Out of Recess.

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

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

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

Senator D'Allesandro moved adoption.

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

HB 251, relative to official ballot procedures.

SB 228, relative to spousal benefits upon the death of certain retired group II members of the New Hampshire retirement system.

Senator D'Allesandro moved adoption.

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

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

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

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

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

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

HB 1110, establishing a committee to study landlord-tenant issues.

HB 1114-FN, relative to creditable service in the retirement system for teachers in a job-sharing position.

HB 1124-L, relative to local building codes.

HB 1126, relative to repealing the prohibition on rewards for procuring employment.

HB 1134, establishing a committee to study mental health care treatment under managed care plans.

HB 1143-FN, relative to renaming New Hampshire route 28 in the town of Wolfeboro as the "Gary Parker Memorial Highway."

HB 1168, establishing a committee to study the merits of limiting the use of social security numbers as identifiers.

HB 1179, relative to final orders of the public utilities commission.

HB 1268-FN, relative to certain vehicle registrations.

HB 1283, establishing a commission on the education of the deaf and hard of hearing in New Hampshire.

HB 1318, establishing a committee to study the instability of kerosene, gasoline, diesel fuel, and home heating fuel prices.

HB 1322, relative to the regulation of certain outdoor advertising devices.

HB 1362, relative to the reconsideration of cost apportionment within a cooperative school district.

HB 1374, extending the report date for the sex offender issues study committee.

HB 1413, relative to the rights of ownership of cemetery plots or burial spaces.

HB 1454, relative to deputy conservation officers in the fish and game department.

HB 1462, extending the report date and changing the membership and duties of the committee to study methods to promote the use of renewable energy sources.

HB 1464, relative to the licensing process for new health care facility construction.

HB 1523, relative to landlord-tenant obligations.

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

HB 1583, increasing the education requirement for estheticians and manicurists and relative to the board of barbering, cosmetology, and esthetics.

HB 1592, relative to the display of the United States flag.

HB 1602-FN, establishing the New Hampshire task force on deafness and hearing loss.

HB 1607, establishing a study committee to consider legislation reducing to zero the number of mentally retarded or developmentally disabled individuals in the state who are not receiving or have not received medicaid services.

HB 1613, exempting police officers on bicycles from certain motor vehicle laws and rules.

HCR 20, urging Congress to stop the collection of certain kinds of information from patients in a home health care setting.

HCR 24, relative to integration of people with disabilities.

HCR 32, urging the President and the Secretary of Energy to release certain amounts of petroleum from the nation's petroleum reserve.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 1110-HCR 32 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 1110, establishing a committee to study landlord-tenant issues. Public Affairs

HB 1114-FN, relative to creditable service in the retirement system for teachers in a job-sharing position. Insurance

HB 1124-L, relative to local building codes. Public Affairs

HB 1126, relative to repealing the prohibition on rewards for procuring employment. Insurance

HB 1134, establishing a committee to study mental health care treatment under managed care plans. Insurance

HB 1143-FN, relative to renaming New Hampshire route 28 in the town of Wolfeboro as the "Gary Parker Memorial Highway." Transportation

HB 1168, establishing a committee to study the merits of limiting the use of social security numbers as identifiers. Public Affairs

HB 1179, relative to final orders of the public utilities commission. Energy and Economic Development

HB 1268-FN, relative to certain vehicle registrations. Transportation

HB 1283, establishing a commission on the education of the deaf and hard of hearing in New Hampshire. Education

HB 1318, establishing a committee to study the instability of kerosene, gasoline, diesel fuel, and home heating fuel prices. Energy and Economic Development

HB 1322, relative to the regulation of certain outdoor advertising devices. Transportation

HB 1362-L, relative to the reconsideration of cost apportionment within a cooperative school district. Education

HB 1374, extending the report date for the sex offender issues study committee. Judiciary

HB 1413, relative to the rights of ownership of cemetery plots or burial spaces. Public Affairs

HB 1454, relative to deputy conservation officers in the fish and game department. Wildlife and Recreation

HB 1462, extending the report date and changing the membership and duties of the committee to study methods to promote the use of renewable energy sources. Energy and Economic Development

HB 1464, relative to the licensing process for new health care facility construction. Public Institutions, Health and Human Services

HB 1523, relative to landlord-tenant obligations. Public Affairs

HB 1579-FN, establishing certain penalties for violations of the youth tobacco laws and clarifying a definition under the indoor smoking act. Public Institutions, Health and Human Services

HB 1583, increasing the education requirement for estheticians and manicurists and relative to the board of barbering, cosmetology, and esthetics. Executive Departments and Administration

HB 1592, relative to the display of the United States flag. Internal Affairs

HB 1602-FN, establishing the New Hampshire task force on deafness and hearing loss. Public Institutions, Health and Human Services

HB 1607, establishing a study committee to consider legislation reducing to zero the number of mentally retarded or developmentally disabled individuals in the state who are not receiving or have not received medicaid services. Public Institutions, Health and Human Services

HB 1613, exempting police officers on bicycles from certain motor vehicle laws and rules. Transportation

HCR 20, urging Congress to stop the collection of certain kinds of information from patients in a home health care setting. Public Institutions, Health and Human Services

HCR 24, relative to integration of people with disabilities. Public Institutions, Health and Human Services

HCR 32, urging the President and the Secretary of Energy to release certain amounts of petroleum from the nation's petroleum reserve. Energy and Economic Development

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

HB 640-FN, establishing certain standards of accountability for health maintenance organizations and other entities providing health insurance through a managed care system.

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

SB 186-FN, relative to additional cost of living adjustments and increased minimum allowances for certain retired group II members, and relative to requiring spousal acknowledgement of a member’s election of an optional retirement allowance.

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

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

HB 640, establishing certain standards of accountability for health maintenance organizations and other entities providing health insurance through a managed care system.

Senator D'Allesandro moved adoption.

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Thursday, March 9, 2000 at 10:00 a.m.

The Senate met at 10:00 a.m.

A quorum was present.

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

Senator Francoeur led the Pledge of Allegiance.

The House of Representatives refuses to concur with the Senate in the adoption of the amendment to the following entitled House Bill sent down from Senate:

HB 228, clarifying permissible political expenditures.

And requests a Committee of Conference.

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

HB 228, clarifying permissible political expenditures.

Senator Trombly moved to accede to the request for a Committee of Conference.

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

The House of Representatives refuses to concur with the Senate in the adoption of the amendment to the following entitled House Bill sent down from Senate:

HB 553-FN-A, establishing a commission on the status of men.

And requests a Committee of Conference.

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

HB 553-FN-A, establishing a commission on the status of men.

Senator Cohen moved to accede to the request for a Committee of Conference.

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

HB 1136, relative to the university system of New Hampshire board of trustees. Education Committee. Vote 7-0. Ought to Pass, Senator D'Allesandro for the committee.

SB 320, relative to ballot counting in cooperative school districts. Education Committee. Vote 6-0. Ought to pass with amendment, Senator Eaton for the committee.

2000-3608s

04/10

Amend RSA 671:26 as inserted by section 1 of the bill by replacing it with the following:

671:26 Counting Ballots. The town election officials shall act in like capacity for the school district in conducting the school district election. After the close of the polls, the town election officials shall turn all school district ballots over to the moderator of the school district, who shall then proceed to count the ballots publicly with the assistance of such legal voters of the district as the moderator of the school district shall appoint. Provided, however, that, in the case of cooperative school districts, the town election officials, or the school district officials, immediately after the close of the polls, shall count the ballots for school district officers, and all articles on the ballot, from ballots cast in each town of the cooperative school district and, within 24 hours, forward to the school district clerk a list of the number of votes received by each candidate for school district office as well as all articles on the ballot. The list shall be signed by the town clerk and witnessed by the town moderator. Upon receipt of the list, the cooperative school district clerk shall record the results from each town and shall, when the results from all towns within the district have been recorded, determine and announce the names of the winning candidates and the results of the ballot votes. The results shall be available to the public after the final count from all polling places has been determined.

2000-3608s

AMENDED ANALYSIS

This bill provides that in cooperative school districts, the town election officials or school district election officials shall count and record the ballots from each constituent town in the cooperative school district prior to being added to the cumulative vote count within the cooperative school district, and that the results of the vote on all articles on the ballot shall also be counted.

Senator Johnson offered a floor amendment.

2000-3699s

04/09

Floor Amendment to SB 320

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

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

2 Ratification of the March 8, 2000 Inter-Lakes Cooperative School District Annual Meeting. All acts, votes, notices, and proceedings of the Inter-Lakes cooperative school district annual meeting held on March 8, 2000 are hereby legalized, ratified, and confirmed.

2000-3699s

AMENDED ANALYSIS

This bill provides that in cooperative school districts the ballots from each constituent town in the cooperative school district shall be counted and recorded prior to being added to the cumulative vote count within the cooperative school district. This bill also ratifies all acts, votes, notices, and proceedings of the Inter-Lakes cooperative school district meeting held on March 8, 2000.

SB 321, relative to a pupil's right to learn. Education Committee. Vote 6-0. Inexpedient to Legislate, Senator D'Allesandro for the committee.

SB 365-L, relative to the adoption of bonds or notes in certain school districts and municipalities. Education Committee. Vote 7-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-3618s

08/09

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

AN ACT relative to the adoption of bonds or notes in school districts and municipalities.

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

1 Town or District Bonds or Notes; Vote Required for Adoption. Amend RSA 33:8 to read as follows:

33:8 Town or District Bonds or Notes. Except as otherwise specifically provided by law, the issue of bonds or notes by any municipal corporation, except a city or a town which has adopted a charter pursuant to RSA 49-B, without a budgetary town meeting, [and except a school district or municipality which has adopted official ballot voting procedures pursuant to RSA 40:13] shall be authorized by a vote by ballot of [2/3] 3/5, and the issue of tax anticipation notes, by a vote of a majority, of all the voters present and voting at an annual or special meeting of such corporation, called for the purpose. [The issue of notes or bonds by a school district or municipality which has adopted official ballot voting procedures pursuant to RSA 40:13 shall be authorized by a vote of 3/5.] No such action taken at any special meeting shall be valid unless a majority of all the legal voters are present and vote at such special meeting, unless the governing board of any municipality shall petition the superior court for permission to hold an emergency special meeting, which, if granted, shall give said special meeting the same authority as an annual meeting. The warrant for a special meeting shall be published once in a newspaper having a general circulation in the municipality within one week after the posting of such special meeting. The warrant for any such annual or special meeting shall be served or posted at least 14 days before the date of such special meeting. Every warrant shall be deemed to have been duly served or posted, if the return on the warrant shall so state, and it shall be certified by the officer or officers required to serve or post the same. All bonds or notes, authorized in accordance with this chapter, shall be signed by the governing board, or a majority of the governing board, and countersigned by the treasurer of the municipality, and shall have the corporate seal, if any, affixed to it. The discretion of fixing the date, maturities, denominations, the interest rate, or discount rate in the case of notes, the place of payment, the form and other details of said bonds or notes and of providing for the sale of such bonds or notes, may be delegated to the governing board or to the treasurer and shall, to the extent provision therefor shall not have been made in the vote authorizing the same, be deemed to have been delegated to the governing board.

2 Alternate Procedure for Authorizing Town or Village District Bonds or Notes for Municipal Small Scale Power Facilities; Vote Required for Adoption. Amend RSA 33:8-c, I to read as follows:

I. By a 2/3 vote, the governing board of a town or village district may call a special meeting for the purpose of authorizing the issuance of bonds or notes for the municipal financing of small scale power facilities, as such facilities are defined in RSA 374-D:1. A special meeting held under this section shall have the same authority as that of an annual town meeting. The issuance of such bonds or notes shall be authorized by a vote of [2/3] 3/5 of all the voters present and voting at the special meeting.

3 Procedures for Authorizing Bonds or Notes in Municipalities Adopting Charters Pursuant to RSA 49-B, Without a Budgetary Town Meeting; Vote Required for Adoption by Town Council. Amend RSA 33:8-d, I(c) to read as follows:

(c) A [2/3] 3/5 majority vote of the town council shall be required to authorize the issuance of bonds or notes.

4 Procedures for Authorizing Bonds or Notes in Municipalities Adopting Charters Pursuant to RSA 49-B, Without a Budgetary Town Meeting; Vote Required for Adoption by Referendum if Bonds or Notes in Excess of 10 Percent of Town's Operating Budget. Amend RSA 33:8-d, II(g) to read as follows:

(g) If a [2/3] 3/5 majority of the voters present and voting on the issuance of bonds or notes shall vote in the affirmative, the appropriation and issuance of bonds or notes in the amounts so stated in the question shall be declared to have been adopted.

5 City Bonds; Vote Required for Adoption. Amend RSA 33:9 to read as follows:

33:9 City Bonds. The issue of bonds or tax anticipation notes by a city shall be authorized by a resolution of the city councils, passed by at least [2/3] 3/5 of all the members of each branch thereof. All such bonds and notes shall be signed by the mayor and countersigned by the city treasurer, and shall have the city seal affixed thereto. The discretion of fixing the date, maturities, denominations, place of payment, interest rate, or discount rate in the case of notes, the form and other details of said bonds or notes, and of providing for the sale thereof, may be delegated to the city treasurer and shall, to the extent provision therefor shall not have been made in the vote authorizing the same, be deemed to have been delegated to the treasurer with approval of the mayor.

6 Municipal Revenue Bonds; Issuance of Revenue Bonds. Amend RSA 33-B:2 to read as follows:

33-B:2 Issuance of Revenue Bonds. A municipality may issue bonds or notes under this chapter for construction of revenue-producing facilities. Bonds issued by a municipality under this chapter shall not be deemed to be a pledge of the faith and credit of the state or of the municipality. Except as otherwise provided in this chapter, the principal of, premium, if any, and interest on all bonds shall be payable solely from the particular funds provided therefor under this chapter. The bonds shall be issued in such amounts as the legislative body may authorize by a [2/3] 3/5 vote as required under RSA 33:8, 33:8-d, or 33:9, as applicable. Bonds of each issue shall be dated, shall bear interest at such rate or rates, including rates variable from time to time as determined by such index, banker's loan rate or other method as may be determined by the authorized officers, and shall mature at such time or times as may be determined by the authorized officers, except that no bond shall mature more than 40 years from the date of its issue or beyond the expiration of the expected useful life of the facilities being financed by the bonds as determined by the authorized officers. Bonds may be made redeemable before maturity at the option of the municipality at such price or prices and under such terms and conditions as may be fixed by the authorized officers prior to the issue of bonds. The authorized officers shall determine the form and details and the manner of execution of bonds. The municipality may sell its bonds in such manner, either at public or private sale, for such price, at such rate or rates of interest, or at such discount in lieu of interest, as the authorized officers may determine. The provisions of RSA 33:11-a, 14 and 15 shall apply to bonds issued under this chapter.

7 Municipal Electric Revenue Bonds; Authorization and Issuance of Bonds. Amend RSA 374-B:2, I to read as follows:

I. Any municipality, when authorized by a [2/3] 3/5 vote as defined in RSA 33:8 for bonds or notes not in excess of $100,000, or in RSA 33:8-a for other bonds or notes for towns and village districts or in RSA 33:9 for cities or RSA 33:8-d for towns which have adopted a charter pursuant to RSA 49-B, without a budgetary town meeting, may, subject to the approval of the commission under RSA 369:1, borrow money through the issue of revenue bonds to finance project costs, or its share of project costs, of electric power facilities. The commission in rendering its decision shall, in addition to the other requirements of said RSA 369:1, approve only such issue as the commission finds, after notice and opportunity for hearing, is appropriate to finance an electric power facility which is both consistent with the power needs of the state and necessary to supply the load plus reserve requirements created by the municipality's retail customers, and by such wholesale customers as may have existed on the day of the vote of the municipality, said load plus reserve requirements to be forecast by the municipality at a time 3 years beyond the scheduled date for commencement of commercial operation of the facility; in evaluating the ability of the municipality to supply its load plus reserve requirements at said time, the commission shall deduct from these requirements all capacity in other generating units to which the municipality will then be entitled by ownership or contract, including any contracts for the purchase of electricity to be in force at said time. The project costs to be financed may include finance charges, interest prior to and during the carrying out of any project and for a reasonable period thereafter, prepayments under contracts made pursuant to RSA 374-A:2, the funding of notes issued for project costs as hereinafter provided, such reserves for debt service (including a common reserve for debt service established pursuant to an agreement for consolidation of indebtedness under paragraph VI) or other capital or current expenses as may be required by a trust agreement or resolution securing notes or bonds, and all other expenses incidental to the determination of the feasibility of any project or to carrying out the project or to placing the project in operation.

8 Municipal Electric Revenue Bonds; Revenue Refunding Bonds. Amend RSA 374-B:12 to read as follows:

374-B:12 Revenue Refunding Bonds. Any municipality having bonds outstanding under this chapter, when authorized by a [2/3] 3/5 vote as defined in RSA 33:8 for towns and village districts and in RSA 33:9 for cities or RSA 33:8-d for towns which have adopted a charter pursuant to RSA 49-B, without a budgetary town meeting, may issue refunding bonds for the purpose of paying bonds issued by or on its behalf, at maturity or upon acceleration or redemption, subject to the approval of the commission under RSA 369:1. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service (including a common reserve for debt service established pursuant to an agreement for consolidation of indebtedness under RSA 374-B:2, VI) or other capital or current expenses from the proceeds of such refunding bonds as may be required by a trust agreement or resolution securing bonds or notes. The refunding bonds may be issued not more than 5 years prior to the maturity or redemption date of bonds being refunded. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties and obligations of the municipality in respect of the same shall be governed by the provisions of this chapter relating to the issue of bonds other than refunding bonds insofar as the same may be applicable, but no bonds shall be refunded to a date later than the refunded bonds could have matured hereunder.

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

2000-3618s

AMENDED ANALYSIS

This bill provides that a 3/5 majority vote shall be required to adopt bonds or notes in school districts and municipalities.

Senator Trombly moved to have SB 365-L, relative to the adoption of bonds or notes in certain school districts and municipalities, laid on the table.

SB 365-L, relative to the adoption of bonds or notes in certain school districts and municipalities.

Senator McCarley offered the following resolution.

2000 SESSION

00-2820

08/09

ANALYSIS

00-2820

08/09

STATE OF NEW HAMPSHIRE

Whereas, there is presently pending in the Senate, SB 365-LOCAL, "An Act relative to the adoption of bonds or notes in certain school districts and municipalities"; and

Whereas, there has been proposed to SB 365-LOCAL an amendment (document number 2000-3618s) which would generally reduce the voting majority required to authorize the issuance of bonds or notes in cities, towns, school districts, and village districts from 2/3 to 3/5; and

Whereas, SB 365-LOCAL with the proposed amendment does not provide for a local referendum accepting or declining the reduction in the voting majority; and

Whereas, it is important that the questions of the constitutionality of SB 365-LOCAL with the proposed amendment should be settled in the near future, and in any event before final passage by the senate; now therefore, be it

Resolved by the senate:

That the Justices of the Supreme Court be respectfully requested to give their opinion upon the following questions of law:

1. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the first sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that no law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters in a local referendum provided for in the law?

2. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the second sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that general laws authorizing cities and towns to adopt or amend their charters or forms of government shall become effective only upon the approval of the voters in a local referendum?

3. If under SB 365-LOCAL with the proposed amendment the majority voting requirements would differ between local political subdivisions with and without the optional voting procedures under RSA 40:13, will this result in the infringement of any person's rights under the equal protection, voting, or due process protections of the state or federal constitutions?

4. Do any other aspects of SB 365-LOCAL with the proposed amendment violate or conflict with any provisions of the state constitution?

That the clerk of the senate transmit copies of this resolution and copies of SB 365-LOCAL, as amended by document number 2000-3618s, to the justices of the New Hampshire supreme court.

SB 432-FN-A, relative to state assistance for teachers applying for national board certification, and making an appropriation therefor. Education Committee. Vote 6-0. Ought to pass with amendment, Senator Larsen for the committee.

2000-3607s

04/10

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

AN ACT relative to state assistance for teachers applying for national board certification.

Amend RSA 189:14-g, II as inserted by section 3 of the bill by replacing it with the following:

II. Beginning July 1, 2001, the department of education shall, from existing budgetary allocations, reimburse the course fee for a maximum of 10 teachers per fiscal year who successfully complete the NBPTS course. The department is hereby authorized to expend funds for the purpose of reimbursing NBPTS course fees in accordance with this section.

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

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

2000-3607s

AMENDED ANALYSIS

This bill provides that the department of education shall pay the costs associated with 10 teachers annually taking the National Board for Professional Teaching Standards certification course, and provides that teachers who obtain such certification shall be automatically certified as master teachers in New Hampshire.

SB 451, relative to site size standards for new school building construction. Education Committee. Vote 6-0. Inexpedient to Legislate, Senator McCarley for the committee.

SB 453, relative to the expending of legacies or gifts and the transfer of funds by the regional community-technical colleges. Education Committee. Vote 6-0. Ought to Pass, Senator Johnson for the committee.

HCR 25, opposing the President's action to establish vast roadless areas in the White Mountain National Forest without the consultation or input of the New Hampshire citizenry. Energy and Economic Development Committee. Vote 6-2. Ought to Pass, Senator F. King for the committee.

HB 1141, relative to access highways to public waters. Environment Committee. Vote 6-0

Ought to Pass, Senator Johnson for the committee.

HB 1186, extending the reporting date of the Sullivan county regional refuse disposal district issues study committee. Environment Committee. Vote 6-0. Ought to Pass, Senator Johnson for the committee.

HB 1386, designating segments of the Souhegan River as protected under the rivers management and protection program. Environment Committee. Vote 4-0. Ought to Pass, Senator Pignatelli for the committee.

SB 330, establishing a committee to study the impact of water withdrawals on instream flows. Environment Committee. Vote 5-1. Ought to pass with amendment, Senator Wheeler for the committee.

2000-3632s

04/01

Amend the bill by replacing section 3 with the following:

3 Duties.

I. The committee shall study the impact of water withdrawals on instream flows, including the relationship between water withdrawals and instream flows on rivers designated for protection under RSA 483 and the potential need for the incorporation of criteria for the maintenance of instream flow into water quality standards under RSA 485-A:8. The committee shall evaluate the instream flow provisions of RSA 483, as implemented by the department of environmental services, and shall recommend changes to RSA 483 and/or RSA 485-A to accomplish the purposes of watershed management for maintenance of instream flows.

II. The committee shall evaluate the effects of instream flow regulation on the rights of littoral and riparian property owners, including business and industrial operations.

SB 388-FN-L, assessing a surcharge on waste disposed at solid waste landfills and incinerators. Environment Committee. Vote 5-0. Inexpedient to Legislate, Senator Russman for the committee.

SB 378, relative to Article 9 of the Uniform Commercial Code. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Francoeur for the committee.

SB 404-FN, relative to costs in utility proceedings. Executive Departments and Administration Committee. Vote 5-0. Inexpedient to Legislate, Senator Francoeur for the committee.

SB 416-FN, relative to licensure of dietitians. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2000-3596s

08/09

Amend the bill by replacing section 1 with the following:

1 Statement of Purpose. The general court recognizes that dietitians play an important role in treating illness, injury and other medical conditions; and in improving the quality of life of seriously ill patients; all of which can result in cost savings to the health care system. The general court finds and declares that the practices of dietitians in the state of New Hampshire affect public health, safety, and welfare; these practices makes important and distinct contributions to patient care, and it is in the public's best interest to have qualified individuals who practice in this profession. In doing so, the general court recognizes that there are many aspects of nutrition and it is not the purpose of this act to restrict the ability of any person to provide advice, counseling, or assessments in matters of food, diet, or nutrition and to receive compensation for such services, thereby assuring that all persons can obtain nutrition and dietary information, dietary counseling, and information regarding food, food products, dietary supplements, and their proper use, from any source of that person’s choosing. The purpose of this act, therefore, is to establish regulations and standards of qualification, training, and experience for individuals who are practicing dietitians.

Senator Francoeur offered a floor amendment.

2000-3706s

08/10

Floor Amendment to SB 416-FN

Amend the bill by replacing section 1 with the following:

1 Statement of Purpose. The general court recognizes that dietitians play an important role in treating illness, injury and other medical conditions; and in improving the quality of life of seriously ill patients; all of which can result in cost savings to the health care system. The general court finds and declares that the practices of dietitians in the state of New Hampshire affect public health, safety, and welfare; these practices make important and distinct contributions to patient care, and it is in the public's best interest to have qualified individuals who practice in this profession. In doing so, the general court recognizes that there are many aspects of nutrition and it is not the purpose of this act to restrict the ability of any person to provide advice, counseling, or assessments in matters of food, diet, or nutrition and to receive compensation for such services, thereby assuring that all persons can obtain nutrition and dietary information, dietary counseling, and information regarding food, food products, dietary supplements, and their proper use, from any source of that person’s choosing. The purpose of this act, therefore, is to establish regulations and standards of qualification, training, and experience for individuals who are practicing dietitians.

Amend RSA 326-H:6, II as inserted by section 2 of the bill by replacing it with the following:

II. Members of the committee shall serve 3-year terms, shall hold office until successors are appointed and qualified, and shall serve no more than 2 terms.

Amend RSA 326-H:13, II as inserted by section 2 of the bill by replacing it with the following:

II. All licenses issued under this chapter shall expire on December 31, at 12:00 a.m. of the year in which the license was issued. The board shall cause notification of impending license expiration to be sent to each licensed person at least 60 days prior to the expiration of the license.

Amend RSA 326-H:15, II as inserted by section 2 of the bill by replacing it with the following:

II. Has been convicted of a class A felony or found guilty of malpractice or gross misconduct in practice as a dietitian.

HB 1200-FN, relative to the application of education property tax hardship relief to estate planning trusts and relative to eligibility for hardship relief. Finance Committee. Vote 7-0. Ought to pass with amendment, Senator F. King for the committee.

2000-3540s

09/10

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

AN ACT relative to the application of education property tax hardship relief to estate planning trusts.

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

1 Definitions; Homestead; Household Income. Amend RSA 198:50, II and III to read as follows:

II. "Homestead" means the dwelling owned by a claimant or, in the case of a multi-unit dwelling, the portion of the dwelling which is owned and used as the claimant's principal place of residence and the claimant's domicile for purposes of RSA 654:1. "Homestead" shall not include land and buildings taxed under RSA 79-A or land and buildings or the portion of land and buildings rented or used for commercial or industrial purposes. In this paragraph, the term "owned" includes:

(a) A vendee in possession under a land contract [and];

(b) One or more joint tenants or tenants in common; or

(c) A person who has equitable title, or the beneficial interest for life in the homestead.

III. "Household income" means the sum of the adjusted gross income for federal income tax purposes of the claimant and any member of the claimant's household who resides in the homestead for which a claim is made. "Household income" shall also include all income of any trust through which the claimant holds equitable title, or the beneficial interest for life, in the homestead.

2 Education Property Tax Hardship Relief. Amend RSA 198:51, VII to read as follows:

VII. Each claim shall be accompanied by a copy of the claimant’s federal income tax return filed by the claimant for the immediately prior tax period. Claimants who were not required to file a federal tax return for the immediately prior tax period may submit an affidavit to such effect in lieu of a tax return which document shall include the claimant’s social security number. A claimant who asserts ownership in a homestead because he or she holds equitable title, or the beneficial interest for life, in the homestead shall also submit a copy of the document creating such interest and a copy of the federal tax return, if any, for the immediately prior tax period, of the trust holding legal title to the homestead. Any documents submitted shall be considered confidential, [handled so as to protect the privacy of the claimant, and shall be destroyed after all appeal periods have expired] and protected under RSA 21-J:14.

3 Applicability. A person who qualifies to submit a claim for education property tax hardship relief under RSA 198:50, II(c), as inserted by section 1 of this act, shall have 30 days from the effective date of this act to resubmit a claim or make an original claim.

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

2000-3540s

AMENDED ANALYSIS

This bill clarifies the application of education property tax hardship relief to estate planning trusts.

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. Finance Committee. Vote 7-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-3562s

04/01

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

AN ACT relative to conducting a feasibility study of various alternatives to enhance safety at the traffic circle in the city of Portsmouth.

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

1 Feasibility Study; Report. The commissioner of the department of transportation shall conduct a feasibility study of various alternatives designed to enhance safety at the traffic circle in the city of Portsmouth. In conducting the study, the commissioner shall use existing budgetary allocations and resources within the department of transportation. The commissioner shall submit a report of all findings, and any recommendations for proposed legislation, to the senate president, the speaker of the house of representatives, and the chairpersons of the house and senate transportation committees, on or before November 1, 2000.

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

2000-3562s

AMENDED ANALYSIS

This bill requires that the commissioner of the department of transportation, using existing budgetary allocations and resources, conduct a feasibility study of various alternatives to enhance safety at the traffic circle in the city of Portsmouth.

SB 414-FN, reorganizing the divisions of the department of corrections. Finance Committee. Vote 7-0. Ought to pass with amendment, Senator Fraser for the committee.

2000-3567s

09/01

Amend the bill by replacing section 3 with the following:

3 Change From Division of Field Services" to "Division of Community Services." Amend the following RSA provisions by replacing "division of field services" with "division of community services": 6:12, I(ooo); the introductory paragraph of 100-A:1, VII(f); 504-A:13, III; 597:2, V(c); and 651:63, V.

Amend the bill by replacing section 5 with the following:

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

SB 443-FN, relative to veterinarian reimbursement for the animal population control program. Finance Committee. Vote 7-0. Ought to Pass, Senator F. King for the committee.

SB 393, relative to single producer licensing. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Fraser for the committee.

2000-3592s

01/09

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

1 New Chapter; Producer Licensing. Amend RSA by inserting after chapter 402-I the following new chapter:

CHAPTER 402-J

Producer Licensing

402-J:1 Purpose and Scope.

I. This chapter governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes some statutory language to improve efficiency and reduce costs associated with issuing and renewing insurance licenses.

II. This chapter applies to all persons required to be a licensed producer pursuant to the provisions of RSA 402:15; RSA 405:15; RSA 405:24; RSA 405:44-b; RSA 406-C:3; RSA 407-C:3; RSA 408:42; RSA 416-A:15; RSA 418:5-a; RSA 420-A:7; RSA 420-B:18, RSA 420-F:3 and New Hampshire code of administrative rules Ins 2501.03. This chapter does not apply to excess and surplus lines agents and brokers licensed pursuant to RSA 405:24, except as provided in RSA 402-J:8 and RSA 402-J:16. This chapter does not apply to consultants licensed pursuant to RSA 405:44-b, except as provided in RSA 402-J:8 and RSA 402-J:16.

III. All valid agents’, brokers’, and consultants’ licenses as of January 1, 2001 shall remain valid until a new producer license is issued together with all necessary appointments unless cancelled, expired, or revoked.

402-J:2 Definitions. In this chapter:

I. "Business entity" means a corporation, association, partnership, limited liability company or partnership, or other legal entity.

II. "Commissioner" means the insurance commissioner of the state of New Hampshire.

III. "Home state" means the District of Columbia and any state or territory of the United States in which an insurance producer maintains his or her principal place of residence or principal place of business and is licensed to act as a resident insurance producer.

IV. "Insurance" means any of the lines of authority in RSA 401:1 and RSA 401:1-a.

V. "Insurance producer" means a person required to be licensed under the laws of this state in the capacity of agent, broker, or consultant who sells, solicits or negotiates insurance.

VI. "License" means a document issued or caused to be issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. The license itself does not create any authority, actual, apparent, or inherent, in the holder to represent or commit an insurance carrier.

VII. "Limited line credit insurance" includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, automobile dealer gap insurance, and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited lines credit insurance.

VIII. "Limited line credit insurance producer" means a person who sells, solicits or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate or group policy.

IX. "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of such contract, provided that the person engaged in that act either sells insurance, or obtains insurance from insurers for purchasers.

X. "Person" means an individual or business entity.

XI. "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company.

XII. "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company.

XIII. "Terminate" means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer’s authority to transact insurance.

XIV. "Uniform application" means the current version of the NAIC uniform application for resident and nonresident producer licensing.

XV. "Uniform business entity application" means the current version of the NAIC uniform business entity application for resident and nonresident business entities.

402-J:3 Licensed Required. A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this chapter.

402-J:4 Exceptions to Licensing.

I. Nothing in this chapter shall be construed to require an insurer to obtain an insurance producer license.

II. A license as an insurance producer shall not be required of the following:

(a) An officer, director, or employee of an insurance producer, provided that the officer, director, or employee does not receive any commission on policies written or sold to insure risks residing, located or to be performed in this state and:

(1) The officer, director, or employee’s activities are other than the sale, solicitation, or negotiation of insurance, i.e., executive, administrative, managerial, clerical, or a combination of these; or

(2) The officer, director, or employee’s function relates to underwriting, loss control, inspection or the processing, adjusting, investigating, or settling of a claim on a contract of insurance; or

(3) Employees of an insurer or of an insurance producer who respond to requests from existing policyholders on existing policies, provided that those employees are not directly compensated based on the volume of premiums that may result from these services and provided those employees do not otherwise sell, solicit or negotiate insurance.

(b) A person who secures and furnishes information for the purpose of group life insurance, group or mass marketed property and casualty insurance, group annuities, group or blanket accident and health insurance; or for the purpose of enrolling individuals under plans; issuing certificates under plans or otherwise assisting in administering plans; where no commission is paid to the person for the service.

(c) An employer or its officers, directors, employees, or the trustees of an employee trust plan, to the extent that the employers, officers, employees, director, or trustees are engaged in the administration or operation of a program of employee benefits for the employer’s own employees or the employees of its subsidiaries or affiliates, which program involves the use of insurance issued by an insurer, as long as the employers, officers, directors, employees, or trustees are not in any manner compensated, directly or indirectly, by the company issuing the contracts.

(d) Employees of insurers or organizations employed by insurers who are engaging in the inspection, rating or classification of risks, or in the supervision of the training of insurance producers and who are not individually engaged in the sale, solicitation or negotiation of insurance.

(e) A person whose activities in this state are limited to advertising without the intent to solicit insurance in this state through communications in printed publications or other forms of electronic mass media whose distribution is not limited to residents of the state, provided that the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this state.

(f) A person who is not a resident of this state who sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract, provided that that person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state.

(g) A salaried full-time employee who counsels or advises his or her employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer provided that the employee does not sell or solicit insurance or receive a commission.

402-J:5 Application for Examination. A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to RSA 402-J:9. The examination shall test the knowledge of the individual concerning the class or classes of insurance for which application is made, the duties and responsibilities of an insurance producer and the insurance laws and regulations of this state. The commissioner may make arrangements for administering examinations. Examinations required by this section shall be developed and conducted under title XXXVII and rules adopted by the commissioner.

402-J:6 Application for License.

I. An individual applying for a resident insurance producer license shall make application to the commissioner on a uniform application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual’s knowledge and belief. Before approving the application, the commissioner shall find that the individual:

(a) Is at least 18 years of age.

(b) Has not committed any act that is a ground for denial, suspension, or revocation set forth in RSA 402-J:12.

(c) Has completed an approved prelicensing course of study for the lines of authority for which the person has applied.

(d) Has paid the fees set forth in RSA 400-A:29.

(e) Has successfully passed the examination or examinations for the line or lines of authority for which the person has applied.

(f) Is a suitable person and intends to hold himself or herself out in good faith as an insurance producer.

II. A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using the uniform business entity application. Before approving the application the commissioner shall find that:

(a) The business entity has paid the fees set forth in RSA 400-A:29; and

(b) The business entity has designated a licensed producer responsible for the business entity’s compliance with the insurance laws, rules, and regulations of this state.

III. The commissioner may require any documents reasonably necessary to verify the information contained in an application.

IV. Training of individuals who sell, solicit or negotiate limited line credit insurance. Each insurer that sells, solicits or negotiates any form of limited line credit insurance shall provide to each individual whose duties will including selling, soliciting or negotiating limited line credit insurance a program of instruction that is approved by the commissioner.

402-J:7 License.

I. Unless denied licensure pursuant to RSA 402-J:12, persons who have met the requirements of RSA 402-J:5 and RSA 402-J:6 shall be issued an insurance producer license. An insurance producer may receive qualification for a license in one or more of the following lines of authority:

(a) Life insurance coverage on human lives including benefits of endowment, annuities, and may include benefits in the event of death or dismemberment by accident and benefits for disability income.

(b) Accident and health or sickness insurance coverage for sickness, bodily injury, or accidental death and may include benefits for disability income.

(c) Property insurance coverage for the direct or consequential loss or damage to property of every kind. Casualty insurance coverage against legal liability, including that for death, injury, or disability or damage to real or personal property.

(d) Variable life and variable annuity products insurance coverage provided under variable life insurance contracts, variable annuities, or any other life insurance or annuity product that reflects the investment experience of a separate account, provided the individual already holds a producer license for life insurance.

(e) Lines of authority as set forth in subparagraphs (a), (b), (c), and (d), limited by the commissioner to the extent agreed upon with the applicant and set forth in the license.

(f) Credit-limited line credit insurance.

(g) Any other line of insurance permitted under state law or rules.

II. An insurance producer license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and educational requirements for resident individual producers are met by the due date.

III. An individual insurance producer who allows his or her license to lapse may, within 24 months from the due date of the renewal fee, obtain the same license without the necessity of passing a written examination, provided that educational requirements for resident individual producers are met by the due date. However, a penalty in the amount of double the unpaid renewal fee shall be required for any renewal fee received after the due date.

IV. A licensed insurance producer who is unable to comply with license renewal procedures due to military service or some other extenuating circumstance may request a waiver of renewal procedures. The producer may also request a waiver of any examination requirement or any other fine or sanction imposed for failure to comply with renewal procedures.

V. The license shall contain the licensee’s name, address, social security number or other federal identification number, and the date of issuance, lines of authority, the expiration date, and any other information the commissioner deems necessary.

VI. Licensees shall inform the commissioner by any means acceptable to the commissioner of a change of legal name, state of residence, business address, and mailing address within 30 days of the change. Failure to timely inform the commissioner of a change in legal name, state of residence, business address, or mailing address shall result in an additional fee pursuant to RSA 400-A:29.

402-J:8 Nonresident Licensing.

I. Unless denied licensure pursuant to RSA 402-J:12, a nonresident shall receive a nonresident producer license if:

(a) The person is currently licensed as a resident and in good standing in his or her home state.

(b) The person has submitted the proper request for licensure and has paid the fees required by RSA 400-A:29.

(c) The person has submitted or transmitted to the commissioner the application for licensure that the person submitted to his or her home state, or in lieu of same, a completed uniform application.

(d) The person’s home state awards nonresident producer licenses to residents of this state on the same basis.

II. A nonresident producer who moves from one state to another state or a resident producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within 30 days of the change of legal residence. No fee or license application is required.

III. The commissioner may verify the producer’s licensing status through the producer database maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries.

IV. Notwithstanding any other provision of this chapter, a person licensed as a surplus lines producer in his or her home state shall receive a nonresident surplus lines producer license pursuant to paragraph I of this section. Except as provided in paragraph I, nothing in this section otherwise amends or supercedes any provision of RSA 405:24 through RSA 405:31.

V. Notwithstanding any other provision of this chapter, a person licensed as a limited line credit insurance or other type of limited lines producer in his or her home state shall receive a nonresident limited lines producer license, pursuant to paragraph I of this section, granting the same scope of authority as granted under the license issued by the producer’s home state.

VI. Notwithstanding any other provision of this chapter, a person licensed as a consultant in his or her home state shall receive a nonresident consultant license, pursuant to paragraph I of this section, granting the same scope of authority as granted under the license issued by the consultant’s home state.

402-J:9 Exemption and Examination.

I. An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any pre-license education or examination, except for the laws and rules of New Hampshire. This exemption is only available if the person is currently licensed in said state, or if the application is received within 90 days of the cancellation of the applicant’s previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state for the lines of authority requested.

II. A person licensed as an insurance producer in another state who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to RSA 402-J:6, except that no pre-license education or examination, except for the laws and rules of New Hampshire, shall be required of that person to obtain any line of authority previously held in the prior state.

III. Upon payment of the fee required under RSA 400-A:29, and if the commissioner is satisfied that the applicant is a suitable person and intends to hold himself or herself out in good faith as an insurance producer, and upon filing a completed producers application, the commissioner may waive the written examination required for an applicant for a license under RSA 402-J:5 upon whom has been conferred the Chartered Property Casualty Underwriter (CPCU) designation by the American Institute for Property and Liability Underwriters, Inc., and who is a member in good standing of the Society of Chartered Property and Casualty Underwriters, or upon whom has been conferred the Chartered Life Underwriter (CLU) designation by The American College, or by its predecessor organization, the American College of Life Underwriters, and who is a member in good standing of The American Society of Chartered Life Underwriters.

402-J:10 Assumed Names. An insurance producer doing business under any name other than the producer’s legal name is required to notify and obtain approval of the commissioner prior to using the assumed name.

402-J:11 Temporary Licensing.

I. The commissioner may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business in the following cases:

(a) To the surviving spouse, or if none any person deemed suitable by the commissioner, or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the producer or for the recovery or return of the producer to the business or to provide for the training and licensing of new personnel to operate the producer’s business.

(b) To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license.

(c) To the designee of a licensed insurance producer entering active service in the armed forces of the United States of America.

(d) Termination of an agency.

(e) In any other circumstance where the commissioner deems that the public interest will best be served by the issuance of a temporary license.

II. The commissioner may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The commissioner may by order revoke a temporary license if the interest of insureds or the public are endangered. A temporary license may not continue after the owner or the personal representative disposes of the business.

402-J:12 License Denial, Nonrenewal, or Revocation.

I. The commissioner may place on probation, suspend, revoke, or refuse to issue or renew an insurance producer’s license, except where another penalty is expressly provided, for any one or more of the following causes:

(a) Providing incorrect, misleading, incomplete, or materially untrue information in the license application.

(b) Violating any insurance laws, or violating any rule, regulation, subpoena, or order of the commissioner or of another state’s insurance commissioner.

(c) Obtaining or attempting to obtain a license through misrepresentation or fraud.

(d) Improperly withholding, misappropriating, or converting any moneys or properties in the course of doing insurance business.

(e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.

(f) Having been convicted of a felony.

(g) Having admitted or been found to have committed any insurance unfair trade practice or fraud.

(h) Using fraudulent, coercive, or dishonest practices, or incompetence, untrustworthiness and/or financial irresponsibility in the conduct of business in this state or elsewhere.

(i) Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory.

(j) Forging another’s name to an application for insurance or to any document related to an insurance transaction.

(k) Improperly using notes or any other reference material to complete an examination for an insurance producer license.

(l) Knowingly having accepted insurance business from an individual who is not licensed.

(m) Being found after hearing that the conduct of the producer is unsuitable to act as a licensed insurance producer.

II. In the event that the action by the commissioner is to nonrenew or to deny an application for a license, the commissioner shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant’s or licensee’s license. The applicant or licensee may make written demand upon the commissioner for a hearing before the commissioner to determine the reasonableness of the commissioner’s action pursuant to RSA 400-A:17.

III. The license of a business entity may be suspended, revoked, or refused if the commissioner finds, after hearing, that an individual licensee’s violation was known or should have been known by one or more of the partners, officers, or managers acting on behalf of the partnership or corporation and the violation was neither reported to the commissioner nor had any corrective action taken.

IV. In addition to or in lieu of any applicable denial, suspension, or revocation of a license, a person violating this chapter shall, after hearing, be subject to an administrative fine pursuant to RSA 400-A:15, III.

V. The commissioner shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and title XXXVII against any person who is under investigation for or charged with a violation of this chapter or title XXXVII even if such person’s license or registration has been surrendered or has lapsed by operation of law.

VI. The commissioner shall publish a notice of the revocation of a producer’s license in such a manner as the commissioner deems appropriate for the protection of the public.

402-J:13 Commissions.

I. An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this chapter and is not so licensed.

II. A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this chapter and is not so licensed.

III. Renewal or other deferred commission may be paid to a person for selling, soliciting or negotiating insurance in this state if the person was required to be licensed under this chapter at the time of the sale, solicitation or negotiation and was so licensed at that time.

IV. An insurer or insurance producer may pay or assign commissions, service fees, brokerages or other valuable consideration to an insurance agency or to persons who do not sell, solicit or negotiate insurance in this state, unless the payment would violate RSA 417:4, IX.

402-J:14 Appointments and Authority.

I. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer.

II. To appoint a producer as its agent, the appointing insurer shall verify the eligibility of the applicant and file, in a form and format approved by the commissioner, a notice of appointment within 15 days from the date the agency contract is executed or the first insurance application is submitted.

III. An insurer shall pay appointment fees, in the amount and method of payment set forth in RSA 400-A:29 for each insurance producer appointed by the insurer.

IV. While such producer’s appointment remains in force, an insurer shall be bound by the acts of the person named therein within his or her apparent authority as its acknowledged producer.

V. No such company shall issue a policy or other evidence of insurance through an unlicensed producer or other unlicensed person. Any violation of this provision shall after hearing, subject the insurer to an administrative fine pursuant to RSA 400-A:15, III, and, upon repeated violations, the commissioner may suspend or revoke the license of the company.

402-J:15 Notification to Commissioner of Termination; Confidentiality; Penalties.

I. An insurer or authorized representative of the insurer that terminates the appointment, employment, contract or other insurance business relationship with a producer shall notify the commissioner within 15 days following the effective date of the termination under RSA 402:15-c, using a form or format prescribed by the commissioner, if the reason for termination is one of the reasons set forth in RSA 402-J:12 or the insurer has knowledge the producer was found by a court, government body, or self-regulatory organization authorized by law, to have engaged in any of the activities in RSA 402-J:12. Upon the written request of the commissioner, the insurer shall provide additional information, documents, records, or other data pertaining to the termination or activity of the producer.

II. An insurer or authorized representative of the insurer that terminates the appointment, employment, or contract with a producer for any reason not set forth in RSA 402-J:12, shall notify the commissioner within 15 days following the effective date of the termination, using a form or format prescribed by the commissioner. Upon written request of the commissioner, the insurer shall provide additional information, records or other data pertaining to the termination.

III. The insurer or the authorized representative of the insurer shall promptly notify the commissioner in a form or format acceptable to the commissioner if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the commissioner in accordance with paragraph I had the insurer then known of its existence.

IV.(a) Within 15 days after making the notification required by paragraphs I, II, and III, the insurer shall mail a copy of the notification to the producer at his or her last known address. If the producer is terminated for cause for any of the reasons listed in RSA 402-J:12, the insurer shall provide a copy of the notification to the producer at his or her last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier.

(b) Within 30 days after the producer has received the original or additional notification, the producer may file written comments concerning the substance of the notification with the commissioner. The producer shall, by the same means, simultaneously send a copy of the comments to the reporting insurer, and the comments shall become a part of the commissioner’s file and accompany every copy of a report distributed or disclosed for any reason about the producer as submitted under RSA 402-J:15, VII.

V.(a) In the absence of actual malice, an insurer, the authorized representative of the insurer, a producer, the commissioner, or an organization of which the commissioner is a member and that compiles the information and makes it available to other insurance commissioners, or regulatory or law enforcement shall not be subject to civil liability, and a civil cause of action of any nature shall not arise against these entities or their respective agents or employees, as a result of any statement or information required by or provided pursuant to this section or any information relating to any statement that may be requested in writing by the commissioner, from an insurer or producer; or a statement by a terminating insurer or producer to an insurer or producer limited solely and exclusively to whether a termination for cause under paragraph I was reported to the commissioner, provided that the propriety of any termination for cause under paragraph I is certified in writing by an officer or authorized representative of the insurer or producer terminating the relationship.

(b) In any action brought against a person that may have immunity under subparagraph V(a) for making any statement required by this section or providing any information relating to any statement that may be requested by the commissioner, the party bringing the action shall plead specifically in any allegation that subparagraph V(a) does not apply because the person making the statement or providing the information did so with actual malice.

(c) Subparagraphs V(a) and (b) shall not abrogate or modify any existing statutory or common law privileges or immunities.

VI.(a) Any documents, materials, or other information in the control or possession of the insurance department that is furnished by an insurer, producer, or an employee or agent thereof acting on behalf of the insurer or producer, or obtained by the commissioner in an investigation pursuant to this chapter shall be confidential by law and privileged, shall not be subject to RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. The commissioner is authorized to use such documents, materials, or other information in the furtherance of any regulatory or legal action brought as part the commissioner’s official duties.

(b) Neither the commissioner nor any person who received documents, materials, or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subparagraph VI(a).

(c) In order to assist in the performance of his or her duties under this chapter, the commissioner may:

(1) Share documents, materials, or other information, including the confidential and privileged documents, materials, or information under subparagraph VI(a), with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners, its affiliates or subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information.

(2) Receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners, its affiliates or subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice of the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.

(3) No waiver of any applicable privilege or claim of confidentiality in the documents, materials or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized herein.

(d) Nothing in this chapter shall prohibit the commissioner from releasing final, adjudicated actions including for cause terminations that are open to public inspection pursuant to RSA 91-A to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries.

VII. An insurer, the authorized representative of the insurer, or producer that fails to report as required under the provisions of RSA 402-J:15 or that is found to have reported with actual malice by a court of competent jurisdiction may, after notice and hearing, have its license or certificate of authority suspended or revoked and may be fined in accordance with RSA 400-A:15, III.

402-J:16 Reciprocity.

I. The commissioner shall not assess a greater fee for an insurance license or related service to a person not residing in this state, or to a company not domiciled in this state, based solely on the fact that the person does not reside in this state or that corporation is not domiciled in this state.

II. The commissioner shall waive any application or license requirements for a nonresident license applicant with a valid license from his or her home state except the requirements imposed by RSA 402-J:8, if the applicant’s home state awards nonresident licenses to residents of this state on the same basis.

III. Only residents of this state or residents in any other state granting similar licenses to residents of this state shall be eligible to receive licenses as insurance producers.

IV. A nonresident producer’s satisfaction of his or her home state’s continuing education requirements for licensed producers shall constitute satisfaction of this state’s continuing education requirements if the nonresident producer’s home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this state on the same basis.

402-J:17 Reporting of Actions.

I. A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within 15 days of the final disposition of the matter. The report shall include a copy of the order, consent to order, or other relevant legal documents.

II. Within 15 days of the initial pretrial hearing date, a producer shall report to the commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.

402-J:18 Rules. The commissioner may, in accordance with RSA 541-A adopt reasonable rules as are necessary or proper to carry out the purpose of this chapter.

402-J:19 Severability. If any provisions of this chapter, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the chapter, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.

2 Fees Amended. Amend RSA 400-A:29, VII(c) to read as follows:

(c) [Agent’s] Producer’s license.

(1) Application fee [$ 15] $ 60

(2) [Initial] Original license [$ 20] $150

(3) Biennial renewal [$ 20] $150

(4) Lifetime registration fee $ 25

(6) Amendment to license $ 50

3 Fees Amended. Amend RSA 400-A:29, VIII(d), to read as follows:

(d) [Agent’s] Producer’s license.

(1) Application fee [$ 15] $ 60

(2) [Initial] Original license [fee] [$ 10] $150

(3) [Annual] Biennial renewal [$ 10] $150

(4) Lifetime registration fee $ 25

(6) Amendment to license $ 50

4 Fees Amended. Amend RSA 400-A:29, IX and X to read as follows:

IX. [Agents] Producers. Application

[(other than variable annuities) exam] fee [$ 15] $ 60

(a) Original license; life,

[health and accident, property-liability]

accident and health, property casualty,

title and fraternal, 2-year term [$ 10] $150

(b) Biennial renewal; term life,

health and accident, property-liability,

title and fraternal, 2-year term [$ 10] $150

(e) Amendment to license $ 50

X. [Brokers] Producers

(a) Application [examination] fee [$ 15] $ 60

(b) Original license [$ 30] $175

(c) Biennial renewal [$ 30] $175

(d) Amendment to license $ 50

5 Fees Amended. Amend RSA 400-A:29, XI(b) to read as follows:

(b) [Brokers] Producers

(1) Application fee [$ 15] $ 60

(2) Original license [$100] $150

(3) [Annual] Biennial renewal [$ 50] $150

(4) Amendment to license $ 50

6 Fees; Other Licensing Documents. RSA 400-A:29, XIII is repealed and reenacted to read as follows:

XIII. Other Licensing Documents

(a) Qualification/clearance letters $ 10

(b) Duplicate licenses $ 10

(c) Continuing education status reports $ 5

(d) Facsimile copies (all documents) $ 1 per page

(e) Mail return fee, incorrect names, addresses $ 25

7 Fees Amended. RSA 400-A:29, XIV(a) is repealed and reenacted to read as follows:

(a) Producer; amendment to life license $ 50

8 Fees; Insurance Consultants. Amend RSA 429-A:29, XIX to read as follows:

XIX. Insurance consultants

(a) Application [examination] fee [$ 15] $ 60

(b) Original license [$ 30] $150

(c) Biennial renewal [$ 30] $150

9 Eligibility as Agent. RSA 402:15 is repealed and reenacted to read as follows:

402:15 Eligibility as Agent. An insurance producer license to act as an agent shall be issued to any eligible person or business entity pursuant to the provisions of RSA 402-J.

10 Definition Amended. RSA 405:15 is repealed and reenacted to read as follows:

405:15 Definition; Agent. An insurance producer license to act as an agent shall be issued to any eligible person or business entity pursuant to the provisions of RSA 402-J.

11 Reference Change. Amend RSA 405:17-b to read as follows:

405:17-b Insuring Through Agents. Foreign insurance or surety companies, although authorized to transact business within this state, shall only make, write, place, or cause to be made, written, or placed, policies or contracts of insurance or suretyship which are to be effective within this state through [agents] producers who are regularly commissioned and licensed to transact business in this state.

12 Issue. Amend RSA 405:24 to read as follows:

405:24 Issue. The commissioner, [upon the annual payment of a fee as provided in RSA 400-A:29] pursuant to RSA 402-J, may issue [licenses] a producer license to [licensed] a resident [agents] agent of the state[, subject to revocation at the pleasure of the commissioner,] permitting the agent named therein to procure insurance policies and contracts of insurance or suretyship to be effective in this state in foreign insurance companies not authorized to transact business in this state, but which are duly authorized to do business in some state having an insurance commissioner. [All such licenses shall expire annually on March 31.] Such insurance or suretyship placed with an unadmitted company shall be for such amount as the agent cannot place with an admitted company, and shall not be placed until the agent has first satisfied the insurance commissioner that [he] the agent cannot procure such an insurance in an admitted company. [Every licensee] Before delivering to the insured a policy or binder of insurance written under the provisions of this section, every agent shall have stamped in a form approved by the commissioner on the face of the binder or policy the following: "The company issuing this policy has not been licensed by the state of New Hampshire and the rates charged have not been approved by the commissioner of insurance. If the company issuing this policy becomes insolvent, the New Hampshire insurance guaranty fund shall not be liable for any claims made against the policy."

13 Brokers; Producer License. RSA 405:34 is repealed and reenacted to read as follows:

405:34 Brokers; Producer License. An insurance producer license to act as a broker shall be issued to any eligible person or business entity pursuant to the provisions of RSA 402-J.

14 Insurance Consultants. Amend RSA 405:44-a to read as follows:

405:44-a License Required; Limited Authorization.

I. No person, corporation, partnership or association shall, for a fee received or to be received, offer to examine, or examine or aid in examining, any policy of insurance or any annuity or pure endowment contract for the purpose of giving, or give or offer to give, any advice, counsel, recommendation or information in respect to the terms, conditions, benefits, coverage or premium of any such policy or contract, or in respect to the expediency or advisability of altering, changing, exchanging, converting, replacing, surrendering, continuing, renewing or rejecting any such policy or contract, or of accepting or procuring any such policy or contract from any company, or, in or on advertisements, cards, signs, circulars or letterheads, or elsewhere, or in any other way or manner by which public announcements are made, use the title "insurance consultant," "insurance adviser," "insurance specialist," "insurance counselor," "insurance analyst," "policyholders' advisor," "policyholders' counselor," or any other similar title, or any title, word or combination of words indicating that he gives, or is engaged in the business of giving, advice, counsel, recommendation or information to holders of policies of insurance or annuity or pure endowment contracts, unless he or she holds a license as an insurance consultant under the provisions of [this subdivision] RSA 402-J.

II. No person, corporation, partnership or association shall, by the granting of a license under [this subdivision] RSA 402-J, be construed to have been authorized to be other than a consultant on insurance matters.

III. The term "fee" as used in this section means compensation paid by a person served by any person required to be licensed under [this section] RSA 402-J. Fee shall not be construed to mean the commission paid to a licensed insurance agent or broker by an insurer.

15 Reference Addition; Insurance Consultants. Amend RSA 405:44-b, I to read as follows:

I. The commissioner may, upon receipt of a fee [of $30] pursuant to RSA 400-A:29, issue to any person who has attained the age of 18 or to any corporation, partnership or association a license to act as an insurance consultant. The applicant for the license shall [file with the commissioner a written application in such manner and form as the commissioner shall prescribe, stating the line or lines of insurance for which the applicant desires such a license. If the commissioner is satisfied that the applicant is trustworthy, competent, of good moral character and financially responsible, he shall issue the license, which shall expire on June 14 of the second year after issuance, unless sooner revoked or suspended as provided in this section] apply for such license pursuant to the provisions of RSA 402-J.

16 Renewals. Amend RSA 408:49 to read as follows:

408:49 Renewal of Agent’s Registration. [Registration of an agent may be renewed from year to year,] Biennial renewal of an agent may be made upon the request of the insurance corporation authorized to issue variable contracts pursuant to the provisions of RSA 402-J and the payment of [$25] the fee required in RSA 400-A:29.

17 Reference Changes. Amend RSA 406-C:3 to read as follows:

406-C:3 License for Insurance Sales. A financial institution and the employees of a financial institution conducting insurance sales shall be required to obtain [an agent's or broker's] a producer’s license authorizing the sale of insurance by complying with the licensing requirements of RSA [402:16 or RSA 405:32] 402-J.

18 Reference Addition. Amend RSA 407-C:3 to read as follows:

407-C:3 Agents. No person, for himself or in behalf of any individual, firm, association, or corporation, shall sell, or offer to sell, any such road or other service, without being licensed therefor by the insurance commissioner pursuant to the provisions of RSA 402-J.

19 Reference Change. Amend RSA 416-A:15, I to read as follows:

I. Title insurance agents shall be licensed in the manner provided for agents of insurance companies by RSA [402:15 through RSA 402:26] 402-J, except as otherwise provided in this section.

20 Producer Licenses. Amend RSA 416-A:15, IV to read as follows:

IV. The commissioner of insurance may require such examination of applicants for producer licenses as title insurance agents as he or she shall consider necessary to carry out the purposes of this chapter.

21 Reference Change. Amend RSA 418:5-a, II to read as follows:

II. Any agent of a fraternal benefit society, whether foreign or domestic, who shall so act within this state, shall be licensed by the insurance commissioner in accordance with provisions of RSA [402:15-402:23] 402-J.

22 Health Service Corporations. Amend RSA 420-A:7, I to read as follows:

I. No person, for himself or in behalf of any person, shall sell or offer to sell any such health service as is provided for in this chapter without being licensed therefor by the commissioner pursuant to RSA 402-J.

23 Reference Addition. Amend RSA 420-B:18, to read as follows:

420-B:18 Regulation of Agents. All persons engaged in the solicitation or enrollment of enrolled participants shall be duly licensed agents for the sale of health insurance in the state pursuant to the provisions of RSA 402-J.

24 Agent Licensed; Delta Dental. Amend RSA 420-F:3, I to read as follows:

I. No person, for himself or in behalf of any person, shall sell or offer to sell any Delta benefit plan, as is provided for in this chapter, without being licensed by the commissioner pursuant to the provisions of RSA 402-J.

25 Reference Change. Amend RSA 402:16-a, I to read as follows:

I. The commissioner may issue a limited travel agent's license without examination to a resident of this state upon filing with the commissioner an application for a license and the fee prescribed in RSA [402:16 and RSA 402:17] 400-A:29.

26 Repeals. The following are repealed:

I. RSA 402:16, relative to agent’s examination and license.

II. RSA 402:17, relative to notice form.

III. RSA 402:18, relative to examination waiver.

IV. RSA 402:18-a, relative to examination waiver.

V. RSA 402:19, relative to license to represent additional underwriters.

VI. RSA 402:20, relative to license renewal.

VII. RSA 402:21, relative to temporary license.

VIII. RSA 402:22, relative to license revocation.

IX. RSA 402:23, relative to license expiration.

X. RSA 402:25, relative to agent’s authority.

XI. RSA 402:26, relative to unlicensed agents.

XII. RSA 405:16, relative to residence.

XIII. RSA 405:17, relative to license required.

XIV. RSA 405:17-a, relative to expiration or revocation of license.

XV. RSA 405:32, relative to examination and fees.

XVI. RSA 405:33, relative to other state’s license.

XVII. RSA 405:35, relative to license application.

XVIII. RSA 405:36, relative to expiration.

XIX. RSA 405:37, relative to violation.

XX. RSA 405:37-a, relative to penalties.

XXI. RSA 405:39, relative to renewal.

XXII. RSA 405:40, relative to revocation.

XXIII. RSA 405:41, relative to publication of revocation.

XXIV. RSA 405:42, relative to limited license.

XXV. RSA 405:44, relative to commissions.

XXVI. RSA 405:44-b, II and III, relative to insurance consultants.

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

SB 395-FN-L, relative to creditable service for eligibility by retired teachers for payment of medical benefits. Insurance Committee. Vote 5-0. Interim Study, Senator Squires for the committee.

HB 730-FN, establishing a house committee to review methods for recording committee sessions, authorizing a request for proposals, and making an appropriation therefor. Internal Affairs Committee. Vote5-0. Ought to Pass, Senator Trombly for the committee.

HB 1223, changing the name, amending the duties, and extending the reporting date of the committee to study the unclassified salary structure for state officers. Internal Affairs Committee. Vote 5-0. Ought to Pass, Senator Fraser for the committee.

SB 301, relative to prohibiting the department of resources and economic development from selling to or making leases with certain entities on state park or state forest lands without prior approval by the general court. Internal Affairs Committee. Vote 4-1. Inexpedient to Legislate, Senator Francoeur for the committee.

Senator Fernald moved to have SB 301, relative to prohibiting the department of resources and economic development from selling to or making leases with certain entities on state park or state forest lands without prior approval by the general court, laid on the table.

SB 423, relative to the New Hampshire state flag. Internal Affairs Committee. Vote 3-2. Ought to pass with amendment, Senator D'Allesandro for the committee.

2000-3548s

04/01

Amend RSA 3:2 as inserted by section 1 of the bill by replacing it with the following:

3:2 State Flag. The state flag shall be of the following color and design: The body or field shall be blue and shall bear upon [its center] one side, in suitable proportion and colors a representation of the [state seal. The seal shall be surrounded by a wreath of laurel leaves with nine stars interspersed.] Old Man of the Mountain. To the left of the representation of the Old Man of the Mountain, arranged slightly left of center and near the top border, shall be the words NEW HAMPSHIRE, under which shall appear the date 1788 encircled by a field of 9 5-pointed stars. Below the date shall appear the words LIVE FREE OR DIE represented within an appropriate banner which shall have a white field or background, a gold trimmed border, and which shall be folded at each end. When used for military purposes the flag shall conform to the regulations of the United States.

Senator Pignatelli moved to have SB 423, relative to the New Hampshire state flag, laid on the table.

SCR 3, rescinding the 1979 call for a federal constitutional convention. Internal Affairs Committee. Vote 5-0. Ought to Pass, Senator Trombly for the committee.

SCR 4, urging the federal government to establish a post office in the town of Madbury. Internal Affairs Committee. Vote 5-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-3583s

08/10

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

A RESOLUTION urging the federal government to establish a new zip code for the town of Madbury.

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

Whereas, the town of Madbury has a population in excess of 1,500; and

Whereas, because the town of Madbury has no designated zip code, causing mail to be delayed, misdirected and lost, and causing confusion and annoyance on the parts of persons outside the town and the state of New Hampshire trying to reach the town of Madbury and residents of the town of Madbury; and

Whereas, the town of Madbury has a fast growing population; and

Whereas, no known opposition exists within the town of Madbury to establishing a zip code for the town; and

Whereas, it appears that the residents of the town of Madbury support this resolution; now, therefore, be it

Resolved by the Senate, the House of Representatives concurring:

That New Hampshire’s congressional delegation and the federal government are strongly urged to take all possible steps necessary to expedite the establishment of a zip code for the town of Madbury; and

That copies of this resolution be forwarded by the senate clerk to the New Hampshire congressional delegation and to the United States Postmaster General in Washington, D.C.

2000-3583s

AMENDED ANALYSIS

This senate concurrent resolution urges the New Hampshire congressional delegation and the federal government to expedite the establishment of a zip code for the town of Madbury.

SB 305, relative to payments to defeat eviction for nonpayment of rent. Judiciary Committee. Vote 7-0. Ought to Pass, Senator Gordon for the committee.

SB 309, relative to the criteria for awarding or modifying alimony. Judiciary Committee. Vote 6-0. Inexpedient to Legislate, Senator Pignatelli for the committee.

SB 315, changing the form for writs of execution. Judiciary Committee. Vote 7-0. Ought to pass with amendment, Senator Fernald for the committee.

2000-3640s

09/01

Amend RSA 527:12 as inserted by section 1 of the bill by replacing it with the following:

527:12 Form. Writs of execution shall be substantially in the following form:

THE STATE OF NEW HAMPSHIRE

.................... ss. To the sheriff or deputy of any county [or his deputy]:

[L.S.] Whereas, ...................., of ...................., by the consideration of our justices of our court of ...................., holden at ...................., in said County of ...................., on the .................... Tuesday of ...................., recovered judgment against .................... of .................... for the sum of .................... dollars, and costs taxed at ...................., as appears of record, whereof execution remains to be done. We command you, therefore, that of the money, goods, chattels [or], lands, personal estate, property interest, right or credit of the said debtor, in your precinct, you cause to be levied and paid to the said creditor the aforesaid sums, with lawful interest thereon, and .................... more for this writ and your own fees; and make return of this writ, with your doings thereon, to said court, to be holden at ...................., in said county, upon the .................... Tuesday of .....................

Witness, ...................., Esquire, the .................... day of ...................., .....................

...................., Clerk.

SB 343, relative to disclosures concerning sexual offenders in sales of real property. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Brown for the committee.

2000-3645s

05/10

Amend the bill by replacing section 1 with the following:

1 Conveyance of Realty; Disclosure Statements; Sexual Offenders. Amend RSA 477:4-e, I(a) to read as follows:

477:4-e History of Property or Community.

I.(a)(1) The owner of real property, or any agent of such owner, shall not be required to disclose information to a buyer regarding that such real property was a site of a homicide, other felony, or a suicide, unless the buyer requests such information of the owner or agent and the owner or agent has knowledge that the property was the site of a homicide, other felony, or suicide.

(b) No cause of action shall arise against an owner of real property or any agent of such owner if such owner or agent discloses information at the request of the buyer [pursuant to subparagraph (a)].

II. Notwithstanding paragraph I, the seller and buyer of real property shall be free to negotiate contractual rights of disclosure concerning the [matter] matters in [RSA 477:4-e, I] this section.

2000-3645s

AMENDED ANALYSIS

This bill requires residential property disclosure statements to include a paragraph encouraging purchasers to exercise their own due diligence in checking related public information records on sexual offenders.

SB 349, relative to the sale of the marital residence or other real property in a domestic proceeding. Judiciary Committee. Vote 5-1. Inexpedient to Legislate, Senator Fernald for the committee.

Senator Johnson moved to have SB 349, relative to the sale of the marital residence or other real property in a domestic proceeding, laid on the table.

SB 349, relative to the sale of the marital residence or other real property in a domestic proceeding.

SB 386-FN-L, relative to names on birth certificates and affidavits of paternity. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Gordon for the committee.

2000-3620s

01/09

Amend RSA 126:6-a, III as inserted by section 1 of the bill by replacing it with the following:

III. In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court. Each final order affecting a determination of parentage of a minor child shall be forwarded by the court to the clerk of the town or city in which the birth occurred for entry on the birth certificate. The surname of the child shall remain unchanged unless otherwise designated in the court order.

2000-3620s

AMENDED ANALYSIS

This bill requires final orders of a court determining paternity to be forwarded to the clerk of the town or city in which the birth occurred for entry on the birth certificate.

SB 418, relative to liquor liability insurance coverage. Judiciary Committee. Vote 7-0. Ought to pass with amendment, Senator Gordon for the committee.

2000-3641s

03/09

Amend RSA 178:2-a as inserted by section 1 of the bill by inserting after paragraph II the following new paragraph:

III. The commission shall adopt rules, pursuant to RSA 541-A, relative to procedures and criteria necessary for a certificate of insurance for liquor liability to be required for the issuance of a liquor license.

SB 438-FN, relative to habitual simple assault. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Fernald for the committee.

2000-3458s

05/09

Amend the bill by replacing RSA 631:2-a, III as inserted by section 1 with the following:

2000-3458s

AMENDED ANALYSIS

This bill creates a new category of assault, to be known as habitual simple assault, classified as a class B felony. The bill also requires that persons convicted of habitual simple assault receive appropriate counseling.

Senator Francoeur moved to have SB 438-FN, relative to habitual simple assault, laid on the table.

SB 438-FN, relative to habitual simple assault.

SB 448, establishing a guardians ad litem board. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Gordon for the committee.

2000-3617s

05/09

Amend the bill by replacing RSA 463:36 as inserted by section 1 with the following:

463:36 Duties of the Board. The board shall adopt rules, pursuant to RSA 541-A, relative to the following:

I. Training requirements necessary for becoming certified as a guardian ad litem in this state.

II. Commissioning the participation of Franklin Pierce Law Center, the community technical college system, or another appropriate state educational institution to provide training for guardians ad litem on a tuition basis.

III. Continuing educational requirements for guardians ad litem.

IV. An application process, minimum criteria, and certification fees for becoming certified as a guardian ad litem.

V. A list of specific duties to be performed by guardians ad litem, and ensure that such duties are consistent with the provisions of RSA 463.

VI. A formal process whereby the performance of the duties of guardians ad litem may be evaluated.

VII. A list of those guardians ad litem statewide who are certified and in good standing and make such list available to the general public online through Webster, the official internet site for the state of New Hampshire.

VIII. Investigating the current cost and fee structure established under New Hampshire supreme court rules 48 and 49-A, and making recommendations to the legislature for appropriate action as necessary.

IX. Procedures for processing complaints and addressing disciplinary issues involving guardians ad litem.

X. A schedule of fees required for obtaining certification as a guardian ad litem.

SB 303, relative to campaign contributions by corporations. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-3615s

05/10

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

AN ACT relative to campaign contributions by business organizations.

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

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

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

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

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

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

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

2000-3615s

AMENDED ANALYSIS

This bill eliminates the prohibition on political contributions by business organizations which have established certain segregated accounts for voluntary contributions.

SB 329, relative to the display of tobacco products. Public Affairs Committee. Vote 5-0. Inexpedient to Legislate, Senator Eaton for the committee.

Senator Fernald moved to have SB 329, relative to the display of tobacco products, laid on the table.

SB 329, relative to the display of tobacco products.

SB 347, relative to the contributory retirement system of the city of Manchester. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

SB 446, relative to the integration of information technology at the state, county and municipal levels. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Eaton for the committee.

2000-3616s

05/01

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

4 New Subparagraph; Optimization of Benefits. Amend RSA 12-H:1, I by inserting after subparagraph (g) the following new subparagraph:

(h) How to optimize the benefits of information technology for the state, its political subdivisions, and its citizens.

5 Council Membership. Amend RSA 12-H:1, II(a)-(c) to read as follows:

(a) Three house members appointed by the speaker, who are to be one member from the house science and technology committee, one member from the house commerce[, small business, consumer affairs and economic development] committee, and one member from the house education committee.

(b) Three senators appointed by the senate president, who are to be one member from the senate energy and economic development committee, one member from the senate education committee, and one member from the senate public affairs committee.

(c) The governor or designee, [the director of the division of information technology management,] the commissioner of the department of education, [and] or designee the commissioner of the department of administrative services or designee, the state librarian or designee, a representative from municipal government appointed by the New Hampshire Municipal Association, and a representative from county government appointed by the New Hampshire Association of Counties.

SB 447-FN, relative to campaign contributions and expenditures. Public Affairs Committee. Vote 5-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-3627s

03/01

Amend RSA 664-A:2, III(g) as inserted by section 9 of the bill by replacing it with the following:

(g) Any money appropriated from the general fund by biennium budgetary appropriations.

Amend RSA 664-A:8, I (c)(3) as inserted by section 9 of the bill by replacing it with the following:

(c)(3) $10,000 for the primary election campaign period if the candidate is not seeking the nomination of a party, as defined in RSA 652:11.

Amend the introductory paragraph of RSA 664-A:9 as inserted by section 9 of the bill by replacing it with the following:

664-A:9 Reports. In addition to the reports required by RSA 664:6 and RSA 664:7, a non-participating candidate whose total expenditures for either the primary election campaign period or the general election campaign period exceeds $625,000 for governor, $50,000 for councilor, or $20,000 for state senator shall file the following additional reports in the form required by RSA 664:6, I:

Amend the bill by replacing section 11 with the following:

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

Senator Johnson moved to have SB 447-FN, relative to campaign contributions and expenditures, laid on the table.

SB 447-FN, relative to campaign contributions and expenditures.

SB 424, relative to controlled substances used for terminally ill persons. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to pass with amendment, Senator Wheeler for the committee.

2000-3581s

01/10

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

AN ACT relative to controlled substances used for pain management.

Amend the bill by replacing section 2 with the following:

2 New Paragraph; Professional Use of Controlled Substances. Amend RSA 318-B:10 by inserting after paragraph VI the following new paragraph:

VI-a. In addition to the provisions of paragraph VI and notwithstanding any other law or rule to the contrary, if, in the judgment of a physician licensed under RSA 329, appropriate pain management warrants a high dosage of controlled drugs and the benefit of the relief expected outweighs the risk of the high dosage, the licensed physician may administer or cause to be administered such a dosage, even if its use may increase the risk of death, so long as it is not furnished for the purpose of causing, or the purpose of assisting in causing, death for any reason and so long as it falls within rules of the board of medicine.

2000-3581s

AMENDED ANALYSIS

This bill clarifies the professional use of controlled substances for pain management.

SB 444-FN, relative to methadone maintenance treatment. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to pass with amendment, Senator Wheeler for the committee.

2000-3587s

01/09

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

1 Methadone Maintenance Treatment Authorized. Until December 31, 2000 or until the general court adopts an appropriate pilot program, any provider providing outpatient methadone detoxification services in the state of New Hampshire as of January 1, 2000, is hereby authorized to provide methadone maintenance treatment as long as the provider meets Commission on Accreditation of Rehabilitation Facilities (CARF) accreditation standards, is licensed by the federal Food and Drug Administration and the federal Drug Enforcement Administration, and otherwise meets all applicable state and federal laws and regulations. The providers of methadone maintenance treatment shall be monitored by the department of health and human services during this period.

2 New Paragraph; Definition Added. Amend RSA 318:1 by inserting after paragraph VII the following new paragraph:

VII-a. "Limited retail drug distributor" means federally funded clinics operated under contract with the department of health and human services and drug abuse treatment centers, where legend and controlled drugs are held, stored or dispensed to patients pursuant to the order of an authorized practitioner.

3 New Section; Licensing of Limited Retail Drug Distributors Required.

318:51-b Licensing of Limited Retail Drug Distributors Required.

I. No person shall operate as a limited retail drug distributor, as defined in RSA 318:1, VII-a, without first having obtained a license to do so from the board. Such license shall expire annually on June 30. An application together with a reasonable fee as established by the board shall be filed annually on or before July 1.

II. No license shall be issued under this section unless the applicant has furnished proof satisfactory to the board that:

(a) The applicant is of good moral character or, if that applicant is an association or corporation, that the managing officers are of good moral character.

(b) The applicant has sufficient space and security equipment as to properly carry on the business described in the application.

(c) The license granted by this chapter shall at all times be displayed in a conspicuous place in the facility for which it is issued.

(d) The applicant has a written contract with a pharmacist licensed in the state to serve as a consultant on all matters relating to the storage and dispensing of prescription drugs.

III. No license shall be granted to any person who has within 5 years been convicted of a violation of any law of the United States, or of any state, relating to drugs, as defined in this chapter or RSA 318-B, or to any person who is a drug-dependent person.

IV. Any person licensed pursuant to this section is subject to the provisions of RSA 318:29.

4 Licensure Required. RSA 318:42, VII(d) is repealed and reenacted to read as follows:

(d) The clinic, except for clinics operated directly by the department of health and human services, possesses a current limited retail drug distributor’s license under RSA 318:51-b.

5 Repeal. RSA 318:42, VII(e), relative to drug wholesaler’s license, is repealed.

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

2000-3587s

AMENDED ANALYSIS

This bill authorizes a provider meeting certain standards who is currently providing outpatient methadone detoxification services to provide methadone maintenance treatment until December 31, 2000 or until an appropriate pilot program is adopted by the legislature.

This bill also requires limited retail drug distributors to be licensed by the New Hampshire pharmacy board.

SB 445-FN, establishing an opioid treatment pilot program. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to pass with amendment, Senator Wheeler for the committee.

2000-3582s

01/10

Amend subparagraph IV(a) as inserted by section 1 of the bill by replacing it with the following:

(a) Designation of participating providers, who shall be New Hampshire-based health care providers.

Senator Wheeler offered a floor amendment.

Sen. Wheeler, Dist. 21

Sen. Squires, Dist. 12

March 9, 2000

2000-3711s

01/09

Floor Amendment to SB 445-FN

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

AN ACT relative to methadone maintenance treatment.

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

1 Methadone Maintenance Treatment; Rulemaking. RSA 318-B:10, VIII is repealed and reenacted to read as follows:

VIII. The commissioner of health and human services shall adopt rules, pursuant to RSA 541-A, relative to methadone maintenance treatment. Except as otherwise specified, no methadone maintenance programs may be initiated until the commissioner adopts rules as required under this paragraph or until 2 years after the effective date of this paragraph, whichever is sooner. Notwithstanding the above, nothing in this paragraph shall be construed as prohibiting or limiting the provision of methadone detoxification services or from prohibiting or limiting those already providing methadone detoxification or maintenance services as of January 1, 2000, from providing methadone maintenance services upon the effective date of this paragraph.

2 Repeal. RSA 318-B:10, VII, relative to methadone maintenance.

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

2000-3711s

AMENDED ANALYSIS

This bill requires the commissioner of the department of health and human services to adopt rules relative to methadone maintenance treatment.

Senator Johnson moved to have HB 449, requiring boating safety education, taken off the table.

HB 449, requiring boating safety education.

Senator Johnson offered a floor amendment.

2000-3386s

01/09

Floor Amendment to HB 449-FN

Amend RSA 270-D:15 as inserted by section 1 of the bill by replacing it with the following:

270-D:15 Certificate Not Required. A person shall not be required to obtain a certificate of boating safety education if the person holds a certificate from any state indicating successful completion of boating safety education that meets or exceeds the requirements of this subdivision, a certificate from the United States Coast Guard Auxiliary, or a certificate from the United States Power Squadron.

CACR 38, Relating to: use of highway fund revenues. Providing that: an amount not to exceed 9 percent of highway revenues shall be used to maintain and improve New Hampshire's rail infrastructure. Transportation Committee. Vote 3-2. Ought to Pass, Senator Russman for the committee.

SB 337, requiring any person applying for or renewing a driver's license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance. Transportation Committee. Vote 3-2. Ought to pass with amendment, Senator Roberge for the committee.

2000-3643s

05/10

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

AN ACT requiring any person applying for or renewing a driver’s license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations.

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

5 New Paragraph; Interest after Suspension. Amend RSA 263:56-a by inserting after paragraph II the following new paragraph:

II-a. After suspension as provided in paragraph II, interest on amounts not paid when due shall be computed at the rate of 1 percent per month from the date of suspension to the date payment is actually made. Interest shall be collected by the department or the court and deposited in the default bench warrant fund established in RSA 263:56-d to pay for costs associated with employing law enforcement official and other related expenses necessary to the enforcement of this section. No interest shall be computed on fines assessed before January 1, 2001. The commissioner shall have the discretion, as justice may require, to waive the payment of interest computed under this paragraph.

6 Notice of Interest on Unpaid Fines. Amend RSA 262:44, I to read as follows:

I. Such defendant shall receive, in addition to [his] the summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles" [which]; the fine schedule shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail and notification that unpaid fines may be subject to interest pursuant to RSA 263:56-a, II-a. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of motor vehicles within 30 days of the date of the summons. The director of motor vehicles shall remit the penalty assessments collected to the police standards and training council for deposit in the police standards and training council training fund and to the state treasurer to be credited and continually appropriated to the victims' assistance fund in the percentages and manner prescribed in RSA 188-F:31. Fines shall be paid over to the commissioner of administrative services, or to such department or agency of the state as the law provides, within 14 days of their receipt.

7 Default of Personal Recognizance. Amend RSA 597:38-b, I to read as follows:

I. Whenever a party recognized to appear for any offense [involving driving] makes default and the recognizance is declared forfeited, the court shall send a notice of default to the division of motor vehicles. The division shall send a notice to the person owing the recognizance, demanding payment within 30 days and stating that failure to make payment within the 30-day period shall result in suspension of such person's driver's license or driving privilege until such time as the person provides proof to the department of safety that he has paid the amount of the forfeited recognizance to the court.

2000-3643s

AMENDED ANALYSIS

This bill:

I. Requires any person applying for or renewing a driver’s license to be checked through the National Crime Information Center (NCIC).

II. Authorizes the director of state police, department of safety, to establish a new unit of the state police and assign 2 to 5 police officers to serve criminal processes, warrants, and notices of court defaults, and to arrest persons wanted for outstanding warrants and court defaults.

III. Authorizes the collection of interest on outstanding unpaid fines, with proceeds dedicated to the default bench warrant fund, to pay the costs associated with enforcement of the bill’s provisions.

IV. Broadens the scope of personal recognizance defaults subject to interest penalties.

V. Requires that any person who provides false information when applying for a license forfeit any fee paid.

SB 371-FN, relative to staffing of state police vehicles patrolling highways at night. Transportation Committee. Vote 3-2. Inexpedient to Legislate, Senator Roberge for the committee.

SB 375, relative to motor vehicle dealerships. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2000-3491s

08/10

Amend RSA 357-C:3, III(k)(1) as inserted by section 1 of the bill by replacing it with the following:

(1) When operating a motor vehicle dealership for a temporary period, not to exceed 2 years, during the transition from one owner of the motor vehicle dealership to another;

SB 387-FN-L, relative to proposed toll booths in the city of Nashua and relative to alternatives to the state wide toll booth system. Transportation Committee. Vote 5-0. Ought to Pass, Senator Pignatelli for the committee.

SB 426-FN, relative to boat dealers and repairers. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Below for the committee.

2000-3490s

08/10

Amend RSA 270-E:13, III as inserted by section 3 of the bill by replacing it with the following:

III. A manufacturer or dealer of vessels may, in addition to a general distinguishing number for his or her vessels, make application to the department for a registration plate for use only on boat trailers used in connection with the manufacturer’s or dealer’s business. In no case shall such plates be used for any other purpose or by any person other than the dealer or manufacturer or his or her employee or agent.

Amend RSA 270-E:16, IV as inserted by section 4 of the bill by replacing it with the following:

IV. A repairer of vessels may, in addition to a general distinguishing number for vessels which he or she is repairing or maintaining, make application to the department for a registration plate for use only on boat trailers used in connection with the business of repairing or maintaining vessels. In no case shall such plates be used for any other purpose or by any person other than the repairer or maintainer or his or her employee or agent.

SB 440, relative to after market parts. Transportation Committee. Vote 3-1. Inexpedient to Legislate, Senator Russman for the committee.

HB 1397, relative to naming a certain island in Lake Winnipesaukee in the town of Moultonborough. Wildlife and Recreation Committee. Vote 3-0. Ought to Pass, Senator Klemm for the committee.

HB 1455, relative to the authority of the fish and game department for the electronic issuance of licenses, permits, stamps, and tags. Wildlife and Recreation Committee. Vote 7-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-3606s

10/09

Amend RSA 214:7, VI as inserted by section 2 of the bill by replacing it with the following:

VI. The executive director may adopt rules pursuant to RSA 541-A for the electronic issuance of licenses, permits, stamps, and tags under the provisions of this title, by an agent or by the department. Any such rules shall include procedures for verification of residency, the determination of sufficient proof of hunter education or other certification requirements, and any requirements of the licensee as to the use of the license, permit, stamp, or tag acquired electronically.

SB 399-FN-A, making an appropriation to the fish and game department for the purposes of the wildlife damage control program. Wildlife and Recreation Committee. Vote 3-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-3599s

10/09

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

I. In addition to any other sums previously appropriated, there is hereby appropriated the sum of $500,000 for the biennium ending June 30, 2001 to the fish and game department for the purpose of funding the wildlife damage control program. The governor is authorized to draw a warrant for such sum out of any money in the treasury not otherwise appropriated.

The House of Representatives refuses to concur with the Senate in the adoption of the amendments to the following entitled House Bill sent down from the Senate:

HB 97, relative to the right to farm.

And requests a Committee of Conference.

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

HB 97, relative to the right to farm.

Senator Russman moved to accede to the request for a Committee of Conference.

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

Senator Fernald moved to have SB 338, relative to trustee process, removed from the table

SB 338, relative to trustee process.

Senator Fernald offered a floor amendment.

2000-3646s

08/09

Floor Amendment to SB 338

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

1 Trustee Process; Writ; Trustee Disclosure Form. Amend RSA 512:3 to read as follows:

512:3 Writ. The trustee writ shall be an attachment and summons, and shall be served upon the defendant and trustee like a writ of summons, and the goods and estate of the defendant may be attached thereon. Concurrently therewith, the trustee shall be served with a trustee disclosure form in compliance with RSA 512:9-d. The first page of the attachment shall bear a notice in boldface, in at least 12-point type, advising the trustee to complete and file the enclosed disclosure of trustee form with the court, the plaintiff, and the defendant within 60 days of receipt or suffer the risk of default. Return of the trustee disclosure form shall operate as an answer and an appearance on behalf of the trustee. A corporation summoned as trustee may appear and answer through its cashier, treasurer, clerk, or such other officer or employee as it shall appoint.

2 Trustee Process; Bank Accounts; Service. Amend RSA 512:9-b to read as follows:

512:9-b Bank Accounts. When a bank, trust company, building and loan association, or similar corporation is named as trustee, the trustee shall be summoned by service [on an officer, person in charge, teller, or office employee of such bank, trust company, building and loan association, or similar corporation at its office if service is made during banking hours, and, if service is made at a time other than banking hours, by service on an officer of such bank, trust company, building and loan association, or similar corporation, and not otherwise. The trustee so served shall not be chargeable for any goods, rights, or credits of the defendant except as shall be in the hands of the trustee at the time of service] only upon a bank officer, branch supervisor, or head teller of a branch only from 8:00 a.m. to 3:00 p.m., Monday through Friday except bank holidays. The trustee so served shall be chargeable only for any money, goods, chattels, rights, or credits of the defendant in the trustee’s hands at the time of service, subject to any reductions for chargebacks due to the trustee for uncollected funds or other priority claims to defendant’s money, goods, chattels, rights, or credits. If summoned by service after 3:00 p.m., the trustee shall have until the beginning of the next business day to effect the attachment.

3 New Sections; Trustee Process; Duties of Trustee; Trustee Disclosure Form; Extension for Filing Disclosure Form. Amend RSA 512 by inserting after section 9-b the following new sections:

512:9-c Duties of Trustee. The trustee so served shall place a hold on money, goods, chattels, rights, or credits of the defendant that are in the trustee’s hands at the time of service, but shall have no duty to collect money, goods, chattels, rights, or credits either belonging to the defendant or that may become due or owing the defendant after that time.

512:9-d Trustee Disclosure Form. The trustee disclosure form served upon the trustee in compliance with RSA 512:3 shall include only the following interrogatories and nothing more:

"I. On what date were the trustee writ (including attachment and summons) and trustee disclosure form served upon you?";

"II. What money, rights, goods, chattels, and/or credits belonging to or due defendant and covered by plaintiff’s attachment did you hold at the time of service?";

"III. Are any of the money, rights, goods, chattels, and/or credits disclosed by you in response to interrogatory II subject to chargebacks that are due to you from the defendant? If so, please state the amount and the basis."; and

"IV. At this time, are you aware whether the money, rights, goods, chattels, and/or credits disclosed by you in response to interrogatory II are subject to priority claims of other people? If so, please state the amount, the basis for the priority claims, and the claimants."

512:9-e Extension for Filing Disclosure. The trustee may request by motion that the court grant an extension of time for completing the trustee disclosure form. The court shall grant such extension request as a matter of course, except upon a showing by plaintiff that plaintiff would suffer undue and substantial prejudice as a result of such extension which outweighs the need for the extension. Notwithstanding any decision not to grant the extension, the trustee shall not be in default if it completes and files the disclosure form within 10 business days from the trustee’s receipt of the court’s order on the extension.

4 Trustee Process; Default of Trustee. Amend RSA 512:10 to read as follows:

512:10 Default. No person summoned as trustee in an action shall be charged on default until [he] that person shall have neglected to [answer in the action] file a properly served trustee disclosure form in a timely manner, after such notice as the court [or justice, at the term when the action is entered or at some subsequent term,] may order. In the event plaintiff is unable to establish proper service of the trustee disclosure, plaintiff shall provide to the trustee a trustee disclosure form. The trustee shall be entitled to the time periods provided in this chapter within which to file the disclosure.

5 Trustee Process; Effect of Default. Amend RSA 512:11 to read as follows:

512:11 Effect. If the trustee [makes default after the notice provided in RSA 512:10 he] fails to file a trustee disclosure form with the court within 60 days of service of the trustee writ on the trustee, the trustee shall be adjudged chargeable [for the amount of the judgment which may be recovered by the plaintiff against the defendant] only to the extent of the money, goods, chattels, rights, or credits of the defendant in the trustee’s hands at the time of service made in accordance with RSA 512:9-b, subject to any reductions for chargebacks due to the trustee for uncollected funds or other priority claims to defendant’s money, goods, chattels, rights, or credits.

6 New Section; Trustee Process; Right to Hearing Upon Notice of Default. Amend RSA 512 by inserting after section 11 the following new section:

512:11-a Right to Hearing Upon Notice of Default. With its final default notice to the trustee, the court shall issue a notice of evidentiary hearing on the extent of trustee’s chargeability. The parties may waive hearing by filing with the court a stipulation as to the trustee’s chargeability signed by plaintiff, defendant, and trustee.

7 Trustee Process; Taking of Trustee's Deposition. Amend RSA 512:12 to read as follows:

512:12 Taking. [Disclosure of trustees may be given or taken by any party to the action at any time after the service of the writ upon the trustee,] Within 60 days of the filing of the trustee disclosure with the court, the plaintiff or defendant shall be entitled to take trustee’s deposition only on the limited issue of trustee’s chargeability upon such notice to the [adverse party] trustee as is required in taking depositions under court rules and upon the payment [or tender] to the trustee of [his] fees for travel [and], attendance [as in the case of witnesses], and reasonable attorneys’ fees as provided for herein.

8 Repeal. RSA 512:18, relative to jury trial if trustee denies liability, is repealed.

9 New Section; Trustee Process; Evidentiary Hearing. Amend RSA 512 by inserting after section 18 the following new section:

512:18-a Evidentiary Hearing. If the court receives no objection to a trustee disclosure within 60 days of the date of receipt of such disclosure, the disclosure shall determine the chargeability of the trustee. If the plaintiff or the defendant files a written objection to the trustee disclosure within 60 days of receipt of the trustee’s disclosure, or if the trustee fails to file a trustee disclosure form with the court within 60 days of service of the trustee writ on the trustee, the court shall schedule an evidentiary hearing on the extent of the trustee’s chargeability.

10 Trustee Process; Charging Trustee. Amend RSA 512:20 to read as follows:

512:20 Charging Trustee. [If,] Upon the filing of trustee disclosure not objected to within 60 days of filing [depositions in the case], or, [if there is a trial by jury,] upon the [verdict of the jury] court’s decision following an evidentiary hearing on the trustee’s chargeability, [it appears that] the court shall charge the trustee [had in his possession at the time of the service of the writ upon him, or at any time after,] for any money, goods, chattels, rights, or credits of the defendant in the trustee’s possession at the time of the service of the writ and not exempted from trustee process, [he] or subject to any reductions for chargebacks due to uncollected funds [shall be adjudged chargeable therefor] or other priority claims to defendant’s money, goods, chattels, rights, or credits.

11 Trustee Process; Receiver for Property Disclosed; Refusal to Deliver. Amend RSA 512:32 to read as follows:

512:32 Refusal to Deliver. If the [person summoned as] trustee [shall refuse] refuses to deliver to [the] a receiver[, agreeably to the order of court,] appointed under RSA 512:29 or RSA 512:30 any note, security for money, evidence of debt, chose in action or other property, [he shall be adjudged trustee for the value thereof] on the grounds that such property is not subject to trustee process, the court shall schedule an evidentiary hearing to determine the validity of such refusal. If, after the evidentiary hearing, the court determines that the property is subject to trustee process and orders the trustee to deliver the property, the trustee shall be adjudged chargeable for the value thereof.

12 Trustee Process; Paying Into Court. Amend RSA 512:39 to read as follows:

512:39 Paying into Court. The defendant or trustee may discharge the liability of the trustee by paying into court the sum for which the trustee is charged. Payment into court by the trustee shall discharge the trustee as a party to the underlying lawsuit.

13 Trustee Process; Costs; Order of Court. Amend RSA 512:43 to read as follows:

512:43 Order of Court. The trustee shall recover [his] the trustee’s costs in all cases from the plaintiff except as provided in this chapter, unless otherwise ordered by the court, and the court shall adjust all costs in matters relating to trustee process as between the plaintiff and trustee or any claimant of property in the hands of the trustee as shall seem equitable. Such costs shall be retained by the trustee from the amount chargeable.

14 New Section; Trustee Process; Trustee's Attorneys’ Fees. Amend RSA 512 by inserting after section 45 the following new section:

512:45-a Trustee’s Attorneys’ Fees. Plaintiff shall be responsible for all reasonable attorneys’ fees incurred by a trustee in preparing the trustee disclosure form and responding to plaintiff’s trustee process attachment. If any party disputes the amount disclosed on the trustee disclosure, and the trustee is ultimately deemed chargeable for nothing greater than the amount disclosed in its trustee disclosure, the disputing party shall also be responsible for trustee’s reasonable attorneys’ fees incurred by the trustee in so responding. Trustee’s reimbursement for reasonable attorneys’ fees shall be retained by the trustee from the amount adjudged chargeable. If the trustee’s reasonable attorneys’ fees exceed the sum for which trustee has been adjudged chargeable, the trustee shall be entitled to a judgment against plaintiff for any difference.

15 Trustee Process; Application of Provisions. Amend RSA 512:48 to read as follows:

512:48 Application of Provisions. The provisions of this chapter, so far as they are applicable to actions in municipal and district courts, shall apply to actions and proceedings therein and to process issued therefrom[, but no party summoned as trustee shall have judgment entered against him until after notice has been given him to disclose, or after disclosure made].

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

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

Senator Cohen moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings, enrolled bills and amendments and that when we adjourn we adjourn to Thursday, March 16, 2000 at 10:00 a.m.

SCR 3, rescinding the 1979 call for a federal constitutional convention.

SCR 4, urging the federal government to establish a new zip code for the town of Madbury.

HCR 25, opposing the President's action to establish vast roadless areas in the White Mountain National Forest without the consultation or input of the New Hampshire citizenry.

SB 303, relative to campaign contributions by business organizations.

SB 305, relative to payments to defeat eviction for nonpayment of rent.

SB 315, changing the form for writs of execution.

SB 320, relative to ballot counting in cooperative school districts and relative to ratifying the Inter-Lakes cooperative school district meeting held on March 8, 2000.

SB 330, establishing a committee to study the impact of water withdrawals on instream flows.

SB 338, relative to trustee process.

HB 339-FN, relative to conducting a feasibility study of various alternatives to enhance safety at the traffic circle in the city of Portsmouth.

SB 343, relative to disclosures concerning sexual offenders in sales of real property.

SB 347, relative to the contributory retirement system of the city of Manchester.

SB 375, relative to motor vehicle dealerships.

SB 378, relative to Article 9 of the Uniform Commercial Code.

SB 386-FN-L, relative to names on birth certificates and affidavits of paternity.

SB 393, relative to single producer licensing.

SB 414-FN, reorganizing the divisions of the department of corrections.

SB 416-FN, relative to licensure of dietitians.

SB 418, relative to liquor liability insurance coverage.

SB 424, relative to controlled substances used for pain management.

SB 426-FN, relative to boat dealers and repairers.

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

SB 443-FN, relative to veterinarian reimbursement for the animal population control program.

SB 444-FN, relative to methadone maintenance treatment.

SB 445-FN, relative to methadone maintenance treatment.

SB 446, relative to the integration of information technology at the state, county and municipal levels.

SB 448, establishing a guardians ad litem board.

HB 449, requiring boating safety education.

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

HB 730-FN, establishing a house committee to review methods for recording committee sessions, authorizing a request for proposals, and making an appropriation therefor.

HB 1136, relative to the university system of New Hampshire board of trustees.

HB 1141, relative to access highways to public waters.

HB 1186, extending the reporting date of the Sullivan county regional refuse disposal district issues study committee.

HB 1200-FN, relative to the application of education property tax hardship relief to estate planning trusts and relative to eligibility for hardship relief.

HB 1223, changing the name, amending the duties, and extending the reporting date of the committee to study the unclassified salary structure for state officers.

HB 1386, designating segments of the Souhegan River as protected under the rivers management and protection program.

HB 1397, relative to naming a certain island in Lake Winnipesaukee in the town of Moultonborough.

HB 1455, relative to the authority of the fish and game department for the electronic issuance of licenses, permits, stamps, and tags.