Out of Recess.

2000-4014-EBA

03/01

Enrolled Bill Amendment to HB 1374

The Committee on Enrolled Bills to which was referred HB 1374

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

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction.

Amend RSA 1999, 89:2, I as inserted by section 2 of the bill by replacing line 2 with the following:

(a) Four]7 members of the house of representatives, one of whom shall be from the

Senator Trombly moved adoption.

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Thursday, April 6, 2000 at 10:00 a.m.

The Senate met at 10:00 a.m.

A quorum was present.

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

Senator J. King led the Pledge of Allegiance.

10:01 a.m.

HB 542-FN-A, repealing the legacies and succession tax. Finance Committee. Vote 3-3. Ought to pass, Senator J. King for the committee.

Senator Klemm offered a floor amendment.

Sen. Klemm, Dist. 22

Sen. D’Allesandro, Dist. 20

Sen. F. King, Dist. 1

Sen. Fraser, Dist. 4

Sen. Disnard, Dist. 8

Sen. J. King, Dist. 18

April 6, 2000

2000-4033s

08/09

Floor Amendment to HB 542-FN-A

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

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

1 Statement of Purpose. The general court finds that:

I. The people of New Hampshire need relief from certain taxes that are currently assessed against them, including the legacies and succession tax which assesses a tax against certain estates at a rate of 18 percent.

II. The people of New Hampshire need relief from a tax assessed against their savings by increasing the exemptions amount under the interest and dividends tax.

III. The people of New Hampshire need relief from the recently enacted statewide property tax, thereby reducing the dependency of state education on real property taxes.

IV. The people of New Hampshire want responsible tax relief; that is tax relief which does not create a budget deficit. The people of New Hampshire want tax relief which relies upon new revenue sources rather than taxes to fund tax relief.

V. The pari-mutuel industry provides substantial and positive impacts on the economies of the local communities in which racetracks are located, as well as that of the state of New Hampshire. The pari-mutuel facilities pay substantial local property taxes and fees and provide jobs to thousands of New Hampshire residents. The pari-mutuel industry is also a significant part of tourism in the state.

VI. The pari-mutuel industry and the grand hotels face substantial competition from various sources. Racetracks in other jurisdictions are assessed lower taxes and receive substantial

incentives to support this industry.

VII. The economic vitality of New Hampshire’s grand hotels is threatened by the creation of large gaming and resort complexes in southern New England and Canada. New Hampshire’s grand hotels are an inherent part of our state’s traditions, character, and quality of life. Their preservation and continued existence is of fundamental importance to the economic vitality, tourism trade, hospitality, and educational opportunities of the state and to the preservation and enhancement of employment in the communities in which they exist. Therefore, the grand hotels must be given an opportunity to position themselves in a changing and increasingly competitive environment.

VIII. New Hampshire’s grand hotels provide substantial and positive impacts on the economies of the local communities in which they are located, as well as on that of the state of New Hampshire. The grand hotels pay substantial local property taxes, fees, and meals and rooms taxes and provide jobs to thousands of New Hampshire residents. The grand hotels are an important part of the tourism industry.

2 New Chapter; Video Lottery Games. Amend RSA by inserting after chapter 284 the following new chapter:

VIDEO LOTTERY GAMES

284-A:1 Definitions. In this chapter:

I. "Gaming oversight authority" means the authority established by RSA 284-A:2.

II. "Grand hotel" means a facility which operated with a minimum of 195 rental units in a single structure available to the public as of July 1, 1999, has restaurant facilities, restrooms, bathing facilities, public telephones, an adjacent 18-hole golf course in common ownership with the grand hotel facility and adequate parking for patrons, and is located within the North Country Tourist Gaming Area.

III. "Grand hotel applicant" means a person who owns and operates a grand hotel.

IV. "Grand hotel licensee location" means the sole location within the grand hotel where video lottery machines are located, which location must have existed as of January 1, 2000.

V. "Net machine income" means all cash or other consideration utilized to play a video lottery machine, less all cash or other consideration paid to players of video lottery machines as winnings.

VI. "Operator applicant" means the entity in which a pari-mutuel licensee or grand hotel applicant will participate and apply for an operator’s license to operate video lottery machines at the pari-mutuel or grand hotel licensee location, as applicable.

VII. "Operator’s license" means the license issued by the gaming oversight authority to an operator licensee which allows the operator licensee to possess, conduct and operate video lottery machines in accordance with this chapter.

VIII. "Operator licensee" means a pari-mutuel licensee, grand hotel or operator applicant who is issued a license by the gaming oversight authority to operate video lottery machines pursuant to this chapter.

IX. "Pari-mutuel commission" means the New Hampshire pari-mutuel commission as established in RSA 284:6-a.

X. "Pari-mutuel licensee" means an entity licensed and authorized to conduct either:

(a) Live horse racing as provided in RSA 284:16 for at least the number of days as required in RSA 284:22-a, II(a)(3) as determined by the pari-mutuel commission; or

(b) Live dog racing as provided in RSA 284:16-a for at least the number of days as required in RSA 284:22-a, II(a)(3) as determined by the pari-mutuel commission.

XI. "Pari-mutuel licensee location" means the facility at which the pari-mutuel licensee is located and where the pari-mutuel licensee is licensed to conduct live thoroughbred horse racing or live dog racing as of January 1, 2000 and any real estate in which the pari-mutuel licensee has an interest as of January 1, 2000 which is adjacent to the real estate on which the pari-mutuel licensee conducts live thoroughbred horse racing or live dog racing; provided that the pari-mutuel licensee location shall include any structures that may be constructed at such location after January 1, 2000.

XII. "Sweepstakes commission" means the New Hampshire sweepstakes commission as established by RSA 284:21-a.

XIII. "Technology provider" means any person or entity which designs, manufactures, installs, distributes, or supplies video lottery machines for sale or lease to the sweepstakes commission, and which are for use by an operator licensee for conducting video lottery games in accordance with this chapter.

XIV. "Token" means the coin, which is not legal tender, sold by a cashier in a face amount equal to the cash paid by a player for the sole purpose of playing a video lottery machine at a pari-mutuel licensee location or grand hotel licensee location or paid to a player of a video lottery machine, which can be exchanged for cash at the pari-mutuel licensee location or the grand hotel licensee location where the video lottery machine is located.

XV. "Video lottery machines" means an electronic, mechanical, or computerized machine licensed by the gaming oversight authority which, upon the insertion of cash, tokens or the payment of any consideration whatsoever, is available to be played where, by chance or skill, or both, the player may receive cash, tokens or any consideration whatsoever. Video lottery machines include, but are not limited to, slot machines, video poker machines, and other lottery machines. Video lottery machines do not include any redemption slot machines and redemption poker machines as defined in RSA 647 or video poker machines or other similar machines used for amusement purposes only and which do not disburse cash or tokens.

284-A:2 Gaming Oversight Authority.

I. There is hereby established the New Hampshire gaming oversight authority. The gaming oversight authority shall consist of the attorney general, the commissioner of safety, and the commissioner of revenue administration or their respective designees. The attorney general or the designee of the attorney general shall serve as the chairperson of the gaming oversight authority.

II. No license shall be issued to any person under this chapter without the prior approval of the gaming oversight authority. The gaming oversight authority shall issue licenses only after completion of the investigations set forth in this chapter and the recommendation to issue such license from the pari-mutuel commission or the sweepstakes commission, as the case may be. If the pari-mutuel commission or the sweepstakes commission does not recommend that a license be issued to an applicant, such applicant may apply to the gaming oversight authority for such license.

III. A grand hotel applicant shall apply directly to the gaming oversight authority.

IV. In addition to the responsibilities set forth in RSA 284-A:2, II, the gaming oversight authority shall have general responsibility for the implementation of this chapter and shall adopt rules under RSA 541-A relative to:

(a) Hearing and deciding promptly and in reasonable order all license applications or recommendations for the suspension or revocation of any license issued under this chapter.

(b) Conducting all investigations required under this chapter with regard to the application of any applicant for a license.

(c) Notifying the pari-mutuel commission that it has received an application by a pari-mutuel licensee or an operator applicant for issuance of an operator license at a pari-mutuel licensee location and requiring the pari-mutuel commission to provide the gaming oversight authority with all records of the pari-mutuel commission regarding the licensing of the pari-mutuel licensee.

(d) Conducting hearings pertaining to civil violations of this chapter or rules under the provisions of this chapter and collecting all penalties under the provisions of this chapter.

(e) Establishing standards and a reasonable fee structure for the licensing and renewal of licenses for operators.

(f) Establishing standards and a reasonable fee structure for the licensing and renewal of licenses for technology providers.

(g) Establishing standards and a reasonable fee structure for the licensing and renewal of licenses for employees of the operator licensee.

(h) Establishing technical standards for approval of video lottery machines, including mechanical and electrical reliability and security against tampering, as it may deem necessary to protect the public from fraud or deception and to ensure the integrity of their operation.

(i) Establishing criteria for licensing under RSA 284-A:8.

(j) Establishing standards for reviewing any structure at a pari-mutuel licensee location, any proposal involving the alternative removal, construction or enlargement of a grand hotel licensee location.

(k) Such other rules as may be necessary to implement this chapter.

V. The gaming oversight authority shall have the authority to issue subpoenas and compel the attendance of witnesses, to administer oaths, and require testimony of witnesses under oath.

VI. Pending the adoption of rules under RSA 541-A, and notwithstanding RSA 541-A:2, the gaming oversight authority shall adopt interim rules after public hearing and within 30 days after enactment of this chapter. Such interim rules shall automatically expire upon the adoption of rules under RSA 541-A.

VII. No later than March 31 in each calendar year, the gaming oversight authority shall provide a report to the fiscal committee of the general court, regarding the operation of video lottery machines. Such report shall include any recommendations for legislation.

VIII. With regard to minutes and records of the gaming oversight authority:

(a) The gaming oversight authority shall cause to be made and kept a record of all proceedings of public meetings of the gaming oversight authority. A verbatim transcript of those proceedings shall be prepared by the gaming oversight authority upon the request of any member of the authority or upon the request of any other person and the payment by that person of the costs of preparation. A copy of a transcript shall be made available to any person upon request and payment of the costs of preparing the copy.

(b) The gaming oversight authority shall keep and maintain a list of all applicants for licenses it receives under this chapter together with a record of all actions taken with respect to such applicants. A file and record of the actions by the gaming oversight authority shall be open to public inspection provided, however, that the information regarding any applicant whose license or registration has been denied, revoked, or not renewed shall be removed from such list after 5 years from the date of such action.

(c) The gaming oversight authority shall maintain such other files and records as the gaming oversight authority determines is necessary. All records maintained by the gaming oversight authority may be maintained on computer disks or other technology provided that such information can be produced in written form upon the request of the gaming oversight authority.

(d) All information and data required by the gaming oversight authority to be furnished to it, or which may otherwise be obtained, shall be considered to be confidential and shall not be revealed in whole or in part except in the course of the necessary administration of this chapter, or upon the lawful order of a court of competent jurisdiction, or, with the approval of the attorney general, to a duly authorized law enforcement agency.

(e) All information and data pertaining to an applicant’s criminal record, family, and background furnished to or obtained by the gaming oversight authority from any source shall be considered confidential and shall be withheld in whole or in part. Such information shall be released upon the lawful order of a court of competent jurisdiction or to a duly authorized law enforcement agency.

(f) Notice of the contents of any information or data released, except to a duly authorized law enforcement agency pursuant to subparagraphs (d) or (e) of this paragraph, shall be given to any applicant, registrant, or licensee in a manner prescribed by the rules adopted by the gaming oversight authority.

IX. The gaming oversight authority may from time to time contract for and procure on a fee or independent contracting basis such financial, economic, or security consultants and any other technical and professional services as the authority deems necessary for the discharge of its duties. The cost shall be a charge against the general fund.

284-A:3 Duties of the Pari-mutuel Commission.

I. The pari-mutuel commission shall:

(a) Provide to the gaming oversight authority all records pertaining to the licensing of a pari-mutuel licensee under RSA 284 within 30 days after the pari-mutuel commission receives notice from the gaming oversight authority pursuant to RSA 284-A:2, IV(c).

(b) Hear and make recommendations promptly but no later than 60 days after receipt of notice from the gaming oversight authority pursuant to RSA 284-A:2, IV(c) to the gaming oversight authority and, if reasonable, order all license applications for a license under RSA 284-A:8, II.

II. The pari-mutuel commission shall make its recommendation to the gaming oversight authority in writing and after hearing. All hearings shall be conducted in accordance with the rules

adopted by the pari-mutuel commission under RSA 284 and subject to RSA 284-A:3, III.

III. With regard to minutes and records of the pari-mutuel commission:

(a) The pari-mutuel commission shall cause to be made and kept a record of all proceedings of public meetings of the pari-mutuel commission pursuant to this chapter. A verbatim transcript of those proceedings shall be prepared by the pari-mutuel commission upon the request of any commissioner or upon the request of any other person and the payment by that person of the costs of preparation. A copy of a transcript shall be made available to any person upon request and payment of the costs of preparing the copy.

(b) The pari-mutuel commission shall keep and maintain a list of all notices it receives under RSA 284-A, together with a record of all actions taken with respect to such notices. A file and record of the pari-mutuel commission’s actions shall be open to public inspection provided, however, that the information regarding any applicant whose license or registration has been denied, revoked, or not renewed shall be removed from such list after 5 years from the date of such action.

(c) The pari-mutuel commission shall maintain such other files and records as the pari-mutuel commission determines is necessary.

(d) All information and data required by the pari-mutuel commission to be furnished to it, or which may otherwise be obtained, shall be considered to be confidential and shall not be revealed in whole or in part except in the course of the necessary administration of this chapter, or upon the lawful order of a court of competent jurisdiction, or with the approval of the attorney general, to a duly authorized law enforcement agency.

(e) All information and data pertaining to an applicant’s criminal record, family, and background furnished to or obtained by the pari-mutuel commission from any source shall be considered confidential and shall be withheld in whole or in part. Such information shall be released upon the lawful order of a court of competent jurisdiction or to a duly authorized law enforcement agency.

(f) Notice of the contents of any information or data released, except to a duly authorized law enforcement agency pursuant to subparagraphs (d) or (e) of this paragraph, shall be given to any applicant, registrant, or licensee in a manner prescribed by the rules and regulations adopted by the pari-mutuel commission.

(g) All records, information or data maintained or kept by the pari-mutuel commission shall be maintained or kept at the office of the gaming oversight authority.

284-A:4 Duties of the Sweepstakes Commission.

I. The sweepstakes commission shall:

(a) Hear and make recommendations promptly to the gaming oversight authority and in reasonable order all license applications for technology providers.

(b) Collect all license fees imposed upon any applicant and all taxes imposed by this chapter.

(c) Adopt, pursuant to RSA 541-A, such rules as may be necessary to implement this chapter.

(d) Certify net machine income by inspecting records, conducting audits, having its agents on site, or by any other reasonable means.

(e) Establish a central computer system located at the office of the sweepstakes commission linking all video lottery machines to insure control over electronic games of chance. The sweepstakes commission shall establish a bid procedure for such contracts.

(f) Enter into lease agreements with technology providers to provide video lottery machines to operator licensees. These lease agreements shall provide that each technology provider shall supply the quantity and quality of video lottery machines as determined by an operator licensee in a timely and efficient manner. Each agreement shall also provide that the technology provider shall provide all maintenance and service of its video lottery machines at no additional charge or fee to the state or the operator licensees. Each agreement into which the sweepstakes commission enters shall require the technology providers to upgrade at least 20 percent of the video lottery machines on an annual basis.

(g) Establish technical standards for approval of video lottery machines, including mechanical and electrical reliability and security against tampering, as it may deem necessary to protect the public from fraud or deception and to ensure the integrity of their operation.

II. The sweepstakes commission shall have the authority to issue subpoenas and compel the attendance of witnesses, to administer oaths and to require testimony under oath.

III. No later than March 31 in each calendar year, the sweepstakes commission shall provide a report to the gaming oversight authority regarding the generation of revenues of video lottery machines by pari-mutuel licensees, grand hotel licensees, or their respective operator licensees.

IV. With regard to minutes and records of the sweepstakes commission:

(a) The sweepstakes commission shall cause to be made and kept a record of all proceedings held at public meetings of the sweepstakes commission. A verbatim transcript of those proceedings shall be prepared by the sweepstakes commission upon the request of any commissioner or upon the request of any other person and the payment by that person of the costs of preparation. A copy of the transcript shall be made available to any person upon request and payment of the costs of preparing the copy.

(b) The sweepstakes commission shall keep and maintain a list of all notices for licenses as technology providers under RSA 284-A, together with a record of all actions taken with respect to such applicants. A file and record of the actions by the sweepstakes commission shall be open to public inspection provided, however, that the information regarding any applicant whose license or registration has been denied, revoked, or not renewed shall be removed from such list after 5 years from the date of such action.

(c) The sweepstakes commission shall maintain such other files and records as the sweepstakes commission determines is necessary.

(d) All information and data required by the commission to be furnished to it, or which may otherwise be obtained, shall be considered to be confidential and shall not be revealed in whole or in part except in the course of the necessary administration of this chapter, or upon the lawful order of a court of competent jurisdiction, or with the approval of the attorney general, to a duly authorized law enforcement agency.

(e) All information and data pertaining to an applicant’s criminal record, family, and background furnished to or obtained by the sweepstakes commission from any source shall be considered confidential and shall be withheld in whole or in part. Such information shall be released upon the lawful order of a court of competent jurisdiction, or with the approval of the attorney general, to a duly authorized law enforcement agency.

(f) Notice of the contents of any information or data released, except to a duly authorized law enforcement agency pursuant to subparagraphs (d) or (e) of this paragraph, shall be given to any applicant, registrant, or licensee in a manner prescribed by the rules adopted by the sweepstakes commission.

(g) All records, information or data maintained or kept by the sweepstakes commission shall be maintained or kept at the office of the gaming oversight authority.

V. Pending the adoption of rules under RSA 541-A, and notwithstanding RSA 541-A:18, the sweepstakes commission shall adopt interim rules after public hearing and within 30 days after the effective date of this chapter. Such interim rules shall automatically expire in accordance with RSA 541-A: 19.

284-A:5 Restrictions on Employment.

I. No person who has held an interest in or been employed by the holder of a pari-mutuel license or an operator’s license or has held an interest in or been employed by a grand hotel shall be employed by the gaming oversight authority, pari-mutuel commission, sweepstakes commission, or gaming enforcement division for 2 years from the expiration of such interest or employment. Excluded from this prohibition shall be employees of a pari-mutuel licensee who are employed on an emergency or temporary basis by the pari-mutuel commission for services in connection with a live race or live race meet.

II. No person who holds an interest in or is employed by the holder of a pari-mutuel license or an operator’s license, or holds an interest in or is employed by a grand hotel shall be employed by the gaming oversight authority, pari-mutuel commission, sweepstakes commission, or gaming enforcement division.

III. No employee of the gaming oversight authority, pari-mutuel commission, sweepstakes commission, or gaming enforcement division shall play a video lottery machine.

IV. No employee of the gaming oversight authority, pari-mutuel commission, sweepstakes commission, or gaming enforcement division shall directly or indirectly pay or contribute money or things of value to:

(a) Any candidate for nomination or election to any public office in this state.

(b) Any political party or any committee of any political party in this state.

(c) Any group, committee or association organized in support of any such candidate or political party.

V. No person who was employed by the gaming oversight authority, pari-mutuel commission, sweepstakes commission, or gaming enforcement division shall hold an interest in or be employed by the holder of a pari-mutuel license or an operator’s license, or hold an interest in or be employed by a grand hotel, for a period of 2 years from the termination of employment by the gaming oversight authority, pari-mutuel commission, sweepstakes commission, or gaming enforcement division.

284-A:6 Authorization for Video Lottery Games of Chance.

I. A pari-mutuel licensee or grand hotel applicant shall be authorized to install, operate and conduct video lottery games of chance at its pari-mutuel licensee location or grand hotel licensee location, subject to the provisions of this chapter.

II. A pari-mutuel licensee or grand hotel applicant may enter into one or more agreements to manage or participate in the operation of video lottery games of chance at its pari-mutuel licensee location or grand hotel licensee location; provided such operator applicant shall be licensed under this chapter.

284-A:7 North Country Tourist Gaming Area.

I. There is established a New Hampshire electronic gaming area known as the "North Country Tourist Gaming Area" which shall include all of the municipalities and unincorporated towns of Coos County.

II. The gaming oversight authority shall issue not more than 2 operator’s licenses for the North Country Tourist gaming area established in paragraph I, provided there are eligible applicants for such licenses.

284-A:8 Licenses, Number of Video Lottery Machines.

I. No person shall engage in the ownership, possession, transfer, maintenance, repair or operation of a video lottery machine unless such person is licensed in accordance with the provisions of this chapter, local approval as provided in RSA 284-A:13 has been obtained, the gaming oversight authority has adopted interim rules pursuant to RSA 284-A:2, VI, and the sweepstakes commission has adopted interim rules as provided in RSA 284-A:4, VI.

II. Any pari-mutuel license issued by the pari-mutuel commission following the effective date of this chapter shall not authorize the pari-mutuel licensee to install, operate or conduct video lottery machines until the pari-mutuel licensee is issued an operator’s license pursuant to the provisions of this chapter.

III. Any operator applicant shall be licensed as an operator licensee in accordance with the provisions of this chapter prior to engaging in any activity authorized by this chapter.

IV. Any employee of an operator licensee who is directly engaged in the installation or operation of video lottery machines or in any moneys associated with the playing of video lottery machines and all supervisory and managerial personnel, shall be licensed as a video lottery game of chance employee in accordance with this chapter prior to engaging in any activity authorized by this chapter.

V. Any technology provider engaged in the business of providing, installing, maintaining or repairing video lottery machines shall be licensed by the gaming oversight authority in accordance with the provisions of this chapter prior to engaging in any activity authorized by this chapter. No technology provider shall be entitled to operate video lottery machines.

VI.(a)(l) Each operator licensee at a pari-mutuel licensee location at which live dog racing is conducted shall be limited to 850 video lottery machines in operation at each such pari-mutuel licensee location.

(2) The operator licensee at the pari-mutuel licensee location at which live thoroughbred horse racing is conducted shall be limited to 1750 video lottery machines in operation at such pari-mutuel licensee location.

VII. Each operator licensee at a grand hotel licensee location shall be limited to 650 video lottery machines. In the event that a grand hotel location is not licensed to operate video lottery machines, the number of video lottery machines allocated to such grand hotel licensee shall be allocated to the operator licensees in RSA 284-A:8, VI as follows:

(a) Twenty percent of the video lottery machines to each operator licensee identified in RSA 284-A:8, VI(a)(1); and

(b) Forty percent of the video lottery machines to the operator licensee identified in RSA 284-A:8, VI(a)(2).

VIII. The gaming oversight authority shall consider the following factors prior to issuing an operator’s license to a grand hotel applicant or its applicable operator applicant:

(a) Total distribution of net machine income.

(b) A detailed economic plan for the municipality and the surrounding region where the grand hotel is located with supporting documentation to explain the following:

(1) Quality of jobs including, but not limited to, wages and fringe benefits.

(2) Historical unemployment in the area.

(3) Direct and indirect employment gain.

(4) Impact on the tourism-based economy.

(5) Impact on regional economic development.

(6) Historical and projected household income.

(7) Tourist trends.

(c) A business plan to support the request for video lottery machines.

(d) Market demand for video lottery machines.

(e) Qualifications of those persons who own or manage the grand hotel applicant.

(f) Regional population.

(g) Vehicle traffic.

(h) Total square footage of the grand hotel and the total land acreage of such facility.

(i) Housing availability for employees.

(j) Availability of suitable infrastructure.

(k) Evidence provided by the applicant that the applicant has received local approval as required.

(l) Other information that the authority may require.

IX. In addition to all other enforcement powers it has, the sweepstakes commission may, after notice and hearing, reduce the number of video lottery machines at a pari-mutuel licensee location or grand hotel licensee location for cause, including the failure to comply with the rules and regulations of the gaming oversight authority, the pari-mutuel commission or the sweepstakes commission.

X. No pari-mutuel licensee, grand hotel applicant or operator licensee shall alter, construct, remove, or enlarge any structure at the pari-mutuel licensee location or grand hotel licensee location without the prior approval of the gaming oversight authority, except for winterization of structures existing as of January 1, 2000.

284-A:9 Application and License Requirement for State License for Video Lottery Games of Chance.

I. A pari-mutuel licensee, grand hotel applicant, or operator licensee applicant shall secure an operator’s license from the gaming oversight authority. In the event that a pari-mutuel licensee or grand hotel applicant enters into an agreement to manage and operate video lottery machines pursuant to RSA 284-A:6, II, that entity shall make application as the operator licensee application. An applicant shall complete and sign an application on the forms prescribed by the gaming oversight authority. The application shall include the full name, residence, date of birth, and other personal identifying information of the applicant, and if a corporation or other form of business enterprise, the same information shall be provided with respect to each partner, trustee, officer, director, and any shareholder or other holder who owns more than 10 percent of the legal or beneficial interests of such entity.

II. Whenever the gaming oversight authority shall receive an application, including any application under RSA 284-A: 10, it shall refer the same to the attorney general who shall conduct an investigation. The investigation may be conducted through any appropriate state or federal law enforcement system and may seek information as to the subject’s financial, criminal or business background, or any other information which the attorney general, in his or her sole discretion, may find to bear on the subject’s fitness to be associated with the ownership or management of the operation of video lottery machines in New Hampshire, including, but not limited to, the subject’s character, personal associations, and the extent to which the subject is properly doing business in the manner in which it purports to operate. When the gaming oversight authority requests such an investigation, the attorney general shall report the results of his or her investigation to the gaming oversight authority within 90 days after the receipt of said request. Notwithstanding any other law to the contrary, the results of any such investigation shall be confidential and shall not be subject to disclosure or to public inspection, except that the attorney general, in the attorney general’s sole discretion, shall determine the extent to which and the manner in which said results may be reported to the gaming oversight authority or other state agency or official and, if reported, whether such results are to retain their confidential character; provided, however, that whenever the attorney general conducts such an investigation, the attorney general shall notify the gaming oversight authority whether or not in his or her opinion such person is fit to be associated with participation in the ownership or management of the operation of video lottery machines in this state. The attorney general shall have the authority to conduct an investigation on the attorney general’s motion into the background of the license applicant or holder, or any person or entity upon whom the license applicant or holder relies for financial support.

III. In any investigation conducted pursuant to paragraph II, the attorney general or any duly authorized member of the attorney general’s staff may require by subpoena or otherwise the attendance of witnesses and the production of such correspondence, documents, books and papers as he or she deems advisable, and for purposes of this section, may administer oaths and take the testimony of witnesses. No person shall be excused from testifying or from producing any book or paper in any investigation conducted pursuant to paragraph II upon the ground that such testimony or documentary evidence might tend to incriminate such person; provided that if, after a claim of privilege, the attorney general, in writing, orders such person to testify or produce documentary evidence, he or she shall not be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing which he or she, under oath, disclosed or produced. No person so testifying shall be exempt from prosecution or punishment for any perjury committed by the person in his or her testimony.

IV.(a) The gaming oversight authority shall charge the applicant an application fee of $100,000 which shall be used to defray the cost of processing the application. If the cost of processing the application exceeds $100,000, the applicant shall pay the difference. In the event that a pari-mutuel licensee or a grand hotel applicant makes an agreement pursuant to RSA 284-A:6, II and the operator applicant applies for the operator’s license, then the aggregate amount of the fee shall be the greater of $100,000 or the actual costs incurred by the gaming oversight authority.

(b) The attorney general shall charge the applicant an investigation fee of $50,000 which shall be used to defray the cost of the background investigation. If the cost of the background investigation exceeds $50,000, the applicant shall pay the difference. In the event that a pari-mutuel licensee or a grand hotel applicant makes an agreement pursuant to RSA 284-A:6, II and the operator applicant applies for the operator’s license, then the aggregate amount of the fee shall be the greater of $50,000 or the actual costs by the attorney general.

284-A:10 Licensure Requirements.

I. No operator’s license shall be issued by the gaming oversight authority unless the applicant has proven to the satisfaction of the gaming oversight authority by clear and convincing evidence:

(a) Its financial stability, integrity and responsibility, considering, without limitation, bank references, business and personal income and disbursement schedules, tax returns and other reports filed with governmental agencies, and business and personal accounting and check records and ledgers.

(b) The integrity of all financial backers, investors, mortgagees, bondholders, and holders of indentures, notes and other evidences of indebtedness of the applicant.

(c) Its good character, honesty and integrity, considering, without limitation, information pertaining to family, habits, character, reputation, criminal and arrest record, business activities, financial affairs, and business, professional and personal associates, covering at least the 10-year period immediately preceding the filing of the application.

(d) Its business ability and experience in the operation of video lottery machines, as appropriate, so as to establish the likelihood of a successful and efficient operation.

II.(a) In addition, no operator’s license shall be issued by the gaming oversight authority to any applicant unless the applicant has proven to the satisfaction of the gaming oversight authority by clear and convincing evidence that each director, officer or similar principal employee and each direct or indirect owner satisfies the standards for licensure contained in RSA 284-A:10, I.

(b) The gaming oversight authority may, in its discretion, waive the qualification requirement for any such person who is not significantly involved in the activities of the applicant, does not have the ability to significantly influence or control the applicant, or for other good cause.

(c) Except as provided in RSA 284-A: 10, II(d), no person who owns, directly or indirectly, legally or beneficially, 10 percent or less of the equity securities or 20 percent or less of the outstanding debt securities of a publicly traded holding company of an applicant for an operator’s license shall be required to be qualified pursuant to the provisions of this section prior to the issuance of such a license to the applicant.

(d) If an operator licensee has 25 or fewer holders of its equity securities, either directly or indirectly, legally or beneficially, then each such holder shall satisfy the standards of RSA 284-A: 10,II(a).

III. No technology provider’s license shall be issued by the gaming oversight authority after recommendation by the sweepstakes commission unless the applicant has demonstrated to the satisfaction of the gaming oversight authority by clear and convincing evidence that it satisfies the standards contained in paragraphs I and II of this section. The sweepstakes commission shall establish the form of application which must be completed by each applicant for a technology provider’s license. Each technology provider license applicant shall be subject to the investigation set forth in RSA 284-A:9 except that all investigatory reports shall be provided to the sweepstakes commission and the gaming oversight authority.

IV. No video lottery games of chance employee license shall be issued by the gaming oversight authority unless the applicant has proven to the satisfaction of the gaming oversight authority by clear and convincing evidence that such person satisfies the standards contained in RSA 284-A:10, I.

V. All information and data required by the gaming oversight authority, the pari-mutuel commission, the sweepstakes commission, or gaming enforcement division to be furnished pursuant to this chapter, or which may otherwise be obtained by the gaming oversight authority, the pari-mutuel commission, the sweepstakes commission, or gaming enforcement division in the performance of their duties under this chapter, except information regarding net machine income, shall be considered to be confidential and shall not be revealed in whole or in part except in the course of the necessary administration of this chapter, upon lawful order of a court of competent jurisdiction, or with the approval of the commissioner of safety, to a duly authorized law enforcement agency.

VI. The gaming oversight authority shall charge an application fee to the operator applicant of $50,000 which shall be used to defray the cost of processing the video lottery games of chance employee licensing for all of the operator applicant’s employees required to be licensed. If the cost of processing the application exceeds $50,000 for the video lottery games of chance employee licensing, the operator applicant shall pay the difference.

VII. The sweepstakes commission shall charge to the technology provider an application fee of $50,000 which shall be used to defray the cost of processing the technology provider’s license. If the cost of processing the application exceeds $50,000 for the technology provider’s license, the technology provider shall pay the difference.

VIII. In addition to all other fees, the sweepstakes commission shall collect from each pari-mutuel licensee, grand hotel applicant, or its respective operator licensee, the annual fee of $50 for each video lottery machine located at the pari-mutuel licensee location or grand hotel licensee location and the annual fee of $10,000 from each technology provider. The sweepstakes commission shall distribute such sum to the treasurer for the establishment of a program within the department of health and human services to address issues of problem gambling.

284-A:11 Exclusion of Minors.

I. No person under the age of 21 shall play a video lottery machine authorized by this chapter.

II. No pari-mutuel licensee, grand hotel licensee, or its operator’s licensee shall knowingly permit a minor to play or participate in any aspect of the play of a video lottery machine.

III. Each violation of RSA 284-A:ll, I shall be punishable by a fine of no more than $1,000 and shall be payable by such person who violates such paragraph.

IV. Each violation of RSA 284-A:ll, II shall be punishable by a fine of no more than $1,000 and shall be payable by the pari-mutuel licensee, grand hotel licensee, or its operator licensee that is found to have violated such paragraph.

284-A:12 Distribution of Net Machine Income.

I. The operator licensee at a grand hotel licensee location shall distribute net machine income generated by such operator licensee at a grand hotel licensee location as provided in RSA 284-A:12, II excluding the payment set forth in RSA 284-A: 12,II(c). All other operator licensees shall distribute net machine income as set forth in RSA 284-A:12, II excluding the payment set forth in RSA 284-A:12, II(d).

II. Subject to the provisions of RSA 284-A:12, I, net machine income generated by an operator licensee shall be distributed and paid as follows:

(a) Net machine income shall be distributed to the state as follows:

(1) Forty-four and eight-tenths percent of the first $200 of the daily average net machine income generated by a video lottery machine for each calendar month shall be paid to the state from which the state shall pay for its costs of regulation and administration; the acquisition and operation of the central computer system; the lease payments due to technology providers; and the balance shall be deposited with the state treasurer for deposit in the education trust fund established by RSA 198:39.

(2) Fifty-four and eight-tenths percent of the average daily net machine income greater than $200 and less than or equal to $250 generated by a video lottery machine for each calendar month shall be paid to the state from which the state shall pay for its costs of regulation and administration, the acquisition and operation of the central computer system; the lease payments due to technology providers; and the balance shall be deposited with the state treasurer for deposit in the education trust fund established by RSA 198:39.

(3) Sixty-four and eight-tenths percent of the average daily net machine income greater than $250 generated by a video lottery machine for each calendar month shall be paid to the state from which the state shall pay for its costs of regulation and administration; the acquisition and operation of the central computer system; the lease payments due to technology providers; and the balance shall be deposited with the state treasurer for deposit in the education trust fund established by RSA 198:39.

(4) The purpose of this section is to increase the amount of net machine income payable to the state on a graduated scale for the portion of the average daily net machine income in excess of $200 and $250 respectively. The average net machine income shall be determined for each calendar month and the operator and the state shall reconcile payments within 10 days after the last day of a calendar month.

(b) Two percent of the average daily net machine income shall be paid to the municipality in which an operator licensee operates video lottery machines.

(c) Three and two-tenths percent of the average daily net machine income generated by an operator licensee at a pari-mutuel licensee location shall be paid to the pari-mutuel commission which will establish a horse racing purse fund for live horse racing and the horse racing purse fund shall be disbursed as follows:

(1) The sum of $257,000 each year and adjusted annually for inflation to the Jockeys Guild Health and Welfare Trust maintained by Jockeys Guild, Inc. for the sole purpose of providing health and welfare benefits to active, disabled, and retired jockeys in accordance with eligibility criteria established by the Guild; and

(2) The balance of such fund toward purses for live horse racing conducted by the pari-mutuel licensee at such pari-mutuel licensee location.

(d) Three and two-tenths percent of the average daily net machine income generated by an operator licensee at a grand hotel licensee location shall be paid and disbursed as follows:

(1) One and six-tenths percent of the average daily net machine income shall be paid to the travel and tourism joint promotional advertising fund hereby established in the office of the state treasurer, to be used by the office of travel and tourism, division of economic development, department of resources and economic development to promote travel and tourism in the state; and

(2) One and six-tenths percent of the average daily net machine income shall be paid to the pari-mutuel commission which will establish a live racing purse fund for live dog racing purses for live dog racing conducted by a pari-mutuel licensee at its pari-mutuel licensee location.

(e) The balance of the average daily net machine income shall be retained by the operator licensee.

III.(a) The pari-mutuel commission shall adopt rules and regulations regarding the disbursement of moneys collected in the horse racing purse fund created in RSA 284-A: 12, II(c) to the pari- mutuel licensee which conducts live horse racing for live horse racing purses.

(b) The pari-mutuel commission shall adopt rules and regulations regarding the disbursement of moneys collected in the live racing purse fund created in RSA 284-A: 12, II(d)(2) to the pari-mutuel licensee which conducts live dog racing at its pari-mutuel licensee location for purses for such live racing.

IV. Subject to reconciliation at the end of each calendar month, all distributions to the state, the pari-mutuel commission, the state treasurer, and the municipality shall be made by the operator licensee within 5 business days after the end of each week in which net machine income is generated. The operator licensee shall pay a fine equal to the greater of $50 for each day in which such payments are overdue in whole or in part or interest on the unpaid amount with interest calculated at the annual rate of 10 percent for each day for which the payment due is late. The late payment penalty shall be paid by the operator licensee to the sweepstakes commission. Notwithstanding the foregoing, the fine imposed in this paragraph shall not limit the gaming oversight authority from imposing further sanctions if the sweepstakes commission determines that an operator licensee habitually violates this section.

284-A:13 Procedures for Adoption by Local Community.

I. Any town or city in which a pari-mutuel licensee location or grand hotel licensee location is situated may adopt the provisions of RSA 284-A, to allow the operation of video lottery machines, in the following manner:

(a) In a town, the question shall be placed on the warrant of a special or annual town meeting under the procedures set out in RSA 39:3, and shall be voted on by ballot; provided, however, if the question is placed on the warrant at a special town meeting, it shall be the only question at such special town meeting. In a city, the legislative body may vote to place the question on the official ballot for any regular municipal election, or, in the alternative, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters.

(b) The selectmen or city council shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.

(c) The wording of the question shall be substantially as follows: "Shall we adopt the provisions of RSA 284-A allowing the operation of video lottery machines at [insert the name of the licensed pari-mutuel facility or grand hotel] located within the town?"

II. If a majority of those voting on the question vote "Yes," RSA 284-A shall apply within the city or town and may not be rescinded by the city or town.

III. If the question is not approved, the question may later be voted upon according to the provisions of paragraph I, provided, however, that the town may consider the question at no more than one special town meeting and the annual town meeting in the same calendar year.

284-A:14 Inspection of Video Lottery Machines; Penalty for Tampering or Manipulating.

I. The sweepstakes commission shall, from time to time, test video lottery machines installed at a pari-mutuel licensee location or grand hotel licensee location. In conducting such tests, the sweepstakes commission shall use the services of an independent laboratory, the cost of which independent laboratory shall be paid by the technology provider.

II. Any person who, with the intent to manipulate the outcome, payoff or operation of a video lottery machine, manipulates the outcome, payoff or operation of any video lottery machine by physical, electronic or mechanical means, shall be guilty of a felony.

284-A:15 Video Lottery Machines.

I. An operator licensee shall provide to the gaming oversight authority, the sweepstakes commission and, if regulated by the pari-mutuel commission, to the pari-mutuel commission, by diagram a description of:

(a) The location of each video lottery machine available for play by the public.

(b) The location of all areas for the storage, maintenance or repair of video lottery machines.

(c) A description of all security measures to be taken for the safeguarding of video lottery machines.

(d) The location and security measures taken for the safeguarding of all moneys, tokens, or other items of value utilized in the use of video lottery machines.

(e) All procedures for the operation, maintenance, repair and inserting or removing of moneys, tokens, or other items of value from video lottery machines.

(f) All of the above shall be approved by the gaming oversight authority prior to commencing the operation of any video lottery machines.

II. No video lottery machine shall be possessed, maintained, exhibited, brought into or removed from a pari-mutuel licensee location or a grand hotel licensee location, by any person unless such machine has permanently affixed to it an identification number or symbol authorized by the gaming oversight authority and prior notice of any such movement has been given to the sweepstakes commission.

III.(a) Each operator licensee shall maintain secure facilities for the counting and storage of all moneys, tokens, or other items of value utilized in the conduct of video lottery machines.

(b) All drop boxes and other devices where moneys, tokens, or other items of value are deposited in video lottery machines and all areas wherein such boxes and devices are kept while in use shall be equipped with 2 locking devices, one key which shall be under the exclusive control of the sweepstakes commission and the other under the exclusive control of the operator licensee. Said drop boxes and other devices shall not be brought into the pari-mutuel licensee location or grand hotel licensee location or removed from a video lottery machine, locked or unlocked, except at such times and such places and according to such procedures as the sweepstakes commission may require to safeguard such boxes and devices and their contents.

IV.(a) No video lottery machine shall be used to conduct gaming unless it is identical in all electrical, mechanical and other aspects to a model which has been specifically tested by the sweepstakes commission and licensed for use by the sweepstakes commission.

(b) The sweepstakes commission shall, by rule, establish technical standards for approval of video lottery machines, including mechanical and electrical reliability and security against tampering, as it may deem necessary to protect the public from fraud or deception and to ensure the integrity of their operation.

(c) All video lottery machines in operation at a pari-mutuel licensee location or grand hotel licensee location shall provide a pay off of at least 87 percent on an average annual basis.

(d) All tickets given as prizes or winnings from video lottery machines must be redeemed for cash within one year after the date of winning. After the expiration of that one year, all such unredeemed tickets shall become property of the state of New Hampshire, notwithstanding any other law to the contrary.

V. An operator licensee who operates video lottery machines shall not be restricted in the days of operation of such machines, so long as the pari-mutuel licensee has scheduled at least the number of days of racing as required by RSA 284:22-a, II(a)(3). The hours of operation on each day shall be determined by the gaming oversight authority.

VI. The sweepstakes commission shall negotiate and execute agreements with at least 3 technology providers in accordance with reasonable business terms subject to the provisions of RSA

284-A:4,I(f). Each operator licensee shall obtain video lottery machines from such technology providers and no others, provided, that no operator licensee shall obtain more than 50 percent of its video lottery machines from any one such technology provider.

VII. The operation of video lottery machines at a grand hotel licensee location shall not be restricted in the days of operation of such machines. The hours of operation on each day shall be determined by the gaming oversight authority.

VIII. Video lottery machines shall be operated only at times when the public is allowed access to the locations. They shall not be operated during private functions.

284-A:16 Term of License.

I. Any operator’s license or technology provider’s license issued pursuant to this chapter and any renewal thereof shall be valid for 2 years unless earlier suspended or revoked by the gaming oversight authority.

II. Any video lottery games of chance employee license or renewal thereof issued pursuant to this chapter shall be valid for 3 years unless earlier suspended or revoked by the gaming oversight authority.

284-A:17 Presence of the Gaming Oversight Authority and Sweepstakes Commission.

I.(a) The gaming oversight authority may be present at any pari-mutuel licensee location or grand hotel licensee location at which video lottery machines are operated at all times when the facility is open to the public.

(b) The operator licensee may be required by the gaming oversight authority or gaming enforcement division to provide such office space and equipment which the commission shall by rule determine is reasonably necessary or proper for them to fulfill their responsibilities.

II. The sweepstakes commission may be present at any time a video lottery machine is opened to remove or insert any drop box, hopper, or other mechanism containing money, tokens, or other items of value. The sweepstakes commission may be present in the count room at any time money, tokens or other items of value utilized in video lottery machines are counted.

284-A:18 Sanction Powers of the Gaming Oversight Authority.

I. The gaming oversight authority shall have the sole and exclusive authority, following appropriate hearings and factual determinations, to impose sanctions against any person for any violation of this chapter or any rule of the gaming oversight authority, the sweepstakes commission, or the pari-mutuel commission adopted under the provisions of this chapter.

II. The gaming oversight authority shall have the authority to impose sanctions upon any person for any violation of this chapter or the rules of the gaming oversight authority, the pari- mutuel commission or the sweepstakes commission as follows:

(a) Revocation or suspension of a license.

(b) Civil penalties as may be necessary to punish misconduct and to deter future violations, which penalties may not exceed $20,000 for each violation.

(c) Order restitution of any moneys or property unlawfully obtained or retained by a person.

(d) Issue a cease and desist order which specifies the conduct which is to be discontinued, altered, or implemented by the person.

(e) Issue letters of reprimand or censure, which letters shall be made a permanent part of the file of each person so sanctioned.

(f) Impose any or all of the foregoing sanctions in combination with each other.

III. In determining appropriate sanctions in a particular case, the gaming oversight authority shall consider:

(a) The risk to the public and to the integrity of video lottery machine operations created by the conduct of the person.

(b) The seriousness of the conduct of the person and whether the conduct was purposeful or with knowledge that it was in contravention of the provisions of this chapter or the rules of the gaming oversight authority, the pari-mutuel commission, or the sweepstakes commission.

(c) Any justification or excuse for such conduct.

(d) The prior history of the person involved.

(e) The corrective action taken by the person to prevent future misconduct of a like nature from occurring.

(f) In the case of a monetary penalty, the amount of the penalty in relation to the of the misconduct and the financial means of the person.

(g) Notwithstanding the foregoing, in the event that a person receives 3 civil penalties each in the amount of $20,000 during the term of such person’s license, the gaming oversight authority shall either revoke the license for the balance of the term of the license or suspend such license for a period of 60 days, as determined by the gaming oversight authority.

284-A:19 Declaration of Limited Exemption from Operation of Provisions of 15 U.S.C. section 1171-1172. Pursuant to section 2 of an act of Congress of the United States entitled "An act to prohibit transportation of gambling devices in interstate and foreign commerce," approved January 2, 1951, being Chapter 1194, 64 Stat. 1134, and also designated as 15 U.S.C. sections 1171-1172, the state of New Hampshire, acting by and through the duly elected and qualified members of its legislature, does hereby, in accordance with and in compliance with the provisions of that section 2 of that act of Congress, declare and proclaim that section 2 of that act of Congress shall not apply to any gambling device in this state where the transportation of such a device is specifically authorized by and done in compliance with the provisions of this chapter and any rules adopted pursuant to it, and that any such gambling device transported in compliance with state law and rules shall be exempt from the provisions of that act of Congress.

284-A:20 Legal Shipment of Gaming Devices into New Hampshire. All shipments into this state of gaming devices, the registering, recording and labeling of which has been duly had by the manufacturer or dealer in accordance with sections 3 and 4 of an act of Congress of the United States entitled "An act to prohibit transportation of gambling devices in interstate and foreign commerce, approved January 2, 1951, being chapter 1194, 64 Stat. 1134, and also designated as 15 U.S.C. sections 1171-1172, shall be deemed legal shipments into this state.

284-A:21 Effect on Other Laws. This chapter shall take precedence over any other law, rule, ordinance, or regulation, of the state or its political subdivisions to the contrary.

3 New Sections; Department of Safety Gaming Enforcement Division Established. Amend RSA 21-P by inserting after section 11 the following new sections:

21-P:11-a Department of Safety Gaming Enforcement Division.

I. There is established within the department a division of gaming enforcement under the supervision of the commissioner of safety. The division shall be authorized to:

(a) Investigate violations of RSA 284 or RSA 284-A and the rules adopted under the provisions of RSA 284 or RSA 284-A, and initiate proceedings before the gaming oversight authority for such violations.

(b) Report the results of any investigation conducted to the pari-mutuel commission, the sweepstakes commission, or the gaming oversight authority, as appropriate.

(c) Participate in any hearing conducted by the pari-mutuel commission or the sweepstakes commission.

II. The commissioner of safety shall organize the division into such units as the commissioner deems necessary. The commissioner of safety may employ such personnel as the commissioner deems necessary to fulfill the responsibilities of the division.

21-P:11-b Enforcement Expenditures. Notwithstanding any other provisions of law, the governor and council with the prior approval of the fiscal committee of the general court, upon request from the commissioner of safety may authorize the transfer of general funds to the department of safety to implement and enforce this chapter.

4 License Restricted. RSA 284:16-c is repealed and reenacted to read as follows:

284:16-c License Restricted.

I. Notwithstanding any other provision of law, the pari-mutuel commission shall not issue a license to conduct live thoroughbred horse racing or live harness horse racing pursuant to RSA 284:16 to any applicant if the place where such races or race meets are to be held is within a radius of 40 miles of the place where live thoroughbred horse races or race meets have already been licensed pursuant to RSA 284:16; provided, however, that the pari-mutuel commission may issue a license to conduct live harness racing to the holder of a license to conduct live thoroughbred racing if the live harness racing is conducted at the same place where the live thoroughbred racing is being conducted.

II. Notwithstanding any other provision of law, the pari-mutuel commission shall not issue a license to conduct live dog racing pursuant to RSA 284:16-a to any applicant if the place where the races or race meets are to be held is within a radius of 40 miles of the place where such races or race meets have already been licensed pursuant to RSA 284:16-a.

5 Restriction on Gambling. RSA 284:17-c is repealed and reenacted to read as follows:

284:17-c Restriction on Gambling. Except as provided in the introductory paragraph of RSA 284:22, RSA 284:22-a, and RSA 284-A, no licensee who holds running horse races shall at the same facility hold any other kinds of races or permit any other type of gambling except harness horse races and activities licensed by the gaming oversight authority, pari-mutuel commission, or the sweepstakes commission.

6 New Subparagraphs; Grand Hotel Licensee and Pari-Mutuel Licensee; On-Sale Special License. Amend RSA 178:20, V by inserting after subparagraph (u) the following new subparagraphs:

(v) Grand Hotel. The commission may issue a special license to any person holding an operator’s license with respect to a grand hotel licensee location under the provisions of RSA 284-A, provided the grand hotel has an existing liquor license. Such special license shall allow the sale of liquor, wine and beverages in a dining room, function room, gaming room, lounge or any other area designated by the commission, without regard to whether meals are served therein, but only during the time gaming is being conducted under RSA 284-A.

(w) Pari-Mutuel Licensee or Operator Licensee. The commission may issue a special license to a person holding a pari-mutuel license or an operator’s license at a pari-mutuel licensee location under the provisions of RSA 284-A, provided the pari-mutuel licensee location has an existing liquor license. Such special license shall allow the sale of liquor, wine, and beverages within the pari-mutuel licensee location, including dining room, function room, gaming room, lounge, or any other area designated by the commission, without regard to whether meals are served therein, but only during the time gaming is being conducted under RSA 284-A.

7 New Subparagraph; Travel and Tourism Joint Promotional Advertising Fund Created. Amend RSA 6:12,I by inserting after subparagraph (aaaa) the following new subparagraph:

(bbbb) Moneys received under RSA 284-A:12,II(d), which shall be credited to the travel and tourism joint promotional advertising fund established in 284-A:12,II(d).

8 New Subparagraph; Authorized Video Lottery Machines Not Prohibited. Amend RSA 647:2, V by inserting after subparagraph (c) the following new subparagraph:

(d) Video lottery machines authorized pursuant to RSA 284-A.

9 Repeal. The following are repealed:

I. RSA 86, relative to the legacies and succession tax.

II. RSA 198:39, I(c), relative to the education trust fund.

10 Apportionment, Assessment and Abatement of Taxes; Education Property Tax. Amend RSA 76:3 to read as follows:

76:3 Education Property Tax. An annual education property tax at the uniform rate of $6.60 on each $1000 of the value of taxable property is hereby imposed on all persons and property taxable pursuant to RSA 72 and RSA 73, except property subject to tax under RSA 82 and RSA 83-F. The rate set forth in this section shall be reduced to the uniform rate of $6.30 on each $1,000 of value of taxable property as of April 1, 2001 and shall be further reduced to the uniform rate of $6.00 on each $1,000 of value of taxable property on April 1, 2002 and thereafter.

11 Taxation of Incomes; Who Taxable. Amend RSA 77:3, I(a)-(c) to read as follows:

(a) Individuals who are inhabitants or residents of this state for any part of the taxable year whose gross interest and dividend income from all sources exceeds [$2,400] $5,200 during that taxable period.

(b) Partnerships, limited liability companies, associations, and trusts, the beneficial interest in which is not represented by transferable shares, whose gross interest and dividend income from all sources exceeds [$2,400] $5,200 during the taxable year, but not including a qualified investment company as defined in RSA 77-A:1, XXI, or a trust comprising a part of an employee benefit plan, as defined in the Employee Retirement Income Security Act of 1974, section 3.

(c) Fiduciaries deriving their appointment from a court of this state whose gross interest and dividend income from all sources exceeds [$2,400] $5,200 during the taxable year.

12 Taxation of Incomes; Exemptions. Amend RSA 77:5, I to read as follows:

I. Income of [$2,400] $5,200.

13 Taxation of Incomes; Returns and Declarations. Amend RSA 77:18, IV(a) and (b) to read as follows:

(a) Every individual whose total interest and dividend income is less than [$2,400] $5,200 for a taxable period.

(b) For joint filers whose total interest and dividend income is less than [$4,800] $10,400 for a taxable period.

14 Education Trust Fund; Video Lottery Money Received. Amend RSA 198:39, I(k) to read as follows:

(k) All moneys due the state treasurer from the sweepstakes commission pursuant to RSA 284-A:12, II(a).

(l) Any other moneys appropriated from the general fund.

15 Repeal. The following are repealed:

I. RSA 198:39, I(i), relative to the education trust fund.

II. RSA 78-A:26, III, relative to the tax on motor vehicle rentals.

16 Severability. If any provision of this act or the application thereof to any person or circumstance is deemed invalid, the invalidity does not affect the other provisions or applications of the act which can be given effect without the invalid provisions or application.

17 Effective Date.

I. Sections 9 and 11-13 of this act shall take effect on July 1, 2001.

II. Sections 14 - 15 of this act shall take effect on July 1, 2000.

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

2000-4033s

AMENDED ANALYSIS

This bill:

I. Repeals the legacies and succession tax effective July 1, 2001.

II. Increases the exemptions from the interest and dividends tax effective July 1, 2001.

III. Lowers the state wide education property tax to $6.30 on April 1, 2001 and to $6.00 on April 1, 2002.

IV. Provides that tobacco settlement funds currently designated for the education trust fund be deposited in the general fund.

V. Provides that funds raised by the tax on motor vehicle rentals and currently designated for the education trust fund be deposited in the general fund.

VI. Authorizes video lottery machines at racetracks, grand hotels and resort hotels upon certain conditions and sets forth criteria for establishing and conducting video lottery machines.

VII. Establishes requirements and guidelines for the distribution of net machine income.

VIII. Establishes a gaming oversight authority and its authority and duties.

IX. Establishes a division of gaming enforcement within the department of safety.

X. Establishes gaming areas.

XI. Establishes fee amounts for license applicants.

XII. Authorizes the issuance of special liquor licenses to license locations within grand hotels and pari-mutuel locations that have liquor licenses.

XIII. Creates a special fund to be used by the office of travel and tourism for the promotion of travel and tourism in the state.

XIV. Establishes live dog racing and horse racing purse funds administered by the pari-mutuel commission.

Senator Gordon moved to have HB 542-FN-A, repealing the legacies and succession tax, laid on the table.

HB 1559-FN, establishing a committee to study the organization and functions of the New Hampshire state port authority. Energy and Economic Development Committee. Vote 3-0. Ought to Pass, Senator Johnson for the committee.

SB 401-FN-A-L, establishing the New Hampshire land and community heritage investment program and making an appropriation therefor. Finance Committee. Vote 9-0. Ought to pass with amendment, Senator Below for the committee.

2000-4018s

08/01

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

5 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plates; Fee. Amend RSA 261:97-a, I to read as follows:

I. The director is hereby authorized to issue special conservation number plates, in lieu of other number plates. The design of these special plates shall be determined as provided in RSA 261:97-d. The plates shall retain the "live free or die" logo. Such plates shall be issued only upon application and upon payment of a [$25] $30 fee that shall be in addition to the regular motor vehicle registration fee and any other number plate fees otherwise required.

6 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plates; Fee. Amend RSA 261:97-a, III to read as follows:

III. Plates shall be renewed on an annual basis for [$25] $30 per set. Of this sum, the department shall retain an amount as is necessary to recover production and administrative costs as approved by the fiscal committee of the general court. The remaining funds shall be paid to the state treasurer and distributed as provided in RSA 261:97-b. The cost of replacement number plates shall be identical to the cost of initial number plates and the revenue from replacement number plates shall be distributed in the same manner as revenue derived from initial number plates.

7 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plate Trust Fund; Distribution of Funds. Amend RSA 261:97-b, I to read as follows:

I. There is hereby established a conservation number plate trust fund under the administration of the state treasurer. The fund shall be used for the promotion, protection, and investment in the state's natural, cultural, and historic resources. The fund shall be nonlapsing. The state treasurer shall distribute the funds annually on July 1, except as provided in paragraph II-a, as follows: $5,000 of every $100,000 received, up to a total of $50,000, shall be distributed to the department of transportation for the expanded wild flower establishment program for use in planting native wild flowers; the remainder shall be distributed equally among the department of cultural resources, the department of fish and game, the department of resources and economic development, [and] the state conservation committee, and the New Hampshire land and community heritage investment authority.

II-a. The state treasurer shall distribute the share of funds due the New Hampshire land and community heritage investment authority, pursuant to RSA 261:97-b, I, on the first day of each month.

8 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plate Trust Fund; Use of Funds. Amend RSA 261:97-c, V-VI to read as follows:

V. The funds transferred to the New Hampshire land and community heritage investment authority shall be used for the administration of the New Hampshire land and community heritage investment program.

[V.] VI. The funds transferred to the department of transportation shall be used for the expanded wildflower establishment program to be used in maintenance districts.

[VI.] VII. Any funds transferred from the conservation number plate trust fund which remain unexpended at the end of the fiscal year shall be non-lapsing.

9 Appropriations; New Hampshire Land and Community Heritage Authority. The sums of $3,000,000 and $6,000,000 are hereby appropriated to the New Hampshire land and community heritage authority established in section 1 of this act for the purposes of this act for the fiscal years ending June 30, 2001 and June 30, 2002, respectively.

10 Bonds Authorized. To provide funds for the appropriations made in section 9 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $3,000,000 for fiscal year 2001 and $6,000,000 for fiscal year 2002 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest on the bonds and notes shall be made from the general fund of the state. Issuance of bonds for fiscal year 2001 shall be no earlier than April 1, 2001.

11 Appropriation; Administrative Costs. The sum of $75,000 is appropriated to the New Hampshire land and community heritage authority established in section 1 of this act, for the purpose of funding administrative costs of the authority for the biennium ending June 30, 2001. The source of funds for the $75,000 shall be as follows:

I. $45,000 from the forest management and protection fund, established in RSA 227-G:5.

II. $10,000 from fiscal year 2000 funds appropriated to the department of environmental services that would otherwise lapse.

III. $10,000 from PAU 01, 02, 01, 01, class 80, senate out-of-state travel funds for fiscal year 2000.

IV. $5,000 from PAU 02, 03, 01, class 20, department of agriculture, markets, and food funds for the fiscal year 2000.

V. $5,000 from PAU 02, 03, 05, 01, class 24, department of agriculture, markets, and food funds for fiscal year 2000.

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

2000-4018s

AMENDED ANALYSIS

This bill:

I. Establishes the New Hampshire land and community heritage investment program.

II. Establishes the New Hampshire land and community heritage investment authority, and establishes its powers, duties, and authority.

III. Establishes membership on the authority’s board of directors.

IV. Establishes criteria for acquisition of lands and other natural, cultural, and historical resources.

V. Increases the fee charged for the issuance of special conservation number plates from $25 to $30.

VI. Provides that a portion of funds received in the conservation numbers plate trust fund shall be distributed monthly to the New Hampshire land and community heritage investment authority for the purpose of administering the New Hampshire land and community heritage investment program.

VII. Provides a $75,000 appropriation for the purpose of administering the program for the biennium ending June 30, 2001, with such funds being transferred from the forest management and protection fund, the department of environmental services, the department of agriculture, markets, and food, and senate out-of-state travel funds.

VIII. Provides appropriations to the program for 2001 and 2002, including a $3,000,000 bond issue for 2001 and a $6,000,000 bond issue for 2002.

IX. Transfers responsibility for the administration of the land conservation investment program and monitoring endowment under RSA 162-C to the office of state planning.

Senator Below offered a floor amendment.

2000-4040s

08/10

Floor Amendment to SB 401-FN-A-LOCAL

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

5 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plates; Fee. Amend RSA 261:97-a, I to read as follows:

I. The director is hereby authorized to issue special conservation number plates, in lieu of other number plates. The design of these special plates shall be determined as provided in RSA 261:97-d. The plates shall retain the "live free or die" logo. Such plates shall be issued only upon application and upon payment of a [$25] $30 fee that shall be in addition to the regular motor vehicle registration fee and any other number plate fees otherwise required.

6 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plates; Fee. Amend RSA 261:97-a, III to read as follows:

III. Plates shall be renewed on an annual basis for [$25] $30 per set. Of this sum, the department shall retain an amount as is necessary to recover production and administrative costs as approved by the fiscal committee of the general court. The remaining funds shall be paid to the state treasurer and distributed as provided in RSA 261:97-b. The cost of replacement number plates shall be identical to the cost of initial number plates and the revenue from replacement number plates shall be distributed in the same manner as revenue derived from initial number plates.

7 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plate Trust Fund; Distribution of Funds. Amend RSA 261:97-b, I to read as follows:

I. There is hereby established a conservation number plate trust fund under the administration of the state treasurer. The fund shall be used for the promotion, protection, and investment in the state's natural, cultural, and historic resources. The fund shall be nonlapsing. The state treasurer shall distribute the funds annually on July 1, except as provided in paragraph II-a, as follows: $5,000 of every $100,000 received, up to a total of $50,000, shall be distributed to the department of transportation for the expanded wild flower establishment program for use in planting native wild flowers; the remainder shall be distributed equally among the department of cultural resources, the department of fish and game, the department of resources and economic development, [and] the state conservation committee, and the New Hampshire land and community heritage investment authority.

II-a. The state treasurer shall distribute the share of funds due the New Hampshire land and community heritage investment authority, pursuant to RSA 261:97-b, I, on the first day of each month.

8 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plate Trust Fund; Use of Funds. Amend RSA 261:97-c, V-VI to read as follows:

V. The funds transferred to the New Hampshire land and community heritage investment authority shall be used for the administration of the New Hampshire land and community heritage investment program.

[V.] VI. The funds transferred to the department of transportation shall be used for the expanded wildflower establishment program to be used in maintenance districts.

[VI.] VII. Any funds transferred from the conservation number plate trust fund which remain unexpended at the end of the fiscal year shall be non-lapsing.

9 Appropriations; New Hampshire Land and Community Heritage Authority. The sums of $3,000,000 and $6,000,000 are hereby appropriated to the New Hampshire land and community heritage authority established in section 1 of this act for the purposes of this act for the fiscal years ending June 30, 2001 and June 30, 2002, respectively.

10 Bonds Authorized. To provide funds for the appropriations made in section 9 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $3,000,000 for fiscal year 2001 and $6,000,000 for fiscal year 2002 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest on the bonds and notes shall be made from the general fund of the state. Issuance of bonds for fiscal year 2001 shall be no earlier than April 1, 2001.

11 Appropriation; Administrative Costs. The sum of $50,000 is appropriated to the New Hampshire land and community heritage authority established in section 1 of this act, for the purpose of funding administrative costs of the authority for the biennium ending June 30, 2001. The source of funds for the $50,000 shall be as follows:

I. $40,000 from the forest management and protection fund, established in RSA 227-G:5.

II. $5,000 from PAU 02, 03, 01, class 20, department of agriculture, markets, and food funds for the fiscal year 2000.

III. $5,000 from PAU 02, 03, 05, 01, class 24, department of agriculture, markets, and food funds for fiscal year 2000.

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

2000-4040s

AMENDED ANALYSIS

This bill:

I. Establishes the New Hampshire land and community heritage investment program.

II. Establishes the New Hampshire land and community heritage investment authority, and establishes its powers, duties, and authority.

III. Establishes membership on the authority’s board of directors.

IV. Establishes criteria for acquisition of lands and other natural, cultural, and historical resources.

V. Increases the fee charged for the issuance of special conservation number plates from $25 to $30.

VI. Provides that a portion of funds received in the conservation numbers plate trust fund shall be distributed monthly to the New Hampshire land and community heritage investment authority for the purpose of administering the New Hampshire land and community heritage investment program.

VII. Provides a $50,000 appropriation for the purpose of administering the program for the biennium ending June 30, 2001, with such funds being transferred from the forest management and protection fund and the department of agriculture, markets, and food.

VIII. Provides appropriations to the program for 2001 and 2002, including a $3,000,000 bond issue for 2001 and a $6,000,000 bond issue for 2002.

IX. Transfers responsibility for the administration of the land conservation investment program and monitoring endowment under RSA 162-C to the office of state planning.

HCR 31, urging the New Hampshire congressional delegation to take action to keep the international border crossing between the United States and Canada, in the town of Pittsburg, New Hampshire, open 24 hours a day. Energy and Economic Development Committee. Vote 3-0. Ought to Pass, Senator F. King for the committee.

HB 648-FN, relative to a sludge testing program. Environment Committee. Vote 5-0. Ought to pass with amendment, Senator Krueger for the committee.

2000-4012s

08/01

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

AN ACT providing that coated printing paper purchased by or for state agencies shall contain not less than 10 percent post consumer waste material.

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

1 Recycled Materials; Uncoated Printing Paper; Post Consumer Waste Material Requirement. Amend RSA 21-I:14-a, III to read as follows:

III.(a) [Printing and writing paper purchased by or for state agencies shall contain not less than 20 percent post consumer waste material.

(b) Not later than December 31, 1998,] Uncoated printing and writing paper purchased by or for state agencies shall contain not less than 30 percent post consumer waste material and coated printing paper shall contain not less than 10 percent post consumer waste material.

[(c)] (b)(1) "Post consumer waste material" means a substance or a finished product which has served its original or intended use and has been discarded for disposal or recovery, but does not include any substance or by-product generated by the original manufacturing process. "Post consumer waste material" for paper means de-inked paper and recovered textiles cleaned and bleached for use in the manufacturing of printing and writing papers.

(2) If compliance with this paragraph cannot be met by following current industry standards for any item or items, the director of plant and property management may exempt specific items of printing and writing papers from the requirements of this paragraph.

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

2000-4012s

AMENDED ANALYSIS

This bill provides that coated printing paper purchased by or for state agencies shall contain not less than 10 percent post consumer waste material.

Senator Russman offered a floor amendment.

2000-4035s

08/01

Floor Amendment to HB 648-FN

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

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

1 Recycled Materials; Uncoated Printing Paper; Post Consumer Waste Material Requirement. Amend RSA 21-I:14-a, III to read as follows:

III.(a) [Printing and writing paper purchased by or for state agencies shall contain not less than 20 percent post consumer waste material.

(b) Not later than December 31, 1998,] Uncoated printing and writing paper purchased by or for state agencies shall contain not less than 30 percent post consumer waste material and coated printing paper shall contain not less than 10 percent post consumer waste material.

[(c)] (b)(1) "Post consumer waste material" means a substance or a finished product which has served its original or intended use and has been discarded for disposal or recovery, but does not include any substance or by-product generated by the original manufacturing process. "Post consumer waste material" for paper means de-inked paper and recovered textiles cleaned and bleached for use in the manufacturing of printing and writing papers.

(2) If compliance with this paragraph cannot be met by following current industry standards for any item or items, the director of plant and property management may exempt specific items of printing and writing papers from the requirements of this paragraph.

2 Waste Disposal; Duties of Department; Sludge Testing Program. RSA 485-A:4, XVI-c is repealed and reenacted to read as follows:

XVI-c.(a) To design and implement a program for state or independent third party sampling and testing of sludge or biosolid materials that are intended for land application. The department shall design the sampling methodology, in consultation with university of New Hampshire statisticians and sludge and biosolid experts, to provide a statistical evaluation of the contaminant levels contained in sludge or biosolids. The department shall concentrate its testing on those contaminants that pose greater risks to public health and the environment due to their toxicity, potential availability, concentration levels, or concentration uncertainty. The department shall maintain a database of testing results and prepare, in consultation with university of New Hampshire statisticians and sludge and biosolid experts, and make available to the public and the general court, an annual report by November 1 of each year which analyses the compiled test results, including data from prior years, as appropriate. The analysis shall detail contaminant concentrations on both a statewide and generator level and shall indicate the statistical degree of certainty in the results of the analysis. The department shall attempt to present the report in terms that are understandable to the layperson including practical examples such as the probability that any given load of untested sludge exceeds a contaminant standard.

(b) The department shall establish a fee of $500, to be paid by sludge quality certificate holders by January 1 of each year. The fee shall be deposited in a special, nonlapsing sampling and analysis of sludge or biosolids samples fund, for exclusive use by the department to implement the program established in subparagraph (a).

3 New Paragraph; Duties of Department; On-Site Inspections. Amend RSA 485-A:4 by inserting after paragraph XVI-c the following new paragraph:

XVI-d. To conduct on-site inspections of sludge or biosolid application sites to monitor adherence to all state and federal requirements for such activity.

4 Testing Method Evaluation. In preparation for and as part of the annual report required by November 1, 2000 under RSA 485-A:4, XVI-c(a), the department, in consultation with university of New Hampshire statisticians and sludge and biosolid experts, sludge quality certificate holders, and other interested parties, shall evaluate whether the overall financial resources dedicated to sludge testing in the state are being optimally allocated between regulatory testing and statistical testing. As part of the evaluation, the department shall consider what short and long-term financial, environmental, or assurance benefits there may be to the department, the public, and sludge or biosolid generators in having sampling conducted by a party other than the generator.

5 Transfer of Appropriation. Up to $85,000 each fiscal year that was appropriated for state aid grants by 1999, 159:1, PAU 03-04-02-01-02 shall be transferred to the non-lapsing sampling and analysis of sludge or biosolids samples fund established by RSA 485-A:4, XVI-c, provided all approved state aid grant payments have been made to eligible municipalities in each fiscal year.

6 Effective Date.

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

II. The remainder of this act shall take effect June 30, 2000.

2000-4035s

AMENDED ANALYSIS

This bill:

I. Allows sampling and testing of sludge and biosolid materials to be conducted by independent third parties as well as the state. The sampling methodology designed by the department shall be with the consultation of university of New Hampshire statisticians and sludge and biosolids experts. The department shall make available to the public and general court a report by November 1 each year which analyzes the compiled test results.

II. Provides that as part of the annual report required by November 1, 2000, the department shall evaluate whether the overall financial resources dedicated to sludge testing in the state are being optimally allocated between regulatory and statistical testing.

III. Appropriates certain funds to the sampling and analysis of sludge or biosolids samples fund.

IV. Provides that coated printing paper purchased by or for state agencies shall contain not less than 10 percent post consumer waste material.

HB 1235, relative to defining suface waters. Environment Committee. Vote 5-0. Ought to Pass, Senator Krueger for the committee.

HB 1258-FN, relative to invasive plant, insect, and fungal species. Environment Committee. Vote 5-0. Ought to Pass, Senator Russman for the committee.

HB 1416-FN, establishing a brownfields cleanup revolving loan fund. Environment Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

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

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

Senator Below offered a floor amendment.

Sen. Below, Dist. 5

Sen. Krueger, Dist. 16

Sen. Trombly, Dist. 7

March 23, 2000

2000-3936s

08/01

Floor Amendment to SB 132

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

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

1 Study by the Commissioner of Resources and Economic Development and Commissioner of Safety. The commissioner of resources and economic development and commissioner of safety shall undertake a review of the technical requirements for public safety and quasi-public communications on the summit of Mount Kearsarge and alternatives to the existing 180-foot tower, including facilities on a location other than the current parcel of land where the tower is located, in consultation with the advisory committee established in section 2 of this act. The purpose of the review is to assess whether communications needs for public health, safety, and emergency services can be provided with a less obtrusive and smaller tower than the existing 180-foot tower and what the technical requirements might be for other alternatives. The commissioner of resources and economic development and commissioner of safety shall report on any findings and recommendations for legislative action, including funding needs for additional study, to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before December 1, 2000.

2 Mount Kearsarge Telecommunications Tower Advisory Committee. There is established an advisory committee to advise and consult with the department of resources and economic development and department of safety as to a technical review of requirements for public safety and quasi-public safety communications on the summit of Mount Kearsarge, including possible alternatives to the existing 180-foot tower.

3 Members and Compensation.

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

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

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

(c) One representative each from Warner, Sutton, Wilmot, Andover, and New London, appointed by the selectmen from each respective town.

(d) One representative of Merrimack county, appointed by the county commissioners.

(e) One representative of the New Hampshire State Troopers Association, appointed by the Association.

(f) One representative of the department of fish and game, appointed by the executive director of fish and game.

(g) One representative of Save Our Mountain, appointed by the organization.

(h) One representative of the Society for the Protection of New Hampshire Forests, appointed by the organization.

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

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

5 Report. The committee shall report any recommendations for future action by the legislature or the executive branch to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, the commissioner of resources and economic development, the commissioner of safety, and the state library on or before December 1, 2000.

6 Moratorium on New or Extended Leases. The department of resources and economic development shall not approve or enter into any new leases, use permits, or extensions of lease or permit terms for commercial telecommunications facilities on the summit of Mount Kearsarge before July 1, 2001.

7 Effective Date. This act shall take effect 30 days after its passage.

2000-3936s

AMENDED ANALYSIS

This bill requires the commissioner of resources and economic development and commissioner of safety to undertake a review of the technical requirements for public safety and quasi-public communications on the summit of Mount Kearsarge and alternatives to the existing 180-foot tower. This bill establishes an advisory committee to advise and consult with the department of resources and economic development and department of safety as to requirements for public safety and quasi-public safety communications on the summit of Mount Kearsarge. This bill also places a moratorium on new leases, use permits, or extensions of lease or permit terms for commercial telecommunication facilities on the summit of Mount Kearsarge entered into or extended by the department of resources and economic development until July 1, 2001.

HB 51, providing for the voluntary registration of commercial maple producers and maple packers. Executive Departments and Administration Committee. Vote 5-1. Ought to Pass, Senator Larsen for the committee.

HB 1172, providing staggered terms for agricultural advisory board members. Executive Departments and Administration Committee. Vote 3-0. Ought to Pass, Senator Cohen for the committee.

HB 1234, relative to special commissions to perform marriages in New Hampshire. Executive Departments and Administration Committee. Vote 3-1. Ought to Pass, Senator Cohen for the committee.

HB 1321, relative to certain funds collected by order of the public utilities commission. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Francoeur for the committee.

HB 1583, increasing the education requirement for estheticians and manicurists and relative to the board of barbering, cosmetology, and esthetics. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator Francoeur for the committee.

2000-4019s

08/04

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

2 Applicability. Members of the board of barbering, cosmetology, and esthetics serving on the board on the effective date of this act shall serve out the full duration of their terms of appointment unless removed by the governor and council as provided by RSA 313-A:3. Terms served by such members serving on the board on the effective date of this act shall be counted toward the limit of 2 consecutive terms provided by RSA 313-A:2, I.

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

SB 359, establishing a committee to study the issues relative to manufactured housing parks in New Hampshire. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Francoeur for the committee.

SB 457, relative to ownership of certified public accounting firms. Executive Departments and Administration Committee. Vote 3-1. Ought to Pass, Senator Roberge for the committee.

Senator McCarley moved to have SB 457, relative to ownership of certified public accounting firms laid on the table.

SB 457, relative to ownership of certified public accounting firms

SB 458, increasing the salary of the executive secretary of the retirement system and changing the title to executive director. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Brown for the committee.

HB 279-FN-A, relative to refinancing the cost and rehabilitation of the Cheshire Bridge. Finance Committee. Vote 7-0. Ought to Pass, Senator Larsen for the committee.

HB 305-A, relative to a lease-purchase agreement between Cheshire county and the state for construction of a new district courthouse to be located in the town of Jaffrey. Finance Committee. Vote 9-0. Ought to Pass, Senator F. King for the committee.

SB 380-FN-A, relative to the availability of matching funds for improvements to South Fruit Street at Industrial Drive in the city of Concord. Finance Committee. Vote 8-0. Ought to Pass, Senator Larsen for the committee.

Senator Brown moved to have SB 380-FN-A, relative to the availability of matching funds for improvements to South Fruit Street at Industrial Drive in the city of Concord, laid on the table.

SB 380-FN-A, relative to the availability of matching funds for improvements to South Fruit Street at Industrial Drive in the city of Concord.

SB 413-FN, relative to confidentiality of addresses for victims of domestic violence, stalking or sexual assault. Finance Committee. Vote 8-0. Ought to Pass, Senator Larsen for the committee.

SB 436-FN, relative to permanent revocation of drivers' licenses for causing a fatality or serious bodily injury while driving intoxicated. Finance Committee. Vote 8-0. Ought to Pass, Senator Fraser for the committee.

HB 1282, establishing a committee to study the possibility of self-insuring state employees. Insurance Committee. Vote 4-0. Ought to Pass, Senator McCarley for the committee.

HB 1311, relative to payment of employer contributions for unemployment compensation. Insurance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

HB 1326, relative to managed care programs under workers' compensation. Insurance Committee. Vote 4-0. Ought to Pass, Senator Francoeur for the committee.

HB 1512-FN, establishing a committee to study the feasibility of implementing a paid family and medical leave insurance program and potential funding sources to support it. Insurance Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

HB 1212, relative to extending the reporting date of the open adoption study committee. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Brown for the committee.

2000-3995s

04/10

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

AN ACT relative to extending the reporting date of the open adoption study committee and relative to persons eligible to adopt.

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

2 New Paragraph; Adoption; Who May Adopt; Eligible Persons Amended. Amend RSA 170-B:4 by inserting after paragraph V the following new paragraph:

VI. Two unmarried adults together.

2000-3995s

AMENDED ANALYSIS

This bill extends the reporting date of the open adoption study committee established in 1999, 40 from November 1, 1999 to November 1, 2000 and provides that two unmarried adults shall be eligible to adopt together.

CACR 5, relating to voting and elective rights of incarcerated felons. Providing that any person who has been convicted of a felony may be denied the right to vote for any or all of the time between conviction and final discharge of sentence, as provided by law. Public Affairs Committee. Vote 5-0. Inexpedient to Legislate, Senator Trombly for the committee.

HB 521-L, allowing municipalities that have adopted the municipal budget act to override the 10 percent limitation on exceeding appropriations recommended by the budget committee. Public Affairs Committee. Vote 4-2. Ought to pass with amendment, Senator McCarley for the committee.

2000-3996s

08/09

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

AN ACT providing a procedure to allow municipalities that have adopted the municipal budget act to override the 10 percent limitation imposed on appropriations not recommended by the budget committee.

Amend RSA 32:18-a as inserted by section 1 of the bill by replacing it with the following:

32:18-a Legislative Body Override of Limitation of Appropriations.

I. Notwithstanding any other provision of law, in any municipality electing this subdivision, or any district wholly within a town electing this subdivision, if a bond request is not recommended in its entirety by the budget committee, the governing body of such municipality, after a majority vote by the governing body of the municipality in favor of the bond request at a duly posted meeting, shall place the bond request on the warrant.

II. The legislative body of any municipality described in RSA 32:18-a, I, may approve a bond request despite the 10 percent limitation provided in RSA 32:18 in the following manner:

(a) The governing body shall place the following statement at the beginning of the warrant article for such bond request: "Passage of this article shall override the 10 percent limitation imposed on this appropriation due to the non-recommendation of the budget committee." Immediately below the bond request on the warrant shall be displayed (1) the recommendation of the governing body and (2) the recommendation of the budget committee, as included in the budget forms for the annual meeting pursuant to RSA 32:5, IV.

(b) If those voting "Yes" on the bond request satisfy the requirements of RSA 33:8, the bond request is thereby approved.

III. If the bond request is approved pursuant to RSA 32:18-a, the governing body of such municipality shall forward a copy of the minutes of the duly posted meeting described in RSA 32:18-a, I to the commissioner of the department of revenue administration.

2000-3996s

AMENDED ANALYSIS

This bill allows the governing body of a municipality operating under the municipal budget act to put a bond request not recommended by the budget committee on the warrant of a town meeting and provides a procedure to override the 10 percent limitation imposed on appropriations not recommended by the budget committee.

HB 1110, establishing a committee to study landlord-tenant issues. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

HB 1124-L, relative to local building codes. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Krueger for the committee.

2000-3997s

08/10

Amend RSA 674:52, IV-a as inserted by section 1 of the bill by replacing it with the following:

IV-a.(a) The provisions of this section shall not be construed to permit the adoption by reference of any provision of any nationally recognized code, rules, or regulations that restrict or encumber the local governing body’s authority relative to the appointment, removal, or duties of municipal employees and the organization of municipal departments.

(b) In the case of a local building code enacted prior to the effective date of this paragraph, subparagraph (a) shall not apply to the extent that it would cause such local building code to fail to comply with the minimum requirements of RSA 674:51 or if it is proven by clear and convincing evidence that adoption by reference of any such provision was the deliberate act of the municipality. In either circumstance, however, any provision of any national code adopted by reference that conflicts with existing or amended local ordinances, regulations, policies, practices, or procedures regarding the appointment, removal, or duties of municipal employees and the organization of municipal departments, shall not apply.

2000-3997s

AMENDED ANALYSIS

This bill provides that the adoption by reference of any provision of a nationally recognized building or fire code shall not be construed to restrict a municipality’s authority relative to the appointment, removal, or duties of municipal employees and the organization of municipal departments, provided, however, that this shall not apply to the extent that it would cause, in the case of a local building code enacted prior to the effective date of this bill, a local building code to fail to comply with certain minimum requirements or if it is proven that adoption by reference of a national building code provision was the deliberate act of the municipality.

HB 1166, relative to confidentiality and information collection by the department of agriculture, markets, and food. Public Affairs Committee. Vote 6-0. Inexpedient to Legislate, Senator Eaton for the committee.

HB 1199, establishing a study committee on funding for affordable housing. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Disnard for the committee.

HB 1531, relative to the preemption of local regulations of firearms. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Krueger for the committee.

2000-4004s

05/10

Amend the bill by replacing section 1 with the following:

1 New Section; Preemption of Local Firearms Regulations. Amend RSA 159 by inserting after section 6-f the following new section:

159:6-g Preemption of Local Firearms Regulations. No political subdivision shall impose special taxation on, enact any law, ordinance, or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, carrying, or possession of handguns or other firearms, or components of handguns or other firearms, except as otherwise provided in state or federal law. This section shall not be deemed to affect RSA 159-B, nor the control of municipalities over the use of municipally owned property, nor the administration of other sections of this chapter.

HB 1256, clarifying certain health care laws. Public Institutions, Health and Human Service Committee. Vote 3-0. Ought to Pass, Senator Wheeler for the committee.

HB 1337, repealing the New Hampshire foundation for mental health. Public Institutions, Health and Human Service Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

HB 1502, relative to lead paint abatement. Public Institutions, Health and Human Service Committee. Vote 3-0. Ought to Pass, Senator McCarley for the committee.

Senator Wheeler moved to have SB 406, clarifying water pollution control restrictions, taken off the table.

SB 406, clarifying water pollution control restrictions.

Senator Wheeler offered a floor amendment.

2000-4044s

03/01

Floor Amendment to SB 406-FN-LOCAL

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

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

1 New Section; Water Management and Protection; New Hampshire Safe Drinking Water Act; Water Pollution Control; Use of Reformulated Gasoline on Certain Water Bodies Prohibited. Amend RSA 485 by inserting after section 17 the following new section:

485:17-a Use of Reformulated Gasoline Prohibited.

I. As of January 1, 2002, in Coos, Carroll, Grafton, Sullivan, Belknap, and Cheshire counties, 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. As of January 1, 2002, in Strafford, Rockingham, Hillsborough, and Merrimack counties, 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 if the waiver requested pursuant to 1999, 313:1; V(d) has been granted.

III. 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 Contingent Repeal. RSA 485:17-a, III, relative to prohibiting the use of reformulated gasoline in certain counties, is repealed.

3 Applicability of Contingent Repeal. The repeal of RSA 485:17-a, III pursuant to section 2 of this act shall take effect on the date that the waiver requested pursuant to section 1 of this act from the administrator of the Environmental Protection Agency is denied; provided, however, that such repeal shall not take effect after January 1, 2002. The commissioner of environmental services shall certify to the secretary of state that the waiver from the Environmental Protection Agency has been denied.

4 Effective Date.

I. Section 2 of this act shall take effect as provided in section 3 of this act.

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

2000-4044s

AMENDED ANALYSIS

This bill prohibits, as of January 1, 2002, the use of 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.

Senator Larsen moved to vacate HB 1210-L, relative to capital reserve funds from the Capital Budget Committee to the Public Affairs Committee.

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

SB 170-FN-A, establishing a Parents as Teachers Program in Sullivan county and making an appropriation therefor.

SB 170-FN-A, establishing a Parents as Teachers Program in Sullivan county and making an appropriation therefor.

Senator McCarley moved to concur.

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

SB 76-L, allowing certain municipalities to offer tax exemptions to foster commercial and industrial construction.

SB 76-L, allowing certain municipalities to offer tax exemptions to foster commercial and industrial construction.

Senator Below moved to concur.

2000-4028-EBA

08/01

Enrolled Bill Amendment to HB 699-FN-A

The Committee on Enrolled Bills to which was referred HB 699-FN-A

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

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction in section 2 of the bill.

Amend RSA 188-D:42 as inserted by section 2 of the bill by replacing lines 1-7 with the following:

188-D:42 Investment of State Matching Funds. A participating institution shall invest all funds in the endowment fund provided that:

I. All earnings including interest, dividends, equity appreciation, and any other form of increased value shall be reinvested in the endowment fund or distributed to granite state scholars.

II. The historic dollar value of the endowment fund as defined in RSA 292-B:1-a, V shall not be invaded, transferred, or used for any purpose other than the program.

III. The funds are invested consistent with the provisions of RSA 292-B.

Senator Trombly moved adoption.

2000-3999-EBA

08/10

Enrolled Bill Amendment to HB 1175

The Committee on Enrolled Bills to which was referred HB 1175

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

FOR THE COMMITTEE

This enrolled bill amendment eliminates a repeal that is a duplicate of a repeal enacted in 2000, 5:29 (HB 448), and changes the effective date to avoid a conflict with 2000, 5:14 (HB 448).

Enrolled Bill Amendment to HB 1175

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

3 Effective Date. This act shall take effect July 1, 2000 at 12:01 a.m.

Senator Trombly moved adoption.

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bills sent down from the Senate:

SB 331, requiring a report from the public utilities commission and the department of environmental services evaluating whether existing regulatory structures encourage or discourage regional cooperation for water resources management and water conservation.

SB 333, relative to signs for churches.

SB 336, relative to the issuance of fire permits.

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

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

HB 449, requiring boating safety education.

HB 569, relative to the tax credit for service-connected total disability.

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

HB 1594, relative to the allocation of moneys in the tobacco use prevention fund.

SB 331, requiring a report from the public utilities commission and the department of environmental services evaluating whether existing regulatory structures encourage or discourage regional cooperation for water resources management and water conservation.

Senator D’Allesandro moved adoption.

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

HB 568, establishing a program for performance evaluations of judges.

HB 617, relative to funding and monitoring seacoast harbor issues.

HB 630, relative to the Skyhaven airport transfer plan.

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

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

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

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

SB 333, relative to signs for churches.

SB 336, relative to the issuance of fire permits.

SB 357, extending the reporting date of the study committee reviewing field activities conducted by the department of health and human services in investigating reports of abuse and neglect.

Senator D’Allesandro moved adoption.

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

Senator Cohen moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings, enrolled bills and amendments and that when we adjourn we adjourn to Thursday, April 13, 2000 at 10:00 a.m.

HB 51, providing for the voluntary registration of commercial maple producers and maple packers.

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

HB 279-FN-A, relative to refinancing the cost and rehabilitation of the Cheshire Bridge.

HB 305-A, relative to a lease-purchase agreement between Cheshire county and the state for construction of a new district courthouse to be located in the town of Jaffrey.

SB 359, establishing a committee to study the issues relative to manufactured housing parks in New Hampshire.

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

SB 406, clarifying water pollution control restrictions.

SB 413-FN, relative to confidentiality of addresses for victims of domestic violence, stalking or sexual assault.

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

HB 521-L, allowing municipalities that have adopted the municipal budget act to override the 10 percent limitation on exceeding appropriations recommended by the budget committee.

HB 542-FN-A, repealing the legacies and succession tax.

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

HB 1124-L, relative to local building codes.

HB 1172, providing staggered terms for agricultural advisory board members.

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

HB 1212, relative to extending the reporting date of the open adoption study committee.

HB 1234, relative to special commissions to perform marriages in New Hampshire.

HB 1235, relative to defining suface waters.

HB 1256, clarifying certain health care laws.

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

HB 1282, establishing a committee to study the possibility of self-insuring state employees.

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

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 1337, repealing the New Hampshire foundation for mental health.

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

HB 1502, relative to lead paint abatement.

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

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

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