, the chairpersons of the senate and house transportation committees, and the governor.

11 Effective Date.

I. Section 1 of this act shall take effect 60 days after its passage.

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

4540s

AMENDED ANALYSIS

This bill:

I. Updates the 10-year transportation plan to maintain the highways and bridges in the state.

II. Adds a budget footnote to 1999, 159:1.

III. Establishes a committee to study the priority and funding of the projects included in the 10-year transportation plan.

IV. Eliminates proposed toll booths in Nashua.

V. Requires the commissioner of the department of transportation to create alternatives to the state’s toll booth system.

Senator Russman offered a floor amendment.

2000-4587s

01/09

Floor Amendment to HB 2000-FN-LOCAL

Amend RSA 240:2, VIII(b) as inserted by section 1 of the bill by replacing it with the following:

(b) I-93 Derry/Londerry Construction of exit 4A – new interchange between

13065 existing exit 4 and exit 5 to (1) relieve traffic

congestion and (2) as access to potential development

of industrial land

HB 1144, establishing a committee to study the exemption from property taxes for not-for-profit hospitals. Ways and Means Committee. Vote 7-0. Inexpedient to Legislate, Senator Brown for the committee.

HB 1202-L, making technical corrections to 1999, 17 as amended and relative to fixing and mailing procedures in the administration and appeal of state and local taxes. Ways and Means Committee. Vote 6-0. Ought to pass with amendment, Senator F. King for the committee.

2000-4062s

09/01

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

AN ACT making technical corrections to 1999, 17 as amended and relative to filing and mailing procedures in the administration and appeal of state and local taxes.

Amend the bill by replacing all after section 10 with the following:

11 Notification; Grant Distribution. RSA 198:42, III is repealed and reenacted to read as follows:

III. The department of education shall certify the amount of each grant to the state treasurer and direct the payment thereof to the school district. Upon distribution of the first grant payment made to a school district in any year, the municipality on whose behalf the payment is made shall receive notification from the state treasurer of the amount of the total grant distribution for that year and the amount of the payments which comprise the total grant distribution for that year.

12 Effective Date.

I. Sections 4 and 7 of this act shall take effect upon its passage.

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

Senator Below offered a floor amendment.

Sen. Hollingworth, Dist. 23

Sen. Below, Dist. 5

2000-4597s

09/01

Floor Amendment to HB 1202-LOCAL

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

Amend the bill by replacing section 11 with the following:

11 Legislative Budget Assistant; Disclosure of Confidential Information. Amend RSA 14:31, IV to read as follows:

IV. All state departments, boards, institutions, commissions, and agencies shall be required to furnish to the legislative budget assistant any information, including confidential information, he may request in the course of carrying out his duties as prescribed by this section, RSA 14:31-a, and RSA 14:31-b, except that access to confidential information maintained by the department of revenue administration shall be controlled solely by the provisions of RSA 21-J:14. If the legislative budget assistant requires access to confidential information, the state entity shall furnish the information, except for work papers as described in RSA 91-A:4, V. In such situations, the legislative budget assistant shall be subject to the same restrictions and penalties regarding disclosure of the information as the original custodian of the information. The work product of the legislative budget assistant shall also be confidential to the extent required to preserve confidentiality required by law. Disclosure of confidential information to the legislative budget assistant shall be only for the purpose of, and to the extent necessary for, conducting audits as are required by law or the development, maintenance, updating and use of databases necessary for the operation of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23. The legislative budget assistant shall notify the head of any state department, board, institution, commission, or agency before requiring the state entity to furnish any confidential information which was obtained by the entity through an exchange of information agreement with another state or the federal government. This paragraph shall not be construed to authorize disclosure to any member of the legislature or, except in accordance with a written contract between the fiscal committee of the general court and a consultant pursuant to 1999, 338:23, to any expert consultants, including certified public accountants and data processing experts, hired by the legislative budget assistant to assist him in the carrying out of his duties, except such summaries and results which do not disclose any identity required by law to be confidential. If any state entity objects to providing confidential information under the provisions of this paragraph, the state entity may apply to the attorney general for disapproval of the request. The attorney general may examine any confidential information to which the legislative budget assistant has requested access to determine whether or not it is necessary for the legislative budget assistant to examine the information to carry out his duties as required by law. If the attorney general finds that such examination is not necessary, he shall disapprove the request, and the agency shall not be required to provide such information. If the state entity agrees to provide the requested information, or if the attorney general determines that it is necessary for the legislative budget assistant to examine the requested information, such information shall be provided to the legislative budget assistant in a mutually agreeable and compatible format.

12 Legislative Budget Assistant; Disclosure of Confidential Information. Amend RSA 14:31, IV to read as follows:

IV. All state departments, boards, institutions, commissions, and agencies shall be required to furnish to the legislative budget assistant any information, including confidential information, he may request in the course of carrying out his duties as prescribed by this section, RSA 14:31-a, and RSA 14:31-b, except that access to confidential information maintained by the department of revenue administration shall be controlled solely by the provisions of RSA 21-J:14. If the legislative budget assistant requires access to confidential information, the state entity shall furnish the information, except for work papers as described in RSA 91-A:4, V. In such situations, the legislative budget assistant shall be subject to the same restrictions and penalties regarding disclosure of the information as the original custodian of the information. The work product of the legislative budget assistant shall also be confidential to the extent required to preserve confidentiality required by law. Disclosure of confidential information to the legislative budget assistant shall be only for the purpose of, and to the extent necessary for, conducting audits as are required by law [or the development, maintenance, updating and use of databases necessary for the operation of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23]. The legislative budget assistant shall notify the head of any state department, board, institution, commission, or agency before requiring the state entity to furnish any confidential information which was obtained by the entity through an exchange of information agreement with another state or the federal government. This paragraph shall not be construed to authorize disclosure to any member of the legislature or[, except in accordance with a written contract between the fiscal committee of the general court and a consultant pursuant to 1999, 338:23,] to any expert consultants, including certified public accountants and data processing experts, hired by the legislative budget assistant to assist him in the carrying out of his duties, except such summaries and results which do not disclose any identity required by law to be confidential. If any state entity objects to providing confidential information under the provisions of this paragraph, the state entity may apply to the attorney general for disapproval of the request. The attorney general may examine any confidential information to which the legislative budget assistant has requested access to determine whether or not it is necessary for the legislative budget assistant to examine the information to carry out his duties as required by law. If the attorney general finds that such examination is not necessary, he shall disapprove the request, and the agency shall not be required to provide such information. If the state entity agrees to provide the requested information, or if the attorney general determines that it is necessary for the legislative budget assistant to examine the requested information, such information shall be provided to the legislative budget assistant in a mutually agreeable and compatible format.

13 Disclosure of Tax Information; Terminal Authorization.

I. Notwithstanding the provisions of RSA 21-J:14, the commissioner of revenue administration may disclose data from department records, files or returns to any consultant under contract with the fiscal committee of the general court pursuant to 1999, 338:23 for the purpose of, and to the extent necessary for, the performance of the contract for the development and implementation of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23. The persons to whom such disclosure may be made shall include subcontractors to the consultant specifically approved pursuant to the contract with the fiscal committee. No disclosure shall be made which would violate the provisions of any federal or state compact or agreement for the exchange of information between the department of revenue administration and the Internal Revenue Service of the United States or any other state. Officers, employees, or approved subcontractors of the consultant having in their custody or control any confidential taxpayer information obtained form the department pursuant to this paragraph shall be subject to the provisions of RSA 21-J:14.

II. Any database developed by the consultant or other person which contains confidential information disclosed pursuant to paragraph I shall reside in the custody of the department of revenue administration.

III. The legislative budget assistant and the department of administrative services are authorized hereby to use computer terminals which access any tax modeling software developed by the consultant pursuant to 1999, 338:23, provided that neither the legislative budget assistant or the department of administrative services shall be permitted access to any individual taxpayer records, returns or information that are not sampled and blurred to prevent identification of the taxpayer and then only if such access is necessary to check the results obtained by using the software.

14 Repeal. Section 13 of this act, relative to disclosure of tax information, is repealed.

15 Effective Date.

I. Sections 12 and 14 of this act shall take effect December 31, 2001.

II. Sections 11 and 13 of this act shall take effect upon its passage.

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

2000-4597s

AMENDED ANALYSIS

This bill makes technical corrections to 1999, 17 (HB 117) as amended. The bill also clarifies certain filing and mailing procedures to be used in the administration and appeal of state and local taxes.

This bill also permits the department of revenue administration to disclose certain tax records and information to the legislative budget assistant for the purpose of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23.

HCR 35, urging the United States Food and Drug Administration to defer its proposed rules requiring pasteurization for apple cider and consider adoption of alternative processing standards. Wildlife and Recreation Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

Senator Russman moved that the Rules of the Senate be suspended to allow for a bill to not have a five day hearing notice in the calendar and committee report in the calendar.

HB 1369-FN-L, clarifying authority to regulate asbestos. Environment Committee.

Senator Gordon moved to have HB 1611, recodifying the state's DWI laws, taken off the table.

HB 1611, recodifying the state's DWI laws.

Senator Gordon offered a floor amendment.

2000-4607s

08/09

Floor Amendment to HB 1611

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

AN ACT relative to liquor liability insurance coverage and retail selling.

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

1 New Section; Alcoholic Beverages; Liquor Licenses and Fees; Insurance for Liquor Liability. Amend RSA 178 by inserting after section 2 the following new section:

178:2-a Insurance for Liquor Liability.

I. If the commission finds that a licensee or applicant has violated RSA 179:5, the commission may require, as a condition of the issuance, renewal, or reinstatement of any license that the licensee or applicant provide a certificate of insurance for liquor liability of the licensee to a limit of not less than $100,000 to any one person and $200,000 to all persons.

II. Effective 60 days after the inception of a liquor liability insurance contract, no notice of intention to terminate the contract or, if the contract is a renewal, no notice of intention not to renew the contract shall be effective unless the insurer at least 60 days prior to the effective date of cancellation or the end of the contract period, as the case may be, mails or delivers to the insured, and to the commission, at the address shown on the policy such notice of intention not to renew, except where cancellation is for nonpayment of premium, or where the insured no longer has a license. If cancellation is for nonpayment of premium pertaining to contracts required pursuant to paragraph I, the insurer shall not cancel such liquor liability insurance except upon 30 days prior written notice to the licensee and the commission.

III. The commission shall adopt rules, pursuant to RSA 541-A, relative to procedures and criteria necessary for a certificate of insurance for liquor liability to be required for the issuance of a liquor license.

2 Retail Installment Sales; Retail Selling; Disclosure, Exceptions; Telephone Number; Limitation. Amend RSA 361-B:2-a, I(c) to read as follows:

(c) In the case of a telephone solicitation, an address or a telephone number for customer inquiries and complaints.

3 Effective Date.

I. Section 2 of this act shall take effect January 1, 2001.

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

2000-4607s

AMENDED ANALYSIS

This bill:

I. Permits the liquor commission to require, as a condition of the issuance, renewal, or reinstatement of any license that the licensee or applicant provide a certificate of insurance for liquor liability of the licensee if the licensee or applicant has violated the prohibition on serving minors or intoxicated persons.

II. Limits to telephone solicitation the telephone number for customer inquiries and complaints disclosure that certain home solicitation sellers must provide, and permits disclosure of an address instead of a telephone number.

Senator Francoeur moved reconsideration on HB 1621-FN, allowing administrative home confinement for habitual offenders, whereby we ordered the bill as inexpedient to legislate.

HB 1621-FN, allowing administrative home confinement for habitual offenders.

Senator Francoeur offered a floor amendment.

2000-4351s

05/10

Floor Amendment to HB 1621-FN

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

1 Habitual Offenders; Penalties; Home Confinement. Amend RSA 262:23, I to read as follows:

I. It shall be unlawful for any person to drive any motor vehicle on the ways of this state while an order of the director or the court prohibiting such driving remains in effect. If any person found to be an habitual offender under the provisions of this chapter is convicted of driving a motor vehicle on the ways of this state while an order of the director or the court prohibiting such operation is in effect, he or she shall be sentenced, notwithstanding the provisions of RSA title LXII, to imprisonment for not less than one year nor more than 5 years. No portion of the minimum mandatory sentence shall be suspended, and no case brought to enforce this chapter shall be continued for sentencing; provided, however, that any sentence or part thereof imposed pursuant to this section may be suspended in cases in which the driving of a motor vehicle was necessitated by situations of apparent extreme emergency which required such operation to save life or limb. Any sentence of one year or less imposed pursuant to this paragraph shall be served in a county correctional facility and the court may order that any such offender may serve his or her sentence under home confinement pursuant to RSA 651:19 on such terms and conditions as the court may order, for the minimum mandatory term or any portion thereof, provided the offender first serves 8 consecutive weekends or 14 consecutive days of imprisonment prior to eligibility for home confinement. Habitual offenders shall only be eligible for the home confinement sentencing option once per lifetime. Any sentence of more than one year imposed pursuant to this paragraph shall be served in the state prison.

2 Discretionary Sentences; Release for Purpose of Gainful Employment or Rehabilitation; Home Confinement. Amend RSA 651:19 to read as follows:

651:19 Release for Purpose of Gainful Employment [or], Rehabilitation or Home Confinement. Any person who has been committed to a penal institution other than state prison under a criminal sentence may be released therefrom by the sentencing court at the time of sentence or at any time during the term of sentence, for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, or to serve the sentence under home confinement, provided the offender first serves 8 consecutive weekends or 14 consecutive days prior to eligibility for home confinement, or for such other purpose as the court may deem conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as the court may order. Any part of a day spent in the free community, or in home confinement, under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody and employment, he or she shall be returned to the sentencing court. The court may then require that the balance of the person's sentence be spent in actual confinement and may cancel any earned reduction of his or her term.

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

2000-4351s

AMENDED ANALYSIS

This bill provides for home confinement, with certain criteria to be met, as a means to serve habitual offender sentences and certain discretionary sentences.

Senator Trombly moved reconsideration on HB 1171, restricting the payment of salaries to suspended judicial officers, whereby we ordered it as inexpedient to legislate.

Senator J. King offered a floor amendment.

Sen. J. King, Dist. 18

Sen. F. King, Dist. 1

2000-4465s

10/09

Floor Amendment to HB 1171

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

AN ACT relative to optional early retirement for judges.

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

1 Supreme Court; Retirement of Justices. Amend RSA 490:2, II to read as follows:

II. As additional compensation for services rendered and to be rendered, any justice of the supreme court who retires upon attaining the age of 70 years and after having served as such justice for at least 7 years, or after attaining the age of 65 years and after having served as such justice for at least 10 years, or after attaining the age of 60 years and after having served as a full-time justice in the supreme, superior, district, or probate courts for an aggregate of at least 20 years, shall receive annually during the remainder of his or her life an amount equal to 3/4 of the currently effective annual salary of the office from which he or she is retired, to be paid in the same manner as the salaries of the justices of said court are paid.

2 Superior Court; Retirement of Justices. Amend RSA 491:2, II to read as follows:

II. As additional compensation for services rendered and to be rendered, any justice of the superior court who retires upon attaining the age of 70 years and after having served as such justice for at least 7 years, or after attaining the age of 65 years and after having served as such justice for at least 10 years, or after attaining the age of 60 years and after having served as a full-time justice in the supreme, superior, district, or probate courts for an aggregate of at least 20 years, shall receive annually during the remainder of his or her life an amount equal to 3/4 of the currently effective annual salary of the office from which he or she is retired, to be paid in the same manner as the salaries of the justices of said court are paid.

3 District Court; Retirement of Justices. Amend RSA 502-A:6-a, III to read as follows:

III. As additional compensation for services rendered and to be rendered, any justice of a district court who retires upon becoming 70 years old after having served as a justice for at least 7 years, or who retires after becoming 65 years old after having served as a justice for at least 10 years, or after attaining the age of 60 years and after having served as a full-time justice in the supreme, superior, district, or probate courts for an aggregate of at least 20 years, shall receive annually during the remainder of his or her life an amount equal to 3/4 of the currently effective annual salary of the office from which he or she is retired, to be paid in the same manner as the salaries of the justices of the court are paid. Any justice who is a member of the state or a local retirement system on January 1, 1984, shall forthwith cease to be a member of that system. The accumulated contributions made by such justice shall be paid out of the retirement trust fund to the justice.

4 Tenure of Judges; Reference Changed. Amend RSA 493:3 to read as follows:

493:3 Optional Retirement. Any supreme [or], superior, district, or probate court justice who has attained the age of [65] 60 years may retire. He or she shall give 30 days' notice of [his] the intention to retire to the chief justice or administrative justice of his or her court and to the governor and council. If a chief justice or administrative justice wishes to retire, he or she shall give 30 days' notice of [his] the intention to retire to the senior associate justice of his or her court and to the governor and council. The vacancy created by the retirement of a justice shall be filled according to law.

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

2000-4465s

AMENDED ANALYSIS

This bill allows judges to retire at age 60 with at least 20 years of aggregate service as a full-time judge in the supreme, superior, district, and probate courts.

Senator Gordon offered the following Resolution:

2000 SESSION

00-2819

03/09

ANALYSIS

00-2819

03/09

STATE OF NEW HAMPSHIRE

Whereas, the towns of Canaan, Grafton, and Orange are also in the same state senate district as Alexandria; and

Whereas, the 3,121-foot peak of Mount Cardigan serves as a geographical impediment between Alexandria and other towns in its state representative district; and

Whereas, the town of Alexandria shares the shores of Newfound Lake with the towns of Bristol, Bridgewater, and Hebron, which are north and east of Alexandria; and

Whereas, the town of Alexandria is in the Newfound school district with the towns of Bridgewater, Bristol, Danbury, Hebron, Groton, and New Hampton, which are north and east of Alexandria; and

Whereas, the business and social activities by residents of Alexandria are primarily with the other towns in the Newfound school district; and

Whereas, the towns north and east of Alexandria are in different state representative and senate districts than Alexandria; and

Whereas, it has been at least 3 decades since Alexandria has been in a state representative district with commonality of interests and geography; and

Whereas, commonality of interests make it more sensible that Alexandria be represented in the legislature together with towns to its north and east, rather than with towns to its west; and

Whereas, state representative and senate districts will be reconfigured following the 2000 census; now, therefore, be it

Resolved by the Senate:

That the senate hereby declares its desire to place the town of Alexandria in state representative and senate districts that include towns to Alexandria’s north and east following the 2000 census.

Senator Disnard moved to have HB 1414, authorizing the department of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, promoting the use of less polluting marine engines by the state and others, extending the reporting date of the committee to study the requirements for usage of MTBE, requiring a certification of understanding by certain municipal electric utilities, and relative to ambient groundwater quality standards, taken off the table.

Senator Disnard offered a floor amendment.

Sen. Disnard, Dist. 8

Sen. McCarley, Dist. 6

2000-4583s

08/10

Floor Amendment to HB 1414

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

Amend the bill by replacing all after section 3 with the following:

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

2000-4583s

AMENDED ANALYSIS

This bill:

I. Authorizes the commissioner of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, and to promote the usage of less polluting 4-cycle marine engines by the state and others.

II. Extends the report date for the committee to study requirements for and usage of methyl-t-butyl ether.

Senator Pignatelli moved to have HB 1106, making the widening of Interstate 93 from Manchester to the Massachusetts border a state priority, taken off the table.

HB 1106, making the widening of Interstate 93 from Manchester to the Massachusetts border a state priority.

Senator Pignatelli offered a floor amendment.

Sen. Pignatelli, Dist. 13

Sen. Squires, Dist. 12

Sen. Francoeur, Dist. 14

2000-4567s

01/09

Floor Amendment to HB 1106

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

Amend the bill by replacing all after section 2 with the following:

3 Applicability. Within 10 days of the effective date of sections 1 and 2 of this act, the house clerk shall send copies of sections 1 and 2 of this act to each member of the New Hampshire congressional delegation.

4 Statement of Intent. The general court recognizes that building additional toll booths create safety concerns and pollution issues. The general court also recognizes that more toll booths detract from the New Hampshire scenery and negatively impact the New Hampshire tourism industry.

5 Proposed Toll Booths Eliminated. The department of transportation shall eliminate the proposed toll booths for the city of Nashua.

6 Alternatives to Toll Booth System Required; Department of Transportation. The commissioner of the department of transportation shall recommend alternatives to the statewide toll booth system. The commissioner shall submit a report on or before November 1, 2000 with recommendations for legislation to the senate president, the speaker of the house, the chairpersons of the senate and house transportation committees, and the governor.

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

2000-4567s

AMENDED ANALYSIS

This bill directs the commissioner of transportation to give the widening of Interstate 93 from Manchester to the Massachusetts border very high priority.

This bill also eliminates proposed toll booths in Nashua and requires the commissioner of the department of transportation to create alternatives to the state’s toll booth system.

Senator Francoeur moved to have HB 1241, relative to third person liability under the workers' compensation law, taken off the table.

The following Senators voted No: F. King, Below, McCarley, Trombly, Disnard, Brown, J. King, Russman, D'Allesandro, Wheeler, Cohen.

Senator Russman moved to have HB 1342-FN, directing the department of environmental services to adopt concentration limits for certain compounds in land applied sludge, taken off the table.

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 401-FN-A-L, establishing the New Hampshire land and community heritage investment program and making an appropriation therefor.

SB 401-FN-A-L, establishing the New Hampshire land and community heritage investment program and making an appropriation therefor.

Senator Russman moved to concur.

Senator F. King moved that all bills left on the table be now killed by this resolution.

HB 723-FN, relative to standby and emergency guardianship proxies.

HB 1113, raising the maximum price for lucky 7 tickets.

HB 1203-L, (New Title) relative to the adoption of rules by the commissioner of cultural resources regarding public libraries.

HB 1371, (New Title) relative to allocation and distribution of funds for community-based prevention and diversion programs for children and juveniles.

SB 203, authorizing electronic games of chance at racetracks.

SB 218-FN-L, regulating the land application of sewage sludge.

SB 365-L, [New Title]relative to the adoption of bonds or notes in school districts and municipalities.

SB 380-FN-A, (New Title) relative to the availability of matching funds for improvements to South Fruit Street at Industrial Drive in the city of Concord.

SB 429-FN, relative to claims before the state commission for human rights.

SB 433, relative to the age at which a minor may purchase or possess handguns and ammunition.

SB 462-FN-A-L, establishing a reformed public school financing system for ensuring educational adequacy for all children, and establishing a state public education assistance system funded solely with state tax revenues, and making an appropriation therefor.

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 472, relative to final authorization of electric rate reduction financing and commission action.

SB 472, relative to final authorization of electric rate reduction financing and commission action.

Senator F. King moved to nonconcur 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 accedes to the request of the Senate for a Committee of Conference on the following entitled Senate Bill:

SB 472, relative to final authorization of electric rate reduction financing and commission action.

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

Senator Gordon moved that the rules of the Senate be so far suspended as to allow a bill without a five-day hearing notice in the calendar and report.

HB 1177, relative to the effective date of legislation established and chaptered on statutory legislative committee.

HB 1177, relative to the effective date of legislation established and chaptered on statutory legislative committee.

Senator Squires served notice of reconsideration on HB 1525, establishing a legislative oversight committee to review the procedures of 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 introducing legislation, referring bills to committee and scheduling hearings, enrolled bills and amendments and that when we adjourn we adjourn to Tuesday, May 23, 2000 at 10:00 a.m.

HB 1548-FN, abolishing the death penalty.

HB 417-FN-A, relative to the rehabilitation of the Walker building at New Hampshire hospital and making an appropriation therefor.

HB 1471, relative to the department of employment security's power to approve building projects.

HB 413-FN-A, relative to the renovation of regional vocational education centers, and making an appropriation therefor.

HB 1521-FN-L, relative to the definition and administration of an adequate education.

HB 733, relative to a state master plan for the deployment of personal wireless service facilities.

HB 1418-FN-L, relative to mercury-containing products.

HB 725, relative to rulemaking under the administrative procedures act.

HB 405-FN, relative to the annual funding of placement costs for juvenile diversion and alternative disposition programs and relative to an effectiveness study of such programs.

HB 618-FN-A, establishing a voucher program for smoking cessation.

HB 648-FN, relative to a sludge testing program, and providing that coated printing paper purchased by or for state agencies shall contain not less than 10 percent post consumer waste material.

HB 1189-FN, relative to benefit amounts, fees assessed and the application of the state unemployment compensation law, and relative to eligibility for unemployment benefits for certain persons commensurate with their attachment to the workforce.

HB 1240, requiring the department of health and human services and insurers to make prompt payments.

HB 1251, relative to driver education training reimbursement.

HB 1343-FN-A, appropriating available funds for fiscal year 2000 to provide funding to support research monitoring groundwater at reclamation sites that have had sludge applied.

HB 1504, relative to submission of biennial budget estimates by agencies.

HB 1573-FN, relative to the funding of the salary of the director of emergency medical services and making an appropriation therefor.

HB 1589, prohibiting the use of genetic testing for certain insurance policies.

HB 1592, relative to the display of the United States flag.

HJR 26, urging Congress to pass legislation ensuring improved access to local television for households in unserved and underserved rural areas.

HB 297-FN, permitting a jury trial in the superior court for alleged violations of the state law against discrimination for a certain time period or with the written assent of the commission for human rights after an action has been filed with the commission.

HB 1210-L, relative to capital reserve funds.

HB 1216, relative to petitions for warrant articles.

HB 1308, relative to nomination paper requirements.

HB 1331, relative to campaign contributions by corporations.

HB 542-FN-A, repealing the legacies and succession tax.

HB 628, relative to the relocation of the principal residence of a child.

HB 1582, establishing a committee to study workplace policies and practices of small businesses for their effect on New Hampshire employees and their families.

HB 1622, eliminating the requirement that a deputy town clerk have his or her domicile within the town.

HB 1139, establishing a committee to study involuntary emergency admission hearings.

HB 1250, allowing an advanced registered nurse practitioner to declare a personal safety emergency and to transfer an inmate for a psychiatric inpatient emergency.

HB 1319, extending the reporting date of the committee studying negotiated risk agreements and requiring the department of health and human services to conduct a study.

HB 1438-FN, relative to transportation of children for involuntary emergency admissions.

HB 1463, making technical corrections related to the mental health system and guardianship hearings.

HB 1464, relative to the licensing process for new health care facility construction

HB 1525, establishing a legislative oversight committee to review the procedures of the health services planning and review board.

HB 1571-FN, relative to claims arising from clinical services provided to the department of corrections.

HB 1579-FN, establishing certain penalties for violations of the youth tobacco laws and clarifying a definition under the indoor smoking act.

HB 1602-FN, establishing the New Hampshire task force on deafness and hearing loss.

HJR 20, urging the United States Congress to fully fund the Ricky Ray Hemophilia Relief Fund Act for HIV victims.

HB 1563-FN-L, establishing the Wolfeboro Airport Authority.

HB 1620-FN, relative to driver record information.

HB 2000-FN-L, relative to a 10-year transportation plan and establishing a committee to study the transportation plan projects.

HB 1202-L, making technical corrections to 1999, 17 as amended and relative to fixing and mailing procedures in the administration and appeal of state and local taxes.

HCR 35, urging the United States Food and Drug Administration to defer its proposed rules requiring pasteurization for apple cider and consider adoption of alternative processing standards.

HB 1369-FN-L, clarifying authority to regulate asbestos.

HB 1611, recodifying the state's DWI laws.

HB 1621-FN, allowing administrative home confinement for habitual offenders.

HB 1414, authorizing the department of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, promoting the use of less polluting marine engines by the state and others, extending the reporting date of the committee to study the requirements for usage of MTBE, requiring a certification of understanding by certain municipal electric utilities, and relative to ambient groundwater quality standards.

HB 1106, making the widening of Interstate 93 from Manchester to the Massachusetts border a state priority.

HB 1611, recodifying the state's DWI laws.

HB 1177, relative to the effective date of legislation established and chaptered on statutory legislative committee.