House Journal No. 28 - March 21, 2007

HOUSE RECORD

First Year of the 160^th General Court

Calendar and Journal of the 2007 Session

Vol. 29 Concord, N.H. Wednesday, March 21, 2007 No. 28

HOUSE JOURNAL No. 8 (cont.)

Wednesday, March 7, 2007

Rep. Wallner moved that the House adjourn.

Adopted.

HOUSE JOURNAL No. 9

Wednesday, March 21, 2007

The House assembled at 10:00 a.m., the hour to which it stood adjourned, and was called to order by the Speaker.

MOMENT OF SILENCE

A moment of silence was observed in memory of New Hampshire State Representative James Oliver.

Prayer was offered by House Chaplain, Reverend Jared A. Rardin, Pastor of the South Congregational Church in Concord.

We come to You today with many prayers, O God, spoken and unspoken. Prayers for the future. Prayers for family members and friends. Prayers for strangers. Prayers for ourselves. Prayers for this body and the work before us today. Prayers for this state and for this country. And of these, O God, we add our special prayer for the family of Representative James Oliver, who was serving this House of Representatives for his third term when he died earlier this week. Comfort his family in their time of loss, and let his memory live on in this place. And we pray, too, for all whose lives are directly affected by war. We unite ourselves in prayer for the men and women of the armed services and their families, and for the innocent victims all wars and insurgencies claim. Bless them all, and guide us, we ask, in the quest for peace and stability. All this we ask in Your Holy name. Amen.

Rep. Bette Lasky, member from Nashua, led the Pledge of Allegiance.

The National Anthem was sung by Emilea Raymond of Amherst, a home schooled student of the Welcome Inn School of New Hampshire.

LEAVES OF ABSENCE

Reps. Peter Cote, Jeudy, Laliberte, Lister, Pilliod, Serlin and Francis Sullivan, the day, illness.

Reps. C. Pennington Brown, Dokmo, Robert Elliott, Hess, Introne, Kidder, Scott Merrick, O’Connell, O’Keefe, Owen, Stohl and Wood, the day, important business.

Rep. James Garrity, the day, death in the family.

INTRODUCTION OF GUESTS

Jeff and Karen Raymond, Grantham, Joel and Quincy Raymond, Carmen Sterling and Judy Sterling, family of the singer, guests of the House. Students from the Portsmouth Alternative Secondary School and Mary Moore, guests of the Portsmouth delegation. James Knowles, son of Rep. William Knowles. Rick Zeller, son-in-law of Rep. Lockwood. Steve Courchene and Buck Mercier, guests of Rep. Forest.

Tristan, Jaiden, Bryeton and Lisa Evarts, Sarah and Luan Heimlich and Paige Balcom guests of Rep. Waterhouse.

INTRODUCTION OF SPECIAL GUESTS

Recent winners of the 2006-2007 Class L Championship, the Winnacunnet High School Girls Basketball Team, accompanied by its coaching staff.

MOTION TO SUSPEND RULES

Rep. Wallner moved that the Rules be so far suspended to allow referral to a second committee, after the deadline, of the following House Bills, if they are passed by the House today:

HB 283, allocating a portion of unrefunded road tolls to the dam maintenance fund.

HB 440, relative to the authority to quarantine to prevent dissemination of forest pests, relative to police training for forest rangers, and relative to forest resources and timber harvesting.

HB 471, relative to workers’ compensation compliance in the construction sector and continually appropriating a special fund.

Reps. Whalley and Vaillancourt spoke against.

Rep. Kurk spoke against and yielded to questions.

Reps. Wallner and Marjorie Smith spoke in favor

Rep. Itse requested a roll call; sufficiently seconded.

YEAS 207 NAYS 141

YEAS 207

BELKNAP
Arsenault, Beth	Morrison, Gail	Reever, Judith

CARROLL
Bridgham, Robert	Buco, Thomas	Butler, Edward	Cunningham, Howard
Heard, Virginia

CHESHIRE
Allen, Peter	Burridge, Delmar	Butcher, Suzanne	Butterworth, Timothy
Butynski, William	Chase, William	Dunn, J. Timothy	Eaton, Daniel
Espiefs, Peter	Lerandeau, Alfred	Mitchell, Bonnie	Parkhurst, Henry
Richardson, Barbara	Robertson, Timothy	Sad, Tara	Weber, Lucy
Weed, Charles

COOS
Ingersoll, Paul Sr	Mears, Edgar	Merrick, Evalyn	Theberge, Robert
Thomas, Yvonne

GRAFTON
Aguiar, James	Almy, Susan	Andersen, Gene	Benn, Bernard
Bleyler, Ruth	Cooney, Mary	Estes, Carole	Friedrich, Carol
Hammond, Lee	Harding, A Laurie	Lovett, Sid	Matheson, Robert
McLeod, Martha	Mulholland, Catherine	Nordgren, Sharon	Pierce, David
Preston, Philip	Solomon, Peter

HILLSBOROUGH
Baroody, Benjamin	Beck, Catriona	Brunelle, Michael	Campbell, David
Chase, Claudia	Clemons, Jane	Cote, David	Daler, Jennifer
Edwards, Andrew	Essex, David	Farley, Michael	Fontas, Jeffrey
Forest, Armand	Foster, Linda	Garrity, Patrick	Ginsburg, Ruth
Goley, Jeffrey	Gorman, Mary	Hackel, Paul	Haley, Robert
Hall, Betty	Hammond, Jill	Harvey, Suzanne	Hebert, Roger
Irwin, Anne-Marie	Jean, Claudette	Kaelin, Michael	Katsiantonis, George
Kelley, John	Knowles, John	Knowles, Mary Ann	Kopka, Angeline
Lasky, Bette	Leishman, Peter	Levasseur, Nickolas	Levesque, Melanie
Lisle, Carolyn	Long, Patrick	Mack, Ron	Marshall, Seth
Martineau, Jesse	Mesa, Lily	Movsesian, Lori	O'Brien, Michael Sr
O'Neil, James	Pilotte, Maurice	Reuschel, Michael	Rochette, Eric
Rosenwald, Cindy	Schulze, Joan	Shaw, Barbara	Shaw, Kimberly
Smith, David	Smith, Sandra	Spratt, Stephen	Sullivan, Daniel
Sysyn, Mary	Velez, Hector	Winters, Joel

MERRIMACK
Baxley, Maureen	Beauchesne, Suzanne	Blanchard, Elizabeth	Bouchard, Candace
Brown, Carole	Brueggemann, Donald	Clarke, Claire	Davis, Frank
DeJoie, John	DeStefano, Stephen	Ehlers, Eileen	Foose, Robert
Gile, Mary	Greco, Vincent	Hager, Elizabeth	Hamm, Christine
Kelly, Sally	McMahon, Patricia	Osborne, Jessie	Porter, Margaret
Potter, Frances	Reardon, Tara	Richardson, Gary	Ryan, Jim
Shurtleff, Stephen	Tilton, Joy	Tupper, Frank	Wallner, Mary
Walz, Mary	Webb, Leigh	Wheeler, Deborah	Williams, Robert
Yeaton, Charles

ROCKINGHAM
Abbott, Dennis	Borden, David	Cali-Pitts, Jacqueline	Casey, Kimberley
Day, Judith	Flockhart, Eileen	Grote, Otto	Henson, John
Howard, Doreen	Johnson, Robert	Kelley, Jane	Kepner, Susan
Marsh, Michael	McCarthy, Linda	McEachern, Paul	McGuirk, Thomas
McKenna, Daniel	Moody, Marcia	Moore, Bennett	Nord, Susi
Pantelakos, Laura	Russell, Trinka	Snow, Richard	Splaine, James

STRAFFORD
Berube, Roger	Billian, Deborah	Brennan, William	Brown, George
Brown, Larry	Browne, Brendon	Burke, Rachel	Cyr, James
DeChane, Marlene	Domingo, Baldwin	Goodwin, Earle	Grassie, Anne
Hofemann, Roland	Hubbard, Pamela	Hutz, Sarah	Kaen, Naida
Knowles, William	Mickelonis, Shawn	Miller, Joseph	Perry, Robert
Rollo, Deanna	Rollo, Michael	Rous, Emma	Schmidt, Peter
Smith, Marjorie	Spang, Judith	Sprague, Dale	Srnec, Robert
Wall, Janet	Warren, Nancy	Watson, Robert

SULLIVAN
Cloutier, John	Converse, Larry	Donovan, Thomas	Ferland, Brenda
Franklin, Peter	Gagnon, Raymond	Gottling, Suzanne	Houde, Matthew
Jillette, Arthur Jr	Nielsen, Ellen	Phinizy, James	Skinder, Carla

NAYS 141

BELKNAP
Allen, Janet	Boyce, Laurie	Clark, Charles	Flanders, Donald
Heald, Bruce	Millham, Alida	Nedeau, Stephen	Russell, David
Thomas, John	Tilton, Franklin	Tobin, William	Wendelboe, Fran
Whalley, Michael

CARROLL
Ahlgren, Christopher	Brown, Carolyn	Chandler, Gene	Denley, William
Knox, J. David	Martin, James	Merrow, Harry	Patten, Betsey
Stevens, Stanley

CHESHIRE
Emerson, Susan	Hunt, John	Johnson, Jane	Pelkey, Stephen

COOS
King, Frederick	Remick, William	Tholl, John Jr

GRAFTON
Bulis, Lyle	Dingman, Vernon III	Eaton, Stephanie	Gionet, Edmond
Ingbretson, Paul	Sorg, Gregory	Williams, Burton

HILLSBOROUGH
Barry, Richard	Batula, Peter	Bergeron, Jean-Guy	Bergin, Peter
Christensen, Chris	Christiansen, Lars	Clark, Mark	Coughlin, Pamela
Crane, Elenore Casey	Daniels, Gary	Day, Russell	Drisko, Richard
Elliott, Nancy	Emerton, Larry	Fletcher, Richard	Gargasz, Carolyn
Graham, John	Haefner, Robert	Hawkins, Ken	Hinkle, Peyton
Hogan, Edith	Holden, Randolph	Hunter, Bruce	Infantine, William
Jasper, Shawn	Kurk, Neal	L'Heureux, Robert	Lawrence, James
Lessard, Rudy	Manney, Pamela	McRae, Karen	Messier, Irene
Mooney, Maureen	Moran, Edward	Ober, Lynne	Ober, Russell III
Peterson, Andy	Price, Pamela	Reeves, Sandra	Renzullo, Andrew
Rowe, Robert	Soucy, Connie	Spaulding, Jayne	Stepanek, Stephen
Tahir, Saghir	Ulery, Jordan	Vaillancourt, Steve	Villeneuve, Maurice

MERRIMACK
Anderson, Eric	Humphries, Charlie	Lockwood, Priscilla	MacKay, James

ROCKINGHAM
Allen, Mary	Baldasaro, Alfred	Bedrick, Jason	Belanger, Ronald
Bettencourt, David	Bishop, Franklin	Buxton, Donald	Camm, Kevin
Carson, Sharon	Case, Frank	Charron, Gene	Dalrymple, David
Devine, James	Dumaine, Dudley	Emiro, Frank	Fesh, Bob
Flanders, John Sr	Garcia, Marilinda	Gould, Kenneth	Griffin, Mary
Guthrie, Joseph	Headd, James	Hopfgarten, Paul	Hutchinson, Karen
Ingram, Russell	Itse, Daniel	Kappler, Lawrence	Katsakiores, George
Katsakiores, Phyllis	Lund, Howie	Major, Norman	McKinney, Betsy
McMahon, Charles	Moore, Benjamin	Nowe, Ronald	Packard, Sherman
Priestley, Anne	Quandt, Marshall	Quandt, Matthew	Rausch, James
Reagan, John	Robertson, Carl	Sanders, Elisabeth	Waterhouse, Kevin
Weare, Everett	Welch, David	Wells, Roger	Weyler, Kenneth
Wickson, Rick	Winchell, George

STRAFFORD
Brown, Julie	Fargo, Thomas

SULLIVAN
Rodeschin, Beverly

and the motion failed lacking the necessary two-thirds.

MOTION TO SUSPEND RULES

Rep. Whalley moved that the Rules be so far suspended to allow referral to a second committee, after the deadline, of the following House Bills, if they are passed by the House today:

HB 283, allocating a portion of unrefunded road tolls to the dam maintenance fund.

HB 440, relative to the authority to quarantine to prevent dissemination of forest pests, relative to police training for forest rangers, and relative to forest resources and timber harvesting.

HB 471, relative to workers’ compensation compliance in the construction sector and continually appropriating a special fund.

HB 346, establishing a defined contribution retirement option in the New Hampshire retirement system.

HB 562, excluding extra or special duty pay from earnable compensation in the retirement system.

HB 594, granting group II retirement system status to certain positions in the department of corrections.

HB 876, relative to eliminating the special account, changing the definition of earnable compensation, and revising the calculation of employee and employer contribution rates and cost-of-living adjustments in the retirement system, and assigning all new employees to group I.

HB 567, relative to lowering the legal drinking age.

HB 577, establishing the number of associate justices of the superior court.

HB 762, prohibiting smoking in restaurants, cocktail lounges, and certain enclosed places.

HB 666, establishing a license fee for the sale of animal vaccines.

HB 828, relative to a state ethics officer.

HB 514, relative to the applicable minimum wage for hourly employees.

HB 366, relative to work on Thanksgiving and Christmas Day.

HB 223, requiring the general court to hold sessions in the evening or on Saturday.

HB 665, relative to the comprehensive shoreland protection act.

HB 857, relative to permitting responsibilities under the comprehensive shoreland protection act.

HB 873, establishing minimum renewable standards for energy portfolios.

HB 880, requiring the department of resources and economic development to implement a feasibility study for the production of alternative forms of energy using natural resources of the state of New Hampshire and making an appropriation therefor.

HB 602, relative to child support enforcement.

HB 578, providing a definition of an adequate education and establishing an adequacy board.

HB 865, relative to an adequate education and state education grants.

HB 753, relative to the electronic toll collection transponder inventory fund.

Rep. Whalley spoke in favor.

Rep. Marjorie Smith spoke against.

Rep. Whalley withdrew the motion.

MOTION TO SUSPEND RULES

Rep. Wallner moved that the Rules be so far suspended to allow referral to a second committee, after the deadline, of the following House Bills, if they are passed by the House today and any bill including the following list still in committee which will need referral to a second committee:

HB 283, allocating a portion of unrefunded road tolls to the dam maintenance fund.

HB 440, relative to the authority to quarantine to prevent dissemination of forest pests, relative to police training for forest rangers, and relative to forest resources and timber harvesting.

HB 471, relative to workers’ compensation compliance in the construction sector and continually appropriating a special fund.

HB 346, establishing a defined contribution retirement option in the New Hampshire retirement system.

HB 562, excluding extra or special duty pay from earnable compensation in the retirement system.

HB 594, granting group II retirement system status to certain positions in the department of corrections.

HB 567, relative to lowering the legal drinking age.

HB 577, establishing the number of associate justices of the superior court.

HB 762, prohibiting smoking in restaurants, cocktail lounges, and certain enclosed places.

HB 666, establishing a license fee for the sale of animal vaccines.

HB 828, relative to a state ethics officer.

HB 514, relative to the applicable minimum wage for hourly employees.

HB 366, relative to work on Thanksgiving and Christmas Day.

HB 223, requiring the general court to hold sessions in the evening or on Saturday.

HB 665, relative to the comprehensive shoreland protection act.

HB 857, relative to permitting responsibilities under the comprehensive shoreland protection act.

HB 873, establishing minimum renewable standards for energy portfolios.

HB 602, relative to child support enforcement.

HB 578, providing a definition of an adequate education and establishing an adequacy board.

HB 865, relative to an adequate education and state education grants.

HB 753, relative to the electronic toll collection transponder inventory fund.

Motion adopted by the necessary two-thirds.

MOTION TO RECONSIDER

Having voted with the prevailing side, Rep. Gionet moved that the House reconsider its action whereby the House, on a roll call vote of 226-130, adopted the Majority Committee Report of Ought to Pass on HB 184, repealing the parental notification law.

Rep. Gionet spoke in favor.

MOTION TO LIMIT DEBATE

Rep. McKinney moved that debate on the motion to reconsider action taken on HB 184, repealing the parental notification law, be limited to 10 minutes on each side, including questions.

Rep. Wendelboe spoke against.

Rep. Daniel Eaton spoke in favor.

Rep. Wendelboe requested a roll call; sufficiently seconded.

YEAS 245 NAYS 106

YEAS 245

BELKNAP
Allen, Janet	Arsenault, Beth	Boyce, Laurie	Millham, Alida
Morrison, Gail	Nedeau, Stephen	Reever, Judith	Russell, David
Tobin, William

CARROLL
Bridgham, Robert	Buco, Thomas	Butler, Edward	Cunningham, Howard
Heard, Virginia	Knox, J. David	Merrow, Harry

CHESHIRE
Allen, Peter	Burridge, Delmar	Butcher, Suzanne	Butterworth, Timothy
Butynski, William	Chase, William	Dunn, J. Timothy	Eaton, Daniel
Espiefs, Peter	Lerandeau, Alfred	Mitchell, Bonnie	Parkhurst, Henry
Richardson, Barbara	Roberts, Kris	Robertson, Timothy	Sad, Tara
Weber, Lucy	Weed, Charles

COOS
Ingersoll, Paul Sr	King, Frederick	Mears, Edgar	Merrick, Evalyn
Remick, William	Theberge, Robert	Thomas, Yvonne

GRAFTON
Aguiar, James	Almy, Susan	Andersen, Gene	Benn, Bernard
Bleyler, Ruth	Cooney, Mary	Estes, Carole	Friedrich, Carol
Hammond, Lee	Harding, A Laurie	Lovett, Sid	Matheson, Robert
McLeod, Martha	Mulholland, Catherine	Nordgren, Sharon	Pierce, David
Preston, Philip	Solomon, Peter	Williams, Burton

HILLSBOROUGH
Baroody, Benjamin	Barry, Richard	Beck, Catriona	Bergin, Peter
Brunelle, Michael	Campbell, David	Chase, Claudia	Clemons, Jane
Cote, David	Daler, Jennifer	Daniels, Gary	Edwards, Andrew
Essex, David	Farley, Michael	Fletcher, Richard	Fontas, Jeffrey
Forest, Armand	Foster, Linda	Gargasz, Carolyn	Garrity, Patrick
Ginsburg, Ruth	Goley, Jeffrey	Hackel, Paul	Haley, Robert
Hall, Betty	Hammond, Jill	Harvey, Suzanne	Hebert, Roger
Irwin, Anne-Marie	Jasper, Shawn	Jean, Claudette	Kaelin, Michael
Katsiantonis, George	Kelley, John	Knowles, John	Knowles, Mary Ann
Kopka, Angeline	Lasky, Bette	Leishman, Peter	Lessard, Rudy
Levasseur, Nickolas	Levesque, Melanie	Lisle, Carolyn	Long, Patrick
Mack, Ron	Marshall, Seth	Martineau, Jesse	McRae, Karen
Mesa, Lily	Movsesian, Lori	O'Brien, Michael Sr	O'Neil, James
Ober, Lynne	Ober, Russell III	Peterson, Andy	Pilotte, Maurice
Reuschel, Michael	Rochette, Eric	Rosenwald, Cindy	Schulze, Joan
Shattuck, Gilman	Shaw, Barbara	Shaw, Kimberly	Smith, David
Smith, Sandra	Spratt, Stephen	Sullivan, Daniel	Sysyn, Mary
Velez, Hector	Winters, Joel

MERRIMACK
Baxley, Maureen	Beauchesne, Suzanne	Blanchard, Elizabeth	Brown, Carole
Brueggemann, Donald	Clarke, Claire	Davis, Frank	Ehlers, Eileen
Foose, Robert	Gile, Mary	Greco, Vincent	Hager, Elizabeth
Hamm, Christine	Kelly, Sally	Lockwood, Priscilla	McMahon, Patricia
Osborne, Jessie	Porter, Margaret	Potter, Frances	Reardon, Tara
Richardson, Gary	Ryan, Jim	Shurtleff, Stephen	Tilton, Joy
Tupper, Frank	Wallner, Mary	Walz, Mary	Webb, Leigh
Wheeler, Deborah	Williams, Robert	Yeaton, Charles

ROCKINGHAM
Abbott, Dennis	Allen, Mary	Borden, David	Case, Frank
Casey, Kimberley	Charron, Gene	Day, Judith	Devine, James
Emiro, Frank	Fesh, Bob	Flockhart, Eileen	Gould, Kenneth
Grote, Otto	Henson, John	Howard, Doreen	Hutchinson, Karen
Kappler, Lawrence	Kelley, Jane	Kepner, Susan	Marsh, Michael
McCarthy, Linda	McEachern, Paul	McGuirk, Thomas	McKenna, Daniel
McKinney, Betsy	Moody, Marcia	Moore, Bennett	Nord, Susi
Packard, Sherman	Pantelakos, Laura	Rausch, James	Reagan, John
Robertson, Carl	Russell, Trinka	Sanders, Elisabeth	Snow, Richard
Stiles, Nancy	Welch, David	Weyler, Kenneth	Winchell, George

STRAFFORD
Billian, Deborah	Brennan, William	Brown, George	Brown, Julie
Brown, Larry	Browne, Brendon	Burke, Rachel	Cyr, James
DeChane, Marlene	Domingo, Baldwin	Fargo, Thomas	Goodwin, Earle
Grassie, Anne	Hofemann, Roland	Hubbard, Pamela	Hutz, Sarah
Kaen, Naida	Knowles, William	Mickelonis, Shawn	Miller, Joseph
Perry, Robert	Rollo, Deanna	Rollo, Michael	Rous, Emma
Schmidt, Peter	Smith, Marjorie	Spang, Judith	Sprague, Dale
Srnec, Robert	Wall, Janet	Warren, Nancy

SULLIVAN
Cloutier, John	Converse, Larry	Donovan, Thomas	Ferland, Brenda
Franklin, Peter	Gagnon, Raymond	Gottling, Suzanne	Houde, Matthew
Jillette, Arthur Jr	Nielsen, Ellen	Phinizy, James	Rodeschin, Beverly
Skinder, Carla

NAYS 106

BELKNAP
Clark, Charles	Flanders, Donald	Heald, Bruce	Thomas, John
Tilton, Franklin	Wendelboe, Fran	Whalley, Michael

CARROLL
Ahlgren, Christopher	Brown, Carolyn	Chandler, Gene	Denley, William
Martin, James	Patten, Betsey	Stevens, Stanley

CHESHIRE
Emerson, Susan	Hunt, John	Johnson, Jane	Pelkey, Stephen

COOS
Tholl, John Jr

GRAFTON
Bulis, Lyle	Dingman, Vernon III	Eaton, Stephanie	Gionet, Edmond
Ingbretson, Paul	Sorg, Gregory

HILLSBOROUGH
Batula, Peter	Bergeron, Jean-Guy	Christensen, Chris	Christiansen, Lars
Clark, Mark	Coughlin, Pamela	Crane, Elenore Casey	Day, Russell
Drisko, Richard	Elliott, Nancy	Emerton, Larry	Gorman, Mary
Graham, John	Haefner, Robert	Hawkins, Ken	Hinkle, Peyton
Hogan, Edith	Holden, Randolph	Hunter, Bruce	Infantine, William
Kurk, Neal	L'Heureux, Robert	Lawrence, James	Manney, Pamela
Messier, Irene	Mooney, Maureen	Moran, Edward	Price, Pamela
Reeves, Sandra	Renzullo, Andrew	Rowe, Robert	Soucy, Connie
Spaulding, Jayne	Stepanek, Stephen	Tahir, Saghir	Ulery, Jordan
Vaillancourt, Steve	Villeneuve, Maurice

MERRIMACK
Anderson, Eric	DeJoie, John	Humphries, Charlie	MacKay, James

ROCKINGHAM
Baldasaro, Alfred	Bedrick, Jason	Belanger, Ronald	Bettencourt, David
Bishop, Franklin	Buxton, Donald	Cali-Pitts, Jacqueline	Camm, Kevin
Carson, Sharon	Dalrymple, David	DiFruscia, Anthony	Dumaine, Dudley
Flanders, John Sr	Garcia, Marilinda	Gleason, John	Griffin, Mary
Guthrie, Joseph	Headd, James	Hopfgarten, Paul	Ingram, Russell
Itse, Daniel	Johnson, Robert	Katsakiores, George	Katsakiores, Phyllis
Lund, Howie	Major, Norman	McMahon, Charles	Moore, Benjamin
Nowe, Ronald	Priestley, Anne	Quandt, Marshall	Quandt, Matthew
Splaine, James	Waterhouse, Kevin	Weare, Everett	Wells, Roger
Wickson, Rick

STRAFFORD
Berube, Roger	Watson, Robert

SULLIVAN
None

and the motion to limit debate was adopted.

The question being the adoption of the motion to reconsider HB 184, repealing the parental notification law.

Reps. Lasky and Marjorie Smith spoke against.

Reps. Nancy Elliott, Baldasaro, Emerson, Dumaine, Wendelboe and Mooney spoke in favor.

Rep. Gionet requested a roll call; sufficiently seconded.

YEAS 141 NAYS 217

YEAS 141

BELKNAP
Boyce, Laurie	Clark, Charles	Flanders, Donald	Heald, Bruce
Nedeau, Stephen	Russell, David	Thomas, John	Tilton, Franklin
Tobin, William	Wendelboe, Fran	Whalley, Michael

CARROLL
Ahlgren, Christopher	Brown, Carolyn	Chandler, Gene	Denley, William
Knox, J. David	Martin, James	Merrow, Harry	Patten, Betsey
Stevens, Stanley

CHESHIRE
Emerson, Susan	Johnson, Jane	Pelkey, Stephen

COOS
King, Frederick	Remick, William	Tholl, John Jr

GRAFTON
Bulis, Lyle	Dingman, Vernon III	Eaton, Stephanie	Gionet, Edmond
Ingbretson, Paul	Solomon, Peter	Sorg, Gregory	Williams, Burton

HILLSBOROUGH
Barry, Richard	Batula, Peter	Bergeron, Jean-Guy	Christensen, Chris
Christiansen, Lars	Clark, Mark	Coughlin, Pamela	Crane, Elenore Casey
Daniels, Gary	Day, Russell	Elliott, Nancy	Emerton, Larry
Fletcher, Richard	Francoeur, Bea	Gargasz, Carolyn	Haefner, Robert
Hansen, Ryan	Hawkins, Ken	Hinkle, Peyton	Hogan, Edith
Holden, Randolph	Hunter, Bruce	Infantine, William	Jasper, Shawn
Kurk, Neal	L'Heureux, Robert	Lawrence, James	Lessard, Rudy
Manney, Pamela	McRae, Karen	Mooney, Maureen	Moran, Edward
O'Neil, James	Ober, Lynne	Ober, Russell III	Pilotte, Maurice
Price, Pamela	Reeves, Sandra	Renzullo, Andrew	Rowe, Robert
Schulze, Joan	Soucy, Connie	Spaulding, Jayne	Stepanek, Stephen
Sullivan, Daniel	Tahir, Saghir	Ulery, Jordan	Vaillancourt, Steve
Velez, Hector	Villeneuve, Maurice

MERRIMACK
Anderson, Eric	Humphries, Charlie	MacKay, James

ROCKINGHAM
Allen, Mary	Baldasaro, Alfred	Bedrick, Jason	Belanger, Ronald
Bettencourt, David	Bishop, Franklin	Buxton, Donald	Camm, Kevin
Carson, Sharon	Case, Frank	Charron, Gene	Dalrymple, David
Devine, James	DiFruscia, Anthony	Dumaine, Dudley	Emiro, Frank
Fesh, Bob	Garcia, Marilinda	Gleason, John	Griffin, Mary
Guthrie, Joseph	Headd, James	Hopfgarten, Paul	Hutchinson, Karen
Ingram, Russell	Itse, Daniel	Kappler, Lawrence	Katsakiores, George
Katsakiores, Phyllis	Lund, Howie	Major, Norman	McKinney, Betsy
McMahon, Charles	Moore, Benjamin	Nowe, Ronald	Packard, Sherman
Priestley, Anne	Quandt, Marshall	Quandt, Matthew	Rausch, James
Reagan, John	Sanders, Elisabeth	Stiles, Nancy	Waterhouse, Kevin
Weare, Everett	Welch, David	Wells, Roger	Weyler, Kenneth
Wickson, Rick	Winchell, George

STRAFFORD
Berube, Roger	Hofemann, Roland

SULLIVAN
Donovan, Thomas	Rodeschin, Beverly

NAYS 217

BELKNAP
Allen, Janet	Arsenault, Beth	Millham, Alida	Morrison, Gail
Reever, Judith

CARROLL
Bridgham, Robert	Buco, Thomas	Butler, Edward	Cunningham, Howard
Heard, Virginia

CHESHIRE
Allen, Peter	Burridge, Delmar	Butcher, Suzanne	Butterworth, Timothy
Butynski, William	Chase, William	Dunn, J. Timothy	Eaton, Daniel
Espiefs, Peter	Hunt, John	Lerandeau, Alfred	Mitchell, Bonnie
Parkhurst, Henry	Richardson, Barbara	Roberts, Kris	Robertson, Timothy
Sad, Tara	Weber, Lucy	Weed, Charles

COOS
Hatch, William	Ingersoll, Paul Sr	Mears, Edgar	Merrick, Evalyn
Theberge, Robert	Thomas, Yvonne

GRAFTON
Aguiar, James	Almy, Susan	Andersen, Gene	Benn, Bernard
Bleyler, Ruth	Cooney, Mary	Estes, Carole	Friedrich, Carol
Hammond, Lee	Harding, A Laurie	Lovett, Sid	Matheson, Robert
McLeod, Martha	Mulholland, Catherine	Nordgren, Sharon	Pierce, David
Preston, Philip

HILLSBOROUGH
Baroody, Benjamin	Beck, Catriona	Bergin, Peter	Brunelle, Michael
Campbell, David	Chase, Claudia	Clemons, Jane	Cote, David
Daler, Jennifer	Edwards, Andrew	Essex, David	Farley, Michael
Fontas, Jeffrey	Forest, Armand	Foster, Linda	Garrity, Patrick
Ginsburg, Ruth	Goley, Jeffrey	Gorman, Mary	Graham, John
Hackel, Paul	Haley, Robert	Hall, Betty	Hammond, Jill
Harvey, Suzanne	Hebert, Roger	Irwin, Anne-Marie	Jean, Claudette
Kaelin, Michael	Katsiantonis, George	Kelley, John	Knowles, John
Knowles, Mary Ann	Kopka, Angeline	Lasky, Bette	Leishman, Peter
Levasseur, Nickolas	Levesque, Melanie	Lisle, Carolyn	Long, Patrick
Mack, Ron	Marshall, Seth	Martineau, Jesse	Mesa, Lily
Messier, Irene	Movsesian, Lori	O'Brien, Michael Sr	Peterson, Andy
Reuschel, Michael	Rochette, Eric	Rosenwald, Cindy	Shattuck, Gilman
Shaw, Barbara	Shaw, Kimberly	Simon, Anthony	Smith, David
Smith, Sandra	Spratt, Stephen	Sysyn, Mary	Winters, Joel

MERRIMACK
Baxley, Maureen	Beauchesne, Suzanne	Blanchard, Elizabeth	Bouchard, Candace
Brown, Carole	Brueggemann, Donald	Clarke, Claire	Davis, Frank
DeJoie, John	DeStefano, Stephen	Ehlers, Eileen	Foose, Robert
French, Barbara	Gile, Mary	Greco, Vincent	Hager, Elizabeth
Hamm, Christine	Kelly, Sally	Kjellman, Eleanor Glynn	Lockwood, Priscilla
McMahon, Patricia	Osborne, Jessie	Porter, Margaret	Potter, Frances
Reardon, Tara	Richardson, Gary	Ryan, Jim	Shurtleff, Stephen
Tilton, Joy	Tupper, Frank	Wallner, Mary	Walz, Mary
Webb, Leigh	Wheeler, Deborah	Williams, Robert	Yeaton, Charles

ROCKINGHAM
Abbott, Dennis	Borden, David	Cali-Pitts, Jacqueline	Casey, Kimberley
Day, Judith	Flanders, John Sr	Flockhart, Eileen	Gould, Kenneth
Grote, Otto	Henson, John	Howard, Doreen	Johnson, Robert
Kelley, Jane	Kepner, Susan	Marsh, Michael	McCarthy, Linda
McEachern, Paul	McGuirk, Thomas	McKenna, Daniel	Moody, Marcia
Moore, Bennett	Nord, Susi	Pantelakos, Laura	Robertson, Carl
Russell, Trinka	Snow, Richard	Splaine, James

STRAFFORD
Billian, Deborah	Brennan, William	Brown, George	Brown, Julie
Brown, Larry	Browne, Brendon	Burke, Rachel	Cyr, James
DeChane, Marlene	Domingo, Baldwin	Fargo, Thomas	Goodwin, Earle
Grassie, Anne	Hubbard, Pamela	Hutz, Sarah	Kaen, Naida
Knowles, William	Mickelonis, Shawn	Miller, Joseph	Perry, Robert
Rollo, Deanna	Rollo, Michael	Rous, Emma	Schmidt, Peter
Smith, Marjorie	Spang, Judith	Sprague, Dale	Srnec, Robert
Wall, Janet	Warren, Nancy	Watson, Robert

SULLIVAN
Cloutier, John	Converse, Larry	Ferland, Brenda	Franklin, Peter
Gagnon, Raymond	Gottling, Suzanne	Houde, Matthew	Jillette, Arthur Jr
Nielsen, Ellen	Phinizy, James	Skinder, Carla

and the motion to reconsider failed.

Rep. Drisko did not vote and notified the Clerk that he wished to be recorded in favor.

COMMITTEE REPORTS

CONSENT CALENDAR

HB 62, relative to limiting the number of balloons released into the atmosphere, removed by Rep. Patten.

HB 74-FN-A-L, relative to matching funds for federal disaster assistance for the October 2005 floods and making an appropriation therefor, removed by Rep. Ferland.

HB 435-FN-A, making an appropriation to provide a death benefit for the family of a seasonal department of transportation employee, removed by Rep. Hawkins.

HB 506, relative to references to "United States citizen" in the New Hampshire statutes, removed by Rep. Lars Christiansen.

HB 507, relative to the rights of citizens, removed by Rep. Lars Christiansen.

HB 557-L, relative to free parking in designated handicapped zones, removed by Rep. Vaillancourt.

HB 684, establishing a rest area and state liquor store retail opportunities commission, removed by Rep. Crane.

Consent Calendar adopted.

Rep. Reardon declared a conflict of interest on HB 281 and did not participate in the vote on the Consent Calendar.

HB 130, requiring bottled water labels to indicate the source of the water. INEXPEDIENT TO LEGISLATE.

Rep. Joel F. Winters for Commerce: Filtered water or spring water; do you know what’s in your bottled water? Regulations on the federal level already require the type of water to be specified and the location of the spring to be on the label as well: Laws on the state level would be duplicative. Existing law adequately protects and informs consumers, so the committee did not feel this was needed legislation. Vote 14-1.

HB 151, relative to provider contracts under the managed care law. INEXPEDIENT TO LEGISLATE.

Rep. Donald H. Flanders for Commerce: This bill requires participating hospitals to establish and maintain procedures which provide notice to a covered person as to whether a hospital-based provider who is not a participating provider in the covered person’s health plan will be treating such covered person. After reviewing the problem with affected parties it was agreed that this was a situation that could be resolved amongst them and did not rise to the point of requiring legislation. Vote 13-0.

HB 158, requiring insurance companies to allow covered persons to purchase an up-to-90-day supply of life-sustaining drugs. OUGHT TO PASS WITH AMENDMENT.

Rep. John B. Hunt for Commerce: This bill requires insurance companies to allow covered persons to purchase up to a 90-day supply of prescription drugs. The amendment requires that the drugs had to have been prescribed in the past year and does not change any co-payments or terms and conditions that an insurance company may have for a non-mail order prescription. Vote 13-2.

Amendment (0461h)

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

AN ACT requiring insurance companies to allow covered persons to purchase an up-to-90‑day supply of covered prescription drugs on the covered person’s health plan formulary under certain circumstances.

Amend the bill by replacing sections 1 and 2 with the following:

1 New Section; 90-Day Supply of Covered Prescription Drugs. Amend RSA 415 by inserting after section 6-a the following new section:

415:6-aa 90-Day Supply of Covered Prescription Drugs. An insurer issuing or renewing accident and health insurance policies shall allow its insureds to purchase an up-to-90-day supply of covered prescription drugs on the covered person’s health plan formulary at one time, provided that the insured can demonstrate that such drug has been taken by the insured for a continuous period of one year and provided that such drug is not subject to the health plan’s utilization management, prior authorization, or pre-certification requirements. Controlled substances as identified by the United States Drug Enforcement Administration are exempt from this section. Nothing in this section shall be construed to limit the health plan’s ability to establish co-payments, coinsurance deductibles, or other member cost shares. A pharmacy dispensing a 90-day supply of covered prescription drugs under this section shall comply with any specified terms, conditions, and price which the plan may require for pharmacies that fill 90-day prescriptions.

2 New Paragraph; 90-Day Supply of Covered Prescription Drugs. Amend RSA 420-J:7-b by inserting after paragraph VII the following new paragraph:

VIII. Every health benefit plan that provides prescription drug benefits shall allow its covered persons to purchase an up-to-90-day supply of covered prescription drugs on the covered person’s health benefit plan formulary at one time, provided that the insured can demonstrate that such drug has been taken by the insured for a continuous period of one year and provided that such drug is not subject to the health benefit plan’s utilization management, prior authorization, or pre-certification requirements. Controlled substances as identified by the United States Drug Enforcement Administration are exempt from this paragraph. Nothing in this paragraph shall be construed to limit the health benefit plan’s ability to establish co-payments, coinsurance deductibles, or other member cost shares. A pharmacy dispensing a 90-day supply of covered prescription drugs under this paragraph shall comply with any specified terms, conditions, and price which the health benefit plan may require for pharmacies that fill 90-day prescriptions.

AMENDED ANALYSIS

This bill requires insurance companies to allow covered persons to purchase an up-to-90-day supply of covered prescription drugs on the covered person’s health plan formulary under certain circumstances.

HB 215, relative to fees for hearing care providers. OUGHT TO PASS.

Rep. John B. Hunt for Commerce: This bill repeals the dollar amount of initial license and registration fees for hearing care providers in the statutes. RSA 137-F: 6 already provides for the fees to be set by rulemaking. This bill will allow these fees to be changed by Joint Legislative Committee on Rules (JLCAR) instead of going to the legislature every time the fees need to be changed. Vote 14-1.

HB 228, relative to the definition of "medical necessity" under the managed care law. OUGHT TO PASS WITH AMENDMENT.

Rep. John B. Hunt for Commerce: Under the current law an HMO must define and make public its definition of medically necessary. This bill will standardize the language so that all HMO's will use the same definitions. The amendment added one word, "stabilize." Vote 17-0.

Amendment (0119h)

Amend RSA 420-J:3, XXV-b as inserted by section 1 of the bill by replacing it with the following:

XXV-b. “Medical necessity” means health care services or products provided to an enrollee for the purpose of preventing, stabilizing, diagnosing, or treating an illness, injury, or disease or the symptoms of an illness, injury, or disease in a manner that is:

(a) Consistent with generally accepted standards of medical practice;

(b) Clinically appropriate in terms of type, frequency, extent, site, and duration;

(d) Representative of “best practices” in the medical profession; and

(e) Not primarily for the convenience of the enrollee or physician or other health care provider.

HB 281, relative to the cancellation of buying club memberships. OUGHT TO PASS.

Rep. Stephen T. DeStefano for Commerce: This bill eliminates a general provision permitting the pro rata cancellation of buying club memberships. The bill limits pro rata refunds to situations where the club moves at least 20 miles farther away from the member’s residence. The committee did however, leave the three day right of rescissions under RSA 358-J: 2. Vote 13-0.

HB 324, prohibiting the use of artificial trans fats in the preparation of food. OUGHT TO PASS WITH AMENDMENT.

Rep. Matthew S. Houde for Commerce: As initially proposed, this bill would have completely prohibited the use of artificial trans fats in any food prepared for sale or service on premises or elsewhere (such use constituting an immediate endangerment of public health and safety, which would have been the basis for revocation of a food service establishment license). While the committee appreciates the intent of the bill, and believes the attention it brought will aid in raising awareness about this important health issue, it nonetheless determined that it is not appropriate as proposed since a mandatory ban on trans fats could carry the risk of unintended consequences (such as the substitution of trans fats with unhealthy oils high in saturated fats, particularly in the absence of a sufficient supply of healthy alternatives) and that consumers, as they have in grocery stores, will be the driving force behind the inevitable change in food service establishments' use of artificial trans fats. Children, however, cannot make similar choices. As such, the committee has recommended the bill as amended in order to evaluate the use of artificial trans fats (as well as saturated fats), in food prepared and served to pupils as part of the school food program - said evaluation to result in the adoption and implementation of a policy governing their use. Vote 14-0.

Amendment (0604h)

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

AN ACT relative to the use of artificial trans fats and saturated fats in food prepared and served in public schools.

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

1 New Paragraph; Food and Nutrition Programs; Artificial Trans Fats and Saturated Fats. Amend RSA 189:11-a by inserting after paragraph VII the following new paragraph:

VIII. All school administrative unit superintendents shall, no later than September 1, 2007, evaluate the use of artificial trans fats and saturated fats in foods prepared and served to pupils as part of the school food program within each school in the school administrative unit and report such findings to the state board of education. The state board of education shall, no later than January 1 2008, adopt and implement a policy governing the use of artificial trans fats and saturated fats in foods prepared and served to pupils in the public schools.

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

AMENDED ANALYSIS

This bill requires superintendents to evaluate the use of artificial trans fats and saturated fats in foods prepared and served to pupils as part of the school food program within each school in the school administrative unit, and report such findings to the state board of education which shall adopt a policy governing the use of artificial trans fats and saturated fats in foods prepared and served to pupils in the public schools.

HB 365, establishing a commission to study foreclosures of home mortgages and the foreclosure rescue scam industry. OUGHT TO PASS WITH AMENDMENT.

Rep. Stephen T. DeStefano for Commerce: The bill establishes a commission to study foreclosures of home mortgages and the foreclosure rescue industry. As the real estate market changes, some unscrupulous people are taking advantage of homeowners in very difficult positions. The committee felt that this would be a start to regulate these individuals. The amendment only adds 3 members from the industry to the study committee. Vote 14-0.

Amendment (0480h)

Amend paragraph I of section 2 of the bill by replacing it with the following:

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

(a) Two members of the house of representatives, appointed by the speaker of the house of representatives.

(b) Two members of the senate, appointed by the president of the senate.

(d) The bank commissioner, or designee.

(e) The attorney general, or designee.

(f) A representative of the New Hampshire housing finance authority, appointed by that organization.

(g) A representative from New Hampshire Legal Assistance, appointed by that organization.

(h) A representative from the New Hampshire Community Loan Fund, appointed by that organization.

(i) A representative from the New Hampshire Bankers Association, appointed by that organization.

(j) A representative of the Mortgage Bankers and Brokers Association of New Hampshire, appointed by that organization.

(k) A representative of the New England Financial Services Association, appointed by that organization.

HB 371, establishing accessibility requirements for new residential home construction. INEXPEDIENT TO LEGISLATE.

Rep. Robert F. Matheson for Commerce: This bill requires all new single family, duplex and triplex homes to be constructed to meet 5 standards in making them more handicap accessible. The committee agreed with the Governor’s Commission on Disability that this bill is very restrictive in its design requirements and borders on violating individual rights. The committee heard from the Association of Home Builders, the Association of Realtors, architects, general contractors and electricians. All testified against the bill because of its added cost and design limitations. Vote 14-0.

HB 469, relative to on-premises cocktail lounge licenses for caterers. OUGHT TO PASS WITH AMENDMENT.

Rep. John B. Hunt for Commerce: The original bill was written to allow brew pubs to cater off-site. The committee agreed with the sponsor, and realized in the discussion to further clarify and amend the statute. The committee discussed the inability of beverage manufacturer (brewers) who have tasting rooms to sample (limited to 2 ounces) not only beverages brewed on site, but also other beverages distributed by that manufacturer in the United States. The amendment encourages brewers to test within our market and possibly expand the beverages produced here in New Hampshire. Vote 16-0.

Amendment (0248h)

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

AN ACT relative to on-premises cocktail lounge licenses for caterers and relative to beverage manufacturer hospitality rooms.

Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 4:

3 Beverage Manufacturer License; Hospitality Room. Amend RSA 178:12, III to read as follows:

III. The holder of a beverage manufacturer license may operate a hospitality room on the premises in which the licensee may make available to employees and visitors of legal drinking age for on-premises consumption free of charge samples of beverages manufactured [~~on the premises~~] or distributed in the United States by the beverage manufacturer. The hospitality room shall require commission approval in respect to its location, service facilities, and seating arrangements.

AMENDED ANALYSIS

This bill allows brew pub licensees to obtain off-site catering licenses. This bill also permits a beverage manufacturer licensee to serve employees in its hospitality room and allows consumption in the hospitality room of any beverages manufactured or distributed by the manufacturer.

HB 499, relative to the innovative research center. OUGHT TO PASS.

Rep. Stephen P. Spratt for Commerce: This bill changes the name of the University of New Hampshire Industrial Research Center to the University of New Hampshire Innovative Research Center. This name change is in keeping with the challenge to increase both the pace of innovative technology developments and the scope of partnerships. In addition to its grant program, the center may provide services including training, strategic thinking and strategy development and proposal writing. Vote 13-1.

HB 529, relative to disclaimers of municipal services in real estate contracts. INEXPEDIENT TO LEGISLATE.

Rep. Robert F. Matheson for Commerce: Presently new construction of subdivisions over 15 lots require a filing with the Attorney General's office and subsequent notices ensuring consumer protection. All new buyers are presented with a Public Offering Statement when signing a purchase agreement and have a right to review and rescind their agreement for five days. Part of this Public Offering Statement is the declaration which fully describes the property as well as common areas, roadways and amenities. Currently, New Hampshire realtors also require, for all land sales, a property disclosure form which accompanies a purchase agreement and specifically asks about association fees, easement restriction and covenants. The committee felt there was ample disclosure to the consumer and this bill was unnecessary. Vote 13-0.

HB 530, relative to mortgages held by parties to a divorce. INEXPEDIENT TO LEGISLATE.

Rep. Tara G. Reardon for Commerce: This bill would require a first mortgage lender, upon written request of a mortgager, to refinance a note and mortgage when a couple divorces eliminating the usual underwriting and loan processing required. The majority of mortgages are sold on the secondary market and must conform to very strict loan to value and income to debt ratios. There is no guarantee that an individual will qualify for a loan. Additionally, often times the loan has been assigned to a servicing agent who has no ability to rewrite a loan. No one spoke in favor of the bill. Vote 14-0.

HB 532, relative to insurance fraud. OUGHT TO PASS WITH AMENDMENT.

Rep. Stephen T. DeStefano for Commerce: This bill clarifies certain provisions of the insurance fraud law and authorizes the commissioner of insurance to adopt rules for the implementation of the insurance fraud law. The amendment only changes one word, under RSA 417:28 the phrase “reason to suspect” has been changed to “reason to believe.” Vote 14-0.

Amendment (0511h)

Amend RSA 417:28 as inserted by section 2 of the bill by replacing it with the following:

417:28 Reporting of Fraudulent Claims by Insurers. Any [~~company which believes~~] person or entity regulated under title XXXVII which has reason to believe that an insurance fraud or insurance-related criminal activity has been committed shall [,] make a report to the unit within 60 days [~~of forming such belief, send to the unit,~~] or within a shorter period under such circumstances as the commissioner may prescribe by rule. No waiver of any such regulated person’s or entity’s applicable privilege or claim of confidentiality in the documents, materials or information shall occur as a result of such disclosure to the unit. Such report shall be made on a form prescribed by the unit [,] and shall contain the information requested and such additional information [~~relative to the claim and other parties claiming loss or damage because of the claim~~] as the unit may require. The unit shall review such report and select such claims as, in its judgment, warrant further investigation. In the absence of fraud or malice, no public official or insurance company or person who furnishes information on behalf of the insurance company shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply information required pursuant to this section.

HB 131, revising the role of the commissioner of the department of education in the approval of home education programs. INEXPEDIENT TO LEGISLATE.

Rep. Kimberley S. Casey for Education: To address conflicts of interest, the Department of Education asked the committee to remove the commissioner of education, who is part of the home school appeal process, from the home school approval and supervision process. While the committee supports strengthening good relationships between parents and local districts, it also believes that home school parents need another option in cases where that relationship does not exist. Vote 18-0.

HB 147, relative to counting kindergarten pupils in charter school attendance. OUGHT TO PASS.

Rep. Kimberley S. Casey for Education: This bill provides that for the purpose of calculating charter school funding, kindergarten pupils shall count as no more than ½ day attendance per calendar year. Vote 17-0.

HB 164, relative to medicating pupils to enhance learning abilities. OUGHT TO PASS WITH AMENDMENT.

Rep. Paul Ingbretson for Education: This bill requires school boards to create a policy prohibiting non-medical school staff from recommending psychotropic drugs for schoolchildren. The committee continues to hear reports that school staff are recommending that parents consider the use of psychotropic drugs for their children. Since such recommendations are not technically “practicing medicine” and yet may tend to put pressure on parents, the committee felt recommendations of drug use by unqualified school staff needed to be proscribed in education policy. Vote 19-1.

Amendment (0628h)

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

AN ACT prohibiting school personnel from recommending the use of psychotropic medications for any child.

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

1 New Section; School Boards; Medications Recommended by School Personnel. Amend RSA 189 by inserting after section 11-b the following new section:

189:11-c Medications Recommended by School Personnel.

I. Each school board, or cooperative school board in the case of a cooperative school district shall, within one year of the effective date of this section, adopt and implement a policy prohibiting school personnel from recommending the use of psychotropic medications for any child. Such policy shall not prohibit school medical staff from recommending that a child be evaluated by a licensed medical practitioner or prohibit school personnel from consulting with such practitioner with the consent of the child’s parents or legal guardian.

II. In this section, “psychotropic medications” means those medications the prescribed intention of which is to alter mental activity or mental state, including but not limited to, antipsychotic, antidepressant, and anxiolytic medications, and behavior-altering medications.

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

AMENDED ANALYSIS

This bill requires each school board or cooperative school board to adopt and implement a policy prohibiting school personnel from recommending the use of psychotropic medications for any child.

HB 213, relative to the availability of school nutrition program funds for charter school and nonpublic schools. OUGHT TO PASS.

Rep. Nancy F. Stiles for Education: This housekeeping bill provides the necessary language to allow the department to disburse money to all the eligible programs included in HB 1249, Chapter 127 known as the breakfast and wellness bill passed last session. Vote 16-0.

HB 238, establishing a committee to study limited liability for school teachers. INEXPEDIENT TO LEGISLATE.

Rep. Barbara E. Shaw for Education: Although the sponsor’s attempt to protect teachers from unreasonable suits is appreciated, the committee believes it is better to stay with current law that prohibits frivolous law suits against teachers and allows teachers to use necessary restraints to protect themselves and children. Vote 17-0.

HB 302, requiring notice of construction or expansion of a public school. INEXPEDIENT TO LEGISLATE.

Rep. Barbara E. Shaw for Education: This bill was originally drafted at the request of the Department of Transportation, which now respectfully requests ITL. The Department of Education and DOT have worked out a notification system, without legislation, that informs the DOT by a list of building projects. Vote 19-0.

HB 431, establishing a commission to study academic and financial requirements for recipients of Pell grants. INEXPEDIENT TO LEGISLATE.

Rep. Pamela G. Price for Education: This bill proposed a 12 member commission to study the Pell Grant Program. Specific tasks of the commission were to study the maximization of leverage and the placement of academic benchmarks for Pell Grant Students, and to study the financial criteria for enrollment in an associate’s degree program at no cost to the student. The membership of the proposed commission included representatives from the University System, and the Regional Community Technical College System. It has been identified that the topic could be included within the scope of the Public Higher Education Commission. The prime sponsor agrees with this plan; thus this bill is deemed to be unnecessary. Vote 19-0.

HB 242, relative to the declaration of candidacy form. OUGHT TO PASS.

Rep. Shawn N. Jasper for Election Law: This bill eliminates the requirement to list a candidate’s party affiliation twice on the declaration form. In place of the second disclosure the form will simply state “…..the party in which I am now registered.” Vote 15-0.

HB 353-L, relative to public access to ballots prior to their destruction. INEXPEDIENT TO LEGISLATE.

Rep. James R. Splaine for Election Law: This legislation would allow state election ballots that have already been used on election day to be available for analysis and research after the election prior to their destruction. The intent was good, but the committee felt this was not a good thing to do, especially since some handwriting on the ballots could identify votes or the research could be misused. We should always guarantee the privacy of the voter’s ballot and the integrity of the election process. Vote 15-0.

HB 364, requiring that the order of names on ballots be determined by lottery. INEXPEDIENT TO LEGISLATE.

Rep. Shawn N. Jasper for Election Law: The committee is retaining HB 358 which deals with the same subject matter as there are many reasonable proposals on how the listing of candidates names should be determined. The committee would like to work with the Secretary of State to find a procedure which is both reasonable and easy to administer. Vote 12-1.

HB 367, relative to incompatible offices. OUGHT TO PASS.

Rep. Charles F. Weed for Election Law: This is a “housekeeping” bill recommended by the Secretary of State to clear up an ambiguity in the 2006 election wherein a filed candidate for the House of Representatives became a candidate for the Senate. This bill makes it possible for the candidate to choose which of the two incompatible offices he or she will run for in the general election if he or she received the nomination for one office by write-in votes. Vote 15-0.

HB 142, relative to the sale of out-of-state animals. OUGHT TO PASS WITH AMENDMENT.

Rep. Linda J. McCarthy for Environment and Agriculture: The original bill exempted incorporated or chartered humane societies from certain requirements of a statute requiring licenses and animal health certificates with the exception that dogs imported into New Hampshire for sale or transfer must be accompanied by an official health certificate. The amendment requires that any persons or other entity engaged in the sale or transfer of live animals or birds as household pets allow the premises in which the animals are housed to be subject to inspection and licensure by the department of agriculture, markets, and food of the state of New Hampshire when aforementioned animals are transferred to the final owner within the state of New Hampshire. This shall be regardless of whether or not a fee for the animal is required. In the case of licensees without a physical facility in New Hampshire, an exemption from inspection shall be made, however, every imported dog, cat, or ferret shall be required to be accompanied by an official health certificate which the licensee shall submit to the department for review within one month of the date of the certificate. The amendment would further require that all cats and dogs transferred from an animal shelter facility shall be accompanied by an official health certificate, if the cat or dog was imported into the state for transfer with or without a fee. Finally the definition of “broker” as any individual or entity acting as agent or intermediary in negotiating, buying, selling, or transferring dogs, cats, or ferrets when transfer to the final owner occurs in New Hampshire is added as a new paragraph. Vote 19-0.

Amendment (0265h)

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

1 Sale of Animals and Birds; License Required. Amend RSA 437:1 to read as follows:

437:1 License Required. No person, firm, corporation or other entity shall engage in the business of selling or the business of placing or giving away, with or without a fee or donation required, to the public, live animals or birds customarily used as household pets unless the premises on which they are housed, harbored or displayed for such purposes are duly licensed and inspected by the department of agriculture, markets, and food of the state of New Hampshire. This section shall also apply to commercial kennels and to any person, firm, corporation, or other entity engaged in the business of, including activity as a broker, selling, placing, giving away, or importing live animals or birds customarily used as household pets for sale, resale, or transfer to the public, with or without a fee required, and whether or not a physical facility is owned by the licensee in New Hampshire when transfer to the final owner occurs within New Hampshire. These provisions shall not effect the provisions of RSA 437:7.

2 Bird and Animal Inspections. Amend RSA 437:8 to read as follows:

437:8 Inspections. Inspections of all premises as described in RSA 437:1 shall be made at reasonable times, but in no case less frequently than every 6 months. Any duly appointed agent of any humane society or S.P.C.A. incorporated in the state of New Hampshire acting under the authority and direction of the department or an official representative of the department may make said inspections at any reasonable time. Licensees without a physical facility in New Hampshire shall be exempt from facility inspection, though interstate health certificates or official health certificates for every imported dog, cat or ferret handled by the licensee shall be submitted to the department for review within one month of the date of writing of the certificate.

3 Health Certificate for Cats. Amend RSA 437:13-a, IV to read as follows:

IV. All incorporated or chartered humane societies with operating shelters in the state of New Hampshire are exempt from the requirements of this section relative to selling or transferring cats except that all cats transferred out of an animal shelter facility shall have a form of positive identification, including but not limited to a tattoo, collar, microchip, ear tag, or any other permanent form of identification approved by the commissioner of agriculture, markets, and food and shall be vaccinated against rabies in accordance with RSA 436, and shall be accompanied by an official health certificate if the cat was imported into the state for transfer or without a fee.

4 Breeder’s Health Certificate. Amend RSA 466:6-a, IV to read as follows:

IV. All incorporated or chartered humane societies with operating shelters in the state of New Hampshire are exempt from the requirements of this section relative to selling or transferring dogs except that dogs which have been imported into the state for transfer with or without a fee shall be accompanied by an official health certificate.

5 Dogs, Cats and Ferrets. Amend RSA 437:10, III(c) to read as follows:

6 New Paragraph; Broker; Definition. Amend RSA 437:2 by inserting after paragraph IV the following new paragraph:

V. “Broker” means any individual or entity acting as agent or intermediary in negotiating, buying, selling, or transferring dogs, cats, or ferrets when transfer to the final owner occurs in New Hampshire.

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

AMENDED ANALYSIS

This bill expands license requirements for sellers of domestic animals and requires that all out of state dogs, cats, and ferrets sold in New Hampshire be accompanied by an official health certificate.

HB 207, establishing a commission to study and make recommendations on the expansion of the New Hampshire Agricultural Innovation Program. OUGHT TO PASS.

Rep. Timothy D. O'Connell for Environment and Agriculture: The study commission authorized by this bill is based on the recommendation of a chaptered study committee, HB 229, Chapter 78:1 from the 2005 session. The specific duties of this commission would primarily focus on the administration, and oversight of any expansion of the current New Hampshire Agricultural Innovation Program. Additional duties include exploring opportunities for partnering with existing programs in neighboring states and the feasibility of forming public/private partnerships for administrative and technical support. The New Hampshire Department of Agriculture, Markets, and Food together with the UNH Cooperative Extension Service most likely will continue to have direct involvement with any program. The current program consists only of providing selected applicants business planning assistance through a USDA Rural Development grant. Vote 18-1.

HB 193, relative to liquor and wine representative licenses. INEXPEDIENT TO LEGISLATE.

Rep. Maurice L. Pilotte for Executive Departments and Administration: This bill would allow liquor and wine licensees to hold additional licenses. The concerns of the committee are the potential loss of income to the state in addition to the objection of the Liquor Commission which we have directed to oversee this industry and which has succeeded in generating and contributing millions of dollars every year to the general fund (FY 2006 - $130 M). The commission is committed to proactively looking at changes in the landscape of this industry and propose adaptations as they have, for example, on the treatment of in-state micro-breweries and the distilling of vodka in an in-state winery. Vote 16-0.

HB 307, relative to examinations of electricians by the electricians' board. OUGHT TO PASS WITH AMENDMENT.

Rep. Alida I. Millham for Executive Departments and Administration: This bill allows for computerized testing for licensure of electricians by the electricians' board. The amendment adds the word proctored to computerized testing. Vote 13-0.

Amendment (0519h)

Amend the bill by replacing sections 2 and 3 with the following:

2 Fees. Amend RSA 319-C:6-b to read as follows:

319-C:6-b Fees. The board, with the approval of the commissioner of safety, shall establish application fees for examination of applicants, fees for licensure, for renewal, and for late renewal of licenses to practice under this chapter, and for transcribing and transferring records and other services. The fee for examination shall not include fees charged by and paid to an examination entity approved by the board. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year. Fees collected shall be deposited in the fire standards and training and emergency medical services fund, established in RSA 21-P:12-d, and used for the purposes of operating expenses of the electricians’ board. Fees collected in excess of actual operating expenses shall be deposited in the general fund as unrestricted revenue.

3 Examinations. Amend RSA 319-C:8 to read as follows:

319-C:8 Examinations for License. Each applicant for licensure shall present to the board, on forms furnished by the board, a written application for examination and license, containing such information as the board may require, accompanied by the required application fee established by the board. Proctored examinations shall be written [or], written and oral, oral, or computerized as approved by the board, and shall be of a thorough and practical character. They shall include such provisions of the National Electrical Code as the board may deem appropriate. Any person failing to pass his or her first examination may be reexamined at any subsequent examination meeting of the board or by an examination entity approved by the board, and thereafter may be examined as often as he or she may desire upon submitting the written application for examination and license and payment of the required application fee as set forth in this chapter.

HB 308, relative to continuing education for licensed electricians. INEXPEDIENT TO LEGISLATE.

Rep. Alida I. Millham for Executive Departments and Administration: This bill would require master electricians or journeymen to provide proof of completing an electrical code update certification course within one year subsequent to the adoption of an update to the National Electrical Code by the board of electricians. The sponsor requested ITL on this bill as it is not ready for passage at this time. Vote 14-0.

HB 546, establishing a commission to study liquor commission procedures and policies. INEXPEDIENT TO LEGISLATE.

Rep. Pamela V. Manney for Executive Departments and Administration: At the request of the sponsor, this bill was ITL. This was done so that this bill could be rolled into several other bills being considered regarding the procedures and policies of the liquor commission. Vote 14-0.

HB 573-FN, relative to the collection of judgments. INEXPEDIENT TO LEGISLATE.

Rep. Hector M. Velez for Executive Departments and Administration: This bill would make state agencies collection agencies for private debt. The Attorney General testified against the bill. For those individuals who depend on their licenses to make a livable wage, they would not be able to support themselves or their families making it more difficult to repay any debt. The New Hampshire judicial system has other options for collection of debt. Vote 12-1.

CACR 3, relating to: the appropriation of certain revenues. Providing that: the scope of appropriations from certain revenues shall be broadened. INEXPEDIENT TO LEGISLATE.

Rep. Kenneth L. Weyler for Finance: This CACR and CACR 4 are very similar. This bill was sent to Finance and the other to Public Works. CACR 4 has a wider scope than CACR 3. CACR 3 deals only with railways being funded from the highway fund; CACR 4 allows public transportation to use the highway fund. The sponsor of CACR 3 decided that she liked the wider scope better. She asked to have CACR 3 withdrawn. The committee complies with her request and votes CACR 3 ITL. Vote 22-1.

HB 220, removing the requirement that the department of transportation file a report with the state treasurer regarding special accounts within the highway fund. OUGHT TO PASS WITH AMENDMENT.

Rep. Kenneth L. Weyler for Finance: The highway fund is constitutionally restricted as to where the dollars can be spent. Although it is intended to be used to maintain our road system, language also allows its use to maintain traffic control on those roads. This language allows funds to transfer to the Department of Safety, and the judicial branch. A total of nine agencies receive highway funds. The Finance Committee believes that in order to provide proper oversight, it must see reports from these nine agencies, first as to how they propose to spend the money, followed by annual reports as to how the dollars were spent. Similar requirements have been given in the past, yet compliance was lax. An important part of this amendment states that no funds shall be disbursed to a department of the executive branch or the judicial branch if it has not filed the report. This bill is important for the legislature's role of financial oversight. Vote 21-0.

Amendment (0242h)

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

AN ACT establishing a reporting requirement for departments that receive highway funds.

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

1 Reporting Requirement For Departments that Receive Highway Funds. RSA 9:9-c is repealed and reenacted to read as follows:

9:9-c Reporting Requirement for Departments that Receive Highway Funds. All departments of the executive branch and the judicial branch that receive highway fund transfers for any purpose shall file a report with the commissioner of administrative services on or before January 1 of each year for the preceding fiscal year. The format of the report shall be determined by the commissioner and shall be in a format similar to reports filed pursuant to RSA 9:4-d.

I. The report shall include:

(a) A description of each of the programs supported by highway funds.

(b) Actual expenditures incurred by programs supported whole or in part by the highway fund transfers compared to amounts budgeted for those purposes.

II. No highway fund transfers shall be disbursed to a department of the executive branch or the judicial branch if the department or judicial branch has not filed the report required under this section for the preceding fiscal year.

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

AMENDED ANALYSIS

This bill requires each department of the executive branch and the judicial branch to annually report its use of highway fund transfers to the department of administrative services.

HB 258-FN-A, making an appropriation to the department of safety, bureau of emergency management, to fund a grant to the town of Goffstown for installation of sewer and water systems in areas damaged by flooding in May 2006. INEXPEDIENT TO LEGISLATE.

Rep. Robert A. Foose for Finance: The bill makes an appropriation to the Department of Safety, Bureau of Emergency Management, to fund a grant of $2,000,000 to the Town of Goffstown for installation of sewer and water systems in areas damaged by flooding in May 2006. A majority of the committee concluded that the damage was not the direct result of the flooding in May 2006. The presentation to the committee also did not reflect a clear business plan or evidence that the community had dealt with the problem of persistent flooding over time. Finally, the committee expressed its belief that responsibility for sewer and water system improvement should rest with local communities. Vote 19-1.

HB 259-FN-A, making an appropriation to the department of safety, bureau of emergency management, to fund a grant to the town of Goffstown for drainage installation in areas damaged by flooding in May 2006. INEXPEDIENT TO LEGISLATE.

Rep. Robert A. Foose for Finance: The bill makes an appropriation to the Department of Safety, Bureau of Emergency Management, to fund a grant of $500,000 to the Town of Goffstown for drainage installation in areas damaged by flooding in May 2006. A majority of the committee concluded that the damage was not the direct result of the flooding in 2006. As was the case with HB 258-FN-A, the presentation to the committee also presented the same problems noted in the blurb for HB 258-FN-A. Vote 19-1.

HB 378-FN-A, making an appropriation to the department of health and human services for start-up and equipment costs of the Tri-County Community Action Program dental facility. INEXPEDIENT TO LEGISLATE.

Rep. Fran Wendelboe for Finance: This bill would appropriate $350,000 to Tri-County Community Action Program for the purpose of funding start-up and equipment costs for a public health dental facility in Tamworth, NH, which was built with federal funds. The committee heard testimony that dental access is sorely needed in most counties to serve children on the Medicaid program. However, testimony from the Public Works Committee indicated that federal funds could have been used for this purpose and were all used for the building construction. Public Works requested Finance ITL this bill. This is the third time this matter has come before the legislature. The committee felt that it would prefer to work on access to dental care as a state wide issue as part of the budget process. Vote 24-0.

HB 402-FN-A, making an appropriation to the Good Neighbor Health Clinic. INEXPEDIENT TO LEGISLATE.

Rep. Larry A. Emerton for Finance: This bill would appropriate $50,000 a year for two years to the Good Neighbor Health Clinic in White River Junction, Vermont. The clinic is supported, in part, by volunteer time given by physicians and dentists and a $65,000 appropriation from the State of Vermont. Approximately 60% or about 550 of their clients are residents of New Hampshire. Most of their patients are "low income adults" who have little or no insurance, and live in the Upper Valley region of New Hampshire and Vermont. The clinic provides an excellent much needed service to those clients on a limited budget. As there are several other clinics of this type located on the New Hampshire/Vermont border, it was suggested by the committee that they get together with the New Hampshire Department of Health and Human Services to coordinate their operation and come back to us for help in the future. Vote 21-3.

HB 417-FN-A, making a supplemental appropriation to the department of safety for overtime pay to state troopers. OUGHT TO PASS WITH AMENDMENT.

Rep. Stephen B. Stepanek for Finance: The Department of Safety came before the committee with a request to appropriate $375,000.00 for state police overtime pay. When questioned as to why this overtime account was overspent we were told that their request for this line item was cut and that is why they now needed to request an additional appropriation. The committee determined that instead of appropriating new money the more correct accounting method would be to authorize the Department of Safety to transfer the funds from other line items within their budget, which had surpluses, into this line item so long as those transfers did not exceed $375,000.00. Vote 19-1.

Amendment (0171h)

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

AN ACT allowing the department of safety to transfer funds within the budget of the division of state police.

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

1 Transfers Authorized. Notwithstanding the provisions of RSA 9:16, RSA 9:16-a, RSA 9:17, RSA 9:17-a, and RSA 9:17-c, the commissioner of administrative services, upon the request of the commissioner of safety, is authorized to transfer within and among any and all components and class codes of the budget of the division of state police for fiscal year 2007, regardless of funding source or mix, sufficient funds to cover overtime obligations for state police overtime, witness fees, and the accompanying benefits. The total amount transferred shall not exceed $375,000. When making the transfers, every effort shall be made to maintain the original funding sources for the amounts transferred.

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

AMENDED ANALYSIS

This bill allows the department of safety to transfer funds appropriated for fiscal year 2007 within the budget of the division of state police.

HB 590-FN, changing the state migratory waterfowl stamp into a license issued by the fish and game department. OUGHT TO PASS WITH AMENDMENT.

Rep. Mark S. Clark for Fish and Game: This bill changes the migratory waterfowl stamp program into a license. The bill as amended will save the Fish and Game Department approximately $11,000.00 a year. The savings are in the reduction of the administrative costs associated with the stamp program. The department’s goal is to be efficient as possible. This bill helps accomplish that goal. Vote 14-0.

Amendment (0342h)

Amend the bill by replacing section 3 with the following:

3 Application; Fees; Waterfowl Licenses. Amend RSA 214:9, XII to read as follows:

XII.[~~(a)~~] If the applicant wishes to hunt migratory waterfowl, $4.00, and the agent shall thereupon issue a state migratory waterfowl [~~stamp~~] license which shall entitle the licensee to hunt, shoot, kill, and take migratory waterfowl during such time and in such manner and numbers as may be allowed under RSA 209:6. [The agent shall be entitled to retain a fee of $.50 for each migratory waterfowl stamp sold and all migratory waterfowl stamps sold at the department headquarters or any subagency thereof shall charge the same fee which shall be credited to the general fish and game fund.

(b) Notwithstanding any of the general provisions for the expiration of fish and game licenses, any state migratory waterfowl stamp issued under subparagraph (a) shall expire on June 30 of each year.]

HB 657, authorizing the executive director of fish and game to issue moose hunting adventure permits. OUGHT TO PASS WITH AMENDMENT.

Rep. Lyle E. Bulis for Fish and Game: This bill creates an opportunity for terminally ill youths to have an opportunity to fulfill a lifetime wish. There will be two (2) permits available for all legal game each species. These would include moose, bear, deer, turkey, game birds, and waterfowl. These permits will be granted to the national organization “Hunt of a Lifetime.” Any local sponsoring organizations must work with this national organization to assure fairness in administration of this program. Vote 13-0.

Amendment (0613h)

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

1 New Section; Fish and Game; Moose Hunting Adventure Permits. Amend RSA 208 by inserting after section 1-a the following new section:

208:1-aa Hunting Adventure Permits. Notwithstanding the application, licensure, and permit requirements of Title 18, the executive director of fish and game may annually issue, at no cost, up to 2 licenses or permits to Hunt Of A Lifetime, Inc., to provide hunting adventures to New Hampshire residents under 21 years of age with life-threatening, critical, or terminal illnesses. These licenses or permits shall be in addition to any limited hunting permit opportunities issued under Title 18, shall be at no cost to the organization, shall be valid anywhere in the state open to the taking of the species selected, and shall be valid to take game as specified in RSA 207:1, IX of either sex during the established hunting season for that species, with the exception of moose permits which shall be valid from October 1st through the end of the regular moose season. If the person using the permit is not properly licensed, he or she shall be exempt from licensing requirements under RSA 214:1 and hunter education requirements under RSA 214:23-a. The hunter shall be accompanied by a properly licensed person who is 21 years of age or older. The provisions of Title 18 and rules adopted thereunder which relate to method and manner of taking and reporting shall apply to hunting adventure permits.

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

AMENDED ANALYSIS

This bill authorizes the executive director of fish and game to issue up to 2 moose hunting adventure permits to a nonprofit organization providing hunting adventures to persons under 21 years of age with life-threatening, critical, or terminal illnesses.

HB 658, prohibiting the taking of game by use of a tranquilizer. OUGHT TO PASS.

Rep. Margaret E. Porter for Fish and Game: This bill prohibits the use of a tranquilizer propelled from a bow, crossbow, or firearm for taking game animals or game birds. This does not apply to the Executive Director of Fish and Game or the Executive Director’s authorized agents. This bill is supported by the Fish and Game Department and the Fish and Game Commissioner. Vote 13-0.

HB 286-FN, relative to a Medicaid waiver for family planning services. OUGHT TO PASS.

Rep. Barbara C. French for Health, Human Services and Elderly Affairs: This bill requires the Department of Health and Human Services to develop a Medicaid waiver to extend Medicaid-allowable family planning services to Medicaid-eligible clients. New Hampshire currently provides only 60 days of postpartum family planning services for eligible women. Family planning waivers extend the period of time for Medicaid-enrolled women to receive approved family planning services. It also leads to better health outcomes for both the mother and child. This will be cost neutral to the state Medicaid program. Vote 18-0.

HB 299, relative to the sale of hypodermic syringes. INEXPEDIENT TO LEGISLATE.

Rep. Joan H. Schulze for Health, Human Services and Elderly Affairs: If enacted, this bill would eliminate a program that has been legislatively in place since 2000, saving lives of New Hampshire citizens. HIV/AIDS and Hepatitis C are transmitted through blood. This program permits the sale of 10 syringes to persons over age 18 years without a prescription from a pharmacy. Single use syringes are advised for injection drug users. Pharmacy participation is voluntary; no registration is required prior to participation. Pharmacies are required to distribute a brochure containing information about drug treatment, HIV screening and syringe disposal to all individuals purchasing syringes without a prescription. The sponsors of this bill did not cite any negative effects of the program in place. They did state persons from the border state of Massachusetts were purchasing needles/syringes in New Hampshire. Massachusetts and all other New England states have availability of needles at pharmacies. Lives have been saved with this program. We don’t want to expose anyone to dirty needles. This is a prevention tool. The committee strongly supports the ITL vote and believes passage of this bill would be a step backwards. Vote 17-0.

HB 327, relative to pharmacy-based immunization delivery. OUGHT TO PASS WITH AMENDMENT.

Rep. Peter L. Batula for Health, Human Services and Elderly Affairs: This bill as amended has a clear intent to assist the general public in getting a vaccination if the governor declares a state of emergency during a situation like a pandemic. Under current law, the governor, in a declaration of a state of emergency, can call upon trained pharmacists to assist in vaccinating the public. This bill as amended allows that vaccination to occur in a pharmacy if a state of emergency is declared. Because of a current high vaccination rate in this state, the committee saw no reason to expand further the authorization consent. Vote 17-0.

Amendment (0343h)

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

AN ACT allowing collaborative pharmacy practice agreements to include pharmacy locations during declared emergencies.

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

1 New Subparagraph; Pharmacies; Collaborative Pharmacy Practice Agreements. Amend RSA 318:16-a, III by inserting after subparagraph (d) the following new subparagraph:

(e) Pharmacy locations during a state of emergency declared by the governor.

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

AMENDED ANALYSIS

This bill allows collaborative pharmacy practice agreements to include pharmacy locations during a declared state of emergency.

HB 345, relative to certification of death certificates. OUGHT TO PASS WITH AMENDMENT.

Rep. Joan H. Schulze for Health, Human Services and Elderly Affairs: The prime objective of this bill is to improve the accuracy and timeliness of the completed death certificate. This is best accomplished by making two changes to the “Burial and Internment” and “Vital Records Administration” statutes: 1) granting Advanced Registered Nurse Practitioners (ARNP) the authority to certify as to the cause of death; and, 2) requiring that all certifying providers do so by electronic means. Certification as to a cause of death is most likely to be accurate when done by the provider who diagnosed and treated the patient in the last illness. (If a death is unexpected, it falls to the State Medical Examiner to determine cause.) Although this was always a physician when Chapter 290 was first enacted (1935), that is no longer the case. Patients who die at home or in a nursing home are often under the care of an ARNP in their final days. The ARNP has the most current and accurate knowledge relative to cause of death and should be the provider of choice to certify the death record. The NH Board of Nursing has affirmed that the knowledge and skills needed to identify the cause of death for patients in their care is within the existing scope of practice of the nurse practitioner. Scope of practice for the nurse practitioner is codified in law, in the newly revised and updated Nurse Practice Act (NH RSA 326-B). HB 345 would make the outdated burial and vital records statutes consistent with the Nurse Practice Act and current medical practice. Ten other states, including ME, MA and CT, authorize this practice. The second issue is the electronic filing. By requiring all certifying providers to complete the death certificate electronically, accuracy and timeliness are further enhanced. For example, the computer software to be used by the state will not accept misspelled entries or incomplete dates. Electronic filing also expedites the process, which allows family members to move forward with funeral arrangements, especially important in cases where the remains are to be cremated or transported across state lines. The principal cost associated with this change is in training the certifying providers, but funds exist within the department to cover this cost. The amendment eliminates the committee which was to determine statutory changes necessary to accomplish changes made in section one of the original bill. It also clarifies statutes germane to this bill. This bill represents a collaborative effort of the stakeholders, and offers a win-win solution. There was no opposition. Vote 15-1.

Amendment (0087h)

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

1 Vital Records; Definition Added. Amend RSA 5-C:1, I to read as follows:

I. “Advanced registered nurse practitioner” or “ARNP” means a registered nurse currently licensed by the New Hampshire board of nursing under RSA 326-B:18.

I-a. “Ancestry” means the nationality, lineage, or country in which the person or his or her ancestors were born before their arrival in what is now the United States, and includes American Indians and native Alaskans, and reflects what the person considers himself or herself to be and is not based on percentages of ancestry.

2 Vital Records; Definitions. Amend RSA 5-C:1, III-V to read as follows:

III. “Attending physician” or “ARNP” means that physician or ARNP, if any, who treated the patient during his or her last sickness.

IV. “Certifier” means the person attesting to the facts of a vital record event.

V. “Certifying physician” or “ARNP” means the physician or ARNP who determines and indicates the cause of death.

3 Death Registration Forms. Amend RSA 5-C:62, I to read as follows:

I. For every death that occurs in the state of New Hampshire, a death record shall be filed electronically by a funeral director, certifying physician or ARNP, next of kin, designated agent, or clerk of the town or city with the division within 36 hours of death and prior to final disposition or entombment.

4 Death Registration Forms. Amend RSA 5-C:62, II(e) to read as follows:

(e) If the place of death is a hospital, the record shall indicate: whether the person was an in-patient or whether the person was an outpatient or emergency room patient, in which case the person shall have arrived alive at the hospital’s emergency room and died while in the emergency room as an outpatient. The record shall also indicate whether the person was transported while alive to the hospital but determined by a physician or ARNP to be dead at the time the hospital received the body. The city or town where the hospital is located shall be shown as the city or town of death occurrence.

5 Death Registration Forms. Amend RSA 5-C:62, III(c)-(e) to read as follows:

(c) The official capacity of the registered nurse or physician, which shall be: attending/associate physician or ARNP; non-attending physician or ARNP; pronouncing registered nurse; medical examiner/deputy medical examiner; temporary/assistant medical examiner; or assistant deputy medical examiner, non-physician.

(d) The date pronounced.

(e) Certification that the above information provided is true, which shall include but not be limited to the pronouncing person’s signature; the name and title of the individual who pronounced death; the New Hampshire license number of the physician or ARNP, if applicable; whether the death was referred to the medical examiner; and the name and address of the physician or ARNP responsible for determining the cause of death. The individuals listed above shall provide or verify for the death record whether or not the death was referred to the medical examiner.

6 Death Registration Forms. Amend RSA 5-C:62, IV-VI to read as follows:

IV. The individuals listed in paragraph III, except the pronouncing registered nurse, shall provide the following information:

(a) The immediate cause of death and the interval between onset and death; other factors or conditions of which death was a consequence, when applicable, and the interval between onset and death; other significant conditions contributing to death but not related to the immediate cause of death.

(b) Whether or not an autopsy was performed and whether or not autopsy findings were available prior to the determination of the cause of death.

(d) If the death involved an injury, the month, day, year, and time of injury shall be provided. If the exact date of injury is unknown, it shall be approximated by the person completing the medical certification, noted as approximated or estimated on the death record, and, if it is not possible for the physician or ARNP to make an estimation, the date of injury shall be indicated as “unknown”. If the exact time of injury is unknown, it shall be approximated by the person completing the medical certification and noted as approximated or estimated on the death record. If it is not possible for the physician or ARNP to make an estimation, the time shall be indicated as “unknown.” “Unknown a.m.” or “unknown p.m.” shall not be an acceptable entry. The record shall also indicate whether the injury occurred while at work, a description of how the injury occurred, and the physical location or place of injury.

(e) The name, address, title, and license number of the certifier and the date certified.

V. The certifying physician or ARNP shall indicate whether he or she is or is not the same individual who pronounced the death. The certifying physician or ARNP shall indicate whether he or she is the medical examiner. He or she shall sign the form, attesting to the veracity of the information as follows:

(a) A certifying physician or ARNP shall attest to the veracity of the stated time, date, and place that the death occurred.

(b) A medical examiner shall attest to the veracity of the stated time, date, place, cause, and manner of the death.

VI. The attending or certifying physician or ARNP shall provide the following information for a supplemental death certificate: the deceased’s name; the date of death; the time of death; the place of death; the name of the pronouncer; the New Hampshire [~~physician~~] license number of the pronouncer; the official capacity of the pronouncer; the date pronounced dead; the signature of the pronouncer; the date signed; whether this death was referred to the medical examiner; the cause of death; the performance of autopsy, indicated as yes or no; the availability of autopsy findings prior to determination of cause of death, indicated as yes or no; the manner of death; the time, date, and place of injury; whether or not the injury occurred at work; the description of how the injury occurred; the location specified as street and number or rural route number, city or town, and state; the name of the certifier; the signature and title of the certifier; the New Hampshire [~~physician~~] license number of the certifier; the date signed; and the name and address of the person who determined the cause of death.

7 Initiation of the Death Record. Amend RSA 5-C:63, I-VIII to read as follows:

I. When a death occurs in a hospital or health care facility and the death is not under the jurisdiction of a medical examiner pursuant to RSA 611:4, the person in charge of such facility, or his or her designated representative, shall provide the funeral director, next of kin, or designated agent with: a partially completed death record and the name and address of the physician or ARNP who will be responsible for supplying the cause of death information before the body is removed.

II. The funeral director, next of kin, or designated agent shall, pursuant to RSA 290:12, leave with the hospital or health care facility, or with the person from whom the body is received, a receipt showing the name of the decedent, the name and license number of the funeral director, if applicable, the name and address of the person to whom the body is released, and the date and hour of removal from the facility.

III. No hospital or other health care facility shall give a partially completed death record which includes medical certification or which is awaiting medical certification to anyone other than a funeral director, next of kin, or designated agent.

IV. When a death occurs some place other than an institution, the funeral director, next of kin, or designated agent, who first assumes custody of the dead body, shall initiate the death record if the attending physician or ARNP has not done so.

V. The funeral director, next of kin, or designated agent shall obtain the information on the deceased for completion of the death record from the next of kin or the best qualified person or source available and shall obtain the medical certification from the attending physician or ARNP or medical examiner if not already provided.

VI. If additional information becomes known regarding the death, an additional death record marked “supplemental” shall be sent to the division and shall include information listed in RSA 5-C:62, VI.

VII. Upon receipt and inspection of a paper death certificate the state registrar shall return an incomplete certificate to the appropriate persons for completion or verify that the certificate is complete by signing and dating the certificate.

VIII. The reverse side of the death certificate shall contain a notice to the physician or ARNP regarding the release of a body in accordance with RSA 290:2-a, the necessity of a pronouncement in accordance with RSA 290:1-b and indication of who can provide alternate signatures in the absence of the attending physician or ARNP, in accordance with RSA 290:1-b. The reverse side of the certificate shall also contain a reference to those categories of death that fall under the jurisdiction of the medical examiner as specified in RSA 611:4.

8 Medical Certification of the Death Record. Amend RSA 5-C:64 to read as follows:

5-C:64 Medical Certification of the Death Record.

I. Medical certification shall consist of the pronouncement of death and the medical certification of the cause of death.

II. The medical certification on the death record shall be completed by the attending physician or ARNP or certifying physician or ARNP and made available to the funeral director, next of kin, or designated agent as soon as possible but no later than 36 hours after the time of death.

III. Medical certification of the death record shall be the direct responsibility of the attending physician or ARNP unless the death is referred to the medical examiner pursuant to RSA 611:4.

IV. For cases where a death is not within the jurisdiction of the medical examiner, the attending physician’s or ARNP’s responsibility to complete the death certificate shall be as follows:

(a) For deaths occurring in a hospital, the attending physician or ARNP shall be that physician or ARNP who had been responsible for the treatment of the patient while the deceased had been hospitalized.

(b) For deaths occurring in a nursing home or in a similar non-acute care hospital or institution, the attending physician or ARNP shall be the physician or ARNP who regularly attends to the medical needs of the nursing home residents or the resident’s personal physician or ARNP if the resident was under the care of such physician or ARNP.

(c) For deaths occurring at home, the attending physician or ARNP shall be the deceased’s own physician or ARNP.

V. In all instances, medical certification shall include the cause of death information and contain the pronouncement of death.

VI. In the absence of the deceased’s attending physician or ARNP, or with the attending physician’s or ARNP’s approval, the medical certification of a death due to natural causes shall be completed by one of the following individuals: the attending physician’s or ARNP’s associate physician or ARNP in medical practice, the chairperson of the applicable clinical department, the chief medical officer of the hospital, the physician or ARNP or designee who performed an autopsy upon the decedent, or the physician or ARNP on duty if the death occurred in the hospital emergency room. The person determining the cause of death shall attest to its accuracy. The person determining the cause of death shall have viewed the deceased within 24 hours after death.

VII. In the absence of the attending physician or ARNP, a physician or a registered nurse in accordance with RSA 290:1-b, shall pronounce that death has occurred without any reference to the cause of the death by indicating his or her official status as the pronouncing physician or as pronouncing registered nurse; attesting to the accuracy of the time, date, and place of death either by signature or by an electronic process as outlined in RSA 290:1; and providing the name and address of the physician or ARNP who will complete the medical certification.

VIII. When the death has not occurred in a hospital and circumstances require the death certificate to be certified by a medical examiner as provided by RSA 611, the following procedure shall be followed:

(a) When the cause of death cannot be determined within 36 hours, the medical examiner shall indicate the word “pending” in the cause of death section.

(b) When the manner of death cannot be determined within 36 hours, the medical examiner shall be authorized to show “pending investigation” in the manner of death section of the medical certification.

(c) If the procedure in subparagraphs (a) or (b) is followed, then the medical examiner shall provide to the division updated information on the cause of death and manner of death, as applicable, within 90 days of the date of death, or as soon as practicable in cases of missing persons, accidental deaths, or homicides.

IX. In cases where an autopsy is to be performed, the cause of death shall not be deferred pending a full report of microscopic and toxicological studies. Supplemental death certificate information shall be submitted by the medical examiner to the division as additional information becomes available and when autopsy results or other investigation indicates a need to correct the original cause of death information.

X. Pursuant to RSA 290:1, the funeral director, next of kin, or designated agent shall ensure the medical certification has been completed prior to filing the death record with the state registrar.

XI. In cases where the result of an autopsy, police investigation, laboratory report, or a similar source is needed before a final determination of the cause of death can be made, the attending physician or ARNP or the medical examiner shall utilize the term “pending” for the applicable items on the death record. The physician or ARNP shall file a statement of findings with the division within 90 days of the date of death, or as soon as practicable. The findings shall be in writing and submitted to the division on a supplemental death certificate information form supplied by the division or on the physician’s or ARNP’s letterhead and include information necessary for the completion of a supplemental death certificate.

XII. The division shall follow up with the certifying physician or ARNP or the medical examiner on any death record where cause of death was shown as “pending”. The division shall attempt to obtain the missing information by initiating a written query to the certifying physician or ARNP or the medical examiner 90 days from the date of death to determine current status of the investigation and shall initiate monthly contact thereafter until the final determination of death has been made.

XIII. When an autopsy finding differs from the original cause of death reported on the death record, the attending physician or ARNP who was responsible for the original death record shall send the division a supplemental death certificate information form to reflect the revised cause of death. The supplemental report shall be made part of the existing death record, and the division shall amend the death record with the cause of death as reported on the autopsy.

XIV. If there is any question on the part of the physician or ARNP as to whether he or she qualifies as the attending physician or ARNP under RSA 290:1, a determination shall be made by the medical examiner.

XV. If it is not possible to determine who is the attending physician or ARNP for purposes of preparing the death certificate, the matter shall be brought to the attention of the state registrar who shall make a request to the state medical examiner, or designee, to determine who the attending physician or ARNP is upon review of the facts submitted.

9 Responsibility of Funeral Director, Next of Kin, or Designated Agent. Amend RSA 5-C:66, I and II to read as follows:

I. When a funeral director, next of kin, or designated agent is requested to take custody of a body, he or she shall first ascertain whether a pronouncing physician, pronouncing registered nurse, ARNP, or a medical examiner has established the cause of death and released the body for final disposition.

II. If a physician or ARNP was present at or immediately after the death, the funeral director, next of kin, or designated agent shall obtain medical certification for the death record in accordance with RSA 5-C:64.

10 Reporting Fetal Deaths. Amend RSA 5-C:74, I to read as follows:

I. A copy of the fetal death report prepared pursuant to RSA 290:1-a and RSA 5-C:75, shall be forwarded to the division by either the person in charge of the hospital or institution where the fetal death occurred, or the physician or ARNP in attendance at or after delivery when a fetal death occurs outside a hospital or institution.

11 Delayed Registration of Death. Amend RSA 5-C:80, II- IV to read as follows:

II. A certificate of death registered 6 months or more after the date of death or the presumed date of death shall be marked “delayed” by the registrar and include the date of the delayed filing.

III. For those certificates filed 6 months or more after the date of death, the physician, ARNP, or medical examiner and the funeral director shall submit an affidavit stating the reason why the death certificate was not filed in a timely manner.

IV. In the absence of the attending physician or ARNP or medical examiner and the funeral director, the certificate shall be filed by the next of kin or designated agent of the decedent. The certificate shall be accompanied by a notarized affidavit of the person initiating the filing, swearing to the accuracy of the information and explaining the reasons why the certificate has not been filed previously. Two additional notarized or certified documents that identify the decedent, the decedent's date and place of death, and the circumstances surrounding the decedent's death shall also be attached to the certificate. A summary statement of the evidence submitted in support of the delayed registration shall be prepared by the clerk of the town or city of death occurrence on the certificate, and the certificate shall be marked “delayed.” When all of the evidence has been gathered, the clerk of the town or city of death occurrence shall forward the application for a delayed death certificate and all supporting documentation to the state registrar.

12 Queries. Amend RSA 5-C:81, II to read as follows:

II. Queries to obtain missing information or to clarify submitted information shall be made by the division to the attending or certifying physician or ARNP concerning the cause of death and related information, and to the funeral director, next of kin, or designated agent concerning all other information.

13 Amendments and Corrections to a Death Record. Amend RSA 5-C:94, II-V to read as follows:

II. The certifying physician or ARNP shall initiate corrections concerning the cause of death, in writing, to the division, by signing and completing the supplemental death certificate as described in RSA 5-C:62.

III. The correction authorization from the physician or ARNP shall be retained by the division in accordance with the retention schedule for a death record as established by this chapter. The death record shall be amended and noted as being amended.

IV. In the case where the division queries the physician or ARNP concerning the cause of death, the physician or ARNP shall send notice of the change in the cause of death directly to the division.

V. The physician’s or ARNP’s information concerning a change in the cause of death shall be retained by the division in accordance with the retention schedule for a death record established by this chapter. The death record shall be amended and noted as being amended.

14 Retention Schedule. Amend RSA 5-C:96, I(b) to read as follows:

(b) All death records, including changes affecting medical certification, submitted by the physician or ARNP to either the clerk of the town or city or the division.

15 Death Records. Amend RSA 290:1 to read as follows:

290:1 Death Records. Whenever a person shall die, the physician or advanced registered nurse practitioner attending at the last sickness shall complete and deliver to the funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17 or shall complete electronically and forward immediately to the division of vital records administration, a death record, duly signed, setting forth, as far as may be, the facts required by the department of state, division of vital records administration pursuant to RSA 5-C:63. The cause or causes of death shall be printed or typed on all records required to be furnished under this section. The funeral director, next-of-kin, or designated agent shall transmit electronically the record of death to the division of vital records administration and the certifying physician or advanced registered nurse practitioner shall then electronically complete the cause of death information into the transmitted record.

16 Fetal Death Records. Amend RSA 290:1-a to read as follows:

290:1-a Fetal Death Records. Whenever a fetal death shall occur, the attending physician or advanced registered nurse practitioner shall fill out a fetal death record. This will be solely a statistical report.

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

AMENDED ANALYSIS

This bill allows advanced registered nurse practitioners to certify death records.

HB 389, establishing a commission to study long-term care oversight and enforcement. INEXPEDIENT TO LEGISLATE.

Rep. Thomas E. Donovan for Health, Human Services and Elderly Affairs: This bill created a commission to study the survey process in nursing homes, which is reported to have become increasingly arbitrary and inconsistent. It also would evaluate whether the frail elderly are being adequately protected by the Department of Health and Human Services against abuse and neglect. The committee believed that these critical issues will be better and more expeditiously resolved by the Health and Human Services Oversight Committee. Vote 18-0.

HB 483-FN, relative to mosquito control districts. OUGHT TO PASS.

Rep. James R. MacKay for Health, Human Services and Elderly Affairs: This bill recommends putting into statute two recommendations of the Arbovirus Task Force established in 2006 by HB 1464 (Chapter 284). The first recommendation was to clarify a possible ambiguity between two statutes (RSA 141-C:25 and RSA 430). This bill would provide the same definition of a mosquito control district. The second change repeals an exemption that had been inadvertently placed in statute. There will be no exemption from the application registration certificate and permit requirements (RSA 430:33). These are essentially housekeeping changes, but they are of significance in the operation of the mosquito control districts. This bill was requested by the Department of Health and Human Services and is supported by the Department of Agriculture. Vote 17-0.

HB 490-FN, requiring hospitals to make the price of certain common procedures available to the public. INEXPEDIENT TO LEGISLATE.

Rep. Suzanne S. Butcher for Health, Human Services and Elderly Affairs: The sponsor requested that this bill be Inexpedient to Legislate, as it was requested by a constituent who has since asked that it be withdrawn. The New Hampshire Insurance Department and the Commissioner’s Advisory Committee on Health Insurance recently released the Health Care Cost of Procedure web site (HealthCost.org), so the bill is unnecessary. Vote 18-0.

HB 542, establishing a study committee to study the approval process of nursing education programs. OUGHT TO PASS.

Rep. Joan H. Schulze for Health, Human Services and Elderly Affairs: This bill will establish a committee to study the approval process of nursing education programs. There is a need to develop a system of providing nursing education programs that are fully accredited by a national body. Currently there is no New Hampshire law against anyone starting a nursing program without academic oversight and no requirement for accreditation. The current process requires legislation for someone to begin the approval procedure. The Department of Education next looks at the program, and lastly the New Hampshire Board of Nursing reviews the curriculum and faculty. Perhaps this system is backwards. There is a nursing shortage in New Hampshire. Fewer than 500 nurses graduate each year and fewer than 400 remain in New Hampshire. Another current issue is the private proprietary LPN programs that have been opening at our borders. Massachusetts requires their programs to have an affiliation with a higher education body and full national accreditation. Vermont also has accreditation requirements. Thus, the schools are opening in New Hampshire where there are no such accreditation or affiliation requirements. Legislation or administrative rules are desirable. New Hampshire Post Secondary Education rules allow individuals to apply to open a school as long as they have bonding and financial support for their program. Upon licensure, the program submits their curriculum to the Board of Nursing for review. The Board doesn’t know if the owners are truthful about the bonding or their financial status. They often do not find out until the school has left the area, leaving with the students’ money and not providing the education. Vote 18-0.

HB 152, relative to public access to meeting minutes. OUGHT TO PASS WITH AMENDMENT.

Rep. Maureen C. Mooney for Judiciary: This bill will specifically clarify the amount of time in which the minutes of public meetings are due for public inspection. The bill modifies the deadline to “not more than 5 business days” after a meeting, and explicitly defines a business day. The decision for 5 business days was the result of much discussion. However, the committee concluded that finalized minutes after 5 business days will ensure they are ready for the next meeting of the public body. Vote 16-0.

Amendment (0214h)

Amend the bill by replacing sections 1 and 2 with the following:

1 Joint Committee on Legislative Facilities; Minutes of Meetings. Amend RSA 17-E:6 to read as follows:

17-E:6 Committee Records. A record of the minutes of committee and subcommittee meetings shall be available to the public and shall be maintained in accordance with the provisions of RSA 91-A:2, II. The minutes shall include the names of members in attendance and of persons appearing before the committee, and a brief description of the subjects discussed, votes taken, and final dispositions of all actions. The minutes shall be available and open to public inspection [~~within 144 hours of~~] not more than 5 business days after the meeting. The record of the minutes of the joint committee on legislative facilities and the house and senate subcommittees shall be available at the office of legislative accounting. For the purposes of this section, a business day means the hours of 8 a.m. to 5 p.m. on Monday through Friday, excluding national and state holidays.

2 Right-to-Know Law; Minutes of Meetings. Amend RSA 91-A:2, II to read as follows:

II. All public proceedings shall be open to the public, and all persons shall be permitted to attend any meetings of those bodies or agencies. Except for town meetings, school district meetings and elections, no vote while in open session may be taken by secret ballot. Any person shall be permitted to use recording devices, including, but not limited to, tape recorders, cameras and videotape equipment, at such meetings. Minutes of all such meetings, including names of members, persons appearing before the bodies or agencies, and a brief description of the subject matter discussed and final decisions, shall be promptly recorded and open to public inspection [~~within 144 hours of~~] not more than 5 business days after the public meeting, except as provided in RSA 91-A:6, and shall be treated as permanent records of any body or agency, or any subordinate body thereof, without exception. Except in an emergency or when there is a meeting of a legislative committee, a notice of the time and place of each such meeting, including a nonpublic session, shall be posted in 2 appropriate places or shall be printed in a newspaper of general circulation in the city or town at least 24 hours, excluding Sundays and legal holidays, prior to such meetings. An emergency shall mean a situation where immediate undelayed action is deemed to be imperative by the chairman or presiding officer of the body or agency who shall employ whatever means are available to inform the public that a meeting is to be held. The minutes of the meeting shall clearly spell out the need for the emergency meeting. When a meeting of a legislative committee is held, publication made pursuant to the rules of the house of representatives or the senate, whichever rules are appropriate, shall be sufficient notice. If the charter of any city or guidelines or rules of order of any body or agency described in RSA 91-A:1-a require a broader public access to official meetings and records than herein described, such charter provisions or guidelines or rules of order shall take precedence over the requirements of this chapter. For the purposes of this paragraph, a business day means the hours of 8 a.m. to 5 p.m. on Monday through Friday, excluding national and state holidays.

AMENDED ANALYSIS

This bill requires minutes of meetings under the right-to-know law to be available for public inspection 5 business days after the public meeting. Current law requires such minutes to be available within 144 hours of the public meeting.

HB 509, relative to constitutionality of law. INEXPEDIENT TO LEGISLATE.

Rep. Lucy McV. Weber for Judiciary: The bill reserves to the General Court the sole power to determine the constitutionality of any law unless there is a specific constitutional delegation to the contrary. The committee does not believe that the desire of the sponsor will be furthered by this bill. The testimony regarding the desired result of the bill did not follow logically from the text. Vote 13-0.

HB 426, relative to workers' compensation rates and resolution of disputes relative to classification of employees or independent contractors. OUGHT TO PASS WITH AMENDMENT.

Rep. John K. Knowles for Labor, Industrial and Rehabilitative Services: This bill gives the labor commissioner legal authority to resolve disputes over employee classifications, and provides an appeal process. The cost of one new position will be $55,000, which is funded from non-general funds. Vote 17-1.

Amendment (0476h)

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

4 New Paragraph; Hearings and Awards; Premiums. Amend RSA 281-A:43 by inserting after paragraph II the following new paragraph:

III.(a) The commissioner may conduct investigations and hold hearings to resolve disputes between an employer and the employer's workers’ compensation carrier regarding whether persons engaged by the employer are employees or independent contractors for the purposes of determining whether an additional premium charge is to be paid by the employer for workers’ compensation insurance.

(b) Any party in interest aggrieved by any order or decision of the commissioner under this paragraph may appeal to the superior court.

5 Position Established. There is hereby established within the department of labor the position of administrative assistant I, labor grade 16, to carry out the responsibilities required under RSA 281-A:43, III as inserted by section 4 of this act. The position shall be funded from moneys from the workers’ compensation division of the department of labor.

6 Effective Date. This act shall take effect January 1, 2008.

AMENDED ANALYSIS

This bill authorizes the insurance commissioner to conduct investigations and hold hearings to resolve disputes regarding whether persons engaged by the employer are employees or independent contractors for the purposes of workers’ compensation. This bill also allows the insurance commissioner to conduct investigations and hold hearings regarding whether additional premium charges should be paid by an employer for workers’ compensation insurance.

HB 471-FN-A, relative to workers' compensation compliance in the construction sector and continually appropriating a special fund. OUGHT TO PASS WITH AMENDMENT.

Rep. Saghir A. Tahir for Labor, Industrial and Rehabilitative Services: This bill is the result of the work of a committee created by HB 157, Chapter 132, 2005, to study procurement methods for public works projects by state and local government agencies. Among other things, the study revealed problems in determining if contractors on state projects are in compliance with workers’ compensation laws. The bill closes a loophole in the existing law that has allowed construction workers to avoid carrying workers’ compensation insurance. The law will continue to provide for up to three executive officers in a corporation to be excluded from compulsory coverage requirements provided they are not actively engaged in on-site work on any construction site in the state of New Hampshire. Any contractor or subcontractor performing work on state transportation or other major construction projects must provide to the commissioners of transportation, administrative services, and labor verification that they are in compliance with all workers’ compensation laws. A civil penalty of up to $2,500 shall be assessed by the Commissioner of Labor to any contractor, subcontractor, or independent contractor who falsifies information or fails to comply with this law. The employer shall be assessed a civil penalty of $100 per employee per day of non-compliance. Fines will be placed in a workers’ compensation fraud fund dedicated to investigation and compliance activities pertaining to labor and insurance law. Vote 14-3.

Amendment (0449h)

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

1 Workers’ Compensation; Exclusion Limited. Amend RSA 281-A:18-a, I to read as follows:

I. Any corporation or limited liability company may elect to exclude up to 3 executive officers or members from the compulsive coverage requirements under this chapter; provided, that such exclusion shall not apply to any individual, regardless of status or title within a corporation or limited liability company, who is actively engaged in on-site work on any construction site within the state of New Hampshire.

2 New Section; State Transportation Projects; Certification of Current Workers’ Compensation Coverage Required. Amend RSA 228 by inserting after section 4-a the following new section:

228:4-b Certification of Current Workers’ Compensation Coverage Required.

I. Prior to any work being done by an individual contractor on any state transportation project carried out under this subdivision, such contractor, including all subcontractors and independent contractors, working on a highway, bridge, or other construction, reconstruction, alteration, or maintenance project funded by the department shall provide to the commissioner of transportation:

(a) A certificate of insurance of his or her current workers’ compensation coverage in New Hampshire for the classification of work to be completed on the project;

(b) A sworn statement that this coverage shall remain in effect for the duration of his or her anticipated work on the project;

(c) A completed work certificate, provided pursuant to RSA 281-A:4-b, that shall include the total number of employees anticipated to be employed by such contractor, subcontractor, or independent contractor on the project during the contract period, delineated by the National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work to be performed;

(d) A copy of the contractor’s compliance with a current written safety program, if applicable, as filed with the commissioner of labor under RSA 281-A:64, II and proof of an existing joint loss management committee as required under RSA 281-A:64, III, if applicable; and

(e) Any other information the commissioner of transportation deems necessary.

II. If any highway, bridge, or other construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under RSA 281-A:18-a is directly performing the work on a project covered under this section, such contractor, subcontractor, or independent contractor shall comply with the provisions of this section.

III. The commissioner of labor shall assess any contractor, subcontractor, or independent contractor who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of $100 per employee per day of noncompliance. The chief executive officer, chief financial officer, and members of limited liability companies shall be held personally liable for the payment of fines and such contractor, subcontractor, or independent contractor shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.

IV. There is hereby established a nonlapsing workers’ compensation fraud fund in the office of the state treasurer. All funds collected under this section shall be deposited in such fund and continually appropriated to the commissioner of labor to be used for investigations and compliance activities required under this section and related sections pertaining to labor and insurance law.

V. The commissioner of labor shall appoint as many individuals as necessary to carry out the department’s responsibilities under this section.

VI. On a quarterly basis, the commissioners of transportation and labor shall post electronically for public access and shall also circulate to all other public works construction or renovation awarding authorities of state government, including the college and university systems and the department of education office of building aid, a list of any highway, bridge, or other construction contractors, subcontractors, or independent contractors found to be in violation of this section, including the amount fined and the period of time such persons or entities shall not be allowed to bid or work on state projects.

3 New Paragraph; Major Projects. Amend RSA 21-I:80 by inserting after paragraph V the following new paragraph:

VI.(a) Prior to any work being done by an individual contractor on any major project under this section, such contractor, including all subcontractors and independent contractors, shall provide to the commissioner of administrative services:

(1) A certificate of insurance of his or her current workers’ compensation coverage in New Hampshire for the classification of work to be completed on the project;

(2) A sworn statement that this coverage shall remain in effect for the duration of his or her anticipated work on the project;

(3) A completed work certificate, provided pursuant to RSA 281-A:4-b, that shall include the total number of employees anticipated to be employed by such contractor, subcontractor, or independent contractor on the project during the contract period, delineated by the National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work to be performed;

(4) A copy of the contractor’s compliance with a current written safety program, if applicable, as filed with the commissioner of labor under RSA 281-A.64, II and proof of an existing joint loss management committee as required under RSA 281 A:64, III, if applicable; and

(5) Any other information the commissioner of administrative services deems necessary.

(b) If any construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under RSA 281-A:18-a is directly performing the work on a project covered under this section, such contractor, subcontractor, or independent contractor shall comply with the provisions of this section.

(c) The commissioner of labor shall assess any contractor, subcontractor, or independent contractor who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of $100 per employee per day of noncompliance. The chief executive officer, chief financial officer, and members of limited liability companies shall be held personally liable for the payment of fines and such contractor, subcontractor, or independent contractor shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.

(d) All funds collected under this section shall be deposited into the nonlapsing workers’ compensation fraud fund established in RSA 228:4-b, IV dedicated to investigation and compliance activities required by this section and related sections pertaining to labor and insurance law.

(e) The commissioner of labor shall appoint as many individuals as necessary to carry out the department’s responsibilities under this paragraph.

(f) On a quarterly basis, the commissioners of administrative services and labor shall post electronically for public access and shall also circulate to all other public works construction or renovation awarding authorities of state government, including the college and university systems and the department of education office of building aid, a list of any construction contractors, subcontractors, or independent contractors found to be in violation of this section, including the amount fined and the period of time such persons or entities shall not be allowed to bid or work on state projects.

4 New Section; Work Certificate for Contractors Before Beginning Their Work on Public Projects. Amend RSA 281-A by inserting after section 4-a the following new section:

281-A:4-b Work Certificate for Contractors Before Beginning Their Work on Public Projects. The commissioner of labor shall provide a work certificate form to meet the requirements of the departments of transportation and administrative services, in accordance with RSA 228:4-b or RSA 21‑I:80, VI, for contractors, subcontractors, and independent contractors to certify their compliance with RSA 281-A.

5 New Subparagraph; Workers’ Compensation Fraud Fund. Amend RSA 6:12, I by inserting after subparagraph (252) the following new subparagraph:

(253) Moneys deposited in the workers’ compensation fraud fund established in RSA 228:4-b, IV.

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

Referred to Ways and Means.

CACR 12, relating to: county personnel. Providing that: county treasurers, registers of probate, county attorneys, sheriffs, and registers of deeds shall be appointed by the county commissioners. INEXPEDIENT TO LEGISLATE.

Rep. Andy Peterson for Municipal and County Government: This constitutional amendment which proposes sweeping changes to county government encountered significant opposition when heard before the committee. Without separate elected officers, many were concerned that county government could suffer a loss of independent review procedures and transparency in decision making, now subject to the will of the voters. In addition, testimony revealed that registers of probate are not county officers per se, but rather state employees, whom the amendment includes in officials required to be appointed by the county commissioners. Vote 16-0.

HB 237, establishing a committee to study the relationship between land use regulation and the cost of housing. INEXPEDIENT TO LEGISLATE.

Rep. Robert J. Elliott for Municipal and County Government: This issue is very complicated and has been studied and re-studied many times and in many other bills.