{"id": "HB2", "year": 1995, "term": "1995-1996", "title": "relative to state fees, funds, revenues and expenditures.", "narrative": "It was introduced on March 9, 1995 and referred to the House Finance committee. The majority of the committee recommended that the House pass it with changes unanimously, 20\u20130. On April 13, 1995 the House voted to pass it with changes on a voice vote. It crossed to the Senate on April 13, 1995 and was referred to the Senate Finance committee. The committee held a public hearing on April 19, 1995. The committee recommended that the Senate pass it with changes. On May 18, 1995 the Senate voted to pass it with changes on a roll call 18\u20136. On May 23, 1995 the House voted to reject the other chamber's changes on a voice vote. On May 23, 1995 the Senate adopted \u201cAccede to Request for Committee of Conference\u201d on a voice vote. On May 31, 1995 the House adopted \u201cSuspend Rules on deadline\u201d, on a motion by Rep. A Torr & Buckley. On May 31, 1995 the Senate adopted \u201cSuspend Rules on deadline\u201d, on a motion by Sen. Stawasz. A committee of conference met on June 13, 1995 and June 20, 1995 to try to settle the differences between the two chambers' versions of the bill. On June 29, 1995 the Senate adopted \u201cConference Committee Report\u201d on a voice vote. On June 29, 1995 the House adopted \u201cConference Committee Report\u201d on a roll call 261\u201379. An enrolled bill amendment (3004) was adopted on June 29, 1995. These correct technical errors found after passage. An enrolled bill amendment () was adopted on June 29, 1995. These correct technical errors found after passage. The bill was enrolled on June 29, 1995 \u2014 the final check of the text before it goes to the governor. The governor signed it on July 3, 1995, making it Chapter 308 of the session laws. It took effect on June 12, 1995.", "stages": [{"label": "House Committee (Finance)", "hand": "H:committee", "text": "It was introduced on March 9, 1995 and referred to the House Finance committee. The majority of the committee recommended that the House pass it with changes unanimously, 20\u20130.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On April 13, 1995 the House voted to pass it with changes on a voice vote.", "notes": []}, {"label": "Senate Committee (Finance)", "hand": "S:committee", "text": "It crossed to the Senate on April 13, 1995 and was referred to the Senate Finance committee. The committee held a public hearing on April 19, 1995. The committee recommended that the Senate pass it with changes.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On May 18, 1995 the Senate voted to pass it with changes on a roll call 18\u20136.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On May 23, 1995 the House voted to reject the other chamber's changes on a voice vote.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On May 23, 1995 the Senate adopted \u201cAccede to Request for Committee of Conference\u201d on a voice vote.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On May 31, 1995 the House adopted \u201cSuspend Rules on deadline\u201d, on a motion by Rep. A Torr & Buckley.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On May 31, 1995 the Senate adopted \u201cSuspend Rules on deadline\u201d, on a motion by Sen. Stawasz.", "notes": []}, {"label": "Committee of Conference", "hand": "C:conference", "text": "A committee of conference met on June 13, 1995 and June 20, 1995 to try to settle the differences between the two chambers' versions of the bill.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On June 29, 1995 the Senate adopted \u201cConference Committee Report\u201d on a voice vote.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On June 29, 1995 the House adopted \u201cConference Committee Report\u201d on a roll call 261\u201379.", "notes": []}, {"label": "With the Governor", "hand": "G:governor", "text": "An enrolled bill amendment (3004) was adopted on June 29, 1995. These correct technical errors found after passage. An enrolled bill amendment () was adopted on June 29, 1995. These correct technical errors found after passage. The bill was enrolled on June 29, 1995 \u2014 the final check of the text before it goes to the governor. The governor signed it on July 3, 1995, making it Chapter 308 of the session laws. It took effect on June 12, 1995.", "notes": []}], "notes": [], "vote_note": "4 of the floor votes on this bill were voice or division votes, which do not record how individual legislators voted.", "events": [{"date": "1995-03-09", "text": "INTRODUCED AND REF TO FINANCE; HJ35,P1025", "routine": false, "cite": "HJ 35"}, {"date": "1995-03-14", "text": "HEARINGS MAR27 1:00 - 5:00 & 7:00 - 9:00PM REPS HALL, ST HOUSE", "routine": false}, {"date": "1995-03-23", "text": "<MAR27 HEARINGS JT WITH SENATE FINANCE>", "routine": false}, {"date": "1995-04-10", "text": "MAJ REPORT OTP/AM FOR APR13 (VOTE 20-0)", "routine": false}, {"date": "1995-04-10", "text": "PROP FIN COMM AM<2108>; HC50,P1458-1462", "routine": false, "cite": "HC 50"}, {"date": "1995-04-13", "text": "COMM AM, AA VV; PASSED WITH AM VV; HJ55,P1541-1545 + 1557", "routine": false, "cite": "HJ 55"}, {"date": "1995-04-13", "text": "INTRODUCED AND REF TO FINANCE; SJ13,P236", "routine": false, "cite": "SJ 13"}, {"date": "1995-04-19", "text": "HEARING APR19 01:00 RM103,ST HOUSE FOR: FINANCE", "routine": false}, {"date": "1995-05-17", "text": "COMM REPORT OTP/AM MAY18", "routine": false}, {"date": "1995-05-17", "text": "PROP FIN COMM AM<2651>; SC38,P15-41", "routine": false, "cite": "SC 38"}, {"date": "1995-05-18", "text": "FIN COMM AM<2651>, AA VV; SEN BLAISDELL FL AM<2654>, AA VV; SEN PIGNATELLI FL AM<2688>, AL RC(7-17); SEN CURRIER FL AM<2680>, AA VV; SEN LARSEN FL AM<2687>, AL RC(6-18); SEN J KING FL FL AM<2674>, AL RC(6-18); SEN SHAHEEN FL AM<2670>, AL RC(7-17); PASSED WITH AM RC(18-6); SJ21,P403-438 + 442", "routine": false, "cite": "SJ 21"}, {"date": "1995-05-23", "text": "HOUSE NONC WITH SEN AM REQ CONF COMM, REP C BROWN MA VV; HJ71,P1947", "routine": false, "cite": "HJ 71"}, {"date": "1995-05-23", "text": "<SPKR APPTS REPS: F TORR, C BROWN, A TORR, HESS & TROMBLY>", "routine": false}, {"date": "1995-05-23", "text": "<ALTS: REPS BURNS, BEAN, DOWLING, BUCKLEY, WALLNER & SCHOTANUS>", "routine": false}, {"date": "1995-05-23", "text": "SEN ACCEDED TO REQ FOR CONF COMM, SEN CURRIER MA VV; SJ22,P470", "routine": false, "cite": "SJ 22"}, {"date": "1995-05-23", "text": "<PRES APPTS SENS: CURRIER, BLAISDELL & KEOUGH>", "routine": false}, {"date": "1995-05-23", "text": "<ALTS: SENS COLANTUONO & DELAHUNTY>", "routine": false}, {"date": "1995-05-31", "text": "REPS A TORR & BUCKLEY SUSP JT RULES ON DEADLINE, MA 2/3VV; HJ74, P2014 (+ SEE PERM JRNL)", "routine": false, "cite": "HJ 74"}, {"date": "1995-05-31", "text": "SEN STAWASZ SUSP JT RULES ON DEADLINE, MA 2/3VV; SJ23,P483", "routine": false, "cite": "SJ 23"}, {"date": "1995-06-13", "text": "CONF COMM MEETING JUN13 01:45 RMS210-211,LOB", "routine": false}, {"date": "1995-06-14", "text": "<ADDITIONAL ALT: REP WALLNER; HJ81,P2095>", "routine": false, "cite": "HJ 81"}, {"date": "1995-06-15", "text": "<ADDITIONAL ALT: REP SCHOTANUS; HJ81,P2095>", "routine": false, "cite": "HJ 81"}, {"date": "1995-06-20", "text": "CONF COMM MEETING JUN20 01:30 RMS210-211,LOB", "routine": false}, {"date": "1995-06-23", "text": "CONF COMM REPORT (SEN AM + NEW AM<2992>) FILED", "routine": false}, {"date": "1995-06-29", "text": "CONF COMM REPORT ADOPTED VV; SJ25,P545-570", "routine": false, "cite": "SJ 25"}, {"date": "1995-06-29", "text": "CONF COMM REPORT ADOPTED RC(261-79); HJ81,P2112-2114", "routine": false, "cite": "HJ 81"}, {"date": "1995-06-29", "text": "ENROLLED AM<3004>, ADOPTED; HJ81,P2121", "routine": false, "cite": "HJ 81", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1995-06-29", "text": "ENROLLED AM, AA; (SEE PERMANENT JOURNAL)", "routine": false}, {"date": "1995-06-29", "text": "ENROLLED; HJ81,P2121", "routine": false, "cite": "HJ 81", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1995-06-29", "text": "ENROLLED; SJ25,P583", "routine": false, "cite": "SJ 25", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1995-07-03", "text": "SIGNED BY GOVERNOR 07/03/95 EFF: 06/12/95* CHAP.0308", "routine": false}], "next_step": "Signed into law", "archived": {"docket": true, "sponsors": true, "reports": false, "votes": false, "video": false, "hearings": true, "committee": true}, "status_source": "General Court docket", "chapter": "308", "journey": {"steps": [{"date": "1995-04-13", "body": "H", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "1995-05-18", "body": "S", "act": "passed", "mark": "p", "text": "Passed with an amendment, 18\u20136"}, {"date": "1995-05-23", "body": "H", "act": "nonconcurred", "mark": "h", "text": "Refused the Senate's amendment and asked for a committee of conference on a voice vote"}, {"date": "1995-06-29", "body": "S", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report on a voice vote"}, {"date": "1995-06-29", "body": "H", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report, 261\u201379"}, {"date": "1995-07-03", "body": "G", "act": "signed", "mark": "p", "text": "Signed"}, {"date": "", "body": "L", "act": "law", "text": "Chapter 308", "mark": "p"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "1995-03-09", "say": "Introduced"}, {"stop": "House", "mark": "p", "date": "1995-04-13", "say": "Passed with an amendment on a voice vote"}, {"stop": "Senate", "mark": "p", "date": "1995-05-18", "say": "Passed with an amendment, 18\u20136"}, {"stop": "Governor", "mark": "p", "date": "1995-07-03", "say": "Signed"}, {"stop": "Law", "mark": "p", "date": "", "say": "Chapter 308"}]}, "text_url": "", "facts": {"gen_status": "SIGNED BY GOVERNOR", "house_status": "CONFERENCE REPORT ADOPTED", "senate_status": "CONFERENCE REPORT ADOPTED"}, "sponsors": [{"member_id": "", "name": "C. Brown", "party": "", "chamber": "H", "county": "Grafton", "district": "14", "label": "Rep. C. Brown (Graf 14)", "sequence": 0, "prime": true, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. C. Brown, Graf 14", "display_plain": "Rep. C. Brown", "display": "Rep. C. Brown", "display_full": "Rep. C. Brown (Graf 14)", "district_label": "Graf 14", "sort": "brown, c.", "slug": ""}], "rollcalls": [{"date": "1995-04-13", "body": "H", "question": "Ought to Pass with Amendment", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "otpa", "mf": {}}, {"date": "1995-05-23", "body": "H", "question": "Nonconcur and Request Committee of Conference", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "nonconcur_conference", "mf": {}, "mrec": "Nonconcur and Request Committee of Conference"}, {"date": "1995-05-23", "body": "S", "question": "Accede to Request for Committee of Conference", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "accede", "mf": {}, "mrec": "Accede to Request for Committee of Conference"}, {"date": "1995-06-29", "body": "S", "question": "Conference Committee Report", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "conference_report", "mf": {}, "mrec": "Conference Committee Report"}], "stations": [{"when": "1995-03-27", "time": "13:00", "what": "hearing", "committee": "", "body": "H", "venue": "- 5:00 & 7:00 - 9:00PM REPS HALL, ST HOUSE", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "1995-04-19", "time": "13:00", "what": "hearing", "committee": "Finance", "body": "S", "venue": "RM103,ST HOUSE", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "1995-06-13", "time": "13:45", "what": "committee of conference", "committee": null, "venue": "RMS210-211,LOB", "video_id": "", "watch": null, "predicted": null, "start": null, "debate_end": null, "window_start": null, "motions": [], "tallies": [], "state": "prestream", "candidate": null}, {"when": "1995-06-20", "time": "13:30", "what": "committee of conference", "committee": null, "venue": "RMS210-211,LOB", "video_id": "", "watch": null, "predicted": null, "start": null, "debate_end": null, "window_start": null, "motions": [], "tallies": [], "state": "prestream", "candidate": null}], "reports": [], "docket_reports": [{"date": "1995-04-10", "dated": "recorded", "body": "H", "committee": "Finance", "side": "Majority", "recommendation": "OUGHT TO PASS WITH AMENDMENT", "vote_yeas": 20, "vote_nays": 0, "amendment": "", "new_title": false, "cite": "", "cite_url": ""}, {"date": "1995-05-17", "dated": "recorded", "body": "S", "committee": "Finance", "side": "", "recommendation": "OUGHT TO PASS WITH AMENDMENT", "vote_yeas": null, "vote_nays": null, "amendment": "", "new_title": false, "cite": "", "cite_url": ""}], "report_actions": [], "veto_message": null, "bill_note": {"from": "1993-1994", "chamber": "H", "label": "The budget trailer bill", "note": "HB 2 is known as the budget trailer bill, filed alongside HB 1 in the first year of the term. Because HB 1 only specifies monetary amounts, HB 2 contains the statutory law changes, fee adjustments, and policy language needed to execute and pay for that spending. HB 2 can make changes to state tax structures, raise or lower state fees, and update funding formulas. HB 2 may also contain policy items not directly related to the budget through amendments.", "checked": "2026-09-10"}, "subject": "Children", "subject_source": "granite record", "house_committee": "Finance", "senate_committee": "Finance", "lsr": "1995-911", "docket_url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=911&sy=1995&txtsessionyear=1995&txtbillnumber=hb2&sortoption=billnumber", "documents": [{"label": "Bill status page", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/Bill_status.aspx?lsr=911&sy=1995&txtsessionyear=1995&txtbillnumber=hb2&sortoption=billnumber", "kind": "status"}, {"label": "Docket", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=911&sy=1995&txtsessionyear=1995&txtbillnumber=hb2&sortoption=billnumber", "kind": "docket"}], "amendments": [{"num": "3004", "kind": "Enrolled Bill Amendment", "where": "enrolment", "date": "1995-06-29", "body": "H", "adopted": true, "vote_kind": "", "mover": "", "proposed_by": "", "text": "", "source": "", "targets": [], "supersedes": []}], "billtext": {"version": "", "title": "", "analysis": "This bill:\n\nI. Makes housekeeping changes to certain laws regarding the department of resources and economic development.\n\nII. Removes certain rulemaking authority of the department or resources and economic development which conflicts with standard rulemaking procedures.\n\nIII. Requires the Pease development authority to coordinate its publicity efforts with the department of resources and economic development.\n\nIV. Clarifies the compliance requirements of the board of directors of the Pease development authority in preparation of an operating budget.\n\nV. Allows the commissioner of the department of safety to request a transfer of funds from the vanity plate fund if the driver training fund is insufficient to cover the costs of the driver training program.\n\nVI. Allows the division of mental health and developmental services to transfer funds between and among permanent personal services and benefit appropriations within certain appropriations to the New Hampshire hospital.\n\nVII. Allows the department of health and human services to use some funds, which would otherwise lapse to the salary adjustment funds, to provide training for department personnel.\n\nVIII. Causes certain moneys in the laboratory equipment fund of the department of environmental services to lapse in fiscal years 1996 and 1997.\n\nAMENDED ANALYSIS\n\n(cont.)\n\nIX. Forgives budget deficits of the Christa McAuliffe planetarium incurred or carried forward through June 30, 1995.\n\nX. Establishes a committee to study and make recommendations concerning the issue of data center consolidation.\n\nXI. Reinstates on July 1, 1997, an exemption for the increase or conversion of beds under the certificate of need law, which was eliminated in HB 60-FN of the 1995 legislative session.\n\nXII. Changes the definition of eligibility for aid to the permanently and totally disabled.\n\nXIII. Authorizes the director of the division of human services to establish subsequent consolidated standards of payment subject to appropriated funds and applicable federal regulations.\n\nXIV. Authorizes the director of human services to adopt emergency rules to implement the provisions provided in this bill.\n\nXV. Lowers the salary group of the director for children, youth, and families, but continues the current director's salary and scheduled raises until the director's term of office expires.\n\nXVI. Changes the health insurance plan of retired state employees and the eligible spouses or beneficiaries.\n\nXVII. Establishes a distribution schedule for special education payments and amends certain division of public health services license fees.\n\nAMENDED ANALYSIS\n\n(cont.)\n\nXVIII. Limits the eligibility for aid to assisted persons.\n\nXIX. Abolishes the hazardous waste transporter permit program and institutes a registration procedure. These provisions are intended to effectuate settlement of the American Trucking Associations, Inc. litigation.\n\nXX. Provides for the rehiring of laid off state employees resulting from the application of any state law.\n\nXXI. Directs the division of mental health and developmental services to continue efforts to prepare for and respond to state and federal health care reform and to prepare and submit for approval a waiver to federal medicaid regulations.\n\nXXII. Incorporates into the effective date law certain exceptions to the general effective date rule. This general rule requires acts of the general court to take effect 60 days after passage. Under current law, the exceptions are if the law is a resolution, if it is the type of law which requires a January 1 following passage effective date, or if the general court provides otherwise. The exceptions added by this bill are the exceptions which existed in former joint rule 15 of the general court.\n\nXXIII. Clarifies that the usual time of day for a law to take effect is 12:00 a.m. on the date the law becomes effective. Current law does not address this issue.\n\nXXIV. Allows the commissioner of safety to enter into an agreement with the unit of cost containment or with private entities to collect certain moneys owed to the state.\n\nAMENDED ANALYSIS\n\n(cont.)\n\nXXV. Adds a contingent provision for the payment of retirement benefits for a former group II permanent fireman.\n\nXXVI. Makes an appropriation for the Route 93 borrow-a-lane project.\n\nXXVII. Authorizes the commissioner of the department of resources and economic development to transfer funds within and among the appropriations for the operation of Cannon Mountain and Mount Sunapee.\n\nXVIII. Requires that all state employees be paid no more often than biweekly.\n\nXXIX. Requires that part-time justices be approved by the fiscal committee before they can become full-time.\n\nXXX. Exempts county nursing facilities from percentage requirements for medicaid beds.\n\nXXXI. Lowers the salary group of the assistant to the commissioner of the department of resources and economic development, but continues the current assistant's salary.\n\nXXXII. Establishes a new classification of pesticides and establishes fees.\n\nXXXIII. Provides a method for expeditious implementation for the procedure for cost allocation plans for the use of highway funds.\n\nAMENDED ANALYSIS\n\n(cont.)\n\nXXXIV. Authorizes the department of resources and economic development to collect parking violation fines at Hampton Beach.\n\nXXXV. Continues for another biennium certain appropriations made to the department of administrative services.\n\nXXXVI. Extends the lapse date on a portion of an appropriation made in 1993 for the purpose of providing a 20 percent state contribution to aid public water systems in achieving compliance with the Safe Drinking Water Act.\n\nXXXVII. Appropriates funds to the department of corrections for costs incurred for the reconstruction of the department's warehouse.\n\nXXXVIII. Extends the lapse date of an appropriation to the department of environmental services.\n\nXXXIX. Offers alternative methods by which foundation aid is calculated and requires certain minimum distributions.\n\nXL. Authorizes the sweepstakes commission to participate in any national or multi-state pure lotteries conducted in the United States, and provides that the commission shall implement powerball in New Hampshire.\n\nXLI. Amends HB 56-FN-A by removing the repeal of the job creation and capital investment credits against the business profits tax.\n\nXLII. Establishes the position of executive assistant to the governor and executive council.\n\nXLIII. Allows the division of children, youth, and families to transfer funds between and among certain PAU's.\n\nAMENDED ANALYSIS\n\n(cont.)\n\nXLIV. Changes the date by which the seminar for parents involved with child custody and support issues be operational statewide for April 1, 1995, to April 1, 1997. The pilot programs in existence are continued and 2 more, for Rockingham and Grafton counties are added, beginning July 1, 1996.\n\nXLV. Requires the court to provide written findings explaining why a reimbursement order is not issued against a person chargeable with a minor's or child's support under RSA 169-B, 169-C, and 169-D.\n\n(b) Requires the division for children, youth, and families to provide the court with recommendations for the disposition of minors and children under RSA 169-B, 169-C, and 169-D.\n\n(c) Requires reimbursement for expenses and transaction costs from those persons chargeable by law for a minor's support and assignment of insurance coverage that may be available to pay for all or a portion of the expenses.\n\nXLVI. Establishes a transitional phase-in of credit for franchise taxes paid.\n\nXLVII. Generally revises the provisions relating to juvenile deliquency and changes the age for application of the deliquency statutes.", "fiscal": {"lead": "", "tables": [{"caption": "", "raw": ["The departments concerned have determined that this bill, as amended by the Senate, will have the impacts on state, county and local revenue and expenditures shown below."]}]}, "body": "13april95.....2108h\n\n5/18/95....2651s, 2654s, 2680s\n\n29june95.....CofC Rpt....2992h\n\n06/29/95......3004L\n\n3657l\n\nHOUSE BILL - FINAL VERSION\n\n1733L\n\nCHAPTER 308\n\nHB 2-FN\n\nOne Thousand Nine Hundred and Ninety-Five\n\nrelative to state fees, funds, revenues and expenditures.\n\nBe it Enacted by the Senate and House of\n\nRepresentatives in General Court convened:\n\n308:1 Rulemaking; Department of Resources and Economic Development. Amend RSA 12-A:2-c, II(b) to read as follows:\n\n(b) Use of [boats or other] vehicles, including, but not limited to, restrictions on parking[,] and speed[, size or method of propulsion].\n\n308:2 Rulemaking; Department of Resources and Economic Development. Amend RSA 215-A:3-a, II to read as follows:\n\nII. The use and control of OHRV trails, facilities and lands under bureau control or lease[, to be printed in guide books, published and posted at proper locations throughout the bureau trail system]; and\n\n308:3 New Section; Coordination with Department of Resources and Economic Development. Amend RSA 12-G by inserting after section 7 the following new section:\n\n12-G:7-a Coordination With Department of Resources and Economic Development. The Pease development authority shall coordinate its publicity efforts with the department of resources and economic development.\n\n308:4 Pease Development Authority; Operating Budget. Amend RSA 12-G:27-a, I to read as follows:\n\nI. The board shall comply with the requirements of RSA [9] 9:1 through 9:9, relative to the budget [and appropriations].\n\n308:5 New Paragraph; Funding for the Driver Training Program. Amend RSA 263:52 by inserting after paragraph II the following new paragraph:\n\nIII. Notwithstanding any other provision of law, should the legislative estimate as provided for in paragraph II not fully fund the driver training program at $150 for each pupil who has completed the driver education program, the commissioner of the department of safety shall request, with prior approval of the legislative fiscal committee, that the governor and council authorize the transfer of funds from the vanity plate fund.\n\n308:6 Department of Health and Human Services; Division of Mental Health and Developmental Services; New Hampshire Hospital. Notwithstanding any other provision of law, for the biennium ending June 30, 1997, the department of health and human services, division of mental health and developmental services, is hereby authorized to utilize all available permanent personal services and benefit appropriations in PAU's 05, 01, 05, 06, 01 through 05, 01, 05, 06, 08 to support currently funded or unfunded authorized positions as determined by the legislative budget assistant, and is authorized to transfer funds between and among permanent personal services and benefit appropriations within these PAU's upon the approval of the fiscal committee and governor and council.\n\n308:7 Training for Department of Health and Human Services Personnel. Notwithstanding any other provision of law and with the approval of the fiscal committee and governor and council, the department of health and human services may use up to $150,000 each fiscal year of funds which would otherwise lapse to the salary adjustment funds from class 10, personal services permanent, in components throughout the department's budget to provide training for department personnel.\n\n308:8 Department of Environmental Services; Laboratory Equipment Fund. Notwithstanding the provisions of RSA 131:3-a, the department of environmental services shall lapse $137,495 in fiscal year 1996 and $79,331 in fiscal year 1997 from the laboratory equipment fund to the general fund.\n\n308:9 Christa McAuliffe Planetarium. Any budget deficit of the Christa McAuliffe planetarium incurred or carried forward, or both incurred and carried forward, through June 30, 1995, shall be hereby forgiven and not carried forward into fiscal year 1996.\n\n308:10 Institutional Health Services. Amend RSA 151-C:5, II(e) to read as follows:\n\n(e) The increase or conversion of inpatient beds resulting in an increase of more than 10 beds or 10 percent of the total bed complement, whichever is less, during a 2-year period;\n\n308:11 Increase or Conversion of Beds. Amend RSA 151-C:13, I(g) to read as follows:\n\n(g) Hospice houses[.];\n\n(h) The increase or conversion of 9 beds or fewer or less than 10 percent of the bed complement, whichever is less.\n\n308:12 Eligibility for Aid to Permanently and Totally Disabled. Amend RSA 167:6, VI to read as follows:\n\nVI. For the purposes hereof, a person shall be eligible for aid to the permanently and totally disabled who is between the ages of 18 and 64 years of age inclusive; is a resident of the state; and is disabled as defined in the federal Social Security Act, Titles II and XVI and the regulations adopted under such act, except that the minimum required duration of the impairment shall be 48 months. In determining disability, the standards for \"substantial gainful activity\" as used in the Social Security Act shall apply, including all work incentive provisions including Impairment Related Work Expenses, Plans to Achieve Self Support, and subsidies. No person shall be eligible to receive such aid while receiving old age assistance, aid to the needy blind, or aid to families with dependent children.\n\n308:13 Cost Analysis Required Regarding Aid to the Permanently and Totally Disabled (APTD).\n\nI. The director of the division of human services shall conduct an analysis of the general fund costs and savings accruing from the implementation of 1993, 358:58 which provided increased APTD eligibility for disabled persons who have curable conditions. The director shall also\n\nconduct an analysis of the general fund costs and saving accruing from the implementation of the provisions of this act relating to the definition of disability under APTD. The design and methodology of this analysis shall be determined in consultation with, and with the approval of, the medical care advisory committee as established under federal law.\n\nII. The director shall individually reassess the disability status of at least a statistically significant sample of not less than 300 persons added to the APTD rolls after June, 1994, and before the effective date of this act. The purpose of this individual reassessment shall be to determine what percentage of persons coming onto the APTD rolls were eligible for APTD only because of the implementation of 1993, 358:58 and the per person Medicaid and other costs and savings for each of those persons. For persons coming onto the APTD rolls after the effective date of this act, the director shall determine the disability status of at least a statistically significant sample of not less than 300 persons under the APTD eligibility provisions in effect prior to December 1, 1993. The purpose of this individual reassessment shall be to determine what percentage of persons coming onto the APTD rolls after the effective date of this act are eligible for APTD only because of the implementation of this act and the per person Medicaid and other costs and savings for each of those persons.\n\n308:14 Report Required.\n\nI. The director of the division of human services in consultation with the medical care advisory committee shall submit a report of the analysis results, and any recommendations for legislation, by November 1, 1996, to the governor, the speaker of the house, the house clerk, the president of the senate, the senate clerk, and the state librarian.\n\nII. The report shall include:\n\n(a) The number of individuals becoming eligible for APTD between December 1, 1993, and the effective date of this act only because of the implementation of 1993, 358:58.\n\n(b) The number of individuals becoming eligible for APTD after the effective date of this act that would not have been eligible under the definition of disability in effect prior to December 1, 1993.\n\n(c) The general fund costs and savings associated with the individuals identified in subparagraphs (a) and (b).\n\n(d) The policy implications of repealing 1993, 358:58 and the definition of disability contained in this act, including the questions whether repealing these provisions is compatible or incompatible with the goals and policies of welfare reform and health care reform, including the policies of encouraging work, self-sufficiency, preventive care, and administrative simplification.\n\n(e) The cost consequences that repealing 1993, 358:58 as well as the definition of disability contained in this act had or would have on the municipalities of this state.\n\n(f) Comments by the medical care advisory committee.\n\n308:15 Amount of Assistance for Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children. RSA 167:7, II is repealed and reenacted to read as follows:\n\nII. The director of the division of human services of the department of health and human services shall establish for the aid to families with dependent children consolidated standards of need, or consolidated standards of need except for shelter, which may be separate from payment standards and which shall be annually revised to accurately reflect the current cost of the basic necessities of living compatible with decency and health as determined by reliable market data. The director may then establish subsequent consolidated standards of payment, or consolidated standards of payment except for shelter, subject to appropriated funds and applicable federal regulations.\n\n308:16 Emergency Rulemaking Authorized. Notwithstanding the provisions of RSA 541-A, the director of human services shall adopt emergency rules under RSA 541-A:18 to implement the provisions of sections 12-15 of this act.\n\n308:17 Salary Group Changed; Director of Children, Youth, and Families; Department of Health and Human Services. Amend RSA 94:1-a, I by:\n\nI. Deleting in Group O:\n\nDirector, division for children, youth, and families.\n\nII. Inserting in Group M:\n\nDirector, division for children, youth, and families.\n\n308:18 Changes in Salary Groups. The director of the division for\n\nchildren, youth, and families whose position was changed from one salary group to a lower paying salary group, during the 1995 legislative session, shall continue to receive the salary and scheduled raises of the higher paying salary group until such director's term of office expires pursuant to RSA 126-A:6.\n\n308:19 Health Insurance for Retired State Employees. Notwithstanding the provision of RSA 21-I:30 which requires fiscal committee approval of plan changes, the health insurance plan provided to retired state employees and their eligible spouses or beneficiaries pursuant to the provisions of RSA 21-I:30 shall be changed from Blue Cross and Blue Shield of New Hampshire JW plan to Blue Cross and Blue Shield of New Hampshire Blue Choice One point-of-service plan or another plan of comparable design effective September 1, 1995. This section shall not apply to retired state employees and their eligible spouses or beneficiaries who are eligible for medicare.\n\n308:20 New Subparagraph; Department of Education; Special Education Payments. Amend RSA 186-C:19-b, II by inserting after subparagraph (b) the following new subparagraph:\n\n(c) The department of education shall distribute special education payments under subparagraph II(a) on or before January 1. School districts shall submit education service providers costs to the department by June 30 of each fiscal year. The department shall then verify the cost and distribute the appropriate amounts for the previous fiscal year on or before January 1 of each year.\n\n308:21 Division of Public Health Services; Registration by Nonresident Vendors; Fee Increased. Amend RSA 143:12 to read as follows:\n\n143:12 Registration by Nonresident Vendors. No beverage or beverage concentrate, for retail sale, manufactured out of the state, shall be sold or offered for sale within the state unless the same has first been registered by [the] its manufacturer [thereof] or by [his] the manufacturer's agent with the department of health and human services, division of public health services. Such registration shall be in form similar to that provided in RSA 143:11 and shall be issued subject to suspension, revocation, and cancellation as elsewhere specified in this subdivision for licenses. An annual registration fee of [$30] $140, to\n\ndefray the cost of inspection and analysis of all the products of the same manufacturing plant, shall be paid to the division of public health services by the manufacturer, importer, agent or vendor.\n\n308:22 New Section; Shellfish Certificate Fees. Amend RSA 143 by inserting after section 22 the following new section:\n\n143:22-a Shellfish Certificate Fees. The director, division of public health services, shall prescribe and collect fees for certificates for establishments which process or pack shellfish. Such fees shall be in accordance with rules adopted under RSA 541-A. All fees collected under this subdivision shall be forwarded to the state treasurer to be deposited in the general fund.\n\n308:23 Food Service Licensing; Fees. Amend RSA 143-A:6 to read as follows:\n\n143-A:6 Application; Issue; Fee. Upon receipt of a written application, if the director is satisfied that the information regarding the applicant, [his] the applicant's operation, and facilities is sufficient under rules adopted under RSA 143-A:9, [he] the director shall issue a license to any food service establishment or retail food store authorizing the applicant to conduct business for one year [or until such time as a new license may be issued]. The director shall charge a fee for each license [issued] application processed, for each plan review conducted, and for each inspection performed.\n\n308:24 Rulemaking; Food Service Licensing Fees. Amend RSA 143-A:9, I-a to read as follows:\n\nI-a. The amount of the fee to be charged for any license [issued] application processed, for each plan review conducted, and for each inspection performed under this chapter.\n\n308:25 New Section; Failure to Pay Application Fee; Fee Disposition. Amend RSA 143-A by inserting after section 9 the following new section:\n\n143-A:9-a Failure to Pay Application Fee; Fee Disposition.\n\nI. When a licensee fails to pay the applicable fee required by this chapter, the director of the division of public health services, after notice and hearing pursuant to rules adopted under RSA 541-A, may suspend or revoke the license or may issue an appropriate order.\n\nII. All fees collected under this chapter shall be forwarded to the state treasurer to be deposited in the general fund.\n\n308:26 Fees; Laboratory Services. Amend RSA 131:4 to read as follows:\n\n131:4 Service; Reimbursements; Rulemaking. The director, division of public health services, department of health and human services, shall adopt rules pursuant to RSA 541-A relative to a list of laboratory services to be provided under this chapter and a schedule of fees for such services. The fees may be waived by the director when [he] the director determines it is in the best interests of the health of the public to do so. Fees shall not be charged for laboratory services provided under RSA 265 and RSA 611. Fees collected under this section shall be forwarded to the state treasurer to be deposited in the general fund.\n\n308:27 State's Right of Action. Amend RSA 126-A:49-a, I(c) to read as follows:\n\n(c) The state shall have a right of action over for such expenses against the parents or the people chargeable by law for the minor's support and necessities. The court shall require the individual chargeable by law for the minor's support and necessities to assign to the state any insurance coverage that may be available to pay for all or a portion of the services provided and to submit a financial statement to the court upon which the court may make an order as to reimbursement to the state as may be reasonable and just, based on the person's ability to pay. Such financial statement shall include, but not be limited to, any benefits received from the Social Security Administration or insurance coverage available to the individual. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis and shall continue for a duration of time equal to the duration of time in which expenses are incurred on behalf of the minor by the state. The court's jurisdiction to order reimbursement shall continue until the obligation to reimburse has been fulfilled.\n\n308:28 Reimbursement from County. Amend RSA 126-A:49-a, IV to read as follows:\n\nIV. Notwithstanding paragraph I, the county in which the court is located which [issued the order creating liability for expenses for]\n\nexercized jurisdiction over the child shall be responsible for reimbursing the state for up to 25 percent of the costs incurred under RSA 169-B, 169-C, or 169-D. If the court's jurisdiction crosses county lines, then the county from which the child was referred to the court shall be responsible for such reimbursement. When determining the amount of reimbursement, all services for which the county would be liable if it were the legally liable unit shall be included, except services which are already the responsibility of the appropriate school district under RSA 186-C.\n\n308:29 Transitional Phase-In of Credit for Franchise Taxes Paid.\n\nI. Notwithstanding the provisions of any law to the contrary, the taxes actually paid pursuant to RSA 84 for the tax year ending March 31, 1993, by a business organization which had a taxable period for purposes of the tax imposed by RSA 77-A ending between July 1, 1993, and December 31, 1993, shall be allowed as a credit against the tax due under RSA 77-A as follows:\n\n(a) Up to 25 percent of the tax actually paid pursuant to RSA 84 for the applicable taxable period ending between July 1, 1995, and December 31, 1995.\n\n(b) Up to 25 percent of the tax actually paid pursuant to RSA 84 for the applicable taxable period ending between July 1, 1996, and December 31, 1996.\n\n(c) Up to 25 percent of the tax actually paid pursuant to RSA 84 for the applicable taxable period ending between July 1, 1997, and December 31, 1997.\n\n(d) Up to 25 percent of the tax actually paid pursuant to RSA 84 for the applicable taxable period ending between July 1, 1998, and December 31, 1998.\n\n(e) The amount of the tax actually paid pursuant to RSA 84 remaining unused as a credit under subparagraphs (a)-(d), may be used as a credit against the tax due under RSA 77-A for the applicable taxable period ending between July 1, 1999, and December 31, 1999. Any amount of credit remaining unused thereafter shall not be carried forward to any subsequent taxable period.\n\nII. The amount of any credit allowed under paragraph I for any taxable period shall not exceed the amount of tax due under RSA 77-A for such period, and in the aggregate, the credits allowed under paragraph I shall not exceed the total tax due under RSA 77-A for the applicable taxable period ending between July 1, 1993, and December 31, 1993.\n\n308:30 Rules Concerning Storage, Treatment, Containerization, and Disposal of Hazardous Wastes. Amend RSA 147-A:3, IV to read as follows:\n\nIV. The storage, treatment, containerization, transportation, and disposal of hazardous wastes; provided, however, that no rule shall be adopted or applied so as to impose any transporter permitting program or requirement.\n\n308:31 Rules Concerning Record Keeping and Reporting. Amend RSA 147-A:3, VI to read as follows:\n\nVI. Procedures and requirements for the record keeping and reporting of the generation, storage, [transportation,] treatment, or disposal of hazardous wastes.\n\n308:32 Rules Concerning Information Required. Amend RSA 147-A:3, VIII to read as follows:\n\nVIII. Information required in operator permit applications and transporter [permit applications] registrations.\n\n308:33 Transporter Registration. RSA 147-A:6 is repealed and reenacted to read as follows:\n\n147-A:6 Transporter Registration. The division of waste management shall administer and enforce the transporter program.\n\nI. Any transporter of hazardous waste within the state shall annually register with the division of waste management using forms provided by the division before engaging in the transportation of hazardous wastes.\n\nII. Information submitted with each registration and permit renewal application shall be limited to:\n\n(a) Transporter's name;\n\n(b) Mailing address of transporter's office;\n\n(c) Telephone number of the transporter's office;\n\n(d) The name and title of a contact person;\n\n(e) The transporter's U.S. EPA identification number;\n\n(f) The transporter's U.S. DOT motor carrier census number or interstate commerce commission number;\n\n(g) The U.S. RSFA registration number, if applicable;\n\n(h) An attestation that the transporter is in compliance with the financial responsibility requirements of 49 C.F.R. section 387.9.\n\nIII. The registration period shall be from July 1, of a given year, to June 30, of the following year. The division shall develop procedures to expedite the registration of transporters who wish to initiate operations in the state during the registration period.\n\nIV. Nothing in this section shall effect in any way any authority the state may have under other statutes to enjoin the operations of a transporter that has been convicted of a violation of a criminal statute relating to its hazardous waste transporter operations.\n\n308:34 Adoption of Rules. The division of waste management shall construe its hazardous waste transporter rules in a manner consistent with sections 30 - 33 of this act, and shall revise such rules to be consistent with sections 30 - 33 of this act as soon as practicable.\n\n308:35 Applicability. Transporter permits valid on July 1, 1995, shall be deemed to satisfy all registration requirements of a transporter through June 30, 1996.\n\n308:36 Committee Established; Data Center Consolidation.\n\nI. The general court recognizes that there are several computing platforms within the state. Multiple organizations utilize the same type of hardware, and consolidation offers the possibility for savings in operational areas including central computer hardware, operating systems software, operations personnel, and support personnel, both technical and administrative. The general court, therefore, seeks to address this issue of efficient management through consolidation of state data centers.\n\nII.(a) There is hereby established a committee to study the issue of consolidation of data centers.\n\n(b) The committee membership shall be composed of the following:\n\n(1) Two representatives, appointed by the speaker of the house.\n\n(2) Two senators, appointed by the senate president.\n\n(c) The following individuals are encouraged to participate in the work of the committee:\n\n(1) The commissioner of employment security, or designee.\n\n(2) The commissioner of administrative services, or designee.\n\n(3) The commissioner of transportation, or designee.\n\n(4) The commissioner of health and human services, or designee.\n\n(5) The commissioner of safety, or designee.\n\n(6) The commissioner of revenue administration, or designee.\n\n(7) The commissioner of postsecondary technical education, or designee.\n\n(8) The chairperson of the liquor commission, or designee.\n\nIII. The duties of the committee shall include, but not be limited to, the following:\n\n(a) Determining the integration of the operational areas of all state-owned mainframes.\n\n(b) Software compatibility, networking and other programming and hardware applications.\n\n(c) Capital requirements relating to system requirements.\n\n(d) Reviewing and reporting on anticipated operating expense savings.\n\nIV. The committee shall submit a report of its recommendations, together with any proposed legislation for the 1996 legislative session, to the governor, senate president, speaker of the house, senate clerk, house clerk, and state library on or before November 1, 1995.\n\n308:37 Rehiring; Laid Off State Employees. The provisions of 1990, 261:1, as amended by 1991, 4:10 and 355:103, relative to rehiring of laid off state employees, shall apply to any person laid off between July 1, 1995, and June 30, 1997, as a result of any state law, regardless of the funding source for the person's position. The head of each department or agency shall submit the names and classification of individuals laid off from July 1, 1995, to June 30, 1997, to the director of the division of personnel within 10 days of the layoff.\n\n308:38 Mental Health Programs. As directed by 1994, 410:5, the division of mental health and developmental services shall continue efforts:\n\nI. To prepare for and respond to state and federal health care reform initiatives including the design and development of information systems required for service planning, cost allocation, and monitoring services utilization; and\n\nII. To prepare and submit for approval a waiver to federal Medicaid regulations under section 1115 of Title XIX of the Social Security Act for the development of a range of community-based services for adults and children with serious mental illnesses to include the integration of components of New Hampshire hospital with the community mental health care system.\n\n308:39 Collection of Defaults. With the approval of the governor and council, the commissioner of the department of safety is authorized to enter into an agreement with the unit of cost containment established in the office of the commissioner of administrative services, or with private persons or entities, for the collection of moneys owed to the state by persons whom the commissioner's records show to be in default to any court or the department of safety. Such agreements may provide for the payment of a commission of any percentage of the collected amounts as may be agreed upon by the commissioner of safety and approved by the governor and council. Notwithstanding any other provision of law, the unit of cost containment shall be authorized to carry out such collection.\n\n308:40 Repeal. Section 39 of this act, relative to the unit of cost containment, is repealed.\n\n308:41 New Hampshire Retirement System. Notwithstanding any provision of law to the contrary, the New Hampshire retirement system shall pay such sums as the calculation would yield when interest due is calculated at 8 percent on what would have been the group II benefits paid from June 1, 1990, through June 1, 1995, in addition to the amounts required under 1995, 203 to the former group II permanent fireman listed in 1995, 203.\n\n308:42 Effective Date Exceptions; Time of Day When Laws Take Effect. Amend RSA 14:9-a to read as follows:\n\n14:9-a Effective Dates.\n\nI. Each law passed by the general court shall take effect 60 calendar days following passage, excluding the date on which it is signed\n\nby the governor, or the last date on which the general court acts on the matter, as the case may be, except:\n\n(a) If the general court specifically provides otherwise.\n\n(b) If the law is a resolution.\n\n(c) Each law affecting criminal or civil penalties, judicial practice and procedure, limitations of actions, and statutory rights and remedies shall take effect on the January 1 following passage.\n\n(d) If the law is of an emergency nature.\n\n(e) Each law affecting local property taxes shall take effect on the April 1 following passage.\n\n(f) Each law affecting state tax laws shall take effect on the July 1 following passage.\n\n(g) If the law is a private act affecting one particular town, city or political subdivision.\n\n(h) Each law making appropriations of money for ordinary or capital expenses of state agencies shall take effect on the July 1 following passage.\n\n(i) Each law affecting fees for licenses or certificates shall take effect on the July 1 following passage.\n\nI-a. Unless specifically provided otherwise, each law enacted by the general court shall take effect at midnight, 12:00 a.m., on the date the law becomes effective.\n\nII. The secretary of state shall record the date each law was enacted and its effective date on all enrolled and printed copies of such law, and such record shall be conclusive.\n\n308:43 Appropriation; Route 93 Borrow-a-Lane Project. The sum of $60,000 is appropriated to the department of transportation for the biennium ending June 30, 1997, for the cost of physical improvements to Route 93 in Concord and Bow. Improvements shall include the construction of necessary roadway and signage to create a temporary southbound lane on Route 93 in Concord and Bow, which can be utilized on an as needed basis. The borrow-a-lane crossover shall be utilized when the department of transportation determines that projected traffic volumes will exceed the existing roadway capacity. The appropriation of $60,000 and the operational costs during\n\nthose times when the crossover is utilized shall be a charge against funds already appropriated in the 1996-1997 operating budget of the department of transportation.\n\n308:44 State Treasurer's Office. Of the funds appropriated for FY 1995 to the state treasurer's office in PAU 01, 08, 04, class 43 as inserted by section 1 of 1993, 349, $10,000,000 shall not lapse until June 30, 1997.\n\n308:45 Biweekly Payment. Amend RSA 99:7 to read as follows:\n\n99:7 Payment. All persons performing work in the service of the state of New Hampshire shall be paid their compensation at such intervals, not more often than [weekly] biweekly, as the commissioner of administrative services with the approval of the governor and council shall determine.\n\n308:46 Transition. All persons performing work in the service of the state of New Hampshire who on June 30, 1995, were paid their compensation at weekly intervals shall be phased into the biweekly payment periods in such a manner that on August 18, 1995, all such persons shall be on a biweekly payment schedule. Pay days for such employees during the transition period shall be as follows:\n\nI. July 7, 1995.\n\nII. July 17, 1995.\n\nIII. July 28, 1995.\n\nIV. August 7, 1995.\n\nV. August 18, 1995.\n\n308:47 Part-time District Court Justices. Amend RSA 491-A:3, IV to read as follows:\n\nIV. The supreme court, after reviewing population, caseload, judicial time and efficiency, available judicial resources and other relevant criteria, may determine, with prior approval of the fiscal committee, that said justice shall become full-time, provided that funds have been specifically appropriated for the salary and benefits for a full-time district court justice.\n\n308:48 Part-time Probate Court Justices. Amend RSA 491-A:4, IV to read as follows:\n\nIV. The supreme court, after reviewing population, caseload,\n\njudicial time and efficiency, available judicial resources and other relevant criteria, may determine, with prior approval of the fiscal committee, that any part-time probate judge become full-time, provided that funds have been specifically appropriated for the salary and benefits for a full-time probate judge.\n\n308:49 Report Date Extended. Amend 1994, 245:5 to read as follows:\n\n245:5 Report. The commission shall report the results of its study, including its findings and recommendations and proposed legislation, to the governor, the senate president, and the speaker of the house of representatives no later than November 15, [1995] 1996, for submission in the [1996] 1997 legislative session.\n\n308:50 Transfers Authorized. RSA 12-A:28 is repealed and reenacted to read as follows:\n\n12-A:28 Transfers Authorized; Ski Areas. The commissioner of the department of resources and economic development may transfer funds for any specific purposes to funds for other purposes within and among the appropriations for the operation of Cannon Mountain and Mount Sunapee. The commissioner shall report on a quarterly basis to the legislative fiscal committee and the governor and council all transfers accomplished under the provisions of this section. The provisions of this section shall not be subject to RSA 9:17-a and RSA 9:17-c.\n\n308:51 County Facilities Exempted. Amend RSA 167:76, III(a) to read as follows:\n\n(a) A practical number of Medicare beds, not less than 5 percent and not greater than 20 percent, needed in each of the long-term care service areas as defined in rules of the health services planning and review board to ensure the participation of nursing facilities in the medicare health insurance for the aged program; except that county nursing facilities may certify more than 20 percent of their nursing beds as Medicare beds.\n\n308:52 Salary Group Changed; Assistant to the Commissioner of Department of Resources and Economic Development. Amend RSA 94:1-a, I by:\n\nI. Deleting in Group J:\n\nAssistant to the commissioner of the department of resources and economic development.\n\nII. Inserting in Group I:\n\nAssistant to the commissioner of the department of resources and economic development.\n\n308:53 Incumbent Assistant to the Commissioner. The current incumbent of the unclassified position assistant to the commissioner of the department of resources and economic development shall continue to be compensated at the current salary level until such time as the position is vacated.\n\n308:54 New Paragraph; Specialty/Household Pesticide. Amend RSA 430:29 by inserting after paragraph XXXII the following new paragraph:\n\nXXXII-a. \"Specialty/household pesticide\" means any disinfectant, sanitizer, germicide, biocide, and any pesticide labeled for use directly on humans or pets (including dogs, cats, horses and other companion animals). This category also includes any other pesticides labeled for use in areas in or around household premises.\n\n308:55 Pesticide Fees. Amend RSA 430:38, III to read as follows:\n\nIII. The registrant shall pay an annual fee [of $33] for each pesticide registered as follows:\n\n(a) For a registered use pesticide, $50 per product per year;\n\n(b) For a general use pesticide, other than a specialty/household pesticide, $50 per product per year;\n\n(c) For a specialty/household pesticide, $50 per product per year.\n\n308:56 Expeditious Implementation of RSA 9:4-d.\n\nI. The commissioner of administrative services shall take the following actions to ensure the implementation of the provisions of RSA 9:4-d:\n\n(a) Require all departments of the state to develop and submit proposed cost allocation plans to the commissioner for his acceptance no later than August 15, 1995, for the budget period beginning July 1, 1995. In order to facilitate the development of such cost allocation plans the commissioner shall prepare appropriate guidelines for departments and shall conduct workshops, as necessary, to ensure that such cost allocation plans shall embrace each and every PAU of each department to which highway funds are appropriated in the 1996-1997 biennial budget.\n\n(b) Submit each acceptable cost allocation plan to the\n\nlegislative budget assistant for review and presentation to the joint legislative performance audit and oversight committee.\n\n(c) Report no less frequently than quarterly to the speaker of the house and the president of the senate on the status of development and final approval of cost allocation plans required by RSA 9:4-d.\n\n(d) Provide technical guidance and assistance to the administrative officer of the courts, if requested, for paragraph II.\n\nII. The administrative officer of the courts shall take the following actions to ensure the implementation of the provisions of RSA 9:4-d:\n\n(a) Cause a cost allocation plan to be developed for the superior courts and for the district courts no later than August 15, 1995, for the budget period beginning July 1, 1995. Technical guidance and assistance may be sought from the commissioner of administrative services.\n\n(b) Submit such cost allocation plans for the court to the legislative budget assistant for review and presentation to the joint legislative performance audit and oversight committee.\n\n308:57 Collection of Parking Fines at Hampton Beach. Amend RSA 216:3, I to read as follows:\n\nI. The department of resources and economic development shall operate, maintain, and manage the parking facilities at Hampton Beach, and shall be authorized to charge for the use of the parking facilities by meters or fees, including parking violation fines, whichever is determined most practical.\n\n308:58 New Section; Notice of Petition to Division for Children, Youth and Families; Legal Standing. Amend RSA 169-B by inserting after section 6 the following new section:\n\n169-B:6-a Notice of Petition to Division for Children, Youth, and Families. The court shall serve the division for children, youth and families with a copy of any petition filed under RSA 169-B:6 and the division shall have legal standing at and receive notice of all proceedings under this chapter from the time of said service.\n\n308:59 Disposition of Delinquent Minors. Amend the introductory paragraph of RSA 169-B:19, I to read as follows:\n\nI. The division for children, youth, and families shall provide the court with costs of the recommended services, placements and programs. If the court finds that a minor is delinquent, the court may order the least restrictive of the following dispositions, which the court finds is the most appropriate:\n\n308:60 State's Right of Action for Expenses. Amend RSA 169-B:40, I(c) to read as follows:\n\n(c) The state shall have a right of action over for such expenses and transactional costs against the parents or the people chargeable by law for the minor's support and necessities and the right to require parents or other people chargeable by law for the minor's support and necessities to assign to the state any insurance coverage that may be available to pay for all or a portion of the services provided. The division shall request reimbursement for such expenses and transaction costs from parents or other people chargeable by law for the minor's support and shall request assignment to the state of any insurance coverage that may be available to pay for all or a portion of the services provided. The court shall require the individual chargeable by law for the minor's support and necessities to submit a financial statement to the court upon which the court [may] shall make an order as to reimbursement to the state as may be reasonable and just, based on the person's ability to pay. Such financial statement shall include, but not be limited to, any benefits received from the Social Security Administration or insurance coverage available to the individual. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis and shall continue [for a duration of time equal to the duration of time in which expenses are incurred on behalf of the minor by the state] until such expenses and transaction costs are reimbursed in full. The court's jurisdiction to order reimbursement shall continue until the obligation to reimburse has been fulfilled. If the court does not issue a reimbursement order, the court shall issue written findings explaining why such reimbursement is not ordered.\n\n308:61 New Paragraph; Dispositional Orders. Amend RSA 169-B:19 by inserting after paragraph VI the following new paragraph:\n\nVII. If the judge orders services, placements or programs different from the recommendations of the division, the judge shall include a statement of the costs of services, placements and programs so ordered.\n\n308:62 New Section; Presumption in Favor of In-State Placements. Amend RSA 169-B by inserting after section 19-a the following new section:\n\n169-B:19-b Presumption in Favor of In-State Placements. There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that there is no appropriate in-state placement available.\n\n308:63 Parental Liability for Expenses Incurred Under Voluntary Service Plan; Reimbursement Required. Amend RSA 169-B:40, I(a) to read as follows:\n\nI.(a) Whenever an order creating liability for expenses is issued by the court under this chapter or whenever a voluntary service plan is developed and provided for the minor and the minor's family by the division, any expenses incurred for services, placements and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the division for children, youth, and families, department of health and human services.\n\n308:64 Limitations on Authority Conferred. Amend RSA 169-B:32 to read as follows:\n\n169-B:32 Limitations of Authority Conferred. This chapter shall not be construed as applying to persons 16 years of age or over who are charged with the violation of a motor vehicle law, an aeronautics law, a law relating to navigation or boats, a fish and game law, a law relating to title XIII, a law relating to fireworks under RSA 160-B [or], any town or municipal ordinance which provides for a penalty not exceeding $100 plus the penalty assessment, and shall not be construed as applying to any minor charged with the violation of any law relating to the possession, sale, or distribution of tobacco products to or by a person under 18 years of age. However, if incarceration takes place at any stage in proceedings on such violations, incarceration shall be only in a juvenile facility certified by the director of the division for children, youth, and families.\n\n308:65 Issuance of Summon and Notice. Amend RSA 169-C:8, III to read as follows:\n\nIII. The summons shall contain a notice that the child shall have [an attorney] a guardian ad litem, appointed by the court. The summons shall also state as follows: \"Parents and other individuals chargeable by law for the child's support and necessities may be liable for expenses incurred in this proceeding including the costs of certain evaluations and placements. RSA 186-C regarding educationally disabled children grants children and their parents certain rights to services from school districts at public expense and to appeal school district decisions regarding services to be provided.\"\n\n308:66 New Section; Notice of Petition to Division for Children, Youth and Families; Legal Standing. Amend RSA 169-C by inserting after section 8 the following new section:\n\n169-C:8-a Notice of Petition to Division for Children, Youth, and Families. The court shall serve the division for children, youth, and families with a copy of any petition filed under RSA 169-C:7 and the division shall have legal standing at and receive notice of all proceedings under this chapter from the time of said service.\n\n308:67 Appointment of Attorney or Guardian ad Litem. RSA 169-C:10 is repealed and reenacted to read as follows:\n\n169-C:10 Attorneys and Guardians ad Litem.\n\nI. In cases brought pursuant to this chapter involving a neglected or abused child, the court shall appoint a guardian ad litem or Court Appointed Special Advocate (CASA) guardian ad litem for the child. The court shall not appoint an attorney for any guardian ad litem appointed for the child, but may appoint an attorney or any other qualified individual as the guardian ad litem for the child. The CASA guardian ad litem shall have the same authority and access to information as any other guardian ad litem.\n\nII. In cases involving a neglected or abused child under this chapter, where the child's expressed interests conflict with the findings of the guardian ad litem, the court may appoint an attorney to represent the interests of the child. In any case of neglect or abuse brought pursuant to this chapter, the court shall appoint an attorney to represent an indigent parent alleged to have neglected or abused his or her child.\n\nIn addition, the court may appoint an attorney to represent an indigent parent not alleged to have neglected or abused his or her child if the parent is a household member and such independent legal representation is necessary to protect the parent's interests. The court shall not appoint an attorney to represent any other persons involved in a case brought under this chapter.\n\nIII. The New Hampshire supreme court shall adopt rules regarding the duties and responsibilities of the CASA guardian ad litem or other guardian ad litem appointed for the child.\n\n308:68 Consent Orders. Amend RSA 169-C:17, II to read as follows:\n\nII. A consent order shall not be approved unless the division consents and the child and parents, guardian or custodian are informed of the consequences of the order by the court and the court determines that the child and parents voluntarily and intelligently [agreed] consent to the terms and conditions of the order.\n\n308:69 Dispositional Hearing. Amend the introductory paragraph of RSA 169-C:19, I to read as follows:\n\nI. The division for children, youth, and families shall provide the court with the costs of the recommended services, placements and programs. If the court finds that a child is abused or neglected, the court may order the following disposition:\n\n308:70 New Paragraph; Dispositional Orders. Amend RSA 169-C:19 by inserting after paragraph IV the following new paragraph:\n\nV. If the judge orders services, placements or programs different from the recommendations of the division, the judge shall include a statement of the costs of the services, placements and programs so ordered.\n\n308:71 New Section; Presumption in Favor of In-State Placements. Amend RSA 169-C by inserting after section 19-a the following new section:\n\n169-C:19-b Presumption in Favor of In-State Placements. There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that there is no appropriate in-state placement available.\n\n308:72 Parental Liability for Expenses Incurred Under Voluntary Service\n\nPlan; Reimbursement Required. Amend RSA 169-C:27, I(a) to read as follows:\n\nI.(a) Whenever an order creating liability for expenses is issued by the court under this chapter or whenever a voluntary service plan is developed and provided for a minor and the minor's family by the division, any expenses incurred for services, placements and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the division for children, youth, and families, department of health and human services.\n\n308:73 State's Right of Action for Expenses. Amend RSA 169-C:27, I(c) to read as follows:\n\n(c) The state shall have a right of action over for such expenses and transaction costs against the parents or the [person] people chargeable by law for the child's support and necessities and the right to require parents or other people chargeable by law for the minor's support and necessities to assign to the state any insurance coverage that may be available to pay for all or a portion of the services provided. The division shall request reimbursement for such expenses and transaction costs from parents or people chargeable by law for the minor's support and shall request assignment to the state of any insurance coverage that may be available to pay for all or a portion of the services provided. The court shall require the individual chargeable by law for the child's support and necessities to submit a financial statement to the court upon which the court [may] shall make an order as to reimbursement to the state as may be reasonable and just, based on the person's ability to pay. Such financial statement shall include, but not be limited to, any benefits received from the Social Security Administration or insurance coverage available to the individual. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis and shall continue [for a duration of time equal to the duration of time in which expenses are incurred on behalf of the child by the state] until such expenses and transaction costs are reimbursed in full. The court's jurisdiction to order reimbursement shall continue\n\nuntil the obligation to reimburse has been fulfilled. If the court does not issue a reimbursement order, the court shall issue written findings explaining why such reimbursement is not ordered.\n\n308:74 Child in Need of Services; Definition. RSA 169-D:2, IV is repealed and reenacted to read as follows:\n\nIV. \"Child in need of services\" means a child who is under the age of 18 and who is expressly found to be:\n\n(a) Subject to compulsory school attendance, and who is habitually, willfully, and without good and sufficient cause, truant from school; or\n\n(b) A child who habitually runs away from home, or who repeatedly disregards the reasonable and lawful commands of his parents, guardian or custodian and places himself or others in unsafe circumstances; or\n\n(c) A child who has exhibited willful repeated or habitual conduct constituting offenses which would be violations under the criminal code of this state if committed by an adult or, if committed by a person 16 years of age or older, would be violations under the motor vehicle code of this state; and\n\n(d) Is expressly found to be in need of care, guidance, counseling, discipline, supervision, treatment, or rehabilitation.\n\n308:75 Petition Limited. Amend RSA 169-D:5, I to read as follows:\n\nI. [Any person may file] A petition alleging a child is in need of services may be filed by a parent, legal guardian or custodian, school official, or law enforcement officer with a judge or clerk of the court in the judicial district in which the child is found or resides. The petition shall be in writing and verified under oath.\n\n308:76 New Sections; Notice of Petition to Division for Children, Youth, and Families; Consent Order. Amend RSA 169-D by inserting after section 5 the following new sections:\n\n169-D:5-a Notice of Petition to Division of Children, Youth, and Families. The court shall serve the division for children, youth and families with a copy of any petition filed under RSA 169-D:5 and the division shall have legal standing at and receive notice of all proceedings under this chapter from the time of said service.\n\n169-D:5-b Consent Order.\n\nI. At any time after the filing of the petition and prior to an order of adjudication pursuant to RSA 169-D:14, the court may suspend the proceedings upon its own motion or upon the motion of any party, and continue the case under terms and conditions established by the parties and approved by the court.\n\nII. A consent order shall not be approved unless the division consents and the child and parents, guardian or custodian are informed of the consequences of the order by the court and the court determines that the child and parents voluntarily and intelligently consent to the terms and conditions of the order.\n\n308:77 Summons and Notice. Amend RSA 169-D:6, III to read as follows:\n\nIII. [The summons shall contain a notice of the child's right to representation by counsel and the available procedures for obtaining counsel.] The summons shall [also] state as follows: \"Parents and other individuals chargeable by law for the child's support and necessities may be liable for expenses incurred in this proceeding including the costs of certain evaluations and placements. RSA 186-C regarding educationally disabled children grants children and their parents certain rights to services from school districts at public expense and to appeal school district decisions regarding services to be provided.\"\n\n308:78 Appointment of Attorney or Guardian ad Litem. RSA 169-D:12 is repealed and reenacted to read as follows:\n\n169-D:12 Attorneys and Guardians ad Litem.\n\nI. In cases brought pursuant to this chapter involving a child in need of services, the court may appoint a guardian ad litem for the child. The court shall not appoint an attorney for any guardian ad litem appointed for the child, but may appoint an attorney or other qualified individual as the guardian ad litem for the child.\n\nII. In cases involving a child in need of services under this chapter, where the child's expressed interests conflict with the findings of the guardian ad litem, the court may appoint an attorney to represent the interests of the child.\n\nIII. The court may accept a waiver of counsel from a child alleged\n\nto be in need of services only when:\n\n(a) The parent, guardian or custodian did not file the petition;\n\n(b) Both the child and parent, guardian or custodian agree to waive counsel; and\n\n(c) In the court's opinion, the waiver is made competently, voluntarily and with full understanding of the consequences.\n\nIV. The New Hampshire supreme court shall adopt rules regarding the duties and responsibilities of the guardian ad litem appointed for the child.\n\n308:79 Dispositional Hearing. Amend the introductory paragraph of RSA 169-D:17, I to read as follows:\n\nI. If the court finds the child is in need of services, it shall order the least restrictive and most appropriate disposition considering the facts in the case, the investigation report, and the dispositional recommendations of the parties and counsel. The dispositional recommendation of the division for children, youth, and families shall include the costs of the recommended services, placements and programs. Such disposition may include:\n\n308:80 New Paragraph; Dispositional Orders. Amend RSA 169-D:17 by inserting after paragraph V the following new paragraph:\n\nVI. If the judge orders services, placements or programs different from the recommendations of the division, the judge shall include a statement of the costs of the services, placements and programs so ordered.\n\n308:81 New Section; Presumption in Favor of In-State Placements. Amend RSA 169-D by inserting after section 17-a the following new section:\n\n169-D:17-b Presumption in Favor of In-State Placements. There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that there is no appropriate in-state placement available.\n\n308:82 Modification of Dispositional Orders. Amend RSA 169-D:19 to read as follows:\n\n169-D:19 Modification of Dispositional Orders. Upon the motion of a child, parent, custodian, guardian [or], counsel, or the division\n\nalleging a change of circumstances requiring a different disposition, the court shall conduct a hearing and pursuant to RSA 169-D:17 may modify a dispositional order; provided that the court may dismiss the motion if the allegations are not substantiated in the hearing.\n\n308:83 Limitations of Authority Conferred. Amend RSA 169-D:22 to read as follows:\n\n169-D:22 Limitations of Authority Conferred. This chapter shall not be construed as applying to persons 16 years of age or over who are charged with the violation of a motor vehicle law, an aeronautics law, a law relating to navigation of boats [or], a fish and game law, a law relating to title XIII, or a law relating to fireworks under RSA 160-B, and shall not be construed as applying to any minor charged with the violation of any law relating to the possession, sale, or distribution of tobacco products to or by a person under 18 years of age.\n\n308:84 Parental Liability for Expenses Incurred Under Voluntary Service Plan. Amend RSA 169-D:29, I(a) to read as follows:\n\nI.(a) Whenever an order creating liability for expenses is issued by the court under this chapter or whenever a voluntary service plan is developed and provided for a minor and the minor's family by the division, any expenses incurred for services, placements and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the division for children, youth, and families, department of health and human services.\n\n308:85 State's Right of Action for Expenses. Amend RSA 169-D:29, I(c) to read as follows:\n\n(c) The state shall have a right of action over for such expenses and transaction costs against the parents or the [person] people chargeable by law for the child's support and necessities and the right to require parents or other people chargeable by law for the minor's support and necessities to assign to the state any insurance coverage that may be available to pay for all or a portion of the services provided. The division shall request reimbursement for such expenses and transaction costs from parents or people chargeable by law for the minor's support and shall request assignment to the state of any insurance coverage that may be available to pay for all or a portion of the services provided. The\n\ncourt shall require the individual chargeable by law for the child's support and necessities to submit a financial statement to the court upon which the court [may] shall make an order as to reimbursement to the state as may be reasonable and just, based on the person's ability to pay. Such financial statement shall include, but not be limited to, any benefits received from the Social Security Administration or insurance coverage available to the individual. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis and shall continue [for a duration of time equal to the duration of time in which expenses are incurred on behalf of the child by the state] until such expenses and transaction costs are reimbursed in full. The court's jurisdiction to order reimbursement shall continue until the obligation to reimburse has been fulfilled. If the court does not issue a reimbursement order, the court shall issue written findings explaining why such reimbursement is not ordered.\n\n308:86 Recommendations on Disposition. Amend RSA 169-F:3 to read as follows:\n\n169-F:3 Notification to the Division for Children, Youth, and Families. If, at any phase of the proceedings, the court contemplates ordering services or placement for a minor or a child, the court, prior to ordering such services or placement, shall notify the division for children, youth, and families and shall afford the division an opportunity to be heard on the issue of appropriateness of the services or placement. The division shall provide the court with a recommendation for the disposition of the minor or child, which shall include the costs of the recommended services, placements and programs.\n\n308:87 New Chapters; Review of Dispositional Orders in Juvenile Cases; Commission on Juvenile Justice. Amend RSA by inserting after chapter 169-F the following new chapters:\n\nCHAPTER 169-G\n\nREVIEW OF DISPOSITIONAL ORDERS IN JUVENILE CASES\n\n169-G:1 Review Panel.\n\nI. A panel shall be established and shall be available to review dispositional orders of the district court. The panel shall consist of one\n\njudge, appointed by the administrative judge of the district court, and 2 lay persons, one appointed by the speaker of the house of representatives and the other appointed by the senate president. In addition, there shall be appointed one alternate judge sitting in a different district court, appointed by the administrative judge of the district court, and 2 lay persons who shall serve as alternates, one appointed by the speaker of the house and the other appointed by the senate president. No lay member of the review panel shall be a legislator or a person involved with the juvenile justice system either for pay or on a voluntary basis. The judge shall serve as panel chairperson. The term shall be for 3 years, and initial appointments to the review panel shall be as follows: one judge and one alternate judge for 3 years; one lay member and the alternate for 2 years; the other lay member and the other alternate for one year. The panel shall meet at such times and places as its business requires, as determined by the chairperson. The decision of 2 members, one of whom shall be a judge, is sufficient to determine any matter before the review panel. No judge may sit or act on a review of a dispositional order issued by such judge or another justice sitting in the same district court. If the review to be acted on by the panel is a review of the dispositional order issued by the judge serving on the review panel or another justice sitting in the same district court, or if it is inexpedient for a member to attend at the time for which a meeting is called, the panel chairperson shall notify one of the alternates to sit in place of the absent or disqualified member. The review panel may appoint a secretary-clerk, whose compensation shall be fixed by the review panel and paid by the state.\n\nII. As used in this chapter \"dispositional order\" means an order issued pursuant to RSA 169-B:19, RSA 169-C:19 or RSA 169-D:17 or any review, modification, or amendments to said order.\n\n169-G:2 Application for Review.\n\nI. The division for children, youth, and families may file with the clerk of the district court where the dispositional order was issued an application for review of the order by the review panel. The application shall be filed within 7 days after the date of the dispositional order, but not thereafter except for good cause shown. The filing of an application for review shall stay the implementation of the dispositional order.\n\nII. Upon issuance of the dispositional order, the clerk shall give oral and written notice to the division for children, youth, and families of its right to make such a request. A form for making the application shall accompany the notice. If an application is filed, the clerk shall forthwith transmit it to the review panel and shall notify the administrative justice and judge who issued the dispositional order of the filing.\n\nIII. The judge who issued the dispositional order may transmit to the review panel a statement of the reasons for the dispositional order and shall transmit such a statement within 7 days if requested to do so by the review panel.\n\n169-G:3 Review Procedure.\n\nI. The review panel has jurisdiction to consider a request for review of the dispositional order of the court with or without a hearing; to review the dispositional order; to amend the dispositional order by substituting therefor a different appropriate order or orders; or to make any other disposition of the case.\n\nII. The review panel may require the production of any records, documents, exhibits, or other things connected with the proceedings. The district court shall by rule establish forms for review under this chapter and may by rule make such other regulations of procedure relative to such review, consistent with law, as justice requires.\n\nIII. The decision of the review panel shall be rendered within 21 days from the date of receipt of the application for review.\n\n169-G:4 Amendment of Dispositional Orders. If the dispositional order is amended by an order substituting a different order or disposition of the case, the review panel shall make any other disposition of the case in accordance with the order of the review panel.\n\n169-G:5 Records. The secretary-clerk shall attend all sittings of the review panel; shall record all appointments to the panel, notifying the clerks of the district courts of such appointments; and shall record the proceedings of the panel.\n\n169-G:6 Quarterly Reports. The director of the division for children, youth, and families shall make quarterly reports to the house committee on\n\njudiciary and family law and the house finance committee containing statistical analysis on the use of RSA 169-D and voluntary service programs. Such reports shall include, but not be limited to, the costs including transaction costs incurred for services, programs and placements provided, parental reimbursements collected, the number of out-of-state placements and the costs of such placements, and a comparison of such with the same statistics from the same quarter of the prior 2 fiscal years, and the number of appeals taken to the review panel by the division and the results thereof. The first report shall be due October 1, 1995.\n\nCHAPTER 169-H\n\nCOMMISSION ON JUVENILE JUSTICE\n\n169-H:1 Commission Established. A commission on juvenile justice shall be established to receive certain reports from the division for children, youth, and families. The commission shall have the power to conduct hearings and to call witnesses and receive testimony regarding reports received from the division. The commission shall consist of 5 members, one appointed by the governor, 2 members of the house of representatives, appointed by the speaker of the house, and 2 members of the senate, appointed by the senate president. No member of the commission shall be a state employee or a contractor with the state of New Hampshire.\n\n169-H:2 Quarterly Reports. The director of the division for children, youth, and families shall make quarterly reports to the commission on juvenile justice, established for the purpose of receiving such reports, containing statistical analysis on the use of RSA 169-B, RSA 169-C, RSA 169-D and voluntary service programs. Such reports shall include, but not be limited to, the costs including transaction costs incurred for services, programs and placements provided, parental reimbursements collected, the number of out-of-state placements, the costs and durations of such placements, the grounds given for such placements, and the court issuing the placement order. The reports shall include a comparison of such statistics with the same statistics from the same quarter of the prior 2 fiscal years. The reports shall also include the number of appeals taken to the review panel by the division and the results thereof. The first report shall be due October 1, 1995.\n\n308:88 Applicability of Seminar for Parents Involved With Child Custody and Support Issues. Amend RSA 458-D:9, I(a) to read as follows:\n\n(a) Beginning the program statewide on April 1, [1995] 1997, after pilot sessions, [have been] which shall be conducted in 2 or more counties beginning January 1, 1994, and in Grafton and Rockingham counties beginning July 1, 1996, and shall continue indefinitely to test operation, curriculum, and format. At least one of the pilot programs shall be conducted in a rural county, and one of the pilot programs shall be conducted in an urban county.\n\n308:89 Transfer of Funds; Division for Children, Youth, and Families. Notwithstanding any other provision of law, the division for children, youth, and families is authorized to transfer funds between and among PAU's 05-01-03-07-01, 05-01-03-07-02, 05-01-03-07-03 and between and among all class lines within PAU's 05-01-03-07-01, 05-01-03-07-02, and 05-01-03-07-03 with the approval of the joint fiscal committee and the governor and council.\n\n308:90 Transfer of Funds by Division of Children, Youth, and Families, Department of Health and Human Services. With approval of the fiscal committee and the governor and council, the division for children, youth, and families, department of health and human services may transfer up to $200,000 in funds which would otherwise lapse to the salary adjustment fund from class 10, personal services permanent in components 05, 01, 03, 02, 01 and 05, 01, 03, 02, 09 of both to class 91 training, in component 05, 01, 03, 06 to provide training for social workers and juvenile service officers.\n\n308:91 New Section; Executive Council Operations. Amend RSA 4 by inserting after section 12-c the following new section:\n\n4:12-cc Executive Council Operations. The governor and executive council may appoint an executive assistant who shall serve at the pleasure of the governor and council, and shall perform such duties as the governor and council may determine. The executive assistant shall be an unclassified employee under RSA 94:1-a.\n\n308:92 New Position; Executive Assistant; Governor and Council. Amend RSA 94:1-a by inserting in group I the following:\n\nExecutive assistant, governor and council\n\n308:93 Job Creation Credit; Capital Investment Credit; Repeals Removed. 1995, 188:5 is repealed and reenacted to read as follows:\n\n188:5 Repeal. The following are repealed:\n\nI. RSA 77:4-a, relative to the taxability of interest from deposits in Vermont banks.\n\nII. RSA 77-A:5, IX, relative to a research and development tax credit against the business profits tax.\n\n308:94 Effective Date of HB 56-FN-A. 1995, 188:6, II is repealed and reenacted to read as follows:\n\nII. Paragraph II of section 5 of this act shall take effect on July 1, 1995 and shall apply to returns and taxes due on account of taxable periods ending on or after July 1, 1995. In the case of any business organization which has elected a 52-53 week taxable period under section 441 (f) of the United States Internal Revenue Code and the fiscal year of which ends on the last day of the week nearest to June 30, 1995, the taxable period shall be deemed to have ended on June 30, 1995, for the purposes of this act.\n\n308:95 New Subparagraph; Participation in National or Multi-State Lotteries. Amend RSA 284:21-h, I by inserting after subparagraph (c) the following new subparagraph:\n\n(d) To participate in any national or multi-state pure lotteries conducted in the United States.\n\n308:96 Implementation of Powerball. The sweepstakes commission, without delay, and regardless of the approval or disapproval of the governor and council under RSA 284:21-h, I(c), shall take whatever action is necessary to implement powerball in New Hampshire.\n\n308:97 \"Age of Majority\" Relating to Corrections Revised. Amend RSA 21-H:2, I to read as follows:\n\nI. \"Adult\" means, notwithstanding RSA 21:44, any person [18] 17 years of age or older or any person under the age of [18] 17 who has been certified as an adult pursuant to RSA 169-B:24.\n\n308:98 Definition of \"Delinquent\" Revised. Amend RSA 21-H:2, IV to read as follows:\n\nIV. \"Delinquent\" or \"delinquent child\" means, notwithstanding RSA 21:44, a person who has committed an offense before reaching the age\n\nof [18] 17 years which would be a felony or misdemeanor under the criminal code of this state if committed by an adult.\n\n308:99 Applicability and Purpose Revised. Amend RSA 169-B:1, I-III to read as follows:\n\nI. To encourage the wholesome moral, mental, emotional, and physical development of each minor coming within the provisions of this chapter, by providing the protection, care, treatment, counselling, supervision, and rehabilitative resources which such minor needs [and has a right to receive;].\n\nII. Consistent with the protection of the public interest, to [remove from a minor committing a delinquency offense the taint of criminality and the penal consequences of criminal behavior, by substituting therefor an individual program of] promote the minor's acceptance of personal responsibility for delinquent acts committed by the minor, encourage the minor to understand and appreciate the personal consequences of such acts, and provide a minor who has committed delinquent acts with counselling, supervision, treatment, and rehabilitation[;].\n\nIII. To achieve the foregoing purposes and policies, whenever possible, by keeping a minor in contact with the home community and in a family environment by preserving the unity of the family and separating the minor and parents only when it is clearly necessary for the minor's welfare or the interests of public safety and when it can be clearly shown that a change in custody and control will plainly better the minor[; and].\n\n308:100 Definition of \"Delinquent\" Revised. Amend RSA 169-B:2, IV to read as follows:\n\nIV. \"Delinquent\" means a person who has committed an offense before reaching the age of [18] 17 years which would be a felony or misdemeanor under the criminal code of this state if committed by an adult, and is expressly found to be in need of counselling, supervision, treatment, or rehabilitation as a consequence thereof.\n\n308:101 Definition of \"Minor\" Relating to Delinquency Revised. Amend RSA 169-B:2, VI to read as follows:\n\nVI. \"Minor\" means a person under the age of [18] 17.\n\n308:102 Minor; Reference Changed. Amend the introductory paragraph of RSA 169-B:2, VIII and 169-B:2, VIII(a) to read as follows:\n\nVIII. \"Conditional release\" means a legal status created by court order following an adjudication that a [child] minor is delinquent and shall be permitted to remain in the community, including the [child's] minor's home, subject to:\n\n(a) The conditions and limitations of the [child's] minor's conduct prescribed by the court;\n\n308:103 Jurisdiction Over Minors Revised. Amend RSA 169-B:4 to read as follows:\n\n169-B:4 Jurisdiction Over Certain Persons.\n\nI. The court shall have jurisdiction over any [person] minor with respect to whom a petition is filed under this chapter after the [person's eighteenth] minor's seventeenth and before the [nineteenth] minor's eighteenth birthday for an alleged delinquency offense committed before the [eighteenth] minor's seventeenth birthday, provided no [person] minor may be detained at or committed to the youth development center after the [person's eighteenth] minor's seventeenth birthday.\n\nII. The court may[, with the consent of the child,] retain jurisdiction over any [child under this section who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma. The court shall make orders relative to the support and maintenance of the child] minor during the period after the [child's eighteenth] minor's seventeenth birthday as justice may require for any minor who, prior to the minor's seventeenth birthday, was adjudicated delinquent and:\n\n(a) For whom the division has recommended extension of the court's jurisdiction;\n\n(b) Who has, prior to the minor's seventeenth birthday, consented to the court's retention of jurisdiction; and\n\n(c) Who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma and is considered likely to receive such diploma.\n\nIII. At the request of the prosecutor or the division, the court may retain jurisdiction over the minor for a period of up to 2 years\n\nfollowing the completion of any appeal if the petition was filed after the minor had attained the age of 16 years. Notwithstanding the provisions of RSA 169-B:19, III, when jurisdiction is retained pursuant to this section, the court may sentence a person to the county correctional facility for a term that may extend beyond the person's eighteenth birthday.\n\nIV. The court shall close the case when the [child] minor reaches age [18] 17 [,] or, if jurisdiction is [retained, when the child ceases to be enrolled as a full-time student during sessions of the school, or graduates from such school, or upon reaching the age of 21, whichever shall first occur.] extended pursuant to paragraph II, when:\n\n(a) The minor revokes the minor's consent in writing and such revocation has been approved by the court;\n\n(b) The minor ceases to be enrolled as a full time student during sessions of the school;\n\n(c) The minor graduates from high school or receives a general equivalency diploma;\n\n(d) The minor attains 21 years of age; or\n\n(e) The division revokes its consent in writing;\n\nwhichever event shall first occur. The court shall approve the minor's revocation of consent if it finds that the minor, in seeking to do so, is acting intelligently, knowledgeably, and in acceptance of the legal consequences.\n\nV. Notwithstanding paragraph III, when the court finds by clear and convincing evidence that closing the case would endanger the safety of the minor, any other person, or the community, or the court finds that there is a high probability that continued provision of treatment services is necessary to rehabilitate the minor, the court may retain jurisdiction over any minor:\n\n(a) Who has been found to have committed a violent crime as defined under RSA 169-B:35-a, I(c); or\n\n(b) Who has been petitioned to the court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses.\n\nVI. A minor may be subject to the extended jurisdiction of the court\n\nfor a period of time no longer than that for which an adult could be committed for a like offense or the minor reaches the age of 21, whichever occurs first. For purposes of this section, the time shall be calculated from the date of the original dispositional order.\n\n[IV] VII. In any instance in which the statute of limitations has not tolled and no juvenile petition has been filed based upon acts committed before the [person's eighteenth] minor's seventeenth birthday, the state may proceed against the person in the criminal justice system after that person's [nineteenth] eighteenth birthday.\n\n308:104 Disposition; Age Lowered. Amend RSA 169-B:19, III to read as follows:\n\nIII. A minor found to be a delinquent on a petition filed after the minor's [seventeenth] sixteenth birthday, in addition to or in place of the dispositions provided for in paragraph I, may be committed to a county correctional facility for no greater term than an adult could be committed for a like offense; provided, however, that during minority the minor shall not be confined in a county correctional facility and provided further that the term shall not extend beyond the minor's [nineteenth] eighteenth birthday.\n\n308:105 New Paragraph; Extending Jurisdiction; Department of Corrections Access to Records; Transfer of Supervision and Place of Detention. Amend RSA 169-B:19 by inserting after paragraph III the following new paragraph:\n\nIII-a.(a) Prior to the seventeenth birthday of a minor who had been adjudicated delinquent for committing a violent crime as defined in RSA 169-B:35-a, I(c), or who had been petitioned to court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses, the prosecutor or the division for children, youth, and families may file a motion with the court to extend jurisdiction pursuant to RSA 169-B:4, V. The department of corrections shall be served a copy of the motion and be a party to the proceeding.\n\n(b) For purposes of assessing whether a minor meets the criteria of RSA 169-B:4, V, the division may provide representatives of the department of corrections with access to the minor's case records.\n\n(c) If the court retains jurisdiction over the minor pursuant to RSA 169-B:4, V, the court may modify any dispositional order to transfer supervision from the division for children, youth, and families to the department of corrections, or to transfer the place of detention from the youth development center to an adult facility.\n\n(d) If the court orders a transfer of placement or supervisory authority, the court shall also order the transfer of all of the minor's treatment records to the agency having supervisory authority over the minor.\n\n(e) When a dispositional order is extended beyond the minor's seventeenth birthday, the court may enforce its order with a finding of criminal contempt. Notwithstanding RSA 169-B:35, the state may utilize any relevant portion of a juvenile's records in a criminal contempt proceeding.\n\n308:106 Transfer to Superior Court; Format Revised. RSA 169-B:24 is repealed and reenacted to read as follows:\n\n169-B:24 Transfer to Superior Court.\n\nI. All cases before the court in which the offense complained of constitutes a felony or would amount to a felony in the case of an adult may be transferred to the superior court prior to hearing under 169-B:16 as provided in this section. The court shall conduct a hearing on the question of transfer and shall consider, but not be limited to, the following criteria in determining whether a case should be transferred:\n\n(a) The seriousness of the alleged offense to the community and whether the protection of the community requires transfer.\n\n(b) The aggressive, violent, premeditated, or willful nature of the alleged offense.\n\n(c) Whether the alleged offense was committed against persons or property.\n\n(d) The prospective merit of the complaint.\n\n(e) The desirability of trial and disposition of the entire offense in one court if the minor's associates in the alleged offense were adults who will be charged with a crime.\n\n(f) The sophistication and maturity of the minor.\n\n(g) The minor's prior record and prior contacts with law enforcement agencies.\n\n(h) The prospects of adequate protection of the public, and the likelihood of reasonable rehabilitation of the minor through the juvenile court system.\n\nII. The minor shall be entitled to the assistance of counsel. Both the prosecutor and counsel for the minor shall have access to the court records, probation reports, or other agency reports. If the court orders transfer to superior court, it shall provide a written statement of findings and reasons for such transfer to the minor. When persons so certified are accepted by the superior court, the superior court may dispose of all criminal charges arising out of the incident which led to the transfer petition according to the relevant laws of this state without any limitations as to sentence or orders required by this chapter. All original papers in transferred cases shall remain in the court from which transferred and certified copies of the papers shall be filed with and shall constitute the records of the court to which transfer is made. Pending disposition by the superior court, a juvenile who is transferred and accepted by the superior court may be placed under the supervision of the department of corrections or required to recognize with sufficient sureties, or in default of such sureties, be detained at a county correctional facility to await disposition of the case in the superior court; provided, however, once a minor is certified for trial as an adult and the person is transferred to the superior court, detention at the youth development center is prohibited.\n\nIII. Upon the filing of a petition for transfer to the superior court, the court shall conduct a scheduling hearing and establish a scheduling order for all future hearings necessary to the transfer petition, notwithstanding the provisions of RSA 169-B:14, II.\n\nIV. When the felony offense charged is first degree murder, second degree murder, attempted murder, manslaughter, first degree assault, second degree assault (except when the allegation is a violation of RSA 631:2, I(d)), aggravated felonious sexual assault, kidnapping, criminal restraint, robbery punishable as a class A felony, a violation of RSA 318-B:26, I(a) or (b), or when the minor is charged with any felony and, prior to the filing of the felony petition, the minor has been petitioned to the court\n\non 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses, and the minor commits the act after the minor's fifteenth birthday, there shall be a presumption that the factors listed in RSA 169-B:24, I support transfer to the superior court.\n\n308:107 Petitions; Age Lowered. Amend RSA 169-B:25 and 26 to read as follows:\n\n169-B:25 Petition by County Attorney or Attorney General. If facts are presented to the county attorney or attorney general establishing that a person under the age of [18] 17 has been guilty of conduct which constitutes a felony or would amount to a felony in the case of an adult and if such person is not within the jurisdiction of this state, the county attorney or attorney general may file a petition with the judge of the municipal or district court which would otherwise have jurisdiction under the provisions of this chapter. The petition shall set forth the nature of the offense with which the person is charged and shall specify the person's whereabouts if known. On receipt of such petition, the court may summarily authorize the county attorney or attorney general to proceed against such person under regular criminal procedures, and without regard to the provisions of this chapter. Pending determination by the superior court as provided in this section and pending final disposition of the matter, such persons shall be bailable with sufficient sureties as in the case of adults and, in default thereof, may be committed to the custody of the juvenile services officer or detained at a county correctional facility unless detention elsewhere is ordered by the superior court. The superior court shall determine, after hearing, whether such person shall be treated as a juvenile under the provisions of this section or whether the case shall be disposed of according to regular criminal procedures.\n\n169-B:26 Petition by Minor. At any time prior to hearing pursuant to RSA 169-B:16, a minor who is charged with an act of delinquency committed after the minor's [seventeenth] sixteenth birthday may petition the court to be tried as an adult and to have such case dealt with in the same manner as any other criminal prosecution.\n\n308:108 Appeal to State Supreme Court; De Novo Hearing Deleted. Amend RSA 169-B:29 to read as follows:\n\n169-B:29 Appeals. An appeal, under this chapter, may be taken to the [superior] supreme court by the minor within 30 days of the final dispositional order; but an appeal shall not suspend the order or decision of the court unless the court so orders. [The superior court shall hear the matter de novo, and shall give an appeal under this chapter priority on the court calendar.]\n\n308:109 Exception to Confidentiality of Juvenile Records. Amend RSA 169-B:35, II to read as follows:\n\nII. Court records of proceedings under this chapter, except for those court records under RSA 169-B:36, II, shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by officers of the institution where the minor is committed, juvenile services officers, a parent, a guardian, a custodian, the minor's attorney, the relevant county, and others entrusted with the corrective treatment of the minor. Additional access to court records may be granted by court order or upon the written consent of the minor. Once a delinquent reaches [19] 21 years of age, all court records and individual institutional records, including police records, shall be [sealed] closed and placed in an inactive file.\n\n308:110 New Paragraph; Police Records; Use in Delinquency Cases. Amend RSA 169-B:35 by inserting after paragraph II the following new paragraph:\n\nIII. Notwithstanding paragraphs I and II:\n\n(a) Police officers and prosecutors involved in the investigation and prosecution of criminal acts shall be authorized to access police records concerning juvenile delinquency, including the files of persons who at the time of the inquiry are over the age of 17, and to utilize for the purposes of investigation and prosecution of criminal cases police investigative files on acts of juvenile delinquency, including information from police reports, exemplars, and forensic investigations.\n\n(b) Prosecutors involved in the prosecution of criminal acts shall be authorized to access police records concerning juvenile delinquency or records of adjudications of delinquency, including the files of persons who at the time of the inquiry are over the age of 17, if the\n\nprosecutor has reason to believe that the individual may be a witness in a criminal case. The prosecutor may disclose the existence of an adjudication for juvenile delinquency only when such disclosure is constitutionally required or after the court having jurisdiction over the criminal prosecution orders its disclosure.\n\n308:111 Disclosure of Juvenile Records for Violent Crime. Amend RSA 169-B:36 to read as follows:\n\n169-B:36 Penalty for Disclosure of Juvenile Records.\n\nI. It shall be unlawful for any person to disclose court records or any part thereof to persons other than those persons entitled to access under RSA 169-B:35, except by court order. Any person who knowingly violates this provision shall be guilty of a misdemeanor. This prohibition shall not be construed to prevent publication as provided in RSA 169-B:37.\n\nII. Notwithstanding paragraph I, in cases involving a violent crime as defined in RSA 169-B:35-a and when the petition is found to be true, the following information may be disclosed by the court clerk after the adjudicatory hearing:\n\n(a) The name and address of the juvenile charged.\n\n(b) The specific offense found by the court to be true.\n\n(c) The custody status of the juvenile.\n\n(d) The final disposition ordered by the court.\n\nInformation provided in subparagraphs (c) and (d) shall not identify the name or address of private providers of residential or other services to the juvenile.\n\n308:112 Age Lowered. Amend RSA 169-B:40, VI to read as follows:\n\nVI. Notwithstanding any subsequent acts of delinquency or other acts committed by the minor which bring the minor to the attention of a district court, the county having liability for the minor pursuant to paragraph IV shall remain the county liable for the minor until the person reaches [19] 18 years of age or the court's jurisdiction is ended, whichever comes first.\n\n308:113 Person 13 Years of Age or Older; Criminal Responsibility; Offenses Revised. Amend RSA 628:1, II to read as follows:\n\nII. A person 13 years of age or older may be held criminally\n\nresponsible for the following offenses if [his] the person's case is transferred to the superior court under the provisions of RSA 169-B:24:\n\n(a) (1) First degree murder as defined in RSA 630:1-a.\n\n[(b)] (2) Second degree murder as defined in RSA 630:1-b.\n\n[(c)] (3) Manslaughter as defined in RSA 630:2.\n\n(b) First degree assault as defined in RSA 631:1.\n\n(c) Second degree assault as defined in RSA 631:2.\n\n(d) Kidnapping as defined in RSA 633:1.\n\n(e) Aggravated felonious sexual assault as defined in RSA 632-A:2.\n\n(f) Criminal restraint as defined in RSA 633:2.\n\n(g) Class A felony robbery as defined in RSA 636:1.\n\n(h) Attempted murder.\n\n308:114 Age Lowered; Definition of \"Child,\" \"Minor,\" or \"Juvenile.\" Amend RSA 621:3, II to read as follows:\n\nII. \"Child,\" \"minor,\" or \"juvenile\" means a person under the age of [18] 17 years.\n\n308:115 Age Lowered; Definition of \"Delinquent.\" Amend RSA 621:3, V to read as follows:\n\nV. \"Delinquent\" or \"delinquent child\" means a minor who has committed an offense before reaching the age of [18] 17 years which would be a felony or misdemeanor under the criminal code of this state if committed by an adult.\n\n308:116 Age Lowered; Definition of \"Minority.\" Amend RSA 621:3, VII to read as follows:\n\nVII. \"Minority\" means the period of time before the age of [18] 17 years and terminates on the [eighteenth] seventeenth birthday.\n\n308:117 Age Lowered; Effect and Conditions of Release. Amend RSA 621:24 and the introductory paragraph of RSA 621:25 to read as follows:\n\n621:24 Effect of Release. No administrative release or parole of a child shall operate as a discharge of the child from the center. The department shall continue to have control of children on administrative release to parole or parole until they reach the age of [18] 17 years, and the control conferred by the department upon others shall be conferred upon them as agents of the department, except where a child is discharged under RSA 621:19.\n\n621:25 Remands and Changes in Conditions of Release. The board or the commissioner, subject to the approval of the board, may modify or cancel any arrangements or conditions relative to release, other than discharge of a child, or may order a child remanded to the center, until the child reaches the age of [18] 17 years or is discharged under RSA 621:19. Under the direction of the board and subject to rules adopted by the commissioner the department shall:\n\n308:118 Application of Act. The provisions of section 97-117 of this act shall apply to offenses committed on or after January 1, 1996.\n\n308:119 New Subdivision; Governor's Alternative Foundation Aid. Amend RSA 198 by inserting after section 33 the following new subdivision:\n\nAlternative Foundation Aid\n\n198:34 Statement of Policy. It is hereby declared to be the policy of the state of New Hampshire to share in the costs of public elementary and high school education in order to assist the more needy school districts in providing an adequate educational program.\n\n198:35 Definitions. In this subdivision:\n\nI. \"Local equalized valuation per weighted pupil\" means the total equalized valuation within the school district divided by the current number of weighted pupils within the school district, as calculated by the department of education.\n\nII. \"Local equalized school tax rate\" means the local equalized school tax rate, as calculated by the department of education.\n\nIII. \"Local harmonic estimate of fiscal capacity\" means the quotient of the number 2 divided by the sum of the multiplicative inverse of the local tax estimate of fiscal capacity added to the multiplicative inverse of the local income estimate of fiscal capacity, as calculated by the department of education.\n\nIV. \"Local income effort\" means the local revenue per weighted pupil divided by the local per capita income, as calculated by the department of education.\n\nV. \"Local income estimate of fiscal capacity\" means the local per capita income multiplied by the state average income effort, as calculated by the department of education.\n\nVI. \"Local per capita income\" means the per capita income of the municipality whose boundaries correspond with those of the school district, as that income is determined by the department of revenue administration from the most recently available data.\n\nVII. \"Local revenue per weighted pupil\" means the product of the local equalized school tax rate multiplied by the local equalized valuation per weighted pupil, as calculated by the department of education.\n\nVIII. \"Local summary estimate of fiscal capacity\" means, for a school district, the local harmonic estimate of fiscal capacity, as calculated by the department of education.\n\nIX. \"Local tax estimate of fiscal capacity\" means the local equalized valuation per weighted pupil multiplied by the state average equalized school tax rate, as calculated by the department of education.\n\nX. \"State average equalized school tax rate\" means the sum of the products of the local equalized school tax rate multiplied by the local number of weighted pupils, which sum is then divided by the total number of weighted pupils within the state, as calculated by the department of education.\n\nXI. \"State average income effort\" means the sum of the products of the local income effort multiplied by the local number of weighted pupils, which sum is then divided by the total number of weighted pupils within the state, as calculated by the department of education.\n\nXII. \"Weighted pupil\" means a resident pupil who has been assigned to one of the following classifications, based on the type of education the pupil received. The weights assigned to a high school pupil and to a high school pupil enrolled in a state approved vocational program reflect the differences in educational costs between these classifications when compared to the average current operating expenditure to educate a resident elementary pupil. The weights assigned to an educationally disabled child reflect the differences in education costs among the classifications of educationally disabled children when compared to the average current operating expenditure to educate a resident pupil in grades kindergarten through 12 who is not educationally disabled and not a high school pupil enrolled in a state approved vocational program. The following classifications of pupils shall carry the following weights:\n\n(a) An elementary pupil, not educationally disabled as defined in RSA 186-C:2, I, which shall include kindergarten pupils, 1.0;\n\n(b) A high school pupil, not educationally disabled as defined in RSA 186-C:2, I and not enrolled in a state approved vocational program, 1.21;\n\n(c) A high school pupil enrolled in a state approved vocational program, 2.01;\n\n(d) An educationally disabled child as defined in RSA 186-C:2, I, in one of the following types of programs:\n\n(1) In-district, placed within a self-contained special education classroom, 2.57;\n\n(2) In-district, without placement in a self-contained special education classroom, 2.12;\n\n(3) An out-of-district day placement, 7.08;\n\n(4) A residential placement, 8.72;\n\n(5) A pre-school day placement, 3.37.\n\n198:36 District Foundation Aid; Calculation; Distribution.\n\nI. The total number of weighted pupils for a school district shall be calculated by first multiplying the number of resident pupils in each of the classifications listed in RSA 198:35, XII by the weight factor for that classification in order to determine the number of weighted pupils in each classification. The numbers of weighted pupils in each of the classifications are then added together to determine the total number of weighted pupils for the school district.\n\nII. For the purpose of calculating aid to cooperative school districts, each pre-existing school district shall have its local summary estimate of the fiscal capacity calculated separately. In calculating the local summary estimate of fiscal capacity, the weighted pupils in vocational education in cooperative school districts and the weighted pupils in special education in cooperative school districts, shall be apportioned to each pre-existing district in direct proportion to the pre-existing district's share of the cooperative school district budget. However, cooperative school districts formed by 2 or more pre-existing districts whose boundaries approximate those of a single township in which\n\nthey are located shall be treated as a single school district.\n\nIII. Each school district whose local summary estimate of fiscal capacity is less than the foundation amount shall receive foundation aid equal to the product of the district's total number of weighted pupils multiplied by the difference between the foundation amount and the district's summary estimate of fiscal capacity.\n\nIV. The foundation amount shall be $4,000 per weighted pupil.\n\nV. For the purposes of distributing district foundation aid, a cooperative school district shall be entitled to the total amount of aid to which the pupils attending the cooperative district would have entitled the pre-existing districts, had they remained in the pre-existing districts. Each such pre-existing district shall have its district foundation aid credited against its share of the cooperative school district budget. However, cooperative school districts formed by 2 or more pre-existing districts whose boundaries approximate those of a single township in which they are located shall be treated as a single school district.\n\n198:37 Time of Computation of Foundation Aid. Before April 1 of each year all school districts shall submit to the commissioner of education the average daily resident membership of that district for the school year which ended in the preceding July. The resident membership information shall categorize each of the pupils into one of the classifications in RSA 198:35, XII. Before October 1 the department of education shall estimate the amount of foundation aid which each school district shall receive for the fiscal year which begins the following July 1. The department of education shall notify the school districts of the estimated amount of foundation aid to which they are entitled for the following fiscal year by November 1.\n\n308:120 Distributions. Beginning in fiscal year 1996, the foundation aid amount shall be either the amount determined under RSA 198:29 or the amount determined under RSA 198:36, whichever is greater.\n\n308:121 New Paragraph; Commissioner of Department of Revenue Administration; Duty Added. Amend RSA 21-J:3 by inserting after paragraph XXII the following new paragraph:\n\nXXIII. Have authority to determine local per capita income of\n\nmunicipalities within the state for the purposes of foundation aid.\n\n308:122 Lapse Date Extension. Amend 1993, 341:5, I to read as follows:\n\nI. The sum of $900,000 appropriated in 1991, 312:1 to PAU 03, 04, 03, 01, 04, Class 90 grants shall be transferred to PAU 03, 04, 03, 01, 01, Class 90 grants within the department of environmental services for fiscal year 1993. This appropriation shall not lapse until [June 30] July 1, 1995.\n\n308:123 Appropriation. A sum up to $2,500,000 is hereby appropriated to the department of corrections for the fiscal year ending June 30, 1996, for the costs incurred pursuant to RSA 4:19 paid out for the reconstruction of the department's warehouse which was destroyed by fire.\n\n308:124 Bonds Authorized. To provide funds for the appropriation made in section 123 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $2,500,000 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 of the bonds and notes shall be made from the general funds of the state.\n\n308:125 Money Appropriated to the Department of Environmental Services. Amend 1993, 341:3, I to read as follows:\n\nI. The sum of $1,216,082 for the fiscal year ending June 30, 1993, is hereby appropriated to the department of environmental services, division of water supply and pollution control, [for the purpose of providing the 20 percent state contribution established in RSA 486-A as inserted by section 1 of this act, and] for the purposes of the startup costs of the surface water treatment grants program. The governor is authorized to draw [his] a warrant for said sum out of any money in the treasury not otherwise appropriated. [The funds in this appropriation shall be nonlapsing.] Of this appropriation, $900,000 shall lapse on July 1, 1995. The balance shall be nonlapsing.\n\n308:126 Extending Lapse Date. Amend 1993, 349:23, I to read as follows:\n\nI. The commissioner of administrative services shall reduce the total general fund appropriation for each executive department, with the exception of the university system of New Hampshire, by .5 percent. Ninety\n\npercent of such reduction shall be returned to the general fund surplus account. The remaining 10 percent shall be transferred to a special account for the commissioner of administrative services to use for in-service training directed toward total quality management programs. Such training shall be in addition to any other personnel programs provided for in this act. Of the funds appropriated for total quality programs, any remaining funds on June 30, 1995, shall not be expended for any other purpose and shall not lapse until June 30, 1997.\n\n308:127 Repeal. The following are repealed:\n\nI. RSA 12-A:2-c, II(d), relative to rulemaking for the joint promotion program.\n\nII. RSA 12-A:2-c, II(e), relative to rulemaking for fees for parking at state piers.\n\nIII. RSA 12-A:4-a and 12-A:4-b, relative to the position and duties of a state geologist within the department of resources and economic development.\n\nIV. RSA 12-A:4-d, relative to the position of financial counselor.\n\nV. RSA 12-A:16, relative to area industrial agents-at-large.\n\nVI. RSA 12-A:20, relative to a therapeutic recreation specialist.\n\nVII. RSA 21-P:20, relative to hazardous material transporter license.\n\nVIII. RSA 147-B:6, I-c, relative to hazardous waste transporter permit.\n\nIX. RSA 215-A:3-a, I, relative to rulemaking governing OHRV publications produced by the department of resources and economic development.\n\nX. RSA 216-A:3-g, III, relative to rulemaking for access to state piers.\n\nXI. 1995, 256:5, relative to nonprofit health insurers and dental insurers.\n\nXII. 1993, 341:3, III, relative to the use of certain appropriated funds.\n\nXIII. 1993, 358:59, relative to an amendment to RSA 167:6, VI which would have taken effect December 1, 1995.\n\nXIV. 1995, 223:1, II, relative to the purchase of all years of prior service by Jacquilyn A. Crouse.\n\n308:128 Effective Date.\n\nI. Section 42 of this act shall take effect 60 days after its passage.\n\nII. Sections 10, 11, and 40 of this act shall take effect July 1, 1997.\n\nIII. Sections 20-26, 29, 36, 91 and 92 of this act shall take effect upon its passage.\n\nIV. Sections 12-16, 93 and 94 of this act shall take effect June 30, 1995.\n\nV. Paragraph XI of section 127 of this act shall take effect July 1, 1995, at 12:01 a.m.\n\nVI. Sections 97, 98, 100, 101, 105, 108, 109-111, 113-118 of this act shall take effect January 1, 1996.\n\nVII. Sections 99, 102, 103, 104, 106, 107 and 112 of this act shall take effect January 1, 1996, at 12:01 a.m.\n\nVIII. Section 51 of this act shall take effect June 12, 1995, at 12:01 a.m.\n\nIX. Section 41 of this act shall take effect August 11, 1995.\n\nX. Section 19 of this act shall take effect September 1, 1995.\n\nXI. The remainder of this act shall take effect July 1, 1995.\n\nApproved: July 3, 1995\n\nEffective: I. Section 42 of this act shall take effect September 1, 1995.\n\nII. Sections 10, 11, and 40 of this act shall take effect July 1, 1997.\n\nIII. Sections 20-26, 29, 36, 91 and 92 of this act shall take effect July 3, 1995.\n\nIV. Sections 12-16, 93 and 94 of this act shall take effect June 30, 1995.\n\nV. Paragraph XI of section 127 of this act shall take effect July 1, 1995, at 12:01 a.m.\n\nVI. Sections 97, 98, 100, 101, 105, 108, 109-111, 113-118 of this act shall take effect January 1, 1996.\n\nVII. Sections 99, 102, 103, 104, 106, 107 and 112 of this act shall take effect January 1, 1996, at 12:01 a.m.\n\nVIII. Section 51 of this act shall take effect June 12, 1995, at 12:01 a.m.\n\nIX. Section 41 of this act shall take effect August 11, 1995.\n\nX. Section 19 of this act shall take effect September 1, 1995.\n\nXI. The remainder of this act shall take effect July 1, 1995.\n\nLBAO\n\nLSR 95-0911 **\n\nAmended 5/18/95\n\nPrepared 5/26/95\n\nPage 1 of 2\n\nFISCAL NOTE for an act relative to state fees, funds, revenues and expenditures.\n\nMETHODOLOGY:\n\nSection 6, New Hampshire Hospital, and Section 7, Training for Health and Human Services Personnel, allow the expenditure of funds which would otherwise lapse.\n\nSection 8, DES Lab Equipment Fund, lapses $134,495 in FY 1996 and $79,331 in FY 1997 from a special fund to the general fund.\n\nSection 9, Christa McAuliffe Planetarium, forgives a deficit previously incurred by the planetarium.\n\nSection 12, Eligibility for APTD, will reduce state revenue by $6,224,777 in FY 1996 and by $8,781,138 in FY 1997. State expenditures will decrease by $12,449,554 in FY 1996 and by $17,562,276 in FY 1997. County expenditures will decrease by $541,971 in FY 1996 and by $764,545 in FY 1997. The decreases are brought about by a change in the definition of disability.\n\nSection 13, Amount of Public Assistance, will reduce state revenue by $1,559,614 in FY 1996 and by $2,353,273 in FY 1997. State expenditures will decrease by $3,119,228 in FY 1996 and by $4,706,546 in FY 1997. There is no impact on county revenue or expenditures. Repeal of an AFDC cost of living increase due to take effect July 1, 1995 produces the reductions.\n\nSection 17, Applicability of Seminar for Parents, will reduce state expenditures by $168,442 in FY 1996 and FY 1997 by eliminating an expansion of the seminar program required under existing law.\n\nSection 18, Health Insurance for Retirees, reduces state expenditures by $600,000 in FY 1996 and FY 1997. The reduction results from changing the type of health insurance provided retirees and is reflected in section 1 of HB 1, the operating budget.\n\nLBAO\n\nLSR 95-0911 **\n\nAmended 5/18/95\n\nPrepared 5/26/95\n\nPage 2 of 2\n\nSections 20-24, dealing with licensing fee increases, will increase state revenue by $70,000 in FY 1996 and in FY 1997.\n\nSections 26-104, dealing with a revised CHINS program, will decrease state revenue by $4,040,972 in FY 1996 and by $3,840,972 in FY 1997. State expenditures will decrease by $15,851,671 in FY 1996 and by $15,789,082 in FY 1997. County expenditures will decrease by $3,367,485 in each fiscal year.\n\nSection 105, Assistance Limitation, will have an undetermined fiscal impact on local government. It will reduce local expenditures because some individuals who would be eligible for assistance under current law will not be eligible under the revised provision. The LBA was unable to determine the number of individuals who would be affected or the level of benefits which would no longer be provided.\n\nSection 117 and 118, Collection of Defaults, may increase state revenue by improving the rate of collection of money owed to the Department of Safety or the courts. The amount of the increase cannot be determined.\n\nSections 119 and 120, New Hampshire Retirement System, will increase expenditures from the N.H. Retirement System trust fund by about $17,000 in FY 1996.\n\nSection 122, Route 93 Borrow-A-Lane Project, appropriates $60,000 to the Department of Transportation from funds already appropriated to the department.\n\nSections 131,I and 131,IX which eliminate the Office of Information Technology will reduce state general fund expenditures by $476,211 in FY 1996 and by $478,623 in FY 1997.\n\nSection 131,X which repeals a statute relative to hazardous materials transporter licenses will reduce state restricted revenue by $16,600 in FY 1996 and each year thereafter.\n\nSection 131,XI which repeals a statute relative to hazardous waste transporter permits will reduce state restricted revenue by $281,000 in FY 1996 and each year thereafter.\n\nThe remaining sections of the bill have no fiscal impact on the state or its political subdivisions.", "in_text": [], "chars": 117874}, "nver": 0, "namd": 0, "rsa": {"RSA 12-A:2-c": "/laws/12-a#s2-c", "RSA 215-A:3-a": "/laws/215-a#s3-a", "RSA 12-G": 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