Out of Recess.

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Wednesday, May 31, 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 Gordon led the Pledge of Allegiance.

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

HB 733, relative to a state master plan for the deployment of personal wireless service facilities and establishing a committee to study state wireless communications policy.

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

SB 330, establishing a committee to study the impact of water withdrawals on instream flows and the impact of instream flow rules on entities that withdraw water or are affected by instream flows.

SB 334, relative to credit unemployment insurance.

SB 397, making an appropriation from the education trust fund for public kindergarten programs and relative to the adequate education grant amount and property tax warrant for the town of Orange.

SB 401, establishing the New Hampshire land and community heritage investment program and making an appropriation therefor.

SB 469, relative to mutual insurance holding companies.

SB 458, increasing the salary of the executive secretary of the retirement system and changing the title to executive director.

Senator D’Allesandro moved adoption.

April 10, 2000

2000-4064-CofC

08/09

Committee of Conference Report on HB 97, an act relative to the right to farm.

Recommendation:

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

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

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

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

1 Purpose. The purpose of this act is to clarify the requirements of RSA 672:1, III-b, that farming and agriculture, as defined in RSA 21:34-a, shall not be unreasonably limited by the use of municipal planning and zoning powers.

2 Purposes of Zoning Ordinances. Amend RSA 674:17, I(g) and (h) to read as follows:

(g) To facilitate the adequate provision of transportation, solid waste facilities, water, sewerage, schools, parks, child day care; [ and]

(h) To assure proper use of natural resources and other public requirements[.]; and

3 New Subdivision; Agricultural Uses of Land. Amend RSA 674 by inserting after section 32 the following new subdivision:

Agricultural Uses of Land

674:32-a Presumption. In accordance with RSA 672:1, III-d, whenever agricultural activities are not explicitly addressed with respect to any zoning district or location, they shall be deemed to be permitted there, as either a primary or accessory use, so long as conducted in accordance with best management practices adopted by the commissioner of agriculture, markets, and food and with federal and state laws, regulations, and rules.

674:32-b Existing Agricultural Uses. Any agricultural use which exists pursuant to RSA 674:32-a may without restriction be expanded, altered to meet changing technology or markets, or changed to another agricultural use, as set forth in RSA 21:34-a, so long as any such expansion, alteration, or change complies with all federal and state laws, regulations, and rules, including best management practices adopted by the commissioner of agriculture, markets, and food; subject, however, to the following limitations:

(a) Any new establishment, re-establishment after disuse, or significant expansion of an operation involving the keeping of livestock, poultry, or other animals may be made subject to special exception, building permit, or other local land use board approval.

(b) Any new establishment, re-establishment after disuse, or significant expansion of a farm stand, retail operation, or other use involving on-site transactions with the public, may be made subject to applicable special exception, building permit, or other local land use board approval and may be regulated to prevent traffic and parking from adversely impacting adjacent property, streets and sidewalks, or public safety.

674:32-c Other General Provisions.

I. The tilling of soil and the growing and harvesting of crops and horticultural commodities, as a primary or accessory use, shall not be prohibited in any district.

II. Nothing in this subdivision shall exempt new, re-established, or expanded agricultural operations from generally applicable building and site requirements such as dimensional standards, setbacks, driveway and traffic regulations, parking requirements, noise, odor, or vibration restrictions or sign regulations; provided, however, that in circumstances where their literal application would effectively prohibit an agricultural use allowed by this subdivision, or would otherwise be unreasonable in the context of an agricultural use, the board of adjustment, building code board of appeals, or other applicable local board, after due notice and hearing, shall grant a waiver from such requirement to the extent necessary to reasonably permit the agricultural use, unless such waiver would have a demonstrated adverse effect on public health or safety, or the value of adjacent property. Such waiver shall continue only as long as utilized for the permitted agricultural use.

III. Nothing in this subdivision shall apply to any aspect of an agricultural operation determined to be injurious to public health or safety under RSA 147. Nothing in this subdivision shall be deemed to modify or limit the duties and authority of the department of environmental services under RSA 485 or RSA 485-A or the commissioner of the department of agriculture, markets, and food under title XL.

IV. Nothing in this subdivision shall be deemed to affect the regulation of sludge or septage.

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

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

Sen. Below, Dist. 5 Rep. Babson, Carr. 5

Sen. Wheeler, Dist. 21 Rep. K. Marshall, Merr. 4

Sen. Krueger, Dist. 16 Rep. Patten, Carr. 9

Rep. Phinizy, Sull. 7

Senator Below moved adoption.

May 25, 2000

2000-4722-CofC

08/10

Committee of Conference Report on HB 226-LOCAL, an act establishing municipality bond payment schedules and percentages.

Recommendation:

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

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

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

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:

2 City of Concord; General Obligation Bonds. Notwithstanding any other provision of law to the contrary, the city of Concord may authorize, issue and sell general obligation bonds, which shall mature within 20 years from the date of issue, to finance the acquisition and betterment of real and personal property needed to carry out the development program within the development district established pursuant to the provisions of RSA 162-K, together with all relocation costs incidental thereto. Bonds issued under authority of this section shall be payable in annual payments which shall be so arranged that the amount of annual payment of principal and interest in any year on account of any bond shall not be less than the amount of principal and interest payable in any subsequent year by more than 10 percent of the principal of the entire bond. The total amount of such payments shall be sufficient to extinguish the entire bond on account of which they are made at maturity. The first payment of principal on any bond shall be made no later than 5 years and the last payment not later than 20 years after the date thereof. Each authorized issue of bonds shall be a separate loan. All dedicated tax increments received by the municipality pursuant to RSA 162-K:10 shall be pledged for the payment of those bonds and used to reduce or cancel the taxes otherwise required to be extended for that purpose, and the bonds shall not be included when computing the city of Concord’s net debt under RSA 33.

The signatures below attest to the authenticity of this Report on HB 226-LOCAL, an act

Sen. Fraser, Dist. 4 Rep. Leone, Sull. 2

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

Sen. Klemm, Dist. 22 Rep. St. Cyr, Merr. 8

Rep. Simon, Hills. 40

2000-4722-CofC

AMENDED ANALYSIS

This bill establishes municipal bond payment schedules, including a special schedule for the city of Concord. This bill also requires each issuance of bonds to be a separate loan.

Senator Fraser moved adoption.

May 18, 2000

2000-4593-CofC

03/01

Committee of Conference Report on HB 228, an act clarifying permissible political expenditures.

Recommendation:

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

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

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:

2 Applicability. The limitation on total expenditures established in section 1 of this act shall not apply to expenditures made prior to the effective date of this act.

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

Sen. Trombly, Dist. 7 Rep. Clegg, Hills. 23

Sen. Eaton, Dist. 10 Rep. Horton, Coos 3

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

Rep. Clemons, Hills. 31

Senator Trombly moved adoption.

May 24, 2000

2000-4662-CofC

08/09

Committee of Conference Report on HB 297-FN, an act 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.

Recommendation:

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

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

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

(a) After the filing of any complaint, one of the commissioners designated by the chair shall make, with the assistance of the commission's staff, prompt investigation in connection therewith; during the course of the investigation, the commission shall encourage the parties to resolve their differences through settlement negotiations; and if such commissioner shall determine after such investigation that probable cause exists for crediting the allegations of the complaint, the commissioner shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion. The members of the commission and its staff shall not disclose what has occurred in the course of such endeavors, provided that the commission may publish the facts in the case of any complaint which has been dismissed, and the terms of conciliation when the complaint has been so disposed of. When the investigating commissioner finds no probable cause to credit the allegations in the complaint, the complaint shall be dismissed, subject to a right of appeal to superior court. 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. If it reverses the finding of the investigating commissioner, the superior court shall remand the case for further proceedings in accordance with RSA 354-A:21, II, unless the complainant or respondent elects to proceed with a hearing in superior court pursuant to RSA 354-A:21-a.

Amend the bill by replacing section 6 with the following:

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

354-A:21-a Choice of Forum.

I. Any party alleging to be aggrieved by any practice made unlawful under this chapter may, at the expiration of 180 days after the timely filing of a complaint with the commission, or sooner if the commission assents in writing, but not later than 3 years after the alleged unlawful practice occurred, bring a civil action for damages or injunctive relief or both, in the superior court for the county in which the alleged unlawful practice occurred or in the county of residence of the party, to the same extent as damages and injunctive relief could be awarded by the commission in a complaint not removed. Any party alleged to have committed any practice made unlawful under this chapter may, in any case in which a determination of probable cause has been made by the investigating commissioner, remove said complaint to superior court for trial. A superior court trial shall not be available to any party if a hearing before the commission has begun or has concluded pursuant to RSA 354-A:21, II(b), or to a complainant whose charge has been dismissed as lacking in probable cause who has not prevailed on an appeal to superior court pursuant to RSA 354-A:21, II(a). In superior court, either party is entitled to a trial by jury on any issue of fact in an action for damages regardless of whether the complaining party seeks affirmative relief.

II. The charging party shall notify the commission of the filing of any superior court action, and the respondent shall notify the commission of the removal to superior court after a finding of probable cause. After such notice, the commission shall dismiss the complaint without prejudice. A party electing to file a civil action with the superior court under paragraph I shall be barred from bringing any subsequent complaint before the commission based upon the same alleged unlawful discriminatory practice.

Amend RSA 354-A:22, II as inserted by section 7 of the bill by replacing it with the following:

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. In petitions to enforce commission orders, the court may, in its discretion, award the complaining party reasonable attorney’s fees and costs.

Amend the bill by replacing section 8 with the following:

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

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

Sen. Squires, Dist. 12 Rep. Mock, Carr. 3

Sen. Trombly, Dist. 7 Rep. L. Jean, Hills. 17

Sen. Gordon, Dist. 2 Rep. Craig, Hills. 38

Rep. Woods, Straf. 11

2000-4662-CofC

AMENDED ANALYSIS

This bill:

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

II. Allows a party alleging to be aggrieved by an unlawful discriminatory practice to bring a civil action in superior court for damages or injunctive relief or both.

III. Allows a party alleged to have committed an unlawful discriminatory practice, when there has been a determination of probable cause by the investigating commissioner, to remove a complaint to superior court for trial.

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

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

Senator Squires moved adoption.

May 25, 2000

2000-4702-CofC

03/01

Committee of Conference Report on HB 413-FN-A, an act relative to the renovation of regional vocational education centers, and making an appropriation therefor.

Recommendation:

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

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

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

1 Statement of Policy. It is hereby declared to be the policy of the state of New Hampshire to support the funding of the regional vocational education centers within the capital budget or legislative funding process.

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 request for funding follows the capital budget procedure pursuant to RSA 9:3-a;

(d) 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

(e) The state shall fund not less than 75 percent of the cost of a project approved pursuant to this section.

II. The renovation and expansion reserve funding required by subparagraph I(d) 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.

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 a differential vocational education rate and that the receiving district shall deposit that differential 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(d). 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.

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

Sen. Larsen, Dist. 15 Rep. Leber, Merr. 1

Sen. McCarley, Dist. 6 Rep. McCarty, Hills. 38

Sen. Squires, Dist. 12 Rep. Cloutier, Sull. 8

Rep. Alukonis, Hills. 23

Senator Larsen moved adoption.

May 25, 2000

2000-4691-CofC

10/09

Committee of Conference Report on HB 417-FN-A, an act relative to the rehabilitation of the Walker building at the New Hampshire hospital and making an appropriation therefor.

Recommendation:

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

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

Amend the bill by replacing section 1 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 an energy efficient office complex and develop bid specifications for the conversion of the Walker building, including a parking plan.

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

Sen. Larsen, Dist. 15 Rep. Calawa, Hills. 17

Sen. J. King, Dist. 18 Rep. McCarty, Hills. 38

Sen. Russman, Dist. 19 Rep. Bouchard, Merr. 22

Rep. Major, Rock. 16

Senator Larsen moved adoption.

May 25, 2000

2000-4680-CofC

09/10

Committee of Conference Report on HB 505-FN, an act establishing a special license plate for veterans.

Recommendation:

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

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

Amend the bill by deleting section 2 and renumbering the original section 3 to read as 2.

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

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

Sen. Roberge, Dist. 9 Rep. Letourneau, Rock. 13

Sen. Below, Dist. 5 Rep. J. Flanders, Rock. 18

Rep. Peter Cote, Hills. 32

2000-4680-CofC

AMENDED ANALYSIS

This bill establishes a special license plate for veterans.

Senator Gordon moved adoption.

May 25, 2000

2000-4699-CofC

04/09

Committee of Conference Report on HB 553-FN-A, an act establishing a commission on the status of men.

Recommendation:

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

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

Amend the bill by replacing section 2 with the following:

2 Membership and Compensation.

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

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

(b) Two members of the public, appointed by the speaker of the house.

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

Amend the bill by replacing section 5 with the following:

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before February 15, 2001.

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

Sen. Cohen, Dist. 24 Rep. Sapareto, Rock. 13

Sen. Larsen, Dist. 15 Rep. Zolla, Rock. 13

Sen. Brown, Dist. 17 Rep. Boyce, Belk. 5

Rep. Burkush, Hills. 45

Senator Cohen moved adoption.

May 26, 2000

2000-4736-CofC

09/01

Committee of Conference Report on HB 618-FN-A, an act establishing a voucher program for smoking cessation.

Recommendation:

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

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

The signatures below attest to the authenticity of this Report on HB 618-FN-A, an act establishing a voucher program for smoking cessation.

Sen. Squires, Dist. 12 Rep. Emerton, Hills. 7

Sen. Fernald, Dist. 11 Rep. Batula, Hills 18

Sen. Wheeler, Dist. 21 Rep. Haettenschwiller, Hills. 29

Rep. Wendelboe, Belk. 2

Senator Squires moved adoption.

May 25, 2000

2000-4677-CofC

04/09

Committee of Conference Report on HB 628, an act relative to the relocation of the principal residence of a child.

Recommendation:

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

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

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

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. In cases where there has been a finding of domestic violence between the parties as defined in RSA 173-B, any decision on the possible future relocation of the principal residence of the minor children shall consider the needs, safety, and best interest of the abused spouse and the minor child or children.

Amend RSA 458:17, VI-a (c) (5) as inserted by section 1 of the bill by replacing it with the following:

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

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

(d) No agreement or final order may contain a provision prohibiting a parent from relocating. However, the court, in an agreement or final order, may require a parent seeking relocation to provide notice of relocation to the court, or to the other parent, or to both, where such relocation may significantly impede the non-relocating parent’s access to the minor child or children.

Amend the bill by replacing section 7 with the following:

7 District Court and Family Division; 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 or family division situated in the pilot locations.

II. Notwithstanding any provision of RSA 169-B to the contrary, any district court or family division 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 or family division 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 or family division 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 or family division 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 or family division 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.

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

Sen. Squires, Dist. 12 Rep. Dowling, Rock. 13

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

Sen. Klemm, Dist. 22 Rep. Arnold, Hills. 20

Rep. Ginsburg, Hills. 26

Senator Squires moved adoption.

May 25, 2000

2000-4695-CofC

08/04

Committee of Conference Report on HB 648-FN, an act relative to a sludge testing program.

Recommendation:

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

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

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

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

Sen. Cohen, Dist. 24 Rep. Leishman, Hills. 13

Sen. Wheeler, Dist. 21 Rep. Messier, Hills. 46

Sen. Brown, Dist. 17 Rep. B. Hall, Hills. 20

Rep. Almy, Graf. 14

Senator Cohen moved adoption.

May 24, 2000

2000-4664-CofC

04/09

Committee of Conference Report on HB 690-FN-LOCAL, an act relative to charter schools and open enrollment districts.

Recommendation:

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

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

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

Sen. McCarley, Dist. 6 Rep. Durham, Hills. 22

Sen. Johnson, Dist. 3 Rep. Alger, Graf. 9

Sen. Disnard, Dist. 8 Rep. Cox, Rock. 24

Rep. Hunt, Ches. 10

Senator McCarley moved adoption.

May 25, 2000

2000-4694-CofC

03/01

Committee of Conference Report on HB 713-FN, an act relative to penalties for multiple DWI offenses.

Recommendation:

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

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

Amend RSA 265:82-e, I as inserted by section 2 of the bill by replacing it with the following:

I. Any person whose license or permission to drive has been revoked or suspended for an aggravated DWI offense under RSA 265:82-b, I(b), I(c), or a subsequent DWI offense under RSA 265:82-b, II may be required by the court after the period of revocation or suspension to install an ignition interlock device as defined in RSA 259:43-a in any vehicle registered to that person or used by that person on a regular basis, for not less than 6 months nor more than 2 years. Installation and monitoring costs shall be paid by the offender. A certificate proving installation of the device shall be provided to the division of motor vehicles as a condition precedent to reinstatement of the individual’s license to drive, and the division may mark the person’s license accordingly.

Amend RSA 265:82-e, IV as inserted by section 2 of the bill by replacing it with the following:

IV. An ignition interlock device may not be sold or distributed in this state without the device being approved by the commissioner or the department of safety.

Amend the introductory paragraph of RSA 265:82-e, VI as inserted by section 2 of the bill by replacing it with the following:

VI. The commissioner shall adopt rules and regulations to create an ignition interlock program that will control the delivery of interlock service in this state under this subdivision. The rules adopted for the licensing of approved interlock service providers shall require that each provider, at a minimum;

Amend RSA 265:82-e, VI(f) as inserted by section 2 of the bill by replacing it with the following:

(f) Provide a certificate of installation to the vehicle’s owner upon installation of the device in a form to be determined by the department’s interlock rules.

Amend RSA 265:79 as inserted by section 3 of the bill by replacing it with the following:

265:79 Reckless Driving; Minimum Penalty. Whoever upon any way drives a vehicle recklessly, or so that the lives or safety of the public shall be endangered, or upon a bet, wager or race, or who drives a vehicle for the purpose of making a record, and thereby violates any of the provisions of this title or any rules adopted by the director, shall be, notwithstanding the provisions of title LXII, fined not less than $250 nor more than [$500] $1,000 and his or her license shall be revoked for a period of 60 days for the first offense and from 60 days to one year for the second offense.

Amend RSA 630:3, III as inserted by section 4 of the bill by replacing it with the following:

III. In addition to any other penalty imposed, if the death of another person resulted from the negligent driving of a motor vehicle, the court may revoke the license or driving privilege of the convicted person for up to 7 years. In cases where the person is convicted under paragraph II, the court shall revoke the license or driving privilege of the convicted person indefinitely and the person shall not petition for eligibility to reapply for a driver’s license for at least 7 years. In a case in which alcohol was involved, the court may also require that the convicted person shall not have a license to drive reinstated until after the division of motor vehicles receives certification of installation of an ignition interlock device as described in RSA 265:82-e, which shall remain in place for a period not to exceed 5 years.

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

Amend the bill by replacing section 5 with the following:

5 Effective Date.

I. RSA 265:82-e, III as inserted by section 2 of this act shall take effect January 1, 2004.

II. The remainder of this act shall take effect January 1, 2002.

The signatures below attest to the authenticity of this Report on HB 713-FN, an act relative to penalties for multiple DWI offenses.

Sen. Brown, Dist. 17 Rep. Christie, Rock. 22

Sen. Trombly, Dist. 7 Rep. Tholl, Coos 5

Sen. Squires, Dist. 12 Rep. Sargent, Hills. 3

Rep. Rodd, Merr. 3

Senator Brown moved adoption.

May 24, 2000

2000-4658-CofC

10/09

Committee of Conference Report on HB 725, an act relative to rulemaking under the administrative procedures act.

Recommendation:

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

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

Amend RSA 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] refer 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. The manual shall be subject to the approval of governor and council.

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. No changes to such rules may be made by the agency, other than editorial changes not affecting the substance of the rules, without following the rulemaking procedures required in this chapter. 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] unless such rules are amended, superseded, or repealed before such expiration. The agency shall commence rulemaking to amend its rules no later than [6 months] 90 days 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] 90 days after such changes occur.

Amend the bill by inserting after section 24 the following and renumbering the original section 25 to read as 26:

25 Application. The provisions of this act shall govern the following on or after the effective date of this act:

(a) All rulemaking initiated by filing a notice of rulemaking under RSA 541- A:6.

(b) All emergency rules adopted under RSA 541-A:18.

(c) All interim rules initiated by filing a proposed interim rule under RSA 541-A:19, II.

The signatures below attest to the authenticity of this Report on, an act relative to rulemaking under the administrative procedures act.

Sen. Larsen, Dist. 15 Rep. Dickinson, Carr. 2

Sen. D’Allesandro, Dist. 20 Rep. O’Neil, Rock. 22

Sen. Klemm, Dist. 22 Rep. Torr, Straf. 12

Rep. Virtue, Merr. 9

Senator Larsen moved adoption

May 24, 2000

2000-4647-CofC

01/09

Committee of Conference Report on HB 1106, an act making the widening of Interstate 93 from Manchester to the Massachusetts border a state priority.

Recommendation:

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

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

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

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

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

Sen. Pignatelli, Dist. 13 Rep. McCarty, Hills. 38

Sen. Below, Dist. 5 Rep. Morse, Rock. 28

Rep. Ahern, Hills. 38

Senator Russman moved adoption.

May 25, 2000

2000-4715-CofC

04/09

Committee of Conference Report on HB 1188-FN-LOCAL, an act relative to alternative kindergarten programs.

Recommendation:

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

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

Amend RSA 198:48-a,VII as inserted by section 1 of the bill by replacing it with the following:

VII.(a) Upon the effective date of this paragraph, and for each fiscal year through June 30, 2003, an adequate education grant of $750 per pupil shall be distributed to school districts, from the education trust fund created in RSA 198:39, for the education of its resident kindergarten pupils enrolled in an approved alternative kindergarten program established under this section.

(b) Once pupils enrolled in an approved alternative kindergarten program have been counted in the average daily membership in residence, school districts shall receive, for each such pupil, an adequate education grant calculated in accordance with RSA 198:40 through RSA 198:42.

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

2 Public Kindergarten Programs; Per Pupil Reimbursement. 1999, 65:9, I is repealed and reenacted to read as follows:

I.(a) If a school district implements a public kindergarten program during school year 1998-1999 through school year 2002-2003 inclusive, the school district maintaining such a kindergarten program shall receive reimbursement at the rate of $750 per pupil for each fiscal year through June 30, 2003.

(b) Notwithstanding 1999, 65:9, I(a), once pupils enrolled in a public kindergarten program have been counted in the average daily membership in residence, school districts shall receive, for each such pupil, an adequate education grant calculated in accordance with RSA 198:40 through RSA 198:42.

3 Repeal. RSA 1999, 65:9, II, relative to reimbursement for public kindergarten programs implemented in the 2000-2001 school year, is repealed.

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

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

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

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

Sen. Gordon, Dist. 2 Rep. Belvin, Hills. 14

Rep. Snyder, Straf 14

Senator McCarley moved adoption.

May 25, 2000

2000-4714-CofC

04/10

Committee of Conference Report on HB 1189-FN, an act relative to benefit amounts, fees assessed and the application of the state unemployment compensation law.

Recommendation:

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

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

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

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

1 Temporary, Part Time Contract Workers. Amend RSA 282-A:9, IV(w) to read as follows:

(w) Service performed by an individual who, on a temporary, part-time, contract basis, demonstrates products, offers samples of products or promotional materials to customers, conducts store audits or performs mystery shopping as part of an advertising or sales promotion for the products when such activities are conducted in the field or over the telephone on premises not used or controlled by the person for whom such contract services are being provided, however such exemptions shall not apply to such service performed for the state or any of its political subdivisions or for an organization described in section 501(c)(3) and exempt under section 501(a) of the Internal Revenue Code.

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

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

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

Sen. McCarley, Dist. 6 Rep. Clegg, Hills 23

Sen. Fraser, Dist. 4 Rep. N. Wall, Hills. 22

Rep. J. Kelley, Rock. 22

2000-4714-CofC

AMENDED ANALYSIS

This bill creates an exemption within a group of temporary, part-time employees not eligible to receive benefits.

Senator Wheeler moved adoption.

May 23, 2000

2000-4630-CofC

03/10

Committee of Conference Report on HB 1198, an act establishing a procedure for the 2001 voter checklist verification.

Recommendation:

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

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

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

IV. For the purpose of this section, a person shall be deemed reregistered and need not appear before the supervisors if the person voted during the year 2000 in the presidential primary election; the state primary election; the state general election; or in a municipal election; school district election; special election; or any municipal vote, including 1999 city general election, in which the checklist was used.

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

Sen. Trombly, Dist. 7 Rep. Clegg, Hills. 23

Sen. Disnard, Dist. 8 Rep. Horton, Coos 3

Sen. Eaton, Dist. 10 Rep. Stritch, Rock. 5

Rep. Buckley, Hills. 44

000-4630-CofC

AMENDED ANALYSIS

This bill establishes a procedure for the 2001 voter checklist verification that automatically reregisters only those persons who voted during the year 2000 or a 1999 city general election.

This bill is a request of the committee established by 1999, 11.

Senator Trombly moved adoption.

May 24, 2000

2000-4656-CofC

09/10

Committee of Conference Report on HB 1202-LOCAL, an act 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.

Recommendation:

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

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

Amend paragraphs I and II of section 13 of the bill by replacing it with the following:

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 from 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 that identifies, or permits identification of, particular tax returns or taxpayers disclosed pursuant to paragraph I shall reside in the custody of the department of revenue administration.

The signatures below attest to the authenticity of this Report on HB 1202-LOCAL, 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.

Sen. Below, Dist. 5 Rep. Kurk, Hills. 5

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

Sen. McCarley, Dist. 6 Rep. Vaughn, Rock. 35

Rep. Clegg, Hills. 23

Senator Below moved adoption.

May 17, 2000

2000-4563-CofC

04/10

Committee of Conference Report on HB 1212, an act relative to extending the reporting date of the open adoption study committee.

Recommendation:

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

The signatures below attest to the authenticity of this Report on HB 1212, an act relative to extending the reporting date of the open adoption study committee.

Sen. Trombly, Dist. 7 Rep. Lyman, Carr. 5

Sen. Squires, Dist. 12 Rep. Gile, Merr. 16

Sen. Pignatelli, Dist. 13 Rep. Arnold, Hills. 20

Rep. Bickford, Straf. 1

Senator Trombly moved adoption.

May 25, 2000

2000-4723-CofC

10/01

Committee of Conference Report on HB 1259-FN, an act establishing a coordinated and comprehensive effort by state agencies for economic growth, resource protection, and planning policy to encourage smart growth.

Recommendation:

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

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

Amend the bill by replacing section 10 with the following:

10 1991 Appropriation; Port Authority; Rip-Rap Project Added. Amend 1991, 351:5, as amended by 1992, 260:20, 1994, 204:1 and 2000, 15:1 to read as follows:

351:5 Appropriation; Port Authority. The expansion of the Port of Portsmouth funded in this section shall include an 11-acre expansion of the north yard of the port, the construction of a 750-foot pier, dredging projects including associated mitigation to maintain channels and harbor, a hydrodynamic study of Hampton and Seabrook, [and] renovation of any commercial fish piers that may be transferred to the port authority, and the rip-rap project on River Street in Seabrook. The sums hereinafter detailed are hereby appropriated for the project specified:

A. Port of Portsmouth Expansion $18,300,000

Total state appropriation section 5 $18,300,000

(The funds appropriated in subparagraph A for the Port of Portsmouth expansion shall not be expended, encumbered, or obligated in any way unless an action plan, which shall include construction documents, prepared by the New Hampshire Port Authority shall be approved by the capital budget overview committee, the fiscal committee, and the governor and council. $1,500,000 of the total amount appropriated herein is hereby released for the purpose of final design and bid documents. $1,800,000 of the total amount appropriated is designated for wetland mitigation. $400,000 of the total amount appropriated is designated for the Hampton-Seabrook hydrodynamic study. The remaining $14,600,000 is designated for construction, renovation and dredging projects including associated mitigation. This appropriation shall be nonlapsing until the project is completed. The New Hampshire Port Authority shall not encumber, obligate, or expend any funds from this appropriation for renovation or dredging projects without the prior approval of the capital budget overview committee. The total amount that may be expended for renovation and dredging projects including associated mitigation shall not exceed a total of $1,000,000.)

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

Sen. F. King, Dist. 1 Rep. Alukonis, Hills. 23

Sen. Hollingworth, Dist. 23 Rep. Brundige, Hills. 18

Sen. Cohen, Dist. 24 Rep. Leber, Merr. 1

Rep. Vaughn, Rock. 35

Senator F. King moved adoption.

May 24, 2000

2000-4636-CofC

03/09

Committee of Conference Report on HB 1329, an act relative to the termination of residential electric or gas utility service, the public utility commission’s rulemaking authority, and the establishment of a gas utility restructuring oversight committee.

Recommendation:

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

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

Amend the bill by inserting after section 2 the following and renumbering the original sections 3-8 to read as 4-9:

3 New Subdivision; Gas Utility Restructuring Oversight Committee. Amend RSA 374 by inserting after section 59 the following new subdivision:

Gas Utility Restructuring Oversight Committee

374:60 Gas Utility Restructuring Oversight Committee Membership and Duties.

I. There is established a gas utility restructuring oversight committee to work with the commission to oversee issues related to competitive supply of natural gas to individual customers and potential restructuring of the gas utility industry in New Hampshire.

II. The members of the 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.

III. The first-named house member shall call the first meeting which shall be held within 60 days of the effective date of this section. The members shall elect a chairperson at the first meeting. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

IV. The committee shall:

(a) Work with the commission to examine and oversee issues related to the competitive supply of natural gas to individual customers in New Hampshire, including the development of any new legislation necessary to provide for gas utility restructuring and retail choice of gas suppliers.

(b) Work with the commission and other agencies, where necessary, to implement gas utility restructuring.

V. The committee shall submit an annual report on or before November 1 of each year to the speaker of the house, the senate president, the house clerk, the senate clerk, the governor, and the state library.

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

Sen. Below, Dist. 5 Rep. Arnold, Hills. 20

Sen. Fraser, Dist. 4 Rep. Bradley, Carr. 8

Sen. F. King, Dist. 1 Rep. Bergeron, Hills. 32

Rep. Lynde, Hills. 24

Senator Below moved adoption.

May 25, 2000

2000-4726-CofC

08/10

Committee of Conference Report on HB 1414, 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, requiring a certification of understanding by certain municipal electric utilities, and relative to ambient groundwater quality standards.

Recommendation:

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

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

Amend the bill by replacing section 4 with the following:

4 New Section; Municipal Electric, Gas, Or Water Systems; Limitation On Purchase Of Certain Fossil Fuel Facilities. Amend RSA 38 by inserting after section 36 the following new section:

38:37 Limitation on Purchase, Construction, or Operation of Certain Fossil Fuel Facilities.

I. Except as provided in paragraph II, no municipal electric utility or municipality may, after July 1, 2000, purchase, construct, or operate any fossil fuel plants for the manufacture of electricity and sale to customers beyond the bounds of the municipality.

II. Following consultation with the department of environmental services to adequately address present and future environmental impacts, a municipality or a municipal electric utility may petition the department for specific permission for such acquisition, operation, or construction.

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

Sen. Below, Dist. 5 Rep. Bradley, Carr. 8

Sen. Russman, Dist. 19 Rep. Thomas, Belk. 3

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

Rep. Norelli, Rock. 31

2000-4726-CofC

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. Provides that no municipal electric utility or municipality may, after July 1, 2000, purchase, construct, or operate any fossil fuel plants for the manufacture of electricity and sale to customers beyond the bounds of the municipality, unless the utility or municipality petitions the department of environmental services and is granted permission.

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

Senator Below moved adoption.

May 25, 2000

2000-4696-CofC

09/04

Committee of Conference Report on HB 1418-FN-LOCAL, an act relative to mercury-containing products.

Recommendation:

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

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

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

Sen. McCarley, Dist. 6 Rep. Scanlan, Graf. 11

Sen. Below, Dist. 5 Rep. Melcher, Hills. 11

Sen. Russman, Dist. 19 Rep. Messier, Hills. 46

Rep. Lynde, Hills. 24

Senator McCarley moved adoption.

May 24, 2000

2000-4638-CofC

01/09

Committee of Conference Report on HB 1463, an act making technical corrections related to the mental health system and guardianship hearings.

Recommendation:

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

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

The signatures below attest to the authenticity of this Report on HB 1463, an act making technical corrections related to the mental health system and guardianship hearings

Sen. Wheeler, Dist. 21 Rep. P. Dowling, Rock. 13

Sen. Trombly, Dist. 7 Rep. Richardson, Ches. 12

Sen. McCarley, Dist. 6 Rep. Arnold, Hills. 20

Rep. Thulander, Hills. 6

Senator Wheeler moved adoption.

May 25, 2000

2000-4717-CofC

09/04

Committee of Conference Report on HB 1464, an act relative to the licensing process for new health care facility construction.

Recommendation:

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

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

Sen. Squires, Dist. 12 Rep. Emerton, Hills. 7

Sen. McCarley, Dist. 6 Rep. Batula, Hills. 18

Sen. Wheeler, Dist. 21 Rep. Pilliod, Belk. 3

Rep. Donovan, Sull. 11

Senator Squires moved adoption.

May 25, 2000

2000-4706-CofC

10/04

Committee of Conference Report on HB 1471, an act relative to the department of employment security’s power to approve building projects.

Recommendation:

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

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

Amend the introductory paragraph of RSA 282-A:112, V as inserted by section 2 of the bill by replacing it with the following:

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 total project agreements exceeding $50,000 for:

The signatures below attest to the authenticity of this Report on HB 1471, an act relative to the department of employment security’s power to approve building projects.

Sen. D’Allesandro, Dist. 20 Rep. Calawa, Hills. 17

Sen. Larsen, Dist. 15 Rep. Cloutier, Sull. 8

Sen. Gordon, Dist. 2 Rep. McCarty, Hills. 38

Rep. Leber, Merr. 1

Senator D'Allesandro moved adoption.

May 26, 2000

2000-4754-CofC

10/09

Committee of Conference Report on HB 1504, an act relative to submission of biennial budget estimates by agencies.

Recommendation:

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

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

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

1 Requests for Appropriations; Definition of Maintenance Expenditure. Amend RSA 9:4, II to read as follows:

II. In this section "maintenance expenditure" means:

(a) The cost of providing the same level of service authorized and funded in the preceding fiscal year, incorporating changes in the population, economic conditions, and other factors outside the control of the PAU. [The maintenance level shall include adjustments for] The governor shall provide criteria for the development of maintenance expenditures which may include the following:

(1) Any increases or decreases in the cost of purchased goods or services due to general price changes in the economy at large;

(2) Salary steps within grade;

(3) New positions necessary to provide the same level of service;

(4) Additional operating costs associated with previously authorized capital improvement projects to be completed during the biennium;

(5) Reductions for non-recurring costs of the prior fiscal year.

(b) The maintenance level shall not include new programs or changes in the kind, quantity, or quality of service when the change is at the agency's discretion or is the result of changes in federal or state law or regulation.

(c) Within the meaning of this section, the [commissioner] governor shall make the final determination as to whether a particular cost shall be deemed to be a maintenance expenditure.

2 Repeal. RSA 9:3, I(b)(6), relative to explanation of differences from maintenance expenditure requirement, is repealed.

3 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

4 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

5 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

6 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

7 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

8 Purpose. Section 9 of this act 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. Section 9 of this act shall not constitute legislative approval under RSA 14:35-b.

9 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

10 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

11 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.

12 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.

13 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.

14 Committee Established. There is established a committee to study funding for division of fire standards and training firefighter and emergency medical services training.

15 Membership and Compensation.

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

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

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

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

16 Duties. The committee shall develop a proposal for a dedicated funding source for firefighter and emergency medical services training within the division of fire standards and training, department of safety. Funding sources to be considered shall include but shall not be limited to a reallocation or increase in the fee paid pursuant to RSA 260:15 for copies of motor vehicle records.

17 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. 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.

18 Report; Consideration of Proposed Legislation.

I. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2000.

II. Legislation proposed to be introduced pursuant to the report of the study committee shall be in anticipation of early consideration and fast-track passage in the 2001 legislative session.

19 Positions Established; Appropriations; Authority of Commissioner of the Department of Revenue Clarified. Amend 1999, 17:53, IV as amended by 1999, 303:12 to read as follows:

IV. The sum of $2,700,000 for the biennium ending June 30, 2001, is hereby appropriated to the department of revenue administration to fund the costs necessary to implement the provisions of this act, the provisions of RSA 198:50 through 198:55, and the provisions of 1999, 338:23. The commissioner is authorized to establish positions necessary to implement this act. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

20 Appropriation; Authority to Establish Positions Inserted. Amend 1999, 338:16 to read as follows:

338:16 Appropriation. The sum of $200,000 is hereby appropriated for the biennium ending June 30, 2001 from the education trust fund established in RSA 198:39 to the department of revenue administration for the purpose of administering the education property tax hardship relief provisions established in RSA [198:50-55] 198:50 through 198:55. The commissioner of the department of revenue administration is authorized to establish positions necessary to implement the provisions of this section.

21 Classified Positions in Department of Health and Human Services.

I. Notwithstanding the provisions of 1995, 310:60, any classified employee of the department of health and human services whose position was changed from one salary group to a lower paying salary group shall continue to receive the salary and scheduled raises of the higher paying group so long as such employee is employed in such position.

II. Employees to whom paragraph I applies are hereby entitled to the 5 percent raise for classified state employees effective June 5, 1998, the 3 percent raise for classified state employees effective October 1, 1999, and all subsequent raises negotiated for classified state employees.

III. Funding for salaries and raises under paragraphs I and II shall be from appropriations made to the department of health and human services in the 2000-2001 operating budget for positions which are not filled.

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

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

Sen. Klemm, Dist. 22 Rep. Kurk, Hills. 5

Sen. Below, Dist. 5 Rep. Clegg, Hills. 23

Sen. McCarley, Dist. 6 Rep. Thulander, Hills. 6

Rep. Knowles, Straf. 11

2000-4754-CofC

AMENDED ANALYSIS

This bill:

I. Changes the definition of maintenance expenditure relating to the submission of budget estimates by agencies.

II. 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.

III. 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.

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

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

VI. 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.

VII. Establishes a committee to study funding for division of fire standards and training firefighter and emergency medical services training.

VIII. Clarifies the authority of the commissioner of the department of revenue administration to use certain appropriations to establish positions for the administration of the education property tax hardship relief program.

IX. Clarifies that employees in certain department of health and human services’ positions are entitled to certain salaries and raises.

Senator Klemm moved adoption.

May 24, 2000

2000-4653-CofC

10/09

Committee of Conference Report on HB 1510-FN, an act relative to establishing a medical savings account plan for providing state employee health care benefits.

Recommendation:

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

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

The signatures below attest to the authenticity of this Report on HB 1510-FN, an act relative to establishing a medical savings account plan for providing state employee health care benefits.

Sen. F. King, Dist. 1 Rep. Goulet, Hills. 15

Sen. Below, Dist. 5 Rep. Millham, Belk. 4

Sen. McCarley, Dist. 6 Rep. Stickney, Rock. 26

Rep. Murphy, Hills. 42

Senator F. King moved adoption.

May 25, 2000

2000-4701-CofC

03/10

Committee of Conference Report on HB 1552-FN-A, an act establishing a telecommunications development initiative in New Hampshire and making an appropriation therefor.

Recommendation:

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

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

Amend section 5 of the bill by inserting after paragraph III the following new paragraph:

IV. The public utilities commission shall not allow any certified telecommunications provider assessed under this act to recover said assessment from ratepayers. No future rate case may incorporate this cost for purposes of determining the allowed rate of return.

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

Sen. D’Allesandro, Dist. 20 Rep. Major, Rock. 16

Sen. Below, Dist. 5 Rep. Bradley, Carr. 8

Sen. F. King, Dist. 1 Rep. Thomas, Belk. 3

Rep. Kaen, Straf. 7

Senator D'Allesandro moved adoption.

May 24, 2000

2000-4654-CofC

09/01

Committee of Conference Report on HB 1563-FN-LOCAL, an act establishing the Wolfeboro Airport Authority.

Recommendation:

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

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

The signatures below attest to the authenticity of this Report on HB 1563-FN-LOCAL, an act establishing the Wolfeboro Airport Authority.

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

Sen. Roberge, Dist. 9 Rep. Patten, Carr. 9

Sen. Trombly, Dist. 7 Rep. Bradley, Carr. 8

Rep. Simon, Hills. 40

Senator Gordon moved adoption.

May 25, 2000

2000-4711-CofC

03/01

Committee of Conference Report on HB 1569-FN, an act requiring the department of environmental services to propose a voluntary testing program of public water supplies for methyl tertiary butyl ether (MTBE), and to study the amount of MTBE in gasoline in the state.

Recommendation:

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

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

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

III. Such testing for surface water supplies shall be done as close to labor day as possible.

Amend paragraph V of section 2 of the bill replacing it with the following:

V. The commissioner of environmental services shall report findings and conclusions to the MTBE study committee established under 1999, 55. The report shall include the results of testing, a list of which public water systems conducted or did not conduct such tests, any information regarding private wells which the department may have, and any recommendations for future mandatory testing of public water supplies, including reimbursement to water systems operated by municipalities.

Amend paragraph II of section 3 of the bill by replacing it with the following:

II. Such testing shall either be provided by the Environmental Protection Agency or funded, upon receipt, by grant money designated to pay for the analyses.

Amend the bill by replacing section 4 with the following:

4 Repeal. Sections 1-3 of this act, relative to gasoline containing MTBE, are repealed.

The signatures below attest to the authenticity of this Report on HB 1569-FN, an act requiring the department of environmental services to propose a voluntary testing program of public water supplies for methyl/tertiary butyl ether (MTBE), and to study the amount of MTBE in gasoline in the state.

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

Sen. Below, Dist. 5 Rep. Norelli, Rock. 31

Sen. Cohen, Dist. 24 Rep. MacGillivray, Hills. 21

Rep. Almy, Graf. 14

Senator Wheeler moved adoption.

May 25, 2000

2000-4686-CofC

09/04

Committee of Conference Report on HB 1570-FN, an act requiring parolees and probationers from other states to comply with the Interstate Compact on Parole in order to be lawfully present in New Hampshire.

Recommendation:

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

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

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

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

Sen. Brown, Dist. 17 Rep. Christie, Rock. 22

Sen. Cohen, Dist. 24 Rep. Tholl, Coos 5

Sen. Trombly, Dist. 7 Rep. Knowles, Straf. 11

Rep. O’Keefe, Rock. 21

Senator Brown moved adoption.

May 24, 2000

2000-4659-CofC

03/10

Committee of Conference Report on HB 1571-FN, an act relative to claims arising from clinical services provided to the department of corrections.

Recommendation:

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

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

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

Sen. Squires, Dist. 12 Rep. Mock, Carr. 3

Sen. Wheeler, Dist. 21 Rep. Rowe, Hills. 14

Sen. Krueger, Dist. 16 Rep. Dokmo, Hills. 14

Rep. Mitchell, Ches. 3

Senator Squires moved adoption.

May 25, 2000

2000-4689-CofC

09/10

Committee of Conference Report on HB 1573-FN, an act relative to the funding of the salary of the director of emergency medical services and making an appropriation therefor.

Recommendation:

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

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

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

Sen. F. King, Dist. 1 Rep. Holbrook, Belk. 7

Sen. Larsen, Dist. 15 Rep. V. Clark, Rock. 17

Sen. Gordon, Dist. 2 Rep. R. Johnson, Rock. 1

Rep. Dwyer, Hills. 43

Senator F. King moved adoption.

May 25, 2000

2000-4709-CofC

08/10

Committee of Conference Report on HB 1579-FN, an act establishing certain penalties for violations of the youth tobacco laws and clarifying a definition under the indoor smoking act.

Recommendation:

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

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

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

Amend RSA 126-K:8, IV as inserted by section 3 of the bill by replacing it with the following:

IV. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, subjobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity or any principal thereof for a period of one year from the date of revocation.

Amend RSA 78:12-d, VII as inserted by section 4 of the bill by replacing it with the following:

VII. Violations of this section shall be civil infractions punishable by administrative action by the commissioner against the licensee. Fines for violations of paragraphs I-V shall be no more than $100 for a first offense and no more than $200 for a second offense. For the third offense, the commissioner shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the license to sell tobacco products shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commissioner shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commissioner shall revoke any license.

The signatures below attest to the authenticity of this Report on HB 1579-FN, an act establishing certain penalties for violations of the youth tobacco laws and clarifying a definition under the indoor smoking act.

Sen. Fraser, Dist. 4 Rep. Hunt, Ches. 10

Sen. Klemm, Dist. 22 Rep. Francoeur, Rock. 22

Sen. Wheeler, Dist. 21 Rep. Kurk, Hills. 5

Rep. Taylor, Straf. 11

Senator Fraser moved adoption.

May 25, 2000

2000-4721-CofC

01/09

Committee of Conference Report on HB 1589, an act prohibiting the use of genetic testing for certain insurance policies.

Recommendation:

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

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

Amend the bill by replacing all after section 5 with the following:

6 Report. The committee shall submit a 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.

7 Policy of State; Privacy of Certain Information.

I. It is the policy of this state to protect the privacy of consumers of financial services institutions and their affiliates, including banks, insurance companies, and securities underwriters and brokerages, without unduly inhibiting the free flow of commerce or legitimate law enforcement activities. The state supports the adoption and implementation of fair information practices for the collection, maintenance, use, and disclosure of personal information by financial services institutions and their affiliates. The state urges all record keepers to adopt and implement reasonable, fair information practices suitable for the types of records that they maintain.

II. It is also the policy of this state that individually identifiable health information, including medical and pharmaceutical data, in the possession of financial services institutions should not be provided to any other person for any purposes other than those that the individual to whom the information relates would reasonably expect.

III. The legislature may determine the methods of implementing these policies.

8 Committee Established. There is established a committee to conduct a study on the need for standards to protect financial services information privacy.

9 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; and

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

II. Staff assistance for the committee shall be provided by the banking and insurance departments.

III. The committee shall solicit information and participation from representatives of affected groups, organizations, and agencies.

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

10 Duties.

I. The committee shall study the need for standards to protect the privacy of customer information in the financial services industry. The financial services industry includes, but is not limited to, banks, insurance companies, credit bureaus, credit grantors, stock brokers, mutual fund companies, and any other institution engaging in activities that are financial in nature, or incidental to such financial activities, as described in the Financial Services Modernization Act of 1999.

II. The study shall consider existing proposals that set standards for the protection of privacy of customer information, including, but not limited to:

(a) The Health Information Privacy Model Act established by the National Association of Insurance Commissioners; and

(b) Recommendations developed by the United States Department of Health and Human Services on Privacy of Medical Information.

11 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.

12 Report. The committee shall make an interim report on its findings together with any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2000 and shall make a final report on or before November 1, 2001.

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

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

Sen. Wheeler, Dist. 21 Rep. Hunt, Ches. 10

Sen. McCarley, Dist. 6 Rep. Francoeur, Rock. 22

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

Rep. Crosby, Merr. 20

2000-4721CofC

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 establishes a committee to study the need for standards to protect the privacy of customer information in the financial services industry.

Senator Wheeler moved adoption.

May 26, 2000

2000-4741-CofC

08/09

Committee of Conference Report on HB 1611, an act recodifying the state’s DWI laws.

Recommendation:

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

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

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

1 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.

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 July 1, 2001.

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

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

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

Sen. Pignatelli, Dist. 13 Rep. Welch, Rock. 18

Sen. Squires, Dist. 12 Rep. Avery, Ches. 8

Rep. Hunt, Ches 10

2000-4741-CofC

AMENDED ANALYSIS

This bill, between its passage and July 1, 2001, 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. As of July 1, 2001, the law in regard to retail selling and requirements for telephone solicitation as provided in RSA 361-B:2-a reverts to the law as of January 1, 2000.

Senator Gordon moved adoption.

May 26, 2000

2000-4738-CofC

04/09

Committee of Conference Report on HB 1617-FN, an act relative to suspension of a driver’s license for sufficient cause.

Recommendation:

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

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

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

1 Original and Youth Operators’ Licenses; Basis for Suspension. RSA 263:14, III is repealed and reenacted to read as follows:

III.(a) The director is authorized to revoke or suspend any original license issued under title XXI after a hearing upon a showing by its records or other sufficient evidence that the driver has committed an offense during the first year following the issuance of an original license or has committed 2 or more offenses during the first 2 years following the issuance of an original license for which the original license holder has been convicted.

(b) The periods of suspension or revocation set forth in subparagraph III (a) of this section shall be as follows:

(1) For a first offense during the first year following the issuance of an original license, 20 days.

(2) For a second offense during the first 2 years following the issuance of an original license, 45 days.

(3) For a third or subsequent offense during the first 2 years following the issuance of an original license, 90 days.

(c) A suspension or revocation imposed under this section shall not run concurrently with any other penalty imposed under the provisions of title XXI.

(d) The director, after hearing, may suspend or revoke an original license or any license held by a person under 20 years of age for good cause upon receipt of proper evidence or information of misconduct, misuse, or abuse of such driving privileges.

(e) Notwithstanding RSA 605:6 or any provision of law to the contrary, any conviction for an offense which is used as a basis for suspension or revocation of an original license under this section and which involves a plea of nolo contendere shall be treated in the same manner as a conviction which involves a guilty plea.

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. The committee shall define the meaning of "misconduct, misuse, or abuse of such driving privileges" as those terms are set forth in RSA 263:14, III(d), as inserted by section 1 of this act. The committee may solicit advice or input from individuals with relevant expertise in such matters to assist them in their task.

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. Four members of the committee shall constitute a quorum.

6 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 senate clerk, the house clerk, the governor, and the state library on or before November 1, 2000.

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

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

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

Sen. Trombly, Dist. 7 Rep. Bartlett, Belk. 6

Sen. Russman, Dist. 19 Rep. Letourneau, Rock. 13

Rep. Turgeon, Hills. 47

2000-4738-CofC

AMENDED ANALYSIS

This bill expands the court’s application of sufficient cause to suspend a driver’s license. The bill also establishes a study committee for the purpose of defining the meaning of the "misconduct, misuse, or abuse of such driving privileges" as those terms are set forth in RSA 263:14, III(d).

Senator Gordon moved adoption.

May 25, 2000

2000-4698-CofC

09/01

Committee of Conference Report on HB 1621-FN, an act allowing administrative home confinement for habitual offenders.

Recommendation:

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

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

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

1 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 guilty of a felony and 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 Habitual Offender; Misdemeanor Penalties. Amend RSA 262:23, III to read as follows:

III. Notwithstanding paragraph I, any person who qualifies under RSA 259:39, who does not have a conviction under RSA 265:82 or any misdemeanor or felony motor vehicle convictions pursuant to RSA title XXI, shall not be subject to the minimum mandatory provisions of paragraph I; provided, however, that any such person shall be guilty of a class A misdemeanor and may be sentenced to one year or less. Any person incarcerated upon the effective date of this paragraph, pursuant to certification as an habitual offender under RSA 259:39, who does not have a conviction under RSA 265:82 or any misdemeanor or felony motor vehicle convictions pursuant to RSA title XXI, may apply immediately to the superior court for sentence review and reduction.

3 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.

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

The signatures below attest to the authenticity of this Report on HB 1621-FN, an act allowing administrative home confinement for habitual offenders.

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

Sen. Trombly, Dist. 7 Rep. Welch, Rock. 18

Sen. Brown, Dist. 17 Rep. Knowles, Straf. 11

Rep. Rodd, Merr. 3

Senator Pignatelli moved adoption.

May 25, 2000

2000-4679-CofC

08/01

Committee of Conference Report on HB 1622-LOCAL, an act eliminating the requirement that a deputy town clerk have his or her domicile within the town.

Recommendation:

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

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

Amend the bill by replacing section 1 with the following:

1 Town Officers; Deputy Town Clerk; Town Domicile Not Required. 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, except that the deputy town clerk need not have his or her domicile in the town, 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.

Amend the bill by replacing all after section 3 with the following:

4 Filling of Vacancies in the Office of Town Clerk. Amend RSA 669:65 to read as follows:

669:65 Town Clerk. Vacancies in the office of town clerk shall be filled by appointment made by the selectmen except in towns in which pursuant to RSA 41:18 the selectmen have previously appointed a deputy town clerk, in which case the deputy shall serve as town clerk until the next annual town election, unless the deputy does not have his or her domicile in the town, in which case the vacancy shall be filled by appointment made by the selectmen.

5 New Section; Filling of Vacancies in the Office of Town Clerk; Towns With Non-domiciled Deputy Town Clerk. Amend RSA 669 by inserting after section 65 the following new section:

669:65-a Towns With Non-domiciled Deputy Town Clerk. Notwithstanding RSA 669:65, in any town with a deputy town clerk who is not domiciled in the town, the selectmen, with consultation of the elected town clerk, if available, shall appoint a qualified town clerk within 30 days of a vacancy in the office of town clerk, or if any election is scheduled within 30 days of the vacancy, the selectmen, with consultation of the elected town clerk, if available, shall appoint a qualified town clerk at least 24 hours before the election.

6 Repeal. RSA 669:65-a, relative to filling of vacancies in the office of town clerk in towns with a non-domiciled deputy town clerk, is repealed.

7 Effective Date.

I. Section 6 of this act shall take effect January 1, 2002.

II. Section 4 of this act shall take effect January 1, 2002 at 12:01 a.m.

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

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

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

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

Sen. Roberge, Dist. 9 Rep. Simon, Hills. 40

Rep. Lockwood, Merr. 9

2000-4679-CofC

AMENDED ANALYSIS

This bill:

I. Eliminates the requirement that a deputy town clerk have his or her domicile within 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.

IV. Provides that, until January 1, 2002, in any town with a non-domiciled deputy town clerk, if a vacancy appears in the office of town clerk, the selectmen , with consultation of the elected town clerk, if available, shall appoint a qualified town clerk within 30 days of the vacancy, or if an election is scheduled within 30 days of the vacancy, the selectmen, with consultation of the elected town clerk, if available, shall appoint a qualified town clerk at least 24 hours before the election.

V. Provides that, as of January 1, 2002, if a vacancy in the office of town clerk occurs in a town with a deputy town clerk who is not domiciled in the town, the vacancy shall be filled by appointment made by the selectmen.

Senator Trombly moved adoption.

May 24, 2000

2000-4655-CofC

01/09

Committee of Conference Report on HB 2000-FN-LOCAL, an act relative to a 10-year transportation plan and establishing a committee to study the transportation plan projects.

Recommendation:

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

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

Amend the bill by inserting after section 10 the following and renumbering the original section 11 to read as 12:

11 Proposed Toll Booth. Amend RSA 237:2, VII to read as follows:

VII. Acquire land as required and make improvements to the central New Hampshire turnpike including, but not limited to, completing the connection to the Merrimack industrial interchange, relocation of Camp Sargent Road, improvements to interchanges 3 through 7 as required, the extension of the system to include an easterly circumferential beltway around Nashua extending from exit 2 and running easterly through the city of Nashua and the towns of Hudson, Litchfield, and Merrimack to an intersection with the existing turnpike, improvements and widening between interchanges 2 and 7, widening between the Route 101 intersection and the Amoskeag interchange in Manchester, and coordinating a study of widening between the I-89 and I-93 interchanges[, and the establishment of a toll station southbound in the vicinity of Nashua and the Massachusetts state line].

The signatures below attest to the authenticity of this Report on HB 2000-FN-LOCAL, an act relative to a 10-year transportation plan and establishing a committee to study the transportation plan projects.

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

Sen. Pignatelli, Dist. 13 Rep. McCarty, Hills. 38

Sen. Below, Dist. 5 Rep. Daigle, Hills. 28

Rep. Alukonis, Hills. 23

Senator Gordon moved adoption.

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

SB 226-FN, relative to the real estate practice act and the powers and duties of the real estate commission.

SB 323, relative to ambulatory surgical facilities in service areas of rural hospitals.

SB 326, relative to the joint health council.

SB 353, relative to sales of insurance by financial institutions.

SB 403-FN-A, making an appropriation to the department of agriculture, markets, and food for the inspection of apiaries and honeybee swarms.

SB 431, relative to certain secondary vocational education programs.

SB 436-FN, relative to permanent revocation of drivers’ licenses for causing a fatality or serious bodily injury while driving intoxicated.

SB 439-FN, relative to motor vehicle offenses resulting in serious bodily injury.

SB 448, establishing a guardians ad litem board.

SB 449, clarifying that employees in certain department of health and human services’ positions are entitled to certain salaries and raises.

SB 470, relative to the administrative authority of the board of trustees for the regional community-technical colleges.

SB 471, relative to authorizing the town of Seabrook to establish a reserve fund for tax stabilization related to the decommissioning of the Seabrook nuclear plant and ratifying article 12 of the 1999 Seabrook annual town meeting.

SB 323, relative to ambulatory surgical facilities in service areas of rural hospitals.

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

SB 226-FN, relative to the real estate practice act and the powers and duties of the real estate commission.

SCR 6, a resolution urging the President and Congress to address the challenge of high prescription medication prices.

SB 132, an act requiring a review of public safety communications requirements regarding the summit of Mount Kearsarge, establishing an advisory committee regarding the review, and placing a moratorium until July 1, 2001 on new leases, use permits, or extensions of lease or permit terms for telecommunication facilities on the summit of Mount Kearsarge.

SB 472, an act relative to final authorization of electric rate reduction financing and commission action.

March 15, 2000

2000-3798-CofC

03/09

Committee of Conference Report on SB 135-FN, an act relative to water supply land protection grants.

Recommendation:

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

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

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

Sen. Russman, Dist. 19 Rep. Royce, Ches. 9

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

Sen. Pignatelli, Dist. 13 Rep. Downing, Rock. 26

Rep. Stone, Rock. 7

Senator Russman moved adoption.

May 24, 2000

2000-4643-CofC

10/09

Committee of Conference Report on SB 226-FN, an act relative to the real estate practice act and the powers and duties of the real estate commission.

Recommendation:

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

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

Amend RSA 331-A:10 as inserted by section 4 of the bill by replacing it with the following:

331-A:10 Qualifications For Licensure. The executive director shall issue a license to any applicant who:

I. Has attained the age of [majority] 18, if a salesperson applicant.

II. Has successfully completed an examination administered or approved by the commission which demonstrates satisfactory knowledge and understanding of the principles of real estate practice. The executive director shall only accept for registration to take the examination for a broker's license, an applicant who shows proof of completion of 60 hours of approved study and who:

(a) Has been employed full time by an active broker for at least one year; or

(b) Has at least 2,000 part-time hours as a licensed salesperson in this state; or

(c) Proves to the commission that the applicant has experience equivalent to the experience required by subparagraph (a) or (b).

III. Demonstrates no record of unprofessional conduct.

IV. Furnishes any evidence required by the commission relative to good reputation for honesty, trustworthiness and integrity.

V. For [an individual] a broker [license including] acting as a principal broker or a managing broker, but excluding associate brokers or a corporation, partnership, limited liability company, or association, files a surety bond with the commission which shall be held in accordance with RSA [331-A:13] 331-A:14.

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

Sen. Cohen, Dist. 24 Rep. Goulet, Hills. 15

Sen. Larsen, Dist. 15 Rep. Stickney, Rock. 26

Sen. Francoeur, Dist. 14 Rep. Millham, Belk. 4

Rep. Murphy, Hills. 42

Senator Cohen moved to adoption.

May 26, 2000

2000-4735-CofC

01/09

Committee of Conference Report on SB 323, an act relative to ambulatory surgical facilities in service areas of rural hospitals.

Recommendation:

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

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

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

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

1 Threshold; Acute Care Facilities. Amend RSA 151-C:5, II(a) to read as follows:

(a) The construction, development, expansion, or alteration of any acute care facility requiring a capital expenditure of more than [$1,500,000] $1,759,512. The board shall, by rule, adjust the capital expenditure threshold annually using an appropriate inflation index.

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] $1,173,000. 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 hospital with fewer than 70 general hospital beds licensed by the department of health and human services shall be $500,000, which threshold shall be adjusted annually using an appropriate inflation index, unless there is an objection by such hospital, in which case the application shall be subject to review regardless of value. The board shall determine by rule the service areas of such hospitals.

3 New Section; Task Force; Amend RSA 151-C by inserting after section 15 the following new section:

151-C:16 Task Force Established; Membership.

I. There is established the task force on the certificate of need statute, RSA 151-C. The task force shall be composed of the following members:

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

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

(c) The commissioner of the department of health and human services, or designee.

(d) A representative of the New Hampshire Medical Society, appointed by such association.

(e) A representative of the New Hampshire Hospital Association, appointed by such association.

(f) A representative of the New Hampshire Ambulatory Surgery Association, appointed by such association.

(g) The executive director of the New Hampshire Health Care Association, or designee.

(h) The commissioner of insurance, or designee.

(i) The attorney general, or designee.

(j) A representative of the governor’s office.

(k) A representative of the health services planning and review board, appointed by the chairperson of the board.

(l) Two consumers, appointed by the governor.

(m) An economist knowledgeable in issues of health care, appointed by the governor.

(n) A representative of the New Hampshire Nurses Association, appointed by the association.

(o) The president of the New Hampshire Residential Care Association, or designee.

(p) The chairperson of the Rural Health Coalition, or designee.

(q) The chairperson of the Community Hospital Coalition, or designee.

II. The term of office for task force members shall be coterminous with the member’s term of office in his or her respective agency or organization. A chairperson shall be elected from the membership of the task force. Vacancies in task force membership shall be filled as soon as practicable by the respective agency or organization creating the vacancy. The first-named senate member shall call the first meeting within 30 days of the effective date of this section.

III. The task force members listed in subparagraphs I(c)-(q) may employ the assistance of additional members of their respective agency or organization as necessary to assist with a task or project undertaken by the task force.

IV. The task force members may elicit input or recommendations from other groups or organizations as necessary.

V. The task force shall investigate issues relating to the operation of the certificate of need statute, RSA 151-C, including, but not limited to, how the regulatory structure affects:

(a) The cost of health care services;

(b) The availability of and access to health care services;

(c) Competition and collaboration among health care providers;

(d) The provision of new health care services;

(e) The allocation of health care resources in the state; and

(f) The quality of health care.

VI. The task force shall cooperate and collaborate with other state or private agencies as may be necessary to address these issues, and shall consider input and recommendations from such state or private agencies on an ongoing basis.

VII. The task force shall conduct public hearings as may be necessary on matters pertaining to the certificate of need statute, RSA 151-C. Such hearings may be conducted in any part of the state as circumstances require.

VIII. Members of the task force shall serve without compensation, except that the legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

IX. The task force shall submit a detailed report of its findings, actions taken, and recommendations to the president of the senate, the speaker of the house of representatives, and the governor on or before January 1, 2001 and each January 1 thereafter.

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

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

Sen. Squires, Dist. 12 Rep. Emerton, Hills. 7

Sen. McCarley, Dist. 6 Rep. Wendelboe, Belk. 2

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

Rep. Donovan, Sull. 11

2000-4735-CofC

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 certain hospitals.

This bill changes the threshold level for certain other new institutional health services.

This bill also establishes a task force to address certain issues regarding RSA 151-C.

Senator Squires moved adoption.

May 26, 2000

2000-4734-CofC

08/04

Committee of Conference Report on SB 326, an act relative to the joint health council.

Recommendation:

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

The signatures below attest to the authenticity of this Report on SB 326, an act relative to the joint health council.

Sen. Squires, Dist. 12 Rep. Goulet, Hills. 15

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

Sen. Krueger, Dist. 16 Rep. Holley, Hills. 28

Rep. Murphy, Hills. 42

Senator Squires moved adoption.

May 25, 2000

2000-4704-CofC

09/10

Committee of Conference Report on SB 353, an act relative to sales of insurance by financial institutions.

Recommendation:

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

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

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

Amend the bill by inserting after section 11 the following and renumbering the original sections 12-13 to read as 13-14, respectively:

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].

The signatures below attest to the authenticity of this Report on SB 353, an act relative to sales of insurance by financial institutions.

Sen. Fraser, Dist. 4 Rep. Hunt, Ches. 10

Sen. McCarley, Dist. 6 Rep. Francoeur, Rock. 22

Sen. Wheeler, Dist. 21 Rep. Kurk, Hills. 5

Rep. Taylor, Straf. 11

Senator Fraser moved adoption.

May 25, 2000

2000-4693-CofC

08/01

Committee of Conference Report on SB 403-FN-A, an act making an appropriation to the department of agriculture, markets, and food for the inspection of apiaries and honeybee swarms.

Recommendation:

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

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

Amend the bill by replacing section 1 with the following:

1 Appropriation; Department of Agriculture, Markets, and Food; Inspection of Apiaries and Honeybee Swarms. The sum of $6,000 is appropriated to the department of agriculture, markets, and food for the fiscal year ending June 30, 2001, and each year thereafter, for the purpose of inspection of apiaries and honeybee swarms. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

The signatures below attest to the authenticity of this Report on SB 403-FN-A, an act making an appropriation to the department of agriculture, markets, and food for the inspection of apiaries and honeybee swarms.

Sen. Disnard, Dist. 8 Rep. Scanlan, Graf 11

Sen. Russman, Dist. 19 Rep. L. Pratt, Coos 4

Sen. Below, Dist. 5 Rep. Babson, Carr. 5

Rep. Phinizy, Sull. 7

2000-4693-CofC

AMENDED ANALYSIS

This bill appropriates funds to the department of agriculture, markets, and food for the purpose of inspection of apiaries and honeybee swarms, for the fiscal year ending June 30, 2001 and each year thereafter.

Senator Disnard moved adoption.

May 25, 2000

2000-4688-CofC

04/09

Committee of Conference Report on SB 431, an act relative to certain secondary vocational education programs.

Recommendation:

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

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

Amend RSA 188-E:13 as inserted by section 1 of the bill by replacing it with the following:

188-E:13 Legislative Membership on Youth Council. The following legislative members shall be appointed to the youth council which has been established as a subgroup within the workforce opportunity council formed by the governor pursuant to the Workforce Investment Act of 1998:

I. Two members of the house of representatives, one of whom shall serve as an alternate, appointed by the governor.

II. Two members of the senate, one of whom shall serve as an alternate, appointed by the governor.

Amend the bill by replacing section 2 with the following:

2 Membership on Workforce Investment Board.

I. Any vacancies occurring on the Workforce Investment Board established under 29 U.S.C. sec 2832 after the effective date of this act shall be filled so as to ensure that Board shall include not less than 2 residents, each of whom shall represent a different county commission district from each county in the state, provided that no state agency official who is nominated and appointed by the governor shall be eligible to serve on the Board under the provisions of this paragraph.

II. To the extent consistent with federal law, in cases where the governor has authority to nominate or appoint members to a local workforce investment board, such nominations or appointments shall be made by the governor.

The signatures below attest to the authenticity of this Report on SB 431, an act relative to certain secondary vocational education programs.

Sen. Larsen, Dist. 15 Rep. Daniels, Hills. 13

Sen. McCarley, Dist. 6 Rep. Ward, Graf. 1

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

Rep. Guest, Graf. 10

Senator Larsen moved adoption.

May 25, 2000

2000-4707-CofC

09/01

Committee of Conference Report on SB 436-FN, an act relative to permanent revocation of drivers’ licenses for causing a fatality or serious bodily injury while driving intoxicated.

Recommendation:

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

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

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

1 New Paragraph; Manslaughter; License Revocation in Certain Cases. Amend RSA 630:2 by inserting after paragraph II the following new paragraph:

III. In addition to any other penalty imposed, if the death of another person resulted from the driving of a motor vehicle, the court may revoke the license or driving privilege of the convicted person indefinitely.

2 Negligent Homicide; License Revocation Period. Amend RSA 630:3, III to read as follows:

III. In addition to any other penalty imposed, if the death of another person resulted from the negligent driving of a motor vehicle, the court may revoke the license or driving privilege of the convicted person for up to 7 years. In cases where the person is convicted under paragraph II, the court shall revoke the license or driving privilege of the convicted person indefinitely and the person shall not petition for eligibility to reapply for a driver’s license for at least 7 years. In a case in which alcohol was involved, the court may also require that the convicted person shall not have a license to drive reinstated until after the division of motor vehicles receives certification of installation of an ignition interlock device which shall remain in place for a period not to exceed 5 years.

3 New Paragraph; Impaired Driver Intervention Programs; Authorized Programs for Restoration of Privileges. Amend RSA 172-B:2-a by inserting after paragraph I the following new paragraph:

I-a. Notwithstanding any other law to the contrary, the impaired driver intervention programs operated by the department of corrections shall be deemed approved programs for purposes of the attendance required at such programs for restoration of driver’s licenses or driving privileges under RSA 263:65-a.

4 New Subparagraph; Authorized Impaired Driver Intervention Programs. Amend  RSA 263:65-a, I by inserting after subparagraph (b) the following new subparagraph:

(c) Operated by the department of corrections and approved pursuant to RSA 172-B:2-a, I-a.

5 Department of Corrections' Impaired Driver Intervention Programs. Amend RSA 263:65-a, III to read as follows:

III. Successful completion shall also include payment of all assessed I.D.I.P., M.O.P., and equivalent program fees, except in the case of attendance at programs operated by the department of corrections. Failure of the offender to make full payment of the assessed fee may also result in petition for contempt of court charges against the offender.

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

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

Sen. Trombly, Dist. 7 Rep. Christie, Rock. 22

Sen. Brown, Dist. 17 Rep. Welch, Rock. 18

Sen. Pignatelli, Dist. 13 Rep. Tholl, Coos 5

Rep. Knowles, Straf. 11

2000-4707-CofC

AMENDED ANALYSIS

This bill provides for revocation of drivers’ licenses for causing a fatality and authorizes certain impaired driver intervention programs for restoration of driving privileges.

Senator Trombly moved adoption.

May 25, 2000

2000-4710-CofC

08/10

Committee of Conference Report on SB 439-FN, an act relative to motor vehicle offenses resulting in serious bodily injury.

Recommendation:

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

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

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

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

Sen. Trombly, Dist. 7 Rep. Welch, Rock. 18

Sen. Pignatelli, Dist. 13 Rep. Knowles, Straf. 11

Rep. Packard, Rock. 29

Senator Gordon moved adoption.

May 25, 2000

2000-4671-CofC

04/10

Committee of Conference Report on SB 448, an act establishing a guardians ad litem board.

Recommendation:

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

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

Amend RSA 463:35, I as inserted by section 1 of the bill by replacing it with the following:

I.(a) The terms of the executive director of the judicial council, the member representing the New Hampshire supreme court, and the member representing the child protection agency shall be for 5 years and until a successor is appointed. The terms of the members appointed under RSA 463:34, I (e) and (f) shall be for 3 years. Vacancies in board membership shall be filled in the same manner as the original appointment.

(b) All initial appointments to the board shall be made within 60 days of the effective date of this section.

Amend RSA 463:38 as inserted by section 1 of the bill by replacing it with the following:

463:38 Administrative Attachment. The board shall be administratively attached to the department of administrative services.

Amend the bill by replacing sections 3 and 4 with the following:

3 Administrative Services; Office of the Commissioner; Guardian ad Litem Board Startup. Amend 1999, 159:1 by inserting the following new PAU:

FY 2000 FY 2001

01 General Government

04 Dept Administrative Services

01 Office of the Commissioner

01 Commissioner-Administration

91 Guardian ad litem board startup F* 10,000 10,000

* Expenditures may include, but are not limited to, equipment and part-time personnel services.

4 Administrative Services; Office of the Commissioner; Totals Adjusted. Amend 1999, 159:1.01, 04, 01, 01 as follows:

FY 2000 FY 2001

Strike out:

Total 172,005 181,315

Estimated source of funds

for commissioner-administration

General fund 172,005 181,315

Total 172,005 181,315

Insert in place thereof:

Total 182,005 191,315

Estimated source of funds

for commissioner-administration

General fund 182,005 191,315

Total 182,005 191,315

The signatures below attest to the authenticity of this Report on SB 448, an act establishing a guardians ad litem board.

Sen. Pignatelli, Dist. 13 Rep. Bickford, Straf. 1

Sen. Gordon, Dist. 2 Rep. Martel, Hills. 45

Sen. Trombly, Dist. 7 Rep. Moran, Hills. 15

Rep. Almy, Graf. 14

2000-4671-CofC

AMENDED ANALYSIS

This bill establishes a guardian ad litem board responsible for the training, licensing, discipline, and other activities of guardians ad litem in New Hampshire and also provides that the board shall be administratively attached to the department of administrative services. The bill also provides $10,000 in startup costs to the board.

Senator Pignatelli moved adoption.

May 25, 2000

2000-4713-CofC

09/01

Committee of Conference Report on SB 449-FN, an act clarifying that employees in certain department of health and human services’ positions are entitled to certain salaries and raises.

Recommendation:

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

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

Amend the bill by inserting after section 4 the following and renumbering the original section 5 to read as 8:

5 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

6 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

7 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

The signatures below attest to the authenticity of this Report on SB 449-FN, an act clarifying that employees in certain department of health and human services’ positions are entitled to certain salaries and raises.

Sen. Squires, Dist. 12 Rep. Kurk, Hills. 5

Sen. Below, Dist. 5 Rep. Clegg, Hills. 23

Sen. Larsen, Dist. 15 Rep. Thulander, Hills. 6

Rep. Knowles, Straf. 11

2000-4713-CofC

AMENDED ANALYSIS

This bill clarifies that employees in certain department of health and human services’ positions are entitled to certain salaries and raises.

The bill increases appropriations to the house and senate for consultants’ fees and provides that funds appropriated to the legislative branch for fiscal year 2000 shall not lapse until June 30, 2001.

The bill also appropriates funds to the legislative budget assistant and the department of revenue administration for tax modeling.

Senator Squires moved adoption.

May 25, 2000

2000-4700-CofC

03/10

Committee of Conference Report on SB 470, an act relative to the administrative authority of the board of trustees for the regional community-technical colleges.

Recommendation:

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

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

The signatures below attest to the authenticity of this Report on SB 470, an act relative to the administrative authority of the board of trustees for the regional community-technical colleges

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

Sen. D’Allesandro, Dist. 20 Rep. Henderson, Rock. 20

Sen. Johnson, Dist. 3 Rep. Larrabee, Merr. 9

Rep. J. White, Hills. 46

Senator McCarley moved adoption.

May 24, 2000

2000-4642-CofC

10/09

Committee of Conference Report on SB 471, an act relative to authorizing the town of Seabrook to establish a reserve fund for tax stabilization related to the decommissioning of the Seabrook nuclear power plant and ratifying article 12 of the 1999 Seabrook annual town meeting.

Recommendation:

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

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

Amend the bill by inserting after section 5 the following and renumbering the original section 6 to read as 7:

6 Ratification of the March 14, 2000 Salisbury Annual Town Meeting. All acts, votes, notices, and proceedings related to the "Modifying Elderly Exemption" article of the Salisbury annual town meeting held on March 14, 2000, and the related public hearing, and notice thereof, held on February 28, 2000, are hereby legalized, ratified, and confirmed.

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

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

Sen. Cohen, Dist. 24 Rep. Griffin, Rock. 27

Sen. Fraser, Dist. 4 Rep. Leone, Sull. 2

Rep. Simon, Hills. 40

2000-4642-CofC

AMENDED ANALYSIS

This bill:

I. Authorizes the town of Seabrook to establish a nonlapsing special reserve fund for tax stabilization related to the decommissioning of the Seabrook nuclear plant.

II. Ratifies the acts, votes, notices, and proceedings of an article of the Newfields school district meeting held March 6, 2000, the Milan annual town meeting held March 12, 2000, and an article of the Salisbury annual town meeting held March 14, 2000.

III. Makes a change to the Hampton Beach village district charter relative to a village district property tax exemption.

Senator Trombly moved adoption.

May 26, 2000

2000-4751-CofC

08/09

Committee of Conference Report on SB 472, an act relative to final authorization of electric rate reduction financing and commission action.

Recommendation:

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

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

Amend RSA 362-A:4-d as inserted by section 1 of the bill by replacing it with the following:

362-A:4-d Retention of Savings by Electric Utility. An electric utility that is party to an approved renegotiation of a commission order under RSA 362-A:4-c shall be entitled to retain up to 20 percent of the savings resulting from such renegotiation, subject to order of the commission.

Amend RSA 369-B:1-4 as inserted by section 2 of the bill by replacing them with the following:

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

I. The restructuring of electric utilities to allow retail electric competition and less costly regulation is in the public interest. New Hampshire is implementing such restructuring to create retail customer choice, which will provide retail electric service at lower costs.

II. The divestiture of electric generation by New Hampshire electric utilities will facilitate the competitive market in generation service. Further, the proceeds of generation divestitures may decrease rates for the customers of transmission and distribution utilities.

III. The establishment of structured financing options for electric utilities will facilitate reductions in transmission and distribution rates for all customer classes, thereby advancing the near term rate relief principle of RSA 374-F:3, XI, without creating any debt or financial obligation of the state or other adverse impacts upon the state's finances or credit rating.

IV. The state agrees that its pledge, contract, and agreement and the pledge of the commission not to impair the rights or remedies of holders of rate reduction bonds creates a secure expectation of repayment on the part of such holders.

V. Pursuant to 1999, 289:3, I, the commission has held hearings regarding the original proposed settlement to restructure the Public Service Company of New Hampshire (PSNH) and has issued its April 19 order, accepting the original proposed settlement as being in the public interest and consistent with New Hampshire law, and as a final resolution of the dockets listed therein, subject to the conditions listed in the April 19 order.

VI. Pursuant to 1999, 289:3, I, the commission has held hearings with respect to the securitization proposal contained in the original proposed settlement and has found that implementation of that securitization proposal, subject to the conditions listed in the April 19 order, will result in benefits to customers that are substantially consistent with the principles contained in RSA 374-F:3 and RSA 369-A:1, X and with RSA 369-A:1, XI.

VII. Implementation of that securitization proposal, subject to the conditions listed in the April 19 order, and as further modified in this chapter, will result in benefits to customers that are

substantially consistent with the principles contained in RSA 374-F:3 and RSA 369-A:1, X and with

RSA 369-A:1, XI.

VIII. Implementation of securitization to achieve the purposes of this chapter requires enactment of further enabling legislation by the general court, and it is in the public interest to pass such further enabling legislation in the form of this chapter.

IX. Approval by the commission of a finance order for PSNH that is consistent with the April 19 order, with subsequent modifications, and subject to the conditions and requirements of this chapter, that is consistent with the conditions of RSA 369-B:3, IV(b), and that is otherwise substantially consistent with RSA 374-F:3, RSA 369-A:1 and RSA 369-B:1 is in the public interest.

X. The differences among rate classes in the amount of the stranded cost recovery charge in the April 19 order are in the public interest. When these differences are combined with the differences in the delivery service charge among rate classes, and with the differences in the likely market price of energy among rate classes, the overall total rate reduction is likely to be very close to an equal percentage for all rate classes, which is consistent with the benefits for all customers principle of RSA 374-F:3, VI. However, it is also in the public interest that any further adjustments to charges between the estimated amounts in the April 19 order and 24 months after competition day be applied equally in cents per kilowatt-hour for all rate classes to which they apply.

XI. The renegotiation of the power purchase obligations requiring PSNH to purchase power from the 6 wood-to-energy facilities and the one trash-to-energy facility is in the public interest in order to reduce the total cost to ratepayers of these obligations, and the sharing of the benefits among ratepayers and all of the parties involved in the renegotiations is in the public interest.

XII. It is in the public interest in the event that the price of transition service during the period that transition service is provided by PSNH exceeds PSNH's actual, prudent and reasonable costs of providing such power so as to create a credit to customers that must be reconciled, that the allocation of this credit between a reduction of the stranded cost recovery charge and a reduction of the duration of stranded cost recovery be made by the commission in a manner that it finds to be in the public interest.

XIII. The commission should design low income programs in a manner that targets assistance and has high operating efficiency, so as to maximize the benefits that go to the intended beneficiaries of the low income program.

XIV. The general court requests that the supreme court and any other courts asked to rule on any matters pertaining to the subject matter of this chapter act as expeditiously as possible. Time is of the essence.

XV. The effect of the stranded cost recovery charge contained in the back-up Delivery Service Rate B tariff as filed by PSNH with its original proposed settlement is just and reasonable, and does not create a charge similar to or have the same effect as an exit fee; provided that not later than 33 months after competition day, the commission shall initiate a rate case on transmission and distribution or delivery services, and this rate case shall establish a back-up charge that is just and reasonable and based on the cost of providing such back-up services, including all applicable stranded cost recovery charges, RRB charges, system benefits charges, and taxes, and retrospectively take effect immediately after 33 months after competition day.

369-B:2 Definitions. In this chapter:

I. "April 19 order" means commission Order No. 23,443 in Docket DE 99-099 as it was issued on April 19, 2000, excluding any subsequent amendments.

II. "Commission" means the public utilities commission established in RSA 363, as it may be constituted from time to time, and any successor agency exercising functions similar in purpose to such commission.

III. "Competition day" means competition day as defined in the original proposed settlement, as adjusted by subsequent modifications.

IV. "Electric utility" means a public utility as defined in RSA 362:2 that provides retail electric service.

V. "Finance order" means an order of the commission adopted prior to or following the effective date of this chapter pursuant to 1999, 289:3, I, pursuant to this chapter, or pursuant to both 1999, 289:3, I and this chapter.

VI. "Financing entity" means any special purpose trust, limited liability company, non-profit corporation, or other entity that is authorized in accordance with the terms of a finance order to issue rate reduction bonds, acquire RRB property, or both on behalf of the electric utility, or any combination of such entities.

VII. "Initial transition service end day" means 9 months after competition day.

VIII. "Original proposed settlement" means the "Public Service Company of New Hampshire Restructuring Settlement Agreement" filed with the commission on August 2, 1999.

IX. "PSNH" means Public Service Company of New Hampshire.

X. "Rate reduction bonds" ("RRB") means bonds, notes, certificates of participation or beneficial interest, or other evidences of indebtedness or ownership, issued pursuant to an executed indenture or other agreement of a financing entity, in accordance with this chapter, 1999, 289:3, I and II, and RSA 369-A, the proceeds of which are used, directly or indirectly, to provide, recover, finance, or refinance RRB costs, and which, directly or indirectly, are secured by, evidence ownership interests in, or are payable from, RRB property.

XI. "Retail customer" means any person or entity purchasing directly or otherwise obtaining or being supplied directly with retail electric service for end use consumption, including those served under special contracts.

XII. "Retail electric service" means the delivery of electric power through the provision of transmission and/or distribution service by an electric utility to a retail customer, regardless of such retail customer's source of electric power, and shall include any back-up, maintenance, emergency, and other delivery service provided to a retail customer by an electric utility.

XIII. "RRB charge" means those retail electric service rates that are authorized by the commission in a finance order to recover those RRB costs that are eligible to be funded with the proceeds of rate reduction bonds pursuant to this chapter and the costs of providing, recovering, financing, or refinancing such RRB costs through a plan approved by the commission in the finance order, including the costs of issuing, servicing, and retiring rate reduction bonds. The RRB charge authorized by the commission may vary by cost of service, by customer class, and between special contract customers. All RRB charges shall be assessed on a per kilowatt-hour basis, and shall be non-bypassable as provided in RSA 369-B:4, IV.

XIV. "RRB costs" means expenditures which are incurred by an electric utility or which an electric utility is obligated to incur either prior to or subsequent to the effective date of this chapter, and costs approved by the commission to mitigate such expenditures, as shall be designated in a finance order approved by the commission and which may include but are not limited to:

(a) Expenditures incurred in respect of generation assets, entitlements, and acquisition premiums.

(b) Expenditures incurred in respect to the buyout, buydown, restructuring or renegotiation of power purchase obligations.

(c) Expenditures incurred in respect to regulatory assets.

(d) Expenditures incurred to refinance or retire existing debt or existing equity capital of the electric utility and any costs related thereto.

(e) Amounts necessary to recover federal or state taxes actually paid by an electric utility, which tax liability recovery is modified by the transactions approved in a finance order issued by the commission pursuant to this chapter.

(f) Reasonable costs, as approved by the commission, relating to the issue, servicing, or refinancing of rate reduction bonds under the provisions of this chapter, including, without limitation, principal and interest payments and accruals, sinking fund payments, debt service and other reserves, costs of credit enhancement, indemnities, if any, owed to the state or the trustee for the rate reduction bonds, issuance costs and redemption premiums, if any, and all other reasonable fees, costs, and charges in respect of rate reduction bonds.

XV. "RRB property" means the irrevocable vested property right created pursuant to this chapter and one or more finance orders, including, without limitation, the right, title, and interest of an electric utility or a financing entity in and to all revenues, collections, claims, payments, money, or proceeds of or arising from the RRB charge authorized to be imposed and collected pursuant to such finance orders to recover RRB costs and the costs of paying, financing, reimbursing, or refinancing the RRB costs, including the reasonable costs of issuing, servicing, and retiring rate reduction bonds, and in and to all rights to obtain adjustments to such RRB charge pursuant to the terms of RSA 369-B:4, III and the finance order, all as determined by the commission in its approval of such finance orders. "RRB property" shall constitute a current and irrevocable vested property right, notwithstanding the fact that the value of such property right may depend upon electricity usage or the performance of certain services.

XVI. "Security interest" means a security interest as defined in RSA 382-A:1-201(37).

XVII. "Service territory" means, with respect to any electric utility, the geographic area established by the commission as the retail electric service territory of such electric utility, as such territory is depicted on the "Electric Utilities Franchise Areas" map issued by the commission, dated July 1, 1993, together with any other geographic area in which such electric utility actually provided retail electric service on such date.

369-B:3 Authority to Issue Finance Orders to Finance RRB Costs.

I. The commission is authorized, upon the petition of an electric utility and after a hearing, to issue one or more finance orders pursuant to which rate reduction bonds shall be issued, if the commission finds that the issuance of such finance order or finance orders is in the public interest as set forth in RSA 369-B:1, IX. Any finance order adopted pursuant to 1999, 289:3, I and II prior to the effective date of this chapter shall, following the effective date of this chapter, be deemed to be authorized by this chapter, provided the commission has made the required finding pursuant to RSA 369-B:3, IV(b).

II. Notwithstanding any law, rule, or regulation to the contrary, except as otherwise provided in RSA 369-B:4, III with respect to RRB property, the finance orders and the RRB charge authorized to be imposed and collected pursuant to such finance orders shall be irrevocable, and the commission shall not have authority either by rescinding, altering, or amending the finance order or otherwise, to directly or indirectly, revalue or revise for ratemaking purposes the RRB costs, or the costs of providing, recovering, financing, or refinancing the RRB costs, determine that such RRB charge is unjust or unreasonable, or in any way reduce or impair the value of RRB property either directly or indirectly by taking such RRB charge (other than any portion of such RRB charge constituting a servicing fee payable to the electric utility) into account when setting other rates for the electric utility; nor shall the amount of revenues arising with respect thereto be subject to reduction, impairment, postponement, or termination.

III. Notwithstanding any law, rule, or regulation to the contrary, any requirement under this chapter, under 1999, 289:3, I and II, under RSA 369-A, or under a finance order that the commission take action with respect to the subject matter of a finance order shall be binding upon the commission, and the commission shall have no authority to rescind, alter, or amend that requirement.

IV. The commission shall only issue finance orders that:

(a) Authorize the issuance of an aggregate principal amount of not more than $130,000,000 in rate reduction bonds to finance renegotiated agreements of the existing power purchase obligations requiring PSNH to purchase power from the 6 wood-to-energy facilities and the one trash-to-energy facility; and/or

(b) Authorize the issuance of an aggregate principal amount of not more than $670,000,000, minus $6,000,000 for each month from October 1, 2000 to competition day, in rate reduction bonds. This authorization is in addition to any amount authorized in subparagraph (a). This issuance must be part of a settlement approved by the commission under RSA 374-F to implement electric utility restructuring within the service territory of PSNH. As part of any finance order under this subparagraph (b), the commission must find that the rate reduction bonds authorized by the finance order are consistent with the April 19 order, with any subsequent modifications. Any finance order that is issued under this subparagraph (b) shall also contain a statement of the following conditions, and a finding of the commission that the finance order is consistent with the following conditions:

(1)(A) From competition day until initial transition service end day, PSNH shall supply transition service and default service in its retail electric service territory. After initial transition service end day, any provider or providers of transition service shall have been chosen through a competitive bid process, administered by the commission, to provide such service. The commission may, if it finds it to be in the public interest, divide the competitive bid process into multiple categories or multiple competitive bids;

(B)(i) Transition service for residential customers, street lighting customers, and general delivery service rate G customers shall be available until 24 months after initial transition service end day. From competition day until initial transition service end day, the price of transition service for these customers shall be $0.044 per kilowatt-hour. From initial transition service end day to 12 months after initial transition service end day, the price of transition service for these customers shall be $0.044 per kilowatt-hour, or the competitively bid price for transition service, whichever is less. From 12 months after initial transition service end day to 24 months after initial transition service end day, the price of transition service for these customers shall be $0.046 per kilowatt-hour, or the competitively bid price for transition service for these customers, whichever is less. If the competitively bid price exceeds these fixed prices, the differences shall be reconciled for these customers in the manner prescribed in the original proposed settlement;

(ii) At the end of the transition service period, up to 25 percent of the residential customers, street lighting customers, and general delivery service rate G customers who have not chosen a competitive supplier may be assigned randomly to registered competitive suppliers other than the transition service supplier or suppliers, if the commission finds such random assignment to be in the public interest. The commission shall develop procedures and regulations for this assignment process. Any random assignment must be affirmatively approved by an individual customer;

(C) Transition service for all other customers shall be available until 12 months after initial transition service end day. From competition day to initial transition service end day, the price of transition service for these customers shall be $0.044 per kilowatt-hour. From initial transition service end day to 12 months after initial transition service end day, the price of transition service for these customers shall be the competitively bid price for transition service;

(D) Any difference between the price of transition service from competition day to initial transition service end day and PSNH's actual, prudent and reasonable costs of providing such power shall first be separated between the 2 groups of customers described in subparagraphs (b)(1)(B) and (b)(1)(C), used first to offset any differences described in subparagraph (b)(1)(B), and the net then reconciled for each group of customers either by changing the recovery end date, or by decreasing the stranded cost recovery charge, as the commission finds to be in the public interest;

(E) The commission shall retain the authority to reject any or all bids for transition service at its sole discretion if it finds such action to be in the public interest. Except as specifically provided in this section, the commission shall not accept any bid or implement any pricing strategy for transition service that creates any deferrals;

(F) The selection of a provider or providers of default service prior to 24 months after initial transition service end day may be combined with the selection of a provider or providers of transition service to the extent that the commission finds it to be in the public interest;

(2) No amount shall be securitized which was not listed as part of the $688,000,000 proposed for securitization in the April 19 order, as reduced by any subsequent amortization;

(3) Customer savings shall be not less than the total amount of $450,000,000, excluding savings from rate reduction financing and merger savings, including the $367,000,000 contained in the original proposed settlement, and the $6,200,000 resulting from the settlement of issues pertaining to New Hampshire Electric Cooperative, Inc. A commitment by PSNH to all of the following actions shall be deemed to satisfy this condition:

(A) PSNH shall credit customers with the higher return associated with accumulated deferred income taxes (ADITs) as proposed in PSNH’s May 1, 2000 filing;

(B) PSNH shall credit customers with the value derived from using its own assets to provide transition service for a period of 9 months;

(C) PSNH shall extend from 30 months to 33 months the period during which the delivery service charge, exclusive of Hydro Quebec transmission support payments, is fixed at 2.8 cents per kilowatt-hour;

(D) PSNH shall absorb the first $7,000,000 of difference of costs that results in the event that transition service costs during the 12 months following the initial transition service end day exceed the transition service price for that 12 months, as provided in RSA 369-B:3,IV(b)(1)(B)(i);

(E) PSNH shall reduce the maximum amount of necessary and prudent costs associated with the issuance of and closing on the securitization financing and any premiums associated with the retirement of debt and preferred stock from these proceeds that may be recovered from $17,000,000 to $15,000,000. PSNH shall include in its costs the first $700,000 of the costs of the office of the state treasurer related to reviewing and issuing the rate reduction bonds;

(F) PSNH agrees to move the Recovery End Date (RED date) to 1 month earlier than it would otherwise be; and

(G) PSNH agrees that if competition day has not occurred by October 1, 2000, then effective October 1, 2000 PSNH shall temporarily reduce its current effective total rates (base rates plus FPPAC rates) by 5 percent across the board until either competition day or April 1, 2001, whichever occurs earlier.

(4) In the event that PSNH or its parent company is acquired or otherwise sold or merged:

(A) Such merger, acquisition, or sale shall be subject to the jurisdiction of the commission under RSA 369, RSA 374, RSA 378 or other relevant provisions of law, and the merger, acquisition, or sale shall be approved only if it is shown to be in the public interest;

(B) In recognition of the extraordinary benefits provided to PSNH from rate reduction financing, should PSNH or its parent company be acquired or otherwise sold or merged, such merger, acquisition or sale shall be subject to the jurisdiction of the commission under the standard set forth in the original proposed settlement. The commission may approve such a merger if such approval results in the receipt by PSNH customers of a just and reasonable amount of the cost savings that result from such merger, acquisition or sale.

(C) No acquisition premium paid by an acquiring company for the assets or securities of any acquired company, resulting from any such merger, acquisition or sale, may in any way increase rates at any time from what they would have been without the acquisition premium;

(5) The delivery service charge, exclusive of the Hydro Quebec Transmission support payments, shall be fixed for a period of 33 months from competition day at $0.028 per kilowatt-hour;

(6) The total system benefits charge shall be fixed at $0.002 per kilowatt-hour for 33 months from competition day divided between low-income assistance and energy efficiency/conservation programs. In the event that the commission finds that a significant amount of unencumbered dollars have accumulated in either program, and are not needed for program purposes, the commission shall refund such unencumbered dollars to ratepayers in a timely manner;

(7) All currently existing opportunities shall be continued for retail customers to generate or acquire electricity for their own use, other than through retail electric service, without an exit fee;

(8) To the maximum extent allowed by federal law, non-discriminatory, open access to PSNH's transmission system shall be available to customers, electricity suppliers, marketers, aggregators, and municipal electric utilities, with charges based only on rates set by federal regulations, plus the actual cost of service for any services not subject to federal price regulation plus, for retail customers, applicable stranded cost recovery charges, RRB charges, systems benefit charges, and taxes;

(9) The stranded cost recovery charge, averaged over all customers, shall not exceed $0.0340 per kilowatt-hour. Any changes in the delivery service charge, stranded cost recovery charge, transition service charge, systems benefit charge, or any other charge between the estimated amounts in the April 19 order and 24 months after competition day shall be applied as an equal change in the cost per kilowatt-hour for all rate classes to which they apply;

(10) The commission shall not order changes in the total rates of customers taking service under special contracts approved pursuant to RSA 378:18 for the duration of those special contracts in effect as of May 1, 2000. Special contract customers selecting option 2 of the original proposed settlement shall have the energy charges under the contract reduced by the initial transition service price;

(11) During any sale of electricity generation assets required by this settlement, neither PSNH, nor any affiliate of PSNH, nor any company that would become an affiliate of PSNH if an announced merger, acquisition or sale were to be consummated, may bid for those assets;

(12) During any competitive bid process to determine a provider or providers of transition service, or of default service to any customer belonging to a rate class that at the time of service is eligible to receive transition service, neither PSNH, nor any affiliate of PSNH, nor any company that would become an affiliate of PSNH if an announced merger, acquisition or sale were to be consummated, may bid to provide such service;

(13) The commission shall administer the liquidation of any electricity generation assets required to be sold by the settlement. Any sale of assets located in the state of New Hampshire that are administered by the commission pursuant to this paragraph shall be conducted in this state. The commission shall select the independent, qualified asset sale specialist who will conduct the asset sale process. PSNH shall be allowed to comment prior to the selection of any such specialist;

(14) The commission shall administer any competitive bid process for transition service or default service required by the settlement;

(15) Subject to the approval of the Federal Energy Regulatory Commission (FERC), in the event that the commission either rejects a proposed sale of Seabrook, or fails to act on such application within 180 days after North Atlantic Energy Corporation’s (NAEC’s) proposed sale application is filed with the commission, and the failure of the sale is through no fault of Northeast Utilities (NU) or PSNH, NHEC’s return on equity shall be increased from 7 percent to 150 basis points more than the average 10-year Treasury bond yield for the preceding 6 months, but not less than 7 percent nor more than 11 percent, and then readjusted accordingly at the end of every 6 month period; and

(16) No finance order shall be final or effective until PSNH and NU have agreed to dismiss with prejudice on competition day PSNH and NU’s claims and causes of action in all pending litigation associated with the implementation of RSA 374-F, including civil action No. 97-97-JD (New Hampshire) / 97-121 L (Rhode Island).

V. Any finance order that expressly states each and every one of the conditions as set forth in RSA 369-B:3, IV, and finds that the finance order is consistent with all of these conditions, shall be deemed to satisfy the conditions and requirements of RSA 369-B:3, IV. If such finance order so satisfies the conditions and requirements of RSA 369-B:3, IV and satisfies the other requirements of this chapter, then such finance order shall be deemed to be authorized by, and issued pursuant to, this chapter.

369-B:4 Establishment of RRB Charge to Recover RRB Costs.

I. A finance order shall establish and place into effect one or more RRB charges that the commission shall determine to be just and reasonable, including any provisions for subsequent adjustments thereto, that shall provide for the collection of revenues from retail customers of electric utilities sufficient to recover all RRB costs approved by the commission in the finance order, including, without limitation, the payment of principal, premium, if any, interest, credit enhancement, and all other fees, costs, and charges in respect to rate reduction bonds. Such RRB charge or RRB charges shall be set forth in a schedule or schedules filed with the commission in such form as may be determined by the commission, but the filing of such schedule shall not affect or be a condition to the validity of the RRB charge.

II. The commission shall set the RRB charge, per kilowatt-hour of electricity for delivery of retail electric service, in an amount necessary and sufficient to provide for the full recovery of principal, interest, and credit enhancement on the rate reduction bonds, in accordance with the amortization schedule for such bonds determined at the time of offering, as well as all other fees, costs, and charges in respect to the rate reduction bonds, based upon the electric utility’s reasonable assumptions, including sales forecasts.

III. Notwithstanding any provision of RSA 369-B:3, the commission shall approve such adjustments to the RRB charge authorized to be imposed and collected pursuant to a finance order as may be necessary to ensure timely recovery of all RRB costs that are the subject of such finance order, including, without limitation, the costs of capital associated with the provision, recovery, financing, or refinancing thereof and the costs of issuing, servicing, and retiring the rate reduction bonds contemplated by such finance order. Such RRB charge shall be adjusted periodically, but not less frequently than annually nor more frequently than monthly, in accordance with the finance order. The commission shall provide in a finance order for a procedure for the timely approval by the commission of periodic adjustments to the RRB charge that is the subject of such finance order. The commission shall approve such adjustments within 60 days of the filing of such adjustment, or within such shorter period as the finance order may designate. These adjustments shall generally serve to reconcile the actual RRB charges collected with the RRB charges expected to have been collected during the relevant prior period in a manner such that the adjusted RRB charge will be sufficient to provide for scheduled principal, interest, credit enhancement, fees and other expenses associated with rate reduction bonds payable in the period during which such adjusted RRB charge will be billed. The electric utility shall include in such filing a report to the commission showing the calculation of each such adjustment.

IV. All charges established in a finance order for an electric utility, including, without limitation, the non-bypassable RRB charge, shall be collected from each retail customer of such electric utility by such electric utility or servicer of the rate reduction bonds or other entity authorized in the finance order or otherwise approved by the commission. If a retail customer purchases or otherwise obtains retail electric service from any person other than the electric utility in whose service territory the retail customer is located, including, without limitation, any successor referred to in RSA 369-B:8, subject to commission approval, the servicer or such new electricity service provider or successor shall collect all such charges, including, without limitation, such RRB charge, from the retail customer by or on behalf of the first electric utility with revenues from such RRB charge remitted solely for the benefit and repayment of rate reduction bonds as a condition to the provision of retail electric service to such retail customer. Each finance order shall impose commercially reasonable terms on such electricity service provider or successor responsible for billing or collecting such charges, including, without limitation, such RRB charge, that are the subject of the finance order. Any retail customer that fails to pay any RRB charge shall be subject to disconnection of service to the same extent that such customer would, under applicable law and regulations, be subject to disconnection of service for failure to pay any other charge payable to an electric utility.

V. The RRB charge shall be charged to and collected from retail customers for such period as prescribed in the finance order. To the extent that the commission, when issuing a finance order, determines that special treatment on retail customers’ bills is necessary or desirable to distinguish the RRB charge from other rates and charges in order to facilitate the successful issuance and sale of rate reduction bonds, it may so provide as part of such finance order. A finance order shall specify how amounts collected from a retail customer shall be allocated between the RRB charge and other rates and charges.

VI. The commission shall establish charges for retail customers that purchase or otherwise obtain or are supplied back-up, maintenance, emergency or other delivery service provided to a retail customer by an electric utility. Such charges shall be just and reasonable, and shall not be designed in a manner that creates a charge similar to or has the same effect as an exit fee.

VII. Notwithstanding any statutory or regulatory language to the contrary, the commission shall not authorize or impose, nor shall any electric utility charge or assess, any exit fee, and nothing herein shall affect the rights as set forth in RSA 369-B:3, IV(b)(7). An exit fee is any rate or charge that is based in whole or in part on the amount of electric power and/or retail electric service a customer might have purchased from or through an electric utility but does not purchase due to conservation efforts, use of alternative non-electric energy sources, or the consumption of electricity by such customer from generation connected directly to such customer’s electrical load with no intervening facilities of a regulated utility; provided, however, that an exit fee shall not include a just and reasonable capacity or demand charge for backup service as defined in RSA 369-B:4, VI.

VIII. In the event of the municipalization of a portion of an electric utility’s service territory, the commission shall, in matters over which the Federal Energy Regulatory Commission does not have jurisdiction, or has jurisdiction but chooses to grant jurisdiction to the state, determine, to a just and reasonable extent, the consequential damages such as stranded investment in generation, storage, or supply arrangements resulting from the purchase of plant and property from the electric utility and RRB costs, and shall establish an appropriate recovery mechanism for such damages. Any such damages shall be established, and shall be allocated between the RRB charge and other rates and charges, in a just and reasonable manner.

IX. Any surplus RRB charge in excess of the amounts necessary to pay principal, premium, if any, interest, credit enhancement and all other fees, costs, and charges in respect to rate reduction bonds shall be remitted to the financing entity and shall be used to benefit retail customers unless this would result in a recharacterization of the tax, accounting, and other intended characteristics of the financing, including, but not limited to, the following intended characteristics:

(a) Avoiding the recognition of debt on the electric utility’s balance sheet for financial accounting and regulatory purposes;

(b) Treating the rate reduction bonds as debt of the electric utility or its affiliates for federal income tax purposes;

(c) Treating the transfer of the RRB property by the electric utility as a true sale for bankruptcy purposes; or

(d) Avoiding any adverse impact of the financing on the credit rating of the rate reduction bonds or the electric utility.

Amend RSA 369-B:5, X as inserted by section 2 of the bill by replacing it with the following:

X. Subject to the approval of the commission and the oversight of the state treasurer, or other state official designated by the state treasurer, rate reduction bonds issued and at any time outstanding may, if and to the extent permitted under the indenture or other agreement pursuant to which they are issued, be refunded by other rate reduction bonds.

XI. The state treasurer’s oversight under RSA 369:5, IX and X shall not be governed by the provisions of RSA 541 or 541-A.

Amend the bill by replacing all after section 3 with the following:

4 New Subparagraph; System Benefits Charge; Limitations. Amend RSA 374-F:4, VIII by inserting after subparagraph (f) the following new subparagraph:

(g) The portion of the system benefits charge due to programs for low-income customers per kilowatt-hour in any public utility service territory in the state shall not exceed the amount in PSNH’s service territory for a period of 33 months starting on competition day for PSNH as defined in RSA 369-B:2, III.

5 Option for Municipalities Purchasing Certain Electric Facilities. Municipalities which seek to purchase PSNH hydro-electric small-scale electric facilities, as defined in RSA 374-D:1, may with the consent of the governing body, prior to October 1, 2000, petition the commission pursuant to RSA 38:9, prior to holding the vote of qualified voters provided for in RSA 38:3, RSA 38:4, or RSA 38:5, for a determination of the fair market value of the facility in the event that the municipality and PSNH are unable to agree to a price to be paid for the facility. The cost of the determination shall be at the expense of the requesting municipality. The commission should select an independent, qualified asset valuation specialist to conduct the asset valuation process. If this option is chosen, all votes required by RSA 38:3, RSA 38:4, or RSA 38:5 must be held prior to the expiration of the time limit required for the ratification vote under RSA 38:13.

6 Public Utilities Commission Action. If by June 30, 2000, PSNH has not filed with the commission an acknowledgment of acceptance of the conditions contained in RSA 369-B:3, IV(b), then the commission shall:

I. Suspend the Public Service Company of New Hampshire (PSNH) Restructuring Settlement Docket No. DE 99-099 and resume, as allowed by law, all other dockets stayed by the commission as it addressed Docket No. DE 99-099.

II. Take such action as is in the public interest regarding temporary rates as authorized by RSA 378:27.

III. Pursue appropriate litigation at the New Hampshire supreme court or other appropriate courts on issues such as whether the 1989 Rate Agreement is a contract and whether PSNH and Northeast Utilities may have breached any such contract or, by their actions, allowed any such contract to be voided.

7 Dates of Events in PSNH Rate Reduction Financing.

I. Competition day for PSNH as defined in RSA 369-B:2, III shall be not later than October 1, 2000, unless the commission finds due to circumstances beyond its control that further delay is in the public interest.

II. The sale of PSNH fossil generation assets shall take place no later than July 1, 2001, unless the commission finds due to circumstances beyond its control that further delay is in the public interest.

8 PSNH Allowed to Pay Dividend. Upon the temporary rate reduction of 5 percent described in RSA 369-B:3, IV(b)(3)(G), PSNH will be allowed to pay a dividend of $50,000,000.

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

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

Sen. F. King, Dist. 1 Rep. Bradley, Carr. 8

Sen. Below, Dist. 5 Rep. Guay, Coos 6

Sen. Hollingworth, Dist. 23 Rep. Norelli, Rock. 31

Rep. MacGillivray, Hills. 21

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

Sen. D’Allesandro, Dist. 20

(non-voting alternate)

Sen. Fraser, Dist. 4

(non-voting alternate)

2000-4751-CofC

AMENDED ANALYSIS

This bill establishes the terms and conditions under which the public utilities commission can issue finance orders authorizing the issuance of rate reduction bonds. The bill also describes how a secured interest in the rate reduction property can be created and perfected.

Senator F. King moved adoption.

May 25, 2000

2000-4697-CofC

01/09

Committee of Conference Report on SCR 6, a resolution urging the President and Congress to address the challenge of high prescription medication prices.

Recommendation:

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

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

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

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

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

Sen. Klemm, Dist. 22 Rep. Tufts, Rock. 20

Sen. Hollingworth, Dist. 23 Rep. McDonough-Wallace, Hills. 41

Rep. Priestly, Rock. 26

Senator Wheeler moved adoption.

May 26, 2000

2000-4744-CofC

03/09

Committee of Conference Report on SB 132, an act requiring a review of public safety communications requirements regarding the summit of Mount Kearsarge, establishing an advisory committee regarding the review, and placing a moratorium until July 1, 2001 on new leases, use permits, or extensions of lease or permit terms for telecommunication facilities on the summit of Mount Kearsarge.

Recommendation:

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

The signatures below attest to the authenticity of this Report on SB 132, an act requiring a review of public safety communications requirements regarding the summit of Mount Kearsarge, establishing an advisory committee regarding the review, and placing a moratorium until July 1, 2001 on new leases, use permits, or extensions of lease or permit terms for telecommunication facilities on the summit of Mount Kearsarge.

Sen. Below, Dist. 5 Rep. Royce, Ches. 9

Sen. Trombly, Dist. 7 Rep. Whalley, Merr. 5

Sen. Krueger, Dist. 16 Rep. Downing, Rock. 26

Rep. Cooney, Rock. 26

Senator Below moved adoption.

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

HB 297-FN, an act 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 505-FN, an act establishing a special license plate for veterans.

HB 618-FN-A, an act establishing a voucher program for smoking cessation.

HB 713-FN, an act relative to penalties for multiple DWI offenses.

HB 1212, an act relative to extending the reporting date of the open adoption study committee.

HB 1329, an act relative to the termination of residential electric or gas utility service, the public utility commission’s rulemaking authority, and the establishment of a gas utility restructuring oversight committee.

HB 1463, an act making technical corrections related to the mental health system and guardianship hearings.

HB 1552-FN-A, an act establishing a telecommunications development initiative in New Hampshire and making an appropriation therefor.

HB 1563-FN-LOCAL, an act establishing the Wolfeboro Airport Authority.

HB 1569-FN, an act requiring the department of environmental services to propose a voluntary testing program of public water supplies for methyl tertiary butyl ether (MTBE), and to study the amount of MTBE in gasoline in the state.

HB 1570-FN, an act requiring parolees and probationers from other states to comply with the Interstate Compact on Parole in order to be lawfully present in New Hampshire.

HB 1571-FN, an act relative to claims arising from clinical services provided to the department of corrections.

HB 1573-FN, an act relative to the funding of the salary of the director of emergency medical services and making an appropriation therefor.

HB 1579-FN, an act establishing certain penalties for violations of the youth tobacco laws and clarifying a definition under the indoor smoking act.

HB 1589, an act prohibiting the use of genetic testing for certain insurance policies.

HB 1621-FN, an act allowing administrative home confinement for habitual offenders.

HB 97, an act relative to the right to farm.

HB 226-LOCAL, an act establishing municipality bond payment schedules and percentages.

HB 228, an act clarifying permissible political expenditures.

HB 413-FN-A, an act relative to the renovation of regional vocational education centers, and making an appropriation therefor.

HB 417-FN-A, an act relative to the rehabilitation of the Walker building at the New Hampshire hospital and making an appropriation therefor.

HB 553-FN-A, an act establishing a commission on the status of men.

HB 648-FN, an act relative to a sludge testing program.

HB 690-FN-LOCAL, an act relative to charter schools and open enrollment districts.

HB 1106, an act making the widening of Interstate 93 from Manchester to the Massachusetts border a state priority.

HB 1188-FN-LOCAL, an act relative to alternative kindergarten programs.

HB 1189-FN, an act relative to benefit amounts, fees assessed and the application of the state unemployment compensation law.

HB 1198, an act establishing a procedure for the 2001 voter checklist verification.

HB 1202-LOCAL, an act 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.

HB 1259-FN, an act establishing a coordinated and comprehensive effort by state agencies for economic growth, resource protection, and planning policy to encourage smart growth.

HB 1414, 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, requiring a certification of understanding by certain municipal electric utilities, and relative to ambient groundwater quality standards.

HB 1418-FN-LOCAL, an act relative to mercury-containing products.

HB 1464, an act relative to the licensing process for new health care facility construction.

HB 1471, an act relative to the department of employment security’s power to approve building projects.

HB 1504, an act relative to submission of biennial budget estimates by agencies.

HB 1510-FN, an act relative to establishing a medical savings account plan for providing state employee health care benefits.

HB 1611, an act recodifying the state’s DWI laws.

HB 1617-FN, an act relative to suspension of a driver’s license for sufficient cause.

HB 1622-LOCAL, an act eliminating the requirement that a deputy town clerk have his or her domicile within the town.

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

HB 2000-FN-LOCAL, an act relative to a 10-year transportation plan and establishing a committee to study the transportation plan projects.

HB 725, an act relative to rulemaking under the administrative procedures act.

2000-4762-EBA

08/09

Enrolled Bill Amendment to HB 1240

The Committee on Enrolled Bills to which was referred HB 1240

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 5 of the bill.

Amend RSA 420-J:8-a, III(b) as inserted by section 5 of the bill by replacing line 3 with the following:

action against a carrier for payment of the claim.

Senator Trombly moved adoption.

2000-4640-EBA

08/10

Enrolled Bill Amendment to HB 733

The Committee on Enrolled Bills to which was referred HB 733

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 renumbers RSA sections and references inserted by the bill, contingent upon the enactment of HB 1606-FN of the 2000 session.

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

after chapter 12-I the following new chapter:

Amend the bill by inserting after section 6 the following and renumbering the original section 7 to read as 8:

7 Contingency; Renumbering of RSA Chapter. If HB 1606-FN of the 2000 session becomes law, then RSA 12-J:1 – RSA 12-J:9 as inserted by section 1 of the bill, and any references to sections of RSA 12-J in the bill, shall be renumbered to read as RSA 12-K:1 – RSA 12-K:9, respectively.

Senator Trombly moved adoption.

May 25, 2000

2000-4683-EBA

04/01

Enrolled Bill Amendment to HB 1377

The Committee on Enrolled Bills to which was referred HB 1377

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 incorporates the changes made to RSA 326-B:10-a, III in this bill with the changes made to that same paragraph caused by the enactment of HB 1410 in the 2000 legislative session.

Amend RSA 326-B:10-a, III as inserted by section 2 of the bill by replacing it with the following:

III. The duties of the joint health council shall include, but not be limited to, determining the type of A.R.N.P. formulary, exclusionary, inclusionary, or other, and adding or altering the list of controlled and noncontrolled molecular entities on the A.R.N.P. formulary. Decisions on such additions or alterations shall be rendered within 3 months of initial consideration by the council unless there is a request for additional scientific information. Appeals of decisions of the council shall be submitted to the council in writing for further deliberation by the council. The A.R.N.P. formulary shall be updated at least annually and shall be available in paper and electronic format from the board of nursing, the board of medicine, and the board of pharmacy.

Senator Trombly moved adoption.

May 24, 2000

2000-4646-EBA

03/10

Enrolled Bill Amendment to SB 334

The Committee on Enrolled Bills to which was referred SB 334

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

FOR THE COMMITTEE

This enrolled bill amendment inserts a bill section which makes a punctuation change.

Amend the bill by inserting after the enacting clause the following and renumbering the original sections 1-3 to read as 2-4, respectively.

1 Definition of Commissioner; Punctuation Change. Amend RSA 408-A:2, III (f) to read as follows:

(f) "Commissioner" means the insurance commissioner of the state of New Hampshire[.];

Senator Trombly moved adoption.

May 25, 2000

2000-4676-EBA

03/09

Enrolled Bill Amendment to SB 401-FN-A-LOCAL

The Committee on Enrolled Bills to which was referred SB 401-FN-A-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 technical corrections to RSA 227-M:8, V as inserted by section 1 of the bill and section 10 of the bill; and inserts an omitted word in RSA 227-M:13, I as inserted by section 1 of the bill.

Amend RSA 227-M:8, V as inserted by section 1 of the bill by replacing line 4 with the following:

III(c)-(f). A minimum of 1/2 of the applicant’s minimum match requirement must be provided in

Amend RSA 227-M:13, I as inserted by section 1 of the bill by replacing line 2 with the following:

community heritage authority shall recognize that the public interest and public safety and welfare may,

Amend section 10 of the bill by replacing line 3 with the following:

RSA 227-M:7, I upon the effective date of this act, but shall not be available for distribution until April 1,

Senator Trombly moved adoption.

May 25, 2000

2000-4669-EBA

03/09

Enrolled Bill Amendment to SB 458

The Committee on Enrolled Bills to which was referred SB 458

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 technical corrections.

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

RSA 100-A:44 – RSA 100-A:47 to read as follows:

Amend the bill by inserting after RSA 100-A:47 the following and renumber the original section 5 to read as section 6.

5 Change to Executive Director. Amend RSA 100-A:47-a to read as follows:

Senator Trombly moved adoption.

May 25, 2000

2000-4670-EBA

08/09

Enrolled Bill Amendment to SB 468

The Committee on Enrolled Bills to which was referred SB 468

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

FOR THE COMMITTEE

This enrolled bill amendment makes 2 grammatical corrections to section 2 of the bill. This enrolled bill amendment also renumbers the sections of a new RSA subdivision to avoid duplication with an RSA section inserted by 2000, 53.

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

2 New Subdivision; Family Division Established. Amend RSA 490 by inserting after section 32

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

490:33 Family Division.

Amend section 2 of the bill by replacing line 16 with the following:

commitment to, family law matters.

Amend section 2 of the bill by replacing line 21 with the following:

490:34 Jurisdiction. Notwithstanding any law to the contrary, for each county in which the

Amend section 2 of the bill by replacing line 27 with the following:

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

Amend section 2 of the bill by replacing line 39 with the following:

490:35 Equity Jurisdiction. Notwithstanding any law to the contrary and for each county in

Amend section 2 of the bill by replacing line 50 with the following:

490:36 Judges and Marital Masters. With the understanding of the special nature of matters

Senator Trombly moved adoption.

May 25, 2000

2000-4668-EBA

08/09

Enrolled Bill Amendment to SB 469

The Committee on Enrolled Bills to which was referred SB 469

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 technical corrections to RSA 403-F:3 as inserted by section 1 of the bill and inserts a missing word in RSA 403-F:4, I(b) as inserted by section 1 of the bill.

Amend RSA 403-F:3, I as inserted by section 1 of the bill by replacing lines 5-6 with the following:

and liabilities among 2 or more companies, issuance, acquisition or transfer of capital stock of one or more companies, or merger or consolidation of 2 or more companies. The mutual insurance

Amend RSA 403-F:4, I(b) as inserted by section 1 of the bill by replacing it with the following:

(b) A description of the qualifications for membership in and the rights of members of the mutual insurance holding company.

Senator Trombly moved adoption.

May 25, 2000

2000-4690-EBA

04/10

Enrolled Bill Amendment to HB 1369-FN-LOCAL

The Committee on Enrolled Bills to which was referred HB 1369-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 corrects a subparagraph reference in the bill.

Amend RSA 141-E:3, II (g) as inserted by section 1 of the bill by replacing line 2 with the following:

with the measures established under subparagraph (f)(1). The program shall include, but not be

Senator Trombly moved adoption.

Senator Cohen moved that the Senate be in recess for the sole purpose of receiving House Messages, Enrolled Bills Reports and amendments and that when we adjourn we adjourn to the Call of the Chair.