June 1, 2001

No. 28

SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting.

SB 32, exempting dumbwaiters from the elevator law.

SB 60, relative to the authority of the board of tax and land appeals to assess attorney's fees.

SB 90, relative to misdemeanor jury trials.

SB 96-FN, repealing the requirements for resident and nonresident licenses to carry concealed weapons.

SB 97-FN, requiring the annual registration of manufactured housing parks.

SB 116-FN, relative to motor vehicle offenses which result in the death or serious bodily injury of another.

SB 171-FN, relative to the negotiation of cost items within the public employee collective bargaining process and relative to computation of leave for state police employees injured in the line of duty.

SB 180-FN-A, establishing the Hooksett district court as a full-time court and making an appropriation therefor.

SB 185, relative to push-polling.

HB 101, (New Title) requiring registered lobbyists to sign a statement concerning false statements or misrepresentation of material facts.

HB 126-FN, relative to the board of pharmacy and the regulation of pharmacists.

HB 130, relative to the maintenance of boundaries and fences.

HB 141-L, relative to regulation of junk yards.

HB 153, lowering the minimum medical cost coverage for motor vehicle liability policies.

HB 196-L, (New Title) relative to the penalty for failure to license a dog or renew a dog license.

HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws.

HB 258, establishing a task force to conduct an ongoing study of the feasibility of re-establishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon northern passenger rail service line.

HB 261-FN, including the judiciary as a public employer under the public employee labor relations act.

HB 304-FN, relative to insurance coverage for prostate cancer testing.

HB 385, changing the name, membership and duties of the office of volunteerism.

HB 543-FN, establishing the division of ports and harbors within the Pease development authority and transferring all functions, powers, and duties of the New Hampshire state port authority.

HB 614, relative to certain duties, responsibilities, and authority of the fiscal committee.

HB 697, extending the reporting date for the healthy kids subcommittee and clarifying the mission statement of the healthy kids corporation.

Ought to Pass, Senator O'Hearn for the committee.

HB 679, establishing a commission to examine models of out-of-school care for children in kindergarten through grade 12. Vote 3-0

Re-referred, Senator McCarley for the committee.

HB 726-L, relative to change of school assignment and transfers of public school pupils. Vote 3-0

Ought to pass with amendment, Senator O'Hearn for the committee.

HB 758, relative to the sale of gasoline containing ethers. Vote 5-0

Ought to Pass, Senator Prescott for the committee.

HB 105-FN-A, establishing an agricultural nutrient management program and making an appropriation therefor. Vote 5-1

Ought to Pass, Senator Hollingworth for the committee.

HB 123-FN, relative to the retirement system classification for the director of the division of safety services, department of safety. Vote 6-0

Ought to pass with amendment, Senator Eaton for the committee.

HB 181-FN, (New Title) relative to group II retirement system membership for police and corrections officers who become police trainers. Vote 6-0

Ought to Pass, Senator Below for the committee.

HB 183-FN, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system. Vote 6-0

Ought to Pass, Senator Boyce for the committee.

HB 186-FN-A, establishing a pesticides training program. Vote 6-0

Ought to Pass, Senator Gatsas for the committee.

HB 302-FN, relative to an optional retirement allowance for certain spouses upon a retiree's remarriage. Vote 6-0

Ought to Pass, Senator Hollingworth for the committee.

HB 305-FN-A, establishing a dedicated fund for certain fish and game funds to be expended for the purpose of operation game thief. Vote 6-0

Ought to Pass, Senator Gatsas for the committee.

HB 311-FN-A, increasing the fees under the laws relative to sewage disposal systems to support a position at the department of environmental services to advocate for and implement long-term septage disposal solutions in partnership with New Hampshire municipalities. Vote 6-0

Ought to Pass, Senator Below for the committee.

HB 326-FN-A, relative to the continuation of the New Hampshire task force on deafness and hearing loss and making an appropriation therefor. Vote 6-0

Ought to pass with amendment, Senator Eaton for the committee.

HB 347-FN, relative to terminal pay for certain state officials or employees. Vote 6-0

Ought to pass with amendment, Senator Barnes for the committee.

HB 350-FN, relative to persons with disabilities participating in the work incentive program. Vote 6-0

Ought to Pass, Senator Hollingworth for the committee.

HB 393-FN, relative to plant nurseries and nursery stock. Vote 4-2

Ought to Pass, Senator Gatsas for the committee.

HB 459-FN, relative to inspection requirements for antique vehicles. Vote 6-0

Ought to Pass, Senator Boyce for the committee.

HB 471-FN, (New Title) relative to fish and game licenses issued to resident and nonresident minors and relative to complimentary fishing licenses for legally blind persons. Vote 6-0

Ought to Pass, Senator Eaton for the committee.

HB 477-FN, relative to supplemental allowances for certain retired group I members of the New Hampshire retirement system. Vote 6-0

Ought to Pass, Senator Hollingworth for the committee.

HB 570-FN, relative to the unemployment compensation law. Vote 6-0

Ought to pass with amendment, Senator Barnes for the committee.

HB 606-FN, relative to the Christa McAuliffe planetarium. Vote 6-0

Ought to Pass, Senator Boyce for the committee.

HB 637-FN, (New Title) requiring annual training for members of the workers' compensation appeals board. Vote 6-0

Ought to Pass, Senator Eaton for the committee.

HB 769-FN-L, relative to fees paid by municipalities for excavating and dredging permit applications. Vote 6-0

Ought to Pass, Senator Hollingworth for the committee.

HB 499, making state-appointed advisory committees subject to the right-to-know law. Vote 4-0

Ought to pass with amendment, Senator Roberge for the committee.

HB 554-FN, establishing a division of information technology within the department of safety. Vote 4-0

Ought to Pass, Senator Flanders for the committee.

HB 738, establishing a commission to assess the operating efficiency of state government.

SPLIT REPORT: Inexpedient to Legislate, Senator O'Neil for the committee. Vote 2-2

SPLIT REPORT: Ought to Pass, Senator Roberge for the committee. Vote 2-2

HB 405, establishing a committee to study the creation of an at-home infant child care program in New Hampshire. Vote 3-0

Ought to pass with amendment, Senator Wheeler for the committee.

HB 743, transfers the department of youth development services to the department of health and human services. Vote 3-2

Ought to pass with amendment, Senator McCarley for the committee.

Senate Education

May 23, 2001

2001-1286s

04/09

Amend the introductory paragraph of RSA 193:3, III(a) as inserted by section 2 of the bill by replacing it with the following:

III.(a) Each school board shall establish a change of school assignment policy, based on the best interest of the pupil, authorizing the superintendent to re-assign a pupil from the public school to which he or she is currently assigned to another public school, or to approve a request from another superintendent to accept a transfer of a pupil from a school district that is not part of the school administrative unit, without further approval from the school board, provided that the following conditions are met:

Senate Finance

May 31, 2001

2001-1405s

10/04

Amend the bill by replacing section 3 with the following:

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

Senate Finance

May 31, 2001

2001-1413s

05/10

Amend the bill by replacing section 5 with the following:

5 Appropriation. To foster the stability and effectiveness of the newly established Northeast Deaf and Hard of Hearing Services, Inc., or other qualified deaf and hard of hearing consumer governed organizations, an appropriation in the amount of $10 is made for each year of the biennium to the governor’s commission on disability for the purpose of supporting the designated non-profit organization’s development and to assist it in securing contracts, private and public grants, and other funding sources for the organization’s continued operation. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

Senate Finance

May 31, 2001

2001-1416s

04/01

Amend the bill by replacing section 3 with the following:

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

Senate Finance

May 31, 2001

2001-1419s

08/03

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

AN ACT relative to the unemployment compensation law and creating a dedicated fund for the job training program for economic growth and making certain changes to the program.

Amend the bill by replacing all after section 6 with the following:

7 Administrative Contribution to the Training Fund. Amend RSA 282-A:87, IV(a) to read as follows:

IV.(a)(1) Each employer subject to payment of contributions pursuant to RSA 282-A:69, I shall have its rate reduced by 1/10 of one percent beginning in the second quarter of 1996. An administrative contribution equal to the amount of this reduction shall be paid by all such employers.

(2) Commencing July 1, 2001, after deduction of all costs incurred in the collection of the administrative contribution, 1/3 of the quarterly administrative contribution collected, not to exceed $1,000,000 annually, shall be deposited each quarter in the fund established by RSA 282-A:138-a and shall be expended only as provided by and for the purposes provided in that section. The remaining quarterly administrative contribution collected shall be [and] deposited in the fund established by RSA 282-A:140 and shall be expended only as provided by and for the purposes provided in that section, and not for any other purpose.

(3) In the event the unemployment compensation trust fund fails to equal or exceed $275,000,000 throughout the preceding calendar quarter, the funds referred to in subparagraph IV(a)(2) shall not be deposited as provided in that section but shall be deposited in the fund established by RSA 282-A:140 and shall be expended only as provided by that section, and not for any other purpose.

8 New Section; Training Fund Established. Amend RSA 282-A by inserting after section 138 the following new section:

282-A:138-a Training Fund.

I. There is hereby created in the state treasury a special fund to be known as the training fund. Commencing January 1, 2002, the moneys in this fund may be used, solely as determined by the commissioner of the department of employment security in accordance with rules and guidelines adopted by the commissioner, for funding training under the job training program for economic growth, established under RSA 188-F:49-56. Rulemaking authority relative to administration of the grant award process shall remain with the commissioner of regional community-technical colleges pursuant to RSA 188-F:52, II(a).

II. The commissioner of employment security shall act as the fiscal agent for moneys deposited in the training fund. All costs incurred by the commissioner acting as fiscal agent of the training fund shall be paid from such fund.

III. Any interest earned on the moneys in this fund shall be deposited in the fund established by RSA 282-A:140 and shall be expended only as provided by that section, and not for any other purpose.

IV. Any moneys paid into the training fund during a calendar year, which are either not obligated by June 30 of the following year or spent by June 30 of the year thereafter, shall lapse and be deposited into the fund established by RSA 282-A:140 and shall be expended only as provided by that section and not for any other purpose.

9 Grant Review Committee. RSA 188-F:52, II (b) is repealed and reenacted to read as follows:

(b) Seat a grant review committee consisting of the following:

(1) The commissioner of the department of regional community-technical colleges, or designee.

(2) The commissioner of the department of employment security, or designee.

(3) The commissioner of the department of resources and economic development, or designee.

(4) One member representing labor, nominated by the commissioner of regional community-technical colleges and approved by the board of trustees.

(5) Three members representing business and industry. The governor, senate president, and speaker of the house of representatives shall each appoint one such member. No individual shall concurrently serve as a representative of business and industry while a member of the workforce opportunity council or an employee of any business represented thereon, or while a member or employee of any other entity represented on the grant review committee.

(6) One senator appointed by the senate president.

(7) One representative appointed by the speaker of the house of representatives.

(8) The president of the Workforce Opportunity Council, Inc.

10 New Paragraphs; Additional Eligibility for Training Grants. Amend RSA 188-F:53 by inserting after paragraph VI the following new paragraphs:

VII. Intent by a business to locate within the state shall be established to the satisfaction of the grant review committee. A minimum requirement for intent to be established shall be:

(a) Proof of substantial investment or a binding contractual obligation consistent with such intent;

(b) The lease or purchase of real estate or equipment within the state necessary for the planned move; or

(c) Such other requirement as may be established under rules adopted by the commissioner of regional community-technical colleges.

VIII. Submission of documents to substantiate proof of intent by a business to locate within the state shall be in accordance with rules adopted by the commissioner of regional community-technical colleges.

IX. No grant shall be made to the state including the state university system.

X. No grant shall be made to any county, city, town, or other political subdivision which has not currently elected to pay contributions pursuant to RSA 282-A:71, II.

XI. No grant shall be made to any organization or group of organizations, described in section 501(c)(3) and exempt under section 501(a) of the Internal Revenue Code which has not currently elected to pay contributions pursuant to RSA 282-A:69, II.

11 Cap on Administrative Costs. RSA 188-F:54, IV is repealed and reenacted to read as follows:

IV. The department shall be authorized to use no more than 10 percent, or $100,000, of any moneys received from the training fund established at RSA 282-A:138-a, whichever is less, to administer this program.

12 Performance Criteria and Reporting. RSA 188-F:56, I is repealed and reenacted to read as follows:

I. No later than April 1, 2002, the grant review committee shall establish performance criteria. The committee shall submit annually at the end of each fiscal year, to the commissioner of the department of regional community-technical colleges, the commissioner of the department of employment security, the governor, the senate president, the speaker of the house of representatives and the fiscal committee of the general court a report indicating the level of performance achieved through the program. Performance indicators shall include, at a minimum, the number of existing jobs retained, the number of existing employees retained, and the number of new jobs created, as a result of this program.

13 Repeal. The following are repealed:

I. RSA 282-A:87, IV (e), relative to advisory council role if employment security programs devolve to the state.

II. 1996, 49:6, II, relative to designating a portion of employer contributions for unemployment compensation to the contingent fund.

III. 1996, 49:7, III, relative to effective date of paragraph II of section 6.

14 New Subparagraph; Training Fund. Amend RSA 6:12, I by inserting after subparagraph (dddd) the following new subparagraph:

(eeee) Moneys deposited in the training fund established by RSA 282-A:138-a.

15 Effective Date.

I. Section 2 of this act shall take effect June 30, 2002.

II. Section 6 of this act shall take effect upon its passage.

III. Paragraphs I and III of section 13 of this act shall take effect 60 days after its passage.

IV. The remainder of this act shall take effect July 1, 2001.

2001-1419s

AMENDED ANALYSIS

This bill makes adjustments to the maximum benefit amounts payable under the unemployment compensation law effective July 1, 2001 and June 30, 2002; increases certain late filing fees; eliminates certain required annual audits of funds administered under RSA 282-A; and changes certain timing requirements under the unemployment compensation law.

This bill also repeals the prospective repeal of RSA 282-A:87, IV relative to designating a portion of employer contributions for unemployment compensation to the commissioner’s contingent fund. It establishes a new dedicated fund to be used to fund the job training program for economic growth using a portion of the employers’ administrative contribution to the unemployment compensation trust fund. Any moneys in the training fund which are not expended within 2 years from the end of the fiscal year in which they accrue will lapse into the contingent fund of the commissioner of employment security.

This bill also changes the membership of the grant review committee of the job training program for economic growth, adds new eligibility requirements for training grants, raises the amount available for administering the program, and changes the grant performance reporting procedure.

Internal Affairs

May 31, 2001

2001-1418s

01/10

Amend RSA 91-A:1-a, I(b) as inserted by section 1 of the bill by replacing it with the following:

[II.](b) The governor's council and the governor with the governor's council; including any advisory committee established by the governor by executive order or by the governor’s council;

Public Institutions, Health and Human Services

May 23, 2001

2001-1275s

05/03

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

AN ACT relative to the advisory council on child care’s study of the creation of an at-home infant child care program in New Hampshire.

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

1 Study of the Creation of an At-Home Infant Child Care Program by the Advisory Council on Child Care. The advisory council on child care, established under RSA 126-A:17, shall study the creation of an at-home infant child care program in New Hampshire.

I. The council shall:

(a) Study the Minnesota at-home infant child care program, Minn. Stat. section 3400.0235, and solicit such information from program administrators as may be helpful to the council in assessing the structure and success of the Minnesota program.

(b) Consider the means by which an at-home infant child care program could be established in New Hampshire, including program structure, department administration, and funding sources.

(c) To the extent feasible and appropriate, develop draft legislation for an at-home infant child care program in New Hampshire.

II. The council shall report its findings and any recommendations to all members of the advisory council on child care, the governor, and the state library on or before November 1, 2001.

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

2001-1275s

AMENDED ANALYSIS

This bill directs the advisory council on child care to study the creation of an at-home infant child care program in New Hampshire.

Public Institutions, Health and Human Services

May 31, 2001

2001-1415s

05/09

Amend the bill by inserting after section 20 the following and renumbering the original sections 21-23 to read as 22-24, respectively:

21 Effect of Transfer on Administrative Rules. The existing rules of the department of youth development services shall remain in effect until they are amended, repealed, or expired.

FINANCE, Room 103, SH

INTERNAL AFFAIRS, Room 103, LOB

JUDICIARY, Room 103, LOB

PUBLIC AFFAIRS, Room 105-A, SH

PUBLIC INSTITUTIONS, HEALTH & HUMAN SERVICES, Room 101, LOB

TRANSPORTATION, Room 104, LOB

CAPITAL BUDGET, Room 103, SH

EDUCATION, Room 105-A, SH

EXECUTIVE DEPARTMENTS & ADMINISTRATION, Room 104, LOB

JUDICIARY, Room 103, LOB

NH COUNCIL ON APPLIED TECHNOLOGY & INNOVATION (RSA 12-H:1) Room 207, LOB

CERTIFICATE OF NEED (RSA 151-C:16) ROOMS 306-308, LOB

BREATH ANALYZER MACHINES ADVISORY COMMITTEE (RSA 106-G:1) State Police Conference Room, Department of Safety, Hazen Drive, Concord

NH BRAIN & SPINAL CORD INJURY ADVISORY COUNCIL (RSA 137-K:2) Room 205, LOB

JOINT HEALTH COUNCIL (RSA 326-B:10-b) NH Board of Nursing Room 17, 78 Regional Drive, Building 2, Concord, NH

NH DEPARTMENT OF TRANSPORTATION (TE CMAQ) North Council, The Cottage at the Rocks, 107 Glessner Road, Bethlehem, NH

NH DEPARTMENT OF TRANSPORTATION (TE CMAQ) Lakes Regional Planning Commission, Humiston Building, 103 Main Street Suite 3, Meredith, NH

NH DEPARTMENT OF TRANSPORTATION (TE CMAQ) Tracey Library, Corner of Main and Pleasant Street, New London, NH

NH DEPARTMENT OF TRANSPORTATION (Farmington 13379, Relocation of NH 153 along Meeting House Hill Road to create a single signalized 4 way intersection on NH 11 with Meeting House Hill Road) Town Hall Gymnasium, 39 North Main Street, Farmington, NH

OSTEOPOROSIS ADVISORY COUNCIL (RSA 126-I:3) Room 102, LOB

BOARD OF CLAIMS (RSA 541-B:3) Room 202, LOB

WELLNESS & PRIMARY PREVENTION COUNCIL (RSA 126-M:3) Room 207, LOB

PUBLIC HIGHER EDUCATION STUDY COMMITTEE (RSA 187-A:28) Room 105-A, SH

PERINATAL ALCOHOL, TOBACCO & OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

PUBLIC HEALTH & ENVIRONMENT RELATIONSHIP COMMISSION (HB 1390, Chapter 114, Laws of 2000) Room 205, LOB

POSTSECONDARY EDUCATION AND TEMPORARY ASSISTANCE RECIPIENTS RELATIONSHIP COMMISSION (SB 313, Chapter 122:2, Laws of 2000) Room 205, LOB

NH DEPARTMENT OF TRANSPORTATION (TE CMAQ) Community Resources Ctr. Horseshoe Pond Place, 28 Commercial Street, Concord, NH

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

TOBACCO USE ADVISORY COMMITTEE (RSA 126-K:19) Room 205, LOB

NH DEPARTMENT OF TRANSPORTATION (TE CMAQ) Exeter Library, Exeter, NH

OSTEOPOROSIS ADVISORY COUNCIL (RSA 126-I:3) Room 207, LOB

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

KIDS CABINET MEETING Governor and Council Chambers

WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62) Room 306, LOB

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C, I-93 widening) West Running Brook School, 1 West Running Brook Lane, Derry, NH

PET OVERPOPULATION COMMITTEE (RSA 437-A:7) Room 102, LOB

OIL FUND DISBURSEMENT BOARD (RSA 146-D:4) Room 305, LOB

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C, I-93-widening) Londonderry High School Cafeteria, 295 Mammoth Road, Londonderry, NH

CERTIFICATE OF NEED (RSA 151-C:16) ROOMS 306-308, LOB

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

NH HAMPSHIRE COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2), Room 103, SH

PUBLIC HEALTH & ENVIRONMENT RELATION SHIP COMMISSION (HB 1390, Chapter 114, Laws of 2000) Room 205, LOB

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

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The Clesson "Junie" Blaisdell Portrait Committee cordially invites all who knew Junie to attend the unveiling of his portrait on Tuesday, June 5, 2001 at 12:00 noon outside of the Senate Chamber on the second floor of the State House.

Senator John S. Barnes, Jr.

Senator Lou D’Allesandro

Senator Beverly A. Hollingworth

Senator Thomas R. Eaton

Senator George F. Disnard

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Senator Thomas R. Eaton

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Senator Carl R. Johnson

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For your convenience, arrangements have been made with the Town & Country Motor Inn (located directly across the street from the golf course) for special lodging rates of $44.00 plus tax per person, per night for those of you who my choose to come up early or stay late. If you choose to stay over you must book your room in advance by calling the Inn at 1-800-325-4386. Currently, we are planning other events for Sunday and Monday, details to follow.

Senator Arthur P. Klemm Jr.

Senator Robert K. Boyce

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Food, fun and frosty drinks!

Senator Beverly A. Hollingworth

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Exports play a significant role in the state's economy and your awareness of this resource will serve you well with businesses in your district.

Details of the days activities will be available in the near future.

Set the date on your calendar, you will not be disappointed.

Senator Carl R. Johnson

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As a convenience to the members of the NH General Court, the Visitors’ Center offers the following schedule of schools and other groups visiting the State House in June 2001. Please contact the Visitors’ Center concerning school tour booking information. Thank you for your continued participation with your School Visitation Program.

Kenneth Leidner, Director