April 15, 2002

April 12, 2002

No. 25A

STATE OF NEW HAMPSHIRE

Legislative

SENATE CALENDAR

ADDENDUM

VETO MESSAGES, REPORTS, HEARINGS, MEETINGS & NOTICES

THE SENATE WILL MEET IN SESSION ON TUESDAY, APRIL 16, 2002 AT 1:15 P.M.

VETO MESSAGE

March 29, 2002

To the Honorable Members of the General Court:

By the authority vested in me as Governor of New Hampshire, pursuant to Part II, Article 44 of the Constitution of New Hampshire, I have this day vetoed Senate Bill 1, an act apportioning state senate districts.

Since January, I repeatedly have said I would veto legislation reapportioning state senate districts if the legislation violates the New Hampshire Constitution’s requirement that senate districts be "as nearly equal as may be in population;" splits apart strong historic, economic and social communities of interest; and is designed to give one party unfair political advantage over another. I have repeatedly urged the majority party in the senate to work with the members of the minority party to craft bipartisan redistricting legislation.

Unfortunately, the members of the majority party in the senate have chosen to send me legislation containing a redistricting scheme that violates Part II, Article 26 of the New Hampshire Constitution; violates the principle of one person, one vote; splits apart strong communities of interest; and favors one party over another.

S.B. 1 unnecessarily breaks apart strong historic, economic and social communities of interest. The City of Rochester, for example, is torn away from the City of Somersworth, with which it shares a common border and similar social and economic characteristics. The cities of Rochester and Somersworth have been in the same senate district for 210 years. Under S.B. 1 Rochester instead would be thrust into a senate district with the Lakes Region community of Wolfeboro.

S.B. 1 slices Portsmouth away from New Castle and Rye. It splits apart Dover and Durham.

Part II, Article 26 requires that senate districts be "as nearly equal as may be in population, each consisting of contiguous towns, city wards and unincorporated places, without dividing any town, city ward or unincorporated place." There is no question that S.B. 1 demonstrably violates the constitutional requirement that districts be "as nearly equal as may be in population." The record shows that alternative senate redistricting plans more equal in population were presented by the minority party, and rejected by the majority party.

Moreover, S.B. 1 creates at least one senate district that stretches the meaning of the word "contiguous" as used in Part II, Article 26. As created under S.B. 1, senate district 5 is a classic case of partisan gerrymandering at its worst. This district would consist of two distinct geographical areas, the only physical connection being that the northernmost corner of the Town of Wilmot touches the southernmost corner of the Town of Grafton. There is no legitimate justification for the creation of this figure-eight district.

Crafted behind closed doors by the members of one party, the redistricting scheme contained in S.B. 1 was made public only one hour before it was passed by the senate in a strictly partisan vote.

It is clear from the senate record that that there is a wide gap between what the citizens of this state have said they wanted in senate districts and the redistricting scheme contained in S.B. 1.

For example, the Mayor of Rochester, in a January 17, 2002 letter addressed to the Senate Redistricting Committee, pleaded with the senate to "continue to group Rochester with similar Seacoast cities, like Somersworth or Dover" and not put "Rochester in the same district as Wolfeboro way up in the Lakes Region."

A letter from the three Rye selectmen to the Senate Internal Affairs Committee implored the senate not to split Rye apart from Portsmouth, pointing out that Rye students attend Portsmouth High School and that "[o]ne has to drive through Portsmouth to get to Rye….We never heard of a district which basically has one community jumping over another almost entirely contiguous community. Yes, we guess you can walk in a small stretch of marshland to get from New Castle to Rye, but that is truly a stretch." Similar pleas were made in letters submitted by the Mayor of Portsmouth and the chairman of the New Castle selectmen.

A University of New Hampshire history professor and long-time resident of Dover testified about the historical, economic and cultural ties between Dover and Durham at the January 10, 2002 Senate Internal Affairs Committee hearing on redistricting. "If you go back three hundred years, you find that people in Durham and Dover worked with each other and worshipped with each other," he testified.

Why were these pleas from citizens, including local community leaders, to keep together strong communities of interest ignored by the majority party in the senate? Solely to give their party unfair political advantage over the other. S.B. 1 would make at least 16 out of the 24 state senate districts safely Republican. The majority party has disregarded the State Constitution, 200 years of history and tradition, and the views of citizens to guarantee its control over the senate chamber.

Because S.B. 1 is both unconstitutional and fundamentally unfair, I am compelled to veto this legislation.

I urge the senate to take up my veto quickly and then get down to the business of the people. It is not yet too late for the Senate Republicans to work with the Senate Democrats to craft redistricting legislation that is fair to both parties, minimizes the deviation in the size of districts, and keeps together strong communities of interest.

I know the state senate can do better by the people of this state than it has to date. Now is the time to do so. The June candidate-filing period is fast approaching.

Respectfully submitted,

Jeanne Shaheen

Governor

February 7, 2002

To the Honorable Members of the General Court:

By the authority vested in me as Governor of New Hampshire, pursuant to Part II, Article 44 of the Constitution of New Hampshire, I have this day vetoed Senate Bill 141, an Act relative to proof of qualifications for voter registration.

The right to vote is a fundamental right. Restrictions should be placed on that right if, and only if, there is a compelling need. S.B. 141, which is identical to legislation I vetoed last year, does not meet that test.

While the proponents of S.B. 141 say the purpose of this legislation is to protect our elections from fraud, there is no evidence that voter fraud is a problem in New Hampshire. That is, in large part, because our laws already provide protection from voter fraud. Our statutory requirement that the checklists be purged on a regular basis prevents "graveyard" voting. Our laws permit any voter to challenge the identity and eligibility of any other voter, with any so challenged voter required to sign an affidavit under penalty of perjury before being permitted to vote. Moreover, anyone registering to vote on election day is required to sign a form swearing, under penalty of perjury, that he or she is a qualified voter.

In order to be eligible to vote in New Hampshire, one must be a citizen of the United States, be 18 years of age or older, and be domiciled where he or she intends to vote. Under current New Hampshire law, supervisors of the checklist and town or city clerks may ask an applicant to provide proof of citizenship, age and domicile. If Senate Bill 141 became law, voting registration officials would be required to demand this proof.

S.B. 141 would have the effect of discouraging eligible voters from exercising their right to vote. Not all voters carry proof of their age with them, and in our country, few citizens carry proof of their citizenship. No discretion is given to supervisors of the checklist and town and city clerks under S.B. 141. No matter how well the supervisor of the checklist or town or city clerk knows the voter, he or she must still demand proof of age and citizenship. This would potentially cause lengthy delays for all voters.

While New Hampshire's voter turnout percentage compares well with the rest of the country, it is troubling that one-third of our registered voters did not exercise their franchise in the 2000 general election, an election to choose the President of the United States. Rather than erecting new barriers to voting, lawmakers should instead investigate

why so many of our fellow citizens do not vote and develop public policy to encourage every eligible citizen to exercise this precious and fundamental right.

For all of the above reasons, I am today vetoing Senate Bill 141.

Respectfully submitted,

Jeanne Shaheen Governor

LAID ON THE TABLE

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

SB 87, relative to permissible campaign contributions by business organizations and labor unions.

SB 105, relative to instream flow plan requirements.

SB 146, relative to personal watercraft.

SB 173-FN-A, creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the university system of New Hampshire or any of its component institutions.

SB 325, establishing a committee to study the use of state vehicles.

SB 335, relative to prohibited political contributions.

SB 382, relative to display of flags on condominium units.

SB 401-FN-A, relative to long-term care funding and making an appropriation therefor.

SB 407-FN, requiring restroom facilities in certain state buildings.

SB 421-FN-A, authorizing the Berlin campus of the New Hampshire regional community-technical college system to upgrade and modernize its equipment and programs and authorizing manufacturing technology training in the town of Littleton, and making an appropriation therefor.

SB 428, changing the name of the joint committee on legislative facilities and codifying the powers and duties of the committee.

HB 157, (New Title) clarifying the immunity from liability of persons providing emergency care.

HB 193, establishing a committee to study state payments for court-ordered placements of special education pupils.

HB 226, relative to instructions to voters for straight-ticket voting.

HB 253, relative to mercury reductions.

HB 325-FN, relative to certain acts of sexual assault.

HB 466, relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases.

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

HB 748-FN-A-L, (2nd New Title) revising the definition of an adequate education and revising the weighted pupil formula used to calculate the cost of an adequate education.

HB 1118, relative to participation by certain judges in the state employee group health and dental insurance programs.

HB 1218, relative to the regulation of pharmacists and prescription drug orders.

HB 1273, relative to planning and procedures for state owned or leased trails for all-terrain vehicles and relative to registration fees for certain off highway recreational vehicles.

HB 1415, (New Title) relative to removing certain extensions for abatement decisions, replies and appeals in a year of property revaluation.

REPORTS

EDUCATION

HB 298-FN-L, (New Title) relative to charter schools and establishing a charter school revolving fund. Vote 3-1

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

HB 329-FN-L, (New Title) establishing a committee to study indoor air quality and fire safety in public schools. Vote 4-0

Ought to Pass, Senator Disnard for the committee.

HB 1190, (New Title) relative to a one-year certificate of eligibility to teach. Vote 3-1

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

HB 1230-FN, (New Title) authorizing the commissioner of the department of education to expend funds for special education advocacy. Vote 3-0

Inexpedient to Legislate, Senator Johnson for the committee.

HB 1281, establishing a commission to study public educational choice initiatives. Vote 4-0

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

HB 1446, relative to the recitation of the pledge of allegiance in the public schools. Vote 4-0

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

FINANCE

HB 179-FN relative to the scope of RSA 169-B, the juvenile delinquency statute, and establishing a task force on juvenile justice service capacity. Vote 5-0

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

HB 207-FN-L, increasing the state aid contribution to municipalities that expand, upgrade, or develop new wastewater treatment facilities to provide for expanded septage handling and disposal capacity. Vote 5-0

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

HB 212-FN, (2nd New Title) providing an alternative method of calculating state education property tax hardship relief and authorizing the commissioner of the department of revenue administration to establish certain positions. Vote 5-0

Ought to Pass, Senator Hollingworth for the committee.

HB 213-FN, establishing a study committee on education property tax hardship relief, relative to appraisals of property for ad valorem tax purposes, and making an operating budget appropriation for hardship grants nonlapsing. Vote 3-1

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

HB 284-FN, (New Title) relative to additional emissions reductions from existing fossil fuel burning steam electric power plants. Vote 5-1

Ought to Pass, Senator Below for the committee.

HB 550-FN, (New Title) relative to destruction of information. Vote 5-0

Ought to Pass, Senator Eaton for the committee.

HB 556-FN-A, relative to responsibilities of the department of cultural resources and the department of safety regarding building preservation and rehabilitation, and allowing the commissioner of the department of cultural resources to accept donations for purposes stipulated by the donor.Vote 6-0

Ought to Pass, Senator Eaton for the committee.

HB 557-FN-A, (New Title) relative to victims' assistance programs and the victims' assistance fund. Vote 6-0

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

HB 559-FN, relative to the procedures for assignment of income from child or spousal support orders. Vote 6-0

Ought to Pass, Senator Larsen for the committee.

HB 560-FN-A, establishing a committee to study the retirement plan for the judiciary. Vote 5-0

Ought to Pass, Senator Hollingworth for the committee.

HB 581-FN, relative to the authority of the commissioner of agriculture, markets, and food to search for invasive species. Vote 6-0

Ought to Pass, Senator Below for the committee.

HB 587-FN-A, (New Title) establishing a commission on the status of men. Vote 5-0

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

HB 592-FN-A, (2nd New Title) relative to a milfoil and other exotic aquatic plants prevention program. Vote 5-1

Ought to Pass, Senator Hollingworth for the committee.

HB 718-FN, (New Title) relative to renewable-energy-source electricity generation and transition service. Vote 5-2

Ought to Pass, Senator Below for the committee.

HB 757, establishing an early literacy and reading improvement program and making an appropriation therefor and establishing a statewide education accountability system. Vote 3-2

Ought to Pass, Senator Barnes for the committee.

HB 768-FN, relative to DNA testing of criminal offenders. Vote 6-0

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

HB 1102, (New Title) establishing a hazardous waste coordinator certificate program and making an appropriation therefor. Vote 6-0

Ought to Pass, Senator Barnes for the committee.

HB 1119-FN-L, relative to landfill closing costs reimbursed by the department of environmental services. Vote 6-0

Ought to Pass, Senator Larsen for the committee.

HB 1187-FN, relative to criminal penalties for possession of a firearm in a safe school zone.

Vote 6-0

Ought to Pass, Senator Gatsas for the committee.

HB 1231-FN implementing a pre-engineering technology curriculum in the public high schools in the state and relative to the naming of the regional community-technical college system. Vote 5-1

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

HB 1236-FN, (New Title) establishing a committee to study the adjudication of divorces pursuant to part 2, article 76 of the New Hampshire constitution. Vote 6-0

Ought to Pass, Senator Eaton for the committee.

HB 1270-FN, making technical corrections due to the repeal of the legacies and succession tax, relative to the exception from the meals and rooms tax for gratuities, and relative to appeals for redetermination or reconsideration of assessments or demands for payment made by the department of revenue administration.. Vote 6-0

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

HB 1299-FN, (New Title) establishing a committee to study the creation of a marriage education and enhancement program. Vote 6-0

Ought to Pass, Senator Barnes for the committee.

HB 1302-FN, (New Title) relative to the purchase of certain prior service credit by members of the retirement system, relative to legislative review of retirement fund investment practices, and relative to the payment of medical benefits costs for retired state employees. Vote 6-0

Ought to Pass, Senator Below for the committee.

HB 1305-FN, relative to the pollution prevention program. Vote 6-0

Ought to Pass, Senator Hollingworth for the committee.

HB 1336-FN, (New Title) permitting wine manufacturers to be issued restaurant licenses.

Vote 6-0

Ought to Pass, Senator Gatsas for the committee.

HB 1349-FN-A, (New Title) establishing a committee to study electric utility restructuring in the territory currently serviced by Connecticut Valley Electric Company. Vote 6-0

Ought to Pass, Senator Below for the committee.

HB 1352-FN-L, relative to establishing a hazardous duty classification in the length of service awards program. Vote 6-0

Ought to Pass, Senator Larsen for the committee.

HB 1354-FN, licensing body art practitioners. Vote 6-0

Ought to Pass, Senator Barnes for the committee.

HB 1356-FN, establishing the criminal offense of felony pursuit. Vote 5-0

Ought to Pass, Senator Barnes for the committee

HB 1357-FN, relative to the form of drivers' licenses. Vote 6-0

Ought to Pass, Senator Eaton for the committee.

HB 1361-FN, relative to the regulation of business practices between off highway recreational vehicle manufacturers, distributors, and dealers. Vote 6-0

Ought to Pass, Senator Hollingworth for the committee.

HB 1365-FN, (New Title) requiring that the county departments of correction be charged 110 percent of the Medicare rate for inmates who need medical services within the community.

Vote 5-0

Ought to Pass, Senator Larsen for the committee.

HB 1372-FN, relative to certain residential care facilities. Vote 6-0

Ought to Pass, Senator Larsen for the committee

HB 1373-FN, relative to the participation in the New Hampshire retirement system by certain school district employees. Vote 6-0

Ought to Pass, Senator Larsen for the committee.

HB 1377-FN, relative to the regulation of physical therapists. Vote 5-0

Ought to Pass, Senator Gatsas for the committee

HB 1419-FN-A, (2nd New Title) increasing the capital appropriation made to the fish and game department for the Barry conservation camp building replacement. Vote 6-0

Ought to Pass, Senator Eaton for the committee

HB 1423-FN, relative to state or local government security issues under the right-to-know law and relative to threats of biological or chemical substances. Vote 6-0

Ought to Pass, Senator Below for the committee

HB 1426-FN, relative to the availability of information on the registration of certain sexual offenders. Vote 2-0

Ought to pass with amendment, Senator Eaton for the committee

HB 1436-FN, relative to requiring treatment for persons convicted of DWI offenses. Vote 5-0

Ought to Pass, Senator Barnes for the committee.

HB 1437-FN-A, (New Title) relative to increasing the staff in the consumer protection and antitrust bureau of the department of justice. Vote 4-1

Inexpedient to Legislate, Senator Hollingworth for the committee.

HB 1438-FN-A, (New Title) relative to registration of health clubs. Vote 5-0

Ought to Pass, Senator Below for the committee.

HB 1439-FN-A, relative to an agreement between the state of New Hampshire and city of Laconia and making an appropriation therefor. Vote 6-0

Ought to Pass, Senator Boyce for the committee

HB 1440-FN-A-L, (New Title) establishing a New Hampshire local government records management improvement program and fund. Vote 6-0

Ought to Pass, Senator Eaton for the committee

HB 1455-FN-L, (New Title) establishing portability of a person's qualifying retirement funds for the purchase of permissive service credit in the New Hampshire retirement system. Vote 6-0

Ought to Pass, Senator Below for the committee

HB 1456-FN, (New Title) relative to information on drivers' licenses and relative to motor vehicle records. Vote 6-0

Ought to Pass, Senator Eaton for the committee

HB 1460-FN, relative to penalties for alcohol- and drug-related offenses. Vote 5-0

Ought to Pass, Senator Below for the committee.

HB 1461-FN, (New Title) transferring the office of emergency management to the department of safety, division of fire safety and emergency management. Vote 5-0

Ought to pass with amendment, Senator Eaton for the committee

HB 1462-FN-A-L, eliminating the statewide education property tax as a source of funding adequate education. Vote 3-2

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

HB 1469-FN, (New Title) establishing a committee to study the eligibility of state employees to receive a retirement system benefit while in service, establishing a moratorium on eligibility for electing such benefit, and prospectively repealing the provision allowing state employees to receive a retirement allowance while in service. Vote 6-0

Ought to Pass, Senator Boyce for the committee

HB 1471-FN, establishing a committee for the design and construction of a memorial to the victims of the September 11 tragedy. Vote 6-0

Ought to Pass, Senator Eaton for the committee

HB 1472-FN, amending the definitions, applications, and fees relating to explosives and explosive substances, and relative to background investigations and criminal records checks for applicants for private detective or security services. Vote 5-0

Ought to Pass, Senator Barnes for the committee.

HB 1473-FN-A, relative to the capital appropriation made to the department of transportation for the new garage and testing lab facility. Vote 6-0

Ought to Pass, Senator Larsen for the committee

HB 1478-FN-A, relative to public health emergency preparation and response.Vote 4-1

Ought to Pass, Senator Gatsas for the committee

HB 1482-FN-A, re-authorizing the motor oil discharge cleanup fund established under RSA 146-F, and establishing new positions at the department of environmental services and making appropriations therefor. Vote 5-1

Ought to Pass, Senator Barnes for the committee

PUBLIC AFFAIRS

HB 424, establishing a committee to study the exemption from property taxes for not-for-profit hospitals. Vote 4-0

Ought to Pass, Senator Roberge for the committee.

HB 517-L, relative to supply of water by village districts. Vote 4-0

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

HB 617, (New Title) relative to additional exceptions to junk yard regulation. Vote 4-0

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

HB 650-FN, relative to master plans. Vote 4-0

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

HB 722, (New Title) relative to town, village district, and school district elections. Vote 3-0

Inexpedient to Legislate, Senator Disnard for the committee.

HB 1112, relative to the notice period for hearings on excavation permits. Vote 3-0

Ought to Pass, Senator Francoeur for the committee.

HB 1156, relative to the issuance of building permits on private roads. Vote 4-0

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

HB 1193-L, relative to local enforcement of junk yards and motor vehicle recycling yards. Vote 3-0

Ought to pass with amendment, Senator Roberge for the committee

HB 1196, (New Title) enabling municipalities to adopt a property tax exemption for deaf or severely hearing impaired persons. Vote 2-0

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

HB 1221, relative to coordinating certain town and school district meetings. Vote 3-0

Ought to Pass, Senator Roberge for the committee.

HB 1246, relative to the chairperson of the board of recount in school district recounts. Vote 3-0

Ought to Pass, Senator Roberge for the committee.

HB 1274, (New Title) relative to town clerks and deputy town clerks. Vote 3-0

Ought to Pass, Senator Disnard for the committee.

HB 1284, relative to the time frame for petitions for zoning changes submitted to local planning boards. Vote 3-0

Inexpedient to Legislate, Senator Francoeur for the committee.

HB 1288, relative to regular meetings of local planning boards. Vote 3-0

Inexpedient to Legislate, Senator Francoeur for the committee.

HB 1308, relative to checklist corrections on election day. Vote 2-0

Ought to Pass, Senator Roberge for the committee.

HB 1344-L, (New Title) establishing a village plan alternative subdivision in zoning and land use planning laws. Vote 3-0

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

HB 1398, relative to the vote required for issuance of bonds by the Sunapee water and sewer commission. Vote 3-0

Ought to Pass, Senator Disnard for the committee.

HB 1407, (New Title) relative to the definition of abutter in planning and zoning laws, allowing planning and zoning boards to require public notice by posting signs for hearings on the property, and relative to establishing certain criteria to permit variances from zoning ordinances. Vote 3-0

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

HB 1410-L, (New Title) ratifying the 2001 Amherst annual town meeting, and the 2001 Pembroke town meeting.

SPLIT REPORT: Ought to pass with amendment, Senator Francoeur for the committee.

Vote 2-2

SPLIT REPORT: Ought to pass with amendment, Senator Disnard for the committee.

Vote 2-2

PUBLIC INSTITUTIONS, HEALTH & HUMAN SERVICES

HB 1465, extending the New Hampshire task force on deafness and hearing loss. Vote 3-0

Ought to Pass, Senator McCarley for the committee.

AMENDMENTS

Senate Education

April 15, 2002

2002-3477s

04/01

Amendment to HB 298-FN-LOCAL

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

AN ACT relative to charter schools.

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

1 New Section; Charter Schools and Open Enrollment Schools; Alternative Procedure for Approval of Charter Schools. Amend RSA 194-B by inserting after section 3 the following new section:

194-B:3-a Charter School Approval by State Board of Education Pilot Program.

I. There is hereby established a 10-year pilot program which authorizes the state board of education to grant charter status under this section. Beginning January 1, 2002, the state board of education shall be authorized to grant no more than 2 state charter school applications each year.

II. The proposed charter school application shall be presented for approval directly to the state board of education by the applicant of the prospective charter school no later than June 15 of the year preceding intended operation. The content of such application shall conform to the requirements set forth in RSA 194-B:3, II (a)-(bb). The department of education shall notify an applicant of any missing information within 10 days of the initial filing or by June 30, whichever is earlier. The applicant shall have until July 15 to refile an application.

III. The department of education may forward the proposed application to the applicant, along with a written statement detailing any suggested amendments or modifications.

IV. By September 30 of the given year, the state board of education shall either approve or deny an application based on the criteria set forth in RSA 194-B:1-a. Approval of an application constitutes the granting of charter status and the right to operate as a charter school. The state board of education shall notify all applicants of their decision, and shall include in any notice of denial a statement that the applicant may reapply under RSA 194-B:3, RSA 194-B:4, or under this section in a subsequent year.

V.(a) The following provisions of law shall not apply to charter school applications proposed under this section, or to charter schools granted approval for operation under this section:

(1) RSA 194-B:3, II (cc).

(2) RSA 194-B:3, III-IV.

(3) RSA 194-B:3, XI.

(4) RSA 194-B:4.

(5) RSA 194-B:15, II.

(b) Except as provided in this paragraph, the provisions of RSA 194-B shall apply to charter schools approved for operation by the state board of education under this section.

2 Charter School Funding. Amend RSA 194-B:11, I to read as follows:

I. There shall be no tuition charge for any pupil attending an open enrollment or charter conversion school located in that pupil's resident district. Funding limitations in this chapter shall not be applicable to charter conversion or open enrollment schools located in a pupil's resident district. For any other charter or open enrollment school, the pupil's resident district shall pay to such school [an amount equal to not less than 80 percent of that district's average cost per pupil as determined by the department of education using the most recent available data as reported by the district to the department] tuition in the amount equal to the average base cost per pupil as determined in RSA 198:40. Tuition amounts shall be prorated on a per diem basis for pupils attending a school for less than a full school year. To the extent permitted by law, [~~funding for a pupil attending a charter or open enrollment school shall be paid on the same time schedule as the resident district,~~] tuition payments shall coincide with the distribution of adequacy grants under RSA 198:42 or on such other terms as [~~the school and the funding source may find~~] as are mutually acceptable.

3 New Paragraphs; Charter School Funding. Amend RSA 194-B:11 by inserting after paragraph VIII the following new paragraphs:

IX.(a) The pupil’s resident school district shall pay cash or may issue reimbursement anticipation notes as set forth in RSA 198:20-d for each year in which a resident pupil attends a charter school approved by the state board of education. The reimbursement anticipation note shall be in the amount of the average base cost per pupil of an elementary or high school pupil, as calculated under RSA 198:40, for the year of attendance at the charter school, and shall be issued to the charter school prior to the beginning of the school year of the charter school. Each reimbursement anticipation note issued shall be for a term of 3 years from the date of issue or would be redeemable by the charter school at such time as the charter school or the pupil’s resident school district receives adequate education grant amounts pursuant to RSA 198:42.

(b) Upon receipt of such reimbursement anticipation notes, the charter school may elect to borrow funds for the purpose of meeting general operating and maintenance expenses for charter school operations.

(c) Not more than 5 percent of the resident pupils in any grade shall be eligible to transfer to a charter school in any school year without the approval of the local school board.

X. As an alternative to paragraph IX, and subject to a written agreement by the school district and the charter school, the school district, in its budget, shall approve the payment of adequate education grants directly to the charter school for each resident pupil attending a charter school. Adequate education grant payments to the charter school shall be distributed in accordance with the schedule set forth in RSA 198:42.

4 New Paragraph; Charter and Open Enrollment Schools; Duties of the Board of Trustees. Amend RSA 194-B:5 by inserting after paragraph V the following new paragraph:

VI. The meetings and proceedings of the board of trustees shall be held in public session pursuant to RSA 91-A:2, except for those meetings or proceedings designated as nonpublic sessions as defined in RSA 91-A:3, II.

5 Repeal. RSA 194-B:3-a, relative to direct approval of charter schools by the state board of education, is repealed.

6 Effective Date.

I. Section 5 of this act shall take effect July 1, 2012.

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

2002-3477s

AMENDED ANALYSIS

This bill establishes a 10-year pilot program for the approval of up to 2 charter schools per year by the state board of education and creates certain exemptions from existing law relative to the approval process, while subjecting charter schools approved by the state board of education to the same oversight and reporting requirements found in the existing charter school laws. The bill provides that funding for charter schools shall be through reimbursement anticipation notes or by the adoption of a budget by the school district which includes the necessary amounts directly payable to the charter school.

Senate Education

April 15, 2002

2002-3476s

04/01

Amendment to HB 1281

Amend the introductory paragraph of section 3 of the bill by replacing it with the following:

3 Duties. The commission shall consider any relevant prior legislative reports in developing the focus of the study. In addition, the commission shall study:

Senate Education

April 15, 2002

2002-3482s

04/10

Amendment to HB 1446

Amend RSA 194:15-b as inserted by section 2 of the bill by replacing it with the following:

194:15-b New Hampshire School Patriot Act.

I. As a continuation of the policy of teaching our country’s history to the elementary and secondary pupils of this state, this section shall be known as the New Hampshire School Patriot Act.

II. A school district shall authorize a period of time during the school day for the recitation of the pledge of allegiance. Pupil participation in the recitation of the pledge of allegiance shall be voluntary.

III. Pupils not participating in the recitation of the pledge of allegiance may silently stand or remain seated but shall be required to respect the rights of those pupils electing to participate. If this paragraph shall be declared to be unconstitutional or otherwise invalid, the remaining paragraphs in this section shall not be affected, and shall continue in full force and effect.

Senate Finance

April 15, 2002

2002-3484s

01/09

Amendment to HB 179-FN

Amend paragraph I as inserted by section 7 of the bill by inserting after subparagraph (j) the following new subparagraph:

(k) A representative of the New Hampshire Police Association, appointed by that association.

Senate Finance

April 12, 2002

2002-3442s

08/10

Amendment to HB 207-FN-LOCAL

Amend the bill by replacing section 3 with the following:

3 Effective Date. This act shall take effect July 1, 2003.

Senate Finance

April 15, 2002

2002-3489s

08/03

Amendment to HB 213-FN

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

AN ACT establishing a study committee on education property tax hardship relief, relative to appraisals of property for ad valorem tax purposes, and making an operating budget appropriation for hardship grants nonlapsing.

Amend the bill by replacing all after section 5 with the following:

6 Appraisals of Property for Ad Valorem Tax Purposes. Amend RSA 21-J:11 to read as follows:

21-J:11 Appraisals of Property for Ad Valorem Tax Purposes.

I. Every person, firm, or corporation intending to engage in the business of making appraisals on behalf of a municipality for tax assessment purposes in this state shall notify the commissioner of that intent in writing. No person, firm, or corporation engaged in the business of making appraisals of taxable property for municipalities and taxing districts shall enter into any contract or agreement with any town, city, or other governmental division without first submitting a copy of the proposed contract or agreement to the commissioner for examination and approval [~~and submitting to the commissioner evidence of financial responsibility and professional capability~~] along with the names and qualifications of all personnel to be employed under the contract or agreement. This paragraph shall not apply to municipal employees.

II. The commissioner, at no expense to the municipality, shall monitor appraisals of property and supervise appraisers as follows:

(a) Assure that appraisals comply with all applicable statutes and rules;

(b) Assure that appraisers are complying with the terms of [~~any~~] the appraisal contract or agreement;

(c) Review the accuracy of appraisals by inspection, evaluation, and testing, in whole or in part, of data collected by the appraisers; and

(d) Report to the governing body on the progress and quality of the municipality's appraisal process.

III. The commissioner shall adopt rules under RSA 541-A relative to the: [~~provisions required of all contracts for appraisal services and the~~]

(a) Contract or agreement provisions for a full revaluation, a partial revaluation, or a statistical update.

(b) Methodology for inspection, evaluation, and testing of data for the purposes of appraisal monitoring.

7 New Section; Cessation of Unauthorized Appraisals. Amend RSA 21-J by inserting after section 14-j the following new section:

21-J:14-k Cessation of Unauthorized Appraisals. The commissioner, or the commissioner’s authorized agents, may issue a written cease and desist order against any person, firm, corporation, or municipality that does not comply with RSA 21-J:11, I or RSA 21-J:14-f. Any such act may be enjoined by the superior court, upon application of the attorney general.

8 Footnote Added; Hardship Grants. Amend 2001, 130:1.06, 03, 02, 02, 04, class 90 to read as follows:

FY 2002 FY 2003

90 Hardship Grants F 5,000,000 5,000,000

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

2002-3489s

AMENDED ANALYSIS

This bill establishes a study committee on education property tax hardship relief.

This bill changes certain requirements for appraisals of property for tax purposes.

The bill also makes an operating budget appropriation for fiscal year 2002 for hardship grants nonlapsing.

Senate Finance

April 12, 2002

2002-3446s

04/09

Amendment to HB 557-FN-A

Amend RSA 6:12, I(aa) as inserted by section 1 of the bill by replacing it with the following:

(aa) The assessments collected under RSA 188-F:31 and 651:63, V and the surcharges on state commissary purchases under RSA 622:7-b designated for the victims’ assistance fund which shall be credited to the victims’ assistance fund until that fund exceeds [~~$750,000~~] $900,000, at which time moneys in excess of [~~$750,000~~] $900,000 shall be credited to the general fund.

Amend the bill by replacing section 4 with the following:

4 Effective Date.

I. Section 1 of this act shall take effect July 1, 2003.

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

2002-3446s

AMENDED ANALYSIS

This bill removes the 25 percent cap on grants made from the victims’ assistance fund. The bill also provides that money in the victims’ assistance fund in excess of $900,000 shall lapse to the general fund.

Senate Finance

April 15, 2002

2002-3480s

10/04

Amendment to HB 587-FN-A

Amend RSA 19-I:7 as inserted by section 2 of the bill by replacing it with the following:

19-I:7 Funding; Authority to Accept Gifts. The commission may accept any gifts, donations, or grants from any source whatsoever provided the gifts, donations, or grants so received shall be used exclusively in the furtherance of the duties of the commission. No state general funds shall be appropriated to the commission for any purpose.

Amend the bill by replacing section 4 with the following:

4 Effective Date.

I. Section 3 of this act shall take effect September 1, 2007.

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

Senate Finance

April 15, 2002

2002-3472s

04/09

Amendment to HB 768-FN

Amend RSA 651-C:6 as inserted by section 1 of the bill by replacing it with the following:

651-C:6 Cost. The court, upon conviction, may order the offender to pay the cost of testing. The court shall include a statement describing the responsibility for the cost of testing in the sentencing order.

Amend the bill by replacing section 3 with the following:

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

Senate Finance

April 15, 2002

2002-3491s

04/09

Amendment to HB 1231-FN

Amend the bill by replacing section 2 with the following:

2 Capital Appropriation; Bonds Authorized. To provide funds for this act, any remaining sums in the appropriation originally designated in 1973, 567:1 (former RSA 188-E:10), and as amended, for construction appropriation for the state board of education to make grants to regional vocational education centers are hereby transferred for the purposes of this act and appropriated to the department of education. The commissioner is authorized to grant these funds for the acquisition of pre-engineering technology equipment available to all public secondary schools and regional career and technical centers. The state treasurer is hereby authorized to borrow upon the credit of the state not exceeding said sum and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest on the bonds and notes shall be made from the general fund of the state. The bonds shall be 5-year bonds. This appropriation shall lapse June 30, 2005.

2002-3491s

AMENDED ANALYSIS

This bill:

I. Establishes a pre-engineering technology curriculum in the public high schools in the state and creates a pre-engineering technology curriculum advisory council to advise the department of education on the implementation of such curriculum.

II. Transfers a capital appropriation to acquire pre-engineering technology equipment.

III. Provides that the words "community-technical" shall be included in any name change to any institution within the regional community-technical college system.

Senate Finance

April 12, 2002

2002-3444s

09/01

Amendment to HB 1270-FN

Amend the bill by replacing section 18 with the following:

18 Effective Date.

I. Sections 15-17 of this act shall take effect July 1, 2002.

II. The remainder of this act shall take effect January 1, 2003.

Senate Finance

April 15, 2002

2002-3474s

04/09

Amendment to HB 1426-FN

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

AN ACT relative to the availability of information on the registration of certain sexual offenders, and requiring certain sexual offenders and offenders against children to report any changes to such person’s place of employment or schooling.

Amend RSA 651-B:7, IV as inserted by section 1 of the bill by replacing it with the following:

IV. The division shall provide a copy of the list described in this section to each local law enforcement agency at periodic intervals, through written, electronic, computerized, or other accessible means, but in no event less frequently than once each month. The list shall be made available to interested members of the public upon request to [~~the~~] a local law enforcement agency. The department of safety may make the list available to interested members of the public through the use of the department’s official public Internet access site. The department shall adopt rules, pursuant to RSA 541-A, establishing procedures for the collection of information described in this section, the transmission of the information from the division to the local law enforcement agencies, and the conditions under which the list shall be made available to the public. These rules shall enable the public to request information about a named individual or about all listed individuals residing or confined in the state. The rules shall also include provisions for identifying and maintaining a record of the parties to whom information from the list has been disclosed, and may also provide for the imposition of a reasonable fee to defray the administrative costs of collecting the information and making the information available to the public.

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

2 Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6, II to read as follows:

II. Any sexual offender convicted of a violation or attempted violation of RSA 632-A:4 or RSA 645:1, II, and any offender against children convicted of a violation or attempted violation of RSA 633:3, or 645:2, I [~~or 649-A:3, III~~], or of an equivalent offense in an out-of-state jurisdiction, shall be registered for a 10-year period from the date of release following conviction, provided that any such registration period shall not run concurrently with any registration period resulting from a subsequent conviction.

3 Registration of Criminal Offenders; Duty to Report Amended. Amend RSA 651-B:4, I(a) to read as follows:

(a) Any person required to be registered under this chapter shall be required to report such person’s current mailing address [~~and~~], place of residence or temporary domicile, and place of employment or schooling to the local law enforcement agency within 30 days after the person’s release from custody following conviction, or within 30 days after the person’s date of establishment of residence in New Hampshire if convicted elsewhere. Such report shall also be made annually within 30 days after each anniversary of the person’s date of birth, and additionally within 30 days after any change of address or place of residence.

4 New Paragraph; Registration of Criminal Offenders; Change of Name, Alias, or Address Amended. Amend RSA 651-B:5 by inserting after paragraph II the following new paragraph:

III. Any sexual offender or offender against children who, with or without compensation, is employed by or attends any public or private educational institution for a period exceeding 14 consecutive days, or for an aggregate period of time exceeding 30 days during any calendar year, shall give written notification of any changes to the person’s place of employment or schooling to the local law enforcement agency to which he or she last reported under RSA 651-B:4 within 10 days of such change of place of employment or schooling. The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt. If the sexual offender or offender against children continues to be employed by or attend any public or private educational institution, the division shall notify the local law enforcement agency at the new place of employment or schooling, or the appropriate out-of-state law enforcement agency if the new place of place of employment or schooling is outside New Hampshire, and shall include such changes in the LENS system.

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

2002-3474s

AMENDED ANALYSIS

This bill:

I. Allows information on the registration of certain sexual offenders to be provided to law enforcement agencies through the use of electronic mail or other electronic formats and provides that registration information would be made available to the public through the department of safety’s official Internet website.

II. Requires any sexual offender, or offender against children, employed by or attending any public or private educational institution for a specific period of time to inform the proper local law enforcement agency of any change in such person’s place of employment or schooling.

Senate Finance

April 15, 2002

2002-3475s

01/09

Amendment to HB 1461-FN

Amend RSA 4:45 as inserted by section 4 of the bill by replacing it with the following:

4:45 State of Emergency Declaration; Powers.

I. The governor shall have the power to declare a state of emergency, as defined in RSA 21-P:35, VIII, by executive order if the governor finds that a natural, technological, or man-made disaster of major proportions is imminent or has occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. The general court shall have the same power to declare a state of emergency by concurrent resolution of the house and senate. An executive order or concurrent resolution declaring a state of emergency shall specify the:

(a) Nature of the emergency;

(b) Political subdivisions or geographic areas subject to the declaration;

(d) Duration of the state of emergency, if less than 21 days.

II.(a) A state of emergency shall terminate automatically 21 days after its declaration unless it is renewed under the same procedures set forth in paragraph I of this section. The governor may, by executive order, renew a declaration of a state of emergency as many times as the governor finds is necessary to protect the safety and welfare of the inhabitants of this state.

(b) If the governor finds that maintaining the state of emergency is no longer justified, the governor shall issue an executive order terminating the state of emergency.

(c) The legislature may terminate a state of emergency by concurrent resolution adopted by a majority vote of each chamber. The governor’s power to renew a declaration of a state of emergency shall terminate upon the adoption of a concurrent resolution under this subparagraph; provided, however, that such resolution shall not preclude the governor from declaring a new emergency for different circumstances under paragraph I of this section.

III. During the existence of a state of emergency, and only for so long as such state of emergency shall exist, the governor shall have and may exercise the following additional emergency powers:

(a) To enforce all laws, rules, and regulations relating to emergency management and to assume control of any or all emergency management forces and helpers in the state.

(b) To sell, lend, lease, give, transfer, receive, or deliver materials or perform services for emergency management purposes on such terms and conditions as the governor shall prescribe and without regard to the limitations of any existing law, and to account to the state treasurer for any funds received for such property.

(c) To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the state and to take such steps as are necessary for the receipt and care of such evacuees.

(d) Subject to the provisions of the state constitution, to remove from office any public officer having administrative responsibilities under RSA 21-P:34 through 21-P:48. Such removal shall be upon charges after service upon such person of a copy of such charges and after giving him an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the governor may suspend such person for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section shall be filled by the governor until it is filled as otherwise provided by law.

(e) To perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population.

(f) To declare an emergency temporary location or locations for the seat of state government at such place or places within this state as the governor may deem advisable under the circumstances and to take such action and issue such orders as may be necessary for an orderly transaction of the affairs of state government to such emergency temporary location or locations. Such emergency temporary location or locations shall remain the seat of government until the legislature shall by law establish a new location or locations or until the state of emergency is declared to be ended by the governor and the seat of government is returned to its normal location.

Senate Finance

April 15, 2002

2002-3485s

10/09

Amendment to HB 1462-FN-A-LOCAL

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

AN ACT establishing a committee to study the repeal of the statewide education property tax.

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

1 Committee Established. There is established a committee to study the repeal of the statewide education property tax.

2 Membership and Compensation.

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

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

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

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

3 Duties. The committee shall:

I. Study the effects of a repeal of the statewide education property tax under RSA 76:3.

II. Conduct an examination of alternative revenue streams in the event of the repeal of the statewide education property tax.

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

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before December 1, 2002.

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

2002-3485s

AMENDED ANALYSIS

This bill establishes a committee to study the repeal of the statewide education property tax.

Public Affairs

April 15, 2002

2002-3465s

10/09

Amendment to HB 517-LOCAL

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

AN ACT relative to supply of water by village districts, and authorizing Carroll county to operate a public water system.

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

4 New Paragraph; Jurisdiction. Amend RSA 23:1-a by inserting after paragraph II the following new paragraph:

III. In addition to the powers conferred by paragraphs I and II, the county of Carroll is further empowered to exercise jurisdiction over, to operate, and maintain a public water system within the borders of the town of Ossipee, notwithstanding that such areas are not adjacent to county buildings.

5 Authority for the County of Carroll to Operate and Maintain a Public Water System.

I. The county of Carroll is hereby empowered to exercise jurisdiction over, operate and maintain a public water system within the borders of the town of Ossipee.

II. In addition to the jurisdiction, authority, and powers conferred by paragraph I, the county of Carroll and the Carroll county commissioners are hereby vested with the like powers and duties held by municipalities of the state of New Hampshire, to the extent not inconsistent with state law relative to the authority of county governments.

III. The county of Carroll and the Carroll county commissioners are authorized and empowered to enter upon, take and appropriate any springs, streams, or ponds, not belonging to the county, to construct reservoirs, to make excavations through, over, in, or upon any land or enclosure, street, highway, way, or lane through which it may be necessary to pass or lay its pipes, to construct reservoirs and water works, and to repair and maintain them.

IV. The county of Carroll and the Carroll county commissioners are authorized and empowered to contract with individuals or corporations for supplying said county with water, to make such other contracts, to establish such regulations, tolls, rates, and charges for the use of water systems and facilities, and to collect charges and create liens upon the real estate where such services are furnished, as may from time to time be deemed proper.

V. All acts taken prior to the effective date of this act by the county of Carroll, the Carroll county commissioners and the officers and agents of said county, in constructing, maintaining and operating a public water system within the town of Ossipee are hereby legalized, ratified, and affirmed.

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

2002-3465s

AMENDED ANALYSIS

This bill provides that the public utilities commission shall hold public hearings concerning expansions of water district franchise areas, and that any change of boundaries be ratified in the same manner as the initial establishment of the district. This bill also allows a property owner to connect to municipal water supplies at his or her discretion.

This bill also authorizes Carroll county to operate a public water system.

Public Affairs

April 15, 2002

2002-3479s

08/10

Amendment to HB 617

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

1 Motor Vehicle Recycling Yards and Junk Yards; Scope. Amend RSA 236:111-a, I to read as follows:

236:111-a Scope.

I. Except as provided by paragraph II and III, the provisions of this subdivision shall apply to all junk yards, as defined by RSA 236:112, I, including those approved under RSA 149-M and those subject to regulation under RSA 236:90-110.

2 New Paragraph; Exceptions to Junkyard Regulations. Amend RSA 236:111-a by inserting after paragraph II the following new paragraph:

III. The provisions of this subdivision shall not apply to any noncommercial antique motor vehicle restoration activities involving antique motor vehicles over 25 years old, where the owner or lessee demonstrates that each of the following requirements are met:

(a) All antique motor vehicles kept on the premises are owned by the property owner or lessee; and

(b) All antique motor vehicles and parts of antique motor vehicles are kept out of view of the public and abutters by means of storage inside a permanent structure, or by suitable fencing which complies with the fencing requirements of RSA 236:123, or by trees or shrubbery sufficient to block visual access year round; and

(c) Any combination of antique motor vehicles or parts of antique motor vehicles that are not stored inside a permanent structure shall otherwise comply with the requirements of this section and shall not exceed a total amount of 15 vehicles. For purposes of this section, the sum of the parts of antique motor vehicles that equal in bulk to 1 antique motor vehicle shall be counted as 1 antique motor vehicle; and

(d) All mechanical repairs and modifications are performed out of view of the public and abutters; and

(e) Not more than one unregistered and uninspected motor vehicle that is not over 25 years old shall be kept on the premises; and

(f) The use of the premises is in compliance with all municipal land use ordinances and regulations.

3 Effective Date. This act shall take effect July 1, 2002 at 12:01 a.m.

Public Affairs

April 15, 2002

2002-3478s

08/10

Amendment to HB 650-FN

Amend RSA 674:2, III (l) and (m) as inserted by section 2 of the bill by replacing it with the following:

(l) A housing section which assesses local housing conditions and projects future housing needs of residents of all levels of income and ages in the municipality and the region as identified in the regional housing needs assessment performed by the regional planning commission pursuant to RSA 36:47, II, and which integrates the availability of human services with other planning undertaken by the community.

(m) An implementation section, which is a long range action program of specific actions, time frames, allocation of responsibility for actions, description of land development regulations to be adopted, and procedures which the municipality may use to monitor and measure the effectiveness of each section of the plan.

Amend the bill by replacing section 4 with the following:

4 Local Land Use; Adoption of Zoning Ordinances. Amend RSA 674:18 to read as follows:

674:18 Adoption of Zoning Ordinance. The local legislative body may adopt a zoning ordinance under RSA 674:16 only after the planning board has adopted the [~~general statement of objectives and the land use section~~] mandatory sections of the master plan as described in RSA 674:2, I and II.

Public Affairs

April 15, 2002

2002-3470s

10/04

Amendment to HB 1156

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

AN ACT relative to the issuance of building permits on private roads, relative to the building code for modular housing, and relative to the membership of the state building code review board

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

2 Modular Housing; Building Code. Amend RSA 205-C:1, II to read as follows:

II. "[~~State~~] Modular building code" means the state building code [~~pursuant to~~] as defined in and adopted in RSA 155-A, and the International Residential Code 2000 as published by the International Code Council.

3 Modular Building Standards; Modular Building Code. Amend RSA 205-C:2 to read as follows:

205-C:2 Modular Building Standard.

I. All modular buildings and building components ordered on or after the date one year after the effective date of RSA 155-A:2 shall comply with the [~~state~~] modular building code and the state fire code.

II. All modular buildings and building components bearing a label of certification pursuant to the requirements of this chapter shall be deemed by local enforcement agencies as meeting the [~~state~~] modular building code, however, such certification shall not be deemed to preempt enforcement of any state or local standards governing installation or work performed on the building site, including but not limited to site grading, foundations, driveways, on-site water and sewer systems or connections to off-site systems, and electrical line connections to the power source.

III. Nothing in this chapter shall be construed as amending, repealing or superseding any local law, ordinance, code or regulation, and all modular buildings and building components shall comply with all applicable state or local building requirements that exceed the [~~state~~] modular building code, in addition to any land use restrictions including but not limited to subdivision regulations, use and location restrictions, density and dimensional limitations, or historic district laws or ordinances.

4 State Building Code Review Board; Master Electrician Member. Amend RSA 155-A:10, I(n) to read as follows:

(n) One master electrician licensed in this state for a minimum of 5 years, nominated by the [~~New Hampshire Electrical Contractors Business Association~~] electricians’ board established in RSA 319-C.

5 Effective Date.

I. Section 4 of this act shall take effect April 17, 2002 at 12:01 a.m.

II. Sections 2 and 3 of this act shall take effect September 14, 2002 at 12:01 a.m.

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

2002-3470s

AMENDED ANALYSIS

This bill allows a building permit to be issued for a lot on a private road if the local governing body has voted to allow development on that private road. It relieves the municipality of any responsibility for maintaining private roads and relieves it from liability for damages resulting from the use of such roads. The bill requires the applicant to show that a notice of the limits of municipal responsibility and liability has been recorded in the county registry of deeds before the building permit may be issued.

This bill also changes the building code applicable to modular housing by applying the International Residential Code 2000 in addition to the state building code.

This bill also changes the nomination of the master electrician member of the state building code review board.

Public Affairs

April 15, 2002

2002-3486s

10/03

Amendment to HB 1193-LOCAL

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

AN ACT establishing a committee to study local enforcement of compliance with junk yard and motor vehicle recycling yard laws.

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

1 Committee Established. There is established a committee to study local enforcement of compliance with junk yard and motor vehicle recycling yard laws.

2 Membership and Compensation.

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

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

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

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

3 Duties. The committee shall study local enforcement of compliance with junk yard and motor vehicle recycling yard laws.

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

2002-3486s

AMENDED ANALYSIS

This bill establishes a committee to study local enforcement of compliance with junk yard and motor vehicle recycling yard laws.

Public Affairs

April 12, 2002

2002-3436s

10/04

Amendment to HB 1196

Amend RSA 72:38-b, V as inserted by section 3 of the bill by deleting subparagraph (c).

Amend the bill by replacing section 4 with the following:

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

Public Affairs

April 15, 2002

2002-3469s

06/01

Amendment to HB 1344-LOCAL

Amend the bill by replacing section 2 with the following:

2 New Paragraph; Village Plan Alternative Defined. Amend RSA 674:21 by inserting after paragraph V the following new paragraph:

VI.(a) In this section, "village plan alternative" means an optional land use control and subdivision regulation to provide a means of promoting a more efficient and cost effective method of land development. The village plan alternative’s purpose is to encourage the preservation of open space wherever possible. The village plan alternative subdivision is meant to encourage beneficial consolidation of land development to permit the efficient layout of less costly to maintain roads, utilities, and other public and private infrastructures; to improve the ability of political subdivisions to provide more rapid and efficient delivery of public safety and school transportation services as community growth occurs, and finally, to provide owners of private property with a method for realizing the inherent development value of their real property in a manner conducive to the creation of substantial benefit to the environment and to the political subdivision’s property tax base.

(b) An owner of record wishing to utilize the village plan alternative in the subdivision and development of a parcel of land, by locating the entire density permitted by the existing land use regulations of the political subdivision within which the property is located, on 20 percent or less of the entire parcel available for development, shall provide to the political subdivision within which the property is located, as a condition of approval, a recorded easement reserving the remaining land area of the entire, original lot, solely for agriculture, forestry, and conservation, or for public recreation. The recorded easement shall limit any new construction on the remainder lot to structures associated with farming operations, forest management operations, and conservation uses. Public recreational uses shall be subject to the written approval of those abutters whose property lies within the village plan alternative subdivision portion of the project at the time when such a public use is proposed.

(c) The village plan alternative shall permit the developer or owner to have an expedited subdivision application and approval process wherever land use and subdivision regulations may apply. The submission and approval procedure for a village plan alternative subdivision shall be the same as that for a conventional subdivision. Existing zoning and subdivision regulations relating to emergency access, fire prevention, and public health and safety concerns including any setback requirement for wells, septic systems, or wetland requirement imposed by the department of environmental services shall apply to the developed portion of a village plan alternative subdivision but lot size regulations and dimensional requirements having to do with frontage and setbacks measured from all new property lot lines, and lot size regulations, as well as density regulations shall not apply. The total density of development within a village plan alternate subdivision shall not exceed the total potential development density permitted a conventional subdivision of the entire original lot unless provisions contained with the political subdivision’s land use regulations provide a basis for increasing the permitted density of development within a village plan alternative subdivision. In no case shall a political subdivision impose lesser density requirements upon a village plan alternative subdivision than the density requirements imposed on a conventional subdivision.

(d) Within a village plan alternative subdivision, the exterior wall construction of buildings shall meet or exceed the requirements for fire-rated construction described by the fire prevention and building codes being enforced by the state of New Hampshire at the date and time the property owner of record files a formal application for subdivision approval with the political subdivision having jurisdiction of the project. Exterior walls and openings of new buildings shall also conform to fire protective provisions of all other building codes in force in the political subdivision. Wherever building code or fire prevention code requirements for exterior wall construction appear to be in conflict, the more stringent building or fire prevention code requirements shall apply.

(e) If the total area of a proposed village plan alternative subdivision including all roadways and improvements does not exceed 20 percent of the total land area of the undeveloped lot, and if the proposed subdivision incorporates the total sum of all proposed development as permitted by local regulation on the undeveloped lot, all existing and future dimensional requirements imposed by local regulation, including lot size, shall not apply to the development.

Public Affairs

April 15, 2002

2002-3471s

06/01

Amendment to HB 1407

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

AN ACT relative to the definition of abutter in planning and zoning laws.

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

1 General Provisions for Planning and Zoning; Definition of Abutter. Amend RSA 672:3 to read as follows:

672:3 Abutter. "Abutter" means any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the local land use board. For purposes of receiving testimony only, and not for purposes of notification, the term "abutter" shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration. For purposes of receipt of notification by a municipality of a local land use board hearing, in the case of an abutting property being under a condominium or other collective form of ownership, the term abutter means the officers of the collective or association, as defined in RSA 356-B:3, XXIII. For purposes of receipt of notification by a municipality of a local land use board hearing, in the case of an abutting property being under a manufactured housing park form of ownership as defined in RSA 205-A:1, II, the term "abutter" includes the manufactured housing park owner and the tenants who own manufactured housing which adjoins or is directly across the street or stream from the land under consideration by the local land use board.

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

2002-3471s

AMENDED ANALYSIS

This bill changes the definition of abutter in the planning and zoning laws to include manufactured housing park tenants.

Public Affairs

April 15, 2002

2002-3464s

10/04

Amendment to HB 1410-LOCAL

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

AN ACT ratifying the 2001 Amherst annual town meeting, requiring a referendum question in the city of Dover concerning the repeal of staggered terms for certain elected offices, and allowing the city of Dover to hold municipal elections in conjunction with the 2002 biennial election.

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

1 Ratification of the 2001 Amherst Annual Town Meeting. All acts, notices, votes, and proceedings pertinent to articles 4 and 7 of the Amherst town meetings held on February 7, 2001 and March 13, 2001, are hereby legalized, ratified, and confirmed.

2 Referendum Question to Amend the City Charter of Dover. A proposed amendment to the charter of the city of Dover shall be placed on a ballot at the November 2002 Dover biennial election to repeal the provisions for staggered terms adopted by the voters on November 7, 2000.

3 Local Elections in the City of Dover; Conjunction With Biennial Election Permitted. Notwithstanding RSA 44:11, the city of Dover may hold municipal elections in conjunction with the 2002 biennial election.

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

2002-3464s

AMENDED ANALYSIS

This bill ratifies certain acts of the town meeting of Amherst.

This bill also requires a referendum question in the city of Dover concerning the repeal of staggered terms for certain elected offices, and permits the city of Dover to hold municipal elections in conjunction with the 2002 biennial election.

Public Affairs

April 15, 2002

2002-3466s

10/04

Amendment to HB 1410-LOCAL

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

AN ACT ratifying the 2001 Amherst annual town meeting, and the 2002 Pembroke town meeting, requiring a referendum question in the city of Dover concerning the repeal of staggered terms for certain elected offices, and allowing the city of Dover to hold municipal elections in conjunction with the 2002 biennial election.

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

2 Ratification of April 21, 2001 Pembroke Town Meeting. All acts, votes, notices, and proceedings pertinent to article 3 of the Pembroke town meeting held on April 21, 2001, are hereby legalized, ratified, and confirmed.

3 Referendum Question to Amend the City Charter of Dover. A proposed amendment to the charter of the city of Dover shall be placed on a ballot at the November 2002 Dover biennial election to repeal the provisions for staggered terms adopted by the voters on November 7, 2000.

4 Local Elections in the City of Dover; Conjunction With Biennial Election Permitted. Notwithstanding RSA 44:11, the city of Dover may hold municipal elections in conjunction with the 2002 biennial election.

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

2002-3466s

AMENDED ANALYSIS

This bill ratifies the town meetings of Amherst and Pembroke.

HEARINGS
MONDAY, APRIL 15, 2002

EDUCATION, Room 105-A, SH

12:00 p.m. EXECUTIVE SESSION ON ALL PENDING LEGISLATION

PUBLIC AFFAIRS, Room 105-A, SH

10:00 a.m. EXECUTIVE SESSION ON ALL PENDING LEGISLATION

TUESDAY, APRIL 16, 2002

· PLEASE NOTE THE TIME CHANGE FOR EXECUTIVE SESSION

INTERNAL AFFAIRS, Room 103, LOB

11:00 a.m. EXECUTIVE SESSION ON ALL PENDING LEGISLATION

HB 1405, relative to the Memorial Day holiday.

HCR 14, (New Title) declaring it to be wrongful for the judiciary, either directly or indirectly, to define an adequate education or the cost of an adequate education.

HB 1441, relative to the availability of records of the joint committee on legislative facilities.

· PLEASE NOTE THE TIME CHANGE FOR EXECUTIVE SESSION

JUDICIARY, Room 102, LOB

8:30 a.m. EXECUTIVE SESSION ON ALL PENDING LEGISLATION

HB 386, relative to the relocation of the principal residence of a child.

HB 447, (New Title) establishing a task force on family law.

HB 465, (New Title) relative to membership of attorneys in the New Hampshire Bar Association and lobbying by the Bar Association.

HB 586, excluding stepchildren from the definition of "child" in the context of support orders.

HB 661, relative to hearing timelines in abuse and neglect cases.

HB 678, relative to notice of release of an inmate from state prison.

HB 686, relative to the scope of discovery in abuse and neglect cases.

HB 706, (New Title) relative to mediation in superior court cases involving children.

HB 1108, (New Title) relative to administrative license suspension hearings.

HB 1137, relative to the crime of resisting arrest.

HB 1147, relative to the annulment of certain criminal offenses committed under the laws of another jurisdiction.

HB 1175, relative to proclaiming oneself a New Hampshire native.

HB 1217, relative to payment of trust income.

HB 1249, adopting the model Drug Dealer Liability Act.

HB 1311, (New Title) relative to certain mental health records and establishing a committee to study the protection of certain medical information.

HB 1338, clarifying that the judicial council is responsible for payment of indigent defense expenses.

HB 1390, relative to quality assurance information.

HB 1406, (New Title) permitting the nomination of a guardian for the children of activated members of the armed services or for incapacitated persons for whom the activated member is the guardian, and creating a committee to study the New Hampshire national guard education assistance act.

HB 1420, relative to exceptions to the prohibition on persons practicing as attorneys when not admitted to practice by the supreme court.

HB 1433, (New Title) prohibiting intoxication and constructive possession of alcohol by minors.

HB 1457, authorizing emergency medical care providers to withdraw blood for certain alcohol concentration tests.

· PLEASE NOTE HB 2000 WAS RECESSED ON APRIL 12^TH

TRANSPORTATION, Room 104, LOB

8:30 a.m. HB 2000, (New Title) relative to the state 10-year transportation improvement program, relative to proposed toll booths in the city of Nashua, and relative to the Troy Village bypass.

· PLEASE NOTE HB 1235, HAS BEEN RESCHEDULED FROM APRIL 9^TH

WILDLIFE & RECREATION, Room 101, LOB

10:15 a.m. HB 1235, relative to operation of motorized vessels and safe boater education.

WEDNESDAY, APRIL 17, 2002

CAPITAL BUDGET, Room 103, SH

2:00 p.m. HB 1370, relative to establishing a 6-year capital budget.

EDUCATION, Room 105-A, SH

1:00 p.m. HB 1483, (New Title) relative to municipal budget committees.

ENVIRONMENT, Room 104, LOB

8:30 a.m. HB 1449-A, (New Title) establishing a pilot program to study and establish protected instream flows and water management plans on the Lamprey River and the Souhegan River.

· PLEASE NOTE HB 1218 CANCELLED

HB 1208, HB 1318, HAVE BEEN RESCHEDULED FROM APRIL 3^RD

HB 1429 HAS BEEN RESCHEDULED FROM APRIL 10^TH

EXECUTIVE DEPARTMENTS & ADMINISTRATION, Room 104, LOB

1:00 p.m. HB 1208, relative to real estate broker liens.

Cancelled HB 1218, relative to the regulation of pharmacists and prescription drug orders.

2:00 p.m. HB 1318, (New Title) relative to the regulation of the use of pharmaceutical agents and the treatment of glaucoma by licensed optometrists.

2:15 p.m. HB 1429, relative to the scope of the consumer protection act.

INSURANCE, Room 101, LOB

9:00 a.m. EXECUTIVE SESSION ON ALL PENDING LEGISLATION

HB 672, (New Title) relative to insurance coverage for mental and nervous conditions and for treatment for chemical dependency.

HB 1142, relative to the advisory council on unemployment compensation.

HB1194, relative to medical records.

JUDICIARY, Room 102, LOB

8:30 a.m. EXECUTIVE SESSION ON ALL PENDING LEGISLATION