Out of Recess.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 451-453 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.

First and Second Reading and Referral

SB 451, relative to site size standards for new school building construction.

SB 452, increasing to $25 per game date the amount operators of bingo games may be reimbursed for out-of-pocket expenses.

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

Senator J. King moved that the business of the day being complete that the Senate now adjourn until Thursday, February 17, 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 Hays M. Junkin, Senate Guest Chaplain.

Senator Pignatelli led the Pledge of Allegiance.

Senator Cohen is excused for the day.

Senator McCarley moved to vacate HB 628, relative to the relocation of the principal residence of a child, from Education to Judiciary.

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

SB 178-FN-A, relative to appropriations to the port authority for dredging projects.

SB 178-FN-A, relative to appropriations to the port authority for dredging projects.

Senator Cohen moved to concur.

SB 366-FN, requiring an external financial audit of the university system of New Hampshire when the university system requests an appropriation that exceeds the prior appropriation by more than one percent. Education Committee. Vote 5-0. Inexpedient to Legislate, Senator McCarley for the committee.

SB 431, relative to certain secondary vocational education programs. Education Committee. Vote 9-0. Ought to pass with amendment, Senator Larsen for the committee.

2000-3488s

04/09

Amend the bill by replacing section 2 with the following:

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

Amendment adopted.

HB 1381, relative to the dissolution of the Pawtuckaway cooperative high school district. Education Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

SB 345, relative to real estate transfers. Executive Departments and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator Francoeur for the committee.

2000-3366s

08/09

Amend the bill by deleting sections 4 and 5 and renumbering the original section 6 to read as 4.

2000-3366s

AMENDED ANALYSIS

This bill:

I. Exempts transfers involving $4,000 or less from the requirement to file an inventory of property transfers.

II. Provides that any reconveyance of tax-deeded property by a municipality to a former owner is subject to reattachment of any former liens and recognition of the interest of any former co-owners.

SB 327, relative to responsibility of the employee and perjury under workers' compensation. Insurance Committee. Vote 3-0. Ought to Pass, Senator Fraser for the committee.

SB 332, relative to risk-based capital for health organizations. Insurance Committee. Vote 3-0. Ought to Pass, Senator Squires for the committee.

Adopted.

SB 334, relative to credit unemployment insurance. Insurance Committee. Vote 2-0. Ought to Pass, Senator Fraser for the committee.

SB 338, relative to trustee process. Judiciary Committee. Vote 6-0. Ought to Pass, Senator Gordon for the committee.

SB 346, relative to court appearances by certain business owners. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2000-3412s

09/10

Amend the bill by replacing section 1 with the following:

1 Occupations and Professions; Attorneys and Counselors; Right to Appear, etc.; Sole Shareholder of Real Estate Management Corporation. Amend RSA 311:1 to read as follows:

311:1 Right to Appear, etc. A party in any cause or proceeding may appear, plead, prosecute, or defend in his or her proper person, that is, pro se, or may be represented by any citizen of good character. For the purposes of this section, a citizen shall be presumed to be of good character unless demonstrated otherwise. The sole shareholder of a real estate management corporation may appear, plead, prosecute, or defend for the corporation in any landlord-tenant cause or proceeding; such appearance, pleading, prosecution, or defense shall be treated as pro se, and shall not be considered representation.

2000-3412s

AMENDED ANALYSIS

This bill permits the sole shareholder of a real estate management corporation to appear, plead, prosecute, or defend for the corporation in any landlord-tenant cause or proceeding.

SB 355, relative to name changes for criminal offenders. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Gordon for the committee.

SB 358, relative to court reporting services. Judiciary Committee. Vote 6-0. Ought to Pass, Senator Gordon for the committee.

SB 382, relative to appeals of release or detention orders. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2000-3413s

09/01

Amend RSA 597:6-e, II as inserted by section 1 of the bill by replacing it with the following:

II. The person or the state may file with the superior court a motion for revocation of the order or amendment of the conditions of release set by a municipal or district court, by a justice or by a bail commissioner. The motion shall be determined promptly. However, no action shall be taken on any such motion until the moving party has provided to the superior court certified copies of the complaint, affidavit, warrant, bail slip, and any other court orders relative to each charge for which a release or detention order was issued by a justice or a bail commissioner. In cases where a district court justice has made a finding, pursuant to RSA 597:2, III-a that the person poses a danger to another, the superior court shall, after notification to both parties, the police department that brought the charges in district court, and the victim, conduct a hearing and make written findings supporting any modifications and reasons for new conditions or changes from the district court order. The reviewing court shall take into consideration the district court's written findings, orders, pleadings, or transcript when making a modification.

SB 422-FN, relative to the housing security guarantee loan program. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Squires for the committee.

Senator Pignatelli having voted on the prevailing side moved reconsideration on SB 338, relative to trustee process, whereby we ordered it to third reading.

Senator Gordon moved to have SB 338, relative to trustee process, laid on the table.

SB 338, relative to trustee process.

SB 428-FN-A, relative to the development of certain public health initiatives and making an appropriation therefor. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-3445s

05/01

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

4 Accumulated Income of the Health Care Fund. Amend RSA 167:72 to read as follows:

167:72 Accumulated Income. Commencing with the fiscal year ending June 30, 1995, the state treasurer shall annually, on or before October 1, certify an amount to the commissioner which shall be the sum of the income accumulated in the fund that will be available to be expended under RSA 167:71 plus the market value of the principal assets held in the fund. Only the interest earnings shall be expended for the purposes outlined in RSA 167:71, and such interest earnings shall be continually appropriated to the department for said purposes. Notwithstanding any other provision of law, the funds authorized for expenditure shall not be reduced by any funds made available from other sources.

2000-3445s

AMENDED ANALYSIS

This bill authorizes the department of health and human services’ expenditure of health care fund interest income for fiscal years 2000 and 2001 in excess of the approved budgeted amount up to the projected level of interest income, and makes an appropriation therefor. The bill also authorizes interest earnings from the health care fund to be continually appropriated to the department of health and human services.

This bill was requested by the department of health and human services.

SB 339-FN, relative to conducting a feasibility study of various alternatives to enhance safety at the traffic circle in the city of Portsmouth, and making an appropriation therefor. Transportation Committee. Vote 3-0. Ought to Pass, Senator Gordon for the committee.

SB 354, relative to an exemption from the seat belt law for passengers in motor vehicles in parades. Transportation Committee. Vote 2-0. Ought to pass with amendment, Senator Gordon for the committee.

2000-3379s

05/09

Amend the bill by replacing section 2 with the following:

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

SB 381-FN, relative to registration fees for off-highway recreation vehicles. Transportation Committee. Vote 3-0. Ought to Pass, Senator Below for the committee.

SB 363, relative to the sale of malt beverages. Ways and Means Committee. Vote 6-0. Ought to Pass, Senator F. King for the committee.

SB 379, relative to lottery scratch tickets. Ways and Means Committee.

MINORITY REPORT: Ought to Pass, Senator D'Allesandro for the committee. Vote 3-4

MAJORITY REPORT: Inexpedient to Legislate, Senator F. King for the committee. Vote 4-3

Senator Johnson moved to have SB 379, relative to lottery scratch tickets, laid on the table.

SB 379, relative to lottery scratch tickets.

SB 421-FN-A, establishing a child day care program credit against the business profits tax. Ways and Means Committee. Vote 5-2. Ought to pass with amendment, Senator Brown for the committee.

2000-3508s

09/04

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

AN ACT establishing a child day care program credit against the business profits tax and the business enterprise tax.

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

1 New Paragraph; Business Profits Tax; Child Day Care Program Credit. Amend RSA 77-A:5 by inserting after paragraph XI the following new paragraph:

XII. The child day care program tax credit as determined under RSA 170-E:51.

2 New Section; Business Enterprise Tax; Child Day Care Program Credit. Amend RSA 77-E by inserting after section 3 the following new section:

77-E:3-a Child Day Care Program Credit. The child day care program credit, as determined under RSA 170-E:51, shall be allowed against the tax due under this chapter.

3 New Subdivision; Child Day Care Program Business Profits Tax and Business Enterprise Tax Credit. Amend RSA 170-E by inserting after section 50 the following new subdivision:

Child Day Care Program Business Profits Tax and Business Enterprise Tax Credit

170-E:51 Child Day Care Program Business Profits Tax Credit.

I. A taxpayer under RSA 77-A and/or RSA 77-E shall be allowed a child day care program tax credit under either RSA 77-A:5, XII or RSA 77-E:3-a in the amount of the following percentages of expenses incurred for child day care programs:

(a) A 50 percent credit for start-up costs for an on-site child day care facility, licensed under the provisions of this chapter, to be used primarily by the children of the taxpayer’s employees. Start-up costs include planning, site preparation, construction, renovation, or acquisition of facilities for purposes of establishing or expanding on-site or near-site facilities to be used for child day care; purchasing and installing equipment for permanent use within or immediately adjacent to the facility, to the extent such equipment is necessary in the use of such facility for the purposes of child day care; and materials to be used primarily for the child day care facility.

(b) A 50 percent credit for the net costs of maintaining an on-site child day care facility, including staff salaries and benefits, equipment, supplies and materials.

(c) A 30 percent credit for support payments made to off-site child day care facilities where, in exchange for such support payment, the facility agrees to serve an agreed-upon number of children of the taxpayer’s employees for a time period covered by the support payment. The eligible expense per child shall not exceed $2,500 of assistance per tax year.

(d) A 40 percent credit for expenses incurred to comply with national accrediting standards, which would not have been incurred to comply with state licensing standards.

(e) A 40 percent credit for payments made to directly assist child day care providers and provider networks to pay for training or continuing education to improve the quality of child day care services.

(f) A 30 percent credit for expenses relating to providing coupons for employees to obtain child day care, including the costs to the taxpayer of administering such coupon program and serving as an information and referral resource. The eligible expense per child shall not exceed $2,500 per child per tax year.

II. The total amount of the credit shall not exceed 5 percent of the taxpayer’s total tax liability per tax year, with a 2-year carry-forward allowed in the immediately succeeding tax years. If a facility ceases to operate as a child day care facility or such other form of support as described in paragraph I ceases after the first year, the carry-forward shall not be allowed.

III. There shall be no distinction made for the purposes of this tax credit between for-profit and not-for-profit child day care programs and facilities.

IV. The commissioner, in consultation with the commissioner of revenue administration and the commissioner of resources and economic development, the New Hampshire Child Care Advisory Council, and the Governor’s Business Commission on Child Care, shall develop marketing strategies to educate and attract businesses to access tax credits available pursuant to this section. The commissioner shall work with the above agencies and organizations, as necessary, to evaluate annually the utilization level of this tax credit.

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

2000-3508s

AMENDED ANALYSIS

This bill establishes a child day care program credit against the business profits tax and the business enterprise tax.

Senator Larsen offered a floor amendment.

2000-3518s

09/01

Floor Amendment to SB 421-FN-A

Amend the bill by replacing section 4 with the following:

4 Effective Date. This act shall take effect July 1, 2002.

Senator F. King is in opposition to SB 421.

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

HB 375, relative to substitutions for disqualified and deceased candidates.

SB 147, relative to self-referrals for chiropractic care under managed care organizations.

Senator D’Allesandro moved adoption.

SB 450-FN, prohibiting the importation of tobacco products that violate federal law. Ways and Means Committee. Vote 7-0. Ought to pass with amendment, Senator Fraser for the committee.

2000-3502s

09/01

Amend RSA 78:34, II-IV as inserted by section 1 of the bill by replacing them with the following:

II. No person shall knowingly sell or offer to sell a package of cigarettes or affix the stamp or imprint required by this title on a package of cigarettes unless that package of cigarettes complies with all federal tax laws, federal trademark and copyright laws, and federal laws regarding the placement of labels, warnings, or any other information upon a package of cigarettes.

III. No person shall knowingly sell or offer to sell a package of cigarettes or affix the stamp or imprint required by this title on a package of cigarettes if the package is marked as manufactured for use outside of the United States or if any label or language has been altered from the manufacturer’s original packaging and labeling to conceal the fact that the package was manufactured for use outside of the United States.

IV.(a) No person shall affix a stamp, label, or decal on a package of cigarettes to conceal the fact that the package was manufactured for use outside of the United States.

(b) No person shall knowingly sell or offer to sell a package of cigarettes on which a stamp, label, or decal was affixed to conceal the fact that the package was manufactured for use outside of the United States.

SB 370, relative to reflectors on bicycle pedals. Wildlife & Recreation Committee. Vote 3-0. Ought to pass with amendment, Senator Klemm for the committee.

2000-3402s

04/09

Amend the bill by replacing section 1 with the following:

1 Equipment of Vehicles; Pedal Reflectors Required; Reflective Equipment Required. RSA 266:87 is repealed and reenacted to read as follows:

266:87 Pedal Reflectors and Reflective Equipment Required.

I. No person shall operate a bicycle, except for a bicycle equipped with clipless pedals, or moped unless such bicycle or moped has pedals equipped with a reflector of a type approved by the director which conform to 49 CFR 571.108 Table 2 and which shall be visible from the front and rear of the bicycle or moped from a distance of 200 feet during darkness.

II. No person, during darkness, shall operate a bicycle equipped with clipless pedals unless the operator is wearing either reflectorized leg bands on the lower exterior of the operator’s legs or some other type of light reflective equipment on the exterior of either the operator’s legs or shoes.

2000-3402s

AMENDED ANALYSIS

This bill provides that no person shall operate a bicycle, except for a bicycle equipped with clipless pedals, or moped unless such bicycle or moped has pedals equipped with an approved pedal reflector. The bill also requires that any person operating a bicycle with clipless pedals shall wear either reflectorized leg bands or some other type of light reflective equipment on their legs or shoes.

Senator Below moved to take HB 109-FN-A-L, establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor, off the table.

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

February 15, 2000

2000-3455-EBA

04/01

Enrolled Bill Amendment to HB 251

The Committee on Enrolled Bills to which was referred HB 251

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

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction and a punctuation change to the bill.

Amend RSA 40:13, VII as inserted by section 5 of the bill by replacing line 8 with the following:

RSA 669:5, 669:19, 669:30, 670:3, 670:4, 670:11, 671:15, 671:19, and 671:30 through 32; and votes on zoning

Amend RSA 40:14, XI(c) as inserted by section 7 of the bill by replacing line 4 with the following:

first and second Saturdays after the last Monday in ___________, inclusive?"

Senator Trombly moved adoption.

February 15, 2000

2000-3463-EBA

08/09

Enrolled Bill Amendment to SB 228-FN

The Committee on Enrolled Bills to which was referred SB 228-FN

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

This enrolled bill amendment makes a grammatical correction.

Amend section 2 of the bill by replacing line 5 with the following:

and who originally elected and is receiving the 100 percent joint and survivorship option, or 100

Senator Trombly moved adoption.

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

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

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

Senator Russman moved to nonconcur and requests a committee of conference.

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

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

Senator J. King moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings enrolled bills and amendments and that when we adjourn we adjourn to the Call of the Chair.

SB 327, relative to responsibility of the employee and perjury under workers' compensation.

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

SB 334, relative to credit unemployment insurance.

SB 345, relative to real estate transfers.

SB 346, relative to court appearances by certain business owners.

SB 354, relative to an exemption from the seat belt law for passengers in motor vehicles in parades.

SB 355, relative to name changes for criminal offenders.

SB 358, relative to court reporting services.

SB 363, relative to the sale of malt beverages.

SB 370, relative to reflectors on bicycle pedals.

SB 381-FN, relative to registration fees for off-highway recreation vehicles.

SB 382, relative to appeals of release or detention orders.

SB 421-FN-A, establishing a child day care program credit against the business profits tax and the business enterprise tax.

SB 422-FN, relative to the housing security guarantee loan program.

SB 428-FN-A, relative to the development of certain public health initiatives and making an appropriation therefor.

SB 431, relative to certain secondary vocational education programs.

SB 450-FN, prohibiting the importation of tobacco products that violate federal law.

HB 1381, relative to the dissolution of the Pawtuckaway cooperative high school district.