June 18, 2001

2001-1692-CofC

01/10

Committee of Conference Report on SB 18, an act relative to termination of small trusts.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend RSA 564:15-a, III(c) as inserted by section 1 of the bill by replacing it with the following:

(c) For the purposes of this section, the term "small trust" shall not include a fund held by a town or other municipality under RSA 31:19 or a fund created by a town or other municipality under RSA 31:19-a.

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Gordon, Dist. 2 Rep. Craig, Hills. 38

Sen. Roberge, Dist. 9 Rep. Rowe, Hills. 14

Sen. Pignatelli, Dist. 13 Rep. Reid, Straf. 12

Rep. Espiefs, Ches. 19

2001-1692-CofC

AMENDED ANALYSIS

This bill establishes a procedure for the termination of certain small trusts.

June 20, 2001

2001-1755-CofC

09/04

Committee of Conference Report on SB 51, an act relative to financial holding companies; cash dispensing machines; the participation in meetings by out-of-state, nondepository trust company directors; and a clarification of the status of student loans.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend the bill by replacing section 3 with the following:

3 Committee to Study the Regulation of Cash Dispensing Machines.

I. There is established a committee to study the regulation of cash dispensing machines and their operators, servicing agents, and processors.

II.(a) The members of the committee shall be as follows:

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

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

(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III. The duty of the committee shall be to study the regulation of cash dispensing machines and their operators, servicing agents, and processors.

IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Two members of the committee shall constitute a quorum.

V. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2001.

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Burns, Dist. 1 Rep. Hunt, Ches. 10

Sen. Fernald, Dist. 11 Rep. L. Fraser, Merr. 9

Sen. Larsen, Dist. 15 Rep. Taylor, Straf. 11

Rep. Keye, Hills. 30

June 22, 2001

2001-1821-CofC

10/03

Committee of Conference Report on SB 53 an act relative to attorneys’ fees in certain circumstances under the workers’ compensation law.

Recommendation:

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on SB 53, an act relative to attorneys’ fees in certain circumstances under the workers’ compensation law.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Klemm, Dist. 22 Rep. Gilman, Graf. 1

Sen. Burns, Dist. 1 Rep. Clegg, Hills. 23

Sen. Wheeler, Dist. 21 Rep. Bridle, Rock. 22

Rep. Goley, Hills. 37

June 19, 2001

2001-1697-CofC

05/10

Committee of Conference Report on SB 68, an act relative to school district placements of children living in foster homes.

Recommendation:

That the House recede from its position in adopting its amendment to the bill, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend RSA 193:28, I as inserted by section 2 of the bill by replacing it with the following:

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Gordon, Dist. 2 Rep. Dearborn, Rock. 23

Sen. O’Hearn, Dist. 12 Rep. Colcord, Merr. 2

Sen. Disnard, Dist. 8 Rep. Sova, Graf. 11

Rep. C. Clarke, Merr. 4

June 18, 2001

2001-1690-CofC

03/01

Committee of Conference Report on SB 69-FN-A-LOCAL, an act relative to a New Hampshire Legal Assistance office in Nashua and making an appropriation therefor.

Recommendation:

having considered the same, report the committee is unable to reach agreement.

The signatures below attest to the authenticity of this Report on SB69-FN-A-LOCAL, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Boyce, Dist. 4 Rep. Elliott, Hills. 2

Sen. Barnes, Dist. 17 Rep. Dudley, Graf. 14

Sen. O’Neil, Dist. 18 Rep. Woods, Straf. 11

Rep. Rice, Belk. 7

June 19, 2001

2001-1711-CofC

05/10

Committee of Conference Report on SB 74, an act relative to providing services under the child protection act.

Recommendation:

That the House recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Gordon, Dist. 2 Rep. Lyman, Carr. 5

Sen. Pignatelli, Dist. 13 Rep. Gile, Merr. 16

Sen. Roberge, Dist. 9 Rep. Gargasz, Hills. 22

Rep. Palermo, Rock. 21

June 22, 2001

2001-1817-CofC

03/10

Committee of Conference Report on SB 95, an act relative to campaign contribution limits.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

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

1 Political Calendar. Amend RSA 652:21 to read as follows:

652:21 Authority; Format. Prior to the state primary election, the secretary of state with the advice and approval of the attorney general shall prepare a political calendar for state and town elections setting forth the dates when action required under the election laws must be taken. [Any action taken by any candidate or official in connection with the election laws which shall be taken in accordance with the dates set forth in said calendar shall be deemed to be duly performed for the purposes of the election laws.] The expense of printing said political calendar shall be a charge upon the appropriation for the office of the secretary of state.

2 Political Expenditures and Contributions; Definitions; Independent Expenditures. Amend RSA 664:2, XI to read as follows:

XI. "Independent expenditures" means expenditures by a person, political committee, or other entity [expressly] advocating the election or defeat of a clearly identified candidate which are not made [without] in cooperation or consultation or conjunction or coordination with any candidate, or any authorized committee or agent of such candidate, and which are not made in [concert] coordination with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate. As used in this paragraph, "clearly identified" means that the name of the candidate involved appears; a photograph or drawing of the candidate appears; or the identity of the candidate is apparent by unambiguous reference.

3 New Paragraph; Political Expenditures and Contributions; Definitions; Coordinated Expenditure. Amend RSA 664:2 by inserting after paragraph XVII the following new paragraph:

XVIII. "Coordinated expenditure" means an expenditure by a political party, a political committee of a political party, or other entity, on behalf of a candidate or candidate’s committee in a state primary or general election with the consent of the candidate. Any expenditure that is not an independent expenditure or direct expenditure shall be considered to be a coordinated expenditure.

4 Prohibited Political Contributions; General Limitations. Amend RSA 664:4, V to read as follows:

V. By any person (1) if in excess of $5,000 in value, except for contributions made by a candidate in behalf of his or her own candidacy, [or if in excess of $1,000 in value by any person or by any political committee to a candidate or a political committee working on behalf of a candidate who does not voluntarily agree to limit his campaign expenditures and those expenditures made on his behalf as provided in RSA 664:5-a,] (2) if made anonymously or under a name not that of the donor, (3) if made in the guise of a loan, (4) if any other manner concealed, (5) if made without the knowledge and written consent of the candidate or [his] the candidate’s fiscal agent, a political committee or its treasurer, or not to any one of the same.

5 Elections; Political Expenditures and Contributions; Reports; Reporting by Political Committee; Reporting by Candidates. RSA 664:6 and 664:7 are repealed and reenacted to read as follows:

664:6 Reporting by Political Committee.

I. Any political committee whose receipts of contributions or whose expenditures, including, without limitation, coordinated and independent expenditures on behalf of candidates and general operating expenditures of the committee, in support of or in opposition to a candidate, measure, or political party, exceed in the aggregate $500, shall file with the secretary of state an itemized statement, in accordance with the provisions of RSA 664:7-b. The statement shall be signed by the chairperson and treasurer of the political committee and shall list each contribution, in alphabetical order by the last name of the contributor, with the amount of the contribution, the date it was received, all of the information as is set forth in RSA 664:7-b, and the aggregate total for each election for each contributor. The statement shall be filed not later than the Wednesday 12 weeks immediately preceding a primary election, before 5 o’clock in the afternoon, and shall cover the period from the day of the committee registration up to and including the Monday before the statement is due. The statement shall contain the date of each expenditure, the name and address of the person or entity to whom each expenditure was made, the name of the candidate in whose behalf or against whom each expenditure was made, the amount of each expenditure, the purpose of each expenditure, and the aggregate amount of all previous expenditures.

II. An itemized statement in the same form as in paragraph I shall be filed with the secretary of state not later than the Wednesday 3 weeks immediately preceding a primary and a general election, before 5 o’clock in the afternoon. The statement shall summarize the statement filed pursuant to paragraph I, if any, and shall itemize all receipts of contributions and expenditures made since the cutoff of the statement filed pursuant to paragraph I up until the Monday preceding the filing of the statement under this paragraph.

III. A statement in the same form as in paragraph I shall be filed with the secretary of state not later than the Wednesday immediately preceding a primary and a general election, before 5 o’clock in the afternoon. The statement shall summarize the statements filed pursuant to paragraphs I and II, if any, and itemize all receipts of contributions and expenditures made since the cutoff of the statement filed pursuant to paragraph II up until the Monday preceding the filing of the statement under this paragraph. In addition to the reporting requirements contained in this section, the fiscal agent shall notify the secretary of state within 24 hours of any contributions exceeding $500 that are received after the statement under this paragraph is filed and prior to the day of election.

IV. An itemized statement in the same form as in paragraph I shall be filed with the secretary of state not later than the second Wednesday after a primary and a general election, before 5 o’clock in the afternoon. The statement shall summarize the previous statements, if any, and itemize all receipts of contributions and expenditures made since the cutoff of the previous report up until the day of the primary or general election.

V. Any political committee whose receipt of contributions or expenditures in the aggregate do not exceed $500 for a reporting period need not file. However, when a committee’s accumulated receipts of contributions or expenditures for an election in the aggregate exceed $500, the committee shall file a statement at the next reporting deadline.

VI. Any political committee that has any outstanding debt, obligation, or surplus following the election shall file reports at least once every 6 months thereafter in the same form as in paragraph I until the obligation or indebtedness is entirely satisfied or surplus deleted, at which time a final report shall be filed.

VII. In addition to the itemized statements required by paragraphs I-VI of this section, any political committee whose independent expenditures, in aggregate, exceed $500 shall file an itemized statement with the secretary of state not later than 24 hours after such expenditures are made, and thereafter each time a further $500 is expended. Such itemized statements shall cover the period during which independent expenditures totaling $500 were made. Each statement shall include a certification by the political committee that the independent expenditure meets the definition in RSA  664:2, XI. Each statement shall contain the date of each independent expenditure; the name and address of the person to whom the expenditure was made; the name of the candidate on whose behalf or against whom each expenditure was made; the amount of each expenditure; the purpose of each expenditure and the aggregate amount of all previous independent expenditures. If the independent expenditure is made in support of or to oppose more than one candidate, the statement made under this paragraph shall allocate the way in which the expenditure was made among the candidates on a reasonable basis. For the purposes of this paragraph, "reasonable basis" means a statement which reflects the benefit or the burden reasonably expected to be derived or suffered by each candidate. The filing requirements of this paragraph shall be in addition to all other filing requirements under this section, and shall not be limited to the filing periods during which expenditures must otherwise be reported.

VIII. Copies of the statements required by paragraphs I through VII of the state committee of a political party shall be filed with the secretary of state in sufficient numbers so as to provide a copy for the state committee of each party on the ballot, which they may obtain by application to the secretary of state.

IX. Any national political committee of a party as defined in RSA 652:11 may make contributions or expenditures on behalf of state candidates without complying with the requirements of paragraphs I through VII, provided that the total contribution or expenditure made in behalf of a candidate or political committee in this state whether directly or indirectly does not exceed the limit for personal contributions in RSA 664:4.

X. The provisions of this paragraph shall apply only to a political committee for an individual candidate who is seeking a federal office whose holder is chosen by the voters of this state only. Such a committee, which is required by federal law to file with the federal government reports relative to receipts of contributions and expenditures in support of such one candidate, may choose, at the time of registering under RSA 663:3, I, to file with the secretary of state copies of reports made to the federal government in accordance with the timetable established by federal laws for such reports in lieu of complying with the other reporting requirements of this section.

664:7 Reporting by Candidates.

I. Each candidate at the primary or general election for governor, councilor, state senator, representative to general court, or county officer, who receives contributions or makes expenditures in the aggregate that exceed $500, shall file statements before and after an election in like manner and detail as prescribed in RSA 664:6, I-VI, excepting, however, the expenditures of political committees of the party to which the candidate belongs in elections other than primaries. Any candidate who files expenditure reports pursuant to the provisions of this paragraph, and who pays more than $5,000 to any person who makes expenditures on behalf of the candidate, shall file an itemized account of the expenditures made by the person on behalf of the candidate in the expenditure report filed on the Wednesday preceding the primary or general election.

II. The candidate shall report all contributions received and expenditures made for the purpose of exploring or promoting such candidacy in the first report filed.

6 New Sections; Political Expenditures and Contributions; Reports; Form of Contributions; Content of Disclosure Reports; Campaign Finance Disclosure Record. Amend RSA 664 by inserting after section 7 the following new sections:

664:7-a Form of Contributions. No contribution may be accepted unless accompanied by the disclosure information set forth in RSA 664:7-b.

664:7-b Content of Disclosure Reports. All contributions reported pursuant to RSA 664:6 or RSA 664:7 shall be listed on forms or other means prescribed by the secretary of state. The listing for each contribution exceeding $50 shall include disclosure information. The disclosure information shall include the name; home or post office address; employer, business organization, or primary source of income; post office address of employer or business; and occupation of the contributor. Contributions shall be categorized as in-state or out-of-state. A summary of the contribution totals by category shall be included with each scheduled report. The report shall also list the aggregate total received from each contributor whose total contributions exceed $100 and the contributor’s disclosure information. All expenditures, as defined in RSA 664:2, IX and XIX, shall be reported in similar detail on forms or other means prescribed by the secretary of state.

664:7-c Campaign Finance Disclosure Record.

I. Disclosure reports required under RSA 664:6 and RSA 664:7 of candidates for governor and any disclosure reports filed by candidates for United States senator and representative to Congress may be filed in electronic format. The secretary of state shall enter these reports into an electronic campaign finance disclosure record. The secretary of state shall ensure that these disclosure reports are available through the official Internet site of the state of New Hampshire. Such reports shall also be available for paper or electronic copying at a reasonable cost.

II. The secretary of state shall compile and maintain separate cumulative disclosure reports filed under this subdivision by political committees, political committees of political parties, and candidates for executive councilor, state senator, state representative, and county office.

7 Examination of Statements of Receipts and Expenditures. Amend RSA 664:19 to read as follows:

664:19 Examination of Statements of Receipts and Expenditures. It shall be the duty of the attorney general to obtain and examine the returns of election receipts and expenditures which are made to the secretary of state and to compel such returns be made to comply with the law.

8 Political Expenditures and Contributions; Applicability of Chapter; Limitations Deleted. Amend RSA 664:1 to read as follows:

664:1 Applicability of Chapter. The provisions of this chapter shall apply to all state primary, general, and special elections, but shall not apply to presidential preference primaries. The provisions relating to political advertising, RSA 664:14 through 17-a, shall additionally apply to city, town, school district, and village district elections. [The provisions relating to voluntary expenditure limitations, RSA 664:5-a and 664:5-b, shall additionally apply to elections for United States senator and representative to Congress.]

9 Political Expenditures and Contributions; Penalty. Amend RSA 664:21, IV-V to read as follows:

IV. [In addition to the fines levied under paragraph I,] Any person who fails to file any report or statement on the date on which the report or statement is due under this chapter shall be subject to a daily fine of $25 for every weekday for which the report or statement is late and until the report or statement is actually filed, except that candidates for the general court shall be subject to a daily fine of $5 under this paragraph.

V. [The provisions of this paragraph shall apply to violations of this chapter other than the violation of RSA 664:5-a and 5-b, and] A person liable under the provisions of this paragraph shall not also be subject to the penalties imposed under [paragraphs I, II and] paragraph IV. Any person who [otherwise] violates any provision of this chapter shall be guilty of a misdemeanor if a natural person or shall be guilty of a felony if any other person.

10 Nominations; Incompatible Offices; Return of Fee. Amend RSA 655:10 to read as follows:

655:10 Incompatible Offices. No person shall file declaration of candidacy or primary petitions for nomination at the primary for incompatible offices. For the purposes of this section incompatible offices shall include the offices of governor, representative to the general court, state senator, and councilor. If any person shall file for such incompatible offices, the secretary of state shall advise the person of the provisions hereof and said person shall then advise the secretary of state which of said offices [he] the person wishes to retain in order to seek said nomination. If [a filing fee] an administrative assessment has been paid for a declaration of candidacy which [he] the person declines the fee shall be returned to [him] the person. No person shall seek or hold the position as a member of the general court and county commissioner at the same time. No person shall hold 2 of the offices mentioned in RSA 655:9 at the same time, and the acceptance of one of them shall be a resignation of the others.

11 Nominations; Posting Notice of Primary; Administrative Assessment. Amend RSA 655:12 to read as follows:

655:12 Posting Notice of Primary. Each city clerk shall distribute [such] the notices required by RSA 655:11 to the ward clerks in [his] the city. Each town and ward clerk shall, within 10 days after the receipt of such notice, cause notice of such primary to be posted in 2 public places in [his] the town or ward. Such notice shall prescribe the hour the polls are to open and the hour before which they may not close as provided in RSA 659. It shall state the offices for which candidates are to be nominated, the delegates to be elected, and any questions to be voted on, as well as the location of the central polling place and of any additional polling places. It shall also state the date before which declarations of candidacy must be filed to place names upon the ballots to be used at such primary, the officers with whom they must be filed, the [fees] administrative assessments to be paid at the time of filing such papers, and the number of primary petitions which may be submitted in lieu of the [filing fees] administrative assessments.

12 Nominations; Filing: General Provisions; Fees and Petitions Deleted. Amend RSA 655:14 to read as follows:

655:14 Filing: General Provisions. The name of any person shall not be printed upon the ballot of any party for a primary unless [he] the person is a registered member of that party, [he] the person shall have met the age and domicile qualifications for the office he or she seeks at the time of the general election, [he] the person meets all the other qualifications at the time of filing, and [he] the person shall file with the appropriate official between the first Wednesday in June and the Friday of the following week a declaration of candidacy as provided in RSA 655:17[, and

I. The appropriate filing fee as provided in RSA 655:19; or

II. The appropriate number of primary petitions as provided in RSA 655:20 and 655:22 and an assent to candidacy as provided in RSA 655:25].

13 Nominations; Administrative Assessment, Primary Petitions, and Nomination Papers. Amend RSA 655:19-c to read as follows:

655:19-c Administrative Assessment; Primary Petitions; Nomination Papers.

I. Candidates for governor, United States senator, representative to Congress, executive councilor, state senator, county officer, and state representative who file declarations of candidacy shall pay the administrative assessment in paragraph I or file primary petitions as provided in paragraph III [in addition to the filing fee and primary petition requirements of RSA 655:19 and 655:20]. Candidates for governor, United States senator, representative to Congress, executive councilor, state senator, county officer, and state representative who file declarations of intent shall pay the administrative assessment in paragraph I [in addition to the filing fee required by RSA 655:19] and shall meet the requirements of RSA 655:40-45 for nomination by nomination papers. [Neither the administrative assessment which is paid nor the primary petitions which are filed under this section, nor the nomination papers which must be submitted under RSA 655:41 and filed under RSA 655:43, shall be waived or refunded for a candidate for any of the offices listed in this section who, pursuant to RSA 664:5-a, voluntarily accepts the expenditure limitation set forth in RSA 664:5-b.] At the time of filing declarations of candidacy or declarations of intent, the administrative assessment shall be as follows:

(a) For governor and United States senator, $100.

(b) For representative to Congress, $50.

(c) For executive councilor, $25.

(d) For state senator, $10.

(e) For county officer, $10.

(f) For state representative, $2.

II. The administrative assessment paid to a town or city clerk by candidates for state representative shall be forwarded to the treasurer of the town or city and shall be for the use of the town or city. The administrative assessment paid to the secretary of state shall be deposited by [him] the secretary of state into the general fund.

III. Any person otherwise qualified to run for office who chooses not to pay the administrative assessment as prescribed in paragraph I may have his or her name printed on the primary ballot of any party by filing with the appropriate official the requisite number of primary petitions made by members of the party, together with one written assent to candidacy. The number of primary petitions to be filed for each office shall be as follows: for governor and United States senator, 200; for representative in Congress, 100; for executive councilor and county officer, 50; for state senator, 20; for state representative, 5. Candidates for delegate to the state convention shall not be required to submit any primary petitions.

14 Write-In Votes and Nomination; Filing Fees Deleted. Amend RSA 659:88, I(b) to read as follows:

(b) A person whose name was not printed anywhere on the official state primary election ballot, and who receives the nomination of a party by write-in vote in a primary election and wishes to accept the nomination, shall file a declaration of candidacy with the secretary of state no later than the second Monday after the primary. The declaration of candidacy shall be filed with the understanding that, where the form says "primary election," it shall be construed to mean "general election." [A person who files a declaration of candidacy under this section shall be subject to the requirements of RSA 655:19 and 655:19-b relative to filing fees. The person may have the filing fee waived if he is unable to pay the fee by reason of indigency.] Such person shall not[, however,] be required to pay the administrative assessment under RSA 655:19-c.

15 Repeal. The following are repealed:

I. RSA 655:19, relative to filing fees.

II. RSA 655:19-b, relative to waiver of filing fee and primary petitions.

III. RSA 655:20, relative to primary petitions.

IV. RSA 655:22, relative to number of petitions.

V. RSA 664:4, II, relative to prohibited political contributions by partnerships.

VI. RSA 664:5-a, relative to limitations on political expenditures.

VII. RSA 664:5-b, relative to political expenditure limitation amounts.

VIII. RSA 664:21, I-II, relative to campaign expenditure limitation penalties.

IX. 1998, 135, relative to waiver of filing fees and petitions for state candidates.

16 Effective Date. This act shall take effect January 1, 2002.

The signatures below attest to the authenticity of this Report on SB 95, an act relative to campaign contribution limits.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Roberge, Dist. 9 Rep. Clegg, Hills. 23

Sen. Barnes, Dist. 17 Rep. Arndt, Rock. 27

Sen. Francoeur, Dist. 14 Rep. Pappas, Hills. 48

Rep. Clemons, Hills. 31

2001-1817-CofC

AMENDED ANALYSIS

This bill:

I. Defines coordinated expenditures and changes the definition of independent expenditure.

II. Modifies the reporting requirements for political committees and candidates and defines the content of mandatory campaign finance disclosure reports.

III. Repeals the voluntary campaign expenditure limitation and filing fee provisions.

June 19, 2001

2001-1719-CofC

10/04

Committee of Conference Report on SB 111-FN, an act extending the term for the payment of group health insurance premiums for certain retired members of the retirement system.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

The signatures below attest to the authenticity of this Report on SB 111-FN, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Francoeur, Dist. 14 Rep. Dyer, Hills. 8

Sen. Flanders, Dist. 7 Rep. Zolla, Rock. 13

Sen. Hollingworth, Dist. 23 Rep. Poulin, Merr. 14

Rep. Drabinowicz, Hills. 36

June 21, 2001

2001-1789-CofC

01/09

Committee of Conference Report on SB 118, an act relative to individual health insurance coverage.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend RSA 420-G:4, I(a)(2)(B) as inserted by section 2 of the bill by replacing it with the following:

(B) The maximum differential due to health status shall be 1.5 to 1 and the maximum differential rate due to tobacco use shall be 1.5 to 1. Rate limitations based on health status do not apply to rate variations based on an insured’s status as a tobacco user.

Amend RSA 404-G:5-e as inserted by section 10 of the bill by replacing it with the following:

404-G:5-e Eligibility.

I. An individual who is a New Hampshire resident shall be eligible for coverage through the high risk pool if:

(a) The individual has applied to a carrier of individual health insurance for coverage that is substantially similar to the coverage that is available through the pool, and the carrier has refused to write or issue that coverage to that individual because of his or her health or medical condition;

(b) The individual has applied to a carrier of individual health insurance for coverage that is substantially similar to the coverage that is available through the pool, and such application has been accepted, but at a premium rate exceeding the rate available through the pool;

(c) The individual has a history of any medical or health condition that is on a list adopted by the association, or

(d) The individual is an "eligible individual" as defined in section 2741(b) of the Public Health Service Act.

II. The association shall promulgate a list of medical or health conditions for which a person shall be eligible for plan coverage without applying for health insurance coverage. Persons who can demonstrate the existence or history of any medical or health conditions on the list promulgated by the association shall not be required to provide evidence of a notice of rejection or refusal. The list shall be effective on the first day of the operation of the pool and may be amended from time to time as may be appropriate.

III. Each resident dependent of a person who is eligible for pool coverage shall also be eligible for pool coverage. If the primary insured is a child, resident family members shall also be eligible for pool coverage.

IV. New Hampshire residents who are insured through an individual policy shall be eligible for pool coverage only if the rate assessed by the individual carrier exceeds the pool rate.

V. An individual shall not be eligible for coverage under the pool if:

(a) The individual is eligible for employer sponsored health coverage, including continuation of group coverage, as either an employee or an eligible dependent; or

(b) The individual is eligible for publicly funded health insurance coverage, including Medicare, Medicaid or Title XXI; or

(c) The individual’s premiums are paid for or reimbursed by the health care provider, except if the person is an "eligible individual" as defined in section 2741(b) of the Public Health Service Act.

VI. Coverage shall cease:

(a) On the date a person is no longer a resident of this state;

(b) On the date a person requests coverage to end;

(c) Upon the date a person dies;

(d) On the date state law requires cancellation of the policy; or

(e) After the second of 2 successive inquiries made by the plan concerning the person’s eligibility or place of residence to which the person does not reply provided the person has 90 days to respond to each inquiry.

Amend the bill by replacing sections 16 and 17 with the following:

16 New Section; Healthy Kids Corporation Expanded. Amend RSA 126-H by inserting after section 6 the following:

126-H:6-a Healthy Kids Subcommittee Established.

I. The department of health and human services shall work with a subcommittee that is comprised of appropriate members of the board and that includes other members as follows:

(a) One member appointed by the New Hampshire Medical Society.

(b) One member appointed by the New Hampshire Nurses Association.

(c) One member appointed by the Home Care Association of New Hampshire.

(d) One member from a community health center appointed by the Bi-State Primary Care Association.

(e) One member appointed by the New Hampshire HMO Association.

(f) One member appointed by the University of New Hampshire School of Health and Human Services.

(g) Two consumers appointed by the governor and council.

II. The members appointed pursuant to subparagraph I(g) shall be appointed to a 2-year term.

III. The subcommittee shall:

(a) Review information on the characteristics of New Hampshire’s uninsured population, based on the results of the New Hampshire Health Insurance Coverage and Access Survey.

(b) Identify, based on the Health Insurance Coverage and Access Survey, the population groups and geographic areas that are most appropriately targeted.

(c) Examine models for affordable health coverage, including models from other states.

(d) Identify options that would be most effective.

(e) Develop cost projections for those options.

(f) Research the level of premium contributions that eligible individuals would be willing to pay.

(g) Identify potential sources of funding.

IV. The subcommittee shall elect annually from among the members a chairperson. The first meeting of the subcommittee shall be called by the commissioner of health and human services. The department of health and human services shall provide administrative staff support. The department of health and human services and the corporation shall jointly seek funding to support the subcommittee’s work.

V. The subcommittee shall make an annual report relative to its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library beginning November 1, 2002.

17 Purpose and Scope of Healthy Kids Corporation Expanded. Amend RSA 126-H:2 to read as follows:

126-H:2 Corporation Established. There is hereby created a body politic and corporate having a distinct legal existence separate from the state and not constituting a department of state government, to be known as the New Hampshire healthy kids corporation to carry out the provisions of this chapter. The corporation is hereby deemed to be a public instrumentality and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of public and essential governmental functions of the state. [The corporation shall operate at no more than 5 pilot sites to be designated by the corporation, which sites may include multiple school districts.] The corporation shall be a private nonprofit corporation and shall have all the powers necessary to carry out the purposes of this chapter, including, but not limited to, the power to receive and accept grants, loans, or advances of funds from any public or private agency and to receive and accept from any source, contributions of money, property, labor, or any other thing of value, to be held, used, and applied for the purposes of this chapter. Notwithstanding any other provision of law, any payments made by the corporation for insurance coverage for children under this chapter, either directly or indirectly, shall be exempt from the premium tax under RSA 400-A:32.

The signatures below attest to the authenticity of this Report on SB 118, an act relative to individual health insurance coverage.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Francoeur, Dist. 14 Rep. Hunt, Ches. 10

Sen. Burns, Dist. 1 Rep. Martha Fuller Clark, Rock. 36

Sen. D’Allesandro, Dist. 20 Rep. Marshall Quandt, Rock. 20

Rep. Francoeur, Rock. 22

2001-1789-CofC

AMENDED ANALYSIS

This bill establishes the health insurance risk pool for the purposes of individual health insurance coverage.

This bill also updates the mission statement of the healthy kids corporation and places the healthy kids subcommittee into the statutes.

June 20, 2001

2001-1759

01/10

Committee of Conference Report on SB 119, an act relative to small group health insurance coverage.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

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

3 New Paragraph; Limited Open Enrollment; Certain Small Employers. Amend RSA 420-G:8 by inserting after paragraph I the following new paragraph:

I-a. Small employers who are self-employed individuals shall have 2 open enrollment periods that shall occur during the months of March and September of each calendar year. During these periods, health carriers shall make their plans available to these employers for effective dates beginning on the first day of the month following the open enrollment period. Self-employed individuals who seek coverage during other times of the year shall be treated as late enrollees.

4 Effective Date.

I. Section 3 of this act shall take effect July 1, 2002.

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

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Francoeur, Dist. 14 Rep. Hunt, Ches. 10

Sen. Burns, Dist. 1 Rep. M. Fuller Clark, Rock. 36

Sen. D’Allesandro, Dist. 20 Rep. Herman, Hills. 13

Rep. Francoeur, Rock. 22

June 19, 2001

2001-1700-CofC

08/01

Committee of Conference Report on SB 130-FN, an act extending the period in which an expired electrician’s license may be renewed.

Recommendation:

having considered the same, report the committee is unable to reach agreement.

The signatures below attest to the authenticity of this Report on SB 130-FN, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Prescott, Dist. 19 Rep. Poulin, Merr. 14

Sen. O’Neil, Dist. 18 Rep. C. Hall, Hills. 18

Sen. Francoeur, Dist. 14 Rep. Dyer, Hills. 8

Rep. Schulze, Hills. 33

June 18, 2001

2001-1687-CofC

05/10

Committee of Conference Report on SB 139, an act relative to uniform electronic transactions.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as passed by the House, and pass the bill as so amended:

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

4 Contingency. If HB 745 of the 2001 legislative session becomes law, then section 2 of this act shall not take effect. If HB 745 of the 2001 legislative session does not become law, then section 2 of this act shall take effect 60 days after its passage.

5 Effective Date.

I. Section 2 of this act shall take effect as provided in section 4.

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

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Boyce, Dist. 4 Rep. Hunt, Ches. 10

Sen. Gordon, Dist. 2 Rep. L. Fraser, Merr. 9

Sen. D’Allesandro, Dist. 20 Rep. M. Fuller Clark, Rock. 36

Rep. Langley, Rock 24

June 19, 2001

2001-1737-CofC

05/01

Committee of Conference Report on SB 148, an act relative to certain penalties for violations of the youth tobacco laws.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend the bill by replacing sections 1 - 4 with the following:

1 Sale and Distribution of Tobacco Products to Minors Prohibited; License Revocation. Amend RSA 126-K:4, II to read as follows:

II. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $ 750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee’s record and counting violations that have occurred within 3 years of the date of the violation being considered.

2 Distribution of Free Samples of Tobacco Products to Minors; License Revocation. Amend RSA 126-K:5, III to read as follows:

III. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the sampler’s license shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee’s record and counting violations that have occurred within 3 years of the date of the violation being considered.

3 Youth Access to Tobacco Products; Special Provisions; Penalty Provisions Amended. Amend RSA 126-K:8, IV to read as follows:

IV. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee’s record and counting violations that have occurred within 3 years of the date of the violation being considered.

4 Vending Machines; License Revocation. Amend RSA 78:12-d, VII to read as follows:

VII. Violations of this section shall be civil infractions punishable by administrative action by the commissioner against the licensee. Fines for violations of paragraphs I-V shall be no more than $100 for a first offense and no more than $200 for a second offense. For the third offense, the commissioner shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the license to sell tobacco products shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commissioner shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commissioner shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee’s record and counting violations that have occurred within 3 years of the date of the violation being considered.

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Roberge, Dist. 9 Rep. Hunt, Ches. 10

Sen. Fernald, Dist. 11 Rep. Fraser, Merr. 21

Sen. Prescott, Dist. 19 Rep. Belanger, Rock. 26

Rep. Batchelder, Ches. 2

June 22, 2001

2001-1827-CofC

04/10

Committee of Conference Report on SB 164-FN-A-LOCAL, an act establishing a comprehensive statewide accountability system concerning an adequate education.

Recommendation:

That the House recede from its position in adopting its amendment to the bill, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 Statement of Purpose. The general court finds that in order to ensure a balance between education improvement and assessment and an adequate public education, it is necessary to establish a comprehensive, statewide educational accountability system that shall include:

I. Statewide performance goals for all pupils.

II. Statewide systematic measurement of school performance at the state and local levels using multiple valid measures.

III. Reporting on pupil performance at the school, school district, and state levels.

IV. The development, implementation, and evaluation, with broad input from community teams, of local education improvement and assessment plans designed to meet state goals and other criteria for making progress, and any performance goals developed locally to meet identified educational needs.

V. The opportunity for schools that are not making satisfactory progress toward statutory performance goals to receive assistance from the state.

2 New Chapter; School Performance and Accountability. Amend RSA by inserting after chapter 193-F the following new chapter:

CHAPTER 193-G

School Performance and accountability

193-G:1 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of education.

II. "Department" means the department of education.

III. "NHEIAP" means the New Hampshire education improvement and assessment program as established under RSA 193-C.

193-G:2 Statewide Performance Goals. A school should meet, exceed, or make satisfactory progress as defined in this section, for each of the following performance goals:

I. All pupils should, at a minimum, perform at grade level on the reading component of the statewide assessment administered in grade 3 pursuant to RSA 193-C:3.

(a) For pupils with disabilities who qualify for the alternate version of the statewide assessment, performance at the adequate level shall be based on the communication component of the alternate assessment.

(b) For pupils whose native language is other than English and whose English language reading ability prevents them from participating in the statewide assessment, school districts, in conjunction with the department, should make a reasonable effort to provide an alternate assessment of each pupil’s reading ability in the pupil’s native language. If an alternate assessment is provided, the school district shall report pupil performance to the department of education for inclusion in school, district, and state third grade reading reports. If it is not feasible to administer the assessment in the pupil’s native language, then the pupil may be excused from the assessment.

II. Pupils should, at a minimum, perform at the basic and above levels in the designated academic areas assessed on the statewide tests administered at the following grades in accordance with RSA 193-C at the following rates:

(a) 70 percent in English language arts in grade 3.

(b) 70 percent in mathematics in grade 3.

(c) 70 percent in English language arts in grade 6.

(d) 70 percent in mathematics in grade 6.

(e) 55 percent in science in grade 6.

(f) 65 percent in social studies in grade 6.

(g) 70 percent in English language in grade 10.

(h) 60 percent in mathematics in grade 10.

(i) 55 percent in science in grade 10.

(j) 50 percent in social studies in grade 10.

(k) The most recent 3-year rolling averages shall be used to determine if a school is meeting the academic-area statewide assessment performance goals that apply to it, except that if 3-year rolling averages are not available for a particular school, either 2-year averages or, if 2-year averages are not available, a single year’s data shall be used for this purpose.

III. Pupils should, at a minimum, attend school at the following rates:

(a) 95 percent for elementary schools.

(b) 94 percent for middle schools and junior high schools.

(c) 92 percent for high schools.

(d) The appropriate grade-range attendance rate collected by the department at the district level shall be used as the school attendance rate in districts that have multiple schools at a particular grade range.

IV. The percentage of pupils who drop out of school annually should not exceed the following rates:

(a) 0.5 percent for middle schools and junior high schools.

(b) 5 percent for high schools.

(c) The department shall calculate and report the annual dropout rate as a percentage based on the reported number of pupils who dropped out of school and did not return during a one year period as compared to the total school population.

V. The percentage of graduating pupils who go on to post-secondary education or military service should be at least 66 percent.

VI. Each school shall comply with the applicable standards for school approval adopted by the state board pursuant to RSA 21-N:9, I.

VII. "Satisfactory progress" means that for each school, the most recent 3-year rolling average shall be an improvement over the prior year’s 3-year rolling average, except that if a 3-year rolling average is unavailable for a particular school, either a 2-year average or, if a 2-year average is unavailable, 2 adjacent year’s data shall be used for this purpose. The use of a 3-year rolling average shall not be required for the first 2 years in which satisfactory progress is being measured.

VIII. On May 1, 2005, and annually thereafter, the commissioner shall determine if a school has demonstrated that it is making satisfactory progress toward, or has met or exceeded the performance goals established in this section. The criteria to be used to determine if a school is making satisfactory progress shall be established as follows:

(a) Not later than May 1, 2002, and every 3 years thereafter, based on generally accepted statistical procedures, the commissioner in conjunction with the state board of education shall determine and publish the criteria for making satisfactory progress in each of the areas established in paragraphs I-V. In making these determinations, consideration shall be given to the effect of school and grade-level enrollments and other relevant demographic data on the validity and comparability of the data collected and, to the extent feasible, the performance of discrete subgroups of pupils, including pupils with disabilities, limited English proficient pupils, and low income pupils.

(1) Satisfactory progress in meeting the reading performance goal established in paragraph I shall be based on the average of the mean-scaled scores obtained on the reading component of the grade 3 statewide assessment administered in accordance with RSA 193-C:3, IV(i). If a primary school does not include grade 3, then reading performance shall be based on the performance of the pupils from that school who attend grade 3 in the elementary school attended by the majority of the pupils from said primary school.

(2) Satisfactory progress in meeting the NHEIAP performance goals established in paragraph II shall be based on the mean-scaled scores obtained in the academic areas assessed at each grade level. If a school does not include a grade assessed in NHEIAP, then NHEIAP performance shall be based on the performance of the pupils from that school who attend the next highest NHEIAP grade level assessed in the school attended by the majority of the pupils from the school that does not include a grade assessed in NHEIAP.

(3) Satisfactory progress in meeting the performance goals established in paragraphs III-V shall be based on the rolling 3-year averages of performance in these areas.

(b) A school shall be considered to be making satisfactory progress in meeting the school approval standards specified in paragraph VI, if it either has been conditionally approved or granted a delay in full compliance by the state board.

IX. On May 1, 2005, and annually thereafter, the commissioner shall compile and disseminate to the governor and council, the general court, the state board, local school board chairpersons, superintendents of schools, school principals, and the public, a list of schools that are not making satisfactory progress in meeting the statewide performance goals set forth in RSA 193-G:3.

X. No later then January 1, 2006, and every 3 years thereafter, the state board shall submit to the education committees of the house and senate a report outlining the results of the state board’s review of the performance goals established in paragraphs I-VI together with any recommendations to the general court for changes in these goals that have been adopted by a majority of the state board. In conducting its review, the state board shall consider the statistical validity and comparability of using additional performance data collected at the school and district levels.

193-G:3 Aid to Schools.

I. A school district that is unable to meet or make satisfactory progress toward the statewide performance goals in RSA 193-G:2 may request assistance from the department of education, including financial assistance from the local education improvement assistance program established in RSA 193-G:4, for any school within the district. If a school district that is unable to make satisfactory progress toward meeting the statewide performance goals in RSA 193-G:2 does not request assistance, the department of education may initiate such review as it deems appropriate and, on the basis of such review, offer its assistance to the school district, but the school district shall not be required to accept such assistance.

II. A school district may request up to 3 years of assistance. A detailed plan and budget shall be submitted to the department of education. The department may offer aid in developing the plan and budget.

III. If a school district specified on the list required under RSA 193-G:2, IX has not submitted a request for assistance then, in a town, a warrant article may be presented to the school district governing body, in accordance with applicable statutory requirements in effect in the town for the petitioning of a warrant article, or, if in a city maintaining a school department within its corporate organization, a resolution may be offered to the governing body in accordance with applicable statutory requirements in effect in the city for offering a resolution, to direct the school district governing body to submit a request for assistance pursuant to this section. If a majority of the legislative body in the city or town votes in favor of requesting assistance, then that assistance shall be requested and provided in accordance with RSA 193-E:6.

IV. The department of education shall evaluate and approve proposals based on their efficacy, as determined by a cost-benefit analysis, and the extent to which school district revenues are insufficient to implement the proposed activity without adverse educational consequences.

V. Until the publication of the list pursuant to RSA 193-G:2, IX, a school district may request assistance from the department, including financial assistance from the local education improvement assistance program established in RSA 193-G:4, for any school within the district.

VI. Priority shall be given to lower-performing schools.

193-G:4 State Assistance to Local School Districts; Education Improvement Fund Established.

I. There is hereby established an education improvement fund in the department of education for the purpose of providing assistance to local school districts. This fund shall be non-lapsing and shall be administered by the department. For the biennium beginning July 1, 2001 and ending June 30, 2003, the sum of $2,500,000 shall be transferred from the education trust fund to the education improvement fund. In order to satisfy this obligation, the governor is authorized to draw a warrant from the education trust fund to satisfy the provisions of this paragraph.

II.(a) The department is authorized to use the amount transferred to the education improvement fund for the following purposes within the following expenditure limits:

(1) For the biennium ending June 30, 2003, an amount not to exceed $500,000 to implement and administer the pupil achievement assessment pilot program established in this act.

(2) For the biennium ending June 30, 2003, an amount not to exceed $225,000 to collect, analyze, and report the demographic and educational improvement data.

(3) For the biennium ending June 30, 2003, an amount not to exceed $275,000 to implement and administer the grade 3 reading assessment program set forth in RSA 193-C:3, IV(i).

(4) For the biennium ending June 30, 2003, an amount not to exceed $75,000 for contracted assistance to study the capacity of the department of education to provide support to local schools.

(5) For the biennium ending June 30, 2003, an amount not to exceed $780,000 to assist local school staff with the analysis and use of school performance data, and to implement local educational improvement and assessment plans.

(6) For the biennium ending June 30, 2003, an amount not to exceed $645,000 for providing grants to school districts, provided that any amounts set forth in subparagraphs (a)(1)-(a)(5) which are unexpended as of June 30, 2003, shall be used by the department to make grants to school districts under this section.

(b) For the biennium beginning July 1, 2001 and ending June 30, 2003, appropriations from the fund shall be authorized at the class level by the legislative fiscal committee and the governor and council. For the biennium beginning July 1, 2003, and each biennium thereafter, appropriations from the fund at the class level shall be included in and authorized as part of the department’s biennial operating budget.

(c) Moneys transferred to the education improvement fund shall not be transferred, diverted, or used for any purpose not specified in this section.

193-G:5 Powers of the Department of Education and State Board of Education. Notwithstanding RSA 186:5, the powers of the department and the state board relative to school performance and accountability shall be limited to the provisions of RSA 193-G:1 – 193-G:4.

3 New Subparagraphs; Statewide Education Improvement and Assessment Program; Program Goals Amended. Amend RSA 193-C:3, IV by inserting after subparagraph (h) the following new subparagraphs:

(i) At the end of grade 3, to determine if pupils are reading at grade level on a standardized reading test to be chosen by the department with the approval of the state board of education.

(j) At the school, district, and state levels, to provide performance reports on specific subgroups of pupils as required by federal law and regulations, including performance reports on pupils with disabilities, educationally disadvantaged pupils, and vocational education pupils.

4 Pupil Achievement Assessment Pilot Program Established.

I. The department of education, in consultation with the state board of education and the school administrative unit superintendents, shall establish a 4-year pupil achievement assessment pilot program in 10 selected school districts which represent a cross section of the state for the school years 2001-2002 through 2004-2005. Participation in the pilot program shall be voluntary. The pilot program shall examine the use of standardized achievement tests for pupils in grades 4 through 9 in each of the selected pilot schools as well as other techniques to measure pupil achievement over time. The purpose of the pilot program is to identify multiple measures of pupil achievement and to analyze such data from those measures to assess the extent to which such data yields valid and comparable information on the average annual rate of gain or value-added. In addition, the program would provide for a so-called gains-based statistical analysis of data collected in years 2-4 of the program for each pupil, school, and district. Upon the collection of multiple years of data, an analysis of such data may be performed to measure the average gain or value-added to an individual pupil over the course of the measurement period.

II. After 3 years, the state board of education in conjunction with the legislative oversight committee established under RSA 193-C:7 shall evaluate the potential value of the information collected under the pilot program and consider the merits of the approaches used in the pilot program to determine whether such approaches may be used as additional or alternative methods of measuring educational achievement and success.

5 Reporting on Pupil Performance. RSA 193-E:3 is repealed and reenacted to read as follows:

193-E:3 Reporting on the Delivery of Education.

I. By August 1, 2001, and annually thereafter, each school district shall report to the department of education data at the school and district levels for the previous school year on the following indicators, provided however, that the department shall develop a reasonable schedule to phase-in the reporting of data that is not being collected systematically during school year 2000-2001:

(a) Numbers and percentages of pupils with disabilities, limited English proficient pupils, pupils in advanced placement programs, and pupils eligible for free or reduced-price meals.

(b) Pupil mobility rates calculated as the percentages of pupils who transfer into or out of a school each year. These percentages shall not include pupils who enter the school on opening day at the lowest grade in the school or pupils who leave the school upon completion of the highest grade in the school.

(c) Attendance and dropout rates.

(d) Performance on statewide tests administered pursuant to RSA 193-C:3, IV(i) including the percentage of pupils reading at grade level on the reading component of the grade 3 statewide educational assessment and performance on any other standardized tests administered at local option.

(e) Percentage of graduating pupils going on to post-secondary education and military service.

(f) Average class size for instructional purposes at the primary, intermediate, and secondary levels as of October 1.

(g) Number and percentage of educators teaching one or more courses outside of the educator’s certification area and the percentage of all courses being taught by educators outside their certification area.

(h) Teacher and administrator turnover rates at the school and district levels.

II. By August 1, 2001, and annually thereafter, each school district shall report to the department of education data at the school and district levels for the previous school year any other data required by federal law on the same or similar subject matter specified in subparagraphs I (b) - (g) or for any of the subgroups set forth in subparagraph I (a).

III. The department of education, with the approval of the legislative oversight committee established in RSA 193-C:7, may implement and report data on any additional indicators deemed relevant to the purposes of this section.

IV. In order to reduce school districts’ administrative time and costs, the department of education shall develop and utilize user-friendly, computer forms and programs to collect the data set forth in paragraph I as well as all enrollment and cost data related to determining the cost of an adequate education The department shall request funds as part of its biennial operating budget to develop, update, and maintain the required forms and programs.

V. Not later than December 1, 2001, and annually thereafter, the department of education shall issue a public report on the condition of education statewide and on a district-by-district and school-by-school basis. This report shall be entitled "New Hampshire School District Profiles." It shall include demographic and pupil performance data including, but not limited to, district and school performance on state tests administered pursuant to RSA 193-C, all other data provided under paragraph I, as well as other relevant statistics as determined by the department of education. Comparisons with state averages shall be provided for data reported under subparagraphs I(a)-(h). Comparisons of each district and school to itself based on its own performance for the prior school year and its most recent 3-year rolling averages shall be provided for data reported under subparagraphs I(c)-(e). Statewide rankings of each district and school shall be provided for data reported under subparagraphs I(c)-(e), including a statewide ranking of each school and school district based on the percentage increase of improvement as compared with the same school district’s performance in the previous year. The report shall be organized and presented in a manner that is easily understood by the public and that assists each school district with the identification of trends, strengths, and weaknesses and the development of its local school education improvement and assessment plan.

VI. Each school district shall provide an opportunity for public discussion of the report at a meeting of its governing body. The school district shall make the report available to the public at least 10 days prior to the meeting.

VII. No later then January 1, 2003, the department of education shall prepare and submit to the education committees of the house and senate a plan for collecting and evaluating data to determine the correlation between level of academic performance and such factors as pupils’ gender, socioeconomic status, cost per pupil, class size, teacher qualifications, and use of various instructional strategies as well as an in-depth study of community members’ perceptions of their involvement in education and of important educational issues. The plan shall include an estimate of the costs to the department and local school districts of collecting, analyzing, and reporting the results of these studies.

6 Statewide Education Improvement and Assessment Program; Local Education Improvement and Assessment Plans. RSA 193-C:9, I is repealed and reenacted to read as follows:

I.(a) Each school district shall be responsible for coordinating the development and implementation of a local education improvement and assessment plan. The plan shall be evaluated and reviewed annually and shall be included in the school district’s annual report. The development and implementation of the plan and the annual evaluation and review shall be carried out with input from administrators, teachers, parents, employers, and other community members. The plan shall be approved by the local school board no later then October 31, 2003. At a minimum, each plan shall identify and set forth objectives for the school or each school in the district to achieve, including:

(1) Objectives and annual benchmarks for improved pupil performance in each of the statewide performance goals.

(2) Local assessment measures which focus on individual student performance.

(3) The use of local and statewide assessment results to improve instruction and enhance student learning.

(4) Methods for reporting the results of all assessment measures.

(5) Strategies to promote family and community involvement.

(6) Procedures detailing how the school district budget reflects the goals of the plan.

(b) Each plan may include the following elements:

(1) Curriculum and proficiency standards.

(2) School and district performance goals based on reported data on educational indicators listed in paragraph II of this section.

(3) Procedures for aligning curriculum and instructional practices.

(4) Role of support services and programs.

(5) Role of instructional leadership.

(6) Staff supervision and evaluation and performance-based professional development.

(7) Pupil behavior and conduct codes.

(8) Provisions for addressing individual school needs.

7 Statewide Education Improvement and Assessment Program; Local Education Improvement and Assessment Plans. RSA 193-C:9, IV is repealed and reenacted to read as follows:

IV. The department of education shall develop a model local education improvement and assessment plan which can be used by school districts. The model plan shall:

(a) Identify and set forth objectives for the school or each school in the district to achieve, including objectives and annual benchmarks for improved pupil performance in each of the applicable areas in which statewide performance goals have been established.

(b) Identify areas where improvements are needed immediately.

(c) Specify how the school or each school in the district will work to make improvements in the combined performance of all pupils enrolled in a school as well as the performance of discrete subgroups of pupils, including pupils with disabilities, limited English proficient pupils, and low income pupils.

(d) Specify the methods and assessments to be used in addition to NHEIAP assessments for the annual evaluation and review of the plan, including data to be collected, analyzed, and reported. This shall include the data specified in RSA 193-E:3, I as well as additional data determined locally.

8 Legislative Oversight Committee; Duties Amended. Amend RSA 193-C:8 to read as follows:

193-C:8 Duties of the Legislative Oversight Committee; Report. The oversight committee shall:

I. [The oversight committee shall review] Review the development and implementation of the program to ensure that they are in accordance with legislative policy. Implementation of the program shall be in conjunction with the committee's review.

III. Prepare any legislation that is needed as a result of the review of the progress and results of the policies implemented under this chapter.

9 School Money; Education Trust Fund Amended. Amend the introductory paragraph of RSA 198:39, I to read as follows:

198:39 Education Trust Fund Created and Invested.

I. The state treasurer shall establish an education trust fund in the treasury. Moneys in such fund shall not be used for any purpose other than to distribute adequate education grants to municipalities’ school districts pursuant to RSA 198:42, and to provide education property tax hardship relief under RSA 198:55, and to fund the education improvement fund established in RSA 193-G:4. The state treasurer shall deposit into [this] the education trust fund immediately upon receipt:

10 New Paragraph; State School Organization; State Board of Education Rulemaking Authority; Rules for Appeals. Amend RSA 186:8 by inserting after paragraph V the following new paragraph:

VI. Appeals from a school board on the matter of nonrenewal of teacher contracts, providing that the appeal to the state board of education shall be limited to the record developed at the school board hearing, except where the state board of education determines that new evidence is available which could not have been reasonably discovered at the time of the school board hearing and that such evidence may have materially affected the outcome of the school board hearing. In such cases, the state board of education shall render a final decision in the matter or remand it to the school board for a new hearing.

11 School Boards, Teachers; Teacher Renewal; Reference Amended. Amend RSA 189:14-a, II to read as follows:

II. Any teacher who has a professional standards certificate from the state board of education and who has taught for 3 consecutive years or more in any school district in the state shall, after having taught for 2 consecutive years in any other school district in the state, be entitled to all of the rights for notification and hearing in [paragraph I(b)] paragraphs I(b), III, and IV of this section.

12 New Paragraphs; School Boards, Teachers; Teacher Renewal; Nonrenomination Procedure. Amend RSA 189:14-a by inserting after paragraph II the following new paragraphs:

III. In cases of nonrenomination because of unsatisfactory performance, the superintendent of the local school district shall demonstrate, at the school board hearing, by a preponderance of the evidence, that the teacher had received written notice that the teacher’s unsatisfactory performance may lead to nonrenomination, that the teacher had a reasonable opportunity to correct such unsatisfactory performance, and that the teacher had failed to correct such unsatisfactory performance. Nothing in this paragraph shall be construed to require the superintendent or the school board to provide a teacher with remedial assistance to correct any deficiencies that form the basis for such teacher’s nonrenomination.

IV. In all proceedings before the school board under this section, the burden of proof for nonrenewal of a teacher shall be on the superintendent of the local school district by a preponderance of the evidence.

13 School Boards, Teachers; Review by State Board of Education. Amend RSA 189:14-b to read as follows:

189:14-b Review by State Board.

I. A teacher aggrieved by such decision may request the state board of education for review thereof. Such request must be in writing and filed with the state board within 10 days after the issuance of the decision to be reviewed. Upon receipt of such request, the state board shall notify the school board of the request for review, and shall forthwith proceed to a consideration of the matter. Such consideration shall include a hearing if either party shall request it. The state board shall issue its decision within [15] 30 days after the request for review is filed, and the decision of the state board shall be final and binding upon both parties. A request for review under this section shall constitute the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher.

14 Public Employee Labor Relations; Grievance Procedures; Nonrenewal of Teacher Contract not Subject to Binding Arbitration. Amend RSA 273-A:4 to read as follows:

273-A:4 Grievance Procedures. Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures. No grievance resulting from the failure of a teacher to be renewed pursuant to RSA 189:14-a, shall be subject to arbitration or any other binding resolution, except as provided by RSA 189:14-a and RSA 189:14-b. Any such provision in force as of the effective date of this section shall be null and void upon the expiration date of that collective bargaining agreement.

15 Repeal. RSA 194:23-d, relative to state financial aid, is repealed.

16 Effective Date. This act shall take effect July 1, 2001.

The signatures below attest to the authenticity of this Report on SB 164-FN-A-LOCAL, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. O’Hearn, Dist. 12 Rep. Henderson, Rock. 20

Sen. Prescott, Dist. 19 Rep. Ward, Graf. 1

Sen. Johnson, Dist. 3 Rep. Colcord, Merr. 2

Rep. Snyder, Straf 14

2001-1827-CofC

AMENDED ANALYSIS

This bill establishes criteria for measuring school performance standards, requires the development of a local education improvement and assessment plan in each school district, defines satisfactory progress in school performance areas, and establishes an education improvement fund in the department of education which shall be funded by a transfer from the education trust fund in the amount of $2,500,000 for the biennium ending June 30, 2003. The bill also clarifies the process for conducting hearings before local school boards on the issue of nonrenomination of teacher contracts and for the appeal of such nonrenomination decisions to the state board of education.

June 19, 2001

2001-1701-CofC

10/01

Committee of Conference Report on SB 192-FN, an act relative to the issuance of high/medium voltage licenses by the electrician’s board.

Recommendation:

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on SB 192-FN, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. O’Neil, Dist. 18 Rep. Poulin, Merr. 14

Sen. Prescott, Dist. 19 Rep. Schulze, Hills. 33

Sen. Francoeur, Dist. 14 Rep. Goulet, Hills. 15

Rep. Clayton, Hills. 39

June 22, 2001

2001-1825-CofC

10/09

Committee of Conference Report on SB 197-FN, an act restructuring the judicial conduct committee as an independent judicial conduct commission and making an appropriation therefor.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

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

1 Intent. This act implements the recommendations of the Task Force for the Renewal of Judicial Conduct Procedures by restructuring the judicial conduct committee as an independent judicial conduct commission. The task force established the following 3 principles to guide the restructuring of the committee:

I. The judicial conduct committee should be completely independent of the New Hampshire court system and the other branches of government, and should be renamed the judicial conduct commission.

II. Members of the new judicial conduct commission should be appointed by several authorities: the governor, the senate president, the speaker of the house of representatives, the New Hampshire supreme court, and the president of the New Hampshire Bar Association.

III. In keeping with its independent status and an accompanying need for vigorous

professionalism in the management of its work, the new commission must be free to hire staff and maintain its separate office.

2 Statement of Purpose. In order to maintain a healthy democracy, the legislature finds that it is vital that the citizens of New Hampshire have an independent commission able to adequately discipline the actions of judges who have breached the Code of Judicial Conduct. The general court recognizes that the judicial branch of government must act independently, in accordance with the New Hampshire constitution, in making its adjudicatory decisions. The legislature is mindful of the importance of the independence of each branch and believes that it has a duty under the constitution to insure that the judicial branch provides the citizens of New Hampshire fair, equal, impartial, and prompt justice. To meet its duty, the legislature establishes a judicial conduct commission.

3 New Chapter; Judicial Conduct Commission. Amend RSA by inserting after chapter 494 the following new chapter:

CHAPTER 494-A

JUDICIAL CONDUCT COMMISSION

494-A:1 Judicial Conduct Commission Established. A judicial conduct commission is hereby established which shall be completely independent of the New Hampshire court system and other branches of government. The commission shall be administered by an executive director, appointed under RSA 494-A:3.

494-A:2 Definitions. In this chapter:

I. "Commission" means the judicial conduct commission established under RSA 494-A:4.

II. "Executive director" means the executive director of the commission appointed under RSA 494-A:3.

III. "Judge" means supreme court justices under RSA 490:1; superior court judges under RSA 491:1; superior court marital masters; district court judges under RSA 502-A:3; and probate court judges, under RSA 547.

494-A:3 Executive Director; Appointment and Duties.

I. The commission shall select and appoint an executive director as the administrator of the commission. The executive director shall be appointed by majority vote of the commission after 30 days public notice and a public hearing. The executive director shall hold office for a term of 5 years. The executive director may be removed from office by vote of 2/3’s of the commission. The executive director may be reappointed using the same procedure for appointment. The executive director shall be a nonclassified state employee.

II. The executive director shall be the administrative head of the commission. The duties of the executive director shall also include:

(a) Employing and supervising commission staff, under RSA 494-A:17.

(b) Submitting an annual report to the governor, senate president, speaker of the house, and chief justice of the supreme court, by October 1 of each year, which details the performance of the commission for the preceding fiscal year. This report shall be a public document.

(c) Submitting budgets to be funded through general funds in the biennial operating budget.

(d) Acting as secretary for all commission meetings.

494-A:4 Commission Membership. The commission shall consist of the following 11 members:

I. Three judges, consisting of one judge or retired judge from each of the superior court, district court, and probate court, appointed by the chief justice of the supreme court with the concurrence of the majority of the supreme court members.

II. Two members appointed by the president of the New Hampshire Bar Association; one member to be approved by the governor and one member to be approved by the president of the senate and the speaker of the house.

III. Two public members who are not judges, attorneys, or elected or appointed public officials, appointed by the governor.

IV. Two public members who are not judges or attorneys, appointed by the senate president.

V. Two public members who are not judges or attorneys, appointed by the speaker of the house.

494-A:5 Terms of Office.

I. The initial terms of office shall be staggered as follows:

(a) For the members appointed under RSA 494-A:4, I, one member shall be appointed for 2 years, one member shall be appointed for 3 years, and one member shall be appointed for 4 years.

(b) For the members appointed under RSA 494-A:4, II, one member shall be appointed for 3 years and one member shall be appointed for 4 years.

(c) For the members appointed under RSA 494-A:4, III, one member shall be appointed for 3 years and one member shall be appointed for 4 years.

(d) For the members appointed under RSA 494-A:4, IV, one member shall be appointed for 2 years and one member shall be appointed for 3 years.

(e) For the members appointed under RSA 494-A:4, V, one member shall be appointed for 3 years and one member shall be appointed for 4 years.

II. After the initial appointment, a member may be reappointed for an additional term of 4 years. Members may not serve more than 2 consecutive terms. Members who have served 2 consecutive terms may not be reappointed until they have been off the commission for a period of 4 years.

III. Commission members shall serve without compensation for their services, but shall be reimbursed for necessary expenses incurred in the performance of their duties.

494-A:6 Vacancies.

I. A vacancy in the office of the commission occurs:

(a) At the expiration of a member’s term.

(b) When a member ceases to hold the office, by submitting his or her resignation to the commission, or for some other reason.

(c) When a non-attorney or non-judge member becomes an attorney or judge.

(d) When an attorney member ceases to be a member of the New Hampshire bar, is elected or appointed to public office, or is appointed a judge.

(e) When a member ceases to be domiciled in New Hampshire.

(f) When removed by the commission as provided in RSA 494-A:16.

II. A vacancy shall be filled by the same appointing authority. The successor shall have the same qualifications as the person who is being replaced. If the vacancy results from other than expiration of the term, the successor shall hold office for the unexpired term.

494-A:7 Disqualification.

I. No member shall participate in any proceeding before the commission involving his or her conduct or in which he or she is a witness or is otherwise involved.

II. No member shall participate in any proceeding in which his or her impartiality might reasonably be questioned.

494-A:8 Numbers for Quorum and Action. Six members of the commission shall be a quorum. Six members shall be necessary to take routine action. A vote of 7 members shall be required to take or recommend any disciplinary action.

494-A:9 Election of Chairperson and Vice Chairperson. The members of the commission shall elect their own chairperson and vice chairperson.

494-A:10 Duties; Proceedings. The commission shall be responsible for addressing complaints concerning the conduct of judges in the courts of this state. The commission shall determine if a complaint constitutes conduct which violates the Code of Judicial Conduct. The commission shall adopt rules for its proceedings under this chapter. After notice and hearing, the commission may impose disciplinary actions with regard to a complaint by reprimand or censure. If the commission finds evidence of criminal acts, it shall report such evidence to the attorney general. If the commission finds that a judge’s conduct warrants the removal of the judge, the commission shall refer the matter to the legislature.

II. The commission shall, by rules under RSA 494-A:12, adopt a Code of Judicial Conduct based on the Model Code of Judicial Conduct (August, 1990), as adopted by the House of Delegates of the American Bar Association on August 7, 1990.

494-A:11 Procedures for Complaints; Public Availability. The commission shall adopt rules of procedure to be followed in making its determinations which shall incorporate the following:

I. When a complaint is received by the commission, the commission shall determine if the complaint alleges a violation of the Code of Judicial Conduct. If the commission determines that the complaint on its face alleges no violation of judicial misconduct, the commission shall dismiss the complaint and respond to the complaining party, explaining the basis for its decision. If the commission determines that the complaint alleges a violation, the commission shall send a copy of the complaint to the judge and the judge shall have 21 days to respond in writing. There shall be no direct communications between the judge and the complaining party. Following the response from the judge, the commission shall send a copy of the response to the complaining party. The commission may also conduct such further investigation as it may deem necessary before ruling on the complaint. The commission shall, within 90 days of the first meeting following receipt of the complaint, determine whether there is probable cause to believe that the judge has committed a violation of the Code of Judicial Conduct. If not, the complaint shall be dismissed. If so, the commission shall proceed to make a final determination as to whether a violation has occurred. In any event, the complaining party and the judge shall be informed of the ruling on probable cause along with a brief explanation of the basis of the decision.

II. After making a finding of probable cause, the commission shall conduct a public hearing before making a final determination. After probable cause has been found, the complaint, response, transcripts, findings, deliberations, and reports of actions taken shall be available to the public under the provisions of RSA 91-A. The exemption regarding internal personnel practices in RSA 91-A:5, IV shall be inapplicable to proceedings or documents under this paragraph relating to a complaint before the commission.

III. After notice and hearing, the commission may impose disciplinary actions with regard to a complaint by reprimand or censure. The commission may recommend that the supreme court suspend the judge.

IV. If the complaint referred to the commission alleges conduct that would constitute a crime, the commission chairperson shall immediately refer the matter to the attorney general. The referral of such a complaint to the attorney general shall not supersede the commission’s jurisdiction relative to whether a violation of the Code of Judicial Conduct has occurred. However, the commission shall suspend its activities until the criminal proceedings, if any, are concluded.

V. In all cases, whether a complaint is dismissed or not, complaints received by the commission shall be made available to the administrative judge of the court in which the judge complained against holds office. Furthermore, all complaints against judges received by the administrative judges and other judges of the superior court, the district court, and the probate court shall be forwarded to the commission.

VI. The statute of limitations for any complaint shall be 3 years from the act which is the subject of the complaint or from the conclusion of the trial or appeal during which the act occurred, whichever is later.

494-A:12 Rules. The commission shall have the authority to adopt rules, after public notice and hearing, necessary to perform the objectives of this chapter. The commission shall employ the rules used by the supreme court on the effective date of this chapter as interim rules, to the extent that they are not inconsistent with this chapter. The commission shall adopt its own rules as soon as practicable which shall replace such interim rules, but in no event later than July 1, 2002. Prior to the adoption of any rule, or the amendment or repeal thereof, the commission shall publish or otherwise circulate notices of its intended action and afford interested parties the opportunity to submit comments either orally or in writing.

494-A:13 Subpoena Power. The commission shall have the powers of subpoena.

494-A:14 Appeals. An aggrieved party may appeal an order or decision of the commission to the supreme court, provided that such appeals shall be limited to consideration of matters of procedure and errors of law.

494-A:15 Funding. The commission shall prepare and administer its own budget, including funding for such items as staff, office space, and operating expenses. Funding shall be authorized by the legislature only from sources other than those appropriated for the judicial branch.

494-A:16 Removal. The chairperson, with the majority of the commission, may remove a member for cause, including unexcused absences or serious violations of a commission rule.

494-A:17 Staff and Facilities.

I. The executive director shall, with the approval of the commission, hire staff, which may include attorneys, investigators, and clerks, as may be necessary to carry out the duties of the commission. The executive director may contract for such temporary professional, administrative, and clerical services as deemed necessary by the commission. Full-time staff shall be nonclassified personnel who shall be entitled to state employee benefits.

II. The commission shall select office space, which shall be as independent as possible from other facilities of any branch of government.

4 Judicial Performance Evaluations. Amend RSA 490:32, II to read as follows:

II. The program for performance evaluation shall include, but shall not be limited to, [review of records of the supreme court's committee on judicial conduct which are public records under supreme court Rule 40;] a questionnaire, to be designed by the supreme court[;] and a self-evaluation form to be completed by the judge. The supreme court shall strive to achieve uniformity among court evaluation questionnaires, recognizing that the questionnaires for each court may differ due to the jurisdiction of the courts. Questionnaires shall be distributed to a representative sample of attorneys, parties, witnesses, jurors, court personnel, and others who have appeared before a judge during the evaluation period, for the purpose of evaluating the performance of the judge. The questionnaire shall include, but shall not be limited to, questions relative to the judge's performance, temperament and demeanor, judicial management skills, legal knowledge, attentiveness, bias and objectivity, and degree of preparedness. Completed forms shall be returned to the administrative judge, unsigned, within 30 days of issuance. All responses shall remain confidential.

5 Repeals. RSA 490:30, relative to the committee on judicial conduct, is repealed.

6 Date of Operation of Commission. All appointments to the judicial conduct commission shall be made prior to September 1, 2001. The initial meeting of the commission shall be called in September by the governor’s first-appointed member of the commission. All necessary staffing of the judicial conduct commission shall be made prior to January 1, 2002. The commission’s authority to act upon complaints shall commence on January 1, 2002.

7 Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.

8 Appropriation. The sum of $125,000 for the fiscal year ending June 30, 2002 and the sum of $250,000 for the fiscal year ending June 30, 2003 are hereby appropriated to the judicial conduct commission established by this act, for the purposes of the administration of the provisions of this act. The governor is authorized to draw a warrant for said sums out of any moneys not otherwise appropriated.

9 Effective Date.

I. Sections 1-4 and 6-8 of this act shall take effect July 1, 2001.

II. The remainder of this act shall take effect January 1, 2002.

The signatures below attest to the authenticity of this Report on SB 197-FN, an act restructuring the judicial conduct committee as an independent judicial conduct commission and making an appropriation therefor.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Gordon, Dist. 2 Rep. Mock, Carr. 3

Sen. Prescott, Dist. 19 Rep. Rowe, Hills. 14

Sen. Fernald, Dist. 11 Rep. Woods, Straf. 11

Rep. Wall, Straf. 9

2001-1825-CofC

AMENDED ANALYSIS

This bill restructures the judicial conduct committee as an independent judicial conduct commission. This bill also makes an appropriation to the commission.