SENATE
JOURNAL 6 (cont.)
March 16, 2000
Out of Recess.
HOUSE MESSAGE
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 1109, relative to the modification of spousal support orders.
HB 1113, raising the maximum price for lucky 7 tickets.
HB 1139, establishing a committee to study involuntary emergency admission hearings.
HB 1160, relative to access to the enhanced 911 system.
HB 1171, restricting the payment of salaries to suspended judicial officers.
HB 1172, providing staggered terms for agricultural advisory board members.
HB 1185, extending the report date of the committee established to study mercury source reduction and recycling issues to November 1, 2000.
HB 1191-FN-L, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas.
HB 1194, relative to the composition of planning boards in certain cities.
HB 1234, relative to special commissions to perform marriages in New Hampshire.
HB 1239, relative to durable powers of attorney.
HB 1242, relative to the standard for modification of a child custody order.
HB 1282, establishing a committee to study the possibility of self-insuring state employees.
HB 1319, extending the reporting date of the committee studying negotiated risk agreements and requiring the department of health and human services to conduct a study.
HB 1321, relative to certain funds collected by order of the public utilities commission.
HB 1326, relative to managed care programs under workers' compensation.
HB 1327, relative to residency of prisoners for purposes of voter registration.
HB 1331, relative to campaign contributions by corporations.
HB 1390, establishing a commission to study the relationship between public health and the environment.
HB 1404, creating a study committee to address mechanisms for the preservation or disposal of state records.
HB 1405, exempting 50/50 raffles from the laws regulating games of chance.
HB 1541-FN-L, relative to the cremation of deceased persons.
HB 1548-FN, abolishing the death penalty.
HB 1570, requiring parolees and probationers from other states to comply with the Interstate Compact on Parole in order to be lawfully present in New Hampshire.
HB 1582, establishing a committee to study workplace policies and practices of small business for their effect on New Hampshire employees and their families.
HB 1617-FN, relative to suspension of a driver's license for sufficient cause.
HJR 20, urging the United States Congress to fully fund the Ricky Ray Hemophilia Relief Fund Act for HIV victims.
HJR 25, urging the United States Secretary of Agriculture, the Director of the Drug Enforcement Administration, and the Direction of the Office of National Drug Control Policy to revise regulations to permit the controlled, experimental cultivation of industrial hemp in New Hampshire.
INTRODUCTION OF HOUSE BILLS
Senator Cohen offered the following Resolution:
RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 1109-HJR 25 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.
Adopted.
First and Second Reading and Referral
HB 1109, relative to the modification of spousal support orders. Judiciary
HB 1113, raising the maximum price for lucky 7 tickets. Ways and Means
HB 1139, establishing a committee to study involuntary emergency admission hearings. Public Institutions, Health and Human Services
HB 1160, relative to access to the enhanced 911 system. Executive Departments and Administration
HB 1171, restricting the payment of salaries to suspended judicial officers. Finance
HB 1172, providing staggered terms for agricultural advisory board members. Executive Departments and Administration
HB 1185, extending the report date of the committee established to study mercury source reduction and recycling issues to November 1, 2000. Environment
HB 1191-FN-L, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas. Education
HB 1194, relative to the composition of planning boards in certain cities. Public Affairs
HB 1234, relative to special commissions to perform marriages in New Hampshire. Executive Departments and Administration
HB 1239, relative to durable powers of attorney. Judiciary
HB 1242, relative to the standard for modification of a child custody order. Judiciary
HB 1282, establishing a committee to study the possibility of self-insuring state employees. Insurance
HB 1319, extending the reporting date of the committee studying negotiated risk agreements and requiring the department of health and human services to conduct a study. Public Institutions, Health and Human Services
HB 1321, relative to certain funds collected by order of the public utilities commission. Executive Departments and Administration
HB 1326, relative to managed care programs under workers' compensation. Insurance
HB 1327, relative to residency of prisoners for purposes of voter registration. Public Affairs
HB 1331, relative to campaign contributions by corporations. Public Affairs
HB 1390, establishing a commission to study the relationship between public health and the environment. Environment
HB 1404, creating a study committee to address mechanisms for the preservation or disposal of state records. Internal Affairs
HB 1405, exempting 50/50 raffles from the laws regulating games of chance. Ways and Means
HB 1541-FN-L, relative to the cremation of deceased persons. Public Institutions, Health and Human Services
HB 1548-FN, abolishing the death penalty. Judiciary
HB 1570, requiring parolees and probationers from other states to comply with the Interstate Compact on Parole in order to be lawfully present in New Hampshire. Judiciary
HB 1582, establishing a committee to study workplace policies and practices of small business for their effect on New Hampshire employees and their families. Public Affairs
HB 1617-FN, relative to suspension of a driver's license for sufficient cause. Transportation
HJR 20, urging the United States Congress to fully fund the Ricky Ray Hemophilia Relief Fund Act for HIV victims. Public Institutions, Health and Human Services
HJR 25, urging the United States Secretary of Agriculture, the Director of the Drug Enforcement Administration, and the Direction of the Office of National Drug Control Policy to revise regulations to permit the controlled, experimental cultivation of industrial hemp in New Hampshire. Environment.
REPORT OF COMMITTEE ON ENROLLED BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:
HB 730, establishing a house committee to review methods for recording committee sessions, authorizing a request for proposals, and making an appropriation therefore.
HB 1141, relative to access highways to public waters.
HB 1223, changing the name, amending the duties, and extending the reporting date of the committee to study the unclassified salary structure for state officers.
HB 1397, relative to naming a certain island in Lake Winnipesaukee in the town of Moultonborough.
SB 356, extending the committee to study and identify or establish the duties of the fish and game commission.
SB 362, relative to the length of buses and single unit vehicles.
Senator D'Allesandro moved adoption.
Adopted.
REPORT OF COMMITTEE ON ENROLLED BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:
HB 580, 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 1616, relative to registration fees for certain construction equipment vehicles.
Senator D'Allesandro moved adoption.
Adopted.
REPORT OF COMMITTEE ON ENROLLED BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:
HB 1136, relative to the university system of New Hampshire board of trustees.
HB 1386, designating segments of the Souhegan River as protected under the rivers management and protection program.
Senator D'Allesandro moved adoption.
Adopted.
REPORT OF COMMITTEE ON ENROLLED BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:
HB 1186, extending the reporting date of the Sullivan County regional refuse disposal district issues study committee.
SB 348, extending the committee to study the establishment of a permit system for vessels registered in another state temporarily using the waters of New Hampshire.
Senator D'Allesandro moved adoption.
Adopted.
LATE SESSION
Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Thursday, March 23, 2000 at 10:00 a.m.
Adopted.
Adjournment.
SENATE
JOURNAL 7
March 23, 2000
The Senate met at 10:00 a.m.
A quorum was present.
The prayer was offered by Senator Wheeler.
Gentle Creator of all that is, seen and unseen, we thank you for the wonderful gift of life and citizenship in this beautiful state. We especially thank you for the many state employees who work diligently beyond the lime light for our comfort and safety. This morning we especially remember Don and Miriam Shumway and their son, their beloved son and family. Amen.
Senator Krueger led the Pledge of Allegiance.
HOUSE MESSAGE
The House of Representatives concurs with the Senate in the passage of the following entitled bill sent down from the Senate:
SB 354, relative to an exemption from the seat belt law for passengers in motor vehicles in parades.
REPORT OF COMMITTEE ON ENROLLED BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate bills:
HB 86, making an appropriation for renovation of the Sawyer House at the Daniel Webster Birthplace in the city of Franklin.
HB 387, relative to local telephone calling areas, access charges, and competitive telephone services.
HB 1150, relative to voter registration for official ballot meetings.
HB 1566, relative to perambulation between states.
SB 354, relative to an exemption from the seat belt law for passengers in motor vehicles in parades.
Senator D’Allesandro moved adoption.
Adopted.
SPECIAL ORDER
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
Amendment to SB 441-FN
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.
Question is on the adoption of the amendment.
A division vote is requested:
Yeas: 11 – Nays: 12
Amendment failed.
Senator Francoeur moved inexpedient to legislate.
SUBSTITUTE MOTION
Senator Trombly moved to substitute Interim Study for inexpedient to legislate.
Adopted.
SB 441 is sent to interim Study.
NOTICE OF RECONSIDERATION
Senator Trombly served notice of reconsideration on HB 235-FN-A, increasing exemptions under the interest and dividends tax.
SB 380-FN-A, relative to improvements to South Fruit Street and Industrial Drive at the New Hampshire state hospital campus in the city of Concord and making an appropriation therefor. Capital Budget Committee. Vote 7-0. Ought to pass with amendment, Senator Larsen for the committee.
2000-3880s
04/09
Amendment to SB 380-FN-A
Amend the title of the bill by replacing it with the following:
AN ACT relative to the availability of matching funds for improvements to South Fruit Street at Industrial Drive in the city of Concord.
Amend the bill by replacing all after the enacting clause with the following:
1 Improvements to South Fruit Street in the City of Concord. For the purpose of completing improvements to South Fruit Street at Industrial Drive in the city of Concord as part of the federal Congestion Mitigation and Air Quality Program (federal project CM-X-5099(032)), state matching funds in the amount of $45,000, for the biennium ending June 30, 2001, shall be made available from existing budgetary allocations within the department of health and human services.
2 Effective Date. This act shall take effect 60 days after its passage.
Amendment adopted.
Referred to the Finance Committee (Rule #24).
HB 1283, establishing a commission on the education of the deaf and hard of hearing in New Hampshire. Education Committee. Vote 8-0. Ought to Pass, Senator D'Allesandro for the committee.
Adopted.
Ordered to third reading.
HB 617-FN-A-L, relative to funding and monitoring seacoast harbor issues. Environment Committee. Vote 7-0. Ought to Pass, Senator Cohen for the committee.
Senator Cohen moved to have HB 617-FN-A-L, relative to funding and monitoring seacoast harbor issues, laid on the table.
Adopted.
LAID ON THE TABLE
HB 617-FN-A-L, relative to funding and monitoring seacoast harbor issues.
SB 307, relative to biosolids. Environment Committee.
SPLIT REPORT: Ought to pass with amendment, Senator Johnson for the committee. Vote 4-4
SPLIT REPORT: Inexpedient to Legislate, Senator Pignatelli for the committee. Vote 4-4
2000-3804s
08/09
Amendment to SB 307
Amend the title of the bill by replacing it with the following:
AN ACT relative to biosolids and short paper fiber.
Amend the bill by replacing section 1 with the following:
1 New Paragraphs; Water Pollution and Waste Disposal; Definitions; Biosolids; Short Paper Fiber. Amend RSA 485-A:2 by inserting after paragraph XXI the following new paragraphs:
XXII. "Biosolids" means any sludge derived from a sewage wastewater treatment facility that meets the standards for beneficial reuse specified by the department.
XXIII. "Short paper fiber" means any sludge derived from a pulp or papermill wastewater treatment facility that meets the standards for beneficial reuse specified by the department.
2000-3804s
AMENDED ANALYSIS
This bill adopts definitions for the terms "biosolids" and "short paper fiber."
Question is on the adoption of the committee amendment.
A roll call was requested by Senator Wheeler.
Seconded by Senator Cohen.
The following Senators voted Yes: F. King, Gordon, Johnson, Fraser, Below, McCarley, Disnard, Roberge, Eaton, Squires, Francoeur, Larsen, Krueger.
The following Senators voted No: Trombly, Pignatelli, Brown, J. King, Russman, D’Allesandro, Wheeler, Klemm, Cohen.
Yeas: 13 - Nays: 9
Amendment adopted.
Question is on the motion of ordering to third reading.
A roll call was requested by Senator Wheeler.
Seconded by Senator Cohen.
The following Senators voted Yes: F. King, Gordon, Johnson, Fraser, Below, McCarley, Disnard, Roberge, Eaton, Squires, Francoeur, Larsen, Krueger, Hollingworth.
The following Senators voted No: Trombly, Pignatelli, Brown, J. King, Russman, D’Allesandro, Wheeler, Klemm, Cohen.
Yeas: 14 - Nays: 9
Adopted.
Ordered to third reading.
SB 373-FN, directing the public water access advisory board to prepare a report relating to the types of public access and recreational uses appropriate to different types of public bodies of water. Environment Committee. Vote 5-2. Ought to pass with amendment, Senator Wheeler for the committee.
2000-3841s
03/09
Amendment to SB 373-FN
Amend the title of the bill by replacing it with the following:
AN ACT directing the department of environmental services to prepare a report which shall include a recreational use impact model, relating to the types of public access and recreational uses appropriate to different types of public bodies of water.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Access to Public Waters; Public Waters Access Advisory Board; Recreational Use Impact Model Required. Amend RSA 233-A by inserting after section 2 the following new section:
233-A:2-a Recreational Use Impact Model; Report.
I. The department of environmental services shall develop, provided appropriate funding is secured, a report which includes a recreational use impact model for assessing the best types of public access facilities and recreational uses for public bodies of water with different characteristics. The report shall also include various potential recreational management strategies to enhance public enjoyment of state water resources. After completion of the report, the department of environmental services shall provide the report to, and seek input regarding the report from, the public water access advisory board. The report shall then be submitted to the senate president, the speaker of the house of representatives, the governor, the commissioners of the departments of environmental services, safety, transportation, resources and economic development, the executive director of the department of fish and game, and the director of the office of state planning, no later than October 1, 2002.
II. In planning for the development of new or expanded public access sites or recreation related uses on state public waters, the commissioners of the departments of environmental services, safety, transportation, resources and economic development, the executive director of the department of fish and game, and the director of the office of state planning, shall consider the recommendations of the report, including the recreational use impact model developed pursuant to paragraph I and shall consider the impact of new or expanded public access on a water body’s water quality, fish and wildlife resources, shoreland integrity, scenic qualities, and other considerations suggested by such access.
III. In evaluating proposals for altering permissible boating activities on a public body of water, including considerations of speed, type of propulsion, or horsepower, the commissioner of the department of safety shall consider the recommendations of the report, including the recreational use impact model developed pursuant to paragraph I and shall consider the impact of proposals for altering permissible boating activities on the water body’s water quality, fish and wildlife resources, shoreland integrity, scenic qualities, and other considerations suggested by such proposals.
IV. For each proposal involving new or expanded public access or recreation related uses, the commissioners of the departments of environmental services, safety, transportation, resources and economic development, the executive director of the department of fish and game, and the director of the office of state planning, shall submit to the public water access advisory board a report addressing the specific impacts upon the water body or bodies identified by the model established under paragraph I.
2 Effective Date. This act shall take effect upon its passage.
2000-3841s
AMENDED ANALYSIS
This bill directs the department of environmental services to prepare a report which shall include a recreational use impact model, relating to the types of public access and recreational uses appropriate to different types of public bodies of water. The bill also directs that the commissioners of the departments of environmental services, safety, transportation, resources and economic development, the executive director of the department of fish and game, and the director of the office of state planning document use of the model in making decisions on new or expanded public access or recreation related uses.
Question is on the committee amendment.
A roll call was requested by Senator Disnard.
Seconded by Senator Wheeler.
The following Senators voted Yes: Below, McCarley, Pignatelli, J. King, Russman, D’Allesandro, Wheeler, Cohen.
The following Senators voted No: F. King, Gordon, Johnson, Fraser, Trombly, Disnard, Roberge, Eaton, Squires, Francoeur, Larsen, Krueger, Brown, Klemm.
Yeas: 8 - Nays: 14
Amendment failed.
Question is on the motion of ought to pass.
Motion failed.
Senator Trombly moved inexpedient to legislate.
Adopted.
SB 373 is inexpedient to legislate.
SB 396-FN-A-L, assessing a fee on water withdrawn for commercial purposes from water supply sources in the state and establishing a public water supply land protection fund. Environment Committee. Vote 5-3. Interim Study, Senator Russman for the committee.
Committee report of interim study is adopted.
SB 406-FN-L, clarifying water pollution control restrictions. Environment Committee. Vote 6-2. Ought to pass with amendment, Senator Wheeler for the committee.
2000-3803s
08/09
Amendment to SB 406-FN-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT prohibiting the use of certain 2-cycle marine engines and reformulated gasoline with watercraft on or in bodies of water that provide public water supplies.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Water Management and Protection; New Hampshire Safe Drinking Water Act; Water Pollution Control; Use of Certain 2-Cycle Engines and Reformulated Gasoline on Certain Water Bodies Prohibited. Amend RSA 485 by inserting after section 17 the following new section:
485:17-a Use of Certain Engines and Fuel Prohibited.
I. As of January 1, 2002, 2-cycle marine engines that do not meet federal model year 2007 standards and reformulated gasoline shall not be used with any watercraft on or in any lake, pond, reservoir, or stream tributary thereto, from which the domestic water supply of a city, town, or village is taken.
II. A person who violates any provision of this section shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
2 Effective Date. This act shall take effect upon its passage.
2000-3803s
AMENDED ANALYSIS
This bill prohibits, as of January 1, 2002, the use of 2-cycle marine engines that do not meet federal model year 2007 standards and reformulated gasoline with any watercraft on or in any body of water that provides the domestic water supply of a city, town, or village. This bill also provides penalty provisions.
SUBSTITUTE MOTION
Senator Below moved to substitute interim study for ought to pass with amendment.
Motion failed.
Senator Wheeler moved to have SB 406-FN-L, clarifying water pollution control restrictions, laid on the table.
A division vote is requested.
Yeas: 12 - Nays: 11
Adopted.
LAID ON THE TABLE
SB 406-FN-L, clarifying water pollution control restrictions.
SB 411-FN, establishing the New Hampshire returnable beverage container law. Environment Committee. Vote 5-3. Interim Study, Senator Below for the committee.
Committee report of interim study is adopted.
HB 246, relative to personnel transfers at the department of safety. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Trombly for the committee.
Adopted.
Ordered to third reading.
SB 337-FN, requiring any person applying for or renewing a driver's license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations. Finance Committee. Vote 7-0. Inexpedient to Legislate, Senator F. King for the committee.
SUBSTITUTE MOTION
Senator Trombly moved to substitute ought to pass for inexpedient to legislate.
Senator Larsen moved to have SB 337-FN, requiring any person applying for or renewing a driver's license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations, laid on the table.
Adopted.
LAID ON THE TABLE
SB 337-FN, requiring any person applying for or renewing a driver's license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations.
SB 387-FN-L, relative to proposed toll booths in the city of Nashua and relative to alternatives to the state wide toll booth system. Finance Committee. Vote 7-0. Ought to Pass, Senator Larsen for the committee.
Adopted.
Ordered to third reading.
SB 397-FN-A-L, making an appropriation from the education trust fund for public kindergarten programs. Finance Committee. Vote 7-0. Ought to pass with amendment, Senator Below for the committee.
2000-3896s
04/10
Amendment to SB 397-FN-A-LOCAL
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 and relative to the adequate education grant amount and property tax warrant for the town of Orange.
Amend the bill by replacing all after the enacting clause with the following:
1 Appropriation from Education Trust Fund. Notwithstanding the provisions of RSA 198:39, the sum of $925,000 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.
2 Town of Orange; Adequate Education Grant Calculations Revised.
I. Notwithstanding RSA 198:40 through RSA 198:42, for the fiscal year ending June 30, 2001, the total adequate education grant for the town of Orange shall be $127,287. In addition to the provisions of 1999, 17:52, I, an additional payment of $11,398 shall be distributed to the town of Orange by June 30, 2000 from the education trust fund for an adequate education grant total of $127,287.
II. Notwithstanding RSA 198:40 through RSA 198:42, for the tax year beginning April 1, 2000, the state education property tax warrant for the town of Orange shall be $90, 694.
3 Effective Date. This act shall take effect July 1, 2000.
2000-3896s
AMENDED ANALYSIS
This bill makes an appropriation of $925,000, 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. This bill also adjusts the adequate education grant amount for the town of Orange for fiscal year 2000, and adjusts the property tax warrant in the town of Orange for the tax year beginning April 1, 2000.
Amendment adopted.
Senator Below offered a floor amendment.
2000-3926s
04/10
Floor Amendment to SB 397-FN-A-LOCAL
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 and relative to the adequate education grant amount and property tax warrant for the town of Orange.
Amend the bill by replacing all after the enacting clause with the following:
1 Appropriation from Education Trust Fund. Notwithstanding the provisions of RSA 198:39, the sum of $925,000 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.
2 Town of Orange; Adequate Education Grant Calculations Revised.
I. Notwithstanding RSA 198:40 through RSA 198:42, for the fiscal year ending June 30, 2001, the total adequate education grant for the town of Orange shall be $127,287. In addition to the provisions of 1999, 17:52, I, an additional payment of $11,398 shall be distributed to the town of Orange by June 30, 2000 from the education trust fund for an adequate education grant total of $127,287.
II. Notwithstanding RSA 198:40 through RSA 198:42, for the tax year beginning April 1, 2000, the state education property tax warrant for the town of Orange shall be $90, 694.
3 Effective Date. This act shall take effect upon its passage.
2000-3926s
AMENDED ANALYSIS
This bill makes an appropriation of $925,000, 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. This bill also adjusts the adequate education grant amount for the town of Orange for fiscal year 2000, and adjusts the property tax warrant in the town of Orange for the tax year beginning April 1, 2000.
Floor amendment adopted.
Ordered to third reading.
SB 399-FN-A, making an appropriation to the fish and game department for the purposes of the wildlife damage control program. Finance Committee. Vote 6-1. Interim Study, Senator Fraser for the committee.
Senator Larsen moved to have SB 399-FN-A, making an appropriation to the fish and game department for the purposes of the wildlife damage control program, laid on the table.
Adopted.
LAID ON THE TABLE
SB 399-FN-A, making an appropriation to the fish and game department for the purposes of the wildlife damage control program.
SB 438-FN, relative to habitual simple assault. Finance Committee. Vote 5-2. Inexpedient to Legislate, Senator Larsen for the committee.
Committee report of inexpedient to legislate is adopted.
HB 569, relative to the tax credit for service-connected total disability. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.
Adopted.
Ordered to third reading.
HB 1114-FN, relative to creditable service in the retirement system for teachers in a job-sharing position. Finance Committee. Vote 6-0. Ought to Pass, Senator Fraser for the committee.
Adopted.
Ordered to third reading.
HB 1126, relative to repealing the prohibition on rewards for procuring employment. Finance Committee. Vote 6-0. Ought to Pass, Senator Francoeur for the committee.
Adopted.
Ordered to third reading.
HB 1134, establishing a committee to study mental health care treatment under managed care plans. Finance Committee. Vote 5-0. Ought to Pass, Senator Fraser for the committee.
Adopted.
Ordered to third reading.
HB 1374, extending the reporting date for the sex offender issues study committee. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Trombly for the committee.
2000-3858s
05/10
Amendment to HB 1374
Amend the bill by replacing section 2 with the following:
2 Membership. Amend RSA 1999, 89:2, I to read as follows:
I. The members of the committee shall be [as follows:
(a) Four] Seven members of the house of representatives, one of whom shall be from the criminal justice and public safety committee and one of whom shall be from the judiciary committee, appointed by the speaker of the house.
[(b) Three members of the senate, appointed by the president of the senate.]
Amendment adopted.
Ordered to third reading.
HB 1435, establishing a committee to study the immediate and long-term impact of changing methodology of communications and information technology as it applies to the right-to-know law. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Pignatelli for the committee.
2000-3863s
01/09
Amendment to HB 1435
Amend the bill by replacing section 4 with the following:
4 Chairperson. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section.
Amendment adopted.
Ordered to third reading.
HB 1508-FN, establishing a study committee on antitrust laws as they apply to hospital business practices. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.
2000-3861s
09/01
Amendment to HB 1508-FN
Amend paragraph I of section 2 of the bill by replacing it with the following:
I. The committee shall consist of 7 members of the house of representatives, appointed by the speaker of the house.
Amend the bill by replacing section 4 with the following:
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 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.
Senator Pignatelli moved to recommit.
Adopted.
HB 1508 is recommitted to the Judiciary Committee.
SB 429-FN, relative to claims before the state commission for human rights. Judiciary Committee. Vote 3-0. Ought to Pass, Senator Pignatelli for the committee.
Senator Pignatelli moved to have SB 429-FN, relative to claims before the state commission for human rights, laid on the table.
Adopted.
LAID ON THE TABLE
SB 429-FN, relative to claims before the state commission for human rights.
SB 433, relative to the age at which a minor may purchase or possess handguns and ammunition. Judiciary Committee. Vote 2-1. Ought to Pass, Senator Pignatelli for the committee.
Senator Pignatelli moved to have SB 433, relative to the age at which a minor may purchase or possess handguns and ammunition, laid on the table.
A division is requested.
Yeas: 11 – Nays: 10
Adopted.
LAID ON THE TABLE
SB 433, relative to the age at which a minor may purchase or possess handguns and ammunition.
SB 436-FN, relative to permanent revocation of drivers licenses for causing a fatality or serious injury while driving intoxicated. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Trombly for the committee.
2000-3834s
05/09
Amendment to SB 436-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to permanent revocation of drivers’ licenses for causing a fatality or serious bodily injury while driving intoxicated.
Amend the bill by replacing section 1 with the following:
1 New Paragraph; Permanent Revocation of License for Motor Vehicle Fatalities Where Driver was Under the Influence of Drugs or Alcohol. Amend RSA 263:56 by inserting after paragraph V the following new paragraph:
VI.(a) Permanent revocation of a driver’s license shall be mandatory and automatic where the driver, impaired by drugs or alcohol at the time of the incident, is found guilty of having caused a motor vehicle fatality or serious injury by a court of competent jurisdiction. If the driver is licensed in another state, the director shall notify the driver’s home state that a notation should be made on the driver’s record of permanent loss of driving privileges in New Hampshire.
(b) If a person is found guilty of driving after permanent license revocation under subparagraph (a), he or she shall be sentenced to a mandatory 3-year term of imprisonment.
(c) The driver may petition the sentencing court after 15 years from the date of the loss of license to have the license reinstated, if the driver can demonstrate good cause for the reinstatement.
2000-3834s
AMENDED ANALYSIS
This bill requires permanent revocation of an individual’s driver’s license when convicted of causing a motor vehicle fatality or serious bodily injury while under the influence of drugs or alcohol and requires a 3-year mandatory prison term for driving after such a permanent license revocation. The bill also provides a mechanism for requesting reinstatement after 15 years.
Amendment adopted.
Referred to the Finance Committee (Rule #24).
HB 1110, establishing a committee to study landlord-tenant issues. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Eaton for the committee.
2000-3852s
05/09
Amendment to HB 1110
Amend the bill by replacing section 2 with the following:
2 Membership and Compensation.
I. The members of the committee shall be 4 members of the house of representatives, appointed by the speaker of the house.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
Amend the bill by replacing section 4 with the following:
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 member. The first meeting of the committee shall be held within 45 days of the effective date of this section.
Senator McCarley moved to recommit.
Adopted.
HB 1110 is recommitted to the Public Affairs Committee.
HB 1168, establishing a committee to study the merits of limiting the use of social security numbers as identifiers. Public Affairs Committee. Vote 3-0. Inexpedient to Legislate, Senator Eaton for the committee.
Committee report of inexpedient to legislate is adopted.
HB 1196, giving the police department of Lincoln authority to respond to emergency situations and exercise police duties in the unincorporated place of Livermore. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Trombly for the committee.
Adopted.
Ordered to third reading.
HB 1523, relative to landlord-tenant obligations. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Disnard for the committee.
Adopted.
Ordered to third reading.
SB 306, relative to landlord access to a tenant's premises. Public Affairs Committee. Vote 3-0. Interim Study, Senator Trombly for the committee.
Committee report of interim study is adopted.
HB 1206, extending the reporting date of the committee studying alcohol and drug abuse prevention. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to Pass, Senator Wheeler for the committee.
Adopted.
Ordered to third reading.
HB 1594, relative to the allocation of moneys in the tobacco use prevention fund. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Squires for the Committee.
Adopted.
Ordered to third reading.
SB 311, relative to the recovery of public assistance. Public Institutions, Health and Human Services Committee. Vote 7-0. Ought to pass with amendment, Senator Gordon for the committee.
2000-3851s
05/09
Amendment to SB 311
Amend the bill by replacing sections 3 and 4 with the following:
3 Recovery for Assistance Furnished. Amend RSA 167:13 to read as follows:
167:13 Recovery for Assistance Furnished.
I. Except as provided in paragraph II, if at any time during the continuance of assistance, the recipient or the husband or wife of the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient within 10 calendar days to notify the commissioner of the department of health and human services of the receipt or possession of such property or income. On the death of a recipient of [old age] assistance or aid to the permanently and totally disabled, the total amount of assistance paid under this chapter or RSA 161 shall be allowed as a claim against the estate of such person after payment of the charges in the priority set forth in RSA 554:19. No claim shall be imposed against the real estate of a recipient of old age assistance or aid to the permanently and totally disabled while it is occupied as a home by a surviving spouse, or against any personal property of less than $100 in value. The federal government shall be entitled, as long as required as a condition to federal financial participation, to such proportion of the net amount collected from the estate of a recipient of old age assistance or aid to the permanently and totally disabled as the federal participation bears to the total amount of assistance granted said recipient.
II. Notwithstanding paragraph I, for medical assistance, no resources of the community spouse shall be deemed available to the institutionalized spouse during the continuous period in which an institutionalized spouse is in an institution, and after the month in which an institutionalized spouse is determined to be eligible for medical assistance benefits.
III. The department may waive adjustment or recovery in cases in which:
(a) It is not cost-effective to recover from an individual’s estate; or
(b) Recovery would result in an undue hardship as determined in accordance with rules adopted pursuant to RSA 541-A.
4 Claims and Liens. RSA 167:14 is repealed and reenacted to read as follows:
I. The estate of every recipient and the estate of a recipient’s spouse, if any, owned severally or as joint tenants, shall be liable for all financial old age assistance or aid to the permanently disabled granted to the recipient; provided, however, that the estate of a recipient’s spouse shall be liable only for such financial assistance as was granted to the recipient during the time that the recipient and the recipient’s spouse were neither legally separated nor divorced. After providing all owners of the real property with prior notice and an opportunity for a hearing, the commissioner of the department of health and human services shall file with the register of deeds of the county in which the recipient, or the spouse of the recipient, if any, owns real property, notice of the lien. Such notice of lien shall contain the names of the recipient and the recipient’s spouse, if any. All such liens shall continue during the lifetime of the recipient and of the spouse of the recipient, if any, and until enforced as provided in this section, unless sooner released by the commissioner of the department of health and human services. The register of deeds shall keep a suitable record of such notices of lien without charging any fee therefore and enter on the record an acknowledgment of satisfaction or release upon written request from the commissioner of the department of health and human services.
II. Subject to RSA 167:16-a, the estate of every recipient shall be liable for all medical assistance granted to the recipient, and the commissioner of the department of health and human services shall file a claim for recovery against the recipient’s estate. No notice of lien may be filed against real property with respect to medical assistance except in conformance with RSA 167:16-a.
2000-3851s
AMENDED ANALYSIS
This bill clarifies the procedure for the placement of liens and the recovery of certain categories of public assistance provided by the department of health and human services.
Amendment adopted.
Ordered to third reading.
SB 322, extending the needle exchange pilot program. Public Institutions, Health and Human Services Committee.
MINORITY REPORT: Inexpedient to Legislate, Senator Krueger for the committee. Vote 2-4
MAJORITY REPORT: Ought to Pass, Senator Wheeler for the committee. Vote 4-2
Question is on the motion of ought to pass.
A roll call was requested by Senator Trombly.
Seconded by Senator Wheeler.
The following Senators voted Yes: F. King, Below, McCarley, Trombly, Disnard, Fernald, Squires, Pignatelli, Larsen, J. King, D’Allesandro, Wheeler, Hollingworth, Cohen.
The following Senators voted No: Gordon, Johnson, Fraser, Roberge, Eaton, Francoeur, Krueger, Brown, Russman, Klemm.
Yeas: 14 - Nays: 10
Adopted.
Ordered to third reading.
SB 323, relative to certificate of need applicants. Public Institutions, Health and Human Services Committee.
MINORITY REPORT: Inexpedient to Legislate, Senator Wheeler for the committee. Vote 2-4
MAJORITY REPORT: Ought to pass with amendment, Senator Gordon for the committee. Vote 4-2
2000-3843s
01/09
Amendment to SB 323
Amend the title of the bill by replacing it with the following:
AN ACT relative to ambulatory surgical facilities in service areas of rural hospitals.
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Definition Added. Amend RSA 151-C:2 by inserting after paragraph XXXIV the following new paragraph:
XXXIV-a. "Rural hospital" means a hospital that has less than 70 beds licensed by the department of health and human services.
2 Threshold Limits. Amend RSA 151-C:5, II (f) to read as follows:
(f)(1) Except as provided in subparagraph (2), the construction, development, expansion, renovation, or alteration of any nursing home, ambulatory surgical facility, rehabilitation hospital, psychiatric hospital, specialty hospital, or other health care facility requiring a capital expenditure of more than $1,000,000. The board shall, by rule, adjust the capital expenditure threshold annually using an appropriate inflation index.
(2) The threshold amount for construction of ambulatory surgical centers within the service area of a rural hospital shall be $500,000, unless there is an objection by the rural hospital, in which case the application shall be subject to review regardless of value. The board shall determine by rule the service areas of rural hospitals.
3 Effective Date. This act shall take effect 60 days after its passage.
2000-3843s
AMENDED ANALYSIS
This bill lowers the threshold amount necessary for certificate of need review of the construction of ambulatory surgical centers within the service areas of rural hospitals.
Question is on the adoption of the amendment.
A roll call was requested by Senator Wheeler.
Seconded by Senator Gordon.
The following Senators voted Yes: F. King, Gordon, Johnson, Below, Roberge, Fernald, Squires, Francoeur, Krueger, Brown, J. King, Russman, D’Allesandro.
The following Senators voted No: Fraser, McCarley, Trombly, Disnard, Eaton, Larsen, Wheeler, Klemm, Cohen.
Yeas: 13 - Nays: 9
Amendment adopted.
Senator Fernald offered a floor amendment.
2000-3939s
01/09
Floor Amendment to SB 323
Amend RSA 151-C:5, II(f)(1) as inserted by section 2 of the bill by replacing it with the following:
(f)(1) Except as provided in subparagraph (2), the construction, development, expansion, renovation, or alteration of any nursing home, ambulatory surgical facility, rehabilitation hospital, psychiatric hospital, specialty hospital, or other health care facility requiring a capital expenditure of more than $1,000,000, including land, but excluding medical equipment. The board shall, by rule, adjust the capital expenditure threshold annually using an appropriate inflation index.
2000-3939s
AMENDED ANALYSIS
This bill lowers the threshold amount necessary for certificate of need review of the construction of ambulatory surgical centers within the service areas of rural hospitals. The bill also excludes medical equipment from being considered in the threshold level of certain other facilities.
Senator McCarley moved to have SB 323, relative to certificate of need applicants, laid on the table.
Senator McCarley withdrew her motion of tabling.
Question is on the adoption of the floor amendment.
Floor amendment failed.
Ordered to third reading.
SB 324, relative to personal care services and providers. Public Institutions, Health and Human Services Committee. Vote 7-0. Ought to pass with amendment, Senator Squires for the committee.
2000-3826s
08/09
Amendment to SB 324
Amend the bill by replacing all after the enacting clause with the following:
1 New Chapter; Personal Care Services. Amend RSA by inserting after Chapter 161-H the following new chapter:
CHAPTER 161-I
PERSONAL CARE SERVICES
161-I:1 Purpose.
I. Many individuals require assistance with eating, bathing, dressing, personal hygiene, and activities of daily living to maintain their independence and dignity. Personal care services are non-medical, hands-on supports that substitute for the loss of an individual’s physical or cognitive functioning.
II. Many individuals requiring personal care services and families who have children with special health care needs want to choose who delivers personal care services and how and when these services are delivered.
III. This chapter provides individuals and families with the option of receiving personal care services from a home health agency or other qualified agency or a consumer-directed services program.
161-I:2 Definitions. In this chapter:
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Consumer-directed services" means personal care services under which the eligible consumer or his or her representative is responsible for:
(a) Participating in the development of the eligible consumer’s service plan;
(b) Selecting the eligible consumer’s personal care service provider;
(c) Setting the terms and conditions of work;
(d) Training, supervising, and evaluating the personal care services provider; and
(e) Terminating his or her relationship with the personal care services provider.
III. "Department" means the department of health and human services.
IV. "Eligible consumer" means a person eligible for department programs.
V. "Eligible setting" means a home, apartment, residential facility, day program, or other community setting, but does not include a hospital, nursing facility or other institutional setting.
VI. "Home health agency" means a home health care provider licensed under RSA 151.
VII. "Intermediary services" means an array of fiscal and supportive services to facilitate the delivery of consumer-directed services. Such services shall include:
(a) Fiscal intermediary services, including but not limited to:
(1) Computing of tax withholdings.
(2) Filing and depositing employment taxes.
(3) Preparing and disbursing payroll checks.
(4) Collecting and verifying worker timesheets.
(5) Processing and paying non-labor related invoices.
(6) Processing criminal background checks on prospective workers.
(7) Overseeing the verification of workers’ citizenship/legal alien status.
(8) Generating standardized reports depending on program design.
(b) Supportive services, including but not limited to:
(1) Skills and advocacy training for the eligible consumer or representative.
(2) Assistance with recruiting, screening, hiring, and training personal care service providers.
(3) Creating and maintaining work registries.
(4) Assessing and reassessing service needs.
(5) Counseling and support.
(6) Monitoring consumer satisfaction.
VIII. "Legally responsible relative" means a parent of a minor child or a spouse.
IX. "Other qualified agency" means those entities authorized to offer personal care services and/or intermediary services by the department in accordance with rules adopted pursuant to RSA 541-A.
X. "Plan of care" means a state-authorized guide to the provision of services to an eligible consumer.
XI. "Personal care services" means services furnished by a personal care services provider that assist an eligible consumer in maintaining himself or herself in an eligible setting. Such services may include, but are not limited to, basic personal care and grooming, assistance with basic toileting and toileting hygiene measures, assistance with oral and topical medications, assistance with nutrition, including meal preparation, and essential household services.
XII. "Personal care services provider" means a person who is not a legally responsible relative, selected by the eligible consumer or the consumer’s legal guardian or representative, and employed by a home health agency or other qualified agency to provide personal care services.
XIII. "Representative" means a person chosen by the eligible consumer and deemed appropriate by the department to act on behalf of the eligible consumer and who:
(a) Is not the personal care services provider; and
(b) Does not have a financial relationship with a home health agency or other qualified agency providing intermediary services to the eligible consumer.
161-I:3 Consumer Choice. An eligible consumer in need of personal care services shall have the option to receive personal care services through a home health agency or other qualified agency and/or a consumer-directed services program. Such choice shall be subject to those limitations imposed by federal and state laws, rules, and regulations.
161-I:4 Department Responsibilities.
I. The department may develop personal care services for department programs. Eligible consumers shall be afforded the option to receive their personal care services through a home health agency or other qualified agency and/or a consumer-directed services program.
II. The department may develop a process for allowing a representative to act on the behalf of an eligible consumer.
III. The department may develop intermediary services for eligible consumers using consumer-directed services.
IV. Coverage of personal care services under department programs shall be subject to the availability of appropriated funds.
161-I:5 Personal Care Services Provider Training. Any personal care services provider serving an eligible consumer shall be required to undergo training as required by rule, pursuant to RSA 541-A.
161-I:6 Plans of Care and Service Delivery Oversight. All eligible consumers shall have a plan of care that details the provision of personal care services. The delivery of personal care services, as outlined in the plan of care, to an eligible consumer shall be monitored by a case manager either employed or contracted by the department. Should the delivery of personal care services to an eligible consumer necessitate specialized oversight, this shall be outlined in the plan of care and such oversight of the personal care services provider shall be arranged by the case manager.
161-I:7 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Criteria for approving home health or other qualified agencies to offer personal care services, including but not limited to:
(a) Qualifications and training of providers.
(b) Oversight of providers.
(c) Service definition.
(d) Reporting requirements.
(e) Record-keeping.
(f) Personnel requirements.
(g) Care planning.
(h) Service delivery oversight.
(i) Scope of service.
(j) Quality assurance measures.
(k) Structure of the business entity.
II. The provision of personal care services by personal care services providers, including the provision of consumer-directed personal care services.
III. The provision of intermediary services by a home health agency or other qualified agency to facilitate the delivery of consumer-directed personal care services.
IV. The use of a representative in consumer-directed services.
V. Guidelines for state-authorized plans of care.
VI. Additional requirements to enable the department to implement this chapter for persons eligible under department programs.
VII. Any other matters necessary for the administration of this chapter.
2 Continued Authorization; Rules. Notwithstanding the repeal by section 3 of this act, the authority for home health care providers to provide personal care services under rules adopted pursuant to RSA 326-B:17, X shall continue until the effective date of rules adopted pursuant to RSA 161-I: 7, I.
3 Repeal. RSA 326-B:17, X, relative to personal care services is repealed.
4 Residential Care and Health Facility Licensing; Home Health Care Provider. Amend RSA 151:2-b, III to read as follows:
III. "Home health care provider" does not include any organization or agency providing only services pursuant to the provisions of Title III, Part C, of the Older Americans Act; authorized by the department of health and human services pursuant to RSA 161-I; operating only a nutrition program under a federal social services block grant, or under the auspices of a private charity; or volunteer hospices that do not provide, directly or through contract arrangements, home health care services as defined in RSA 151:2-b, I.
5 Effective Date. This act shall take effect upon its passage.
2000-3826s
AMENDED ANALYSIS
This bill allows certain individuals and families of these individuals the option of receiving personal care services from a home health agency or other qualified agency or a consumer-directed services program. This bill also gives the commissioner of health and human services rulemaking authority relative to requirements for the use of consumer-directed services for department programs and the provision of personal care services.
This bill is a request of the department of health and human services.
Amendment adopted.
Ordered to third reading.
SUSPENSION OF THE RULES
Senator McCarley moved that the Rules of the Senate be so far suspended as to the holding of a public hearing, a committee report, advertising in the calendar and that SB 462 be before the Senate at the present time.
Adopted by the necessary 2/3 vote.
SB 462, establishing a reformed public school financing system for ensuring educational adequacy for all children and establishing a state public education assistance system funded solely with state tax revenues, and making an appropriation therefore.
Senator McCarley moved to have SB 462, establishing a reformed public school financing system for ensuring educational adequacy for all children and establishing a state public education assistance system funded solely with state tax revenues, and making an appropriation therefore, laid on the table.
Adopted.
LAID ON THE TABLE
SB 462, establishing a reformed public school financing system for ensuring educational adequacy for all children and establishing a state public education assistance system funded solely with state tax revenues, and making an appropriation therefore.
Senator Below offered the following Resolution.
2000-3940s
04/10
SENATE RESOLUTION
13Amend the resolution by replacing all after the title with the following:
Whereas, there is presently pending before the senate SB 462-FN-A-LOCAL, "An act establishing a reformed public school financing system for ensuring educational adequacy for all children; establishing a state public education assistance system funded solely with state tax revenues, and making an appropriation therefor"; and
Whereas, SB 462-FN-A-LOCAL would establish a comprehensive system for financing public schools within the state, including state aid through "baseline adequacy assistance" and through "adequacy guarantee aid," along with local resources raised through property taxes administered through local democratic decision-making (hereinafter, the "financing program"); and
Whereas, SB 462-FN-A-LOCAL would distribute $750 million of state financial aid to school districts in the first fiscal year ending July 31, 2001, with $550 million distributed through the "baseline assistance" method on a weighted per pupil basis and $200 million distributed through the "adequacy guarantee assistance" method based on a foundation aid formula that assesses the relative financial needs of each community using several factors including per capita income, local property valuations, and measures of local tax "effort"; and
Whereas, SB 462-FN-A-LOCAL’s total appropriation of $750 million of state financial aid would be funded by the following state-imposed taxes and revenues: (i) $409 million of revenues raised by a state property tax imposed at a uniform rate of $6.10 per $1,000 of equalized valuation of non-public utility real property throughout the state, and (ii) $341 million of revenues raised by other state taxes and general fund sources; and
Whereas, the balance of the public education costs throughout the state over the state assistance of $750 million would be funded with revenues raised by local real property taxes that would be established in each community through local democratic processes; and
Whereas, under this integrated financing program, direct state appropriations would account for approximately half of the total dollars spent on public elementary and secondary education, ranking New Hampshire much higher than the following states (based on U.S. Department of Education data for School Year 1996-1997):
|
State |
Local |
State |
Federal |
|
Connecticut |
59.4% |
37.1% |
3.5% |
|
Massachusetts |
55.3% |
39.9% |
4.8% |
|
New York |
54.8% |
39.8% |
5.4% |
|
Pennsylvania |
55.2% |
39.3% |
5.5% |
|
Rhode Island |
54.0% |
40.6% |
5.4% |
Whereas, SB 462-FN-A-LOCAL would reflect a legislative determination that the provision of an adequate education is not a static concept, but is best accomplished through the establishment of a process that encourages local communities to evaluate on an annual basis the costs and structure of local public education; and
Whereas, SB 462-FN-A-LOCAL would further reflect a legislative determination that incorporation of significant local resources in such a manner that vests local parental and academic resources in the local public school system is the best means of providing an adequate public education for all children throughout the state; and
Whereas, SB 462-FN-A-LOCAL would further reflect a legislative determination that such reliance on local resources, while producing vibrant and excellent education systems in most communities throughout the state, would present the possibility in certain needy communities that local resources could be insufficient to ensure the provision of an adequate public education; and
Whereas, to address directly this possibility, SB 462-FN-A-LOCAL would implement a state financial assistance program that would substantially increase state aid to public education over the level that was in place prior to 1999; and
Whereas, SB 462-FN-A-LOCAL would distribute such state aid among communities based on the foundation aid formula in accordance with legislative determinations assessing the relative needs of various recipient communities, based on several factors including per capita income, local property valuations, and measures of local tax "effort"; and
Whereas, as a result of these determinations of need, the level of state aid distributed among communities would differ greatly, with no community receiving the same amount of state aid per pupil as any other community; rather such state aid would be distributed in a manner intended to satisfy the state’s obligation to guarantee funding to ensure that all children are provided with an adequate education; and
Whereas, all of such state aid would be funded with state revenues that are administered in a manner that is proportional and reasonable throughout the state; and
Whereas, a question has been raised whether SB 462-FN-A-LOCAL satisfies the New Hampshire constitution; and
Whereas, some believe that this court’s decision in Claremont School District v. Governor, 142 N.H. 462 (1997)("Claremont II") mandates that the general court must, first establish and define "adequate education" on a dollar cost basis throughout the state, and, second, pay for all of the resulting adequate education dollar costs using a common formula throughout the state, regardless of the relative needs of various communities; and
Whereas, such a construction of the court’s Claremont II decision has led to the enactment of Chapter 17 and Chapter 65 of 1999 New Hampshire Laws, which distribute state financial assistance among every community throughout the state on a strict weighted per pupil basis, regardless of the quality of the local public school system or the capacity of the local community to provide funds through local resources; and
Whereas, in contrast, SB 462-FN-A-LOCAL treats "adequate education" as a quality that is not definable by any common formula applied throughout the state on a dollar cost basis, provides for an adequate education throughout the state through a comprehensive mix of local and state funding similar to that reflected in other New England states, and incorporates within the funding mix a state aid distribution formula that is designed to allocate limited state aid to communities that are most in need in a manner that guarantees funding to ensure that all children receive an adequate education throughout the state; and
Whereas, the approach in SB 462-FN-A-LOCAL appears consistent with the ultimate constitutional requirement that it is "the State’s duty to provide a constitutionally adequate education and to guarantee adequate funding" (emphasis added); and
Whereas, the senate respectfully requests expeditious review of this resolution by the court because SB 462-FN-A-LOCAL is intended to become effective on July 1, 2000, and because enactment of public school financing legislation that fails to satisfy the constitutional requirements of the Claremont II decision could present the risk that local and state governments might be required to refund substantial amounts of local property tax revenues; now therefore be it
Resolved by the Senate:
That the Justices of the Supreme Court be respectfully requested to give their opinion upon the following important questions of law:
(a) Would the enactment of SB 462-FN-A-LOCAL satisfy the requirements of part II, articles 5, 6, and 83 of the New Hampshire constitution?
(b) Would the enactment of SB 462-FN-A-LOCAL violate any other provisions of the New Hampshire constitution?
That the senate clerk transmit copies of this resolution and SB 462-FN-A-LOCAL to the justices of the supreme court.
Adopted.
SB 326, eliminating the joint health council. Public Institutions, Health and Human Services Committee. Vote 7-0. Ought to pass with amendment, Senator Krueger for the committee.
2000-3829s
08/09
Amendment to SB 326
Amend the title of the bill by replacing it with the following:
AN ACT relative to the joint health council.
Amend the bill by replacing all after the enacting clause with the following:
1 Registered Nurses and Practical Nurses; Joint Health Council. Amend RSA 326-B:10-a, I-III to read as follows:
326-B:10-a Joint Health Council.
I.(a) The joint health council shall consist of the following members: [the chair of the board of nursing, or designee who shall be a member of the board of nursing; one] 5 advanced registered nurse [practitioner] practitioners who [is a member of the board of nursing] are currently licensed to practice nursing under RSA 326-B, appointed by the [chair of that] board of nursing; [the chair of the board of medicine, or designee who shall be a member of the board of medicine; 2] 5 physicians currently licensed to practice medicine under RSA 329 and who [have worked] work collaboratively with advanced registered nurse practitioners, appointed by the [chair of that] board of medicine[, provided that one of the physicians is a member of the board of medicine; the chair of the board of pharmacy, or designee who shall be a member of the board of pharmacy]; and [one member of the board of pharmacy currently licensed to practice as a] 4 pharmacists, 3 of whom shall be clinical [pharmacist under RSA 318] pharmacists prepared at the doctorate level, appointed by the [chair of that] board of pharmacy. In no case shall a member of the joint health council be a member of the member’s respective board.
(b) The chairmanship of the council shall rotate annually among the representatives of the [respective boards] nursing profession, medical profession, and pharmacist profession.
(c) Members of the council shall be appointed for 3-year terms and shall serve no more than 2 terms.
II. The council shall meet [not less than] a minimum of once every [3] 2 months to discuss matters pertinent to the A.R.N.P. formulary and matters of mutual concern to the board of medicine, the board of nursing and the board of pharmacy. The chair of the council may call for additional meetings of the council if deemed necessary. Each of the 3 boards may submit items to be assigned to the agenda for every meeting of the council. Any items on the agenda not addressed at a particular council meeting shall be decided at the next meeting of the council.
III. The duties of the joint health council shall include, but not be limited to, adding or altering the list of controlled and noncontrolled molecular entities on the A.R.N.P. formulary. Decisions on such additions or alterations shall be rendered within [3] 2 months of initial consideration by the council. [Any new controlled or noncontrolled molecular entities, in accordance with federal Food and Drug Administration provisions in 21 C.F.R. part 312, that are available after September 1, 1994, shall be considered for approval by the board upon petition by advanced registered nurse practitioners and approved for use by advanced registered nurse practitioners only after an affirmative vote of the joint health council.] The council shall consult with sub-specialty professionals when considering any new controlled or noncontrolled molecular entities for the formulary by which the council members lack specific expertise. All recommendations by consulting sub-specialty professionals shall be made either in writing or in person before the council. The council shall establish written guidelines, based on current published scientific data, for the review of issues before the council.
2 Effective Date. This act shall take effect upon its passage.
2000-3829s
AMENDED ANALYSIS
This bill:
I. Alters the composition of the joint health council to consist of 5 advanced registered nurse practitioners, 5 physicians, and 4 pharmacists.
II. Requires the council to meet a minimum of once every 2 months.
III. Requires that decisions on altering the list of controlled or noncontrolled drugs on the A.R.N.P. formulary be rendered within 2 months of initial consideration by the council.
IV. Requires the council to consult with experts when considering new controlled or noncontrolled drugs outside its expertise.
V. Removes the requirement that new controlled or noncontrolled drugs be considered for approval upon petition by advanced nurse practitioners and approved for use only after an affirmative vote of the council.
Amendment adopted.
Ordered to third reading.
SB 383, requiring managed care organizations and the department of health and human services to pay health care providers in a timely manner. Public Institutions, Health and Human Services Committee. Vote 7-0. Ought to pass with amendment, Senator Pignatelli for the committee.
2000-3865s
01/10
Amendment to SB 383
Amend the title of the bill by replacing it with the following:
An act requiring the department of health and human services and insurers to make prompt payments.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Prompt Payment Required. Amend RSA 126-A by inserting after section 12 the following new section:
126-A:12-a Prompt Payment Required. The department shall pay health care providers, including dental providers, within 45 days of receipt of a claim or bill for services rendered to medicaid recipients.
2 New Section; Prompt Payment Required. Amend RSA 415 by inserting after section 8 the following new section:
415:8-a Prompt Payment Required.
I. Each insurer that issues or renews any individual policy of accident or health insurance providing benefits for medical or hospital expenses shall pay health care providers or certificate holders within 45 calendar days upon receipt of a clean written claim or 15 calendar days upon receipt of a clean electronic claim or as otherwise stipulated in the provider and insurer contract. If the insurer is denying or pending the claim, the insurer shall have 15 calendar days upon receipt of the claim to notify the health care provider or certificate holder of the reason for denying or pending the claim and what, if any, additional information is required to process the claim; provided, however, that the insurer’s failure to comply with the time limits in this section shall not have the effect of requiring coverage for an otherwise non-covered claim.
II. In this section:
(a) "Clean claim" means a claim for payment of covered health care expenses that is submitted to an insurer on the insurer’s standard claim form using the most current published procedural codes, with all the required fields completed with correct and complete information in accordance with the insurer’s published filing requirements.
(b) "Electronic claim" means the transmission of data for purposes of payment of covered health care services in an electronic data format specified by the insurer.
III. Notwithstanding any provision of law to the contrary, no penalties shall apply until the health care provider has notified the insurer in writing of the insurer’s noncompliance with this section and the carrier fails to pay the claim within 10 days thereafter. Any claim not paid within the above time periods or in accordance with contract provisions shall be deemed overdue. When the insurer fails to pay a claim when due or according to contract provisions, the amount of the overdue claim shall include an interest payment of 1.5 percent per month beginning from the date the payment was due. Reasonable attorneys’ fees for advising and representing a health care provider in a successful action against an insurer for payment of the claim shall be recoverable by the provider from the insurer upon a judicial finding of bad faith. The commissioner may assess a fine to any insurer after determining that the insurer has established a pattern of overdue payments; provided, that such fine shall be up to $5,000 per violation and shall not exceed $100,000.
IV. Notwithstanding the provisions of this section:
(a) No insurer shall be in violation of this section for a claim submitted by a health care provider if failure to comply is caused by a directive from a court or a federal or state agency or if the insurer’s compliance is rendered impossible due to matters beyond the insurer’s control which are not caused by such insurer.
(b) No insurer shall be in violation of this section for any claim submitted 90 days after the service was rendered.
(c) No insurer shall be in violation of this section while the claim is pending due to a fraud investigation that has been reported to a state or federal agency, or an internal or external review process.
3 New Section; Prompt Payment Required. Amend RSA 415 by inserting after section 18-b the following new section:
415:18-bb Prompt Payment Required.
I. Each insurer that issues or renews any policy of group or blanket accident or health insurance providing benefits for medical or hospital expenses shall pay health care providers or certificate holders within 45 calendar days upon receipt of a clean written claim or 15 calendar days upon receipt of a clean electronic claim or as otherwise stipulated in the provider and insurer contract. If the insurer is denying or pending the claim, the insurer shall have 15 calendar days upon receipt of the claim to notify the health care provider or certificate holder of the reason for denying or pending the claim and what, if any, additional information is required to process the claim; provided, however, that the insurer’s failure to comply with the time limits in this section shall not have the effect of requiring coverage for an otherwise non-covered claim.
II. In this section:
(a) "Clean claim" means a claim for payment of covered health care expenses that is submitted to an insurer on the insurer’s standard claim form using the most current published procedural codes, with all the required fields completed with correct and complete information in accordance with the insurer’s published filing requirements.
(b) "Electronic claim" means the transmission of data for purposes of payment of covered health care services in an electronic data format specified by the insurer.
III. Notwithstanding any provision of law to the contrary, no penalties shall apply until the health care provider has notified the insurer in writing of the insurer’s noncompliance with this section and the insurer fails to pay the claim within 10 days thereafter. Any claim not paid within the above time periods or in accordance with contract provisions shall be deemed overdue. When the insurer fails to pay a claim when due or according to contract provisions, the amount of the overdue claim shall include an interest payment of 1.5 percent per month beginning from the date the payment was due. Reasonable attorneys’ fees for advising and representing a health care provider in a successful action against an insurer for payment of the claim shall be recoverable by the provider from the insurer upon a judicial finding of bad faith. The commissioner may assess a fine to any insurer after determining that the insurer has established a pattern of overdue payments; provided, that such fine shall be up to $5,000 per violation and shall not exceed $100,000.
IV. Notwithstanding the provisions of this section:
(a) No insurer shall be in violation of this section for a claim submitted by a health care provider if failure to comply is caused by a directive from a court or a federal or state agency or if the insurer’s compliance is rendered impossible due to matters beyond the insurer’s control which are not caused by such insurer.
(b) No insurer shall be in violation of this section for any claim submitted 90 days after the service was rendered.
(c) No insurer shall be in violation of this section while the claim is pending due to a fraud investigation that has been reported to a state or federal agency, or an internal or external review process.
4 New Section; Prompt Payment Required. Amend RSA 420-A by inserting after section 9 the following new section:
420-A:9-a Prompt Payment Required.
I. Every health service corporation, and every other similar corporation licensed under the laws of another state that issues or renews any policy of individual or group blanket accident or health insurance providing benefits for medical or hospital expenses shall pay health care providers or subscribers within 45 calendar days upon receipt of a clean written claim or 15 calendar days upon receipt of a clean electronic claim or as otherwise stipulated in the provider and corporation contract. If the health service corporation is denying or pending the claim, the corporation shall have 15 calendar days upon receipt of the claim to notify the health care provider or subscriber of the reason for denying or pending the claim and what, if any, additional information is required to process the claim; provided, however, that the corporation’s failure to comply with the time limits in this section shall not have the effect of requiring coverage for an otherwise non-covered claim.
II. In this section:
(a) "Clean claim" means a claim for payment of covered health care expenses that is submitted to a health service corporation on the corporation’s standard claim form using the most current published procedural codes, with all the required fields completed with correct and complete information in accordance with the corporation’s published filing requirements.
(b) "Electronic claim" means the transmission of data for purposes of payment of covered health care services in an electronic data format specified by the corporation.
III. Notwithstanding any provision of law to the contrary, no penalties shall apply until the health care provider has notified the health service corporation in writing of the corporation’s noncompliance with this section and the corporation fails to pay the claim within 10 days thereafter. Any claim not paid within the above time periods or in accordance with contract provisions shall be deemed overdue. When the health service corporation fails to pay a claim when due or according to contract provisions, the amount of the overdue claim shall include an interest payment of 1.5 percent per month beginning from the date the payment was due. Reasonable attorneys’ fees for advising and representing a health care provider in a successful action against a corporation for payment of the claim shall be recoverable by the provider from the corporation upon a judicial finding of bad faith. The commissioner may assess a fine to any health service corporation after determining that the corporation has established a pattern of overdue payments; provided, that such fine shall be up to $5,000 per violation and shall not exceed $100,000.
IV. Notwithstanding the provisions of this section:
(a) No health service corporation shall be in violation of this section for a claim submitted by a health care provider if failure to comply is caused by a directive from a court or a federal or state agency or if the corporation’s compliance is rendered impossible due to matters beyond the corporation’s control which are not caused by such corporation.
(b) No health service corporation shall be in violation of this section for any claim submitted 90 days after the service was rendered.
(c) No corporation shall be in violation of this section while the claim is pending due to a fraud investigation that has been reported to a state or federal agency, or an internal or external review process.
5 New Section; Prompt Payment Required. Amend RSA 420-J by inserting after section 8 the following new section:
420-J:8-a Prompt Payment Required.
I. Health carriers issuing health benefit plans subject to this chapter shall pay claims submitted by health care providers for services rendered in New Hampshire to covered persons within 45 calendar days upon receipt of a clean written claim or 15 calendar days upon receipt of a clean electronic claim or as otherwise stipulated in the provider and health carrier contract. If the health carrier is denying or pending the claim, the carrier shall have 15 calendar days upon receipt of the claim to notify the health care provider or covered person of the reason for denying or pending the claim and what, if any, additional information is required to process the claim; provided, however, that the health carrier’s failure to comply with the time limits in this section shall not have the effect of requiring coverage for an otherwise non-covered claim.
II. In this section:
(a) "Clean claim" means a claim for payment of covered health care expenses that is submitted to a health carrier on the carrier’s standard claim form using the most current published procedural codes, with all the required fields completed with correct and complete information in accordance with the carrier’s published filing requirements.
(b) "Electronic claim" means the transmission of data for purposes of payment of covered health care services in an electronic data format specified by the health carrier.
III. Notwithstanding RSA 420-J:14, no penalties shall apply until the health care provider has notified the health carrier in writing of the carrier’s noncompliance with this section and the carrier fails to pay the claim within 10 days thereafter. Any claim not paid within the above time periods or in accordance with contract provisions shall be deemed overdue. When the health carrier fails to pay a claim when due or according to contract provisions, the amount of the overdue claim shall include an interest payment of 1.5 percent per month beginning from the date the payment was due. Reasonable attorneys’ fees for advising and representing a health care provider in a successful action against a health carrier for payment of the claim shall be recoverable by the provider from the health carrier upon a judicial finding of bad faith. The commissioner may assess a fine to any health carrier after determining that the carrier has established a pattern of overdue payments; provided, that such fine shall be up to $5,000 per violation and shall not exceed $100,000.
IV. Notwithstanding the provisions of this section:
(a) No health carrier shall be in violation of this section for a claim submitted by a health care provider if failure to comply is caused by a directive from a court or a federal or state agency or if the carrier’s compliance is rendered impossible due to matters beyond the carrier’s control which are not caused by such carrier.
(b) No health carrier shall be in violation of this section for any claim submitted 90 days after the service was rendered.
(c) No health carrier shall be in violation of this section while the claim is pending due to a fraud investigation that has been reported to a state or federal agency, or an internal or external review determination pursuant to RSA 420-J:5, or RSA 420-J:5-a-e.
6 Effective Date. This act shall take effect January 1, 2001.
2000-3865s
AMENDED ANALYSIS
This bill requires the department of health and human services to pay its dental and other health care providers for services rendered to medicaid recipients promptly.
This bill also requires insurers offering health benefit plans to pay health care providers or the insured person in a timely manner.
Amendment adopted.
Ordered to third reading.
SB 391, relative to criminal background checks for health care workers. Public Institutions, Health and Human Services Committee. Vote 6-0. Inexpedient to Legislate, Senator Krueger for the committee.
Committee report of inexpedient to legislate is adopted.
SB 400-L, relative to access to emergency medical and trauma services. Public Institutions, Health and Human Services Committee. Vote 5-1. Ought to pass with amendment, Senator Wheeler for the committee.
2000-3842s
01/09
Amendment to SB 400-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT relative to emergency medical and trauma services.
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Definition Added; Quality Assurance. Amend RSA 153-A:2 by inserting after paragraph XVIII the following new paragraph:
XVIII-a. "Quality assurance" means an organized method of auditing and evaluating care provided within the emergency medical service unit.
2 Revocation of License; Clarification. Amend the introductory paragraph of RSA 153-A:13, I to read as follows:
I. The commissioner [shall] may deny an application for issuance or renewal of a license, or suspend or revoke a license, or, after a hearing and a recommendation by the emergency medical services medical control board, suspend or revoke a person’s authority to operate under any state or local protocol, when the commissioner finds that the applicant is guilty of any of the following acts or offenses:
3 Rulemaking; Clarification. Amend RSA 153-A:20, V to read as follows:
V. Length of licensure and procedures for issuance, renewal, limitation, suspension, and revocation of licensure and, pursuant to RSA 153-A:13, I, procedures, including hearing procedures, for the suspension and revocation of authority to operate under local protocols authorized under this chapter.
4 Effective Date. This act shall take effect January 1, 2001.
2000-3842s
AMENDED ANALYSIS
This bill authorizes the commissioner of health and human services to suspend or revoke a person’s authority to operate under state or local protocols, after a hearing and a recommendation by the emergency medical services medical control board.
Amendment adopted.
Ordered to third reading.
SB 456, relative to testing newborns for deafness. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Squires for the committee.
Adopted.
Ordered to third reading.
SB 405-FN-A-L, relative to greyhound racing. Ways and Means Committee.
MINORITY: Ought to pass with amendment, Senator Below for the committee. Vote 1-5
MAJORITY: Inexpedient to Legislate, Senator D'Allesandro for the committee. Vote 5-1
2000-3895s
08/10
Amendment to SB 405-FN-A-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT removing the authority of the sweepstakes commission to use sweepstakes revenue as purses for horse or dog races and reducing the number of live races a racetrack is required to schedule in order to simulcast races.
Amend the bill by replacing all after the enacting clause with the following:
1 Sweepstakes Commission; Authorization to Conduct Sweepstakes Races Removed. Amend RSA 284:21-h, I to read as follows:
I. The sweepstakes commission is hereby authorized:
(a) To conduct public drawings at such intervals and in such places within the state as the commission may determine. If governor and council grant approval, such drawings may be in the form of pure lotteries and if so, shall not be associated in any way with a sporting event. [Such drawings may also be associated with horse or dog races or both as hereinafter provided. At least one such drawing each year shall be based on a sweepstakes horse or dog race or both held within the state.
(b) To contract with any licensee to conduct sweepstakes races within the enclosure of any racetrack in the state where races or race meets are held under this chapter, or in the alternative, or in addition thereto, to affiliate the public drawings herein authorized with such thoroughbred races or race meets held within or without the state, either before or after the public drawings, as the commission may determine.
(c)] (b) To conduct [both] pure lotteries [and horse or dog race or both sweepstakes] if the commission, with the approval of governor and council, shall determine that such program will best accomplish the purposes of this subdivision.
[(d)] (c) To participate in any national or multistate pure lotteries conducted in the United States.
2 Sweepstakes Commission; Authorization to Conduct Sweepstakes Races Removed. Amend the introductory paragraph of RSA 284:21-h, II to read as follows:
II. Tickets for such pure lotteries [and sweepstakes races]:
3 Sweepstakes Commission; Authority to Adopt Rules Regarding Sweepstakes Races and Purses for Sweepstakes Races Removed. Amend RSA 284:21-i, II and III to read as follows:
II. The sweepstakes commission shall adopt rules under RSA 541-A after public hearing relative to:
(a) Holding and conducting drawings [and sweepstakes races] and the sale of tickets for such drawings [and races];
(b) [Establishing and fixing the purses, not to exceed an aggregate sum of $ 325,000 for a single calendar year, to be awarded horses, or dogs, or both in sweepstakes races;
(c)] Establishing:
(1) The price for which tickets for drawings [and sweepstakes races]shall be sold; not to exceed $5 per ticket.
(2) The method by which tickets sold for drawings [and sweepstakes races] shall be determined to be winning tickets.
(3) The money or prizes to be awarded holders of winning tickets.
(4) The assignment ability of winning tickets, including appropriate consumer protection provisions.
III. In establishing the money or prizes to be awarded the holders of winning tickets [and the purses for the horses or dogs or both], the sweepstakes commission shall be governed by the primary purpose of the sweepstakes, to raise revenue for the benefit of public education. They shall conduct such studies and make such investigations, either directly or through their agents, as will apprise them of prizes and money awarded to the holders of winning tickets in similar drawings wherever held. [They shall consider the size of purses for the horses or dogs or both as bearing on the question of gaining public confidence in the sweepstakes races.] They shall fix the prizes and amounts of money to be awarded winners [as well as the purses for the horses or dogs or both] in such a manner as will yield the largest net revenue for the benefit of public education, bearing in mind the expenses to be incurred, and all other factors which tend to influence net revenue.
4 Horse and Dog Racing; Simulcast Racing; Live Racing Requirement Reduced. Amend RSA 284:22-a, II(a)(3) to read as follows:
(3) The licensee has scheduled at least [100] 50 days of live racing in the calendar year in which the licensee simulcasts, or if the licensee does not have scheduled at least [100] 50 days of live racing in such calendar year, the licensee conducts live racing on the day on which the licensee simulcasts; and
5 Horse and Dog Racing; Simulcast Racing; Live Racing Requirement Reduced. Amend RSA 284:22-a, IV to read as follows:
IV. A licensee which has scheduled less than [100] 50 days of live racing in a calendar year may simulcast on a day on which live racing is scheduled at the licensee's race track, without conducting live racing, provided that the live racing program is cancelled due to weather or other conditions which produce unsafe conditions at the racetrack of the licensee. The determination to cancel a live program based upon weather or the condition of the racetrack shall be made by the licensee, and notice shall be provided to the commission. Notwithstanding the foregoing, a licensee which has scheduled less than [100] 50 days of live racing shall be limited to no more than [10] 5 such cancellations in a calendar year.
6 Effective Date.
I. Sections 4 and 5 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
2000-3895s
AMENDED ANALYSIS
This bill removes the authority of the sweepstakes commission to use sweepstakes revenue as purses for horse or dog races or conduct sweepstakes drawings in association with horse or dog races. This bill also reduces from 100 to 50 the number of live races a racetrack is required to schedule per year in order to simulcast races.
Senator Pignatelli moved to have SB 405-FN-A-L, relative to greyhound racing, laid on the table.
Motion failed.
Question is on the adoption of the committee amendment.
A roll call was requested by Senator Roberge.
Seconded by Senator Disnard.
The following Senators voted Yes: Below, Roberge, Fernald, Wheeler.
The following Senators voted No: F. King, Gordon, Johnson, Fraser, McCarley, Trombly, Disnard, Eaton, Squires, Pignatelli, Francoeur, Larsen, Krueger, Brown, J. King, Russman, D’Allesandro, Klemm, Hollingworth.
Yeas: 4 - Nays: 19
Amendment failed.
Question is on the motion of ought to pass.
Motion failed.
Question is on the committee report of inexpedient to legislate.
Committee report of inexpedient to legislate is adopted.
HB 1225, relative to the name of the department of fish and game. Wildlife and Recreation Committee. Vote 3-0. Ought to Pass, Senator Eaton for the committee.
Adopted.
Ordered to third reading.
SB 398, relative to public boat access on Lake Sunapee. Wildlife and Recreation Committee. Vote 3-0. Inexpedient to Legislate, Senator Disnard for the committee.
Committee report of inexpedient to legislate is adopted.
SB 455, relative to campgrounds. Wildlife and Recreation Committee. Vote 2-0. Ought to pass with amendment, Senator Eaton for the committee.
2000-3817s
08/09
Amendment to SB 455
Amend the bill by replacing section 6 with the following:
6 Effective Date. This act shall take effect upon its passage.
Amendment adopted.
Ordered to third reading.
MOTION TO VACATE
Senator D'Allesandro moved to vacate HB 1404 from the Internal Affairs Committee to the Executive Departments and Administration Committee.
HB 1404, creating a study committee to address mechanisms for the preservation or disposal of state records.
Adopted.
HB 1404 is vacated to the Executive Departments and Administration Committee.
MOTION TO VACATE
Senator Russman moved to vacate HB 1390 from the Environment Committee to the Public Institutions, Health and Human Services Committee.
HB 1390, establishing a commission to study the relationship between public health and the environment.
Adopted.
HB 1390 is vacated to the Public Institutions, Health and Human Services Committee.
Senator Trombly offered the following resolution:
2000 SESSION
03/09
SENATE RESOLUTION
14A RESOLUTION relative to heating oil prices and the state match requirement for the federal Weatherization Program.
This senate resolution urges the United States Department of Energy, Congress, and the White House to address escalating heating oil prices by assuring adequate inventory levels in the Northeast, repealing the state match requirement for the federal Weatherization Program, maintaining pressure on OPEC to increase production, and increasing funding for certain federal assistance programs.
00-2829
03/09
In the Year of Our Lord Two Thousand
A RESOLUTION relative to heating oil prices and the state match requirement for the federal Weatherization Program.
Whereas, prices for home heating oil, kerosene, and diesel fuel spiked dramatically this winter in New Hampshire and reached record highs in our state and throughout the Northeast; and
Whereas, heating oil prices in the state rose to prices which were well over $1 per gallon higher than last winter’s fuel prices; and
Whereas, kerosene prices in the state rose to well over $2 per gallon; and
Whereas, gasoline prices have skyrocketed, and threaten to reach or exceed $2 per gallon in the coming season; and
Whereas, households across the state struggle to pay their necessary heating and transportation fuel costs; and
Whereas, New Hampshire citizens remain vulnerable to future fuel price volatility; and
Whereas, tight fuel supplies and very low supplier inventories exacerbated the price volatility problem; and
Whereas, sustained below freezing temperatures this past winter and during typical New Hampshire winters make this situation of particular concern as a health and safety issue for our citizens; and
Whereas, 75 percent of all home heating oil used in the United States is used in New England during 12 weeks of winter; and
Whereas, the federally-funded Low Income Weatherization Program last year provided approximately $870,000 to New Hampshire to enable cost-effective energy conservation investments for the neediest households to reduce their energy consumption and heating bills; and
Whereas, the Weatherization Program is one of the most effective means of reducing low income homeowners’ reliance on imported heating fuels, and resultant energy cost burdens, while also advancing health and safety goals; and
Whereas, the federal State Energy Program enables states like New Hampshire to target all sectors of the economy – including schools, municipalities, business, industry, state facilities, non-profits, and the residential sector – with energy saving and renewable energy initiatives, education, and creative solutions to energy problems, and further permits the state to monitor and track key trends in fuel prices and supplies so as to foster emergency preparedness; and
Whereas, the federal Low Income Home Energy Assistance Program (LIHEAP) afforded New Hampshire over $17 million this year ($8.5 million base grant plus $9.1 million in emergency funds) for income eligible households to pay essential heating costs, thereby averting hardship and crisis for thousands of elderly, disabled, and families with young children; now, therefore, be it
Resolved by the Senate:
That the senate hereby urges the United States Department of Energy to take all available measures to assure adequate inventory levels in the Northeast, including re-examination of regional heating oil reserve options, as well as minimum wholesale inventory requirements; and
That the senate hereby urges Congress to repeal the new 25 percent Weatherization Program match requirement scheduled to go into effect in 2001, which would place states like New Hampshire at potential risk of loss of all federal funding for this valuable program; and
That the senate hereby urges the White House to maintain pressure on OPEC to agree to increase production levels when they meet on March 27, 2000, to increase petroleum product supplies available throughout the region in order to reduce prices; and
That the senate hereby urges Congress to support increase funding for much-needed federal programs, at proposed national levels of $1.4 billion for LIHEAP, $175 million for the Weatherization Program, and $44 million for the State Energy Program, so that states can best assist residents and businesses to decrease their fuel consumption and afford essential heating costs; and
That the senate clerk transmit copies of this resolution to the President of the United States, the Vice-President of the United States, the Secretary of the Department of Energy, the Speaker of the U.S. House of Representatives, and the members of the New Hampshire congressional delegation.
Question is on the adoption of the resolution.
A roll call was requested by Senator Trombly.
Seconded by Senator Larsen.
The following Senators voted Yes: F. King, Gordon, Johnson, Fraser, Below, McCarley, Trombly, Disnard, Roberge, Eaton, Fernald, Squires, Pignatelli, Francoeur, Larsen, Krueger, Brown, J. King, Russman, D’Allesandro, Wheeler, Klemm, Hollingworth.
The following Senators voted No:
Yeas: 23 - Nays: 0
Adopted unanimously.
RESOLUTION
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.
Adopted.
ANNOUNCEMENTS
resolution
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 30, 2000 at 10:00 a.m.
Adopted.
Third Reading and Final Passage
HB 246, relative to personnel transfers at the department of safety.
SB 307, relative to biosolids and short paper fiber.
SB 311, relative to the recovery of public assistance.
SB 322, extending the needle exchange pilot program.
SB 323, relative to ambulatory surgical facilities in service areas of rural hospitals.
SB 324, relative to personal care services and providers.
SB 326, relative to the joint health council.
SB 383, requiring the department of health and human services and insurers to make prompt payments.
SB 387-FN-L, relative to proposed toll booths in the city of Nashua and relative to alternatives to the state wide toll booth system.
SB 397-FN-A-L, making an appropriation from the education trust fund for public kindergarten programs and relative to the adequate education grant amount and property tax warrant for the town of Orange.
SB 400-L, relative to emergency medical and trauma services.
SB 455, relative to campgrounds.
SB 456, relative to testing newborns for deafness.
HB 569, relative to the tax credit for service-connected total disability.
HB 1114-FN, relative to creditable service in the retirement system for teachers in a job-sharing position.
HB 1126, relative to repealing the prohibition on rewards for procuring employment.
HB 1134, establishing a committee to study mental health care treatment under managed care plans.
HB 1196, giving the police department of Lincoln authority to respond to emergency situations and exercise police duties in the unincorporated place of Livermore.
HB 1206, extending the reporting date of the committee studying alcohol and drug abuse prevention.
HB 1225, relative to the name of the department of fish and game.
HB 1283, establishing a commission on the education of the deaf and hard of hearing in New Hampshire.
HB 1374, extending the reporting date for the sex offender issues study committee.
HB 1435, establishing a committee to study the immediate and long-term impact of changing methodology of communications and information technology as it applies to the right-to-know law.
HB 1523, relative to landlord-tenant obligations.
HB 1594, relative to the allocation of moneys in the tobacco use prevention fund.
In recess.