{"id": "SB366", "year": 2002, "term": "2001-2002", "title": "(New Title) relative to biennial reports of the public utilities commission relative to membership of the site evaluation committee, and relative to the electricity consumption tax.", "narrative": "It was introduced on January 2, 2002 and referred to the Senate Executive Departments and Administration committee. The committee held a public hearing on January 9, 2002. The committee recommended that the Senate pass it with changes (amendment 2516). On February 14, 2002 the Senate voted to pass it with changes on a voice vote and ordered it to a third reading. It crossed to the House on February 14, 2002 and was referred to the House Science, Technology and Energy committee. The committee held a public hearing on March 5, 2002. The committee held a work session on March 26, 2002. The majority of the committee recommended that the House pass it with changes by a vote of 11\u20133. On April 4, 2002 the House voted to pass it with changes on a voice vote, then referred it on to the House Ways and Means committee. The committee held a public hearing on April 9, 2002. The majority of the committee recommended that the House pass it by a vote of 14\u20132. On April 17, 2002 the House voted to pass it on a voice vote. On April 25, 2002 the Senate adopted \u201cSen. Prescott Non Concurs with House Am {3104} Requests C of C\u201d on a voice vote. On April 25, 2002 the House adopted \u201cHouse Acceded to req for Conf Comm\u201d on a voice vote. A committee of conference met on April 29, 2002 to try to settle the differences between the two chambers' versions of the bill. On May 2, 2002 the House adopted \u201cConf Comm Report\u201d. On May 2, 2002 the Senate adopted \u201cConference Committee Report\u201d on a voice vote. The bill was enrolled on May 2, 2002 \u2014 the final check of the text before it goes to the governor. The governor signed it on May 17, 2002, making it Chapter 247 of the session laws. It took effect on June 29, 2002.", "stages": [{"label": "Senate Committee (Executive Departments and Administration)", "hand": "S:committee", "text": "It was introduced on January 2, 2002 and referred to the Senate Executive Departments and Administration committee. The committee held a public hearing on January 9, 2002. The committee recommended that the Senate pass it with changes (amendment 2516).", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On February 14, 2002 the Senate voted to pass it with changes on a voice vote and ordered it to a third reading.", "notes": []}, {"label": "House Committee (Science, Technology and Energy)", "hand": "H:committee", "text": "It crossed to the House on February 14, 2002 and was referred to the House Science, Technology and Energy committee. The committee held a public hearing on March 5, 2002. The committee held a work session on March 26, 2002. The majority of the committee recommended that the House pass it with changes by a vote of 11\u20133.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On April 4, 2002 the House voted to pass it with changes on a voice vote, then referred it on to the House Ways and Means committee.", "notes": []}, {"label": "House Committee (Ways and Means)", "hand": "H:committee", "text": "The committee held a public hearing on April 9, 2002. The majority of the committee recommended that the House pass it by a vote of 14\u20132.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On April 17, 2002 the House voted to pass it on a voice vote.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On April 25, 2002 the Senate adopted \u201cSen. Prescott Non Concurs with House Am {3104} Requests C of C\u201d on a voice vote.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On April 25, 2002 the House adopted \u201cHouse Acceded to req for Conf Comm\u201d on a voice vote.", "notes": []}, {"label": "Committee of Conference", "hand": "C:conference", "text": "A committee of conference met on April 29, 2002 to try to settle the differences between the two chambers' versions of the bill.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On May 2, 2002 the House adopted \u201cConf Comm Report\u201d.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On May 2, 2002 the Senate adopted \u201cConference Committee Report\u201d on a voice vote.", "notes": []}, {"label": "With the Governor", "hand": "G:governor", "text": "The bill was enrolled on May 2, 2002 \u2014 the final check of the text before it goes to the governor. The governor signed it on May 17, 2002, making it Chapter 247 of the session laws. It took effect on June 29, 2002.", "notes": []}], "notes": [], "vote_note": "", "events": [{"date": "2002-01-02", "text": "Introduced and Ref. to Executive Departments & Administration", "routine": false, "cite": "SJ 1"}, {"date": "2002-01-09", "text": "Hearing; January 9, 2002, Room 104, LOB, 2:20 p.m.; SC1", "routine": false, "cite": "SC 1"}, {"date": "2002-02-12", "text": "Committee Report Ought to Pass with Amendment {2516}, [02/14/02]; SC11A, Pg.11", "routine": false, "cite": "SC 11A"}, {"date": "2002-02-14", "text": "Ought to Pass with Amendment {2516}, AA, VV; OT3rdg, MA, VV", "routine": false, "cite": "SJ 5"}, {"date": "2002-02-14", "text": "Introduced and ref to Science, Tech and En; HJ21, p824", "routine": false, "cite": "HJ 21"}, {"date": "2002-02-20", "text": "Copy to Chairman on 2/20/2002", "routine": false}, {"date": "2002-03-05", "text": "Hearing Mar 5 11:30 RM304,LOB", "routine": false}, {"date": "2002-03-06", "text": "Hearing on Prop Ams{2877}(NT) & Mar 14 10:00 RM304,LOB", "routine": false}, {"date": "2002-03-26", "text": "Full Comm Work Session Mar 26 10:00 RM304,LOB <Rep J Bradley>", "routine": false}, {"date": "2002-03-27", "text": "Maj Report OTP/AM for Apr 4 (vote 11-3;Reg)", "routine": false}, {"date": "2002-03-27", "text": "Prop Comm Am{3104}(New Title); HC29, p1165", "routine": false, "cite": "HC 29", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2002%5CNo%2029%20March%2029%202002.pdf"}, {"date": "2002-04-04", "text": "Comm Am AA VV; Passed with Am and ref to Ways and Means VV; HJ32, p1274", "routine": false, "cite": "HJ 32"}, {"date": "2002-04-09", "text": "W&M Hearing Apr 9 10:00 RM202,LOB", "routine": false}, {"date": "2002-04-10", "text": "W&M Maj Report OTP for Apr 17 (vote 14-2;Reg)", "routine": false}, {"date": "2002-04-17", "text": "Passed VV; HJ34, p1382 + 1387", "routine": false, "cite": "HJ 34"}, {"date": "2002-04-25", "text": "Sen. Prescott Non Concurs with House Am {3104} Requests C of C, MA, VV", "routine": false, "cite": "SJ 13"}, {"date": "2002-04-25", "text": "Pres. Appts.; Senators Prescott, Gatsas, D'Allesandro", "routine": false, "cite": "SJ 13"}, {"date": "2002-04-25", "text": "House Acceded to req for Conf Comm, Rep J Bradley MA 2/3VV; HJ38, p1448", "routine": false, "cite": "HJ 38"}, {"date": "2002-04-25", "text": "(Spkr appts Reps: Alukonis, Major, Gabler & Kaen)", "routine": false}, {"date": "2002-04-29", "text": "Committee of Conference Meeting; April 29, 2002, Room104, LOB, 2:00 p.m.; SC27, Pg.9", "routine": false, "cite": "SC 27"}, {"date": "2002-04-30", "text": "Conf Comm Report (House Am) Filed", "routine": false}, {"date": "2002-05-02", "text": "Conf Comm Report Adopted; HJ40, p1475", "routine": false, "cite": "HJ 40"}, {"date": "2002-05-02", "text": "Conference Committee Report {3704}, Adopted, VV", "routine": false, "cite": "SJ 14", "plain": "Conference committee report adopted, on a voice vote"}, {"date": "2002-05-02", "text": "Enrolled; HJ44, p1533", "routine": false, "cite": "HJ 44", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "2002-05-02", "text": "Enrolled", "routine": false, "cite": "SJ 14", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "2002-05-17", "text": "Signed by the Governor on 5/17/2002 Eff- 6/29/2002* Chap- 0247", "routine": false}, {"date": "2002-05-17", "text": "*Multiple Effective Dates, All except Sec. 3 Eff- 7/16/2002", "routine": false}], "next_step": "Signed into law", "archived": {"docket": true, "sponsors": true, "reports": true, "votes": true, "video": false, "hearings": true, "committee": true}, "status_source": "General Court docket", "chapter": "247", "journey": {"steps": [{"date": "2002-02-14", "body": "S", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "2002-04-04", "body": "H", "act": "referred", "mark": "h", "text": "Approved with an amendment and sent to Ways and Means on a voice vote"}, {"date": "2002-04-17", "body": "H", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "2002-04-25", "body": "S", "act": "nonconcurred", "mark": "h", "text": "Refused the House's amendment and asked for a committee of conference on a voice vote"}, {"date": "2002-05-02", "body": "H", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report"}, {"date": "2002-05-02", "body": "S", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report on a voice vote"}, {"date": "2002-05-17", "body": "G", "act": "signed", "mark": "p", "text": "Signed"}, {"date": "", "body": "L", "act": "law", "text": "Chapter 247", "mark": "p"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "2002-01-02", "say": "Introduced"}, {"stop": "Senate", "mark": "p", "date": "2002-02-14", "say": "Passed with an amendment on a voice vote"}, {"stop": "House", "mark": "p", "date": "2002-04-17", "say": "Passed with an amendment on a voice vote"}, {"stop": "Governor", "mark": "p", "date": "2002-05-17", "say": "Signed"}, {"stop": "Law", "mark": "p", "date": "", "say": "Chapter 247"}]}, "text_url": "", "facts": {"gen_status": "SIGNED BY GOVERNOR", "house_status": "CONFERENCE REPORT ADOPTED", "senate_status": "CONFERENCE REPORT ADOPTED"}, "sponsors": [{"member_id": "202390", "name": "Beverly Hollingworth", "party": "D", "chamber": "S", "county": "", "district": "23", "label": "Sen. 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Prescott Non Concurs with House Am {3104} Requests C of C"}, {"date": "2002-04-25", "body": "H", "question": "House Acceded to req for Conf Comm", "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": "House Acceded to req for Conf Comm"}, {"date": "2002-05-02", "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": "2002-01-09", "time": "14:20", "what": "hearing", "committee": "Executive Departments and Administration", "body": "S", "venue": "LOB 104", "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": "2002-03-05", "time": "11:30", "what": "hearing", "committee": "Science, Technology and Energy", "body": "H", "venue": "RM304,LOB", "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": "2002-03-26", "time": "10:00", "what": "full committee work session", "committee": "Science, Technology and Energy", "body": "H", "venue": "RM304,LOB <Rep J Bradley>", "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": "2002-04-09", "time": "10:00", "what": "hearing", "committee": "Science, Technology and Energy", "body": "H", "venue": "RM202,LOB", "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": "2002-04-29", "time": "14:00", "what": "committee of conference", "committee": null, "venue": "LOB Room104", "video_id": "", "watch": null, "predicted": null, "start": null, "debate_end": null, "window_start": null, "motions": [], "tallies": [], "state": "prestream", "candidate": null}], "reports": [{"bill": "SB366", "title": "relative to biennial reports of the public utilities commission", "majority_recommendation": "OUGHT TO PASS WITH AMENDMENT", "minority_recommendation": null, "reports": [{"side": "Committee", "author": "Rep. Jeb E. Bradley", "committee": "Science, Technology and Energy", "vote_yeas": 11, "vote_nays": 3, "text": "The Science, Energy & Technology Committee amended SB 366 by first of all increasing the distribution of the Public Utilities biennial reports by adding the President of the Senate, the Speaker of the House of Representatives, and appropriate standing committees of the House and Senate. This information would facilitate ideas, suggestions and recommendations for such legislation deemed necessary. The bill adds a staff engineer designated by the commissioners of the Public Utilities Commission to the site evaluation committee as a helpful addition. The bill also repeals the sunset of the energy consumption tax because the loss at this time of six million dollars per annum was not a wise option."}], "source": "House Calendar 29, 2002", "date": "2002-03-29", "dated": "printed", "cite": "HC 29", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2002%5CNo%2029%20March%2029%202002.pdf"}, {"bill": "SB366", "title": "relative to biennial reports of the public utilities commission", "majority_recommendation": "OUGHT TO PASS", "minority_recommendation": null, "reports": [{"side": "Committee", "author": "Rep. Vivian R. Clark", "committee": "Ways and Means", "text": "Ways and Means heard this bill because the policy committee added a provision relative to reinstating the Electricity Consumption tax. The committee also entertained an amendment which would have provided relief from the state Electricity Consumption Tax for the first 2.5 million kilowatt hours (kWh) of electricity that is self-generated. Because of concerns about the constitutionality of the exemption, and in recognition that the Science and Technology committee had already rejected this amendment, this committee elected to stay with the original bill. Vote 14-2. AMENDMENTS (LISTED IN NUMERICAL ORDER) 2002-3178h Amendment to SB 34 Proposed by the Committee on Education - R Amend the bill by replacing all after the enacting clause with the following: 1 New Paragraph; State School Organization; State Board of Education Rulemaking Authority; Rules for Appeals. Amend RSA 186:8 by inserting after paragraph V the following new paragraph: VI. Appeals from a school board on the matter of nonrenewal of teacher contracts, providing that the appeal to the state board of education shall be limited to the record developed at the school board hearing, except where the state board of education determines that new evidence is available which could not have been reasonably discovered at the time of the school board hearing and that such evidence may have materially affected the outcome of the school board hearing. In such cases, the state board of education shall render a final decision in the matter or remand it to the school board for a new hearing. 2 School Boards, Teachers; Teacher Renewal; Reference Amended. Amend RSA 189:14-a, II to read as follows: II. Any teacher who has a professional standards certificate from the state board of education and who has taught for 3 consecutive years or more in any school district in the state shall, after having taught for 2 consecutive years in any other school district in the state, be entitled to all of the rights for notification and hearing in [paragraph I(b)] paragraphs I(b), III, and IV of this section. 3 New Paragraphs; School Boards, Teachers; Teacher Renewal; Nonrenomination Procedure. Amend RSA 189:14-a by inserting after paragraph II the following new paragraphs: III. In cases of nonrenomination because of unsatisfactory performance, the superintendent of the local school district shall demonstrate, at the school board hearing, by a preponderance of the evidence, that the teacher had received written notice that the teacher's unsatisfactory performance may lead to nonrenomination, that the teacher had a reasonable opportunity to correct such unsatisfactory performance, and that the teacher had failed to correct such unsatisfactory performance. Nothing in this paragraph shall be construed to require the superintendent or the school board to provide a teacher with remedial assistance to correct any deficiencies that form the basis for such teacher's nonrenomination. IV. In all proceedings before the school board under this section, the burden of proof for nonrenewal of a teacher shall be on the superintendent of the local school district by a preponderance of the evidence. 4 School Boards, Teachers; Review by State Board of Education. Amend RSA 189:14-b to read as follows: 189:14-b Review by State Board. I. A teacher aggrieved by such decision may request the state board of education for review thereof. Such request must be in writing and filed with the state board within 10 days after the issuance of the decision to be reviewed. Upon receipt of such request, the state board shall notify the school board of the request for review, and shall forthwith proceed to a consideration of the matter. Such consideration shall include a hearing if either party shall request it. The state board shall issue its decision within [15] 30 days after the request for review is filed, and the decision of the state board shall be final and binding upon both parties. A request for review under this section shall constitute the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher. II. The state board of education shall uphold a decision of a local school board to nonrenew a teacher's contract unless the local school board's decision is clearly erroneous. 5 Public Employee Labor Relations; Grievance Procedures; Nonrenewal of Teacher Contract not Subject to Binding Arbitration. Amend RSA 273-A:4 to read as follows: 273-A:4 Grievance Procedures. Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures. No grievance resulting from the failure of a teacher to be renewed pursuant to RSA 189:14-a, shall be subject to arbitration or any other binding resolution, except as provided by RSA 189:14-a and RSA 189:14-b. Any such provision in force as of the effective date of this section shall be null and void upon the expiration date of that collective bargaining agreement. 6 Effective Date. This act shall take effect January 1, 2003. 2002-3270h Majority Amendment to SB 112 Proposed by the Committee on Election Law - R Amend RSA 654:7-a, II(b) as inserted by section 1 of the bill by replacing it with the following: (b) My name is ____________. I am today registering to vote in the city (town) of __________, New Hampshire. I understand that to vote in this city (town), I must be at least 18 years of age, I must be a United States citizen, and I must be a resident of this city (town). A resident is a person who is not just living in a city (town) temporarily, but one who intends to make the city (town) his or her permanent domicile. This domicile is the voter's residence to which, upon temporary absence, he or she has the intention of returning. This domicile is that place, in which he or she dwells on a continuing basis for a significant portion of each year. I understand that a person can be a resident of only one state and one city (town) at a time. By voting today, I am acknowledging that I am not a resident of any other state or any other city (town). I understand that if I am a resident of another state or city (town), I may be entitled to vote in elections held within that state or city (town) by absentee ballot. In declaring myself a resident of New Hampshire, I am subject to the laws of the State of New Hampshire which apply to all residents, including laws requiring me to register my motor vehicles and apply for a New Hampshire driver's license within 60 days of becoming a resident. In declaring myself a New Hampshire resident, I realize that I may be forfeiting benefits or rights, including the right to vote, in another state. If I have any questions as to whether I am entitled to vote in this city (town), I am aware that a supervisor of the checklist is available to address my questions or concerns. I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under penalty of perjury, that I am qualified to vote in the above-stated city (town) on this day, and I have not voted and will not vote at any other polling place this election. _________________ _____________________________ Date Signature 2002-3396h Amendment to SB 140-FN-LOCAL Proposed by the Committee on Finance - R Amend RSA 198:38, VII (d) as inserted by section 1 of the bill by replacing it with the following: (d) Additional weights based on pupils eligible to receive a free or reduced-price meal shall be calculated by multiplying each municipality's elementary average daily membership in residence by the percentage of elementary pupils eligible to receive a free or reduced-price meal in the district of residence, and multiplied by: (1) If the district percent is less than or equal to the percentage of elementary pupils eligible to receive a free or reduced-price meal statewide multiplied by 0.85, zero. (2) If the district percentage is greater than the percentage of elementary pupils eligible to receive a free or reduced-price meal statewide multiplied by 0.85, the lesser of 1.0 or a number equal to 5 times the difference between the district percentage and the state average percentage multiplied by 0.85. (3) If the elementary average daily membership of the district of residence is less than 10, the percentage of elementary pupils eligible to receive a free or reduced-price meal shall be equal to the percentage eligible in that district in which the majority of the elementary pupils attend. 2002-3355h Amendment to SB 300 Proposed by the Committee on Municipal and County Government - C Amend the title of the bill by replacing it with the following: AN ACT relative to the calculation of majority votes under official ballot voting procedures. Amend the bill by replacing all after the enacting clause with the following: 1 Towns or District Bonds or Notes; Adoption Amended. Amend RSA 33:8 to read as follows: 33:8 Town or District Bonds or Notes. Except as otherwise specifically provided by law, the issue of bonds or notes by any municipal corporation, except a city or a town which has adopted a charter pursuant to RSA 49-B, without a budgetary town meeting, and except a school district or municipality which has adopted official ballot voting procedures pursuant to RSA 40:13 shall be authorized by a vote by ballot of 2/3, and the issue of tax anticipation notes, by a vote of a majority, of all the voters present and voting at an annual or special meeting of such corporation, called for the purpose. The issue of notes or bonds by a school district or municipality which has adopted official ballot voting procedures pursuant to RSA 40:13 shall be authorized by a vote of 3/5. Only votes in the affirmative or negative shall be included in the calculation of any majority. No such action taken at any special meeting shall be valid unless a majority of all the legal voters are present and vote at such special meeting, unless the governing board of any municipality shall petition the superior court for permission to hold an emergency special meeting, which, if granted, shall give said special meeting the same authority as an annual meeting. The warrant for a special meeting shall be published once in a newspaper having a general circulation in the municipality within one week after the posting of such special meeting. The warrant for any such annual or special meeting shall be served or posted at least 14 days before the date of such special meeting. Every warrant shall be deemed to have been duly served or posted, if the return on the warrant shall so state, and it shall be certified by the officer or officers required to serve or post the same. All bonds or notes, authorized in accordance with this chapter, shall be signed by the governing board, or a majority of the governing board, and countersigned by the treasurer of the municipality, and shall have the corporate seal, if any, affixed to it. The discretion of fixing the date, maturities, denominations, the interest rate, or discount rate in the case of notes, the place of payment, the form and other details of said bonds or notes and of providing for the sale of such bonds or notes, may be delegated to the governing board or to the treasurer and shall, to the extent provision therefor shall not have been made in the vote authorizing the same, be deemed to have been delegated to the governing board. 2 Effective Date. This act shall take effect 60 days after its passage. AMENDED ANALYSIS This bill clarifies the calculation of majority votes for the issuance of bonds or notes under official ballot voting procedures. 2002-3377h Amendment to SB 301 Proposed by the Committee on Ways and Means - C Amend the title of the bill by replacing it with the following: AN ACT relative to an innovation initiative within the division of economic development and the creation of the New Hampshire e-commerce advisory commission. Amend the bill by deleting sections 3-5 and renumbering the original sections 6-7 to read as 3-4, respectively. AMENDED ANALYSIS This bill directs the New Hampshire council on applied technology and innovation to collaborate with the division of economic development in creating the division's technology-based innovation initiative. The bill also establishes an e-commerce advisory commission. 2002-3193h Amendment to SB 321-LOCAL Proposed by the Committee on Education - C Amend the title of the bill by replacing it with the following: AN ACT establishing a committee to study statutory and administrative requirements regarding the legal residency of homeless children in certain educational and institutional settings, and relative to the appeal of decisions made regarding change of school or assignment. Amend the bill by replacing all after the enacting clause with the following: 1 Committee Established. There is established a committee to study the existing statutory and administrative requirements regarding the legal residency of homeless children for the purposes of primary and secondary public education and for the purpose of determining liability for the education of children placed in certain child care agencies, health care facilities, or state institutions. 2 Membership and Compensation. I. The members of the committee shall be as follows: (a) Three members of the house of representatives, appointed by the speaker of the house. (b) Three members of the senate, appointed by the president of the senate. II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee. 3 Duties. The committee shall: I. Study existing statutory requirements and relevant department of education rules regarding the school assignment and legal residency of homeless children for the purposes of primary and secondary public education. II. Study existing statutory requirements and relevant departmental rules regarding legal residency for the purpose of determining liability for the education of children placed in child care agencies, health care facilities, residential schools, state institutions, foster care placements, or court ordered placements. III. Study the provisions of the McKinney-Vento Homeless Assistance Act and Title I of the Elementary and Secondary Education Act, as reauthorized by the No Child Left Behind Act of 2001 (Pub. L. 107-110), and recommend changes to state law deemed necessary or appropriate. IV. Determine how funds received under the McKinney-Vento Homeless Assistance Act and Title I of the Elementary and Secondary Education Act have been used by the state, analyze whether such use is the most effective means of achieving the purposes for which the funds have been appropriated, and recommend alternative methods of using such funds as may be necessary. V. Solicit information and expertise from the commissioners of the departments of education and health and human services relative to any issue within the scope of the committee's duties. 4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum. 5 Report. I. On or before September 1, 2002, the commissioner of the department of education shall submit a report to the chairperson of the study committee which shall include recommendations for proposed legislation necessary for revising existing statutory and administrative provisions relating to legal residency of homeless children as set forth in section 3, paragraphs I-II of this act. The commissioner of the department of education shall consult with the commissioner of the department of health and human services regarding any issue relevant to the scope of this legislation for which the commissioner of the department of health and human services has primary authority or jurisdiction. II. The committee shall report its findings and any recommendations for proposed legislation, and shall consider the contents of the report submitted by the commissioner of the department of education, and shall submit its report to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2002. 6 New Subparagraph; Pupils; Change of School or Assignment. Amend RSA 193:3, III by inserting after subparagraph (g) the following new subparagraph: (h) Notwithstanding RSA 21-N:11, III, for the purposes of this paragraph, the decision of the superintendent shall be final. 7 Legal Residence Required; Pendency of Residency Dispute. Amend RSA 193:12, VI to read as follows: VI. The superintendent shall decide residency issues under this section. If more than one school district is involved in a residency dispute or the parents who live apart cannot agree on the residence of a minor child, the respective superintendents shall jointly make such decision. In those instances when an agreement cannot be reached in a timely manner, the commissioner of education shall make a determination and such determination shall be final. No school district shall deny a pupil attendance or implementation of an existing individual education plan. A pupil shall remain in attendance in the pupil's [current] school of origin during the pendency of a determination of residency and shall be counted in the average daily membership in residence in the district of residence. In this paragraph, \"school of origin\" means the school the child attended when permanently housed or the school in which the child was last enrolled. Notwithstanding the provisions of RSA 21-N:11, III any person aggrieved by a determination of the commissioner may appeal such determination to a court of competent jurisdiction. 8 Effective Date. This act shall take effect upon its passage. AMENDED ANALYSIS This bill: I. Establishes a committee to study existing statutory issues relating to the legal residency of homeless children for the purposes of primary and secondary public education and to study existing statutory requirements and relevant departmental rules regarding legal residency for the purpose of determining liability for the education of children placed in certain child care agencies, health care facilities, or state institutions. II. Provides that the superintendent's decision on a pupil's change of school or assignment shall be final. III. Provides a clarification of the procedure for determining legal residency. 2002-3381h Amendment to SB 331-FN Proposed by the Committee on Finance - C Amend the bill by replacing section 2 with the following: 2 Unclassified Officers; Health and Human Services Position Titles Added. Amend RSA 94:1-a, I(c) by inserting the following in: I. Grade DD: DD Department of health and human services systems analyst DD Department of health and human services legal services director II. Grade EE: EE Department of health and human services administrator of finance EE Department of health and human services senior systems analyst III. Grade FF: FF Department of health and human services director of MMIS IV. Grade HH: HH Department of health and human services director of application management HH New Hampshire hospital associate commissioner and director 2002-3376h Amendment to SB 334 Proposed by the Committee on Commerce - C Amend the bill by replacing all after the enacting clause with the following: 1 New Section; Hotels, Tourist Cabins, Etc.; Refusal or Denial of Accommodations. Amend RSA 353 by inserting after section 3b the following new section: 353:3-bb Refusal or Denial of Accommodations. I. A hotel keeper, including any person keeping public lodging houses, tourist camps, or cabins, may refuse or deny any accommodations, facilities, or privileges of a hotel, lodging house, or campground to: (a) Any person who is unwilling or unable to pay for accommodations and services of the hotel, lodging house, or campground. The hotel keeper may require the prospective guest to demonstrate the ability to pay by cash, valid credit card, or a validated check. (b) Any person under the age of 18 who does not present a signed notification from a parent or legal guardian that the parent or legal guardian accepts liability of the guest room or campground site costs, taxes, all charges by the guest, and any damages to the hotel, lodging house, campground, guest room, or its furnishings or to the campground site caused by the minor guest while at the hotel, lodging house, or campground to the extent that such costs, taxes, damages, or charges exceed the amount of cash or credit card deposit already provided by the guest. (c) Any person or persons, if admitting that person or those persons would cause the limit on the number of persons who may occupy any particular guest room in the hotel or lodging house or a site in the campground to be exceeded. For purposes of this subparagraph, the limit represents the number permitted by local ordinances or reasonable standards of the hotel, lodging house, or campground relating to health, safety, or sanitation. II. Nothing in this section authorizes any hotel keeper to violate the state law against discrimination, RSA 354-A. 2 Hotels, Tourist Cabins, Etc.; Ejection of Guests. Amend RSA 353:3-c, I and II to read as follows: I. All hotel keepers and all persons keeping public lodging houses or cabins may remove or cause to be removed from such establishment any guest remaining in a rental unit in violation of RSA 353:3-b or RSA 353:3-bb by notifying such guest that the establishment no longer desires to entertain him or her and requesting that [he] the guest immediately leave. Any guest who remains or attempts to remain in a rental unit after being so requested to leave shall be guilty of a violation. For the purpose of this section, the term \"rental unit\" shall include residential property rented for one month or less. II. All hotel keepers and persons keeping public lodging houses, cabins, or any rental unit may immediately remove or cause to be immediately removed by any law enforcement officer of this state, any guest who willfully denies other guests their right to quiet enjoyment of their tenancies, [or who violates any local or state law] including but not limited to any guest who: (a) Disturbs, threatens, or endangers other guests; (b) Is less than 21 years of age and possesses alcohol; (c) Possesses illegal drugs; (d) Violates any rule of the hotel, lodging house, or campground that is posted in a conspicuous place and manner at the guest registration desk and in each guest room; or (e) Violates any local or state law. II-a. [Said] The right to remove, or cause to be removed, shall arise after the hotel keeper or person keeping a public lodging house, or cabin, or their agents makes a reasonable attempt to verbally warn said guest to cease and desist said breach of quiet enjoyment or violation of local or state law. Upon such immediate eviction, the guest shall be refunded the unused portion of his or her pre-paid rental fee less damage charges for his or her actions. For the purpose of this section, the term \"rental unit\" shall include residential property rented for one month or less. 3 Effective Date. This act shall take effect upon its passage. 2002-3429h Floor Amendment to SB 336 Proposed by Rep. Bragdon Amend the title of the bill by replacing it with the following: AN ACT relative to campaign finance reform. Amend the bill by replacing all after the enacting clause with the following: 1 Political Expenditures and Contributions; Definitions; Contribution. Amend RSA 664:2, VIII to read as follows: VIII. \"Contribution\" shall mean a payment, gift, subscription, assessment, contract, payment for services, dues advance, forbearance, or loan (a) to a candidate [or political committee] made for the purpose of influencing the nomination or election of [any] the candidate; or (b) to a political party or to a political committee. \"Contributions\" shall include the use of any thing of value but shall not include the services of volunteers who receive no pay therefor or the use of personal resources by a candidate on behalf of his or her candidacy. 2 Political Expenditures and Contributions; Definitions; Independent Expenditures. Amend RSA 664:2, XI to read as follows: XI. \"Independent expenditures\" means expenditures by a person[, political committee, or other entity expressly] advocating the election or defeat of a clearly identified candidate which are not made [without] in cooperation or consultation or conjunction or coordination with any candidate, or any authorized committee or agent of such candidate, and which are not made in [concert] coordination with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate. As used in this paragraph, \"clearly identified\" means that the name of the candidate involved appears; a photograph or drawing of the candidate appears; or the identity of the candidate is apparent by unambiguous reference. 3 New Paragraphs; Political Expenditures and Contributions; Definitions; Coordinated Expenditure; Segregated Account; Person. Amend RSA 664:2 by inserting after paragraph XVII the following new paragraphs: XVIII. \"Coordinated expenditure\" means an expenditure by a political party, a political committee of a political party, or other entity, on behalf of a candidate or candidate's committee in a state primary or general election with the consent of the candidate. Any expenditure that is not an independent expenditure or direct expenditure shall be considered to be a coordinated expenditure. XIX. \"Segregated account\" means an account funded by contributions solicited from a business organization's, labor union's, or group of labor unions' employees, officers, shareholders, directors, partners, or members for political purposes. XX. \"Person\" means a natural person, a political committee, a political party, and any other body corporate or politic, unless the context clearly requires otherwise. 4 Political Expenditures and Contributions; Prohibited Political Contributions. Amend the introductory paragraph of RSA 664:4 to read as follows: No contribution, whether tangible or intangible, shall be made to a candidate, a political committee, or a political party, or in behalf of a candidate or political committee or political party, directly or indirectly[, for the purpose of promoting the success or defeat of any candidate or political party at any state primary or general election]: 5 Political Expenditures and Contributions; Prohibited Political Contributions; Business Organizations. RSA 664:4, I is repealed and reenacted to read as follows: I. By any business organization, or by any officer, director, executive, agent, partner, or employee acting in behalf of such business organization. This shall not prohibit the establishment by a business organization of a political committee that operates independently of the business organization, provided that the committee's expenditures and contributions are made through a separate, segregated account consisting only of voluntary contributions solicited from individuals who are employees, officers, shareholders, directors, partners, or members of the business organization. The provisions of this section shall not apply to sole proprietorships. 6 Political Expenditures and Contributions; Prohibited Political Contributions; Labor Unions; Segregated Account Exception. Amend RSA 664:4, III to read as follows: III. By any labor union or group of labor unions, or by any officer, director, executive, agent or employee acting in behalf of such union or group of unions; or by any organization representing or affiliated with any such union or group of unions, or by any officer, director, executive, agent or employee acting in behalf of such organization. This shall not prohibit the establishment by a labor union or group of labor unions of a political committee that operates independently of the labor union or group of labor unions, provided that the committee's expenditures and contributions are made through a separate, segregated account consisting only of voluntary contributions solicited from individuals who are employees, officers, shareholders, directors, partners, or members of the labor union or group of labor unions. 7 Political Expenditures and Contributions; Prohibited Political Contributions. Amend RSA 664:4, V to read as follows: V. By any person (1) if in excess of [$5,000 in value] the limits established in RSA 664:4-c and RSA 664:4-d, except for contributions made by a candidate in behalf of his or her own candidacy, [or if in excess of $1,000 in value by any person or by any political committee to a candidate or a political committee working on behalf of a candidate who does not voluntarily agree to limit his campaign expenditures and those expenditures made on his behalf as provided in RSA 664:5-a,] (2) if made anonymously or under a name not that of the donor, (3) if made in the guise of a loan, (4) if any other manner concealed, (5) if made without the knowledge and written consent of the candidate or [his] the candidate's fiscal agent, a political committee or its treasurer, or not to any one of the same. 8 New Sections; Political Expenditures and Contributions; Limitations on Contributions to Political Committees, Political Parties, and Candidates. Amend RSA 664 by inserting after section 4-b the following new sections: 664:4-c Limitations on Contributions to Political Committees and Political Parties. Contributions by any person to a political committee, other than a political committee working on behalf of a candidate, or to a political party shall not exceed $5,000 in value in any year. 664:4-d Limitations on Contributions to Candidates. Contributions by any person to a candidate, including contributions to any political committee working on behalf of a candidate, shall not exceed $5,000 in value for a primary election and $5,000 in value for a general election, except that contributions to a candidate, including contributions to any political committee working on behalf of a candidate, who does not voluntarily agree to limit his or her campaign expenditures and those expenditures made on his or her behalf as provided in RSA 664:5-a, shall not exceed $1,000 in value for a primary election and $1,000 in value for a general election. 9 New Paragraph; Political Expenditures and Contributions; Limitations on Political Expenditures; Exception. Amend RSA 664:5-a by inserting after paragraph III the following new paragraph: IV. If a candidate voluntarily agrees to limit campaign expenditures as provided in this section, and any opposing candidate (a) has not voluntarily agreed to limit campaign expenditures as provided in this section, and (b) has total expenditures exceeding the expenditure limitation amount established in RSA 664:5-b, the expenditure limitation amount applicable to the candidate shall be increased by \ufffd of the amount by which the opposing candidate exceeds the limitation amount, provided that the candidate's adjusted expenditure limitation shall not be greater than twice the amount established in RSA 664:5-b. 10 Elections; Political Expenditures and Contributions; Reports; Reporting by Political Committee; Reporting by Candidates. RSA 664:6 and 664:7 are repealed and reenacted to read as follows: 664:6 Reporting by Political Committee. I. Any political committee whose receipts of contributions or whose expenditures, including, without limitation, coordinated and independent expenditures on behalf of candidates and general operating expenditures of the committee, in support of or in opposition to a candidate, measure, or political party, exceed in the aggregate $500, shall file with the secretary of state an itemized statement, in accordance with the provisions of RSA 664:7-b. The statement shall be signed by the chairperson and treasurer of the political committee and shall list each contribution, in alphabetical order by the last name of the contributor, with the amount of the contribution, the date it was received, all of the information as is set forth in RSA 664:7-b, and the aggregate total for each election for each contributor. The statement shall be filed not later than the Wednesday 12 weeks immediately preceding a primary election, before 5 o'clock in the afternoon, and shall cover the period from the day of the committee registration up to and including the Monday before the statement is due. The statement shall contain the date of each expenditure, the name and address of the person or entity to whom each expenditure was made, the name of the candidate in whose behalf or against whom each expenditure was made, the amount of each expenditure, the purpose of each expenditure, and the aggregate amount of all previous expenditures. II. An itemized statement in the same form as in paragraph I shall be filed with the secretary of state not later than the Wednesday 3 weeks immediately preceding a primary and a general election, before 5 o'clock in the afternoon. The statement shall summarize the statement filed pursuant to paragraph I, if any, and shall itemize all receipts of contributions and expenditures made since the cutoff of the statement filed pursuant to paragraph I up until the Monday preceding the filing of the statement under this paragraph. III. A statement in the same form as in paragraph I shall be filed with the secretary of state not later than the Wednesday immediately preceding a primary and a general election, before 5 o'clock in the afternoon. The statement shall summarize the statements filed pursuant to paragraphs I and II, if any, and itemize all receipts of contributions and expenditures made since the cutoff of the statement filed pursuant to paragraph II up until the Monday preceding the filing of the statement under this paragraph. In addition to the reporting requirements contained in this section, the fiscal agent shall notify the secretary of state within 24 hours of any contributions exceeding $500 that are received after the statement under this paragraph is filed and prior to the day of election. IV. An itemized statement in the same form as in paragraph I shall be filed with the secretary of state not later than the second Wednesday after a primary and a general election, before 5 o'clock in the afternoon. The statement shall summarize the previous statements, if any, and itemize all receipts of contributions and expenditures made since the cutoff of the previous report up until the day of the primary or general election. V. Any political committee whose receipt of contributions or expenditures in the aggregate do not exceed $500 for a reporting period need not file. However, when a committee's accumulated receipts of contributions or expenditures for an election in the aggregate exceed $500, the committee shall file a statement at the next reporting deadline. VI. Any political committee that has any outstanding debt, obligation, or surplus following the election shall file reports at least once every 6 months thereafter in the same form as in paragraph I until the obligation or indebtedness is entirely satisfied or surplus deleted, at which time a final report shall be filed. VII. In addition to the itemized statements required by paragraphs I-VI of this section, any political committee whose independent expenditures, in aggregate, exceed $500 shall file an itemized statement with the secretary of state not later than 24 hours after such expenditures are made, and thereafter each time a further $500 is expended. Such itemized statements shall cover the period during which independent expenditures totaling $500 were made. Each statement shall include a certification by the political committee that the independent expenditure meets the definition in RSA 664:2, XI. Each statement shall contain the date of each independent expenditure; the name and address of the person to whom the expenditure was made; the name of the candidate on whose behalf or against whom each expenditure was made; the amount of each expenditure; the purpose of each expenditure and the aggregate amount of all previous independent expenditures. If the independent expenditure is made in support of or to oppose more than one candidate, the statement made under this paragraph shall allocate the way in which the expenditure was made among the candidates on a reasonable basis. For the purposes of this paragraph, \"reasonable basis\" means a statement which reflects the benefit or the burden reasonably expected to be derived or suffered by each candidate. The filing requirements of this paragraph shall be in addition to all other filing requirements under this section, and shall not be limited to the filing periods during which expenditures must otherwise be reported. VIII. Copies of the statements required by paragraphs I through VII of the state committee of a political party shall be filed with the secretary of state in sufficient numbers so as to provide a copy for the state committee of each party on the ballot, which they may obtain by application to the secretary of state. IX. Any national political committee of a party as defined in RSA 652:11 may make contributions or expenditures on behalf of state candidates without complying with the requirements of paragraphs I through VII, provided that the total contribution or expenditure made in behalf of a candidate or political committee in this state whether directly or indirectly does not exceed the limit for personal contributions in RSA 664:4. X. The provisions of this paragraph shall apply only to a political committee for an individual candidate who is seeking a federal office whose holder is chosen by the voters of this state only. Such a committee, which is required by federal law to file with the federal government reports relative to receipts of contributions and expenditures in support of such one candidate, may choose, at the time of registering under RSA 663:3, I, to file with the secretary of state copies of reports made to the federal government in accordance with the timetable established by federal laws for such reports in lieu of complying with the other reporting requirements of this section. 664:7 Reporting by Candidates. I. Each candidate at the primary or general election for governor, councilor, state senator, representative to general court, or county officer, who receives contributions or makes expenditures in the aggregate that exceed $500, shall file statements before and after an election in like manner and detail as prescribed in RSA 664:6, I-VI, excepting, however, the expenditures of political committees of the party to which the candidate belongs in elections other than primaries. Any candidate who files expenditure reports pursuant to the provisions of this paragraph, and who pays more than $5,000 to any person who makes expenditures on behalf of the candidate, shall file an itemized account of the expenditures made by the person on behalf of the candidate in the expenditure report filed on the Wednesday preceding the primary or general election. II. The candidate shall report all contributions received and expenditures made for the purpose of exploring or promoting such candidacy in the first report filed. 11 New Section; Political Expenditures and Contributions; Reports; Form of Contributions; Content of Disclosure Reports; Campaign Finance Disclosure Record. Amend RSA 664 by inserting after section 7-a the following new section: 664:7-b Content of Disclosure Reports. All contributions reported pursuant to RSA 664:6 or RSA 664:7 shall be listed on forms or other means prescribed by the secretary of state. All contributions of $25 or under shall appear on the statement as unitemized receipts. The listing for each contribution exceeding $25 shall include the full name and home post office address of the contributor. Contributions shall be categorized as in-state or out-of-state. A summary of the contribution totals by category shall be included with each scheduled report. The report shall also list the aggregate total received from each contributor whose total contributions exceed $100 for each election and the employer, business organization, or primary source of income; post office address of employer or business; and occupation of the contributor. All expenditures, as defined in RSA 664:2, IX and XVIII, shall be reported in similar detail on forms or other means prescribed by the secretary of state. 12 Examination of Statements of Receipts and Expenditures. Amend RSA 664:19 to read as follows: 664:19 Examination of Statements of Receipts and Expenditures. It shall be the duty of the attorney general to obtain and examine the returns of election receipts and expenditures which are made to the secretary of state and to compel such returns be made to comply with the law. 13 Repeal. RSA 664:4, II, relative to prohibited political contributions by partnerships, is repealed. 14 Effective Date. This act shall take effect January 1, 2003. AMENDED ANALYSIS This bill: I. Modifies the applicability of certain prohibitions on political contributions. II. Establishes an exception to the political expenditure limitation amounts for a candidate who is opposed by a candidate who does not agree to limit expenditures and whose expenditures exceed the expenditure limitation amount. III. Defines coordinated expenditures and changes the definition of independent expenditure. IV. Modifies the reporting requirements for political committees and candidates and defines the content of mandatory campaign finance disclosure reports. V. Permits business organizations and labor unions to establish political committees. 2002-3431h Floor Amendment to SB 336 Proposed by Reps. Clegg, Scanlan, Clemons, Buckley and Kacavas Amend the title of the bill by replacing it with the following: AN ACT establishing a committee to study campaign finance reform. Amend the bill by replacing all after the enacting clause with the following: 1 Committee Established. There is established a committee to study campaign finance reform. 2 Membership and Compensation. I. The members of the committee shall be as follows: (a) Three members of the house of representatives, appointed by the speaker of the house of representatives. (b) Three members of the senate, appointed by the president of the senate. II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee. 3 Duties. The committee shall study the provisions of RSA 664, political expenditures and contributions. The committee's study shall include, but not be limited to, methods of strengthening state campaign finance laws, especially in regard to issues raised in recent state and federal court decisions and federal law. The committee shall meet independently and in conjunction with the committee to study the recodification of the election laws established by 2002, 19. The committee shall consult with the leaders of the Republican and Democratic state parties, the secretary of state, and the attorney general during the course of its study. 4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum. 5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2002. 6 Effective Date. This act shall take effect upon its passage. AMENDED ANALYSIS This bill establishes a committee to study campaign finance reform. 2002-3029h Amendment to SB 337 Proposed by the Committee on Children and Family Law - C Amend the bill by replacing section 1 with the following: 1 Child Protection Act; Consent Order; Finding of Abuse and Neglect. Amend RSA 169-C:17, II to read as follows: II. A consent order shall not be approved unless the department 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. A consent order under this section may include a finding of abuse or neglect; however, a finding of abuse or neglect shall not be required except where the consent order provides for out-of-home placement of the child. 2002-3058h Amendment to SB 339 Proposed by the Committee on Judiciary - R Amend the bill by replacing section 1 with the following: 1 Contingent Fees. Amend RSA 508:4-e to read as follows: 508:4-e [Contingent Fees] Attorneys' Fees for Services. I. Contingent fee agreements between attorney and client shall be governed by Rules of Professional Conduct, Rule 1.5 as it may be amended by the supreme court from time to time and by any other rules regarding fees which are adopted or amended by the court. II. No attorney shall enter into such a contingent fee arrangement with his or her client without first advising the client of his or her right and affording the client an opportunity to retain the attorney under an arrangement whereby the attorney would be compensated on the basis of the reasonable value of his or her services. III. [All written contingency fee agreements entered into pursuant to Rule 1.5(c) of the Rules of Professional Conduct shall be filed with the court at the time of the entry of pleadings by the plaintiff's attorney. IV. At the time of settlement or judgment of any action, all counsel of record will submit to the court a complete review of all fees received for services for said action; and all costs accruing from said action including, but not limited to, fees paid to expert witnesses.] All fees and costs for actions, resulting in settlement or judgment of $200,000 or more, shall be subject to approval by the court. AMENDED ANALYSIS This bill removes a requirement that attorneys file written contingency agreements and reviews of fees received with the court. The bill requires attorneys' fees and costs in actions resulting in settlement or judgment of more than $200,000 to be approved by the courts. 2002-3369h Amendment to SB 352 Proposed by the Committee on Education - R Amend the title of the bill by replacing it with the following: AN ACT establishing a committee to study alternative regional public school programs for children who are at-risk, relative to the formula for distributing school building aid grants, and permitting high school vocational technical education programs which lease space to be eligible for school building aid grants. Amend the bill by replacing all after section 5 with the following: 6 Purpose; Intent. An alternative school building aid program shall be offered to any duly organized school district, any city maintaining a school department within its corporate organization, any cooperative school district as defined in RSA 195:1, any receiving district operating an area school as defined in RSA 195-A:1, or any schools engaged in a joint maintenance agreement under RSA 194:21 as an alternative to the method of obtaining school building aid available under RSA 198:15-a through 198:15-h. 7 School Money; School Building Aid Annual Grant Amended. Amend RSA 198:15-a to read as follows: 198:15-a Annual Grant for the Payment of Debt Service for School Construction. To aid local school districts in meeting the costs of the payment of debt for school buildings and educational administration buildings, including office facilities for school administrative units, the [state board] department of education shall, from funds appropriated by the general court to carry out the provisions of this subdivision, pay annually to the school districts of the state, sums in accordance with the provisions of this subdivision or the alternative school building aid provisions under RSA 198:15-u through RSA 198:15-w, depending on which option a school district elects. 8 New Subdivision; Alternative School Building Aid. Amend RSA 198 by inserting after section 15-t the following new subdivision: Alternative School Building Aid 198:15-u Definitions. As used in this subdivision: I. \"Median family income\" means that income for each municipality using the most recent data available from the United States Bureau of the Census. For the purposes of this subdivision, median family income shall be recalculated at each decennial census. II. \"Equalized valuation per pupil\" means the average equalized valuation within the school district over the most recent 5 years divided by the current number of pupils within the school district expressed as an average from the most recent 5 years of available data collected by the department of education. 198:15-v Alternative School Building Aid Grants. I. The amount of the annual grant to any school district duly organized, any city maintaining a school department within its corporate organization, any cooperative school district as defined in RSA 195:1, or any receiving district operating an area school as defined in RSA 195-A:1, shall be determined as follows: (a) Determine each municipality's equalized valuation per pupil by dividing the municipality's equalized valuation by the average daily membership in residence within each municipality. Assign each municipality a rank beginning with the municipality having the lowest equalized valuation per pupil ranked as number one, and continuing therefrom. (b) Determine each municipality's median family income, and assign each municipality a rank beginning with the municipality having the lowest median family income ranked as number one and continuing therefrom. (c) Add the rankings assigned in subparagraphs I(a) and I(b) and divide the sum by 2 to yield the building aid factor. II. The amount of the annual grant in this subdivision shall be a sum equal to a percentage of the amount of the annual payment of principal on all outstanding borrowings of the school district, city, cooperative school district, joint maintenance agreement, or receiving district, heretofore or hereafter incurred, for the cost of construction or purchase of school buildings and school administrative unit facilities, to the extent approved by the state board of education according to the following table: Building Aid Factor Single District Preexisting District in a Cooperative School District, Area School, or Joint Maintenance Agreement 0-59 60 percent 60 percent 60-69 55 percent 60 percent 70-89 45 percent 55 percent 90-114 40 percent 50 percent 115 or greater 30 percent 40 percent III. A cooperative school district or area school's grant amount shall be determined by calculating the percentage of the average daily membership in residence represented by each municipality within the cooperative school district and multiplying this percentage by each municipality's percentage of annual building aid eligibility under paragraph II of this section. The resulting product shall be multiplied by the projected cost of the building project. The sum of the individual municipality's entitlement of annual building aid shall be the annual grant for the cooperative school district. 198:15-w Alternative School Building Aid Grants; Procedures. The provisions of RSA 198:15-c through 198:15-h shall apply to any grant made under this subdivision. 9 Applicability. The provisions of sections 6-8 of this act shall apply to the total of approved costs of construction of school buildings for which loans are approved as of July 1, 2003 and thereafter. 10 School Building Aid; Amount of Annual Grant. Amend RSA 198:15-b, IV(c) to read as follows: (c) Planning, construction, or both, of additions to existing buildings [to provide additional pupil capacity]. 11 New Paragraph; School Building Aid; Cost and Size Standards. Amend RSA 198:15-b by inserting after paragraph VI the following new paragraph: VII. The provisions of this paragraph shall apply to any school building aid grants made pursuant to RSA 198:15-a through RSA 198:15-w: (a) The department of education shall issue annually maximum eligible cost standards for the construction of new school buildings or school administrative unit facilities, less site acquisition costs, qualifying for school building aid. These standards shall take into account the type, size and location of the school or school administrative unit facility and shall be based on an appropriate construction cost index developed or adopted by the department which shall reflect cost differences in the several regions of the state. Maximum cost standards shall be computed and published annually and expressed as a maximum cost per square foot. If the construction costs of the project divided by the total square feet of new construction exceed the applicable per square foot cost index, then the amount of school building aid shall be limited to the index multiplied by the total square feet of new construction in the project. (b) The department of education shall compute and publish annually a maximum cost per square foot. Maximum cost per square foot shall be calculated by averaging the final new construction costs, less site costs, divided by the planned enrollment for each school type and for school administrative unit facilities for all school projects first qualifying for school building aid in the prior 3 years for which complete data is available. (c) Maximum size standards for new schools shall be as follows: (1) Maximum gross square footage per pupil: Elementary school 120 Middle or junior high school 140 Senior high school 160 (2) Maximum usable site size for new schools: Elementary School 20 acres plus 1 acre for each 100 pupils Middle or junior high school 25 acres plus 1 acre for each 100 pupils Senior high school 30 acres plus 1 acre for each 100 pupils (d) For the purpose of calculating the total school building aid grants made under RSA 198:15-a through RSA 198:15-w, the final approved cost for school construction or school project, shall not exceed the cost that would result if the project conformed to the maximum cost and size standards. The provisions of this section shall not preclude an eligible applicant from exceeding the maximum standards provided, however, the cost of the portion of the facilities which exceed the maximum standards shall not be eligible for school building aid. The maximum cost and size standards in effect at the time general contract work begins shall be used for the purposes of determining school building aid. (e) The commissioner of the department of education shall have the authority to waive eligible cost and size standards for new construction for good reason shown. 12 School Building Aid; High School Vocational Technical Education Programs. Amend RSA 198:15-a to read as follows: 198:15-a Annual Grant for the Payment of Debt Service for School Construction. To aid local school districts in meeting the costs of the payment of debt for school buildings and educational administration buildings, including office facilities for school administrative units, and to meet the costs of leasing permanent space in a building or buildings which are used for the operation of a high school vocational technical education program the state board of education shall, from funds appropriated by the general court to carry out the provisions of this subdivision, pay annually to the school districts of the state, sums in accordance with the provisions of this subdivision. 13 New Section; School Building Aid; Grants for High School Vocational Technical Education Programs. Amend RSA 198 by inserting after section 15-h the following new section: 198:15-i Annual Grant for Leased Space. I. The amount of the annual grant to any school district duly organized, any city maintaining a school department within its corporate organization, any cooperative school district as defined in RSA 195:1, or any receiving district operating an area school as defined in RSA 195-A:1, shall be a sum equal to 30 percent of the amount of the annual payment of principal on all outstanding borrowings of the school district, city, cooperative school district, joint maintenance agreement, or receiving district, heretofore or hereafter incurred, for the cost of leasing permanent space in a building or buildings located outside of the school district or school administrative unit which is used for the operation of a high school vocational technical education program, to the extent approved by the state board of education, provided that the amount of the annual grant in the case of a cooperative school district, joint maintenance agreement, or a receiving district operating an area school, shall be 40 percent plus 5 percent for each pre-existing district in excess of 2 and each sending district, in excess of one, and provided further that no cooperative school district, joint maintenance agreement, or receiving district operating an area school, shall receive an annual grant in excess of 55 percent. Such lease agreements shall be eligible for grants under this section, provided all of the following conditions apply: (a) A school district, city, cooperative school district, joint maintenance agreement, or receiving district operating an area school as defined in RSA 195-A:1, which receives grants under this section shall remain eligible to apply for, receive, and expend moneys from other state or federal sources made available for the purpose of purchasing new equipment, materials, or supplies necessary for the operation of the program. Moneys received from such other state or federal sources shall not be used to make permanent upgrades or renovations to the leased space. (b) A lease agreement for permanent space shall be adopted in the same manner as required by law for the passage of construction bonds in the school district, city, cooperative school district, joint maintenance agreement, or receiving district operating an area school as defined in RSA 195-A:1. (c) An initial lease agreement for a term of 10 years or less shall be eligible to receive grants under this section. Upon renewal, a lease agreement may remain eligible to receive grants, provided the commissioner of the department of education determines that the lease agreement represents an efficient use of state and local resources. (d) In any fiscal year where the state pays a pro rata share of school building aid grants, the state shall pay the same pro rata share for leased agreements approved under this section. II. Lease agreements for the use of portable or modular classroom space shall not be eligible for grants. III. A school district, city, cooperative school district, joint maintenance agreement, or receiving district operating an area school as defined in RSA 195-A:1, shall submit details of the lease arrangement, including a copy of the proposed lease agreement, in writing to the state board of education on such forms as the state board may prescribe. Grant applications for leased space shall be submitted before January 1 of each year in order to be eligible for grants in the fiscal year following the year of submittal. The state board of education shall, no later than August 1, 2002, adopt rules pursuant to RSA 541-A, relative to procedures for grant applications for leased space. 14 Effective Date. I. Sections 6-8 of this act shall take effect as provided in section 9. II. The remainder of this act shall take effect upon its passage. AMENDED ANALYSIS This bill: I. Establishes a committee to study alternative regional public school programs for children who are at-risk. II. Creates an optional school building aid grant formula which shall be available to school districts beginning in the 2003-2004 school year. III. Establishes maximum cost and maximum size standards for the purpose of construction or purchase of school buildings or school administrative units. IV. Authorizes high school vocational technical education programs which enter into a lease agreement for permanent space to receive school building aid grants under certain circumstances. 2002-3195h Amendment to SB 354 Proposed by the Committee on Education - C Amend the title of the bill by replacing it with the following: AN ACT authorizing foster parents to act as educational advocates for foster children with educational disabilities. Amend the bill by replacing section 2 with the following: 2 New Section; Special Education; Foster Parent Representation of Foster Children with Educational Disabilities. Amend RSA 186-C by inserting after section 14 the following new section: 186-C:14-a Foster Parent Representation of Foster Children with Educational Disabilities. I. A foster parent or parents may be appointed by the commissioner of the department of education, upon recommendation of the commissioner of the department of health and human services or designee, or by the director of a child placing agency licensed under RSA 170-E that has placed the child with the foster parent or parents, to make educational decisions on behalf of a foster child for the duration of the foster placement, provided that: (a) The natural parents' parental rights have been terminated by a court of law or by death; and (b) Each such foster parent: (1) Is in an ongoing, long-term parental relationship with the child, as determined by the department of health and human services or the child placing agency; (2) Is willing to make the educational decisions required of parents under state and federal law; (3) Has no interest that would conflict with the interests of the child; and (4) Has demonstrated to the satisfaction of the commissioner of the department of education that he or she has the knowledge and skills to represent adequately the child in educational decision-making. II. A foster parent appointment pursuant to this section shall supersede the appointment of a surrogate parent under RSA 186C:14. III. A foster parent acting as a parent shall have the same right of access as the natural parents or guardians to all records concerning the child. These records shall include, but are not limited to, educational, medical, psychological, and welfare records. IV. No foster parent appointed to act in the capacity of a parent under this section shall be liable to the child entrusted to the foster parent or the parents or guardian of such child for any civil damages which result from acts or omissions of such foster parent which may arise out of ordinary negligence. This immunity shall not apply to acts or omissions constituting gross, willful, or wanton negligence. V. The state board of education shall adopt rules, pursuant to RSA 541-A, necessary for the implementation of this section. AMENDED ANALYSIS This bill authorizes foster parents to act as educational advocates for foster children with educational disabilities in the educational decision-making process and sets forth circumstances under which such representation may occur. 2002-3213h Amendment to SB 358 Proposed by the Committee on Executive Departments and Administration - C Amend the bill by replacing section 1 with the following: 1 New Section; Ophthalmic Dispensing; Assessment of Fines for Failure to Register or Reregister. Amend RSA 327-A by inserting after section 16 the following new section: 327-A:17 Administrative Fines. The commissioner after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine of $250 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund. 2002-3257h Amendment to SB 360-FN Proposed by the Committee on Criminal Justice and Public Safety - C Amend the bill by replacing all after the enacting clause with the following: 1 Computer Crime; Definitions. RSA 638:16 is repealed and reenacted to read as follows: I. \"Access\" means to instruct, communicate with, store data in, retrieve data from, intercept data from, or otherwise make use of any computer, computer network, computer program, computer software, computer data, or other computer resources. II. \"Authorization\" means the express or implied consent given by a person to another to access or use said person's computer, computer network, computer program, computer software, password, identifying code, or personal identification number. III. \"Computer\" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic or storage functions, and includes any data storage facility or communication facility directly related to or operating in conjunction with such device. The term \"computer\" includes any connected or directly related device, equipment, or facility which enables the computer to store, retrieve, or communicate computer programs, computer data, or the results of computer operations to or from a person, another computer, or another device, but such term does not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device. IV. \"Computer contaminant\" means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the authorization of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer program, computer operations, computer services, or computer network. V. \"Computer data\" means any representation of knowledge, facts, concepts, instruction, or other information computed, classified, processed, transmitted, received, retrieved, originated, stored, manifested, measured, detected, recorded, reproduced, handled, or utilized by a computer, computer network, computer program, or computer software, and may be in any medium, including, but not limited to, computer print-outs, microfilm, microfiche, magnetic storage media, optical storage media, punch paper tape, or punch cards, or it may be stored internally in read-only memory or random access memory of a computer or any other peripheral device. VI. \"Computer network\" means a set of connected devices and communication facilities, including more than one computer, with the capability to transmit computer data among them through such communication facilities. VII. \"Computer operations\" means arithmetic, logical, storage, display, monitoring, or retrieval functions or any combination thereof, and includes, but is not limited to, communication with, storage of data in or to, or retrieval of data from any device and the human manual manipulation of electronic magnetic impulses. A \"computer operation\" for a particular computer shall also mean any function for which that computer was designed. VIII. \"Computer program\" means an ordered set of computer data representing instructions or statements, in a form readable by a computer, which controls, directs, or otherwise influences the functioning of a computer or computer network. IX. \"Computer software\" means one or more computer programs, existing in any form, or any associated operational procedures, manuals, or other documentation. X. \"Computer services\" means computer access time, computer data processing, or computer data storage, and the computer data processed or stored in connection therewith. XI. \"Computer supplies\" means punch cards, paper tape, magnetic tape, magnetic disks or diskettes, optical disks or diskettes, disk or diskette packs, paper, microfilm, and any other tangible input, output, or storage medium used in connection with a computer, computer network, computer data, computer software, or computer program. XII. \"Computer resources\" includes, but is not limited to, information retrieval, computer data processing, transmission and storage, and any other functions performed, in whole or in part, by the use of a computer, computer network, computer software, or computer program. XIII. \"Financial instrument\" includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security or any computerized representation thereof. XIV. \"Owner\" means any person who owns or leases or is a licensee of a computer, computer network, computer data, computer program, computer software, computer resources, or computer supplies. XV. \"Person\" means any natural person, general partnership, limited partnership, trust, association, corporation, joint venture, or any state, county or municipal government and any subdivision, branch, department, or agency thereof. XVI. \"Property\" includes: (a) Real property; (b) Computers and computer networks; (c) Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are: (1) Tangible or intangible; (2) In a format readable by humans or by a computer; (3) In transit between computers or within a computer network or between any devices which comprise a computer; or (4) Located on any paper or in any device on which it is stored by a computer or by a human; and (d) Computer services. 2 Computer Crime Penalties; Computer Contaminants. Amend RSA 638:17 to read as follows: 638:17 Computer Related Offenses. I. A person is guilty of the computer crime of unauthorized access to a computer [system] or computer network when, knowing that [he] the person is not authorized to do so, he or she knowingly accesses or causes to be accessed any computer [system] or computer network without authorization. It shall be an affirmative defense to a prosecution for unauthorized access to a computer [system] or computer network that: (a) The person reasonably believed that the owner of the computer [system] or computer network, or a person empowered to license access thereto, had authorized him or her to access; or (b) The person reasonably believed that the owner of the computer [system] or computer network, or a person empowered to license access thereto, would have authorized [him] the person to access without payment of any consideration; or (c) The person reasonably could not have known that his or her access was unauthorized. II. A person is guilty of the computer crime of theft of computer services when he or she knowingly accesses or causes to be accessed or otherwise uses or causes to be used a computer [system] or computer network with the purpose of obtaining unauthorized computer services. III. A person is guilty of the computer crime of interruption of computer services when [he] the person, without authorization, knowingly or recklessly disrupts or degrades or causes the disruption or degradation of computer services or denies or causes the denial of computer services to an authorized user of a computer [system] or computer network. IV. A person is guilty of the computer crime of misuse of computer [system] or computer network information when: (a) As a result of his or her accessing or causing to be accessed a computer [system] or computer network, [he] the person knowingly makes or causes to be made an unauthorized display, use, disclosure, or copy, in any form, of data residing in, communicated by, or produced by a computer [system] or computer network; or (b) [He] The person knowingly or recklessly and without authorization: (1) Alters, deletes, tampers with, damages, destroys, or takes data intended for use by a computer [system] or computer network, whether residing within or external to a computer [system] or computer network; or (2) Intercepts or adds to data residing within a computer [system] or computer network; or (c) [He] The person knowingly receives or retains data obtained in violation of subparagraph (a) or (b) of this paragraph; or (d) [He] The person knowingly uses or discloses any data he or she knows or believes was obtained in violation of subparagraph (a) or (b) of this paragraph. V. A person is guilty of the computer crime of destruction of computer equipment when [he] or she, without authorization, knowingly or recklessly tampers with, takes, transfers, conceals, alters, damages, or destroys any equipment used in a computer [system] or computer network, or knowingly or recklessly causes any of the foregoing to occur. VI. A person is guilty of the computer crime of computer contamination if such person knowingly introduces, or causes to be introduced, a computer contaminant into any computer, computer program, or computer network which results in a loss of property or computer services. 3 Effective Date. This act shall take effect January 1, 2003. AMENDED ANALYSIS This bill establishes a criminal offense for the introduction of computer contaminants which result in the impairment of computer operations or the loss of property. The bill also revises the definitions relative to computer related offenses. 2002-3163h Amendment to SB 367 Proposed by the Committee on Children and Family Law - C Amend the bill by replacing all after the enacting clause with the following: 1 New Chapter; Guardian Ad Litem Board. Amend RSA by inserting after chapter 490-B the following new chapter: CHAPTER 490-C GUARDIAN AD LITEM BOARD 490-C:1 Board Established. There is hereby established a guardian ad litem board which shall be responsible for overseeing the credentialing, activities, and discipline for guardians ad litem appointed in New Hampshire. 490-C:2 Membership. I. The board shall consist of the following members: (a) One member representing the New Hampshire supreme court, appointed by the chief justice of the New Hampshire supreme court. (b) One member of the senate, appointed by the president of the senate. (c) One member of the house, appointed by the speaker of the house. (d) The executive director of the New Hampshire judicial council. (e) One member of Court Appointed Special Advocates (CASA), nominated by the director of CASA and appointed by the governor. (f) One member representing the division of children, youth, and families, or Casey family services, or another child protection agency in the state, appointed by the governor. (g) One member representing the interests of guardians ad litem, appointed by the governor. (h) Two members of the general public representing the interests of those individuals receiving the services of guardians ad litem, appointed by the governor. II. The members of the board shall serve without compensation. III. All members of the board shall be New Hampshire residents. 490-C:3 Terms of Appointment; Organization; Meetings. I.(a) The terms of the executive director of the judicial council, the member representing the New Hampshire supreme court, and the member representing the child protection agency shall be for 5 years and until a successor is appointed. The terms of the members representing the senate and house shall be concurrent with their terms of office. The terms of the members appointed under RSA 490-C:2, I (e) and (f) shall be for 3 years. Vacancies in board membership shall be filled in the same manner as the original appointment. (b) All initial appointments to the board shall be made within 60 days of the effective date of this section. II. The board shall elect a chairperson and secretary from among its members. III. The board shall conduct regular meetings on a monthly basis or at such other times as may be determined by the board or its chairperson. 490-C:4 Duties of the Board. The duties of the board include: I. Commissioning the participation of Franklin Pierce Law Center, the regional community-technical college system, or another appropriate in-state educational institution to provide training for guardians ad litem on a tuition basis. II. Compiling and maintaining a list of those guardians ad litem statewide who are certified and in good standing and making such list available to the general public online through Webster, the official internet site for the state of New Hampshire, maintained by the department of administrative services or its designee. III. Investigating the current cost and fee structure established under New Hampshire supreme court rules 48 and 48-A, and making recommendations to the legislature for appropriate action as necessary. 490-C:5 Rulemaking Authority. The board shall adopt rules for guardians ad litem, pursuant to RSA 541-A, relative to the following: I. Application process and certification criteria. II. Training requirements. III. Continuing educational requirements. IV. Specific duties to be performed, consistent with the provisions of RSA 463. V. Formal evaluation process for performance. VI. Procedures for processing complaints and addressing disciplinary issues. VII. Fee schedule for obtaining certification. 490-C:6 Court Appointed Special Advocates. Court Appointed Special Advocates (CASA) of New Hampshire shall be accountable to the guardian ad litem board for complying with the training requirements established by the board under RSA 490-C:5, II and for the actions of its volunteer members who are appointed by the court as guardians ad litem in child abuse and neglect cases. 490-C:7 Administrative Attachment. The board shall be administratively attached to the department of administrative services. 2 Transition; Regulation of Guardian Ad Litems. New Hampshire court rules adopted prior to the effective date of this act shall remain in effect until replaced through the adoption of rules by the guardian ad litem board under RSA 490-C, as inserted by this act. 3 Repeal. RSA 463:33 - 463:38, relative to the guardian ad litem board, are repealed. 4 Effective Date. This act shall take effect upon its passage. 2002-3315h Amendment to SB 386 Proposed by the Committee on Criminal Justice and Public Safety - C Amend RSA 153-A:33 as inserted by section 2 of the bill by inserting after paragraph II the following new paragraph: III. The provisions of paragraphs I and II shall not apply to owners who purchase an automated external defibrillator for use in a private residence. AMENDED ANALYSIS This bill establishes an automated external defibrillator registry in the department of safety, and requires commercial owners to register their devices. 2002-3118h Amendment to SB 392 Proposed by the Committee on Commerce - C Amend the title of the bill by replacing it with the following: AN ACT relative to the regulation of revolving credit plans. Amend the bill by replacing all after the enacting clause with the following: 1 New Chapter; Regulation of Revolving Credit Plans. Amend RSA by inserting after chapter 384-F the following new chapter: CHAPTER 384-G REGULATION OF REVOLVING CREDIT PLANS 384-G:1 Definitions. In this chapter: I. \"Bank\" means a bank, trust company, savings association or credit union, which is chartered by this state or by any authority or agency of the United States and having its principal place of banking business in this State and any foreign bank agency. II. \"Bank commissioner\" means the New Hampshire bank commissioner. III. \"Borrower\" means any corporation, partnership, association, government or governmental subdivision or agency, trust, individual, or other entity. IV. \"Credit device\" means any card, check, identification code or other means of identification contemplated by the agreement governing the plan. V. \"Individual borrower\" means a borrower who is a natural person borrowing for personal, household, or family purposes. VI. \"Loans\" mean cash advances or loans to be paid to or for the account of the borrower. VII. \"Outstanding unpaid indebtedness\" means on any day an amount not in excess of the total amount of purchases and loans charged to the borrower's account under the plan which is outstanding and unpaid at the end of the day, after adding the aggregate amount of any new purchases and loans charged to the account as of that day and deducting the aggregate amount of any payments and credits applied to that indebtedness as of that day and, if the agreement providing the plan so provides, may include the amount of any periodic interest, interest charges and other charges permitted by this subchapter, including late or delinquency charges, which have accrued in the account and which are unpaid at the end of the day. Purchases and loans may be included in outstanding unpaid indebtedness as of such time as may be specified in the agreement governing the plan. VIII. \"Purchases\" mean payments for property of whatever nature, real or personal, tangible or intangible, and payments for services, licenses, taxes, official fees, fines, private or governmental obligations, or any other thing of value. IX. \"Revolving credit plan\" or \"plan\" means a plan contemplating the extension of credit under an account governed by an agreement between a bank and a borrower pursuant to which: (a) The bank permits the borrower and, if the agreement governing the plan so provides, persons acting on behalf of or with authorization from the borrower, from time to time to make purchases and/or to obtain loans by use of a credit device; (b) The amounts of such purchases and loans are charged to the borrower's account under the revolving credit plan; (c) The borrower is required to pay the bank the amounts of all purchases and loans charged to such borrower's account under the plan but has the privilege of paying such amounts outstanding from time to time in full or otherwise in accordance with the agreement governing the plan; and (d) Interest may be charged and collected by the bank from time to time on the outstanding unpaid indebtedness under such plan. 384-G:2 Extension of Credit. Any bank may, subject to any limitations on lending authorities contained in its charter or otherwise imposed by law and subject to the other provisions of this chapter, offer and extend credit under a revolving credit plan to a borrower and in connection therewith may charge and collect periodic interest, interest charges and other charges permitted by this subchapter and may take such security as collateral in connection therewith as may be acceptable to the bank. Without limitation of the foregoing, credit may be extended under a revolving credit plan by a bank's acquisition of obligations arising out of the honoring by a merchant, a bank or other financial institution, whether chartered or organized under the laws of this or any other state, the District of Columbia, the United States or any district, territory or possession of the United States, or any foreign country, or a government or governmental subdivision or agency of a credit device made available to a borrower under a plan, whether directly or indirectly by means of telephone, point of sale terminal, automated teller machine or other electronic or similar device or through the mails. 384-G:3 Periodic Interest. A bank may charge and collect periodic interest under a revolving credit plan on outstanding unpaid indebtedness in the borrower's account under the plan at such daily, weekly, monthly, annual or other periodic percentage rate or rates as the agreement governing the plan provides or as established in the manner provided in the agreement governing the plan. Periodic interest may be calculated using an average daily balance, 2-cycle average daily balance, adjusted balance or previous balance method or using any other balance computation method provided for in the agreement governing the plan. Periodic billing cycles may be established in such manner and shall have such duration as may be specified in the agreement governing the plan. 384-G:4 Variable Rates. If the agreement governing the revolving credit plan so provides, the periodic percentage rate or rates of interest under such plan may vary in accordance with a schedule or formula. Such periodic percentage rate or rates may vary from time to time as the rate determined in accordance with such schedule or formula varies and such periodic percentage rate or rates, as so varied, may be made applicable to all or any part of outstanding unpaid indebtedness under the plan on or after the first day of the billing cycle that contains the effective date of such variation including any such indebtedness arising out of purchases made or loans obtained prior to such variation in the periodic percentage rate or rates. Without limitation, a permissible schedule or formula hereunder may include provision in the agreement governing the plan for a change in the periodic percentage rate or rates of interest applicable to all or any part of outstanding unpaid indebtedness, whether by variation of the then applicable periodic percentage rate or rates of interest, variation of an index or margin or otherwise, contingent upon the happening of any event or circumstance specified in the plan, which event or circumstance may include the failure of the borrower to perform in accordance with the terms of the plan. 384-G:5 Interest Charges. I. In addition to or in lieu of interest at a periodic percentage rate or rates as provided in RSA 384-G:3 and RSA 384-G:4, a bank may, if the agreement governing the revolving credit plan so provides, charge and collect, as interest, in such manner or form as the plan may provide, one or more of the following: (a) A daily, weekly, monthly, annual or other periodic charge in such amount or amounts as the agreement may provide for the privileges made available to the borrower under the plan. (b) A transaction charge or charges in such amount or amounts as the agreement may provide for each separate purchase or loan under the plan. (c) A minimum charge for each daily, weekly, monthly, annual or other scheduled billing period under the plan during any portion of which there is an outstanding unpaid indebtedness under the plan. (d) Reasonable fees for services rendered or for reimbursement of expenses incurred in good faith by the bank or its agents in connection with the plan, or other reasonable fees incident to the application for and the opening, administration and termination of a plan including, without limitation, commitment, application and processing fees, official fees and taxes, costs incurred by reason of examination of title, inspection, appraisal, recording, mortgage satisfaction or other formal acts necessary or appropriate to the security for the plan, and filing fees. (e) Returned payment charges or charges imposed for the return of a draft drawn on a revolving credit plan evidencing an extension of credit under such plan. (f) Documentary evidence charges. (g) Stop payment fees. (h) Overlimit charges. (i) Automated teller machine charges or similar electronic or interchange fees or charges. (j) Prepayment charges authorized under paragraph II. (k) Subject to any limitations contained in this chapter, such other fees and charges as are set forth in the agreement governing the plan. II. An individual borrower may pay the outstanding unpaid indebtedness charged to the borrower's account under a plan in full at any time. Except for a charge imposed to terminate a plan if the agreement governing the plan so provides, a bank may not impose any prepayment charge in connection with the payment of outstanding unpaid indebtedness in full by an individual borrower. A bank may charge and collect any prepayment penalty or charge specified in the agreement governing the plan in connection with the payoff and termination of a plan that is secured by a real estate mortgage. The terms of prepayment of the outstanding unpaid indebtedness relating to a revolving credit plan involving a borrower other than an individual borrower shall be as the bank and the borrower may agree. III. No charges assessed by a bank in accordance with this section shall be deemed void as a penalty or otherwise unenforceable under any statute or the common law. 384-G:6 Terms for Indebtedness. A bank may, if the agreement governing a revolving credit plan so provides, impose different terms (including, without limitation, the terms governing the periodic percentage rate or rates used to calculate interest, the method of computing the outstanding unpaid indebtedness to which such rate or rates are applied, the amounts of other charges, and the applicable installment repayment schedule) in respect to indebtedness arising out of purchases and indebtedness arising out of loans made under the plan. 384-G:7 Overdraft Accounts. If credit under a revolving credit plan is offered and extended in connection with a demand deposit account or other transaction account maintained by the borrower with a bank that is also a depository institution pursuant to an agreement or arrangement whereby such bank agrees to honor checks, drafts, or other debits to such account, which if paid would create or increase a negative balance in such account, by making extensions of credit to such borrower under such revolving credit plan, any charges customarily imposed by such bank under the terms governing such demand deposit or other transaction account in the absence of any associated revolving credit plan (including, without limitation, check charges, monthly maintenance charges, checkbook charges, charges for checks drawn on funds in excess of an available line of credit and other similar charges) may continue to be imposed on such account without specific reference thereto or incorporation thereof by reference in the agreement governing the revolving credit plan and the amount of any such charge, to the extent the balance in such demand deposit or other transaction account is insufficient to pay such a charge, may be charged to the borrower's account under the plan as a loan thereunder and may be included in outstanding unpaid indebtedness in accordance with the terms of the agreement governing such revolving credit plan. 384-G:8 Omitted Installments. A bank may at any time and from time to time unilaterally extend to a borrower under a revolving credit plan the option of omitting monthly installments. 384-G:9 Insurance. I. A bank may request but not require an individual borrower to be insured in respect of a revolving credit plan under a life, health, accident, health and accident or other credit or other permissible insurance policy, whether group or individual, and in the event that an individual borrower's outstanding unpaid indebtedness under the plan is secured by an interest in real or personal property, a bank may require the borrower to obtain insurance from a licensed insurer against loss of or damage to such property, or against the liability arising out of the ownership or use of the property and may finance the premiums for such insurance. II. In the case of a borrower borrowing under a revolving credit plan for other than personal, household or family purposes, a bank may require the borrower to obtain insurance, from a licensed insurer acceptable to the bank, under a life, health, accident, health and accident or other credit or other permissible insurance policy, whether group or individual, and in the event that the borrower's outstanding unpaid indebtedness under the plan is secured by an interest in real or personal property, the bank may require the borrower to obtain insurance, from an insurer acceptable to the bank, against loss of or damage to such property, or against the liability arising out of the ownership or use of the property and may finance the premiums for such insurance. III. The offer and placement of insurance under this section shall be subject in all respects to the applicable provisions of title 37. 384-G:10 Delinquent Installments. I. If the agreement governing a revolving credit plan so provides, a bank may impose, as interest, a late or delinquency charge upon any outstanding unpaid installment payments or portions thereof under the plan which are in default; provided however, that no more than one such late or delinquency charge may be imposed in respect of any single such installment payment or portion thereof, regardless of the period during which it remains in default; and provided further, however, that for the purpose only of the preceding proviso all payments by the borrower shall be deemed to be applied to satisfaction of installment payments in the order in which they become due. Nothing contained in this section shall limit, restrict or otherwise affect the right of a bank under and pursuant to RSA 384-G:4 and RSA 384-G:5 to change the periodic percentage rate or rates of interest applicable to the revolving credit plan between the bank and a borrower upon the occurrence of a delinquency or default or other failure of the borrower to perform in accordance with the terms of the plan. II. No charges assessed by a bank in accordance with this section shall be deemed void as a penalty or otherwise unenforceable under any statute or the common law. 384-G:11 Attorney's Fees; Costs. In the event a borrower defaults under the terms of a plan, the bank may, if the borrower's account is referred to an attorney (not a regularly salaried employee of the bank) or to a third party for collection and if the agreement governing the revolving credit plan so provides, charge and collect from the borrower a reasonable attorney's fee. In addition, following a borrower's default, the bank may, if the agreement governing the plan so provides, recover from the borrower all court, alternative dispute resolution or other collection costs, including, without limitation, fees and charges of collection agencies, actually incurred by the bank. 384-G:12 Amendment of Agreement. I. Unless the agreement governing a revolving credit plan otherwise provides, a bank may at any time and from time to time amend such agreement in any respect, whether or not the amendment or the subject of the amendment was originally contemplated or addressed by the parties or is integral to the relationship between the parties. Without limiting the foregoing, such amendment may change terms by the addition of new terms or by the deletion or modification of existing terms, whether relating to plan benefits or features, the rate or rates of periodic interest, the manner of calculating periodic interest or outstanding unpaid indebtedness, variable schedules or formulas, interest charges, fees, collateral requirements, methods for obtaining or repaying extensions of credit, attorney's fees, plan termination, the manner for amending the terms of the agreement, arbitration or other alternative dispute resolution mechanisms, or other matters of any kind whatsoever. Unless the agreement governing a revolving credit plan otherwise expressly provides, any amendment may, on and after the date upon which it becomes effective as to a particular borrower, apply to all then outstanding unpaid indebtedness in the borrower's account under the plan, including any such indebtedness that arose prior to the effective date of the amendment. An agreement governing a revolving credit plan may be amended pursuant to this section regardless of whether the plan is active or inactive or whether additional borrowings are available thereunder. Any amendment that does not increase the rate or rates of periodic interest charged by a bank to a borrower under RSA 384-G:3 or RSA 384-G:4 may become effective as determined by the bank, subject to compliance by the bank with any applicable notice requirements under the Truth in Lending Act 15 U.S.C. 1601 et seq., and the regulations promulgated thereunder, as in effect from time to time. Any notice of an amendment sent by the bank may be included in the same envelope with a periodic statement or as part of the periodic statement or in other materials sent to the borrower. II.(a) If an amendment increases the rate or rates of periodic interest charged by a bank to a borrower under RSA 384-G:3 or RSA 384-G:4, the bank shall mail or deliver to the borrower, at least 15 days before the effective date of the amendment, a clear and conspicuous written notice that shall describe the amendment and shall also set forth the effective date thereof and any applicable information required to be disclosed pursuant to the following provisions of this section. (b) Any amendment that increases the rate or rates of periodic interest charged by a bank to a borrower under RSA 384-G:3 or RSA 384-G:4 may become effective as to a particular borrower if the borrower does not, within 15 days of the earlier of the mailing or delivery of the written notice of the amendment or such longer period as may be established by the bank, furnish written notice to the bank that the borrower does not agree to accept such amendment. The notice from the bank shall set forth the address to which a borrower may send notice of the borrower's election not to accept the amendment and shall include a statement that, absent the furnishing of notice to the bank of nonacceptance within the referenced 15 day or longer time period, the amendment will become effective and apply to such borrower. As a condition to the effectiveness of any notice that a borrower does not accept such amendment, the bank may require the borrower to return to it all credit devices. If, after 15 days from the mailing or delivery by the bank of a notice of an amendment or such longer period as may have been established by the bank as referenced in this section, a borrower uses a plan by making a purchase or obtaining a loan, notwithstanding that the borrower has prior to such use furnished the bank notice that the borrower does not accept an amendment, the amendment may be deemed by the bank to have been accepted and may become effective as to the borrower as of the date that such amendment would have become effective but for the furnishing of notice by the borrower or as of any later date selected by the bank. (c) Any amendment that increases the rate or rates of periodic interest charged by a bank to a borrower under RSA 384-G:3 or RSA 384-G:4 may, in lieu of the procedure referenced in RSA 384-G:12, II(b), become effective as to a particular borrower if the borrower uses the plan after a date specified in the written notice of the amendment that is at least 15 days after the mailing or delivery of the notice (but that need not be the date the amendment becomes effective) by making a purchase or obtaining a loan; provided, that the notice from the bank includes a statement that the described usage after the referenced date will constitute the borrower's acceptance of the amendment. (d) Any borrower who furnishes timely notice electing not to accept an amendment in accordance with the procedures referenced in subparagraph II(b) and who does not subsequently use the plan, or who fails to use such borrower's plan as referenced in subparagraph II(c), shall be permitted to pay the outstanding unpaid indebtedness in such borrower's account under the plan in accordance with the rate or rates of periodic interest charged by a bank to a borrower under RSA 384-G:3 or RSA 384-G:4 without giving effect to the amendment. (e) Notwithstanding the other provisions of this chapter, no notice required by this paragraph of an amendment of an agreement governing a revolving credit plan shall be required, and any amendment may become effective as of any date agreed upon between a bank and a borrower, with respect to any amendment that is agreed to in written form between the bank and the borrower. III. For purposes of this section, the following are examples of amendments that shall not be deemed to increase the rate or rates of periodic interest charged by a bank to a borrower under RSA 384-G:3 or RSA 384-G:4: (a) A decrease or increase in the required number or amount of periodic installment payments; (b) Any change to a plan that increases the rate or rates in effect immediately prior to the change by less than 1/4 of one percentage point per annum; provided that a bank may not make more than one such change in reliance on this paragraph with respect to a plan within any 12-month period; (c)(1) A change in the schedule or formula used under a variable rate plan under RSA 384-G:4 that varies the determination date of the applicable rate, the time period for which the applicable rate will apply or the effective date of any variation of the rate, or any other similar change; or (2) Any other change in the schedule or formula used under a variable rate plan under RSA 384-G:4; provided, that the initial interest rate that would result from any such change under subparagraph III(c), as determined on the effective date of the change or, if notice of the change is mailed or delivered to the borrower prior to the effective date, as of any date within 60 days before mailing or delivery of such notice, will not be an increase from the rate in effect on such date under the existing schedule or formula; (d) A change from a variable rate plan to a fixed rate, or from a fixed rate to a variable rate plan so long as the initial rate that would result from such a change, as determined on the effective date of the change, or if the notice of the change is mailed or delivered to the borrower prior to the effective date, as of any date within 60 days before mailing or delivery of such notice, will not be an increase from the rate in effect on such date under the existing plan; (e) A change from a daily periodic rate to a periodic rate other than daily or from a periodic rate other than daily to a daily periodic rate; and (f) A change in the method of determining the outstanding unpaid indebtedness upon which periodic interest is calculated, including, without limitation, a change with respect to the date by which or the time period within which a new balance or any portion thereof must be paid to avoid additional periodic interest. IV. The procedures for amendment by a bank of the terms of a plan to which a borrower other than an individual borrower is a party may, in lieu of the provisions of this section, be as the agreement governing the plan may otherwise provide. 384-G:13 Examinations. Subject to federal preemption where applicable: I. The banking department may examine the business affairs of any bank, as it deems necessary to determine whether a revolving credit plan complies with this chapter and the rules adopted hereunder and also with RSA 399-B, the Truth in Lending Act, 15 U.S.C. 1601 et seq., and any other applicable law or regulation In determining compliance, the banking department may examine the books, accounts, records, files, and other documents or matters of any bank or person. In conjunction therewith, the banking department shall have the power to subpoena witnesses and administer oaths in any adjudicative proceedings, and to compel, by subpoena duces tecum, the production of all books, records, files, and other documents and materials relevant to its investigation. II. A bank shall maintain such records as will enable the banking department to examine whether the bank's business is in compliance with the provisions of this chapter and the rules adopted pursuant to it. Such records shall be maintained and made available for examination for a period of at least 3 years after the loan is closed, if the loan is not retained in the bank's loan portfolio, or 3 years after the loan is paid in full, if the loan is retained in the bank's loan portfolio. Banks may maintain photocopies, microfilm, microfiche, or electronic copies of original documents. III. For the purpose of discovering violations of this chapter, the banking department may examine, during business hours, the records of any bank and of any person by whom any such loan is made, whether such person shall claim to act, as principal, agent, or other representative, or under, or without the authority of this chapter; and for that purpose, the banking department shall have access to the books, papers, records, files, and vaults of all such persons. The banking department shall also have authority to examine, under oath, all persons whose testimony it may require relative to such loans or business. IV. The affairs and records within this state of every bank shall be subject at any time to such periodic, special, regular, or other examination by the banking department, with or without notice to the bank. All books, papers, files, related material, and records of assets of the bank shall be subject to the banking department's examination. V. Any agent of the banking department may make a thorough examination into the business affairs of each bank and shall report any violations of law, rule, or standard business practice to the banking department. VI. The expense of such examination shall be chargeable to and paid by the bank. The procedure for such payment shall be the same as for payments by institutions for cost of examinations under RSA 383:11. 384-G:14 Enforcement. I. Subject to federal preemption where applicable, the bank commissioner shall administer and enforce the provisions of this chapter. The bank commissioner may take enforcement action to remedy any act or practice which violates this chapter, including injunctive relief and restitution. II. Any borrower injured by any such act or practice in violation of RSA 384:G may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper, against a bank. A prevailing plaintiff shall be awarded reasonable attorneys' fees and costs, as determined by the court. If the court finds that an action initiated by the plaintiff under this paragraph was frivolous, the court shall give reasons thereof in writing and may assess reasonable attorneys' fees and costs. 384-G:15 Rulemaking. Pursuant to RSA 541-A, the bank commissioner may adopt such rules as the bank commissioner deems necessary to the administration and enforcement of this chapter. Such rules shall be consistent with the provisions of this chapter. 384-G:16 Application of Other State Laws. Extensions of credit and other transactions conducted pursuant to this chapter shall be subject where applicable to the provisions of RSA 399-B. Any other law of this state limiting the rate or amount of interest, discount, points, finance charges, service charges or other charges which may be charged, taken, collected, received or reserved, or providing for enforcement action or remedies shall not apply to extensions of credit under a revolving credit plan operated in accordance with this chapter. 384-G:17 Application; Captions. I. The provisions of this chapter shall apply to and exclusively govern a revolving credit plan, provided that the plan references this chapter in the agreement and states that the provisions of this chapter shall so govern. II. Section headings and captions contained in this chapter are inserted only as a matter of convenience and for reference and do not, and shall not be construed to, define, limit, extend or describe the scope of this chapter or the meaning or intent of any section hereof. 384-G:18 Materiality of Terms. All terms, conditions and other provisions of and relating to a plan as contained in this chapter or in the agreement governing the plan other than those which are interest under this chapter, including, without limitation, provisions relating to the method of determining the outstanding unpaid indebtedness on which interest is applied, time periods within which interest charges may be avoided, reasons for default and the right to cure any default, rights to accelerate, account cancellation, choice of law, change in terms requirements, rights to charge and collect attorney's fees, court and collection costs, and the compounding of periodic interest or interest charges, shall be and hereby are deemed to be material to the determination of interest applicable to a plan under New Hampshire law, under the most favored lender doctrine, and under Section 85 of the National Bank Act, 12 U.S.C. Section 85 or Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 1980, 12 U.S.C. Section 1831d. 384-G:19 Governing Law. A revolving credit plan between a bank and a borrower shall be governed by the laws of this state. 384-G:20 Severability. If any provision of this chapter or the application of any section or part thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable. 2 Effective Date. This act shall take effect 60 days after its passage. AMENDED ANALYSIS This bill provides for regulation by the banking department of revolving credit plan agreements between banks and borrowers. 2002-3139h Amendment to SB 395 Proposed by the Committee on Education - R Amend RSA 186-C:1 as inserted by section 1 of the bill by replacing it with the following: 186-C:1 Policy and Purpose. It is hereby declared to be the policy of the state that all children in New Hampshire be provided with equal educational opportunities. [It is the purpose of this chapter to insure that the state board of education and the school districts of the state provide a free and appropriate public education for all educationally disabled children while taking into consideration the cost of that education when determining appropriateness]. 2002-3086h Amendment to SB 408 Proposed by the Committee on Children and Family Law - C Amend RSA 169-C:35-a, III as inserted by section 1 of the bill by replacing it with the following: III. The department shall retain a founded report for 7 years from the date that the petitionee has exhausted or failed to exercise his or her due process right to appeal the department's determination to found the report, after which time, the department shall delete or destroy all electronic and paper records of the report. Amend RSA 169-C:35-a, V as inserted by section 1 of the bill by replacing it with the following: V. Nothing in this section shall prevent the department from retaining generic, non-identifying information which is required for state and federal reporting and management purposes. 2002-3415h Majority Amendment to SB 410 Proposed by the Committee on Resources, Recreation and Development-R Amend the title of the bill by replacing it with the following: AN ACT establishing a commission to study issues relative to large groundwater withdrawals. Amend the bill by replacing all after the enacting clause with the following: 1 Commission Established. The general court recognizes that the waters of New Hampshire are a precious and invaluable resource upon which there is an ever increasing demand for existing, new and competing uses. The general court further recognizes that an adequate supply of groundwater for domestic, agricultural, industrial, and recreational uses and for fish and wildlife is essential to the health, safety, and welfare of the people of New Hampshire. Therefore there is hereby established a commission to study ways to clarify the hierarchy of water uses while considering existing private property rights, to evaluate a balanced approach to water use among residential, public water supply, industrial, commercial, agricultural, recreational and other water users, and to review the current process by which all such new water users may reasonably and efficiently use state water resources, including consideration of potential regional impacts and local water management issues, in order to best protect and preserve an adequate supply of groundwater for the state. 2 Membership and Compensation. I. The members of the commission shall be as follows: (a) Three members of the senate, appointed by the president of the senate. (b) Three members of the house of representatives, appointed by the speaker of the house. (c) A representative of public water supplier interests, nominated by the New Hampshire Water Works Association, and appointed by the governor. (d) The commissioner of the department of environmental services or designee. (e) A representative of the International Bottled Water Association, appointed by the governor. (f) Two members of the public, appointed by the governor. (g) A representative of industrial/commercial interests, nominated by the Business and Industry Association of New Hampshire, and appointed by the governor. (h) A representative of municipal interests, nominated by the New Hampshire Municipal Association, and appointed by the governor. (i) A representative of agricultural interests, nominated by the New Hampshire Farm Bureau, and appointed by the governor. (j) A representative of recreational interests, nominated by the New Hampshire Travel Council, and appointed by the governor. II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission. 3 Duties. The commission shall study ways to clarify the hierarchy of water uses, while considering existing private property rights, to evaluate a balanced approach to water use among residential, public water supply, industrial, commercial, agricultural, recreational and other water users, and to review the current process by which all such new water users may reasonably and efficiently use state water resources, including consideration of potential regional impacts and local water management issues, in order to best protect and preserve an adequate supply of groundwater for the state. This study shall include consideration of issues such as potential impacts on New Hampshire's environment, other water users, municipalities, and the state's economy. The commission shall also evaluate whether there is a need for additional regulation to address different uses of water. 4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. 5 Report. The commission shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2002. 6 Effective Date. This act shall take effect upon its passage. AMENDED ANALYSIS This bill establishes a commission to study issues relative to large water withdrawals. 2002-3231h Minority Amendment to SB 410 Proposed by the Committee on Resources, Recreation and Development - R Amend the bill by replacing all after the enacting clause with the following: 1 New Paragraph; Protection of an Adequate Supply of Groundwater, Large Withdrawals Compatible. Amend RSA 485-C:1 by inserting after paragraph II the following new paragraph: III. The purpose of this chapter is also to protect, conserve, and manage an adequate supply of groundwater to benefit all existing and future users of New Hampshire's water resources. In recognition that the waters of New Hampshire are a precious, finite, and invaluable resource upon which there is an ever increasing demand for existing, new, and competing uses; and in further recognition that an adequate supply of groundwater for domestic, agricultural, industrial, and recreational uses and for fish and wildlife is essential to the health, safety, and welfare of the people of New Hampshire, the legislature finds and declares that large groundwater withdrawals shall be compatible with long-range water resource planning and proper management and use of the water resources of New Hampshire, and consistent with New Hampshire's policy of protecting, conserving, and managing the water resources of the state in the interest of present and future generations. 2 Definitions; Agriculture, Agricultural Withdrawal, Ambient Groundwater Quality Standards. Amend RSA 485-C:2, I to read as follows: I. \"Agriculture' means agriculture as defined in RSA 21:34-a. I-a. \"Agricultural withdrawal\" means a new withdrawal of groundwater of 57,600 gallons or more in any 24-hour period from a withdrawal site that will be used for agriculture. I-b. \"Ambient groundwater quality standards' means maximum concentration levels for regulated contaminants in groundwater which result from human operations or activities, as delineated in RSA 485-C:6. 3 New Paragraph; Definition Added. Amend RSA 485-C:2 by inserting after paragraph II the following new paragraph: II-a. \"Commercial withdrawal\" means a new withdrawal of groundwater of 57,600 gallons or more in any 24-hour period from a withdrawal site that will be used for purposes other than agriculture, community water supply, or to supply individual domestic water systems. 4 New Paragraphs; Definitions Added. Amend RSA 485-C:2 by inserting after paragraph III the following new paragraphs: III-a. \"Community water supply\" means water withdrawn to supply a community water system. III-b. \"Community water system\" means a community water system as defined in RSA 485:1-a, I. 5 New Paragraph; Definition Added. Amend RSA 485-C:2 by inserting after paragraph X the following new paragraph: X-a. \"New withdrawal\" means the removal of 57,600 gallons or more of groundwater in any 24-hour period after the effective date of this paragraph from either an untapped spring or springs, or a new well or wells, or from a spring or well that has not been used for any water withdrawal on a consistent basis for the prior 2 or more years. 6 New Paragraph; Definition Added. Amend RSA 485-C:2 by inserting after paragraph XIV the following new paragraph: XIV-a. \"Study area\" means the area that encompasses the maximum extent of the cone of depression created by the new withdrawal, the maximum extent of the recharge area for the new withdrawal, and the downgradient area of the new withdrawal. The downgradient area of the new withdrawal shall include: the area where water taken by the new withdrawal would flow if the new withdrawal did not operate; the area that will provide water to the downgradient area when the new withdrawal is operating; and the point where the amount of water to be withdrawn is negligible when compared to the amount of water crossing the boundary using one of the following methods: (a) An existing or new delineation of a watershed large enough so that the size of the entire study area for the new withdrawal is at least 10 times the size of the recharged area for the withdrawal; (b) An existing or new delineation of a watershed where the amount of water crossing the downgradient boundary, that is, leaving the study area under current conditions, is at least 10 times the amount of water to be withdrawn; or (c) An alternative method of estimating a study area provided it: (1) Relies on conservation assumptions; (2) Is demonstrated as appropriate for the site by testing results; and (3) Is clearly explained and justified in a written report developed in accordance with this chapter and rules adopted pursuant to this chapter. 7 New Paragraphs; Definitions Added. Amend RSA 485-C:2 by inserting after paragraph XVIII the following new paragraphs: XVIII-a. \"Withdrawal\" means the removal of groundwater for any purpose. XVIII-b. \"Withdrawal site\" means a parcel of land where one or more new withdrawals are established by a person to withdraw water for a community water supply, agriculture, or a commercial purpose. Multiple withdrawal sites shall be considered a single withdrawal site for purposes of determining the number of gallons withdrawn in a 24-hour period where one or more of such withdrawal sites are owned, operated, or controlled by the same person or an affiliate of that person and one or more of such withdrawal sites are connected hydrogeologically and are withdrawing water from the same source. For purposes of this paragraph, \"affiliate\" means a person who directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, a withdrawal site owner or operator, an officer, director, partner, shareholder, member, or any relative of the foregoing persons. For purposes of this paragraph \"control\" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether it is through the ownership of voting securities or by contract or otherwise. 8 Rulemaking; Large Groundwater Withdrawals. RSA 485-C:4, XII is repealed and reenacted to read as follows: XII. All new groundwater withdrawals of 57,600 gallons or more in any 24-hour period. Such rules shall include: (a) Criteria and procedures for requiring persons to identify and address impacts of new withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the anticipated study area. (b) Requirements relative to water conservation management plans which demonstrate water use efficiency related to the proposed new withdrawals, to be submitted by the persons seeking approval for a new withdrawal. (c) Requirements and procedure relative to demonstrating requirements for approval in accordance with RSA 485-C:21, II-IV. (d) If hydrogeologic data indicate that any well, water resource, or water-related resources will be or are being adversely affected by the new withdrawal, procedures by which the department may deny, revoke, or suspend permission for a new withdrawal, or reduce the amount of water withdrawn. (e) If hydrogeologic data indicate that any private well is being adversely affected by the new withdrawal, procedures by which the department may allow or require a mitigation program for provision of a substantially similar alternative water supply to the adversely affected well at no initial capital cost to persons whose wells are or will be adversely affected by the new withdrawal. (f) Requirements and procedures for exempting replacement wells and temporary withdrawals such as new withdrawals needed on a periodic short-term basis or for groundwater remediation or construction dewatering from RSA 485-C:21, II and III. 9 Notification of Large Groundwater Withdrawal Required. Amend RSA 485-C:14-a to read as follows: 485-C:14-a Notwithstanding any provision of law to the contrary, before any person may establish a new withdrawal of 57,600 gallons or more of water in any 24-hour period from a [well] withdrawal site, such person shall provide written notice to the governing body of the municipality in which the [well] new withdrawal site is located and to the governing bodies of each municipality and each supplier of water within the anticipated [zone of contribution to the well] study area. This section shall apply only to [wells] new withdrawals established after the effective date of this section. 10 Municipal Authority. RSA 485-C:20 is repealed and reenacted to read as follows: 485-C:20 Municipal Authority. I. Nothing in this chapter preempts the authority of municipalities, under other statutes, to enact as stringent or more stringent requirements affecting groundwater, except that the quantity of groundwater that may be withdrawn for any purpose shall be regulated solely by the state. II. A municipality may require a person proposing to withdraw water to demonstrate compliance with local zoning restrictions and with all applicable local ordinances related to the siting of the withdrawal and associated site development and groundwater quality. If such demonstration of compliance is required, the project shall be considered a development of regional impact and shall be subject to the procedure required by RSA 36:57. 11 Approval for Large Groundwater Withdrawals. RSA 485-C:21 is repealed and reenacted to read as follows: 485-C:21 Approval for Large Groundwater Withdrawals. I. No person may establish a new withdrawal to withdraw 57,600 gallons or more of water in any 24-hour period from a withdrawal site after the effective date of this section without the prior approval of the department. II. The department shall not approve a new withdrawal for community water supply of 57,600 gallons or more of groundwater from a withdrawal site in any 24-hour period, except for new withdrawals meeting the criteria for replacement or temporary withdrawals, unless the person seeking approval successfully demonstrates the following : (a) Water-related resources will not be adversely affected or, in the case of wells, will be mitigated if adversely affected; and (b) Water use efficiency. III. The department shall not approve a new groundwater withdrawal for commercial purposes of 57,600 gallons or more of water in any 24-hour period, except for new withdrawals meeting the criteria for replacement or temporary withdrawals from a withdrawal site, unless the person seeking approval successfully shows public benefit by demonstrating all of the following: (a) Water-related resources will not be adversely affected or, in the case of wells, will be mitigated if adversely affected and provided that the mitigation is reasonably acceptable to adversely affected well owners. (b) Water use efficiency. (c) The new withdrawal is consistent with municipal ordinances pertaining to groundwater quality in effect at the time the application is submitted. (d) The new withdrawal will not compromise the future supply of groundwater necessary to support reasonably expected land uses in the study area based on land use regulations of affected municipalities (e) Proof of financial responsibility, such as liability insurance, for potential damages to the environment. (f) Sufficient reliability, expertise, integrity, and competency to ensure compliance with the terms and conditions of the permit. IV. The department shall not approve a new withdrawal for agriculture of 57,600 gallons or more of groundwater from a withdrawal site in any 24-hour period, except for new withdrawals meeting the criteria for replacement or temporary withdrawals, unless the person seeking approval successfully demonstrates the following: (a) Water related resources will not be adversely affected or, in the case of wells, will be mitigated if adversely affected; and (b) Water use efficiency. V. Preliminary applications for approval of new withdrawals of 57,600 gallons or more per day shall be filed with the department in a form approved by the department. The preliminary application shall contain information in a preliminary report for well siting pursuant to department rules, a conservation plan, and for commercial withdrawals, information required for approval in accordance with paragraph III. Copies of the preliminary application and all subsequent submittals to the department shall be forwarded by certified mail by the applicant to the governing bodies of each municipality and each supplier of municipal water within the anticipated study area. VI. Final applications for approval of a new withdrawal of 57,600 gallons or more per day shall be filed with the department in a form approved by the department. The final application shall contain information in a final report for well siting pursuant to department rules, any revisions to the conservation plan, and for commercial withdrawals, revisions to information required for approval in accordance with paragraph III. Copies of the final application and all subsequent submittals to the department shall be forwarded by certified mail by the applicant to the governing bodies of each municipality and each supplier of municipal water within the anticipated study area. VII. Following the submission of the preliminary application, when the aquifer testing program has been approved but before it has been conducted, and after the applicant has submitted a final report including aquifer testing anaylsis, the department shall hold at least one public hearing on the application in the municipality in which the proposed new withdrawal is to be made upon the request of the governing body of any municipality or supplier of water within the anticipated study area, provided that such a hearing is requested within 30 days of receipt of the application or of notice from the department offering the opportunity for a hearing. VIII. The department shall hold at least one public hearing within 30 days after the request of the governing body of the municipality or the supplier of water made pursuant to paragraph VII. Notice of any hearing shall be made by the applicant and shall be published twice in 2 different weeks, the last publication to be 7 days before the hearing, in one newspaper of general circulation throughout the state and another newspaper of general circulation in the municipality. The notice shall also be posted in 2 public places in the municipality in which the new withdrawal is located, in 2 public places in the municipality or municipalities requesting the public hearing, and in 2 public places in the municipality which is the location of a public water supplier that requests a public hearing. IX. The applicant, the public, and the governing body of each municipality and each supplier of water within the anticipated study area of the new withdrawal may submit comments to the department relative to the proposed new withdrawal within 45 days after the public hearing in the municipality or, if no hearing is requested, within 45 days after the receipt of the application. If the comments relative to the application make recommendations to the department, the department shall specifically consider such recommendations and shall issue written findings with respect to each issue raised that is contrary to the decision of the department. X. Rehearings and appeals from a decision of the department under this section shall be in accordance with RSA 21-O:14. XI. A municipality in which a person is proposing to locate a large commercial groundwater withdrawal may establish a large commercial groundwater withdrawal review committee to make recommendations to the department concerning the approval of the large groundwater withdrawal which shall have membership and duties as follows: (a) The members of the committee shall be as follows: (1) Three members appointed by the governing body of the municipality where the new withdrawal shall be located, providing that one of the 3 members is on the planning board of that municipality. (2) Two members from each of the municipalities in the study area, other than the municipality where the new withdrawal shall be located, who are appointed by their respective governing bodies, provided that one member from each municipality is a planning board member. (3) In the event a member of the municipal planning board is not available to serve on the committee as set forth in subparagraphs (a) and (b), then the governing bodies shall be free to appoint other residents of their municipality. (b) The committee shall be formed within 60 days of receipt of the preliminary application from the applicant by the municipalities in the study area. (c) Upon formation, the committee shall notify the department and provide it with the chairperson's contact information. (d) The department shall provide all information concerning the application for the large commercial groundwater withdrawal to the review committee chairperson and shall be available to meet with the committee within 15 days of receiving a request for a meeting. (e) The committee may require the applicant to pay the reasonable costs of technical reviews performed by experts hired by the committee. (f) The committee may hold one or more public hearings regarding the proposed new withdrawal. Notice of the public hearings shall be made by the committee to the department and the applicant 7 days before the hearing and shall be published as set forth in RSA 485-C:21, VII. (g) The committee shall provide written recommendations to the department within the time frames specified in RSA 485-C:21, VIII. (h) The department shall issue a written report of findings relative to the large commercial groundwater withdrawal review committee's recommendations on the approval of a large ground water withdrawal. The report of findings shall specify which recommendations were taken and provide an explanation of any decisions contrary to the recommendations. 12 Drinking Water Rules; Large Water Withdrawal. RSA 485:3, XIII is repealed and reenacted to read as follows: XIII. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to new groundwater withdrawals of 57,600 gallons or more in any 24-hour period by public water systems. Such rules shall include: (a) Criteria and procedures for requiring public water systems to identify and address impacts of new withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the study area. (b) Requirements relative to water conservation management plans which demonstrate water use efficiency related to the proposed new withdrawals, to be submitted by the public water system seeking approval for a new withdrawal. (c) Requirements and procedures relative to demonstrating requirements for approval in accordance with RSA 485-C:21, II. (d) If hydrogeologic data indicate that any well, water resources or water-related resources will be or are being adversely affected by the new withdrawal, procedures by which the department may deny, revoke or suspend permission for a new withdrawal or reduce the amount of water withdrawn. (e) If hydrogeologic data indicate that any private well is being adversely affected by the new withdrawal, procedures by which the department may allow or require a mitigation program for provision of a substantially similar alternative water supply to the adversely affected well at no initial capital cost to persons whose wells are or will be adversely affected by the new withdrawal. (f) Requirements and procedures for exempting replacement wells and temporary withdrawals such as new withdrawals needed on a periodic short term basis or for groundwater remediation or construction dewatering from RSA 485-C:21, II. 13 Committee Established. I. There is established a committee to study ways to clarify the hierarchy of water uses, to establish procedures to determine the most beneficial uses for a specific water resource, and to establish a process by which new water users would be required to develop the least impacting alternative including consideration of regional water resources and water management issues. II.(a) The members of the committee shall be as follows: (1) Three members of the senate, appointed by the president of the senate. (2) Three members of the house of representatives, appointed by the speaker of the house. (b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee. III. The committee shall study ways to clarify the hierarchy of water uses, to establish procedures to determine the most beneficial use for a specific water resource, and to establish a process by which new water users would be required to develop the least impacting alternative including consideration of regional water resources and water management issues. This study shall include consideration of issues such as potential impacts on New Hampshire's environment, other water users, municipalities, and the state's economy. The committee shall also evaluate whether there is a need for additional regulation to address different uses of water. The committee shall be guided by and develop findings and recommendations that are consistent with and implement the purpose set forth in RSA 485-C:1, III. IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 90 days of the effective date of this section. Four members of the committee shall constitute a quorum. V. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 30, 2003. 14 Applicability. I. The sections of this act that pertain to commercial, agricultural, and community water supply withdrawal regulation shall not apply to withdrawals sited or established before the effective dates of such section. II. New withdrawals for community water supplies shall meet the requirements for approval contained in RSA 485-C:21, II and shall not be subject to the additional requirements for new commercial withdrawals contained in RSA 485-C:21, III. 15 Effective Date. I. Section 12 of this act shall take effect upon its passage. II. The remainder of this act shall take effect 60 days after its passage. 2002-3034h Amendment to SB 412 Proposed by the Committee on Executive Departments and Administration - C Amend the bill by replacing section 2 with the following: 2 Licensed Dietitians; Requirements for Licensure. Amend RSA 326-H:12, I to read as follows: I. Hold a baccalaureate or higher degree from a [regionally accredited] college or university [in the United States and have completed] approved by the board with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, public health nutrition, or food systems management; 2002-3309h Amendment to SB 415 Proposed by the Committee on Children and Family Law - R Amend the title of the bill by replacing it with the following: AN ACT relative to the holding of title in residential real property after divorce. Amend RSA 458:16-a, IV as inserted by section 1 of the bill by replacing it with the following: IV.(a) The court shall review the manner in which title to residential real property is held by the parties and incorporate its findings in the decree of divorce or nullity. (b) The court shall ensure that any agreement between the parties shall be the result of a clear understanding by each party of the legal consequences of the type of title ownership agreed upon. Disposition of the title or titles to residential real property resulting from a decree of divorce or nullity shall be recorded at the registry of deeds in the county where such property is located. AMENDED ANALYSIS This bill requires the court to review the manner in which residential real property is held after a divorce and incorporate its findings into the decree of divorce or nullity. 2002-3324h Amendment to SB 423-FN-A Proposed by the Committee on Finance -R Amend the title of the bill by replacing it with the following: AN ACT relative to fees collected by the department of safety, certificates of title, and disclosure of information for the development, maintenance, and updating of the tax policy modeling system, and making an appropriation to the governor's office of emergency management. Amend the bill by replacing all after section 9 with the following: 10 New Subparagraph; Department of Revenue Administration; Confidentiality; Tax Policy Modeling System. Amend RSA 21J:14, V(d) by inserting after subparagraph (6) the following new subparagraph: (7) The legislative budget assistant and the department of administrative services, provided that disclosure of department records, files, returns, or information to the legislative budget assistant and the department of administrative services shall be only for the purposes of, and to the extent necessary for, the development, maintenance, and updating of databases necessary for the operation of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23. The legislative budget assistant may disclose such information to any consultant under contract with the fiscal committee of the general court pursuant to 1999, 338:23 for the development, maintenance, or updating of the tax policy modeling system. Disclosure of confidential tax information under this exception shall be limited as follows: (A) Federal records shall only be disclosed according to federal law, regulations, and any compacts or agreements between the department and the Internal Revenue Service; (B) Information disclosed pursuant to this subparagraph shall not include records, files, returns, or information disclosed to officers or employees of the department by any other state pursuant to a compact for the exchange of information between the department and any other state unless permitted by such state or compact; and (C) Information disclosed shall not be further disclosed to persons other than officers or employees of the department of administrative services, of the legislative budget assistant, or of the consultant. Officers or employees of the department of administrative services, the legislative budget assistant, or the consultant having in their custody or control any confidential taxpayer information obtained from the department pursuant to this subparagraph shall be subject to the provisions of RSA 21J:14. 11 Confidentiality of Department Records; Violations. Amend RSA 21-J:14, VIII to read as follows: VIII. Violation of this section is a misdemeanor and if the offender is an officer or an employee of the state or an officer or employee of a vendor which has entered into a contractual agreement with the department under RSA 21-J:3, XX, [he] or has entered into a contractual agreement with the state and is authorized by law to receive information made confidential and privileged by this section, such officer or employee or such vendor shall in addition be removed from [his] office or dismissed from [his] employment. 12 Appropriation; Emergency Management. The sum of $675,073, of which $253,163 shall be a charge against the highway fund, for the biennium ending June 30, 2003, is hereby appropriated to the governor's office of emergency management to provide a state match for federal funds received as a result of damages sustained from the severe storm (EM 3166) of March 5-6, 2001. This appropriation shall be in addition to any other sums appropriated to the governor's office of emergency management. Said sum may be a charge against any appropriate fund. The governor is authorized to draw a warrant out of any money in the treasury not otherwise appropriated. 13 Effective Date. I. Sections 1-9 of this act shall take effect July 1, 2002. II. The remainder of this act shall take effect upon its passage. AMENDED ANALYSIS This bill: I. Increases the fee for number plates from $2.50 to $4.00. II. Establishes a fee for salvage vehicle decals. III. Increases certain fees for certificates of title. IV. Makes an appropriation to pay for the hiring of motor vehicle inspectors. V. Increases the additional funding required for the DMV testing building which may be charged to the inventory fund established by RSA 228:25. VI. Permits any dealer to become the owner of a vehicle by satisfying the first lien named in the certificate of title. VII. Adds an exception to the confidentiality of department of revenue administration records for the development, maintenance, and updating of the tax policy modeling system. VIII. Makes an appropriation to the governor's office of emergency management to match federal funds received as a result of the storm of March 5-6, 2001. 2002-3273h Majority Amendment to SB 425-FN-LOCAL Proposed by the Committee on Finance -R Amend the bill by replacing section 3 with the following: 3 School Money; Determination of Per Pupil Adequate Education Grants. RSA 198:40, I is repealed and reenacted to read as follows: I. For the bienniums beginning July 1, 2003, July 1, 2005, and July 1, 2007, the department of education shall calculate the base cost per pupil by multiplying the base cost per pupil calculated in the immediately preceding biennium by an amount equal to one plus 2 times the average annual rate of inflation taken from the 4 calendar years immediately preceding the calendar year in which the calculation in this subparagraph is made. Inflation shall be measured by the most recent available northeast region consumer price index as published by the Bureau of Labor Statistics, United States Department of Labor. Amend the bill by replacing all after section 7 with the following: 8 School Money; State Aid for Educational Adequacy; Definitions. Amend RSA 198:38, VI to read as follows: VI. \"[Average] Base cost per pupil of an elementary school pupil' means the amount as determined in accordance with RSA 198:40. 9 School Money; Determination of Per Pupil Adequate Education Cost. Amend RSA 198:40, III to read as follows: III. For each fiscal year, the statewide cost of an adequate education for all pupils shall be calculated by multiplying the [average] base cost per pupil [cost of an adequate education] by the statewide weighted average daily membership in residence of pupils and then adding 70 percent of total statewide transportation costs. 10 School Money; Determination of Adequate Education Grants. Amend RSA 198:41, I (a) to read as follows: (a) Multiply the [average] base cost per pupil of an elementary pupil by the weighted average daily membership in residence for the municipality; 11 New Paragraph; Adequate Education and Education Financing Commission; Duties Amended. Amend RSA 198:49 by inserting after paragraph IV the following new paragraph: IV-a. In addition to the duties set forth in paragraph IV, and notwithstanding the deadlines established in paragraph V, the commission shall review the formula for determining the base cost per pupil required under RSA 198:40, I, and shall report its findings, including any recommendations for proposed legislation, no later than November 1, 2007. 12 Applicability. The provisions of this act shall apply to adequate education grant calculations made for the fiscal year beginning July 1, 2003. 13 Repeal. RSA 198:38, V, relative to the base expenditure per pupil, is repealed. 14 Effective Date. This act shall take effect July 1, 2002. AMENDED ANALYSIS This bill: I. Makes changes to the base cost formula for calculating adequate education grants and provides that the base cost per pupil shall be adjusted by the northeast consumer price index. II. Amends the calculation of transportation costs by deducting revenues received from other school districts, individuals, organizations, or federal aid. III. Amends the definition of \"attendance\" for purposes of determining average daily membership in attendance and average daily membership in residence. IV. Deletes the home education pupil exclusions from the cooperative school district apportionment of expenses laws. V. Requires that the adequate education and education financing commission shall review the base cost per pupil formula and report its findings no later than November 1, 2007. 2002-3385h Amendment to SB 430 Proposed by the Committee on Municipal and County Government - C Amend the title of the bill by replacing it with the following: AN ACT allowing towns or cities to increase the property tax credit for service-connected total disability, and to adopt an optional date for filing exemptions. Amend the bill by replacing all after the enacting clause with the following: 1 Property Taxes; Tax Credit for Service-Connected Total Disability; Amount Increased. Amend RSA 72:35, IV(a) to read as follows: IV.(a) Upon its adoption by a city or town as provided in RSA 72:35-a, any person who has been honorably discharged or an officer honorably separated from the military service of the United States and who has total and permanent service-connected disability, or who is a double amputee or paraplegic because of service-connected injury, or the surviving spouse of such a person, shall receive a yearly tax credit in the amount of [$1,400] $2,000 of property taxes on the person's residential property. A municipality which had elected under prior law to adopt a $1,400 credit shall be required to comply with the procedure for adoption in RSA 72:35-a if the municipality wants to adopt the $2,000 credit amount. 2 Property Taxes; Tax Credit for Service-Connected Total Disability; Procedure for Adoption; Amount Increased. Amend RSA 72:35-a, I(c) to read as follows: (c) The wording of the question shall be: \"Shall we adopt the provisions of RSA 72:35, IV for an optional tax credit on the taxes due on residential property for a service-connected total disability? The optional disability tax credit is [$1,400] $2,000, rather than $700.\" 3 Property Taxation; Optional Date for Filing Exemption. Amend RSA 72:33-b to read as follows: 72:33-b Optional Date for Filing for [Elderly Exemption] Exemptions. I. Any town or city may opt to change the date for filing for [an elderly exemption] all of the exemptions, deferrals, or tax credits listed under RSA 72:33 from March 1 to the August 1 prior to the setting of the tax rate. Any town or city may adopt the August 1 date for filing in the following manner: (a) In a town, the question shall be placed on the warrant of a special or annual town meeting under the procedures set out in RSA 39, and shall be voted upon by ballot. In a city or charter town, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. The legislative body of a city or charter town may vote to place the question on the official ballot for any regular municipal election, or, in the alternative, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters. (b) The governing body shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing. (c) The wording of the question shall be: \"Shall we adopt the August 1 prior to the setting of the tax rate as the date for filing for [an elderly exemption from] exemptions, deferrals, and tax credits against the property tax?\" II. If a majority of those voting on the question vote \"Yes,\" the August 1 filing date for [the elderly exemption] exemptions, deferrals, or tax credits shall apply within the town or city on the date set by the governing body. III. Within 60 days from the initial adoption of the August 1 filing date for [the elderly exemption] exemptions, deferrals, or tax credits, the governing body of the town or city shall send a prominent written notice of the change of filing date to all residential property taxpayers in the town or city. 4 Effective Date. This act shall take effect July 1, 2002. AMENDED ANALYSIS This bill allows towns and cities to increase the property tax credit for service-connected total disability from $1400 to $2000. This bill also allows towns or cities to adopt an optional filing date for all exemptions, deferrals, or tax credits. Current law allows adopting the optional filing date only for the elderly exemption. 2002-3338h Amendment to SB 437-FN-LOCAL Proposed by the Committee on Resources, Recreation and Development - C Amend the bill by replacing all after the enacting clause with the following: AN ACT relative to the protection of public water supplies during emergency conditions and establishing a committee to study the formation of regional water systems and the eligibility of such systems for state construction grants. Amend the bill by replacing all after the enacting clause with the following: 1 Petition to Protect Water Supplies; Emergency Conditions. Amend RSA 485:23 to read as follows: 485:23 Petition to Protect Water Supplies. I. Whenever any board of water commissioners, local board of health, local health officer or 10 or more citizens of any town or city have reason to believe that a public water or ice supply is being contaminated or is in danger of contamination, and that the local regulations are not sufficient or effective to prevent such pollution, they may petition the department to investigate the case, and to adopt rules under RSA 541-A as the department may deem necessary for the protection of the said supply against any pollution that in its judgment would endanger the public health. Citizens petitioning under this section shall designate a signatory of the petition as the person to whom the department shall send its response. II. Whenever any board of water commissioners, local board of health, or other owner of a public water supply has reason to believe that a public water supply is in danger of being contaminated or is otherwise threatened and that an emergency condition exists such that a petition pursuant to paragraph I to the department and the adoption of rules would not adequately protect the water supply, the board or owner may petition the governor to declare a state of emergency for the public water supply. At the request of the governor, the department shall consult with the owner of the water supply and make a recommendation as to emergency protections that may be necessary. If the governor declares a state of emergency for a public water supply, those additional protections that the governor deems necessary shall be effective immediately and for the duration of the emergency. The declaration of a state of emergency for a public water supply shall not exceed 6 months. The governor may renew the declaration one time for up to 6 additional months upon further request by the original petitioner. At such time as any of the emergency protections are to become permanent, the department shall initiate rulemaking in accordance with RSA 485:24. Any protections in the governor's declaration shall be enforced in the same manner as rules adopted pursuant to RSA 485:24 or RSA 485:25 with violations of the protections subject to RSA 485:4 and RSA 485:58. 2 Investigations; Rules. Amend RSA 485:24, I to read as follows: I. The department shall respond in writing to a petition filed under RSA [485:23] 485:23, I, after due investigation, but not later than 30 days after receipt of the petition, informing the petitioners of the department's intended action. In response to a petition, or upon its own motion, the department shall adopt such rules under RSA 541-A as it may deem best to protect the water or ice supply against any dangerous contamination. If requested by the department, the local board of water commissioners, the local board of health, or the local health officer, shall enforce such rules in cooperation with the department. 3 Power to Require Improvements; Citizen Complaint Procedure. Amend RSA 485:4 to read as follows: 485:4 Power to Require Improvements. I. The department is empowered to investigate the sanitary conditions and methods pertaining to the source, treatment, and distribution of all public water supplies for domestic use, and to require the application of any treatment or improvement in conditions and methods as it may deem necessary to insure fitness and safety and adequate protection of the public health. If the department determines that improvements are necessary, the municipality, corporation, or person shall be so notified in writing and the requirements so ordered shall be effected pursuant to RSA 38:25 within a reasonable time to be fixed by the department. Appeals of actions of the department may be made as provided in RSA 485:59. The department may set intermediate goals and time frames to assist municipalities, corporations, or persons to abide by an order of the department under this [section] paragraph. II. Upon complaint of not less than 10 customers of an existing public water system or not less than 10 residents not currently served by a public water supply, the department shall make an investigation of conditions regarding water quality or quantity problems described in the complaint. If, as a result of any such investigation, the department concludes that a significant public health or safety problem exists due to water supply quality or quantity, it shall perform a preliminary analysis of alternatives which address the problem. The department may request additional information from the complainants and nearby public water supply system owners, such as data on water supply quality and quantity, well characteristics, and water distribution system characteristics, as is necessary to perform its investigation and analysis. If the department determines that an extension of water service from an existing public water supply system to the area of impaired water quality or quantity is the most feasible and cost effective alternative, that the extension is consistent with municipal master planning, local water system policies and rules, RSA 9-B, and RSA 162-C:2, V, and that the existing public water system has adequate water supply and system capacity to serve the problem area, the municipality, corporation, or person who owns the public water system shall be ordered to allow connection to its water distribution system from the identified area, regardless of existing municipal or public water system service area boundaries. The connection so ordered shall be effected pursuant to RSA 38:25 within a reasonable time to be fixed by the department and may contain limitations on water system connections unrelated to the original petition in order to limit unintended land use impacts. Appeals of actions of the department may be made as provided in RSA 485:59. The department may set intermediate goals and time frames to assist municipalities, corporations, or persons to abide by an order of the department under this paragraph. The provisions of this paragraph or of any order issued under this paragraph shall not delegate any costs associated with a connection to the person receiving the order from the department. 4 Public Utilities; Municipal Corporations; Sewage Disposal. Amend RSA 362:4, III to read as follows: III. A municipal corporation furnishing [water or] sewage disposal services shall not be considered a public utility under this title: (a) If [serving] it serves customers outside its municipal boundaries, charging such customers a rate no higher than that charged to its customers within the municipality, and [serving] serves those customers a [quantity and quality of water or a] level of sewage disposal service equal to that served to customers within the municipality. Nothing in this section shall exempt a municipal corporation from the franchise application requirements of RSA 374. (b) If [supplying bulk water or] it supplies bulk [sewer] sewage disposal services pursuant to a wholesale rate or contract to another municipality, village district, or water precinct. [This subparagraph shall not apply to bulk water contracts which were in effect before July 23, 1989, or renewal of said bulk water contracts.] 5 New Paragraph; Public Utilities; Municipal Corporations; Water Supply. Amend RSA 362:4 by inserting after paragraph III the following new paragraph: III-a.(a) A municipal corporation furnishing water services shall not be considered a public utility under this title: (1) If it serves new customers outside its municipal boundaries, charging such customers a rate no higher than 15 percent above that charged to its municipal customers, including current per-household debt service costs for water system improvements, within the municipality, and serves those customers a quantity and quality of water or a level of water service equal to that served to customers within the municipality. Nothing in this paragraph shall exempt a municipal corporation from the franchise application requirements of RSA 374. (2) If it supplies bulk water pursuant to a wholesale rate or contract to another municipality, village district, or water precinct. This subparagraph shall not apply to bulk water contracts which were in effect before July 23, 1989, or to the renewal of said bulk water contracts. (b) The commission may exempt a municipal corporation from any and all provisions of this title except the franchise application requirements of RSA 374, and may authorize a municipal corporation to charge new and existing customers outside its municipal boundaries a rate higher than 15 percent above that charged to its municipal customers, if after notice and hearing, the commission finds such exemption and authorization to be consistent with the public good. (c) A municipal corporation's authority to charge higher rates for new customers outside of its municipal boundaries shall be applied prospectively to new customers taking water service provided by means of a main extension or an expansion of the municipal corporation's system after the effective date of this paragraph. (d) A municipal corporation serving customers outside of its municipal boundaries and charging a rate no higher than 15 percent above that charged to its municipal customers prior to July 1, 2002, may also be exempted from regulation as a public utility, except for the franchise application requirements of RSA 374, if after notice and hearing, the commission finds such exemption and authorization to be consistent with the public good. 6 New Section; Regional Technical Planning and new Source Development; Included in Rates. Amend RSA 378:30 by inserting after section 378:30-c the following new section: 378:30-d Regional Technical Planning and New Source Development; Included in Rates. Notwithstanding the provisions of RSA 378:30-a, the commission may include the cost or value of capital improvements or programs in the rates of a utility when the capital improvement or program is directly related to technical planning of regional water supply development or is directly related to development of new water supply sources. 7 Committee Established. There is established a committee to study the formation of regional water systems and the eligibility of such systems for state construction grant money under RSA 486-A. 8 Membership and Compensation. I. The members of the committee shall be as follows: (a) Three members of the house of representatives, appointed by the speaker of the house. (b) Three members of the senate, appointed by the president of the senate. II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee. 9 Duties. The committee shall study the formation of regional water systems and the eligibility of such systems for state construction grant money under RSA 486-A. 10 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. 11 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2002. 12 Effective Date. This act shall take effect upon its passage. AMENDED ANALYSIS This bill: I. Allows the governor, upon petition of a board of water commissioners or water supply owner, to declare a state of emergency for public water supplies. During the state of emergency, the governor may order emergency protections for the water supply. The emergency protections may become permanent. II. Creates a mechanism for the department to consider citizen complaints concerning public water systems. III. Allows municipal water systems to charge rate premiums for customers outside of its municipal boundaries. IV. Allows the public utilities commission to include certain costs related to the development of regional water supplies and new water supply sources in the rates of a utility. V. Establishes a committee to study the formation of regional water systems and the eligibility of such systems for state construction aid. 2002-3119h Amendment to SB 439 Proposed by the Committee on Executive Departments and Administration - C Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 4: 3 Repeal. RSA 21-I:69, III, relative to the role of the director of information technology management as chairman of the information technology management advisory board, is repealed. AMENDED ANALYSIS This bill: I. Makes the representatives of municipal and county government voting members of the information technology management advisory board. II. Expands the membership of the information technology management advisory board to include legislative members, the chancellor of the university system, and the governor or the governor's designee. III. Repeals the statutory requirement that the director of information technology management serve as the chairman of the information technology management advisory board. 2002-3322h Amendment to SB 441-FN-A Proposed by the Committee on Executive Departments and Administration - C Amend the title of the bill by replacing it with the following: AN ACT establishing the position of hazardous materials response coordinator and making an appropriation therefor, establishing a committee to study the interoperability of state agency communications, authorizing the position of deputy director of state police, and repealing the division of enforcement in the department of safety. Amend subparagraph I(b) as inserted by section 5 of the bill by replacing it with the following: (b) Three members of the house of representatives, appointed by the speaker of the house of representatives. Amend the bill by replacing all after section 8 with the following: 9 New Paragraph; Division of State Police; Duty Added. Amend RSA 21-P:7 by inserting after paragraph II the following new paragraph: III. The division of state police shall be responsible for bingo and lucky 7 enforcement and any other duties performed by bingo and lucky 7 inspectors. 10 New Section; Deputy Director of State Police. Amend RSA 21-P by inserting after section 7 the following new section: 21-P:7-a Deputy Director of State Police. I. The commissioner of safety is authorized to establish, subject to the approval of the fiscal committee, the unclassified position of deputy director of state police. Upon approval by the fiscal committee, the commissioner shall nominate a deputy director of state police for appointment by the governor, with the consent of the council. The deputy director of state police shall be an unclassified officer and shall serve at the pleasure of the governor and council. The deputy director of state police shall be qualified to hold that position by reason of education and experience. II. The deputy director of state police shall perform such duties as are assigned by the director of state police. The deputy director of state police shall assume the duties of the director of state police in the event that the director of state police is unable for any reason to perform such duties. 11 New Paragraph; Division of Motor Vehicles; Duty Added. Amend RSA 21-P:8 by inserting after paragraph III the following new paragraph: IV. Hazardous materials transportation and truck weight enforcement. 12 Deputy Director of State Police; Salary of Position. The unclassified position of deputy director of state police authorized in RSA 21-P:7-a as inserted by section 10 of this act, shall be submitted to the commissioner of administrative services for evaluation by the consulting group on compensation of state officers, contracted pursuant to RSA 21-I:13, XIII, for determination of the salary for the position of deputy director of state police, subject to the approval of the fiscal committee. 13 Reference Removed; Division of Enforcement. Amend RSA 21-P:5, II to read as follows: II. The assistant commissioner shall perform such duties as are assigned by the commissioner. The assistant commissioner shall assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties. The assistant commissioner shall be responsible for the operations of the division of hearings[,] and the bureau of fire safety[, and the division of enforcement]. 14 Repeal. The following are repealed: I. RSA 21-P:11, relative to the division of enforcement. II. RSA 106-B:16, relative to reports by the director of state police. 15 Effective Date. I. Sections 4-8 of this act shall take effect upon its passage. II. Sections 9-14 of this act shall take effect July 1, 2002. III. The remainder of this act shall take effect 60 days after its passage. AMENDED ANALYSIS This bill establishes the position of hazardous materials response coordinator within the department of safety, division of fire safety and establishes a committee to study the interoperability of state agency communications. This bill establishes the authority for the unclassified position of deputy director of state police in the department of safety, and repeals the authority for the division of enforcement. The bill also removes a reporting requirement of the director of state police. 2002-3135h Amendment to SB 442-FN Proposed by the Committee on State-Federal Relations and Veterans Affairs - C Amend the title of the bill by replacing it with the following: AN ACT establishing a committee to study revising the statutes relative to the state militia and the state guard, making certain technical changes to the militia statutes, and creating 2 funds. Amend the bill by replacing all after the enacting clause with the following: 1 Committee Established. There is established a committee to study revising the statutes relative to the state militia and the state guard. 2 Membership and Compensation. I. The members of the committee shall be as follows: (a) Three members of the senate, appointed by the president of the senate. (b) Three members of the state-federal relations and veterans affairs committee of the house of representatives, appointed by the speaker of the house. II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee. 3 Duties. The committee shall study issues involved in revising the statutes relative to the state militia and the state guard, which are currently RSA 110-B and RSA 111. 4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum. 5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2002. 6 Rulemaking and Regulations. Amend RSA 110-B:8-a to read as follows: 110-B:8-a Rulemaking. [I]. All [special] military and departmental regulations adopted under this chapter shall be exempt from the requirements of RSA 541-A, [except as indicated in paragraph II]. [II. The adjutant general, with the approval of the governor and council, shall adopt rules under RSA 541-A relative to: (a) The use of armories for each of the groups identified in RSA 110-B:29-31; (b) Rental fees for the use of armories in accordance with RSA 110-B:32; and (c) The issuance of obsolete military property under RSA 110-B:33.] 7 National Guard Facilities; Use of Force. RSA 110-B:28 is repealed and reenacted to read as follows: 110-B:28 National Guard Facilities. I. All armories, arsenals, camps, ranges, bases, airports, and other facilities owned, leased, licensed, or maintained by the state or by the United States for the use of the New Hampshire national guard and all activities conducted therein shall be under the general charge, control of, and regulated by the adjutant general and no political subdivision of the state shall interfere with or regulate such activities. The adjutant general may use the means necessary and required, including the arming of trained personnel, to protect, guard, secure and defend and maintain all such facilities. Use of force by any member of the New Hampshire national guard in duty status, shall be in accordance with the applicable Department of Defense, United States Army, and United States Air Force directives and instructions on rules of engagement and use of force. If mission specific rules of engagement are issued, the specific rules shall be followed, to the degree they deviate from the existing rules, for as long as military members are carrying out duties related to the mission for which the specific rules were issued. II. Unless the same shall be furnished by the United States, the state shall provide adequate armory accommodations, bases, camps, target ranges, and other facilities and shall maintain the same for units of the army national guard and of the air national guard allotted to the state under the laws of the United States, accepted by the governor and organized under the authority of this chapter. III. The adjutant general may designate an officer to be in direct charge of each armory, arsenal, camp, base, or other facility. IV. The adjutant general may cooperate with and enter into agreements with the federal government, or any agency thereof, as he or she deems desirable to secure the participation of the United States government, through the allotment of federal funds, in the costs of constructing, enlarging, or altering armories or other military facilities. V. Any military facilities which are the responsibility of the state shall be accepted by the adjutant general, after the approval of the governor and council in accordance with the provisions of RSA 4:29. VI. For purposes of morale and unit cohesiveness and to assist in esprit de corps, units may have a social club composed of members located within national guard facilities. Any such club shall be subject to regulations issued by the adjutant general, shall be under the control of the assistant adjutant general for the air or army national guard, and shall be licensed and subject to inspection by the New Hampshire state liquor commission. 8 Use of Armories or Other National Guard Facilities. RSA 110-b:29 is repealed and reenacted to read as follows: 110-B:29 Use of Armories or Other National Guard Facilities. I. All New Hampshire national guard facilities shall be primarily for the military duty, instruction, and training of the national and state guard and for the storage and maintenance of military property. Other use of national guard facilities may be authorized by the adjutant general and shall be governed by rules and regulations promulgated under this section. II. Rental fees for the use of national guard facilities shall be fixed by the adjutant general and shall be declared as revenue and paid to the adjutant general subject to the provisions of RSA 110-B:61. 9 New Section; New Hampshire National Guard Training Center Funds. Amend RSA 110-B by inserting after section 32 the following new section: 110-B:32-a New Hampshire National Guard Training Center Funds. I. For the purpose of supporting morale and maintaining training abilities, 2 funds are created. Both funds shall be nonlapsing interest bearing funds. II. One fund shall be known as the chargeable transient quarters (QTC) and billeting fund. Revenue for this fund shall be nonappropriated funds obtained from the proceeds of room service charges at the army national guard state training center. These funds shall be used for non-appropriated fund services at the state training center. Funds will be released for their stated purpose at the discretion of the adjutant general. III. The second fund shall be known as the army national guard state training center program management fund, into which operating costs billed to and collected from non-army national guard users shall be deposited. This fund shall be used to supplement federal funds provided to manage and operate the army national guard state training center. Funds may be released for their stated purpose at the discretion of the adjutant general. 10 Administration of Oaths and Notarial Acts. RSA 110-B:64 is repealed and reenacted to read as follows: 110-B:64 Administration of Oaths and Notarial Acts. I. All commissioned and warrant officers of the New Hampshire national guard and state guard as well as other personnel authorized to administer oaths under the laws of this state shall have the power to administer oaths for the purpose of the administration of military justice and for other purposes of military administration. All commissioned and warrant officers of the armed forces of the United States, in addition to those named above may administer enlistment oaths to those enlisting or re-enlisting in the New Hampshire national guard. II. All judge advocates and paralegals serving in the militia shall, by virtue of their office and service, have the general powers of a notary public as described in RSA 455 in the performance of all notarial acts to be executed by any member of the militia or United States armed forces and other persons eligible for legal assistance services by law or regulation. No fee may be paid to or received by any person for the performance of a notarial act authorized in this section. The signature of any such person acting as a notary, together with the title of that person's office, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act. Any notarizations or acknowledgments accomplished under the authority of this chapter shall generally follow the form below but are not required to be under official seal: I, (name of notary public), certify that the foregoing instrument was subscribed and (sworn)(affirmed) before me this (day of the month) day of (month), (year) by (name of person making statement), (Armed Forces service number/SSN), and who is known to me to be (a member of the New Hampshire national guard) (the spouse of a national guard member). 11 Trespassers and Disturbers; Camp Regulations. RSA 110-B-68 is repealed and reenacted to read as follows: 110-B:68 Trespassers and Disturbers; Camp Regulations. I. The commanding officer of any armory, arsenal, camp, range, base or other facility of the New Hampshire national guard, or other place where military duties are being performed shall have the authority to arrest and hold under arrest during the continuance of the performance of such military duty any one who trespasses, or in any way interrupts or interferes with the performance of the duties of members of the national guard or the armed forces of the United States. This arrest authority shall extend to anyone who prevents or attempts to prevent the passage of troops of the New Hampshire national guard or of the armed forces of the United States in the performance of their military duties. II. The adjutant general or commanding officer of any armory, arsenal, camp, range, base or other facility of the New Hampshire national guard, or any place where any unit is performing military duty, has the authority to limit access and activities in that place. This includes the authority to take action necessary to protect, guard, secure, and defend the armory, arsenal, camp, range, base, or other facility in accordance with RSA 110-B:28. 12 Repeal. The following are repealed: I. RSA 110-B:29, relative to use of armories by military units. II. RSA 110-B:30, relative to use of armories by veterans. III. RSA 110-B:31, relative to use of armories for public meetings. IV. RSA 110-B:32, relative to rent for use of armory. 13 Effective Date. This act shall take effect upon its passage. AMENDED ANALYSIS This bill establishes a committee to study revising the statutes relative to the state militia and the state guard. The bill also makes certain technical corrections to the state militia laws to conform to federal law and current practice. The bill establishes 2 national guard training center funds. 2002-3365h Amendment to SB 443-FN Proposed by the Committee on Commerce - C Amend RSA 356-B:34-a, VIII as inserted by section 2 of the bill by replacing it with the following: VIII. This section shall apply to all condominiums within the state declared after the effective date of this section. 2002-3258h Amendment to SB 445-FN Proposed by the Committee on Children and Family Law - C Amend the bill by replacing all after the enacting clause with the following: 1 New Paragraph; Delinquent Children; Limited Right to a Jury Trial. Amend RSA 169-B:19 by inserting after paragraph III-a the following new paragraph: III-b.(a) A minor who meets the criteria for commitment to an adult correctional facility pursuant to RSA 169-B:4, RSA 169B:19, III, or RSA 169-B:19, III-a, and whose disposition includes an order of conditional release extending beyond the juvenile's age of majority, or suspended, deferred, or imposed incarceration at an adult correctional facility shall not be committed without first being afforded the right to a jury trial or waiving the right to a jury trial. (b) Any minor sentenced after a contested adjudicatory hearing to an order of conditional release extending beyond the juvenile's age of majority or suspended, deferred, or imposed incarceration at an adult correctional facility may, after the disposition is issued, request a de novo trial before a jury. To obtain a de novo jury trial under this chapter, the juvenile shall file a written request in the clerk's office within 3 days of the dispositional order. A copy of the written request shall also be provided to the local prosecutor and the county attorney. The request shall be given priority on the court's calendar. Whenever possible, any such hearing shall be held in a district court building equipped with jury capability. It shall be conducted by a district court judge specially assigned by the administrative judge of the district court. The jury panel shall be chosen from the jury pool of the superior court serving the county in which the court is located. (c) The court in which the petition originated shall retain jurisdiction over all matters and orders pertaining to the placement, supervision and treatment of the juvenile during the pendency of the pre-trial and trial proceedings. The request for jury trial shall not suspend any provisions of the original court's order regarding placement, supervision, evaluation, or treatment. All other orders shall be vacated pending the de novo jury trial. The judge assigned to conduct the jury trial shall have authority to preside over the jury trial, decide trial management issues, and rule on all pre-trial and post-trial adjudicatory findings. In the event the juvenile waives the right to jury trial after the case has been specially assigned, the case shall be returned to the court in which the petition originated for continued action pursuant to this chapter. (d) In the event the jury returns a finding of not true on all charges, the dispositional order in its entirety shall be vacated. In the event the jury returns a finding of true on one or more of the charges, the trial judge shall review and may reinstate or modify only those portions of the dispositional order made by the originating court suspended under this section during the pendency of the de novo process. In all other respects, the original dispositional order shall remain in effect. (e) The provisions of RSA 169-B:34 through 169-B:38, relating to confidentiality of proceedings and records, shall apply to all de novo trials conducted pursuant to this section. 2 Effective Date. This act shall take effect January 1, 2003. AMENDED ANALYSIS This bill provides that a minor adjudged delinquent whose disposition includes an order of conditional release extending beyond the juvenile's age of majority, or suspended, deferred, or imposed incarceration at an adult correctional facility shall have the right to a jury trial. 2002-3328h Amendment to SB 451 Proposed by the Committee on Resources, Recreation and Development - C Amend RSA 483-B:9, V(a)(2) as inserted by section 9 of the bill by replacing it with the following: (2) Within the natural woodland buffer of the protected shoreland under conditions defined in RSA 483-B:9, V, all of the following prohibitions and limitations shall apply: (A) Not more than a maximum of 50 percent of the basal area of trees, and a maximum of 50 percent of the total number of saplings shall be removed for any purpose in a 20-year period. A healthy, well-distributed stand of trees, saplings, shrubs, ground cover, and their living, undamaged root systems shall be left in place. (B) Any person applying to the department for a septic system construction approval or alteration of terrain permit pursuant to RSA 485-A, or an excavating and dredging permit pursuant to RSA 482-A, within the protected shoreland shall include photographic documentation of the natural woodland buffer. (C) Structures, as defined in RSA 483-B:4, XXII, within the natural woodland buffer shall be afforded an opening for building construction that shall be excluded when computing the percentage limitations under subparagraph (a)(2)(A). (D) Dead, diseased, unsafe, or fallen trees, saplings, shrubs, or ground cover may be removed. Their removal shall not be used in computing the percentage limitations under subparagraph (a)(2)(A). (E) Stumps and their root systems, which are located within 50 feet of the reference line, shall be left intact in the ground, unless removal is specifically approved by the department under RSA 482-A. (F) Preservation of dead and living trees that provide dens and nesting places for wildlife is encouraged. (G) Planting efforts that are beneficial to wildlife are encouraged. Amend the bill by replacing section 11 with the following: 11 New Paragraphs; Rulemaking; Woodland Buffer, Terrain Alterations, and Definitions Added. Amend RSA 483-B:17 by inserting after paragraph VI the following new paragraphs: VII. Criteria governing maintaining a healthy, well-distributed stand of trees, saplings, shrubs and ground covers. VIII. A methodology for identifying unsafe trees. I. Defining the opening for building construction. II. Definitions of terms not defined in this chapter. 2002-3394h Majority Amendment to SB 452 Proposed by the Committee on Resources, Recreation and Development - R Amend the bill by replacing all after the enacting clause with the following: 1 New Paragraph; Definition; \"Repeat Violation\". Amend RSA 483-B:4 by inserting after paragraph XVIII the following new paragraph: XVIII-a. \"Repeat violation\" means a violation that occurs within 3 years of notification by the department of a prior violation as defined in RSA 483-B:18, I, whether on the same site or by the same person or entity on a second site. Each day of continuing violation after notification of that violation shall be considered a repeat violation. 2 Comprehensive Shoreland Protection Act; Penalties. Amend RSA 483-B:18, III (c) to read as follows: (c) The commissioner, after notice and hearing pursuant to RSA 541-A, [may] shall impose an administrative fine of up to $5,000 for each offense upon any person who violates this chapter. Rehearings and appeals relating to such fines shall be governed by RSA 541. Imposition of an administrative fine under this section shall not preclude the imposition of further civil or criminal penalties under this chapter. (d) Notwithstanding the $5000 fine limit in subparagraph (c), the administrative fine for each repeat violation of this chapter may be multiplied by a factor of 2 for every previous violation committed by the person or entity. 3 Effective Date. This act shall take effect January 1, 2003. 2002-3425h Amendment to SB 455-FN-A Proposed by the Committee on Finance - R Amend the title of the bill by replacing it with the following: AN ACT relative to funding for district and probate court security, requiring an increase in court entry fees, and making an appropriation therefor. Amend the bill by replacing all after the enacting clause with the following: 1 Appropriation; Judicial Branch. The sum of $600,000 is hereby appropriated to 2001, 130:1.02, 01, 06 class 90 for the fiscal year ending June 30, 2003, for the purpose of district and probate court security. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. 2 Increase of Entry Fees. On July 1, 2002, the courts shall increase each entry fee by $10. 3 Increase of Entry Fees. On July 1, 2002, the courts shall increase each entry fee collected by the probate courts by $5 and each entry fee collected by other courts by $10. 4 Contingency. If SB 64-FN-A of the 2002 legislative session becomes law, section 3 of this act shall take effect July 1, 2002 and section 2 of this act shall not take effect. If SB 64-FN-A does not become law, section 2 of this act shall take effect July 1, 2002 and section 3 of this act shall not take effect. 5 Effective Date. I. Sections 2 and 3 of this act shall take effect as provided in section 4 of this act. II. The remainder of this act shall take effect July 1, 2002. AMENDED ANALYSIS This bill makes an appropriation to the judicial branch for district and probate court security and provides for an increase in court entry fees."}], "source": "House Calendar 31, 2002", "date": "2002-04-12", "dated": "printed", "cite": "HC 31", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2002%5CNo%2031%20April%2012%202002.pdf"}], "docket_reports": [{"date": "2002-02-12", "dated": "recorded", "body": "S", "committee": "Executive Departments and Administration", "side": "", "recommendation": "OUGHT TO PASS WITH AMENDMENT", "vote_yeas": null, "vote_nays": null, "amendment": "2516", "new_title": false, "cite": "SC 11A", "cite_url": ""}, {"date": "2002-04-10", "dated": "recorded", "body": "H", "committee": "Ways and Means", "side": "Majority", "recommendation": "OUGHT TO PASS", "vote_yeas": 14, "vote_nays": 2, "amendment": "", "new_title": false, "cite": "", "cite_url": ""}], "report_actions": [], "veto_message": null, "bill_note": null, "subject": "Energy and Utilities", "subject_source": "granite record", "house_committee": "Science, Technology and Energy", "senate_committee": "Executive Departments and Administration", "lsr": "2002-3109", "docket_url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=3109&sy=2002&txtsessionyear=2002&txtbillnumber=sb366&sortoption=billnumber", "documents": [{"label": "Bill status page", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/Bill_status.aspx?lsr=3109&sy=2002&txtsessionyear=2002&txtbillnumber=sb366&sortoption=billnumber", "kind": "status"}, {"label": "Docket", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=3109&sy=2002&txtsessionyear=2002&txtbillnumber=sb366&sortoption=billnumber", "kind": "docket"}, {"label": "HC 29", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2002%5CNo%2029%20March%2029%202002.pdf", "kind": "record"}, {"label": "House Calendar 31, 2002, committee report", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2002%5CNo%2031%20April%2012%202002.pdf", "kind": "report"}], "amendments": [], "billtext": {"version": "Final version", "title": "", "analysis": "This bill:\n\nI. Requires that the public utilities commission file its biennial reports with the speaker of the house of representatives and the president of the senate.\n\nII. Permits the public utilities commissioners to designate a staff engineer for membership on the site evaluation committee.\n\nIII. Repeals the prospective repeal of the electricity consumption tax.", "body": "2/14/02 2516s\n\n4apr02...3104h\n\n2may02..3704cofc\n\nBe it Enacted by the Senate and House of Representatives in General Court convened:\n\n247:1 Reports of Public Utilities Commission; Biennial; Recipients. Amend RSA 363:24 to read as follows:\n\n363:24 Biennial. The commission shall publish and file with the governor and council, the president of the senate, the speaker of the house of representatives, and the appropriate standing committees of the senate and the house of representatives a report not later than December 1 of each odd numbered year. Such report shall contain such account of its proceedings for the 2 years last preceding, and such suggestions and recommendations as to needed legislation or as to other matters affecting public utilities as the commission may desire to submit.\n\n247:2 Energy Facility Evaluation, Siting, Construction, and Operation; Site Evaluation Committee; Membership. Amend RSA 162-H:3 to read as follows:\n\n162-H:3 Site Evaluation Committee. The site evaluation committee shall consist of the commissioner of the department of environmental services or assistant commissioner as designee, the director of the division of water, the commissioner of the department of resources and economic development or the director of the division of economic development as designee, the commissioner of the department of health and human services or one of the 2 most senior administrators within the department responsible for management of public health services as designee, the executive director of the fish and game department, the director of the office of state planning, the director of the division of parks and recreation, the director of the division of forests and lands, the director of the division of air resources, the director of the governor's office of energy and community services or deputy director as designee, the commissioner of the department of transportation or assistant commissioner as designee, [ and] the commissioners [ and chief engineer] of the public utilities commission, and a staff engineer designated by the commissioners of the public utilities commission. The commissioner of the department of environmental services shall be chairperson of the committee, and the chairperson of the public utilities commission shall be vice-chairperson.\n\n247:3 Repeal. 1997, 347:5, II, repealing the electricity consumption tax, is repealed.\n\n247:4 Effective Date.\n\nI. Section 3 of this act shall take effect June 29, 2002.\n\nII. The remainder of this act shall take effect 60 days after its passage.\n\n(Approved: May 17, 2002)\n\n(Effective Date: I. Section 3 of this act shall take effect June 29, 2002.\n\nII. 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