Out of Recess.

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 1127, establishing a committee to study the application and appeal procedures for excavating and dredging permits.

HB 1151, establishing a committee to study the creation of a New Hampshire local government records management trust and to consider funding alternatives.

HB 1166, relative to confidentiality and information collection by the department of agriculture, markets, and food.

HB 1199, establishing a study committee on funding for affordable housing.

HB 1235, relative to defining surface waters..

HB 1258-FN, relative to invasive plant, insect, and fungal species.

HB 1311, relative to payment of employer contributions for unemployment compensation.

HB 1357-FN, relative to the sale of state-owned property in the towns of Belmont and Laconia.

HB 1382-FN, making it a felony for inmates to harass corrections personnel and others by propelling bodily fluids.

HB 1416-FN, establishing a brownfields cleanup revolving loan fund.

HB 1450-FN, relative to hearings and appeals of equal pay claims.

HB 1470, relative to divestiture of electric utility assets.

HB 1494-FN, establishing penalties for attempts to purchase firearms illegally.

HB 1504, relative to submission of biennial budget estimates by agencies.

HB 1510-FN, relative to establishing a medical savings account plan for providing state employee health care benefits.

HB 1512-FN, establishing a committee to study the feasibility of implementing a paid family and medical leave insurance program and potential funding sources to support it.

HB 1531,relative to the preemption of local regulations of firearms.

HB 1535-FN, relative to creation of a commission to study the state’s increasing appellate caseload and solutions to the increasing appellate caseload.

HB 1559-FN, establishing a committee to study the organization and functions of the New Hampshire state port authority.

HB 1571-FN, relative to claims arising from clinical services provided to the department of corrections.

HCR 31, urging the New Hampshire congressional delegation to take action to keep the international border crossing between the United States and Canada, in the town of Pittsburg, New Hampshire, open 24 hours a day.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 1127-HCR 31 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 1127, establishing a committee to study the application and appeal procedures for excavating and dredging permits. Environment

HB 1151, establishing a committee to study the creation of a New Hampshire local government records management trust and to consider funding alternatives. Internal Affairs

HB 1166, relative to confidentiality and information collection by the department of agriculture, markets, and food. Public Affairs

HB 1199, establishing a study committee on funding for affordable housing. Public Affairs

HB 1235, relative to defining surface waters. Environment

HB 1258-FN, relative to invasive plant, insect, and fungal species. Environment

HB 1311, relative to payment of employer contributions for unemployment compensation. Insurance

HB 1357-FN, relative to the sale of state-owned property in the towns of Belmont and Laconia. Transportation

HB 1382-FN, making it a felony for inmates to harass corrections personnel and others by propelling bodily fluids. Executive Departments and Administration

HB 1416-FN, establishing a brownfields cleanup revolving loan fund. Environment

HB 1450-FN, relative to hearings and appeals of equal pay claims. Executive Departments and Administration

HB 1470, relative to divestiture of electric utility assets. Energy and Economic Development

HB 1494-FN, establishing penalties for attempts to purchase firearms illegally. Judiciary

HB 1504, relative to submission of biennial budget estimates by agencies. Finance

HB 1510-FN, relative to establishing a medical savings account plan for providing state employee health care benefits. Insurance

HB 1512-FN, establishing a committee to study the feasibility of implementing a paid family and medical leave insurance program and potential funding sources to support it. Insurance

HB 1531,relative to the preemption of local regulations of firearms. Public Affairs

HB 1535-FN, relative to creation of a commission to study the state’s increasing appellate caseload and solutions to the increasing appellate caseload. Executive Departments and Administration

HB 1559-FN, establishing a committee to study the organization and functions of the New Hampshire state port authority. Energy and Economic Development

HB 1571-FN, relative to claims arising from clinical services provided to the department of corrections. Public Institutions, Health and Human Services

HCR 31, urging the New Hampshire congressional delegation to take action to keep the international border crossing between the United States and Canada, in the town of Pittsburg, New Hampshire, open 24 hours a day. Energy and Economic Development

2000-3754-EBA

08/10

Enrolled Bill Amendment to HB 1136

The Committee on Enrolled Bills to which was referred HB 1136

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

This enrolled bill amendment makes a technical correction in the RSA section in section 1 of the bill.

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

The general government of the university system

Senator Trombly moved adoption.

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Thursday, March 16, 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 Larsen led the Pledge of Allegiance.

SB 409-FN, relative to health insurance coverage of qualified clinical trials. Insurance Committee. Vote 7-1. Ought to pass with amendment, Senator Wheeler for the committee.

2000-3689s

01/09

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

1 New Section; Coverage for Qualified Clinical Trials. Amend RSA 415 by inserting after section 18-j the following new section:

415:18-k Coverage Required for Qualified Clinical Trials.

I. In this section:

(a) "Clinical trials of emerging technologies" mean Phase I and Phase II clinical trials.

(b) "Clinical trials of leading therapeutic or diagnostic alternatives" mean Phase III and Phase IV clinical trials.

(c) "Cooperative group" means a formal network of facilities that collaborate on research projects and have an established National Institute of Health (NIH) approved peer review program operating within the group.

(d) "FDA" means the federal Food and Drug Administration.

(e) "Member" means the policyholder, subscriber, insured, or certificate holder, or a covered dependent of a policyholder, subscriber, insured, or certificate holder.

(f) "Multiple project assurance contract" means a contract between an institution and the federal Department of Health and Human Services, that defines the relationship of the institution to the federal Department of Health and Human Services and sets out the responsibilities of the institution and the procedures that will be used by the institution to protect human subjects.

(g) "NIH" means the National Institutes of Health.

(h) "Non-routine patient care cost" means:

(1) The cost of an investigational new drug or device that is not approved for market for any indication by the FDA.

(2) The cost of a non-health care service that a member may be required to receive as a result of the treatment being provided for the purposes of the clinical trial.

(3) The costs of services that are clearly inconsistent with widely accepted and established regional or national standards of care for a particular diagnosis.

(4) Costs associated with managing the research associated with the clinical trial.

(5) Non-covered costs under the member’s policy, plan, or contract.

(i) "Routine patient care cost" means the cost of any medically necessary health care service that is incurred as a result of the treatment being provided to a member of a health plan. Routine costs are those for which the health plan regularly reimburses its members, health care providers, or health care institutions subject to the terms and conditions of the member’s policy and the provider’s service agreement with the insurer.

II. A policy, plan, or contract subject to this section shall provide coverage for all medically necessary routine patient care costs incurred as a result of a treatment being provided in accordance with a clinical trial to the extent such costs would be covered for noninvestigational treatments if the treatment is being provided or the studies are being conducted in a phase I, phase II, phase III, or phase IV clinical trial for cancer or the treatment is being provided for any other life-threatening condition.

III. The coverage required under paragraph II shall be required if:

(a) The treatment is being provided to the member in a clinical trial approved by:

(1) One of the National Institutes of Health.

(2) An NIH cooperative group or an NIH center.

(3) The FDA in the form of an investigational new drug application or exemption.

(4) The federal department of Veterans Affairs or Defense.

(5) An institutional review board of an institution in this state that has a multiple assurance contract approved by the Office of Protection from Research Risks of the NIH.

(b) There is no clearly superior, non-investigational treatment alternative.

(c) The facility and personnel providing the treatment are capable of doing so by virtue of their experience, training, and volume of patients treated to maintain expertise.

(d) The available clinical or preclinical data provide a reasonable expectation that the treatment will be at least as effective as the non-investigational alternative.

IV. A policy, plan, or contract subject to this section shall provide coverage for routine patient care costs incurred for drugs and devices provided to the member during the clinical trial provided that those drugs or devices have been approved for sale by the FDA, whether or not the FDA has approved the drug or device for use in treating the member’s particular condition to the extent that the drugs or devices are not paid for by the manufacturer, distributor, or provider of that drug or device. Nothing in this section shall be construed to abrogate the provisions of RSA 415:6-g or RSA 420-J:7-b. This coverage shall include coverage for reasonable and medically necessary services necessary to administer the drug or use the device under evaluation in the clinical trial.

V. The provisions of this section shall apply to individual and group hospital and medical expense policies subject to RSA 415, health service corporations under RSA 420-A, health maintenance organizations under RSA 420-B, and managed care organizations under RSA 420-J.

VI. For the purposes of this section, providers participating in clinical trials shall obtain a patient’s informed consent for participation in the clinical trial in a manner that is consistent with current legal and ethical standards. Such document shall be available to the health insurer upon request.

VII. Health plans providing coverage under this section and the providers participating in those same clinical trials shall develop a mutually agreed upon process to share appropriate aggregate clinical and financial data on the progress and outcome of clinical trials subject to this section.

VIII. The provisions of this section shall not apply to a policy, plan, or contract paid for under the federal Medicare program nor the state children’s health insurance program.

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

SB 361, authorizing citizen suits to assure enforcement of New Hampshire's environmental statutes. Judiciary Committee.

SPLIT REPORT: Ought to pass with amendment, Senator Wheeler for the committee. Vote 3-3 .

SPLIT REPORT: Inexpedient to Legislate, Senator Trombly for the committee. Vote 3-3

2000-3739s

04/09

Amend the bill by replacing section 1 with the following:

1 New Chapter; Citizen Suits. Amend RSA by inserting after chapter 507-F the following new chapter:

CHAPTER 507-G

Citizen Suits

507-G:1 Standing.

I. Any person may commence a civil action on his or her own behalf against any other person, including the state, who is in violation of any of the statutes enumerated in RSA 507-G:2, or any rule adopted pursuant to said statutes.

II. Any person may commence a civil action on his or her own behalf against the state for failure of a state agency to perform any non-discretionary action required by any of the statutes enumerated in RSA 507-G:2.

III. No person may commence a civil action under this chapter unless the person has an interest that is adversely affected by the alleged violation.

IV. No action may be brought under this chapter for past violations where no injunctive relief is available. A good faith allegation of a continuing violation shall suffice for jurisdictional purposes in cases of sporadic or intermittent violations.

507-G:2 Scope. Actions brought under this chapter must allege a violation of or failure to perform under one of the following:

I. RSA 125-C.

II. RSA 125-D.

III. RSA 125-G through 125-J.

IV. RSA 146-A.

V. RSA 146-C.

VI. RSA 147.

VII. RSA 147-A.

VIII. RSA 147-F.

IX. RSA 149-M.

X. RSA 155-E:4-a, II-a through 155-E:4-a, V.

XI. RSA 211:71 through 74.

XII. RSA 266:59-b.

XIII. RSA 339-A.

XIV. RSA Title L.

507-G:3 Notice.

I. At least 90 days prior to commencing an action pursuant to RSA 507-G:1, I, the prospective plaintiff shall provide notice of an intent to sue to the alleged violator, to the agency primarily responsible for implementing or enforcing the statute underlying the complaint, and to the attorney general. The notice shall identify the facts or events forming the basis for the allegation, the date or dates of the alleged violation, and the statute or rule.

II. At least 90 days prior to commencing an action pursuant to RSA 507-G:1, II, the prospective plaintiff shall provide notice of an intent to sue to the agency which has allegedly failed to perform a non-discretionary action, and to the attorney general. The notice shall identify the facts or events forming the basis for the allegation, and the specific non-discretionary statutory mandate alleged to have been violated. "Non-discretionary" shall not apply to decisions regarding the commencement or non-commencement of enforcement actions under this chapter.

III. Any action brought under this chapter shall be commenced within one year of the date of the notice of intent to sue. The plaintiff shall serve the attorney general with a copy of the pleading initiating the suit.

507-G:4 State Prosecution.

I. A suit may not be commenced under this chapter if the state agency primarily responsible for implementing or enforcing the statute underlying the complaint has commenced and is diligently prosecuting an administrative, civil, or criminal action in a state court against the violator to require compliance with the statute. Prosecution shall be presumed to be diligent absent persuasive evidence that the state is currently engaged in a pattern of conduct that could be considered dilatory, collusive, or otherwise in bad faith.

II. Any person who filed notice pursuant to RSA 507-G:3 prior to the commencement of the prosecution by the state may intervene in the state administrative or judicial enforcement actions as provided by law.

III. The state may intervene as a matter of right in any citizen suit.

507-G:5 Venue.

I. Actions under RSA 507-G:1, I shall be brought in the superior court of the county where the alleged violation occurred.

II. Actions under RSA 507-G:1, II shall be brought in the superior court of the county where the alleged violation occurred or in Merrimack county superior court.

507-G:6 Remedies. The court may order injunctive relief and impose civil penalties, payable to the state treasury, consistent with the applicable statute’s penalty provisions. If the applicable statute authorizes civil penalties for each day of a continuing violation, and the court finds that a violation was continuing at the time the complaint was filed, the court may impose civil penalties for the period of the violation after the complaint in addition to penalties imposed for the period before the complaint.

507-G:7 Costs. The court shall award reasonable costs, including reasonable attorney’s fees and expert witness fees, to any party who prevails or substantially prevails in an action brought under this chapter, if the court determines that such an award is in the public interest.

Senator Trombly moved to have SB 447-FN, relative to campaign contributions and expenditures, taken off the table.

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

SB 419-FN, establishing the crime of negligent storage of a firearm. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Cohen for the committee.

2000-3740s

05/10

Amend the bill by replacing section 1 with the following:

1 New Chapter; Negligent Storage of Firearms. Amend RSA by inserting after chapter 650-B the following new chapter:

CHAPTER 650-C

Negligent Storage of Firearms

650-C:1 Negligent Storage of Firearms.

I. Nothing in this section shall be construed to reduce or limit any existing right to purchase and own firearms or ammunition, or both, or to provide authority to any state or local agency to infringe upon the privacy of any family, home or business except by lawful warrant.

II. As used in this section, "child," "juvenile" or "youth" shall mean any person under 18 years of age.

III. Any person who stores or leaves on premises under that person’s control a loaded firearm, and who knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or guardian, is guilty of a class A misdemeanor if a child gains access to a firearm and:

(a) The firearm is used or displayed in a reckless or threatening manner;

(b) The firearm is used during the commission of any misdemeanor or felony; or

(c) The firearm is negligently or recklessly discharged.

IV. Any person who violates paragraph III shall be fined not more than $1,000 or sentenced to a term of imprisonment not to exceed one year, or both.

V. This section shall not apply whenever any of the following occurs:

(a) The child obtains the firearm as a result of an illegal entry of any premises by any person or an illegal taking of the firearm from the premises of the owner without permission of the owner.

(b) The firearm is kept secured in a locked box, gun safe, or in a location which a reasonable person would believe to be secure, or is secured with a trigger lock or similar device that prevents the firearm from discharging.

(c) The firearm is carried on the person or within such a close proximity thereto so that the individual can readily retrieve and use the firearm as if carried on the person.

(d) The child obtains or obtains and discharges the firearm in a lawful act of self-defense or defense of another person.

(e) The person who keeps a loaded firearm on any premises which are under such person’s custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.

VI. A parent or guardian of a child who is injured or who dies of an accidental shooting shall be prosecuted under this section only in those instances in which the parent or guardian behaved in a grossly negligent manner.

VII. Licensees shall conspicuously post at each purchase counter the following warning in bold type not less than one inch in height: "THE OWNER OF A FIREARM CAN BE HELD CRIMINALLY LIABLE IN NEW HAMPSHIRE FOR FAILING TO STORE OR KEEP A FIREARM, RIFLE, SHOTGUN, OR MACHINE GUN IN ANY PLACE UNLESS THAT WEAPON IS EQUIPPED WITH A TAMPER-RESISTANT SAFETY DEVICE OR IS STORED OR KEPT IN A SECURELY LOCKED CONTAINER PURSUANT TO RSA 650-C:1," and licensees shall provide said warning, in writing, to the purchaser or transferee of any firearm, rifle, shotgun or machine gun in bold type not less than ¼ inch in height. If a child gains access to a firearm and uses it in any manner provided for in paragraph III, a licensee failing to display or provide this warning to the purchaser of the firearm in question shall be guilty of a violation.

Senator Russman offered a floor amendment.

2000-3811s

05/04

Floor Amendment to SB 419-FN

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

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

2 Protection of Persons From Domestic Violence; Procedure for Return of Firearms, Ammunition, or Specified Deadly Weapons to Defendant Amended. RSA 173-B:5, X is repealed and reenacted to read as follows:

X.(a) In the event an action commenced under this chapter is withdrawn or dismissed, or upon the expiration of a protective order issued under this chapter, the court shall order all firearms, ammunition, or deadly weapons confiscated from the defendant to be returned to the defendant within 24 hours of the withdrawal, dismissal, or expiration of the protective order.

(b) The law enforcement agency may charge the defendant a reasonable fee for the storage of any firearms, ammunition, or specified deadly weapons taken pursuant to a protective order. The fee shall not exceed the actual cost incurred by the law enforcement agency for the storage of the firearms, ammunition, or specified deadly weapons. The defendant may make alternative arrangements with a federally licensed firearms dealer for storage at the defendant's own expense and upon approval of the court. The firearms, ammunition, or specified deadly weapons shall be turned over to the appropriate law enforcement agency for transfer to the storage facility. Retrieval shall be through the law enforcement agency responsible for their transfer to the storage facility and shall comply with the provisions of subparagraph X (a).

(c) No law enforcement agency shall be held liable for alleged damage or deterioration due to storage or transportation to any firearms, ammunition, or specified deadly weapons in its care, provided the law enforcement agency exercises due care in the storage or transportation.

3 Protection of Persons from Domestic Violence; Violation of Protective Order; Return of Firearms, Ammunition, or Specified Deadly Weapons to Defendant Amended. Amend RSA 173-B:9, I (b) to read as follows:

(b) Subsequent to an arrest, the peace officer shall seize any firearms and ammunition in the control, ownership, or possession of the defendant and any deadly weapons which may have been used, or were threatened to be used, during the violation of the protective order. The law enforcement agency shall maintain possession of the firearms, ammunition, or deadly weapons [until the court issues an order directing that the firearms, ammunition, or deadly weapons be relinquished and specifying the person to whom the firearms and ammunition or deadly weapons will be relinquished] pursuant to the provisions of this chapter.

4 Effective Date.

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

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

2000-3811s

AMENDED ANALYSIS

This bill makes it a class A misdemeanor to negligently store firearms, and provides for the expedited return of firearms, ammunition, and specified deadly weapons to a defendant upon dismissal of a domestic violence petition.

SB 427-FN, banning the sale or transfer of "Saturday night specials." Judiciary Committee.

MAJORITY: Inexpedient to Legislate, Senator Trombly for the committee. Vote 3-2. MINORITY: Ought to Pass, Senator Cohen for the committee. Vote 2-3.

SB 441-FN, relative to temporary orders in domestic situations where there has been no finding of abuse. Judiciary Committee. Vote 5-1. Ought to pass with amendment, Senator Fernald for the committee.

2000-3738s

04/09

Amend RSA 173-D:3, I as inserted by section 2 of the bill by replacing it with the following:

I. Any person may seek relief under this chapter by filing a petition, in the county or district where the petitioner resides, alleging a breakdown of the domestic relationship between household members which makes it no longer prudent or possible for the parties to continue to live together. Any person filing a petition containing false allegations shall be subject to civil and criminal penalties. Notice of the pendency of the action and of the facts alleged against the respondent shall be given to the respondent, either personally or as provided in paragraph II. The petitioner shall be permitted to supplement or amend the petition only if the respondent is provided an opportunity prior to the hearing to respond to the supplemental or amended petition. All petitions filed under this section shall include the home and work telephone numbers of the respondent, if known. Any answer by the respondent shall be filed with the court and a copy shall be provided to the petitioner by the court.

Amend RSA 173-D:4, I as inserted by section 2 of the bill by deleting subparagraph (g) and renumbering the original subparagraph (h) to read as (g).

Amend RSA 173-D:4 as inserted by section 2 of the bill by inserting after paragraph V the following new paragraph:

VI. No order may be issued under this chapter unless the respondent has been served with process pursuant to RSA 173-D:3, II.

Senator Fernald moved to have SB 441-FN, relative to temporary orders in domestic situations where there has been no finding of abuse, made a Special Order for next session, March 23, 2000.

HB 235-FN-A, increasing exemptions under the interest and dividends tax. Ways and Means Committee. Vote 5-3. Inexpedient to Legislate, Senator J. King for the committee.

Senator Below moved to substitute ought to pass for inexpedient to legislate.

Senator Below offered a floor amendment.

Sen. Below, Dist. 5

Sen. Fernald, Dist. 11

Sen. Brown, Dist. 17

March 16, 2000

2000-3818s

09/01

Floor Amendment to HB 235-FN-A

Amend the bill by replacing section 4 with the following:

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

Senator Johnson moved to have SB 132, requiring the removal of the telecommunications tower on Mount Kearsarge, taken off the table.

Senator Cohen moved to have SB 132, requiring the removal of the telecommunications tower on Mount Kearsarge, laid on the table.

SB 132, requiring the removal of the telecommunications tower on Mount Kearsarge.

SB 430-FN-A, authorizing the sweepstakes commission to allow electronic bingo games. Ways and Means Committee. Vote 5-3. Inexpedient to Legislate, Senator F. King for the committee.

Senator Cohen moved to have SB 430-FN-A, authorizing the sweepstakes commission to allow electronic bingo games, laid on the table.

SB 310, relative to New Hampshire state-chartered banks. Banks Committee. Vote 5-0. Ought to pass with amendment, Senator Fraser for the committee.

2000-3748s

09/01

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

AN ACT relative to New Hampshire state-chartered banks and interstate banking.

Amend the bill by replacing all after section 4 with the following:

5 Banks; Insurance Activities. RSA 384:16-b, I is repealed and reenacted to read as follows:

I. Any state-chartered bank or association may directly or indirectly engage in, or otherwise organize, invest in or loan funds to, any corporation or other type of company formed to engage in, any activity that is financial in nature or incidental to such financial activity authorized under the federal Gramm-Leach-Bliley Act to the same extent and in the same manner as permitted for a national bank under the Act and any activity that is complementary to a financial activity that is authorized by federal regulatory authorities under the federal Gramm-Leach-Bliley Act. Any activity that is financial in nature or incidental or complementary thereto which is treated as insurance under the laws or regulations of this state shall be subject to regulation by the insurance commissioner. Any bank or association seeking to engage in any such insurance activity shall give prior written notice to the insurance commissioner and shall comply with all applicable insurance laws and regulations.

6 Interstate Acquisitions. Amend RSA 384:58, II to read as follows:

II. [Except as otherwise provided in this paragraph,] An out-of-state bank holding company may directly or indirectly acquire a New Hampshire bank or a national bank having its principal place of business in New Hampshire which has been in existence for at least 5 years. The 5-year aging requirement of this paragraph shall not apply to a New Hampshire bank which was incorporated pursuant to RSA 386-A or RSA 392 prior to September 29, 1995. [For purposes of this section,] An out-of-state bank holding company may also organize, and be the sole incorporator of, a New Hampshire bank which is chartered under applicable New Hampshire law [solely for the purpose of acquiring control of, or acquiring all or substantially all of the assets and liabilities of, an existing New Hampshire bank or an existing national bank having its principal place of business in New Hampshire, provided that such newly chartered bank does not open for business prior to the consummation of the acquisition. Such newly chartered bank shall be deemed to have been in existence for the same period of time as the bank to be acquired]. No acquisition of an existing bank shall be permitted which will result in a violation of the [20 percent] deposit limitation contained in RSA [384-B:3(2), except as otherwise permitted under RSA 384-B:3 and RSA 384-B:8] 384-B. The authority granted by this section shall be available to the out-of-state bank holding company only if a New Hampshire bank holding company may acquire or organize a bank in the state in which the principal place of business of the out-of-state bank holding company is located under the authority of that state’s laws substantially to the same extent and in the same manner as the out-of-state bank holding company is permitted to do so in this section.

7 Interstate Bank Mergers. Amend RSA 384:59, I to read as follows:

I. Unless otherwise provided in this paragraph, a New Hampshire bank or a national bank having its principal place of business in New Hampshire may merge with any out-of-state bank in accordance with applicable laws and regulations of New Hampshire and any other applicable state and federal authority. If the resulting bank is an out-of-state bank, the New Hampshire bank or national bank having its principal place of business in New Hampshire shall be required to be in existence for at least 5 years in order to be eligible to merge. The 5-year aging requirement of this paragraph shall not apply to a New Hampshire bank which was incorporated pursuant to RSA 386-A or RSA 392 prior to September 29, 1995. No merger shall be permitted which will result in a violation of the [20 percent] deposit limitation contained in RSA [384-B:2, I and II or RSA 384-B:3(2), except as otherwise permitted under RSA 384-B:3 and RSA 384-B:8] 384-B.

8 Interstate Establishment or Acquisition of Branches. Amend RSA 384:60 to read as follows:

384:60 Interstate Establishment or Acquisition of Branches by a New Hampshire Bank.

I. A New Hampshire bank may establish a branch in any state or may acquire a branch or branches of an out-of-state bank in any state in accordance with the laws of such state. The New Hampshire bank shall be required to follow all procedures and to obtain all approvals necessary to establish or acquire a branch under applicable New Hampshire law and any applicable rules adopted by the bank commissioner consistent therewith. The New Hampshire bank shall file with the bank commissioner a copy of each application or notice filed with federal or other state regulatory authorities relating to the transaction at the same time such application or notice is filed with such federal or other state regulatory authorities. Upon consummation of the transaction, the New Hampshire bank shall have all the powers under the applicable laws and regulations of the state in which each branch is located, subject to the duties and restrictions thereof. In addition to any regulation by bank regulatory authorities in the state where a branch is located, each branch of the New Hampshire bank located outside of New Hampshire shall be subject to regulation by the bank commissioner as if such branch were located in New Hampshire and shall comply with New Hampshire law in the conduct of its banking business in such other state unless otherwise required or permitted under the laws of such other state.

9 Waiver of Deposit Limitation. Amend RSA 384-B:8 to read as follows:

384-B:8 Waiver of Deposit Limitation. In any transaction involving the merger, consolidation or acquisition of any bank, banks, or bank holding company, whenever one or more of such banks or bank holding companies is in such condition that the Federal Deposit Insurance Corporation or any other federal agency having supervisory authority over banks or bank holding companies in New Hampshire could take action which would result in a merger, acquisition, consolidation or other similar structural change, and in the absence of such federal action such a change would be prevented by the provisions of RSA 384-B:2 or RSA 384-B:3, the board may waive the [20] 30 percent dollar volume of total deposit limitation in RSA 384-B:2 and RSA 384-B:3. Any such waiver shall be binding upon the board in any proceeding involving the merger, consolidation or acquisition of such bank, banks, or bank holding company.

10 Repeal. RSA 384:16-b, II, relative to banks engaging in certain activities, is repealed.

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

2000-3748s

AMENDED ANALYSIS

This bill increases the maximum dollar volume of a bank’s deposits as a percentage of the dollar volume of total bank deposits in the state from 20 to 30 percent. The bill also allows New Hampshire state-chartered banks to engage in activities authorized pursuant to the federal Gramm-Leach-Bliley Act.

The bill also changes certain requirements for interstate banking.

SB 353, relative to sales of insurance by financial institutions. Banks Committee. Vote 5-0. Ought to pass with amendment, Senator Fernald for the committee.

2000-3749s

09/10

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

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

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

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

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

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

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

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

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

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

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

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

406-C:7 Separation of Activities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2000-3749s

AMENDED ANALYSIS

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

SB 425, relative to the private activity bond limit. Banks Committee. Vote 5-0. Ought to Pass, Senator Krueger for the committee.

SB 454, relative to penalties for engaging in the business of retail installment sales of motor vehicles after failure to renew a retail seller's license. Banks Committee. Vote 4-0. Ought to pass with amendment, Senator Wheeler for the committee.

2000-3759s

09/04

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

1 Penalties; Commencement Date; Failure to Renew Retail Seller's License. Amend RSA 361-A:11, II(a) to read as follows:

(a) In the case of failure to renew an expired license, the first day of [January] May following the date of expiration of said license.

2 New Subparagraph; Penalties; Failure to Renew Retail Seller's License. Amend RSA 361-A:11, II by inserting after subparagraph (b) the following new subparagraph:

(c) In the case of a retail seller who fails to apply for renewal of its license by the license expiration date, the fine shall not exceed $250 on the first occurrence of failure to renew, and shall not exceed $500 for any subsequent occurrences of failure to renew. Notwithstanding the foregoing, subparagraph (b) shall apply to any retail seller who fails to obtain an initial license or who was not licensed during the previous license year.

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

2000-3759s

AMENDED ANALYSIS

This bill establishes fines for failure to renew a retail seller’s license prior to the license expiration date.

HB 305-A, relative to a lease-purchase agreement between Cheshire county and the state for construction of a new district courthouse to be located in the town of Jaffrey. Capital Budget Committee. Vote 7-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2000-3755s

09/10

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

AN ACT relative to a lease-purchase agreement between Cheshire county and the state for construction of a new district courthouse to be located in the town of Jaffrey and increasing a capital appropriation to the department of safety.

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

2 Capital Appropriation; Department of Safety. Amend 1999, 226:4, II, A to read as follows:

A. Design and construct Troop D barracks/DMC training [$ 910,000] $1,510,000

3 Totals Increased. Amend 1999, 226:4, II by replacing the total state appropriation paragraph II and the total state appropriation section 4 with the following:

Total state appropriation paragraph II [$1,194,000] $1,794,000

Total state appropriation section 4 [$8,819,000] $9,419,000

4 Bonds Authorized Increased. Amend RSA 226:8 to read as follows:

226:8 Bonds Authorized. To provide funds for the total of the appropriations of state funds made in sections 1, 2, 3, and 4 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of [$59,425,314] $60,025,314 and for said purposes may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with the provisions of RSA 6-A.

5 Effective Date.

I. Section 1 of this act shall take effect July 1, 2000.

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

2000-3755s

AMENDED ANALYSIS

This bill authorizes a lease purchase agreement between Cheshire county and the state for construction of a new district courthouse to be located in the town of Jaffrey.

The bill also increases a capital appropriation to the department of safety for design and construction of Troop D Barracks/DMC training.

Senator Larsen moved that the Rules of the Senate be so far suspended as to allow a committee report not shown in the calendar.

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

SB 397, making an appropriation from the education trust fund for certain alternative kindergarten programs. Education Committee. Vote 4-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-3693s

04/01

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

AN ACT making an appropriation from the education trust fund for public kindergarten programs.

Amend the bill by replacing section 1 with the following:

1 Appropriation from Education Trust Fund. Notwithstanding the provisions of RSA 198:39, the sum of $1,450,000 is hereby appropriated, for the biennium ending June 30, 2001, from the education trust fund to the department of education for the purpose of funding public kindergarten programs pursuant to 1999, 65:9 as amended by 1999, 281:16. The governor is authorized to draw a warrant for said sum from any moneys available in the education trust fund.

2000-3693s

AMENDED ANALYSIS

This bill makes an appropriation of $1,450,000, for the biennium ending June 30, 2001, from the education trust fund to the department of education for the funding of public kindergarten programs pursuant to 1999, 65:9 as amended by 1999, 281:16.

HB 86-A, making an appropriation for renovation of the Sawyer House at the Daniel Webster Birthplace in the city of Franklin. Energy & Economic Development Committee. Vote 6-0. Ought to Pass, Senator Cohen for the committee.

HB 580-FN-A-L, authorizing a grant from funds appropriated to the joint promotional program for the purpose of marketing the Connecticut river area as a travel and tourism destination. Energy & Economic Development Committee. Vote 6-0. Ought to Pass, Senator Johnson for the committee.

SB 374, establishing a committee to study growth expansion and regional planning laws. . Energy & Economic Development Committee. Vote 6-0. Ought to Pass, Senator Cohen for the committee.

Senator Below offered a floor amendment.

2000-3824s

10/01

Floor Amendment to SB 374

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

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

1 Study Committee on Land Management, Protection of Farmland, Rural Character, Environmental Quality, and Sprawl as amended by 1999, 23; Duty Added. Amend 1998, 197:4 to read as follows:

197:4 Duties. The committee shall examine the laws of states that provide mechanisms for local management of residential, commercial, and industrial development proposals and shall explore alternative approaches to protect and preserve the farmlands, rural and community character, and environmental quality of New Hampshire. The committee shall also study growth expansion and regional planning laws, for the purpose of recommending criteria for involvement from community to community.

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

2000-3824s

AMENDED ANALYSIS

This bill adds a duty concerning growth expansion and regional planning laws to the study committee on land management, protection of farmland, rural character, environmental quality, and sprawl.

HB 387, relative to local telephone calling areas, access charges, and competitive telephone services. Executive Departments and Administration. Vote 6-0. Ought to Pass, Senator Francoeur for the committee.

HB 407, establishing a committee to study unsolicited commercial telephone solicitation calls. Executive Departments and Administration. Vote 5-1. Inexpedient to Legislate, Senator D'Allesandro for the committee.

HB 1287, relative to the membership of the water council. Executive Departments and Administration. Vote 6-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-3727s

03/09

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

2 Water Management and Protection Compacts; Water Pollution Control Compact; Commissioners. Amend RSA 484:19 to read as follows:

484:19 Commissioners. The governor, with the consent of the council, shall appoint 5 commissioners to the New England Interstate Water Pollution Control Commission. These commissioners shall include [the commissioner of the department of health and human services or his designee,] the commissioner of environmental services or his designee[,] and [3] 4 other persons to be nominated by the commissioner of environmental services. All commissioners, except [the commissioner of the department of health and human services and] the commissioner of environmental services, shall serve 4-year terms. A vacancy shall be filled for the remainder of the unexpired term.

2000-3727s

AMENDED ANALYSIS

This bill authorizes designees for ex officio members of the water council, requires members of the water council to take an oath, and removes the commissioner of the department of health and human services from mandatory membership on the New England Interstate Water Pollution Control Commission.

SB 408, relative to an animal owner's right to choose animal care. Executive Departments and Administration. Vote 7-0. Ought to pass with amendment, Senator Larsen for the committee.

2000-3691s

08/09

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

AN ACT establishing a committee to study the application of non-conventional veterinary procedures for domestic animals.

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

1 Committee Established. There is established a committee to study the application of non-conventional veterinary procedures for domestic animals.

2 Membership and Compensation.

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

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

(b) Three members of the house of representatives, 2 of whom shall be from the environment and agriculture committee, appointed by the speaker of the house.

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

3 Duties. The committee shall study the application of non-conventional veterinary procedures for domestic animals.

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

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

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

2000-3691s

AMENDED ANALYSIS

This bill creates a committee to study the application of non-conventional veterinary procedures for domestic animals.

SB 435-FN, relative to providing emergency 911 access from on-campus student housing at all postsecondary educational institutions within the state. Executive Departments and Administration. Vote 6-0. Interim Study, Senator Trombly for the committee.

SB 316, relative to "most favored nation" or "equally favored nation" provisions in insurance provider contracts. Insurance Committee. Vote 4-0. Ought to Pass, Senator Fraser for the committee.

SB 364, relative to benefits for permanent bodily losses under workers' compensation. Insurance Committee. Vote 7-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-3343s

01/09

Amend the bill by replacing section 1 with the following:

1 Balance Paid to Estate. RSA 281-A:32, XIII is repealed and reenacted to read as follows:

XIII. BALANCE PAID TO ESTATE. The balance of an unpaid weekly scheduled award shall, upon the death of the employee, be paid to the estate of the employee.

2000-3343s

AMENDED ANALYSIS

This bill requires that the balance of an unpaid weekly scheduled permanent impairment award under worker’s compensation be paid to the estate of the employee in the event of the employee’s death. Current law voids such balances.

SB 389-FN, relative to medical benefits for group II members of the retirement system. Insurance Committee. Vote 8-0. Ought to pass with amendment, Senator J. King for the committee.

2000-3247s

10/09

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

AN ACT relative to benefit options for surviving spouses and designated beneficiaries of deceased members of the retirement system.

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

1 Accidental Death; Group I; Option to Lump Sum Payment. Amend RSA 100-A:8, I(a) to read as follows:

(a) If, upon the receipt by the board of trustees of proper proof of the death of a group I member in service indicating that such death was the natural and proximate result of an accident occurring while in the performance of duty at some definite time and place, the board decides that death was the result of an accident in the performance of duty and not caused by willful negligence on the part of the member, a state annuity shall be paid to his widow, to continue during her widowhood; or if there is no widow, or if the widow dies or remarries before the youngest child of the deceased member has attained age 18, then to his child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship state annuity for the benefit of such child or children under said age until every child dies or attains said age; or if there is no widow or child under age 18 living at the death of the member, then to his dependent father or dependent mother as the board shall determine, to continue for life; or if the deceased member is a female, the foregoing benefits shall be payable to her widower, children or dependent parents only in like manner and amount; provided that if none of the aforementioned beneficiaries is living or eligible for benefits under the provisions of this section, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member's estate, a lump sum amount which is equal to the deceased member's base salary plus accrued benefits not paid at the time of death, in addition to the amount payable under RSA 100-A:11. In lieu of such lump sum amount, the designated beneficiary or beneficiaries may elect to receive the applicable ordinary death benefit that, under RSA 100-A:9, would have been payable to the beneficiary or beneficiaries if the member’s death had not been the result of an accident occurring while in the performance of duty.

2 Accidental Death; Group II; Option to Lump Sum Payment. Amend RSA 100-A:8, II(a) to read as follows:

(a) If, upon the receipt by the board of trustees of proper proof of the death of a group II member in service indicating that such death was the natural and proximate result of an accident occurring while in the performance of duty at some definite time and place, or as the natural and proximate result of repeated trauma or gradual degeneration occurring while in the actual performance of duty or arising out of and in the course of employment or of any occupational disease arising out of or in the course of employment, as defined by RSA 281-A:2, XI and found to be compensable by the commissioner of labor pursuant to RSA 281-A:43; the board decides that death was the result of an accident in the performance of duty and not caused by willful negligence on the part of the member, a state annuity shall be paid to the member's surviving spouse, to continue until the surviving spouse remarries; or if there is no surviving spouse, or if the surviving spouse dies or remarries before the youngest child of the deceased member has attained age 18, then to the deceased members' child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship state annuity for the benefit of such child or children under said age until every child dies or attains said age; or if there is no surviving spouse or child under age 18 living at the death of the member, then to the member's dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living or eligible for benefits under the provisions of this section, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member's estate, a lump sum amount which is equal to the deceased member's base salary plus accrued benefits not paid at the time of death, in addition to the amount payable under RSA 100-A:11. In lieu of such lump sum amount, the designated beneficiary or beneficiaries may elect to receive the applicable ordinary death benefit that, under RSA 100-A:9, would have been payable to the beneficiary or beneficiaries if the member’s death had not been the result of an accident occurring while in the performance of duty.

3 Ordinary Death Benefit. RSA 100-A:9 is repealed and reenacted to read as follows:

100-A:9 Ordinary Death Benefit; Group I and II Members.

I. Upon receipt by the board of trustees of proper proof of the death of a group I or group II member in service indicating that such death was not the result of an accident occurring while in the performance of duty, there shall be a death benefit payable to either the member's surviving spouse or, if the member has designated a beneficiary other than the member’s spouse, the member’s designated beneficiary or beneficiaries, if living, otherwise to the member's estate.

II. If the member was eligible for service retirement pursuant to RSA 100-A:5, I(a) or (c), RSA 100-A:5, II(a), or RSA 100-A:19-b at the time of the member's death, there shall be payable to the member's surviving spouse or designated beneficiary or beneficiaries, if living, a service retirement allowance, continuing until death equal to the survivor benefit payable under RSA 100-A:13, III, Option 2 had the member retired immediately prior to death, based on average final compensation and creditable service at the time of death. In lieu of the allowance, the surviving spouse or designated beneficiary or beneficiaries may elect to receive the lump sum benefit set forth in paragraph IV. If the member’s spouse beneficiary or the member’s designated non-spouse beneficiary or beneficiaries predecease the member, the member’s estate shall receive the lump sum benefit set forth in paragraph IV.

III. If the member has at least 10 years combined creditable service, but was not eligible for service retirement pursuant to RSA 100-A:5, I(a) or (c), RSA 100-A:5, II(a), or RSA 100-A:19-b at the time of the member’s death and has not designated a beneficiary or beneficiaries other than the member’s spouse, there shall be payable to the member’s surviving spouse an allowance, continuing until the spouse’s death or remarriage, equal to 50 percent of the service retirement allowance that would have been payable to the member had the member retired immediately prior to death, based on average final compensation and creditable service at the time of death. In lieu of such allowance, the surviving spouse may elect the lump sum benefit set forth in paragraph IV. If the member has designated a beneficiary or beneficiaries other than the member’s spouse, the designated beneficiary or beneficiaries, if living, otherwise the member’s estate, shall receive the lump sum benefit set for the in paragraph IV.

IV. If the member did not have at least 10 years combined creditable services and was not eligible for service retirement at the time of death, there shall be payable to the member’s surviving spouse or the member’s designated beneficiary or beneficiaries, if other than a spouse, if living, otherwise to the member’s estate, a lump sum benefit equal to the deceased member’s annual earnable compensation at the time of death in addition to the amount payable under RSA 100-A:11.

V. A member may designate multiple beneficiaries, however, only the member’s spouse and/or children shall be eligible to receive the survivor benefit set forth in paragraph II. When a survivor benefit is payable to multiple beneficiaries, the unanimous written consent of all multiple beneficiaries is required to authorize the receipt of a lump sum death benefit in lieu of the survivor benefit. If a member designates, as a multiple beneficiary, any person other than the member’s spouse and/or children, all of the member’s designated multiple beneficiaries shall be limited to receipt of the lump sum benefit in paragraph IV.

VI. Any beneficiary designation properly executed by a member and timely filed with the retirement system shall revoke any beneficiary designation previously filed by the member.

4 Optional Allowances; Survivorship Option. Amend RSA 100-A:13, I to read as follows:

I. [Any member who has reached service retirement age as provided in RSA 100-A:5, I(a) or II(a), or RSA 100-A:19-b,] Any eligible member applying for retirement or any retiree within 120 days after the effective date of retirement, may elect to receive, instead of the retirement allowance otherwise payable, a retirement allowance of equivalent actuarial value under one of the options named in paragraph III, or to redesignate any such option previously elected. When the member elects to receive an optional retirement allowance under paragraph III, the beneficiary or beneficiaries whom the member nominates may include the member's spouse and/or children. The notice of election or change of retirement option shall be on a form designated by the board. The optional allowance shall be effective upon retirement if the election is made before the effective date of retirement, and on the first day of the month following receipt by the board of the notice of election or change of option if made during the 120-day grace period. When an election or change of option is made during the 120-day grace period, no retroactive adjustments will be made in payments already received by the retiree. After expiration of the 120-day grace period no change in option selection shall be permitted except as provided in paragraph II. If a retiree dies after filing notice of election or change of option during the 120-day grace period but before the effective date, the election or change shall be effective as of the date of death. If a member dies after filing an election for a survivorship retirement option and before the effective date of retirement, [whether or not the member has filed for retirement,] the beneficiary who was nominated by the member in the election of the option may elect to receive either the optional survivor benefit which the member had elected or the ordinary death benefit provided under RSA 100-A:9, whichever is more advantageous to the beneficiary[; provided that, in the case of the member's death before retirement, if the beneficiary named in the survivorship option election is not the same person as the beneficiary under RSA 100-A:9, then the death benefit under RSA 100-A:9, II, and not the survivorship option shall apply].

5 New Paragraph; Optional Allowances; Beneficiary Designation. Amend RSA 100-A:13 by inserting after paragraph III the following new paragraph:

IV. Any beneficiary designation properly executed by a member and timely filed with the retirement system shall revoke any beneficiary previously filed by the member.

6 New Hampshire Retirement System; Medical Benefits; Application. Amend RSA 100-A:55, I to read as follows:

I. The additional benefits provided under RSA 100-A:52 shall apply to persons who are active or retired members of group II as of June 30, [1995] 1997; to persons who prior to July 1, 1988, had completed no less than 20 years of group II creditable service, but who for reasons other than retirement or death ceased to be a group II member prior to attaining the age of 45, and who, as of July 1, 1993, are eligible for vested deferred retirement benefits; and to persons who are group II permanent policemen or permanent firemen members on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty who become permanent policemen members of group II [after June 30, 1988, but] before July 1, [1995] 2000 or permanent firemen members of group II [after June 30, 1988, but] before July 1, [1995] 2000. Such additional benefits shall not apply to other persons who become members of group II after June 30, [1995] 2000, without future legislation to include them. It is the intent of the legislature that future group II members shall be included only if the total cost of such inclusion can be funded by reimbursement from the special account established under RSA 100-A:16, II(h).

7 Repeal. RSA 100-A:52, I(g), relative to payment of cost of medical benefits for certain retired police members on disability retirement, is repealed.

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

2000-3247s

AMENDED ANALYSIS

This bill provides for survivor benefits and options for spouses and designated beneficiaries of deceased retirement system members.

SB 394-FN, making miscellaneous changes in the insurance laws. Insurance Committee. Vote 8-0. Ought to Pass, Senator Fraser for the committee.

SB 415-FN-L, relative to payment of group health insurance premiums for eligible retired members of the retirement system. Insurance Committee. Vote 8-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-3743s

10/04

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

1 Credit for Out-of-state Service; Eligibility for Medical Benefits. Amend RSA 100-A:4-b, III to read as follows:

III. In no case shall out-of-state service purchased as creditable service in the New Hampshire retirement system under the provisions of this section be deemed to be creditable state service for the purposes of eligibility for medical benefits after retirement under the provisions of RSA 21-I:30 or RSA [100-A:53-a] 100-A:52-a.

2 New Section; Payment by Retirement System; Teachers and Political Subdivision Employees. Amend RSA 100-a by inserting after section 52 the following new section:

100-A:52-a Payment by Retirement System; Group I Teachers and Political Subdivision Employees.

I. The New Hampshire retirement system shall pay the cost for permanent group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits, in the employer-sponsored plan provided for active employees of a retiree’s former employer, subject to the provisions of this section, for the following persons:

(a) Any person, who has at least 20 years of creditable service as a group I member if age 60 or older, or at least 30 years of creditable service as a group I member if age 55-59, retired on or before July 1, 2004 as a group I teacher member or political subdivision employee member of the New Hampshire retirement system on service or ordinary disability retirement, provided that such person shall be entitled to retirement on the basis of group I creditable service, or any person retired on or before July 1, 2004, as a group I member whose service retirement benefit is based upon the provisions of RSA 100-A:19-c and who has a minimum of 20 years of creditable service as a group I member.

(b) Any person who has completed no less than 20 years of group I creditable service, but who for reasons other than retirement or death ceased to be a group I teacher member or political subdivision employee member prior to attaining the age of 60, and who, as of July 1, 2004, receives a vested deferred retirement allowance and who subsequently attains the age of 60.

(c) Any person who has completed no less than 20 years of group I creditable service and who retired as a group I teacher member or political subdivision employee member prior to age 60, and who subsequently attains the age of 60, or any person who has completed no less than 30 years of group I creditable service and who retired as a group I teacher member or political subdivision employee member prior to age 55, and who subsequently attains the age of 55.

(d) The surviving spouse of a deceased retired group I teacher member or political subdivision employee member who met the qualifications of subparagraphs (a), (b) or (c), or of a deceased member who died while in service as a group I teacher member or political subdivision employee member, provided that such surviving spouse was covered as the member’s spouse in the employer-sponsored plan before the member’s death and is entitled to a monthly allowance under RSA 100-A:8, 100-A:9, or 100-A:13.

(e) Any certifiably dependent child with a disability living in the household and being cared for by the qualified retired member, the member’s spouse, or the qualified surviving spouse.

(f) The surviving spouse and children of a deceased teacher or group I political subdivision employee member who dies as the natural and proximate result of injuries suffered while in the performance of duty, provided that:

(1) Any such child shall be qualified under this subparagraph only if under 18 years of age, or under 23 years of age if attending school on a full-time basis; and

(2) Such surviving spouse shall cease to be qualified upon the remarriage of the surviving spouse; and

(3) No surviving spouse or child shall be qualified or continue to be qualified under this subparagraph while receiving or eligible to receive medical insurance or health care benefits from any employer’s sponsored plan.

(g) Any group I teacher member or political subdivision employee member retired on or before July 1, 2004 on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty.

(h) The spouse of a qualified retiree.

II. However, for the fiscal year beginning July 1, 2000, the maximum amount payable by the retirement system under this subdivision on account of each person qualified under paragraph I who is not entitled to medicare benefits, and on account of each person qualified under paragraph I who is entitled to medicare benefits, shall be the same as the amount provided in RSA 100-A:52, II for group II retirees. As of July 1, 2000 and on each July 1 thereafter, the maximum amount payable by the retirement system as provided in this paragraph shall be increased by 8 percent, compounded on previous increases.

III. In the case of group I members retired from employment by political subdivisions of the state, the amount payable by the retirement system on account of qualified persons shall be paid over to the employer, insurer, or health care administrator and used to pay for all or part of the medical benefits provided through the former employer for qualified persons. If the cost of the premium for any eligible person under paragraph I shall exceed the maximum under paragraph II, and the employer does not elect to pay the excess cost, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The employer may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.

IV. There shall be no age limit to participate in the employer sponsored medical and health plan provided in paragraph I, and there shall be no physical examination or health statement required for such coverage, provided, however, that if an eligible retired group I teacher member or political subdivision employee member of the retirement system fails to apply for such coverage within the time required by the insurance contract, the insurer may require satisfactory evidence of insurability as a condition for becoming insured.

V. Any group I teacher member retired before January 1, 2000, or other eligible person under paragraph I, who would have been eligible for medical benefits under this section if this section had been in effect on the member’s date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member’s former employer and of receiving benefits under this section, provided that such eligible person shall apply to the employer for such benefits before January 1, 2002. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer’s plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer’s group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.

VI. Any group I political subdivision employee member retired before January 1, 2001, or other eligible person under paragraph I, who would have been eligible for medical benefits under this section if this section had been in effect on the member’s date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member’s former employer and of receiving benefits under this section, provided that such eligible person shall apply to the employer for such benefits before January 1, 2003. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer’s plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer’s group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.

VII. The retirement system shall notify all group I teacher and political subdivision employee retirees and surviving spouse beneficiaries, who are currently drawing monthly allowances from the retirement system, of their possible right to re-join and active-employee medical insurance or health plan and to receive benefits under this section.

VIII. Any person who is eligible to receive group insurance or other medical benefits under the provisions of this section, but who does not need and who declines such benefits because they would be duplicative of coverage under any employer-sponsored plan, shall nevertheless continue to be eligible and, upon ceasing to be eligible for the other coverage, shall be permitted to receive the benefits allowable under this section without any waiting period.

3 References Changed. Amend RSA 100-A:53-b to read as follows:

100-A:53-b Method of Financing; Group I Teachers.

I. The benefits provided under RSA [100-A:53-a] 100-A:52-a shall be provided by a 401(h) subtrust of the New Hampshire retirement system. The 401(h) subtrust shall be funded by allocating 25 percent of future group I teacher employer contributions made for group I teachers in accordance with RSA 100-A:16 to the subtrust until such time as the benefits are fully funded. Thereafter the subtrust shall receive only that portion of each year's contribution as is necessary to keep the benefits fully funded.

II. All contributions made to the retirement system to provide medical benefits under RSA [100-A:53-a] 100-A:52-a shall be maintained in a separate account, the 401(h) subtrust. All funds and accumulated interest shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter may be used or diverted to provide medical benefits under RSA [100-A:53-a] 100-A:52-a. The funds, if any, providing medical benefits under RSA [100-A:53-a] 100-A:52-a may be invested pursuant to the provisions of RSA 100-A:15.

4 New Section; Method of Financing Group I Political Subdivision Employees. Amend RSA 100-A by inserting after section 53-b the following new section:

100-A:53-c Method of Financing; Group I Political Subdivision Employees.

I. The benefits provided under RSA 100-A:52-a shall be provided by a 401(h) subtrust of the New Hampshire retirement system. The 401(h) subtrust shall be funded by allocating 25 percent of future group I employer contributions made for group I political subdivision employees in accordance with RSA 100-A:16 to the subtrust until such time as the benefits are fully funded. Thereafter the subtrust shall receive only that portion of each year’s contribution as is necessary to keep the benefits fully funded.

II. All contributions made to the retirement system to provide medical benefits under RSA 100-A:52-a shall be maintained in a separate account, the 401(h) subtrust. All funds and accumulated interest shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter may be used or diverted to provide medical benefits under RSA 100-A:52-a. The funds, if any, providing medical benefits under RSA 100-A:52-a may be invested pursuant to the provisions of RSA 100-A:15.

5 Reference Changed. Amend RSA 100-A:55, I-a to read as follows:

I-a. It is the intent of the legislature that future group I teacher members eligible after July 1, 2004 shall be included under the provisions of RSA [100-A:53-a] 100-A:52-a only if the total cost of such inclusion can be terminally funded from the special account established under RSA 100-A:16, II(h).

6 New Paragraph; Application; Funding. Amend RSA 100-A:55 by inserting after paragraph I-a the following new paragraph:

I-b. It is the intent of the legislature that future group I political subdivision employee members eligible after July 1, 2004 shall be included under the provisions of RSA 100-A:52-a only if the total cost of such inclusion can be terminally funded from the special account established under RSA 100-A:16, II(h).

7 Transfer; Application of Repeal. Any person who applied for and was eligible to receive the benefit provided by RSA 100-A:53-a prior to the repeal by section 9 of this act shall be considered to have applied under and shall have eligibility transferred to the provisions of RSA 100-A:52-a as inserted by this act. Funds transferred for the purpose of RSA 100-A:53-a prior to its repeal shall be available for the purpose of providing the benefits under the RSA 100-A:52-a as inserted by this act.

8 Funding.

I. The sum of $34,759,000 is hereby transferred from the group I employee special account balance existing on June 30, 2000 for the purpose of funding RSA 100-A:52-a and RSA 100-A:53-c as inserted by this act.

II. The sum of $14,628,000 is hereby transferred from the group I teacher special account balance existing on June 30, 2000 for the purpose of funding RSA 100-A:52-a as inserted by this act.

9 Repeal. RSA 100-A:53-a, relative to medical benefits payment for teachers, is repealed.

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

2000-3743s

AMENDED ANALYSIS

This bill provides for the payment by the retirement system of the cost of group health insurance for eligible retired political subdivision employees and integrates the payment obligation for eligible retired teachers. The additional benefits shall be funded from the special account for current retired political subdivision employees until 2004.

SB 300, establishing a committee to study the administrative functions and procedures of the state court system. Judiciary Committee. Vote 4-2. Inexpedient to Legislate, Senator Fernald for the committee.

SB 308, relative to adoption of a minor child by the natural grandparents. Judiciary Committee. Vote 7-0. Ought to pass with amendment, Senator Gordon for the committee.

2000-3765s

04/09

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

AN ACT relative to the adoption of a minor child by the natural grandparents and relative to de novo appeals to the superior court in abuse and neglect proceedings before the family division in Grafton and Rockingham counties.

Amend RSA 170-B:14, V as inserted by section 1 of the bill by replacing it with the following:

V. Notwithstanding the provisions of RSA 170-B:14, I and II, where a neutral grandparent or grandparents seek to adopt the minor child, the court may proceed to a hearing and a decree without an investigation when both of the following circumstances are met:

(a) The parents of the minor child have consented to the adoption; and

(b) The minor child has resided with the natural grandparent or grandparents for at least 3 years prior to filing the petition for adoption.

Amend the bill by replacing all after section 2 with the following:

3 Child Protection Act; Appeals to Superior Court Added. Amend RSA 169-C:28 to read as follows:

169-C:28 Appeals.

I. An appeal under this chapter may be taken to the superior court by the child or the child's authorized representative or any party having an interest, including the state, or any person subject to any administrative decision pursuant to this chapter, within 30 days of the final dispositional order; but an appeal shall not suspend the order or decision of the court unless the court so orders. The superior court shall hear the matter de novo, and shall give an appeal under this chapter priority on the court calendar. For purposes of this chapter, a "final dispositional order" includes a dismissal of a petition for abuse and neglect by the district court. "Final dispositional order" shall also include any ruling or order arising from an administrative hearing held or initiated by any administrative agency, including the department, in which a finding of child abuse or neglect is made.

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

2000-3765s

AMENDED ANALYSIS

This bill provides that upon the fulfillment of certain criteria, the court may proceed directly to a hearing and decree in cases where the natural grandparent or grandparents seek to adopt a minor child. The bill also provides that a de novo appeal to the superior court in abuse and neglect proceedings shall be provided in cases before the family division in Grafton and Rockingham counties.

SB 412-FN, adopting the "Court Integrity and Attorney's Independence Act." Judiciary Committee. Vote 6-1. Inexpedient to Legislate, Senator Wheeler for the committee.

SB 413-FN, relative to confidentiality of addresses for victims of domestic violence, stalking or sexual assault. Judiciary Committee. Vote 7-0. Ought to Pass, Senator Wheeler for the committee.

SB 420-FN, increasing the penalty for cruelty to animals taking place in front of children. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Cohen for the committee.

2000-3725s

08/09

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

AN ACT increasing the penalty for people convicted of purposeful cruelty to animals taking place in front of children and with intent to intimidate them and relative to criminal threatening.

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

1 Intent. The general court recognizes that exposing children to acts of cruelty to animals may increase the likelihood that such children will themselves commit similar acts. The general court also recognizes that certain persons use acts or threats of cruelty to household pets as a means of intimidating, threatening, coercing, or terrorizing other people, particularly in situations of domestic turmoil. The general court therefore determines that it is appropriate and beneficial to impose extended terms of imprisonment for purposeful acts of cruelty to animals in the presence of children; to make acts or threats of cruelty to animals with the purpose of intimidating, threatening, coercing, or terrorizing another person a criminal threatening offense; and to make an act or threat to commit cruelty to animals with a deadly weapon a class B felony.

2 New Subparagraph; Criminal Threatening; Cruelty to Animals With Purpose of Intimidating, Threatening, Coercing, or Terrorizing. Amend RSA 631:4, I by inserting after subparagraph (e) the following new subparagraph:

(f) The person commits or threatens to commit cruelty to animals, as provided in RSA 644:8, III-a, with the purpose of intimidating, threatening, coercing, or terrorizing another person.

3 Criminal Threatening; Cruelty to Animals With Specific Intent While Using a Deadly Weapon. Amend RSA 631:4, II (a)(2) to read as follows:

(2) Uses a deadly weapon as defined in RSA 625:11, V in the violation of the provisions of subparagraph I(a), I(b), I(c), [or] I(d), or I(f).

4 Cruelty to Animals in Front of Children; Extended Term of Imprisonment. Amend RSA 644:8, III-a to read as follows:

III-a.(a) A person is guilty of a class B felony who purposely beats, cruelly whips, tortures, or mutilates any animal or causes any animal to be beaten, cruelly whipped, tortured, or mutilated.

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

2000-3725s

AMENDED ANALYSIS

This bill provides that a person convicted of purposeful cruelty to animals while in the presence of a child under the age of 13 and with the intent of intimidating, threatening, coercing, or terrorizing such person may be sentenced to a term of imprisonment not exceeding 9 years and shall be sentenced to at least one year’s imprisonment. This bill makes the act of committing or threatening to commit cruelty to animals with the purpose of intimidating, threatening, coercing, or terrorizing another person a criminal threatening offense. This bill also provides that such an act that is committed with the use of a deadly weapon shall be a class B felony.

SB 439-FN, relative to motor vehicle offenses resulting in death or serious bodily injury. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Wheeler for the committee.

2000-3736s

05/10

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

AN ACT relative to motor vehicle offenses resulting in serious bodily injury.

Amend the bill by deleting section 1 and renumbering the original sections 2 and 3 to read as 1 and 2, respectively.

2000-3736s

AMENDED ANALYSIS

This bill creates a new criminal classification for aggravated vehicular assault.

HB 1150, relative to voter registration for official ballot meetings. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Krueger for the committee.

HB 1198, establishing a procedure for the 2001 voter checklist verification. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Disnard for the committee.

2000-3702s

05/09

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

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

2000-3702s

AMENDED ANALYSIS

This bill establishes a procedure for the 2001 voter checklist verification that automatically reregisters only those persons who voted during the year 2000 and the municipal elections of 1999.

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

HB 1566, relative to perambulation between states. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

HCR 21, urging the federal government to increase the pay to military personnel. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Eaton for the committee.

2000-3701s

05/09

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

A RESOLUTION urging the federal government to increase the pay to all active and retired military personnel.

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

That the federal government increase the compensation and benefits of all active and retired military personnel to a level adequate to ensure retention of personnel necessary for the military to fulfill its duties; and

That the federal government increase the compensation and benefits of all active and retired military personnel to a level sufficient to ensure that no military personnel shall be forced to rely on federally-funded social service programs; and

That the clerk of the New Hampshire house of representatives forward copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and to the members of the New Hampshire congressional delegation.

2000-3701s

AMENDED ANALYSIS

This house concurrent resolution urges the federal government to increase the pay to all active and retired military personnel.

HCR 22, urging the federal government to ensure that defense appropriations are spent in support of defense programs. Public Affairs Committee. Vote 6-0. Ought to Pass, Senator Krueger for the committee.

SB 312, relative to fluoride. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Roberge for the committee.

HB 1378, establishing a task force to conduct an ongoing study of the feasibility of re-establishing passenger rail service on the Eastern Line from Newburyport, Massachusetts to Kittery, Maine. Transportation Committee. Vote 2-0. Ought to pass with amendment, Senator Pignatelli for the committee.

2000-3686s

05/10

Amend paragraph I as inserted by section 1 of the bill by inserting after subparagraph (j) the following:

(k) A representative of TRAIN RIDERS/Northeast.

(l) The commissioner of the department of environmental services, or designee.

Senator Gordon offered a floor amendment.

2000-3777s

05/10

Floor Amendment to HB 1378

Amend subparagraph I(c) of section 1 of the bill by replacing section 4 with the following:

(c) Two representatives appointed by the governor, one of whom shall represent the interests of intercity bus service.

HB 1409, establishing a committee to study the feasibility of reestablishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon Northern passenger rail service line. Transportation Committee. Vote 3-1. Ought to pass with amendment, Senator Russman for the committee.

2000-3685s

05/10

Amend the bill by replacing section 1 with the following:

1 Committee Established. There is established a committee to study the feasibility of reestablishing the Lawrence, Massachusetts to Manchester, New Hampshire passenger rail service line and the Concord to Lebanon Northern passenger rail service line and coordinating passenger rail service with existing intermodal transportation systems within the identified transportation corridor.

Amend the bill by replacing section 3 with the following:

3 Duties. The committee shall identify existing intermodal passenger ridership and evaluate increasing potential ridership demand over the next 5 to 10 years, the costs associated with reestablishing the lines, the opportunities for private/public partnerships to assist in funding the project, and the interactions required between participating states. The committee shall work collaboratively with all geographically associated regional planning commissions and other New Hampshire intermodal transportation systems providing a transportation service to the public within the identified transportation corridor. In addition, the committee shall utilize 2000, 7 (HJR 6) as a guide in addressing issues pertaining to the northern rail corridor.

2000-3685s

AMENDED ANALYSIS

This bill establishes a committee to study the feasibility of reestablishing the Lawrence, Massachusetts to Manchester, New Hampshire passenger rail service line and the Concord to Lebanon Northern passenger rail service line and coordinating passenger rail service with existing intermodal transportation services.

HB 1616-FN, relative to registration fees for certain construction equipment vehicles. Transportation Committee. Vote 4-0. Ought to Pass, Senator Russman for the committee.

SB 302, relative to certain employment requirements for liquor licensees. Ways and Means Committee. Vote 7-0. Ought to Pass, Senator Below for the committee.

SB 452, increasing to $25 per game date the amount operators of bingo games may be reimbursed for out-of-pocket expenses. Ways and Means Committee. Vote 7-0. Ought to Pass, Senator F. King for the committee.

Senator Gordon moved to have SB 349, relative to the sale of the marital residence or other real property in a domestic proceeding, taken off the table.

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

Question is on the committee report of inexpedient to legislate.

Senator Gordon moved to substitute ought to pass for inexpedient to legislate.

Senator Gordon offered a floor amendment.

2000-3836s

04/10

Floor Amendment to SB 349

Amend RSA 458:16, I (h) as inserted by section 1 of the bill by replacing it with the following:

(h) Ordering the sale of the marital residence or other real property held by the parties, provided that both parties have previously filed a written stipulation with the clerk of the court explicitly agreeing to the sale of the property prior to the final hearing on the merits. If the parties have not so stipulated, the sale of the marital residence may be ordered if the parties have insufficient financial resources to pay the debts or obligations generated by the property, including mortgage payments, taxes, insurance, and ordinary maintenance, as those debts and obligations come due. No temporary order shall be made for the sale of the marital residence or other real property as long as the party residing within the marital residence is determined to have adequate financial resources to pay any debts or obligations generated by the property, including mortgage payments, taxes, insurance, and ordinary maintenance, as those debts and obligations come due.

2000-3836s

AMENDED ANALYSIS

This bill sets forth circumstances allowing the court, in a divorce, separation, or annulment proceeding, to issue an order for temporary relief which would include the sale of the marital residence or other real property, with the prior written consent of both parties.

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

SB 438-FN, relative to habitual simple assault.

Senator Francoeur offered a floor amendment.

2000-3752s

05/01

Floor Amendment to SB 438-FN

Amend the bill by replacing section 1 with the following:

1 New Classification; Habitual Simple Assault. Amend RSA 631:2-a, II to read as follows:

II. Except as provided in paragraph III, simple assault is a misdemeanor unless committed in a fight entered into by mutual consent, in which case it is a violation.

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 the Senate:

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

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

Senator Cohen movedto 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 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 23, 2000 at 10:00 a.m.

HB 86-A, making an appropriation for renovation of the Sawyer House at the Daniel Webster Birthplace in the city of Franklin.

HB 235-FN-A, increasing exemptions under the interest and dividends tax.

SB 302, relative to certain employment requirements for liquor licensees.

SB 308, relative to the adoption of a minor child by the natural grandparents and relative to de novo appeals to the superior court in abuse and neglect proceedings before the family division in Grafton and Rockingham counties.

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

SB 312, relative to fluoride.

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

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

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

SB 364, relative to benefits for permanent bodily losses under workers' compensation.

SB 374, relative to the duties of the study committee on land management, protection of farmland, rural character, environmental quality, and sprawl.

HB 387, relative to local telephone calling areas, access charges, and competitive telephone services.

SB 389, relative to benefit options for surviving spouses and designated beneficiaries of deceased members of the retirement system.

SB 394-FN, making miscellaneous changes in the insurance laws.

SB 408, establishing a committee to study the application of non-conventional veterinary procedures for domestic animals.

SB 409-FN, relative to health insurance coverage of qualified clinical trials.

SB 415-FN-L, relative to payment of group health insurance premiums for eligible retired members of the retirement system.

SB 419-FN, establishing the crime of negligent storage of a firearm.

SB 420, increasing the penalty for people convicted of purposeful cruelty to animals taking place in front of children and with intent to intimidate them and relative to criminal threatening.

SB 425, relative to the private activity bond limit.

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

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

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

SB 454, relative to penalties for engaging in the business of retail installment sales of motor vehicles after failure to renew a retail seller's license.

HB 580-FN-A-L, authorizing a grant from funds appropriated to the joint promotional program for the purpose of marketing the Connecticut river area as a travel and tourism destination.

HB 1150, relative to voter registration for official ballot meetings.

HB 1198, establishing a procedure for the 2001 voter checklist verification.

HB 1287, relative to the membership of the water council.

HB 1378, establishing a task force to conduct an ongoing study of the feasibility of re-establishing passenger rail service on the Eastern Line from Newburyport, Massachusetts to Kittery, Maine.

HB 1409, establishing a committee to study the feasibility of reestablishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon Northern passenger rail service line.

HB 1566, relative to perambulation between states.

HB 1616-FN, relative to registration fees for certain construction equipment vehicles.

HCR 21, urging the federal government to increase the pay to military personnel.

HCR 22, urging the federal government to ensure that defense appropriations are spent in support of defense programs.