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NEW  HAMPSHIRE  GENERAL  COURT 


JOURNAL 

of  the 

HOUSE  OF  REPRESENTATIVES 

1981-82  Special  Session 
November  17,  1981 

through 
September  16,  1982 


John  B.  Tucker 

SPEAKER 


James  A.  Chandler 

CLERK 


Printed  by  the 

EVANS  PRINTING  COMPANY 

Concord,  NH 

Bound  by  the 

NEW  HAMPSHIRE  BINDERY 

Concord,  NH 


HOUSE 
JOURNAL  1 

Tuesday,  17Nov81 


In  pursuance  of  the  following 
proclamation,  the  House  of  Representatives 
having  assembled  in  the  capitol  in  the  City 
of  Concord,  in  said  State,  on  Tuesday, 
November  17,  1981,  being  the  day  designated 
in  the  foregoing  proclamation  by  His 
Excellency,  the  Governor,  they  were  called 
to  order  by  the  Speaker  at  ten  o'clock  a.m. 

CALL  OF  THE  SESSION 

WHEREAS,  the  House  of  Representatives 
adjourned  from  the  1981  regular  session  sine 
die  on  September  28,  1981,  and 

WHEREAS,  Section  39,  Chapter  558  Session 
Laws  of  1981  contemplated  that  the  federal 
government  would  make  certain  block  grants 
of  funds  available  to  the  state  and  requires 
the  General  Court  to  specifically 
appropriate  such  funds  before  the  Governor 
and  Council  or  any  State  entity  can  expend 
said  funds,  and 

WHEREAS,  the  federal  government  has  made 
block  grant  funds  available  and  requires  the 
state  to  notify  it  in  a  timely  manner  if  it 
decides  to  accept  block  grant  funds,  and 

WHEREAS,  the  legislature  has  not  taken 
affirmative  action  on  five  of  the  seven 
block  grants,  and 

WHEREAS,  the  United  States  District 
Court  for  the  District  of  New  Hampshire  has 
issued  an  order  in  the  matter  of  Garrity  v. 
Gallen  compliance  with  which  will  require 
the  appropriation  and  expenditure  of  funds 
in  addition  to  those  provided  for  in  Chapter 
568  Session  Laws  of  1981,  and 

WHEREAS,  federal  law  requires  that 
districts  for  elective  office  be 
reapportioned  every  10  years  to  insure  equal 
representation  within  districts  and  the 
legislature  has  not  taken  final  action  to 
reapportion  said  districts,  and 

WHEREAS,  the  impact  of  certain  laws 
enacted  during  the  I981  regular  session  was 
not  fully  foreseen,  requiring  the  enactment 
of  corrective  legislation,  and 

WHEREAS,  three  state  agencies  will 
terminate  on  March  31,  1982,  under  the 
provisions  of  RSA  17-H,  absent  action  by  the 
legislature,  and 

WHEREAS,  changes  in  federal  tax  laws, 
interpretations  of  various  provisions  of  the 
operating  budget,  and  inadequate  funding 
levels  of  some  departments,  have  created  the 
possibility  of  an  imbalance  between 
available  revenue  and  authorized  or  required 
spending,  and 

WHEREAS,  necessary  budget  reductions  and 
adjustments  can  be  accomplished  only  through 
legislative  action,  and 


WHEREAS,  prompt  legislative  action  is 
required  to  provide  for  adequate  cash  flow 
into  the  State  Treasury, 

NOW,  THEREFORE,  because  we  deem  that  the 
welfare  of  the  State  so  requires,  by  the 
powers  vested  in  the  Governor  and  Council  by 
Article  50  Part  Two  of  the  Constitution  of 
New  Hampshire  we  hereby  call  the  General 
Court  into  Session  on  Tuesday,  November  17, 
1981  at  ten  o'clock  in  the  forenoon  for  the 
purpose  of  taking  action  on  the  matters 
enumerated  above,  and 

We  Further  Resolve  that  the  Secretary  of 
State  be,  and  he  hereby  is,  authorized  and 
directed  to  communicate  this  resolution  to 
the  President  and  the  Speaiker,  and  to  each 
member  of  the  General  Court  as  soon  as  it  is 
possible  to  do  so. 

The  Clerk  read  the  Call  of  the  Special 
Session. 

Prayer  was  offered  by  the  House 
Chaplain,  Rev.  William  L.  Quirk. 

Let  us  Pray: 

Our  Father  in  heaven,  we  thank  You  for 
Your  care  and  for  the  many  good  things 
received  through  Your  fatherly  concern  for 
all  of  us. 

Help  us  to  show  our  gratitude  by  having 
patience  and  understanding  with  one  another, 
the  generosity  to  share  our  joys  and 
sorrows,  the  honesty  to  admit  our  faults  and 
the  strength  to  correct  them. 

We  entrust  this  day  and. the  days  ahead 
to  Your  protection  and  ask  that  we  grow  in 
Your  wisdom  and  grace  so  that  we  may  act 
with  justice  and  charity.  Amen. 

Rep.  Armstrong  led  the  Pledge  of 
Allegiance. 

INTRODUCTION  OF  GUEST 

Honorable  Elie  Fallu,  Assistant  Minister 
of  Municipal  Affairs,  Provincial  Legislature 
of  Quebec. 

LEAVES  OF  ABSENCE 

Reps.  Drewniak,  William  Dion,  James 
Sullivan,  Downing,  Welch,  Boisvert,  Joos  and 
Ernst,  the  day,  illness. 

Reps.  Brown,  Gerald  Smith,  Thomas  Hynes, 
Newell,  Wiggin,  Willey,  Ardinger,  Walker, 
Osborn,  Romoli,  Schwaner  and  Roger  Smith, 
the  day,  important  business. 

Rep.  Vlack,  the  day,  death  in  the  family. 

CALL  OF  THE  ROLL 
BELKNAP  COUNTY 

Dist.  No.  1  Marshall  French,  r,  Earle  D. 

Hardy,  r,  George  S.  Lamprey,  r&d; 
Dist.  No.  2  Clifford  W.  Birch,  r,  Ralph  W. 

Pearson,  r,  Marion  C.  Rich,  r; 
Dist.  No.  3  Barbara  B.  Bowler,  r&d,  Kenneth 

Randall,  r&d,  Steven  W.  Rollins,  r, 

Jane  F.  Sanders,  r; 
Dist.  No.  5  Robert  G.  Holbrook,  r,  David  T. 

Whittemore,  r&d,  Barbara  Zeckhausen, 

r&d; 


HOUSE  JOURNAL 17NOV81 


Margaret  A. 


Dist.  No.  6  Dennis  R.  Bolduc,  d,  Gary  S. 
Dionne,  d,  Peter  C.  Hildreth,  d&r; 

CARROLL  COUNTY 

Dist.  No.  1  Dona Ida  K.  Howard,  r; 

Dist.  No.  2  William  R.  Barringer,  r; 

Dist.  No.  3  Roger  C.  Heath,  r&d; 

Dist.  No.  H   Russell  C.  Chase,  r,  Kenneth  J. 

MacDonald,  r&d; 
Dist.  No.  5  Roderick  Allen,  r&d,  George  D. 

Keller,  r; 

CHESHIRE  COUNTY 

Dist.    No.    1    Jeffrey  Miller,    r&d; 

Dist.   No.    2 

Dist.  No.  3  Elmer  L.  Johnson,  r,  Patrick  L. 

O'Connor,  r; 
Dist.  No.  4  Jesse  F.  Davis,  r; 
Dist.  No.  5  David  M.  Perry,  r, 

Ramsay,  d; 
Dist.  No.  6  William  R.  Matson, 
Dist.  No.  7  Jean  T.  White,  r; 
Dist.  No.  8  Clayton  Crane,  r; 
Dist.  No.  9  Irvin  H.  Gordon,  r; 
Dist.  No.  10  William  A.  Riley,  d; 
Dist.  No.  11  Daniel  A.  Eaton,  d; 
Dist.  No.  12  Margaret  A.  Lynch,  d,  Marilee 

H.  Rouillard,  d&r; 
Dist.  No.  13  Delina  R.  Hickey,  d&r,  Patricia 

T,  Russell,  d; 
Dist.  No.  14  William  H.  Kennedy,  d&r,  Nancy 

J.  Proctor,  d&r; 
Dist.  No.  15  Robert  E.  Barber,  Jr.,  d, 

Robert  H.  Eisengrein,  d,  Kendall  W. 

Lane,  r; 
Dist.  No.  16  Nancy  Baybutt,  r,  Andrea  A. 

Scranton,  r; 

COOS  COUNTY 

Dist.  No.  1  Marguerite  H.  Wiswell,  r; 
Dist.  No.  2  George  A.  Langley,  III,  d&r, 

Josephine  Mayhew,  d&r; 
Dist.  No.  3  Lynn  C.  Horton,  r&d; 
Dist.  No.  4  Harold  W.  Burns,  r,  Phoebe  A. 

Chardon,  r; 
Dist.  No.  5  Lawrence  J.  Guay,  d&r,  Otto  H, 

Oleson,  d&r; 
Dist.  No.  6  Norman  A.  Brideau,  d&r,  Alcide 

E.  Valliere,  d; 
Dist.  No.  7  Elmer  A.  Beaulac,  d&r,  Elmer  H. 

York,  d&r; 
Dist.  No.  8  Catherine  V.  Brungot,  r&d, 

George  E.  Lemire,  d&r; 
Dist.  No.  9  Richard  E.  Demers,  d&r,  Romeo  J. 

Theriault,  d; 

GRAFTON  COUNTY 

Dist.  No.  1  Charles  F.  Armstrong,  r,  David 

Lynde,  d,  Kathleen  W.  Ward,  r; 
Di3t.  No.  2  Nelson  K.  Chaaberlin,  r; 
Dist.  No.  3  Anthony  Pepitone,  r&d; 
Dist.  No.  4 
Dist.  No.  5  W.  Murray  Clark,  r,  Betty  Jo 

Taffe,  r&d; 
Dist.  No.  6  Paul  I.  LaMott,  r&d,  Ezra  B. 

Mann,  II,  r&d; 
Dist.  No.  7  Glyneta  B.  Thomson,  r&d; 
Dist.  No.  8  C.  Dana  Christy,  r&d,  Myrl  R. 

Eaton,  r,  John  B.  Hammond,  r; 
Dist.  No.  9  Harold  V.  Buckman,  r,  Philip  W. 

Look,  r; 
Dist.  No.  10  Francis  C.  Seely,  r; 


Dist.  No.  11  William  J.  Driscoll,  r; 

Dist.  No.  12  Bruce  C.  Rounds,  r&d; 

Dist.  No.  13  Mary  P.  Chambers,  d,  Marion  L. 

Copenhaver,  d,  Elizabeth  L.  Crory,  d, 

Michael  B.  King,  d; 
Dist.  No.  14  James  L.  Logan,  r,  Stanley  E. 

Mansfield,  r,  Mark  E.  Melendy,  r&d, 

Lorine  M.  Walter,  r&d  Roger  S.  Wood,  r; 

HILLSBOROUGH  COUNTY 

Dist.  No.  1  Leigh  D.  Bosse,  r,  Joseph  M. 

Eaton,  r,  Howard  S.  Humphrey,  Sr.,  r; 
Dist.  No.  2  Richard  E.  Amidon,  r; 
Dist.  No.  3  Fred  E.  Murray,  r,  Alton  H. 

Stone,  r; 
Dist.  No.  4  William  A.  Russell,  r&d; 
Dist.  No.  5  Clyde  S.  Eaton,  r,  Philip  C. 

Heald,  Jr.,  r&d,  Howard  F.  Mason,  r&d; 
Dist.  No.  6  Roland  A.  Sallada,  r&d; 
Dist.  No.  7 
Dist.  No.  8  Holly  Abrams,  d,  Alice  Tirrell 

Knight,  r,  Milton  Meyers,  r,  Aime  H. 

Paradis,  r,  Robert  W.  Wheeler,  d; 
Dist.  No.  9  Jean  H.  Duffett,  r,  Marjorie  Y. 

Peters,  r,  Anna  S.  Van  Loan,  r&d; 
Dist.  No.  10  Joanne  C.  Head,  r&d,  B.  P. 

Smith,  r,  M.  Arnold  Wight,  Jr.,  r&d; 
Dist.  No.  11  Salvatore  P.  Grasso,  r,  Joseph 

M.  Silva,  r,  Emma  B.  Wheeler,  r, 

Kenneth  T.  Wheeler,  Sr. ,  r; 
Dist.  No.  12  Betty  B.  Hall,  r&d,  Eliot  B. 

Ware,  Jr.,  r; 
Dist.  No.  13  Frederick  G.  Ahrens,  r,  Minnie 

F.  Carswell,  r,  Guy  R.  Granger,  Jr., 

r,  Nancy  C.  Hendrick,  d,  Harold 

Watson,  r; 
Dist.  No.  14  George  H.  Baker,  Sr.,  d, 

Richard  E.  Dolbec,  r,  Juanita  E. 

Kashulines,  r,  John  P.  Lawrence,  r,  G. 

Philip  Rodgers,  r,  Leonard  A.  Smith,  r; 
Dist.  No.  15  James  A.  Hardy,  r,  Claire 

Plomaritis,  d,  Marianne  H.  Thompson,  d; 
Dist.  No.  16  Audrey  A.  Carragher,  r,  Philip 

deG.  Labombarde,  r,  Betty  Tamposi,  r; 
Dist.  No.  17  Mary  Charpentier,  r,  Selma  R. 

Pastor,  d,  Louis  D.  Record,  Jr.,  r, 

Thomas  Stylianos,  r; 
Dist.  No.  18  Jo-Ann  M.  Arnold,  d,  Nancy  M. 

Ford,  r; 
Dist.  No.  19  Kevin  T.  Mulligan,  d, 

Christofily  Papadopoulos,  d,  George  M. 

Papadopoulos,  d,  Cecelia  L.  Winn,  d; 
Dist.  No.  20  Manuel  L.  DeForte,  r&d,  Henry 

L.  Naro,  d,  Dana  J.  Robie,  d; 
Dist.  No.  21  Gabrielle  V.  Gagnon,  d,  James 

Kaklamanos,  d&r,  Roland  J.  Lefebvre, 

d,  Margaret  L.  McGlynn,  d&r; 
Dist.  No.  22  Debora  Ahern,  d,  George  W. 

Kizala,  d,  Maurice  J.  Levesque,  d, 

Roger  E.  Wallace,  d; 
Dist.  No.  23  Chrysoula  A.  Katsiaficas,  d, 

Edmund  M.  Keefe,  r; 
Dist.  No.  24  Ernest  R.  Cautermarsh,  d, 

Francis  X.  Donovan,  d,  Francis  J. 

Madigan,  d; 
Dist.  No.  25  Greta  M.  Ainley,  r,  Lee  Anne  S. 

Steiner,  r; 
Dist.  No.  26  Richard  F.  Ahern,  d,  Raymond  F. 

Carpenter,  r,  John  Mazur,  r,  Norman  A. 

Packard,  r; 
Dist.  No.  27  William  Horan,  Jr.,  d,  Theodora 

P.  Nardi,  d,  Chris  Spirou,  d,  James  J. 

White,  d; 
Dist.  No.  28  Gregory  J.  Ahlgren,  d,  Rita  M. 

Brack,  d; 


HOUSE  JOURNAL  17NOV81 


Dlst.  No.  29  Gary  Casinghino,  d,  Lawrence 

Cronin,  d,  Daniel  J.  Healy,  d,  Stanley 

J.  Zajdel,  d; 
Dist.  No.  30  Edward  J.  Crotty,  d,  d,  Richard 

E.  Galway,  Sr. ,  d,  Mary  J.  Sullivan, 

d&r; 
Dist.  No.  31  David  L.  Gelinas,  d,  Charles  J. 

Leclerc,  d,  Denise  Raiche,  d,  Maureen 

E.  Raiche,  d; 
Dist.  No.  32  Nancy  E.  Bridgewater,  r,  Henry 

N.  Roy,  d,  George  A.  Soucy,  d; 
Dist.  No.  33  Wilfred  Burkush,  d,  Judy  L. 

Pariseau,  r,  Peter  E.  Ramsey,  d.  Rose 

C.  Vachon,  d; 
Dist.  No.  3^^  Irene  M.  Messier,  r,  Edward  F. 

Smith,  d,  James  A.  Sweeney,  Jr.,  d; 
Dist.  No.  35  Michael  P.  LaPierre,  d,  Roland 

R.  Lemire,  d; 
Dist.  No.  36  Jerome  B.  Duval,  d,  Roland  D. 

Martineau,  d,  Roland  M.  Turgeon,  d; 

MERRIMACK  COUNTY 

Dist.  No.  1  William  F.  Kidder,  r,  John  L. 

Rayno,  r; 
Dist.  No.  2  James  V.  Bibbo,  Jr.,  r; 
Dist.  No.  3  Avis  B.  Nichols,  r,  E.  Allen 

Parker,  r; 
Dist.  No.  4  Mary  Ann  Lewis,  r,  David  B. 

Packard,  r&d; 
Dist.  No.  5  William  L.  Roberts,  r,  Peter  M. 

Stio,  r; 
Dist.  No.  6  Laurent  J.  Boucher,  r,  Arthur  J. 

Locke,  r,  Doris  J.  Riley,  r; 
Dist.  No.  7  Edgar  G.  Bellerose,  d,  Mark  M. 

Bodi,  d,  Bonnie  B.  Brady,  r,  Louis  A. 

Savaria,  r; 
Dist.  No.  8  Kenneth  E.  Stockman,  r,  Ashton 

E.  Welch,  r; 
Dist.  No.  9  John  0.  Gate,  r,  Edwin  L. 

Waters,  r; 
Dist.  No.  10  Joseph  B.  Bowes,  r.  Rick  A. 

Trombly,  d,  Edward  M.  Zimmerman,  r; 
Dist.  No.  11  James  A.  Humphrey,  r; 
Dist.  No.  12  James  A.  Whittemore,  r; 
Dist.  No.  13  Eugene  S.  Daniell,  Jr.,  d, 

Margaret  D.  Roberts,  r,  Stuart  D. 

Trachy,  r; 
Dist.  No.  m  Milton  A.  Gate,  r,  Mary  C. 

Holmes,  r; 
Dist.  No.  15  Evelyn  S.  Dean,  r,  Newell  J. 

Paire,  r; 
Dist.  No.  16  Eleanor  H.  Stark,  r.  Max  D. 

Wiviott,  r; 
Dist.  No.  17  Kathleen  A.  Degnan,  d&r,  James 

M.  O'Neill,  d; 
Dist.  No.  18  Barbara  J.  Underwood,  r; 
Dist.  No.  19  Maura  Carroll,  d,  Ellen  D. 

Morse,  d&r; 
Dist.  No.  20  Lawrence  J.  Sullivan,  d,  Mary 

Jane  Wallner,  d; 
Dist.  No.  21  Barbara  A.  Hanus,  r; 

ROCKINGHAM  COUNTY 

Dist.  No.  1  Roger  C.  King,  r&d,  John  H. 

Stimmell,  r&d; 
Dist.  No.  2  Richardson  D.  Benton,  r&d,  Harry 

E.  Flanders,  r,  Carole  M.  Nevins,  r&d; 
Dist.  No.  3  William  P.  Boucher,  r,  Robert  H. 

Day,  r,  Rowland  H.  Schmidtchen,  r; 
Dist.  No.  3A  Ada  L.  Mace,  r,  Patricia  M. 

Skinner,  r; 
Dist.  No.  4  Leander  W.  Burdick,  Jr.,  r, 

Kenneth  H.  Gould,  r,  Glenden  J. 


Kelley,  r,  Virginia  K.  Lovejoy,  r, 

Conrad  L.  Quimby,  r; 
Dist.  No.  5  Marilyn  R.  Campbell,  r,  Eleanor 

F.  Carpenito,  d,  Brian  F.  Downing,  d, 

Joan  E.  Espinola,  r,  Beverly  A.  Gage, 

r,  Anne  Leslie,  d,  Robert  P.  Mason, 

Jr.,  r,  Arthur  0.  Shurtleff,  Jr.,  r, 

Donna  P.  Sytek ,  r,  Elsie  Vartanian,  r, 

Raymond  W.  Wood,  r; 
Dist.  No.  6  Alfred  Ellyson,  r,  Natalie  S. 

Flanagan,  r&d,  Richard  S.  Rand,  r; 
Dist.  No.  7  Gertrude  I.  Butler,  r&d, 

Patricia  L.  Cote,  r&d; 
Dist.  No.  8  Ralph  L.  Blake,  r&d,  John  Hoar, 

Jr.,  r&d,  Calvin  Warburton,  r; 
Dist.  No.  9  Selma  R.  Jackson,  r,  K.  Michael 

Tavitian,  r; 
Dist.  No.  10  Myrtle  B.  Rogers,  r; 
Dist.  No.  11  Charles  H.  Felch,  Sr. ,  r, 

Daniel  Gretsch,  r; 
Dist.  No.  12  Beverly  Hollingworth,  d, 

Ednapearl  F.  Parr,  r,  Roberta  C. 

Pevear,  r,  Louisa  K.  Woodman,  r; 
Dist.  No.  13  Robert  R.  Blaisdell,  r,  Thomas 

U.  Gage,  r,  John  J.  Kane,  r,  Frank  J. 

Kozacka,  d,  Arthur  Tufts,  r; 
Dist.  No.  m   Patti  Blanchette,  d&r,  Edward 

J.  Wojnowski,  d; 
Dist.  No.  15  William  P.  Cahill,  r,  W. 

Douglas  Scamman,  Jr.,  r&d,  Franklin  G. 

Wolf sen,  r; 
Dist.  No.  16  Norman  W.  Myers,  r; 
Dist.  No.  17  J.  Leo  Appel,  Jr.,  r,  Elizabeth 

A.  Greene,  r,  Richard  S.  Lockhart,  r&d; 
Dist.  No.  18  Lea  H.  Aeschliman,  d; 
Dist.  No.  19  John  E.  Splaine,  d; 
Dist.  No.  20  Mary  E.  Cotton,  d,  John  W. 

Hynes,  d,  Joseph  A.  MacDonald,  d; 
Dist.  No.  21  Thomas  P.  Connors,  Sr.,  d.  Jack 

LoFranco,  d; 
Dist.  No.  22  Elaine  S.  Krasker,  d&r, 

Christopher  W.  Wood,  d; 
Dist.  No.  23  Laura  Pantelakos,  r,  Robert  P. 

Read,  Jr.,  d; 

STRAFFORD  COUNTY 

Dist.  No.  1  Paul  E.  Blouin,  d&r,  Ronald 

Chagnon,  d; 
Dist.  No.  3  Donald  H.  Smith,  r&d; 
Dist.  No.  4  James  C.  Chamberlin,  r,  Jody  E. 

Mooradian,  d,  Everett  B.  Sackett,  r, 

Joan  M.  Schreiber,  d; 
Dist.  No.  5  Albert  J.  Dionne,  d; 
Dist.  No.  6  Anita  A.  Flynn,  d&r; 
Dist.  No.  7 

Dist.  No.  8  Mary  E.  Whitehead,  d&r; 
Dist.  No.  9  Donald  P.  Pageotte,  d&r; 
Dist.  No.  10  David  J.  Bouchard,  d; 
Dist.  No.  11  James  E.  Appleby,  r,  Drucilla 

Bickford,  r; 
Dist.  No.  12  Lawrence  S.  Smith,  r; 
Dist.  No.  13  Paul  G.  Meader,  r; 
Dist.  Nc.  I'A   Richard  W.  Creteau,  d,  Roland 

J.  Gauvin,  d; 
Dist.  No.  15 
Dist.  No.  16  James  M.  Demers,  d&r,  Anthony 

Demetracopoulos,  d&r; 
Dist.  No.  17  Mary  E.  Bernard,  d&r,  Helene  R. 

Donnelly,  d; 
Dist.  No.  18  William  K.  Kincaid,  d,  Arthur 

D.  Maglaras,  d&r; 
Dist.  No.  19  Phyllis  S.  DeNafio,  d&r,  Teresa 

L.  DeNafio,  d; 
Dist.  No.  20  Raymond  F.  Hennessey,  d, 

Franklin  Torr,  r; 


HOUSE  JOURNAL 17NOV81 


Dist.  No.  21  Roland  E.  Belhumeur,  d,  Robert 
E.  Drew,  d&r; 


Dist. 
Dist. 
Dist. 

Dist. 

Dist. 

Dist. 

Dist. 

Dist. 
Dist. 


SULLIVAN  COUNTY 

No.  1  Sara  M.  Townsend,  r&d; 

No.  2 

No.  3  Sim  R.  Gray,  d,  Donald  H. 

LeBrun,  d; 

No.  4  Mable  G.  Cutting,  r,  Roma  A. 

Spaulding,  r,  John  B.  Tucker,  r&d; 

No.  5  Robert  J.  Brodeur,  d.  Carmine  F. 

D'Amante,  d,  Arthur  T.  Forrest,  d&r; 

No.  6  David  B.  Campbell,  d&r,  Gordon 

B.  Flint,  r; 

No.  7  Leonard  W.  Gray,  r&d,  Walter  H. 

Palmer,  r&d; 

No.  8  Farrell  J.  Quinlan,  r; 

No.  9  Mildred  S.  Ingram,  r. 


352  members  being  present,  the  Speaker 
declared  a  quorum  present. 

Reps.  Bosse  and  Spirou  moved  to  inform 
the  Honorable  Senate  that  the  House  had 
organized  in  Special  Session  as  called  by 
the  Governor  and  Council,  and  further  inform 
the  Senate  that  the  House  is  ready  to  meet 
in  Joint  Convention  for  the  purpose  of 
receiving  His  Excellency,  the  Governor  and 
to  hear  any  communication  he  may  be  pleased 
to  make. 

Adopted. 

INTRODUCTION  OF  GUESTS 

Rick  Shaw,  who  entertained  the  House 
with  a  rendition  of  his  song  "New  Hampshire 
Naturally,"  guest  of  Reps.  Bosse  and 
Mooradian. 

SENATE  MESSAGE 

The  Honorable  Senate  has  assembled  and 
is  now  ready  to  proceed  with  the  business  of 
the  1981-1982  Special  Session  and  is  ready 
to  meet  with  the  House  of  Representatives  in 
Joint  Convention  for  the  purpose  of 
receiving  his  Excellency,  the  Governor. 

JOINT  CONVENTION 
(Speaker  presiding) 

The  Speaker  introduced  Governor  Hugh  J. 
Gallen. 

Honorable  Members  of  the  General  Court: 

It  has  been  more  than  four  years  since 
the  members  of  the  House  and  Senate  last 
assembled  in  this  historic  building  to  begin 
a  Special  Session  of  the  New  Hampshire 
Legislature.  In  that  interval  much  has 
happened  and  much  has  changed. 

We  have  passed  three  state  operating 
budgets,  three  capital  budgets  and  more  than 
1, 100  new  laws. 

We  have  had  two  statewide  elections  and 
you  assemble  today  with  a  different 
Governor,  Senate  President  and  House  Speaker 
than  when  you  last  began  a  Special  Session 
in  the  Summer  of  1977. 

It  might  also  appear  that  some  things 
remain  the  same.  The  last  special  session 
was  called  because  the  state  entered  a 


biennium  without  an  operating  budget  in 
place.  This  special  session  convenes 
largely  in  response  to  the  budget  problems 
now  facing  New  Hampshire.  There,  however, 
the  similarity  ends,  because  we  are  now 
witnessing  fundamental  changes  in  the  nature 
of  budget  issues  and  in  the  role  of 
government.  The  success  of  this  special 
session,  the  success  of  the  next  regular 
session  and  ultimately,  the  success  of  our 
collective  ability  to  lead  New  Hampshire 
through  a  period  clouded  with  economic 
uncertainty,  will  be  measured  by  our 
capacity  to  deal  with  these  fundamental 
changes. 

I  will  devote  most  of  my  remarks  to 
these  changes,  and  to  both  the  short  term 
and  long  term  budget  problems  and  issues 
facing  state  government.  But  as  you  know, 
there  are  some  non-budget  issues  which  are 
on  the  agenda  for  this  special  session.  And 
so,  I  would  like  first  to  briefly  outline 
for  you  my  positions  on  those  matters. 

First,  you  have  before  you  various  bills 
to  correct  errors  or  oversights  of 
legislation  passed  during  the  regular 
session.  I  urge  you  to  look  carefully  at 
the  effect  of  the  original  law  which  you 
enacted,  the  changes  which  would  result  from 
the  amendments  which  will  now  be  brought 
before  you,  and  then  enact  what  you  believe 
to  be  the  best  policy  for  the  state  of  New 
Hampshire.  I  will  support  those  efforts. 

In  particular,  among  these  items,  I  urge 
you  to  move  quickly  to  restore  the  eminent 
domain  powers  of  the  Public  Utilities 
Commission  which  were  inadvertently  removed 
as  part  of  sunset  review  of  the  Eminent 
Domain  Commission.  I  know  that  your 
presiding  officers  join  me  in  making  this 
urgent  request. 

Second,  you  must  finalize  in  the  coming 
weeks  bills  which  will  redraw  lines  for  the 
House  and  Senate,  Executive  Council  and 
Congressional  Districts.  On  this  issue  my 
position  is  very  simple:   if  the  bills  which 
are  ultimately  presented  to  me  can  be 
demonstrated  to  be  free  of  any  hidden  agenda 
to  either  help  or  hurt  some  particular  area, 
or  constituency,  or  individual,  or  party, 
and  if  they  are  the  product  of  a  determined 
bi-partisan  effort  to  structure  districts  in 
line  with  constitutional  requirements,  then 
they  will  unquestionably  receive  my  support. 

Third,  you  must  resolve  the  fate  of 
three  state  agencies  which  are  scheduled  for 
termination  under  the  sunset  law  on  March 
31,  1982.  Each  of  these  agencies  —  the 
Liquor  Commission,  the  Nursing  Board  and  the 
Real  Estate  Commission  —  failed  to  win 
renewal  during  the  regular  session  because 
of  various  political  issues  which  were  for 
the  most  part  unrelated  to  their  operation. 
It  is  tiiae  to  put  politics  aside.  It  is 
time  to  seek  out  compromise.   I  have  tried 
to  do  this  with  your  leadership  on  the 
Liquor  Commission,  and  I  believe  that  we  are 
very  close  to  achieving  a  compromise.   I 
hope  you  will  do  the  same  with  the  other  two 
agencies,  so  that  bills  renewing  all  three 
will  reach  my  desk  at  an  early  date. 

And  finally,  I  will  be  asking  for  your 
cooperation  and  support  in  revising  our  laws 
dealing  with  the  criminally  insane.  We  must 
write  legislation  that  more  fully  protects 
the  public  while  withstanding  constitutional 
challenges. 


HOUSE  JOURNAL  17NOV81 


All  of  these  non-budget  issues  are 
important.  But  I  think  we  can  all  agree 
that  most  of  our  time  and  attention  during 
the  coming  weeks  will  be  devoted  to  issues 
relating  to  the  state  operating  budget.  You 
will  be  presented  today  with  two 
budget-related  bills  upon  which  I  urge  you 
to  take  immediate  and  favorable  action. 

When  you  met  in  recall  session  last 
September,  you  postponed  action  on  most  of 
the  block  grants  which  are  available  to  the 
state.   Since  that  recall  day,  your 
committees  have  held  hearings  to  review  the 
plans  of  relevant  state  agencies  for  the 
administration  and  expenditure  of  these 
grants.  Today  you  will  be  asked  to  accept 
all  but  one  of  the  available  block  grants. 
Today  you  will  be  asked  to  approve  these 
grants,  I  urge  you  to  do  so,  so  that  the 
various  departments  of  the  Executive  Branch 
can  begin  processing  the  necessary  paperwork 
so  that  these  grants  can  be  accepted  by  the 
December  1st  deadline,  and  can  be  expended 
beginning  January  1st. 

Second,  you  will  also  be  asked  to 
approve  legislation  increasing,  for  the 
remainder  of  this  biennium,  the  state's 
short-term  borrowing  ceiling.   I  am  sure  you 
are  all  aware  that  some  payments  to  local 
communities  have  been  delayed  because  the 
Treasurer  has  simply  not  had  the  necessary 
cash  flow  to  back  up  those  payments. 
Obviously,  the  deficit  position  in  which  the 
state  began  this  biennium  is  the  cause  of 
this  problem.   But  the  problem  also 
highlights  other  important  issues  which  I 
believe  must  be  addressed. 

When  the  debt  ceiling  was  last 
increased,  a  decade  ago,  the  40  million 
dollar  limit  represented  about  40  percent  of 
the  annual  general  fund  cash  flow.  The  60 
million  dollar  ceiling,  which  you  will 
hopefully  approve  today,  will  represent  only 
about  20  percent  of  our  current  annual 
general  fund  cash  flow.   But  as  the  size  of 
the  budget,  the  size  of  our  cash  flow,  the 
size  of  our  various  disbursements  to  local 
communities  have  all  grown  in  the  last 
decade,  the  state's  methods  of  managing  that 
cash  flow  have  not  changed. 

The  Governor's  Management  Review,  which 
is  now  completing  its  work  and  which  will 
report  to  all  of  us  early  next  year,  is 
looking  at  the  state's  cash  management 
policies.   As  an  interim  measure,  I  have 
issued  an  Executive  Order  to  speed  the  flow 
of  revenue  into  the  Treasury.   And  even 
after  you  approve  the  debt  ceiling  today,  I 
urge  you  to  continue  to  look  at  this  issue 
and  to  work  with  us  in  the  Executive  Branch, 
and  ultimately  with  the  recommendations  of 
the  Management  Review,  to  improve  the 
financial  management  of  the  state. 

This  is  important,  not  only  because 
improved  financial  management  means 
additional  revenue  to  the  state  from 
interest  on  deposits,  but  also  because  it 
will  be  imperative  that  we  have 
sophisticated  and  modern  management  systems 
in  place  if  we  are  going  to  successfully 
deal  with  the  many  changes  of  the  new  era 
which  is  now  upon  us.   Very  simple,  we  are 
obligated  to  squeeze  everything  we  can  out 
of  every  available  dollar. 

After  you  conclude  work  on  these 
immediate  agenda  items,  it  is  my 


understanding  that  you  will  recess  until 
early  next  year.   At  that  time,  you  will 
begin  to  make  the  hard  and  painful  decisions 
which  an  era  of  fundamental  change  in 
government  requires.   I  want  to  outline  for 
you  today  the  approach  which  my 
Administration  will  take  in  preparing 
specific  recommendations  to  deal  with  the 
immediate  budget  problems  and  the 
longer-term  financial  issues  which  state 
government  faces.  A  rational  strategy  for 
dealing  with  all  of  these  issues  requires, 
at  the  outset,  an  understanding  of  how  state 
government  came  to  its  present  condition. 

Simply  stated.  New  Hampshire  has  been 
living  beyond  its  means  for  quite  a  long, 
long  period  of  time.  Over  that  period, 
successive  governors  and  legislatures  have 
used,  one  by  one,  most  of  the  available 
short-term  solutions  to  maintain  the 
appearance  of  a  state  living  within  its 
available  revenue.  The  obvious  hazards  of 
this  approach  have  been  compounded  by  a 
growing  dependence  on  a  single  revenue 
source  which  is  highly  responsive  to 
national  economic  trends,  which  are 
obviously  beyond  our  control.   Demands  for 
spending  in  some  areas  are  accelerated  by 
the  very  economic  trends  which  depress 
revenue.   And  the  inadequate  systems  for 
day-to-day  financial  management  which  I  have 
already  mentioned  weaken  what  little  control 
we  have  over  the  "boom  or  bust"  relationship 
between  the  national  economy  and  the  state 
budget. 

In  the  l4-year  period  from  Fiscal  Year 
1968  through  1981,  State  government  spent 
more  than  it  received  in  general  fund 
revenue  in  nine  different  years.  That 
time-span  covers  the  administrations  of  five 
House  Speakers,  six  Senate  Presidents,  and 
four  Governors  of  both  major  parties  and  a 
wide  range  of  philosophies. 

This  record  would  have  been  even  worse, 
had  it  not  been  for  the  fact  that  in  some 
years  general  fund  revenues  exceeded 
projections.  For  instance,  in  1979, 
Business  Profits  Tax  revenues  were  50 
percent  above  the  projection  which  the 
Legislature  and  Governor  had  agreed  on  in 
passing  the  budget  for  that  year.   Had  it 
not  been  for  such  unforeseen  good  fortune, 
New  Hampshire  would  have  spent  more  than  it 
received  in  even  more  years  than  nine  of  the 
last  14. 

Why  is  it,  then,  that  New  Hampshire  has 
not  been  rolling  in  deficits  for  most  of  the 
last  decade  and  a  half?  I  have  already 
touched  on  one  of  the  reasons  —  the  fact 
that  we  were  the  recipients  of  occasional 
unforeseen  revenue  bonuses.   In  addition,  we 
started  this  whole  period  with  a  slight 
surplus.  Also,  early  in  the  last  decade  the 
state  began  to  receive  annual  allotments  of 
federal  revenue  sharing  funds.  We  treated 
this  money  as  if  it  were  a  regular  general 
fund  revenue,  even  though  we  had  no  control 
in  it. 

All  of  these  things  helped  close  the 
annual  gap,  helped  preserve  the  image  of  a 
state  living  within  its  means,  while  year 
after  year  actual  expenditures  exceeded 
actual  general  fund  receipts. 

Now,  the  illusion  of  the  last  decade  and 
a  half  has  been  broken.  The  collapse  of  the 
national  economy  rippled  through  the  state 
system,  in  the  last  biennium,  depressing 


HOUSE  JOURNAL 17NOV81 


revenue  projections  while  at  the  same  time 
increasing  demands  for  services.  Revenue 
sharing  for  the  states  was  abruptly 
terminated.   And,  frankly,  we  all  shared  in 
some  poor  luck.   Certainly,  few  of  us  could 
have  anticipated  two  virtually  snowless 
winters,  a  summer  of  gas  line  panics  and  the 
burning  of  a  five  million  dollar  revenue 
source  —  all  within  a  single  biennium. 

On  top  of  all  of  this.  New  Hampshire's 
political  system  did  not  respond  as  well  as 
it  should.   In  your  recall  session  in  the 
spring  of  1980,  I  proposed,  and  your 
leadership,  as  a  courtesy  to  the  Executive 
Branch,  sponsored  legislation  which  would 
have  reduced  state  spending  for  the  second 
year  of  the  biennium.  Had  that  legislation 
been  adopted,  savings  would  have  been 
generated  to  offset  much  of  the  Fiscal  81 
deficit,  and  we  would  have  then  had  a 
reasonable  chance  at  making  further 
reductions  early  in  the  last  regular  session 
and  ending  the  biennium  on  balance. 

Unfortunately,  the  bill  was  not  passed. 
In  its  place,  some  minimal  reductions  were 
ordered  by  the  Advisory  Budget  Control 
Committee.   But  by  the  time  the  Legislature 
next  convened  in  January  of  this  year,  the 
problem  had  grown  to  such  a  dimension  that 
you  rightly  determined  that  it  was  simply 
not  possible  to  reduce  the  budget 
sufficiently  to  eliminate  the  deficit  in  the 
short  time  remaining  in  that  fiscal  year. 

Thus,  we  entered  this  biennium  with  a 
deficit.  Some  would  say  that  the  1982-83 
budget  both  eliminates  that  deficit  and 
restores  fiscal  stability,  by  bringing 
annual  revenue  above  annual  expenditures  by 
the  end  of  this  biennium.  They  would 
contend  that  our  problems  are  solved.  That 
contention  is  simply  false.   It  is  based 
upon  three  assumptions,  all  of  which  are 
invalid. 

First,  it  assumes  that  revenue 
projections  are  correct.  There  are  two 
immediate  problems  in  this  area.  In  my 
budget  address  last  February,  I  warned  of 
the  need  to  take  action  to  offset  a  decline 
in  Business  Profits  Tax  revenue  because  of 
the  impact  of  federal  tax  law  changes. 
Those  federal  changes  are  now  in  effect  and 
as  businesses  take  advantage  of  accelerated 
depreciation  allowances,  and  thus  reduce 
their  taxable  income,  our  tax  revenue  will 
also  be  reduced. 

It  is  admittedly  difficult  to  say  with 
certainty  exactly  what  the  impact  of  this 
will  be,  because  we  cannot  know  for  certain 
how  rapidly,  or  to  what  extent,  businesses 
will  take  advantage  of  the  new  federal  tax 
law.   Indeed,  the  clear  fact  that  the 
economy  is  not  recovering  as  predicted  means 
that  capital  investment  is  not  being  made, 
and  tuus  tusre  is  no  nsw  depreciation  to  be 
taken. 

But,  the  fact  that  the  immediate  impact 
of  that  change  may  be  less  than  we  had 
anticipated,  does  not  alter  the  reality  that 
there  will  be  an  impact,  and  it  will  be 
negative.  To  offset  that,  I  am  asking  that 
you  pass  hold-harmless  language  which  will 
insulate  our  Business  Profits  Tax  from  the 
accelerated  depreciation  allowance  at  the 
federal  level.  In  simple  terms,  this 
amendment  to  our  tax  law  will  allow 
businesses  the  full  benefit  of  previous 


depreciation  deductions,  but  not  allow  — 
for  state  tax  purposes  only  —  accelerated 
depreciation.   It  will  not  produce 
additional  revenue  for  the  state.   It  will 
not  deprive  any  business  of  the  new  benefits 
of  the  Reagan  tax  cut  on  their  federal 
return.  It  will  not  mean  that  any  business 
will  have  to  pay  New  Hampshire  more  than 
they  would  have  prior  to  those  tax  law 
changes.  I  urge  you  to  pass  this 
hold-harmless  amendment  at  the  earliest 
possible  date. 

Unfortunately,  there  are  other  problems 
on  the  revenue  side.  In  particular,  in 
order  to  balance  the  budget,  you  enacted  a 
$250  minimum  Business  Profits  Tax.  This  tax 
is  an  attack  on  small  business.  It  is  bad 
tax  policy  and  it  is  of  dubious 
constitutionality.  It  may  well  be 
challenged  in  Court,  and  we  must  recognize 
now  the  great  likelihood  that  such  a 
challenge  may  well  succeed. 

The  second  false  assumption  in  the 
current  budget  is  that  the  particular 
relationship  between  how  much  money  we 
appropriated,  and  how  much  money  departments 
will  actually  spend,  will  be  similar  to  that 
of  the  last  15  years.  Throughout  that 
period,  actual  spending  has  been,  on 
average,  4.1  percent  less  than  total 
appropriations.   With  the  exception  of  the 
budget  of  the  Legislative  branch  and  a 
limited  number  of  other  areas,  these  unspent 
funds  lapse  at  the  end  of  each  fiscal  year. 

This  budget,  as  other  budgets  before  it, 
anticipates  that  lapse.   It  anticipates  that 
a  percentage  of  the  total  money  appropriated 
—  the  figure  this  time  is  three  percent  — 
won't  be  spent.  The  budget  is  balanced 
against  anticipated  spending,  but  not 
against  the  higher  level  of  total 
appropriations . 

Based  upon  past  experience,  it  might 
seem  that  the  assumption  is  valid.  But  the 
rules  of  the  game  have  changed.  The 
principal  reason  for  those  lapses  in  the 
past  has  been  the  fact  that  state  law  placed 
various  restrictions  on  the  transfer  of 
funds  from  one  budget  line  item  to  another. 
For  instance,  if  a  department  had  extra 
money  in  its  personnel  account  because  a 
position  was  vacant  for  a  period  of  time,  it 
could  not  move  that  money  to  some  other  line 
or  spend  it  for  some  other  purpose.  The 
extra  money  stayed  in  the  personnel  line, 
and  lapsed  at  the  end  of  the  year.  But  as 
you  well  know,  the  current  budget  removes 
all  such  restrictions  on  transfers. 

The  budget  estimates  that  nearly  18 
million  general  fund  dollars  will  be 
appropriated  but  not  spent  in  this 
biennium.  By  removing  restrictions  on 
transfers,  you  have  ensured  that  most  of 
that  money  will,  in  fact,  be  spent.  But 
there  is  no  revenue  to  support  that 
spending.  To  offset  this,  all  transfer 
restrictions  should  be  re-imposed.  But  at  a 
minimum,  I  urge  you  to  approve  a  freeze  on 
state  hiring  and  prohibit  transfers  from 
personnel  accounts,  at  least  until  final 
decisions  on  the  budget  are  made  in 
January.   I  know  that  this  proposal  will  be 
resisted  because  of  the  political  commitment 
to  the  so-called  management  concept.  But  I 
ask  you  to  keep  in  mind  that  when  we  strip 
away  the  rhetoric,  you  find  that  the 
commitment  to  the  so-called  management 


HOUSE  JOURNAL 17NOV81 


concept  is  a  practical  commitment  to 
spending,  beyond  revenue,  —  deficit 
spending  —  of  as  much  as  18  million  dollars. 

The  third  assumption  of  the  current 
budget  is  that  it  is  a  complete  budget,  that 
no  additional  demands  for  spending  will  be 
made,  or  that  any  that  are  made  will  not  be 
legitimate  and  need  not  be  honored.  And 
that,  as  we  all  know,  is  also  false. 
Whether  it  is  the  Laconia  State  School,  the 
operation  of  the  Liquor  Commission,  the 
state  employees  pay  raise,  the  maintenance 
of  state  armories,  or  anything  else,  there 
are  a  host  of  demands  which  some  in  this 
room,  and  in  most  cases  a  majority  in  this 
room,  believe  are  legitimate  and  believe 
must  be  met.   But  like  the  phoney  lapse 
figure,  every  one  of  those  demands  is  —  at 
this  moment  —  an  expenditure  not  backed  by 
revenue. 

This  is  the  short-term  problem  which  we 
face,  and  which  we  must  resolve  before  the 
end  of  this  special  session. 

I  will  outline,  this  morning,  my 
priorities  for  funding  and  the  approach 
which  I  will  be  taking  in  the  next  several 
weeks  to  generate  sufficient  funds  for  those 
priorities.  But  beyond  that,  I  also  want  to 
speak  about  the  long-term  problem  facing  New 
Hampshire,  a  problem  which  is  ultimately  far 
more  serious  than  the  money  for  immediate 
demands. 

Of  the  many  requests  for  supplemental 
appropriations  which  will  come  before  you  in 
the  next  several  weeks,  none  is  more 
important,  none  is  more  consistent  with  the 
fundamental  purpose  and  obligation  of 
government,  that  the  nearly  15  million 
dollar  request  which  you  will  receive  to 
fund  our  program  for  the  Laconia  State 
School.   Sometime  in  January,  you  will  pass 
legislation  making  various  amendments  to  the 
state  operating  budget.   If  that  legislation 
does  not  meet  this  need,  it  will  be  vetoed. 
I  will  take  that  action,  not  because  failure 
to  enact  this  program  would  ignore  a  legal 
obligation  which  we  are  now  under,  but 
rather  because  such  a  failure  would  renounce 
a  moral  obligation  which  the  state  has 
ignored  for  far  too  long. 

The  other  significant  areas  which  I 
recommend  for  additional  funding  are  as 
follows:   funds  are  needed  to  meet  our 
commitment,  keep  our  word,  and  provide  for 
the  balance  of  our  contractual  obligation 
with  the  state  employees.  We  obviously  need 
to  continue  the  operation  of  the  State 
Liquor  Commission  and  its  stores.   It  would 
be  foolish  to  cripple  the  ability  of  this 
agency  to  continue  to  raise  revenue  which  is 
so  badly  needed  in  so  many  other  areas. 
Funds  are  needed  to  meet  obligations  at  the 
State  Prison.  We  must  provide  sufficient 
money  to  the  State  Treasurer  to  meet  the 
increased  cost  of  borrowing,  a  cost  which 
has  been  brought  about  by  the  lengthy  period 
of  devestatingly  high  interest  rates,  which 
affect  the  state  as  much  as  they  affect 
businesses  or  individuals.   I  also  favor 
funding  a  limited  number  of,  relatively 
speaking,  small  requests.   Two  in  particular 
that  have  already  been  brought  to  the 
attention  of  the  Fiscal  Committee  are  the 
reclassification  of  positions  at  the  Youth 
Development  Center,  and  the  maintenance  of 
state  armories. 


While  these  items  alone  represent  more 
than  40  million  dollars  in  additional 
general  fund  spending,  I  am  sure  that  they 
are  by  no  means  the  only  requests  which  will 
be  brought  to  you  or  to  me  in  the  coming 
weeks.  I  believe  that  these  are  the  ones 
that  are  most  important.   In  fact,  these  are 
the  ones  that  are  more  important  than  some 
of  the  things  which  we  are  doing  and  paying 
for  now. 

Outlining  a  list  of  priorities  is  easy. 
The  hard  task  is  finding  the  money  to  fund 
those  priorities.  First,  let  me  indicate 
the  solutions  which  are  unacceptable.  No 
one  in  this  room,  and  no  one  in  this  state 
can  be  unaware  of  my  commitment  to  the 
people  on  the  issue  of  a  sales  or  income 
tax.  And  no  one  in  this  room,  and  no  one  in 
this  state  should  think,  even  for  a  moment, 
that  I  would  fail  to  honor  that  commitment. 
But  short  of  a  sales  or  income  tax,  you  will 
almost  certainly  be  presented  with  a  variety 
of  other  revenue  proposals.   I  want  to  speak 
to  a  particular  kind  of  tax  proposal,  and 
then  make  a  more  general  comment  on  the 
possibility  of  increased  revenue  being  a 
part  of  our  solution  to  New  Hampshire's 
short-term  problems. 

Without  question,  some  of  the  tax 
proposals  which  will  be  brought  up  during 
this  special  session  would  increase  state 
taxes  on  the  business  community.   In  the 
last  session,  the  Business  Profits  Tax  was 
changed  in  a  variety  of  ways  that  are 
projected  to  extract  more  than  41  million 
dollars  from  New  Hampshire's  business 
community  during  this  biennium. 

Much  is  changing  in  the  taxation  of 
business  at  both  the  state  and  national 
levels.  Part  of  our  long-term  activity  must 
be  the  sorting  out  of  the  real  impact  of  all 
of  these  changes.  For  example,  once  all  of 
the  provisions  of  the  federal  tax  cut  fully 
take  effect,  the  taxable  income  of  most 
businesses  will  be  cut  to  such  a  degree, 
that  the  higher  business  profits  tax  rate 
enacted  earlier  this  year  will  produce  less 
revenue,  and  a  smaller  tax  liability  for  any 
given  business,  than  the  old  eight  percent 
rate  under  the  old  federal  law.  But  these 
federal  changes  have  not  yet  taken  hold. 
Instead,  businesses  are  suffering  through  a 
deepening  recession.  And  whatever  the 
future  may  hold,  the  immediate  reality  of  41 
million  dollars  in  new  business  taxes  cannot 
be  denied. 

Accordingly,  I  reject  any  and  all 
business  tax  increases  as  a  means  to  solving 
our  short-term  problem.  I  reject  all  of 
those  which  were  before  you  during  the 
regular  session  including  the  one  percent 
gross  profits  tax  which  I  proposed,  as  well 
as  any  new  business  tax  proposals  which  some 
well-intentioned  person  might  dream  Up  in 
the  coming  weeks. 

We  must  evaluate  the  full  impact  of  the 
various  federal  tax  changes,  because  in 
truth,  they  may  provide  a  tremendous 
windfall  for  the  business  community.   After 
that  evaluation,  we  must  adopt  a  sensible 
business  tax  policy,  rather  than  simply 
considering  more  business  taxes.  But  until 
that  long-term  effect  is  complete  it  is  time 
to  say,  to  businesses  large  and  small  across 
our  state,  enough  is  enough. 


HOUSE  JOURNAL  17NOV81 


There  will  be  other  non-business  tax 
proposals  which  will  assuredly  come  before 
you.   Faced  with  the  painful  choice  of 
cutting  programs,  the  option  of  quickly 
resorting  to  new  revenue  will  seem  extremely 
appealing.  But  before  you  leap  to  that 
option,  I  ask  you  to  consider  two  facts. 

One  is  that  while  many  of  you  in  this 
room  undoubtedly  believe  that  we  have 
already  cut  programs  too  much,  I  would 
suspect  that  you  could  also  identify  some 
department,  some  agency,  some  program  which 
you  believe  is  not  essential,  which  you 
believe  could  be  cut.   I  believe  that  the 
people  of  New  Hampshire  share  that  sentiment. 

The  other  is  that  during  the  regular 
session  you  increased  general  fund  revenue 
for  this  biennium  —  from  changes  in 
distributions  between  the  state  and 
municipalities,  from  increases  in  existing 
taxes  and  from  new  taxes  —  by  more  than  98 
million  dollars.  How  can  we  possibly 
entertain  the  prospect  of  adding  even  more, 
when  we  can  all  still  identify  additional 
areas  for  budget  reductions?  I  say  to  you 
that  we  simply  cannot  ask  the  people  of  this 
state  to  dig  even  deeper  into  their  pockets 
until  we  have  conclusively  demonstrated  that 
government  is  truly  doing  only  those  things 
which  are  .essential,  and  doing  them  as 
efficiently  as  it  possibly  can.  And 
Senators  and  Representatives,  I  say  to  you 
that  through  15  years  of  living  beyond  our 
means,  this  state  government  has  not 
demonstrated  that  case  to  its  people. 

Beginning  tomorrow,  my  office  will  be 
meeting  with  representatives  of  many  of  the 
various  interest  groups  which  work  with 
various  state  departments.  We  will  be 
asking  their  advice  on  what  aspects  of 
departmental  programs  are  inefficient,  or 
are  non-essential.  We  will  also  be 
consulting  with  department  heads  to 
determine  their  program  priorities.  We  will 
be  developing  a  series  of  proposed  budget 
reductions  to  be  presented  to  you  and  your 
committees  by  the  time  you  return  in  January 
to  begin  addressing  in  earnest  our 
short-term  problems. 

These  proposals  will  be  sufficient  to 
fund  the  priorities  which  I  have  listed  for 
you  today.  The  goal  of  this  effort  will  not 
be  to  simply  slash  numbers  from  a  budget 
sheet.   It  will  be  to  look  at  the  program 
which  those  numbers  symbolize,  and  to 
identify  those  which  I  believe  to  be  of  less 
importance  than  my  priorities. 

As  these  proposals  emerge  during  the 
next  several  days  and  weeks  they  will,  I  am 
sure,  encounter  stiff  resistance. 

There  is  not  a  single  state  program 
which  does  not  have  some  kind  of 
constituency.  For  too  long  state  government 
has  responded  to  these  constituencies.  Now, 
we  must  evaluate  the  claims  of  those 
constituencies,  and  where  the  claims  are 
weak,  they  must  be  rejected.  Weak  claims 
for  state  funding  must  be  rejected  even  if 
they  come  from  powerful  constituencies.  The 
proposals  which  I  will  make  during  the 
coming  weeks  would  produce  a  state 
government  which  will  do  less;  but  which 
will  do  a  better  job  at  those  things  which 
it  continues  to  do.  And,  make  no  mistake, 
njy  proposals  will  yield  a  state  government 


that  will  do  its  work  with  less  state 
employees.  And  employee  reductions  will 
come  not  just  from  the  lowest  labor  grades, 
but  from  every  level. 

I  am  prepared  to  take  the  criticism  of 
the  various  constituencies  because  I  am 
convinced  that  only  by  taking  this  course, 
only  by  squeezing  out  all  of  the  excess  of 
state  government,  only  by  shaping  a 
government  that  does  fewer  things  but  does 
them  better,  only  by  demonstrating  that  we 
have  not  a  government  with  a  management 
concept,  but  a  government  of  managers,  can 
we  both  resolve  our  immediate  short-term 
budget  problems  and  prepare  ourselves  to 
deal  with  the  long-term  issues  which  lie 
ahead. 

There  are  two  such  long-term  issues 
which  stand  out  above  all  others.  First, 
the  role  of  the  national  government  is 
undergoing  a  fundamental  redefinition.  The 
federal  government  is  consciously  deciding 
that  there  are  many  areas  in  which  it  has 
been  involved,  which  now  should  be  left  to 
the  states.   In  many  cases,  that  decision  at 
the  federal  level  will  mean  that  a 
particular  activity  simply  will  not  be  done 
by  government  at  all.   But  in  many  other 
cases,  the  decision  will  be  not  that  an 
activity  should  no  longer  be  pursued,  but 
rather  that  it  should  be  pursued  by  a 
different  level  of  government.  And  in  most 
of  those  cases,  that  different  level  of 
government  will  be  the  states. 

At  the  same  time,  the  federal  government 
is  consciously  deciding  to  sharply  reduce 
the  exercise  of  its  power  to  tax.  I  am  in 
fundamental  disagreement  with  the  manner  in 
which  this  decision  has  been  implemented. 
The  various  provisions  of  the  federal  tax 
law  changes  will  provide  enormous  benefits 
to  the  wealthy,  and  will  provide  benefits  to 
big  business  that  ultimately  will  far  exceed 
a  level  which  could  be  justified. 

Budget  Director  Stockman  was  absolutely 
correct  when  he  said  that  the  Kemp-Roth 
supply  side  tax  cut  "was  always  a  trojan 
horse  to  bring  down  the  top  rate"  of  federal 
tax.  The  business  tax  cut  in  its  final 
version  includes  a  wide  range  of  special 
deductions  and  credits  designed  to  give 
multi-million  and  billion  dollar  bonuses  to 
select  groups  in  the  business  community. 
Relief  for  the  wealthy.  Bonuses  for  the 
corporate  giants  who  can't  afford  new 
capital  investment,  but  who  can  quickly 
generate  billions  of  dollars  to  buy  and  sell 
one  another.  This  new  federal  tax  policy  I 
believe  is  unjustified. 

But  beyond  that,  the  decision  of  the 
federal  government  to  sharply  reduce  its 
exercise  of  the  power  to  tax  will  have  a 
devastating  impact  on  the  states.  All 
across  this  country,  states  have  one  or  more 
taxes  which  in  effect  piggyback  on  their 
federal  counterparts.  Thus,  a  federal 
policy  of  reduced  tax  liability  affects 
state  revenues  as  well.  The  one  small  area 
of  accelerated  depreciation  has  received 
considerable  attention  in  the  last  several 
months.   But  is  only  the  beginning  of  a 
general  erosion  of  state  revenue  in  the 
corporate  and  estate  tax  areas  which  will 
occur  over  the  next  five  years.  This  fact, 
coupled  with  the  transfer  of  responsiblities 


HOUSE  JOURNAL  17NOV81 


to  the  states  means  that  over  the  long-term 
we  here  in  New  Hampshire  must  develop  our 
own  coherent  tax  policy. 

The  second  long-term  issue  leads  to  the 
same  conclusion.  This  issue  is  the  fact 
that  we  have  a  long-term  revenue  problem  in 
New  Hampshire.  Had  it  not  been  for  the 
introduction  of  the  Business  Profits  Tax, 
state  revenue  growth  in  the  last  15  years 
would  not  have  kept  pace  with  inflation  and 
population  growth  in  New  Hampshire.  In 
addition,  the  tendency  to  resolve  immediate 
budget  problems  by  minor  adjustments  to 
existing  taxes  have,  over  time,  obscured  any 
coherent  policy  which  might  have  once 
existed.  Nowhere  is  this  more  evident  than 
in  the  passage  of  the  minimum  business 
profits  tax  —  a  tax  which  has  no  basis  in 
equity,  no  basis  in  responsiveness  to 
federal  changes,  and  in  all  likelihood,  no 
basis  in  the  constitution. 

Once  the  short-term  issues  are  resolved, 
once  we  have  demonstrated  that  we  are 
capable  of  making  the  decisions  which 
squeeze  out  the  excess  in  state  government, 
and  once  we  have  had  time  to  fully  assess 
the  rapidly  changing  federal-state 
relationship,  then  we  must  turn  to  the  issue 
of  tax  policy  and  tax  reform.  To  do  that, 
to  respond  to  these  long-term  issues,  we 
must  be  willing  to  move  beyond  the  code 
words  which  currently  afflict  any  discussion 
of  revenues  in  New  Hampshire.  If  a  public 
figure  stands  up  and  says  we  need  to  talk 
about  tax  policy  or  that  the  state  has  a 
revenue  problem,  then  his  or  her  opponents 
immediately  rush  to  the  barricades  and 
proclaim  that  that  individual  now  worships 
at  the  altar  of  broad-based  tax.  Well,  that 
is  not  true.  The  reliance  on  code  words  has 
meant,  and  continues  to  mean,  that  in  mainy 
areas  of  taxation  other  than  a  sales  or 
income  tax  which  cry  out  for  reform  —  and 
which,  in  light  of  the  federal  government's 
actions,  now  must  be  reformed  —  discussion 
cannot  even  occur,  much  less  action  take 
place. 

Let  us  set  aside  those  code  words,  so 
that  we  can  discuss  and  pursue  the  goals  of 
tax  reform  in  those  areas  that  cry  out  for 
it.   Let  us  set  aside  the  fear  that  the  very 
discussion  of  tax  reform  indicates  some 
hidden  and  preconceived  plan. 

Let  us  set  aside  the  past  practice  of 
ignoring  the  profound  impact  of  what  is 
happening  in  Washington,  instead  of  seeking 
to  understand  its  effect  upon  the  states. 
And  let  us  set  aside  the  habit  of  refusing 
to  make  the  hard  decisions  to  make  state 
government  do  fewer  things,  of  trying 
instead  to  continue  to  do  everything  and  as 
a  result  doing  nothing  well. 

If  we  do  not  set  these  things  aside, 
then  we  most  assuredly  will  wind  up  with  a 
sales  or  an  income  tax  —  not  as  a  vehicle 
of  reform,  but  as  simply  one  more  burden 
added  to  the  heap  of  hodge  podge  taxes 
already  imposed  on  our  citizens. 

In  these  times  when  the  federal 
government  is  making  these  fundamental 
chainges  in  policy  so  hastily,  let  us  make 
whatever  immediate  changes  are  necessary  to 
respond  on  the  state  level.  But  let  us  not 
be  rushed  into  fundamental  changes 
ourselves.  Long-term  change  requires 


careful  long-range  planning,  not  knee-jerk 
reaction. 

When  the  national  recession  burdens  us 
with  depressed  revenues  and  increased 
demands  for  services,  let  us  remember  that 
the  national  economy  also  burdens  our 
citizens,  who  expect  us  to  be  willing  to 
make  the  same  difficult  decisions  they  must 
make  every  day.  They  are  being  forced  to 
make  do  with  less;  so  must  state 
government .  They  can  no  longer  afford  to  do 
everything  they  wish  to  do;  neither  can 
state  government. 

This  will  not  be  an  easy  session. 
Difficult  choices  which  were  postponed  last 
June  can  be  postponed  no  longer.  If  the 
collective  will  of  state  government  should 
fail  now,  then  we  will  have  a  budget  that 
will  be  further  and  further  out  of  balance; 
we  will  have  legitimate  needs  which  will  go 
unmet,  and  illegitimate  ones  which  will 
continue  to  be  funded;  we  will  be 
ill-prepared  to  either  understand  or  respond 
to  the  realities  of  the  "New  Federalism"; 
and  we  will  all  see  the  consequences  of  that 
failure  of  will.  We  will  see  it  in  the 
declining  quality  of  services  which  we 
deliver.  We  will  see  it  on  the  budget 
balance  sheet.  We  will  see  it  in  our  bond 
rating.  And  ultimately,  we  will  see  it  in  a 
loss  of  confidence  in  all  of  us  from  the 
voters  who  gave  us  the  responsibility  to 
lead  and  to  serve. 

We  are  all  politicians,  and  before  the 
next  election  there  will  be  ample  time  for 
political  and  partisan  debate  on  budget 
issues.  But  if  we  allow  the  common  work 
which  we  must  now  undertake  to  immediately 
be  obscured  by  politics,  then  almost 
assuredly,  we  will  fail.  I  neither  ask,  nor 
expect  every  proposal  which  I  have  made 
today,  or  every  one  of  the  many  budget 
reductions  which  I  will  propose  in  the  next 
several  weeks  to  receive  your  endorsement. 
But  I  do  ask  and  expect  all  of  us  to 
recognize  that  we  are  now  about  a  common 
business,  and  that  the  common  interest  of 
the  state  must  outweigh  our  individual 
political  interest.   I  pledge  to  you  an  open 
door,  and  an  open  mind  to  the  thoughts  and 
the  suggestions  and   the  proposals  of  friend 
and  foe  alike.   I  ask  you  to  make  a  similar 
commitment,  and  I  wish  you  well. 

Thank  you  very  much. 

The  Joint  Convention  arose. 


HOUSE 

INTRODUCTION  OF  GUESTS 

Eighth  grade  students  from  Keene  Junior 
High  School,  Oran  Barber  sind  Hark  Somerset, 
guests  of  Rep.  Barber;  Mr.  Neal  Werth  and 
Gayle  Ann  Gauvin,  guest  and  daughter  of  Rep. 
Gauvin;  Harrison  Workman  of  Portsmouth, 
guest  of  Rep.  John  Hynes. 


10 


HOUSE  JOURNAL  17NOV81 


RESIGNATIONS 

John  B.  Tucker 
Speaker 

Dear  Mr.  Speaker: 

This  will  serve  as  my  official 
resignation  from  the  New  Hampshire  General 
Court  effective  immediately. 

As  you  know,  I  entered  the  University  of 
Tulsa  College  of  Law  this  semester  which 
makes  it  impossible  for  me  to  participate  as 
a  state  legislator  as  I  should.   I  apologize 
for  not  having  resigned  before  the  November 
elections.  Hopefully  an  interim  election 
can  be  held  soon  so  that  District  7  of 
Strafford  County  can  be  represented  in  the 
General  Court. 

I  have  been  reading  in  the  Manchester 
Union  Leader  that  a  special  session  of  the 
legislature  has  been  called  by  the  Governor 
and  Executive  Council  for  November  17  to 
deal  with  the  federal  block  grants  and  the 
budget.   I  hope  that  the  revenue  situation 
will  be  finally  resolved  in  this  session. 

I  look  forward  to  seeing  you  when  I  am 
in  New  Hampshire  for  the  holidays. 

Rep.  Richard  D.  Morrissette 
Strafford  District  7 

John  B.  Tucker 
Speaker 

Dear  Mr.  Speaker: 

After  considerable  thought  and 
reflection,  I  have  decided  to  announce  my 
resignation  as  a  member  of  the  New  Hampshire 
House,  effective  immediately. 

I  do  so  for  personal  reasons  and  a 
desire  to  make  a  career  change  in  the  near 
future. 

I  would  like  to  express  my  gratitude  to 
you  for  your  friendship  and  support  over 
these  past  few  years.   I  have  enjoyed 
working  with  you  even  in  these  difficult 
times. 

Please  express  my  thanks  and  admiration 
to  each  and  every  member  of  the  House.   I 
consider  myself  fortunate  to  have  had  the 
opportunity  to  work  with  so  many  fine 
individuals  on  both  sides  of  the  aisle.  New 
Hampshire  is  well  served  by  their  dedication 
and  hard  work . 

Best  of  luck  to  all  in  the  years  to  come. 
Sincerely, 

Rep.  Michael  C.  Hanson 
Belknap  District  5 

COMMUNICATION 

James  A.  Chandler 
House  Clerk 

Dear  Mr.  Chandler: 

On  November  17,  1981  the  following 
representatives-elect  appeared  before  the 
Governor  and  Council  and  were  sworn  into 
office: 

Hills.  Dist.  No.  18  (Nashua-Ward  3) 

Nancy  M.  Ford,  r,  Nashua  (57  Raymond 
Street)  03060 


Hills.  Dist.  No.  26  (Manchester-Ward  2) 

Raymond  F.  Carpenter,  r,  Manchester  (283 
North  Street)  03104 

Sincerely, 
William  M.  Gardner 
Secretary  of  State 

The  Speaker  introduced  the  new  members. 

Rep.  French  offered  a  resolution. 

HOUSE  RESOLUTION  NO.  1 

adopting  rules  for  the  1981-82 
Special  Session. 

RESOLVED,  that  the  House  adopt  the  rules 
of  the  1981  Regular  Session  as  printed  in 
the  Black  Book  with  the  following  amendments. 

Amend  Rule  28(b)  by  deleting  the  words: 
or  on  the  next  day  on  which  the  House  shall 
be  in  session  within  one-half  hour  after  the 
convening  of  the  early  session  and  any  such 
notice  of  reconsideration  shall  be  effective 
for  three  legislative  days  only,  so  that 
said  section  b  will  read  as  follows: 

(b)  Notice  of  a  motion  for 
reconsideration  shall  be  in  order  only  when 
given  to  the  House  in  open  session  prior  to 
adjournment  on  the  same  day  on  which  the 
vote  was  passed  and  any  such  notice  of 
reconsideration  shall  be  effective  only  on 
the  same  day  on  which  the  vote  was  passed 
and  thereafter  shall  be  null  and  void. 

Reconsideration  of  any  bills  subject  to 
a  transfer  date  established  by  joint  rules 
must  be  acted  upon  on  or  before  the  joint 
rule  deadline,  and  thereafter  shall  be  null 
and  void. 

Amend  Rule  38  by  deleting  the  third 
sentence  of  the  first  paragraph. 

Amend  Rule  43  by  deleting  the  second 
paragraph. 

Amend  Rule  46  by  deleting  the  entire 
rule  and  inserting  the  following: 

46.   (a)  Drafting  Deadlines.  No  request 
by  a  member  of  the  House  for  drafting  a 
bill,  joint  resolution  or  House  Resolution, 
or  bill  of  intent  proposing  that  the  House 
take  a  policy  position  shall  be  accepted  by 
the  Legislative  Drafting  Service  for 
processing  unless  the  subject  matter  of  the 
legislation,  with  complete  information  as  to 
details,  has  been  approved  by  the  Rules 
Committee. 

(b)  Introduction  Deadlines 

(1)  Any  bill  or  resolution  providing 
for  new  state  revenue,  for  a  change  in  any 
existing  state  revenue  statute,  or 
containing  an  appropriation,  may  not  be 
introduced  into  the  House  later  than  the 
second  legislative  day  and  must  be  signed 
off  in  Legislative  Services  one  business  day 
prior. 

(2)  Bills  of  Intent  may  be  introduced 
into  the  House  at  any  time  prior  to  any 
deadline  established  by  Joint  Rules  for  the 
transfer  of  bills  out  of  the  first  body. 


HOUSE  JOURNAL 17NOV81 


11 


(c)  Exceptions 

(1)  Notwithstanding  the  provisions  of 
House  Rule  45  (a)  and  (b),  a  House  bill, 
House  joint  resolution,  House  Bill  of  Intent 
or  House  concurrent  resolution  may  be 
accepted  by  Legislative  Services  for 
drafting  and  introduced  into  the  House  at 
any  time  prior  to  the  deadline  established 
by  Joint  Rules  for  the  transfer  of  bills  out 
of  the  first  body  if  approved  by  a  majority 
of  the  House  Rules  Committee. 

(2)  House  resolutions  proposing  that 
the  House  take  a  policy  position  may  be 
accepted  for  drafting  and  introduced  into 
the  House  at  any  time  after  the  deadline  for 
introduction  of  bills  and  resolutions  if 
approved  by  a  majority  of  the  House  Rules 
Committee. 

Amend  Rule  5*4  by  deleting  the  entire 


Amend  Rule  57  by  deleting  the  entire 
rule  and  inserting  the  following: 

57.  All  House  bills  referred  to 
committees  shall  be  put  on  the  calendar  for 
action  no  later  than  the  sixth  legislative 
day  or  any  other  day  set  by  joint  rules  for 
the  transfer  of  bills  from  the  first  to  the 
second  house. 

Amend  Rules  58  and  59  by  deleting  the 
entire  rules. 

Amend  Rule  61,  by  deleting  the  last 
paragraph. 

EXPLANATION  OF  RULES  CHANGES  PROPOSED  BY 
RULES  COMMITTEE: 

Rule  28  is  amended  to  permit 
reconsideration  only  on  the  day  the  original 
action  was  taken  in  recognition  that  a 
Special  Session  is  limited  to  15  days  and 
the  possibility  there  could  be  several  days 
between  sessions. 

Rule  38  is  amended  to  remove  a  calendar 
date  that  is  inappropriate. 

Rule  43  is  amended  to  remove  all 
references  to  calendar  days  concerning 
hearings. 

Rule  16  is  amended  to  remove  all 
calendar  dates  concerning  the  introduction 
of  legislation  and  limits  the  drafting  and 
introduction  of  bills  to  those  approved  by 
the  Rules  Committee.  The  deadline  for 
introduction  of  bills  is  the  second 
legislative  day  of  the  Special  Session. 

Rules  54,  58  and  59  are  omitted  because 
of  the  limited  number  of  session  days  and 
inappropriate  calendar  dates. 

Rule  61  is  amended  to  remove  an 
inappropriate  date. 

Rule  57  is  amended  to  require  Committees 
to  report  all  House  Bills  by  the  sixth 
legislative  day. 


Amendment 

Amend  House  Rule  15  by  striking  out  said 
rule  and  inserting  in  place  thereof  the 
following: 

45  All  bills  and  joint  resolutions 
appropriating  state  money  which  have  been 
favorably  reported  from  any  committee  shall 
be  referred  to  the  Committee  on 
Appropriations.   If  any  such  bills  or 
resolutions  have  been  referred  jointly  to 
the  Committee  on  Appropriations  and  another 
standing  committee,  the  Committee  on 
Appropriations  may  report  separately  and  no 
further  hearing  shall  be  required  by  the 
committee  on  Appropriations.  All 
appropriations  based  upon  the  budget  to  be 
paid  from  taxes  or  revenues  shall  be 
incorporated  in  a  single  bill  which  shall  be 
called  the  general  appropriation  bill  and 
which  shall  contain  only  items  of 
appropriation.  The  House  may  increase, 
decrease,  add  or  omit  items  of  appropriation 
in  the  supplementary  budget  but  may  not  in 
the  exercise  of  this  power  insert,  repeal  or 
amend  laws  of  general  applicability. 
Non-germane  amendments,  sections  and 
footnotes  (except  footnotes  in  explanation 
of  the  principle  text  or  designating  the  use 
or  restriction  of  any  funds  or  portions 
thereof)  are  prohibited  and  shall  not  be 
allowed  under  any  circumstances. 

The  Clerk  read  the  amendment . 

Rep.  Hall  explained  her. amendment . 

Rep.  Chase  spoke  in  favor  of  the 
amendment  and  yielded  to  questions. 

Reps.  LaMott  and  Kidder  spoke  against 
the  amendment . 

Rep.  Chambers  spoke  in  favor  of  the 
amendment  and  yielded  to  questions. 

Rep.  Sackett  spoke  in  favor  of  the 
amendment . 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS  221   NAYS   1 17 

YEAS  221 

BELKNAP:  Birch,  Bolduc,  Gary  Dionne, 
Hildreth,  Holbrook,  Lamprey,  Randall, 
Rollins  and  Zeckhausen. 

CARROLL:   Allen,  Barringer,  Chase,  Heath  and 
Howard . 

CHESHIRE:  Barber,  Crane,  Daniel  Eaton, 
Eisengrein,  Hickey,  Kennedy,  Lynch,  Matson, 
Miller,  O'Connor,  Perry,  Proctor,  William 
Riley,  Rouillard  and  Patricia  Russsll. 

COOS:  Brideau,  Brungot,  Langley,  Mayhew, 
Theriault  and  Valliere. 


Rep.  French  yielded  to  questions. 
Rep.  Hall  offered  an  amendment. 


GRAFTON:   Armstrong,  Buckman,  Nelson 
Chamberlin,  Chambers,  Christy,  Clark, 
Copenhaver,  Crory,  Hammond,  Michael  King, 
Lynde,  Melendy,  Seely,  Glyneta  Thomson,  Ward 
and  Roger  Wood. 


12 


HOUSE  JOURNAL  17NOV81 


HILLSBOROUGH:   Abrams,  Debora  Ahern,  Richard 
Ahern,  Ahlgren,  Ahrens,  Arnold,  Brack, 
Burkush,  Casinghino,  Charpentier,  Cronin, 
Crotty,  DeForte,  Dolbec,  Donovan,  Duval, 
Clyde  Eaton,  Joseph  Eaton,  Gagnon,  Richard 
Galway,  Gelinas,  Granger,  Sal  Grasso,  Hall, 
James  Hardy,  Healy,  Hendrick,  Horan,  Howard 
Humphrey,  Kaklamanos,  Kashulines, 
Katsiaficas,  Keefe,  Labombarde,  Lawrence 
Leclerc,  Lefebvre,  Madigan,  Martineau, 
Howard  Mason,  McGlynn,  Messier,  Mulligan, 
Nardi,  Naro,  Chris  Papadopoulos,  George 
Papadopoulos,  Aime  Paradis,  Pariseau, 
Pastor,  Plomaritis,  Denise  Raiche,  Maureen 
Raiche,  Robie,  Roy,  Sallada,  Silva,  B.  P. 
Smith,  Edward  Smith,  Leonard  Smith,  Soucy, 
Spirou,  Stone,  Stylianos,  Mary  Sullivan, 
Sweeney,  Marianne  Thompson,  Turgeon,  Vachon, 
Ware,  Watson,  Emma  Wheeler,  Kenneth  Wheeler, 
Robert  Wheeler,  James  J.  White,  M.  Arnold 
Wight,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Bodi,  Laurent 
Boucher,  Brady,  Carroll,  Daniell,  Dean, 
Degnan,  Hanus,  Lewis,  Morse,  Nichols,  Jaimes 
O'Neill,  Paire,  Rayno,  Margaret  Roberts, 
William  Roberts,  Stark,  Lawrence  Sullivan, 
Mary  Jane  Wallner  and  Ashton  Welch. 

ROCKINGHAM:  Aeschlijnan,  Appel,  Blake, 
Blanchette,  Burdick,  Butler,  Cahill, 
Carpenito,  Connors,  Cotton,  Espinola, 
Flanders,  Gould,  Gretsch,  Hollingworth,  John 
Hynes,  Jackson,  Kelley,  Kozacka,  Krasker, 
LoFranco,  Love joy,  Joseph  MacDonald,  Robert 
Mason,  Norman  Myers,  Pantelakos,  Pevear, 
Rand,  Read,  Myrtle  Rogers,  Splaine,  Tufts, 
War burton,  Wojnowski  and  Christopher  Wood. 

STRAFFORD:   Appleby,  Belhumeur,  Bernard, 
Bickford,  Blouin,  Chagnon,  James  Chamberlin, 
Creteau,  James  Demers,  Demetracopoulos, 
Phyllis  DeNafio,  Teresa  DeNafio,  Albert 
Dionne,  Donnelly,  Drew,  Anita  Flynn,  Gauvin, 
Hennessey,  Kincaid,  Maglaras,  Mooradian, 
Pageotte,  Sackett,  Schreiber,  Donald  Smith, 
Franklin  Torr  and  Whitehead. 

SULLIVAN:  Brodeur,  David  Campbell,  Cutting, 
D'Amante,  Gordon  Flint,  Forrest,  Sim  Gray, 
LeBrun  and  Quinlan. 

NAYS  117 

BELKNAP:  Bowler,  French,  Earle  Hardy, 
Pearson,  Rich  and  David  Whittemore. 

CARROLL:  Keller  and  Kenneth  MacDonald. 

CHESHIRE:  Baybutt,  Gordon,  Lane,  Margaret 
Ramsay,  Scranton  and  Jean  White. 


Peter  Ramsey,  Record,  G.  Philip  Rodgers, 
William  Russell,  Steiner,  Tamposi  and  Van 
Loan. 

MERRIMACK:  Bibbo,  Bowes,  John  Gate,  Milton 
Gate,  Holmes,  James  Humphrey,  Kidder,  Locke, 
David  Packard,  Parker,  Doris  Riley,  Savaria, 
Stio,  Stockman,  Trachy,  Waters,  James 
Whittemore,  Wiviott  and  Zimmerman. 

ROCKINGHAM:  Benton,  Blaisdell,  William 
Boucher,  Marilyn  Campbell,  Cote,  Day, 
Ellyson,  Felch,  Flanagan,  Beverly  Gage, 
Thomas  Gage,  Greene,  Kane,  Roger  King, 
Lockhart,  Mace,  Nevins,  Parr,  Quimby, 
Scamman,  Schmidtchen,  Shurtleff,  Skinner, 
Stimmell,  Sytek,  Tavitian,  Vartanian, 
Wolfsen  and  Raymond  Wood. 

STRAFFORD:   Meader. 

SULLIVAN:   Leonard  Gray,  Ingram,  Palmer, 
Spaulding  and  Townsend,  and  the  amendment 
was  adopted. 

Rep.  Stio  notified  the  Clerk  that  he 
inadvertently  voted  nay  and  meant  to  vote 
yea. 

Reps.  Woodman  and  Hoar  notified  the 
Clerk  that  they  wished  to  be  recorded  in 
favor  of  the  amendment . 

Question  being  on  the  adoption  of  HR  1 , 
adopting  rules  for  the  1981-82  Special 
Session  as  amended. 

Adopted . 

Rep.  Baybutt  offered  the  following: 

HOUSE  RESOLUTION  NO.  2 

RESOLVED,  that  the  House  ratify  the 
actions  of  the  Rules  Committee  taken  prior 
to  the  convening  of  Special  Session  in  which 
it  screened  requests  for  drafting  and 
introduction;  and  the  action  of  the 
Committees  on  Appropriations  and  Commerce 
and  Consumer  Affairs  in  holding  public 
hearings  on  HB  1,  relative  to  PAU  transfers, 
certain  amendments  in  the  operating  budget 
and  block  grants,  HB  3.  relative  to  a 
temporary  increase  in  the  state's  short  term 
debt  limitations,  and  HB  4,  relative  to  the 
reenaotment  of  RSA  371  and  condemnation 
proceedings  of  public  utilities. 

Adopted. 

Rep.  Townsend  offered  the  following: 

HOUSE  RESOLUTION  NO.  3 


COOS:  Beaulac,  Bums,  Chappell,  Chardon, 
Richard  Demers,  Lawrence  Quay,  Korton, 
George  Lemire,  Oleson,  Wiswell  and  York. 

GRAFTON:  Driscoll,  Myrl  Eaton,  LaMott, 
Logan,  Look,  Mann,  Mansfield,  Pepitone, 
Rounds,  Taffe  and  Walter. 

HILLSBOROUGH:  Ainley,  Amidon,  Bosse, 
Bridgewater,  Carpenter,  Carragher,  Carswell, 
Coutermarsh,  Duffett,  Ford,  Head,  Heald, 
Klzala,  Knight,  Levesque,  Mazur,  Milton 
Meyers,  Murray,  Norman  Packard,  Peters, 


RESOLVED,  that  all  action  taken  at  all 
sessions  of  the  House  of  Representatives  be 
recorded  through  the  public  address  system 
on  tape,  said  tapes  to  be  used  by  the  House 
and  the  Clerk,  within  three  legislative 
days,  to  confirm  and  correct  the  permanent 
Journal.  The  permanent  Journal  as  thus 
prepared  by  the  Cleric  as  corrected  by  the 
House  shall  be  the  official  record  of  the 
House,  and  be  it  further 

RESOLVED,  that  the  Committee  on  the 
Journal  be  authorized  to  examine  the 
permanent  Journal  of  the  last  day  of  the 


HOUSE  JOURNAL 17NOV81 


13 


session,  as  prepared  by  the  Clerk,  and  make 
corrections  of  the  same. 

Adopted. 

Rep.  Meader  offered  the  following: 

HOUSE  RESOLUTION  NO.  4 

RESOLVED,  that  the  following  policy  be 
established  for  the  distribution  of  House 
Journals,  bills  and  joint  resolutions  to 
legislative  agents,  corporations  and  other 
persons,  except  the  members  of  the  General 
Court  and  state  departments: 

1.  Every  citizen  is  entitled  to  one 
copy  of  any  publication  free  of  charge  at 
the  legislative  counter  or  to  have  the  same 
mailed  to  him  free  of  charge  upon  individual 
request  for  such  one  copy. 

2.  Persons  requesting  copies  of  all 
publications  delivered  complete  for  the 
entire  session  will  be  charged  a  fee 
sufficient  to  cover  postage,  envelopes  and 
handling.  Such  fees  may  be  prorated  where 
service  is  received  for  portions  of  the 
session  only.  All  fees  are  payable  in 
advance. 

3.  All  fees  charged  hereunder  shall  be 
fixed  by  the  Sergeant-at-Arms  with  the 
approval  of  the  Speaker  and  shall  be 
collected  by  the  Sergeant-at-Arms  and  paid 
in  to  the  state  treasury  and  credited  to  the 
legislative  appropriation. 

Adopted . 

Rep.  Bosse  offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk.  House 
Bills  numbered  1  through  5,  their 
introduction  having  been  approved  by  the 
Rules  Committee,  shall  be  by  this  resolution 
read  a  first  and  second  time  by  the  therein 
listed  titles,  sent  for  printing,  and 
referred  to  the  therein  designated 
committees. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

KB  1,  relative  to  PAU  transfers,  certain 
amendments  in  the  operating  budget  and  block 
grants.   (Kidder  of  Merrimack  Dist.  1;  Sen. 
Bergeron  of  Dist.  6;  Sen.  Sanborn  of  Dist. 
17  -  To  Appropriations/Senate  Finance) 

HB  2,  reapportioning  the  house  of 
representatives  and  delegates  to  state 
conventions.   (Chase  of  Carroll  Dist.  4  -  To 
Special  Committee  on  Reapportionment) 

HB  3>  relative  to  a  temporary  increase 
in  the  state's  short  term  debt  limitation. 
(Kidder  of  Merrimack  Dist.  1;  Sen.  Bergeron 
of  Dist.  6;  Sen.  Sanborn  of  Dist.  17  -  To 
Appropriations/Senate  Finance) 

HB  4,  relative  to  the  reenactment  of  RSA 
371  and  condemnation  proceedings  of  public 
utilities.   (French  of  Belknap  Dist.  1;  Sen. 
Sanborn  of  Dist.  17  -  To  Commerce  aind 
Consumer  Affairs) 

HB  5,  relieving  candidates  who  do  not 
expend  more  than  $500  from  filing  statements 
under  RSA  664.   (French  of  Belknap  Dist.  1  - 
To  Statutory  Revision) 


SUSPENSION  OF  RULES 

Reps.  Baybutt  and  Spirou  moved  that  the 
rules  be  so  far  suspended  as  to  permit 
consideration  at  the  present  time  of  HB  1, 
relative  to  PAU  transfers,  certain 
amendments  in  the  operating  budget  and  block 
grants,  HB  3,  relative  to  a  temporary 
increase  in  the  state's  short  term  debt 
limitation,  and  HB  4,  relative  to  the 
reenactment  of  RSA  371  and  condemnation 
proceedings  of  public  utilities,  without  the 
required  notice  in  the  calendar. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORTS 

HB  1,  relative  to  PAU  transfers,  certain 
amendments  in  the  operating  budget  and  block 
grants.  Ought  to  Pass. 

Essential  amendments  to  the  operating 

budget  for  1982  and  1983.  Rep.  William 

F.  Kidder  for  Appropriations. 

Reps.  Kidder,  LaMott,  Keller, 
Sohmidtchen  and  Kane  explained  the  committee 
report. 

(Speaker  Pro  Tem  in  the  Chair) 

Rep.  Head  explained  the  committee  report 
and  yielded  to  questions. 

Reps.  Sackett,  Margaret  Ramsay,  Scranton 
and  Nardi  explained  the  committee  report. 

(Speaker  in  the  Chair) 

Rep.  Daniell  spoke  against  the  committee 
report. 

Rep.  Baybutt  spoke  in  favor  of  the 
committee  report. 

Rep.  French  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

Question  being  on  the  committee  report. 
Rep.  Kidder  requested  a  roll  call. 
Sufficiently  seconded. 

Rep.  Lockhart  abstained  from  voting 
under  Rule  16. 

(Speaker  presiding) 

YEAS  321   NAYS  3 

YEAS  321 

BELKNAP:  Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Hildreth, 
Holbrook,  Lamprey,  Pearson,  Randall,  Rich, 
Rollins,  Sanders,  David  Whittemore  and 
Zeckhausen. 

CARROLL:  Allen,  Barringer,  Chase,  Heath, 
Keller  and  Kenneth  MacDonald. 

CHESHIRE:  Barber,  Baybutt,  Crane,  Jesse 
Davis,  Daniel  Eaton,  Eisengrein,  Gordon, 
Mickey,  Kennedy,  Lane,  Lynch,  Matson, 
Miller,  O'Connor,  Perry,  Proctor,  Margaret 
Ramsay,  William  Riley,  Rouillard,  Patricia 
Russell,  Scranton  cind  Jean  White. 

COOS:  Brideau,  Brungot,  Burns,  Chappell, 
Chardon,  Richard  Demers,  Lawrence  Guay, 
Horton,  Langley,  George  Lemire,  Mayhew, 
Oleson,  Theriault,  Valliere  and  Wiswell. 


14 


HOUSE  JOURNAL  17NOV81 


GRAFTON:   Armstrong,  Nelson  Chamberlin, 
Chambers,  Christy,  Copenhaver,  Crory, 
Driscoll,  Myrl  Eaton,  Hammond,  Michael  King, 
LaMott,  Logan,  Look,  Lynde,  Mann,  Mansfield, 
Melendy,  Pepitone,  Rounds,  Seely,  Taffe, 
Glyneta  Thomson,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Abrams,  Debora  Ahern,  Richard 
Ahern,  Ahlgren,  Ahrens,  Ainley,  Amidon, 
Arnold,  Bosse,  Brack,  Bridgewater,  Burkush, 
Carpenter,  Carragher,  Carswell,  Casinghino, 
Charpentier,  Cronin,  Crotty,  DeForte, 
Dolbec,  Donovan,  Duffett,  Duval,  Joseph 
Eaton,  Ford,  Gagnon,  Richard  Galway, 
Gelinas,  Granger,  Sal  Grasso,  Hall,  James 
Hardy,  Head,  Heald,  Healy,  Hendrick,  Horan, 
Howard  Humphrey,  Kashullnes,  Katsiafioas, 
Keefe,  Kizala,  Knight,  Labombarde,  Lawrence, 
Leclerc,  Lefebvre,  Levesque,  Madigan, 
Martineau,  Mazur,  McGlynn,  Messier, 
Mulligan,  Murray,  Nardi,  Naro,  Aime  Paradis, 
Pariseau,  Pastor,  Peters,  Plomaritis,  Denise 
Raiche,  Maureen  Raiche,  Record,  Robie,  G. 
Philip  Rodgers,  Roy,  William  Russell, 
Sallada,  Silva,  B.  P.  Smith,  Edward  Smith, 
Leonard  Smith,  Soucy,  Spirou,  Steiner, 
Stone,  Stylianos,  Mary  Sullivan,  Sweeney, 
Tamposi,  Marianne  Thompson,  Turgeon,  Vachon, 
Van  Loan,  Wallace,  Ware,  Watson,  Emma 
Wheeler,  Kenneth  Wheeler,  Robert  Wheeler, 
James  J.  White,  M.  Arnold  Wight,  Winn  and 
Zajdel. 

MERRIMACK:   Bellerose,  Blbbo,  Bodi,  Laurent 
Boucher,  Bowes,  Brady,  John  Gate,  Milton 
Gate,  Dean,  Degnan,  Hanus,  Holmes,  James 
Humphrey,  Kidder,  Lewis,  Locke,  Morse, 
Nichols,  James  O'Neill,  David  Packard, 
Paire,  Parker,  Rayno,  Doris  Riley,  Margaret 
Roberts,  William  Roberts,  Savaria,  Stark, 
Stio,  Stockman,  Lawrence  Sullivan,  Trachy, 
Rick  Trembly,  Mary  Jane  Wallner,  Waters, 
Ashton  Welch,  James  Whittemore  and  Wiviott. 

ROCKINGHAM:  Aeschliman,  Appel,  Benton, 
Blaisdell,  Blake,  Blanchette,  William 
Boucher,  Burdick,  Butler,  Cahill,  Marilyn 
Campbell,  Carpenito,  Connors,  Cote,  Cotton, 
Day,  Ellyson,  Espinola,  Flanagan,  Flanders, 
Beverly  Gage,  Thomas  Gage,  Gould,  Greene, 
Gretsch,  Hoar,  Hollingworth,  John  Hynes, 
Jackson,  Kane,  Kelley,  Roger  King,  Kozacka, 
Krasker,  LoFranco,  Lovejoy,  Joseph 
MacDonald,  Mace,  Robert  Mason,  Norman  Myers, 
Nevins,  Pantelakos,  Parr,  Pevear,  Quimby, 
Rand,  Read,  Myrtle  Rogers,  Schmidtchen, 
Skinner,  Splaine,  Stimmell,  Sytek,  Tavitian, 
Tufts,  Vartanian,  Warburton,  Wojnowski, 
Wolf sen,  Christopher  Wood,  Raymond  Wood  and 
Woodman . 

STRAFFORD:   Appleby,  Belhumeur,  Bernard, 
Bickford,  Blouin,  Bouchard,  Chagnon,  James 
Chaaberlin,  Creteau,  Jaaies  Dsaer3, 
Demetracopoulos,  Phyllis  DeNafio,  Teresa 
DeNafio,  Albert  Dionne,  Donnelly,  Anita 
Flynn,  Gauvin,  Hennessey,  Kincaid,  Meader, 
Mooradian,  Pageotte,  Sackett,  Schreiber, 
Donald  Smith,  Franklin  Torr  and  Whitehead. 

SULLIVAN:  Brodeur,  David  Campbell,  Cutting, 
D'Amante,  Gordon  Flint,  Forrest,  Leonard 
Gray,  Ingram,  LeBrun,  Palmer,  Quinlan, 
Spaulding  and  Townsend. 


NAYS  3 

BELKNAP :   None . 

CARROLL :   None . 

CHESHIRE:   None. 

COOS :   None . 

GRAFTON:   Clark. 

HILLSBOROUGH:   Kaklamanos. 

MERRIMACK:   Daniell. 

ROCKINGHAM:   None. 

STRAFFORD:   None. 

SULLIVAN:   None,  and  the  report  was  adopted. 

Rep.  Kidder  offered  an  amendment. 

Amendment 

Amend  the  bill  by  striking  out  section  9 
and  inserting  in  place  thereof  the  following: 

9  Appropriation  for  Special  Session. 
The  sum  of  $200,000  is  hereby  appropriated 
for  the  fiscal  year  ending  June  30,  1982,  to 
be  expended  at  the  direction  of  the 
president  of  the  senate  and  the  speaker  of 
the  house  for  the  purposes  of  a  special 
session  of  the  general  court.  The  governor 
is  authorized  to  draw  his  warrant  for  said 
sum  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

The  Clerk  read  the  amendment. 
Rep.  Kidder  explained  the  amendment. 
Amendment  adopted. 
Ordered  to  third  reading. 

Rep.  Zinunerman  notified  the  Clerk  that 
he  wished  to  be  recorded  in  favor  of  the 
committee  report  on  HB  1 . 

HB  3,  relative  to  a  temporary  increase 
in  the  state's  short  term  debt  limitation. 
Ought  to  Pass. 

Increases  the  short  term  debt  limit  from 
$40,000,000  to  $60,000,000  until  June 
30,  1983.   Rep.  William  F.  Kidder  for 
Appropriations. 

Rep.  Wiviott  explained  the  committee 
report. 

Rep.  Granger  moved  that  the  words. 
Inexpedient  to  Legislate,  be  substituted  for 
the  committee  report.  Ought  to  Pass,  spoke 
to  his  motion  and  yielded  to  questions. 

Rep.  French  spc^e  against  the  notion. 

Rep.  Christy  spoke  in  favor  of  the 
motion. 

Rep.  Horan  moved  that  further 
consideration  on  HB  3  be  postponed  to  the 
second  legislative  day  of  the  special 
session  and  spoke  to  his  motion. 

Rep.  Spirou  spoke  against  the  motion  and 
yielded  to  questions. 

Reps.  Ward  and  Randall  spoke  against  the 
motion. 

Rep.  Scamman  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 


HOUSE  JOURNAL  17NOV81 


15 


Rep.  Horan  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  21   NAYS  321 

YEAS  21 

BELKNAP :  None . 

CARROLL:   Allen. 

CHESHIRE:  Kennedy  and  O'Connor. 

COOS:  Chappell. 

GRAFTON:   Clark  and  Glyneta  Thomson. 

HILLSBOROUGH:   Bridgewater,  Charpentier, 
Richard  Galway,  Granger,  Horan,  G.  Philip 
Rodgers,  Steiner  and  Kenneth  Wheeler. 

MERRIMACK:   Daniell  and  Margaret  Roberts. 

ROCKINGHAM:   Ellyson,  Myrtle  Rogers  and 
Woodman. 

STRAFFORD:   None. 

SULLIVAN:   Brodeur  and  Sim  Gray. 

NAYS  321 

BELKNAP:   Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Hildreth, 
Holbrook,  Lamprey,  Pearson,  Randall,  Rich, 
Rollins,  Sanders,  David  Whittemore  and 
Zeckhausen. 

CARROLL:  Barringer,  Chase,  Heath,  Howard, 
Keller  and  Kenneth  MacDonald. 

CHESHIRE:   Barber,  Baybutt,  Crane,  Jesse 
Davis,  Daniel  Eaton,  Eisengrein,  Gordon, 
Hickey,  Johnson,  Lane,  Lynch,  Matson, 
Miller,  Perry,  Proctor,  Margaret  Ramsay, 
William  Riley,  Rouillard,  Patricia  Russell, 
Scranton  and  Jean  White. 

COOS:   Beaulac,  Brideau,  Brungot,  Bums, 
Chardon,  Richard  Demers,  Lawrence  Guay, 
Horton,  Langley,  Mayhew,  Oleson,  Theriault, 
Valliere,  Wiswell  and  York. 

GRAFTON:   Armstrong,  Buckman,  Nelson 
Chamberlin,  Chambers,  Christy,  Copenhaver, 
Crory,  Driscoll,  Hammond,  Michael  King, 
LaMott,  Logan,  Look,  Lynde,  Mann,  Mansfield, 
Melendy,  Pepitone,  Rounds,  Seely,  Taffe, 
Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Abrams,  Debora  Ahem,  Richard 
Ahem,  Ahlgren,  Ahrens,  Ainley,  Amidon, 
Arnold,  Baker,  Bosse,  Brack,  Burkush, 
Carpenter,  Carragher,  Carswell,  Casinghino, 
Coutermarsh,  Cronin,  Crotty,  DeForte, 
Dolbec,  Donovan,  Duffett,  Duval,  Clyde 
Eaton,  Joseph  Eaton,  Ford,  Gagnon,  Gelinas, 
Sal  Grasso,  Hall,  James  Hardy,  Head,  Heald, 
Hendrick,  Howard  Humphrey,  Kaklamanos, 
Kashulines,  Katsiaficas,  Keefe,  Kizala, 
Knight,  Labombarde,  Lawrence,  Leclerc, 
Lefebvre,  Roland  Lemire,  Levesque,  Madigan, 
Martineau,  Howard  Mason,  Mazur,  McGlynn, 
Messier,  Milton  Meyers,  Mulligan,  Murray, 
Nardi,  Naro,  Norman  Packard,  Chris 


Papadopoulos,  George  Papadopoulos,  Aime 
Paradis,  Pariseau,  Pastor,  Peters, 
Plomaritis,  Denise  Raiche,  Maureen  Raiche, 
Peter  Ramsey,  Record,  Robie,  Roy,  William 
Russell,  Sallada,  Silva,  B.  P.  Smith,  Edward 
Smith,  Leonard  Smith,  Soucy,  Spirou,  Stone, 
Stylianos,  Mary  Sullivan,  Sweeney,  Tamposi, 
Marianne  Thompson,  Turgeon,  Vachon,  Van 
Loan,  Wallace,  Ware,  Watson,  Emma  Wheeler, 
Robert  Wheeler,  James  J.  White,  M.  Arnold 
Wight,  Winn  and  Zajdel. 

MERRIMACK:   Bellerose,  Bibbo,  Bodi,  Laurent 
Boucher,  Bowes,  Brady,  Carroll,  John  Gate, 
Dean,  Degnan,  Hanus,  Holmes,  James  Humphrey, 
Kidder,  Lewis,  Locke,  Morse,  Nichols,  James 
O'Neill,  David  Packard,  Paire,  Parker, 
Rayno,  Doris  Riley,  Savaria,  Stark,  Stio, 
Stockman,  Lawrence  Sullivan,  Trachy,  Rick 
Trombly,  Underwood,  Mary  Jane  Wallner, 
Waters,  Ashton  Welch,  James  Whittemore, 
Wiviott  and  Zimmerman. 

ROCKINGHAM:   Aeschliman,  Appel,  Benton, 
Blaisdell,  Blake,  Blanchette,  William 
Boucher,  Burdick,  Butler,  Cahill,  Marilyn 
Campbell,  Carpenito,  Connors,  Cote,  Cotton, 
Day,  Espinola,  Felch,  Flanagan,  Flanders, 
Beverly  Gage,  Thomas  Gage,  Gould,  Greene, 
Gretsch,  Hoar,  Hollingworth,  John  Hynes, 
Jackson,  Kane,  Kelley,  Roger  King,  Kozacka, 
Krasker,  Lockhart,  LoFranco,  Lovejoy,  Joseph 
MacDonald,  Mace,  Robert  Mason,  Norman  Myers, 
Pantelakos,  Parr,  Pevear,  Quimby,  Rand, 
Read,  Scamman,  Schmidtchen,  Shurtleff, 
Skinner,  Splaine,  Stimmell,  Sytek,  Tavitian, 
Tufts,  Vartanian,  Warburton,  Wojnowski, 
Wolf sen  and  Raymond  Wood . 

STRAFFORD:  Appleby,  Belhumeur,  Bernard, 
Bickford,  Blouin,  Bouchard,  Chagnon,  James 
Chamberlin,  Creteau,  James  Demers, 
Demetracopoulos,  Phyllis  DeNafio,  Teresa 
DeNafio,  Albert  Dionne,  Donnelly,  Drew, 
Anita  Flynn,  Gauvin,  Hennessey,  Kincaid, 
Maglaras,  Meader,  Mooradian,  Pageotte, 
Sackett,  Schreiber,  Donald  Smith,  Franklin 
Torr  and  Whitehead. 

SULLIVAN:   David  Campbell,  Cutting, 
D'Amante,  Gordon  Flint,  Forrest,  Leonard 
Gray,  Ingram,  LeBrun,  Palmer,  Quinlan, 
Spaulding  and  Townsend,  and  the  motion  lost. 

Question  being  on  the  Granger  motion. 
Inexpedient  to  Legislate. 

Rep.  Kidder  spoke  against  the  motion. 

Rep.  Granger  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  26  NAYS  319 

YEAS  26 

BELKNAP :   None . 

CARROLL:  Allen  and  Heath. 

CHESHIRE:  Kennedy,  Lane  and  O'Connor. 

COOS :  None . 

GRAFTON:   Christy,  Clark,  Myrl  Eaton, 
Hammond  and  Glyneta  Thomson. 


16 


HOUSE  JOURNAL  17NOV81 


HILLSBOROUGH:   Bridgewater,  Richard  Galway, 
Granger,  Horan,  Naro,  Norman  Packard,  Aime 
Paradls,  G.  Philip  Rodgers,  Steiner,  Emma 
Wheeler  and  Kenneth  Wheeler. 

MERRIMACK:  Locke  and  Margaret  Roberts. 

ROCKINGHAM:  Ellyson,  Myrtle  Rogers  and 
Woodman . 

STRAFFORD:   None. 

SULLIVAN:   None. 

NAYS  319 

BELKNAP:  Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Hildreth, 
Holbrook,  Lamprey,  Pearson,  Randall,  Rich, 
Rollins,  Sanders,  David  Whittemore  and 
Zeckhausen. 

CARROLL:   Barringer,  Chase,  Howard,  Keller 
and  Kenneth  MacDonald. 

CHESHIRE:  Barber,  Baybutt,  Crane,  Jesse 
Davis,  Daniel  Eaton,  Eisengrein,  Gordon, 
Hid<ey,  Johnson,  Lynch,  Matson,  Miller, 
Perry,  Proctor,  Margaret  Ramsay,  William 
Riley,  Roiiillard,  Patricia  Russell,  Scranton 
and  Jean  White. 

COOS:  Beaulac,  Brideau,  Brungot,  Bums, 
Chappell,  Chardon,  Richard  Demers,  Lawrence 
Guay,  Horton,  Langley,  George  Lemire, 
Mayhew,  Oleson,  Theriault,  Valliere,  Wiswell 
and  York . 

GRAFTON:   Armstrong,  Buckman,  Nelson 
Chamber lin.  Chambers,  Copenhaver,  Crory, 
Driscoll,  Michael  King,  LaMott,  Logan,  Look, 
Lynde,  Mann,  Mansfield,  Melendy,  Pepitone, 
Rounds,  Seely,  Taffe,  Walter,  Ward  and  Roger 
Wood. 

HILLSBOROUGH:   Abrams,  Debora  Ahern,  Richard 
Ahern,  Ahlgran,  Ahrens,  Ainley,  Amidon, 
Arnold,  Baker,  Bosse,  Brack,  Burkush, 
Carpenter,  Carragher,  Carswell,  Casinghino, 
Charpentier,  Coutermarsh,  Cronin,  Crotty, 
DeForte,  Dolbec,  Donovan,  Duffett,  Duval, 
Joseph  Eaton,  Ford,  Gsignon,  Gelinas,  Sal 
Grasso,  Hall,  James  Hardy,  Head,  Heald, 
Hendrick,  Howard  Humphrey,  Kaklamanos, 
Kashulines,  Katsiaficas,  Keefe,  Kizala, 
Knight,  Labombarde,  LaPierre,  Lawrence, 
Leclerc,  Lefebvre,  Roland  Lemire,  Levesque, 
Madigan,  Martineau,  Howard  Mason,  Mazur, 
McGlynn,  Messier,  Milton  Meyers,  Mulligan, 
Murray,  Nardi,  Chris  Papadopoulos,  George 
Papadopoulos,  Pariseau,  Pastor,  Peters, 
Plomaritis,  Denise  Raiche,  Maureen  Raiche, 
Peter  Ramsey,  Record,  Robie,  Roy,  William 
Russell,  Sallada,  Silva,  B.  P.  Smith,  Edward 
Smith,  Leonard  Smith,  Soucy,  Spirou,  Stone, 
Stylianos,  Mary  Sullivan,  Sweeney,  Tamposi, 
Marianne  Thompson,  Turgeon,  Vachon,  Van 
Loan,  Wallace,  Ware,  Watson,  Robert  Wheeler, 
James  J.  White,  M.  Arnold  Wight,  Winn  and 
Zajdel. 

MERRIMACK:  Bellerose,  Bibbo,  Bodi,  Laurent 
Boucher,  Bowes,  Brady,  Carroll,  John  Gate, 
Milton  Gate,  Daniell,  Dean,  Degnan,  Hanus, 
Holmes,  James  Humphrey,  Kidder,  Lewis, 


Morse,  Nichols,  James  O'Neill,  David 
Packard,  Paire,  Parker,  Rayno,  Doris  Riley, 
Savaria,  Stark,  Stio,  Stockman,  Lawrence 
Sullivan,  Trachy,  Rick  Trombly,  Underwood, 
Mary  Jane  Wallner,  Waters,  Ashton  Welch, 
James  Whittemore,  Wiviott  and  Zimmerman. 

ROCKINGHAM:  Aeschliman,  Appel,  Benton, 
Blaisdell,  Blake,  Blanchette,  William 
Boucher,  Burdick,  Butler,  Cahill,  Marilyn 
Campbell,  Carpenito,  Connors,  Cote,  Cotton, 
Day,  Felch,  Flanagan,  Flanders,  Beverly 
Gage,  Thomas  Gage,  Gould,  Greene,  Gretsch, 
Hoar,  Hollingworth,  John  Hynes,  Jackson, 
Kane,  Kelley,  Roger  King,  Kozacka,  Krasker, 
Lockhart,  LoFranco,  Love joy,  Joseph 
MacDonald,  Mace,  Robert  Mason,  Norman  Myers, 
Pantelakos,  Parr,  Pevear,  Quimby,  Rand, 
Read,  Scamman,  Schmidtchen,  Shurtleff, 
Skinner,  Splaine,  Stimmell,  Sytek,  Tavitian, 
Tufts,  Vartanian,  Warburton,  Wojnowski, 
Wolf sen,  Christopher  Wood  and  Raymond  Wood. 

STRAFFORD:  Appleby,  Belhumeur,  Bernard, 
Bickford,  Blouin,  Bouchard,  Chagnon,  James 
Chamber lin,  Creteau,  James  Demers, 
Demetracopoulos,  Phyllis  DeNafio,  Teresa 
DeNafio,  Albert  Dionne,  Donnelly,  Drew, 
Anita  Flynn,  Gauvin,  Hennessey,  Kincaid, 
Maglaras,  Meader,  Mooradian,  Pageotte, 
Sackett,  Schreiber,  Donald  Smith,  Franklin 
Torr  and  Whitehead. 

SULLIVAN:   Brodeur,  David  Campbell,  Cutting, 
D'Amante,  Gordon  Flint,  Forrest,  Leonard 
Gray,  Sim  Gray,  Ingram,  LeBrun,  Palmer, 
Quinlan,  Spaulding  and  Townsend,  and  the 
motion  lost. 

Question  being  on  the  committee  report. 
Ought  to  Pass. 
Adopted. 
Ordered  to  third  reading. 

HB  H,    relative  to  the  reenactment  of  RSA 
371  and  condemnation  proceedings  of  public 
utilities.  Ought  to  Pass  with  Amendment. 
This  bill  corrects  an  error  in  the 
sunset  review  of  the  Eminent  Domain 
Commission,  passed  during  the  regular 
session.  Vote  11-0.  Rep.  Bonnie  B. 
Brady  for  Commerce  and  Consumer  Affairs. 

Amendment 

Amend  section  3  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

3  Action  Taken  by  Other  Legislation. 
The  amendment  to  RSA  371:15  enacted  by  198I, 
449:1  is  hereby  reaffirmed. 

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

Amendment  adopted. 

Rep.  Guay  offered  an  amendment. 


Amend  the  bill  by  striking  out  section  4 
and  inserting  in  place  thereof  the  following: 

4  Policy  Statement.  In  order  to  assure 
New  Hampshire  and  its  citizens  that  maximum 


HOUSE  JOURNAL 17NOV81 


17 


benefits  will  be  achieved  from  any  eminent 
domain  proceedings  Involved  in  the 
transmission  of  Canadian  power  and  energy  to 
New  Hampshire  and  other  New  England  states 
by  transmission  lines,  pipe  lines  or  other 
modes,  the  public  utilities  commission  shall 
authorize  construction  of  transmission 
facilities  which  will  provide  the  maximum 
amount  of  energy  to  New  Hampshire  in  the 
most  economic  manner  to  assure  the  lowest 
possible  cost  to  the  New  Hampshire 
consumer.  Any  such  transmission  lines  and 
facilities  authorized  shall  provide  a 
predictable  and  acceptable  environmental 
impact,  with  reasonable  benefit  to  the 
landowner. 

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

The  Clerk  read  the  amendment. 

Rep.  Guay  explained  his  amendment. 

Reps.  Quimby,  French  and  M.  Arnold  Wight 
spoke  against  the  amendment. 

Amendment  lost. 

Question  being  on  the  committee  report 
as  amended. 

Adopted. 

Ordered  to  third  reading. 

Reps.  Pepitone  and  Roger  King  notified 
the  Clerk  they  wished  to  be  recorded  in 
favor  of  the  committee  report  on  HB  4. 


business  of  the  late  session  be  in  order  at 
the  present  time,  that  the  reading  of  bills 
be  by  title  only  and  resolutions  by  caption 
only  and  that  all  bills  ordered  to  third 
reading  be  read  a  third  time  by  this 
resolution,  and  that  all  titles  of  bills  be 
the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  and  when  the  House 
adjourn  today  it  be  to  meet  at  the  call  of 
the  Chair. 
Adopted. 

LATE  SESSION 
Third  reading  and  final  passage 

HB  1,  relative  to  PAD  transfers,  certain 
amendments  in  the  operating  budget  and  block 
grants. 

HB  3,  relative  to  a  temporary  increase 
in  the  state's  short  term  debt  limitation. 

HB  4,  relative  to  the  reenactment  of  RSA 
371  and  condemnation  proceedings  of  public 
utilities. 

SB  11,  relative  to  solid  waste 
management  districts. 

Rep.  Bosse  moved  that  the  House  stand  in 
recess  for  the  purpose  of  Introduction  of 
Bills  and  Enrolled  Bills  Reports  only. 

Adopted. 

The  House  recessed  at  2:34  p.m. 


SENATE  MESSAGE 
REQUESTS  CONCURRENCE 


SB  11,  relative  to  solid  waste 
management  districts. 


RECESS 

(Rep.  Bosse  in  the  Chair) 

ENROLLED  BILLS  AMENDMENT 


INTRODUCTION  OF  SENATE  BILL 
First,  second  reading  and  referral 


SB  11,  relative  to  solid  waste 
management  districts. 


SB  11,  relative  to  solid  waste 
management  districts.   (Environment  and 
Agriculture) 

SUSPENSION  OF  RULES 


Amendment 

Amend  1981,  566:11,  III  as  inserted  by 
section  1  of  this  act  by  striking  out  line  1 
and  inserting  in  place  thereof  the  following: 


Rep.  Greene  moved  that  the  rules  be  so 
far  suspended  as  to  permit  consideration  at 
the  present  time  of  SB  11,  relative  to  solid 
waste  management  districts,  without  referral 
to  committee,  public  hearing,  committee 
report  and  notice  in  the  Calendar,  and  spoke 
to  her  motion. 

Reps.  Townsend  and  Chambers  spoke  in 
favor  of  the  motion. 

Adopted  by  the  necessary  two-thirds. 

Rep.  Greene  moved  that  SB  11,  relative 
to  solid  waste  mainagement  districts,  be 
ordered  to  third  reading,  and  spoke  to  her 
motion. 

Rep.  French  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 


III.  Sections  5  and  9  of  this  act  shall 
take  effect  January  31, 

This  amendment  corrects  the  incorrect 
inclusion  of  an  extra  section. 
Adopted . 

SENATE  MESSAGE 
CONCURRENCE 

HB  1,  relative  to  PAU  transfers,  certain 
amendments  in  the  operating  budget  aind  block 
grants. 

HB  3,  relative  to  a  temporary  increase 
in  the  state's  short  term  debt  limitation. 

HB  1),  relative  to  the  reenactment  of  RSA 
371  and  condemnation  proceedings  of  public 
utilities. 


Question  being  shall  SB  11,  relative  to 
solid  waste  management  districts,  be  ordered 
to  third  reading. 

Adopted. 

Ordered  to  third  reading. 


RECESS 

(Rep.  Meader  in  the  Chair) 

ENROLLED  BILLS  REPORT 


Rep.  Bosse  moved  that  the  House  now 
adjourn  from  the  early  session,  that  the 


HB  1,  relative  to  PAU  transfers,  certain 
amendments  in  the  operating  budget  and  block 
grants. 


18 


HOUSE  JOURNAL  17NOV81 


HB  3.  relative  to  a  temporary  increase 
in  the  state's  short  term  debt  limitation. 

HB  4,  relative  to  the  reenactment  of  RSA 
371  and  condemnation  proceedings  of  public 
utilities. 

SB  11,  relative  to  solid  waste 
management  districts. 

Rep.  Header  and  Sen.  Lamontagne 
For  the  Committee. 

COMMITTEE  ASSIGNMENTS 

Rep.  Ford  -  State  Institutions 
Rep.  Carpenter  -  Environment  and 
Agriculture 

SEATING  ASSIGNMENTS 


Rep.  Ford  -  2-71 
Rep.  Carpenter  - 


3-37 


(Speaker  Pro  Tem  in  the  Chair) 

Reps.  Thomas  Gage  and  Demetracopoulos 
offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  tJie  possession  of  the  clerk,  House 
Bills  numbered  6  through  12,  their 
introduction  having  been  approved  by  the 
Rules  Committee,  shall  be  by  this  resolution 
read  a  first  and  second  time  by  the  therein 
listed  titles,  sent  for  printing  and 
referred  to  the  therein  designated 
committees. 

Adopted. 


HB  12,  clarifying  the  mobile  home  law. 
(Trachy  of  Merrimack  Dist.  13  -  To  Municipal 
and  County  Government ) 

RECESS 

(Rep.  Milton  Meyers  in  the  Chair) 

Rep.  Hildreth  offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk.  House 
Bill  numbered  13,  its  introduction  having 
been  approved  by  the  Rules  Committee,  shall 
be  by  this  resolution  read  a  first  and 
second  time  by  the  therein  listed  title, 
sent  for  printing,  and  referred  to  the 
therein  designated  committee. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILL 
First,  second  reading  and  referral 

HB  13,  relative  to  the  exclusion  of 
automobile  dealers  and  manufacturers  from 
regulation  as  insurance  companies.   (French 
of  Belknap  Dist  1  -  To  Commerce  and  Consumer 
Affairs) 

SENATE  MESSAGE 
REQUESTS  CONCURRENCE 

SB  10,  establishing  a  dam  maintenance 
fund  for  Merrymeeting  Lake  Dam  and  making  an 
appropriation  therefor. 

INTRODUCTION  OF  SENATE  BILL 
First,  second  reading  and  referral 


INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

HB  6,  creating  the  New  Hampshire 
municipal  bond  bank  educational  institutions 
bond  financing  act.   (Quimby  of  Rockingham 
Dist.  4;  Ellyson  of  Rockingham  Dist.  6; 
Benton  of  Rockingham  Dist.  4;  Love joy  of 
Rockingham  Dist.  4;  Kelley  of  Rockingham 
Dist.  4;  Flanders  of  Rockingham  Dist.  2; 
Baker  of  Hillsborough  Dist.  14;  Skinner  of 
Rockingham  Dist.  3-A;  Rand  of  Rockingham 
Dist.  6  -  To  Commerce  and  Consumer  Affairs) 

HB  7,  relative  to  the  sale  of  prison 
products  and  their  purchase  by  state 
institutions.   (Granger  of  Hillsborough 
Dist.  13;  Sullivan  of  Hillsborough  Dist.  30 
-  To  State  Institutions) 

HB  8-FN,  relative  to  the  real  estate 
commission  and  making  an  appropriation 
therefor.   (Ward  of  Grafton  Dist.  1; 
Wojnowski  of  Rockingham  Dist.  14  -  To 
Executive  Departments  and  Administration) 

HB  9-FN,  relative  to  the  nurses 
registration  board,  a  council  for  nursing 
education  and  making  appropriations 
therefor.   (Ward  of  Grafton  Dist.  1;  Trachy 
of  Merrimack  Dist.  13  -  To  Executive 
Departments  and  Administration) 

HB  10-FU,  relative  to  amending  the 
operating  budget.   (Kidder  of  Merrimack 
Dist.  1  -  To  Appropriations) 

HB  11,  relative  to  amending  the  capital 
budget.   (LaMott  of  Grafton  Dist.  6;  Bibbo 
of  Merrimack  Dist.  2  -  To  Appropriations) 


SB  10,  establishing  a  dam  maintenance 
fund  for  Merrymeeting  Lake  Dam  and  making  ain 
appropriation  therefor.   (Resources, 
Recreation  and  Appropriations) 

RECESS 

(Rep.  Baybutt  in  the  Chair) 

Rep.  Felch  offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk.  House 
Bills  numbered  14  through  15,  their 
introduction  having  been  approved  by  the 
Rules  Committee,  shall  be  by  this  resolution 
read  a  first  and  second  time  by  the  therein 
listed  titles,  sent  for  printing,  and 
referred  to  the  therein  designated 
committees. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

HB  14-FN,  relative  to  the  nurses 
registration  board.   (Hildreth  of  Belknap 
Dist.  6;  Boucher  of  Rockingham  Dist.  3; 
Spirou  of  Hillsborough  Dist.  27;  Butler  of 
Rockingham  Dist.  7  -  To  Executive 
Departments  and  Administration) 

HB  15,  requiring  a  representative  from 
management,  one  from  labor,  and  one 
representing  the  public  in  the  appellate 
division  of  the  department  of  employment 
security.   (Skinner  of  Rockingham  Dist.  3-A; 


HOUSE  JOURNAL 17NOV81 


19 


Sen.  Freese  of  Dist.  4  -  To  Labor,  Human 
Resources  and  Rehabilitation) 


(Rep.  LaMott  in  the  Chair) 
Rep.  Hildreth  offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk,  House 
Bills  numbered  16  through  18,  their 
introduction  having  been  approved  by  the 
Rules  Committee,  shall  be  by  this  resolution 
read  a  first  and  second  time  by  the  therein 
listed  titles,  sent  for  printing,  and 
referred  to  the  therein  designated 
committees. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

HB  16,  allowing  local  assessing 
officials  to  elect  not  to  use  the  inventory 
form.  (French  of  Belknap  Dist.  4;  Pepitone 
of  Grafton  Dist.  3  -  To  Municipal  and  County 
Government) 

HB  17,  relative  to  livestock  dealers, 
auctions  or  sales  rings.  (Campbell  of 
Rockingham  Dist.  5  -  To  Environment  and 
Agriculture) 

HB  18-FN,  relative  to  a  5%   tax  on 
income.  (Daniell  of  Merrimack  Dist.  13; 
Saokett  of  Strafford  Dist.  1  -  To  Ways  and 
Means ) 

RECESS 

(Speaker  Pro  Tem  in  the  Chair) 

Rep.  Baybutt  offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk,  House 
Bills  numbered  19  and  20,  their  introduction 
having  been  approved  by  the  Rules  Committee, 
shall  be  by  this  resolution  read  a  first  and 
second  time  by  the  therein  listed  titles, 
sent  for  printing,  and  referred  to  the 
therein  designated  committees. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

HB  19-FN,  relative  to  the  escrow  account 
for  court  facility  improvements  and  amending 
the  recodification  of  the  business 
corporation  act.   (Carswell  of  Hillsborough 
Dist.  13;  Sytek  of  Rockingham  Dist.  5; 
Campbell  of  Sullivan  Dist.  6;  Casinghino  of 
Hillsborough  Dist.  29;  Sen.  Champagne  of 
Dist.  20;  Sen.  Roy  of  Dist.  22  -  To 
Judiciary) 

HB  20,  relative  to  minimum  mandatory 
sentences  for  driving  while  intoxicated. 
(Carswell  of  Hillsborough  Dist.  13;  Sytek  of 
Rockingham  Dist.  5;  Eaton  of  Cheshire  Dist. 
11;  Gage  of  Rockingham  Dist.  13;  Casinghino 
of  Hillsborough  Dist.  29  -  To  Judiciary) 

RECESS 


(Rep.  Spirou  in  the  Chair) 
Rep.  Hildreth  offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk,  House 
Bills  numbered  21  through  24,  their 
introduction  having  been  approved  by  the 
Rules  Committee,  shall  be  by  this  resolution 
read  a  first  and  second  time  by  the  therein 
listed  titles,  sent  for  printing,  and 
referred  to  the  therein  designated 
committees. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

HB  21 -FN,  relative  to  school  bus 
registration  fees  and  permits  for  OHRV 
racing  meets.   (Duval  of  Hillsborough  Dist. 
36;  Smith  of  Carroll  Dist.  3  -  To 
Transportation ) 

HB  22-FN,  relative  to  the  review  of  the 
liquor  commission  -  administration.   (Spirou 
of  Hillsborough  Dist.  27  -  To  Regulated 
Revenues) 

HB  23,  relative  to  the  Rockingham  county 
sheriff's  salary.   (Woodman  of  Rockingham 
Dist.  12  -  To  Municipal  and  County 
Government ) 

HB  24-FN,  relative  to  the  sale  of 
liquor.   (Horan  of  Hillsborough  Dist.  27  - 
To  Regulated  Revenues) 

SENATE  MESSAGE 
REQUESTS  CONCURRENCE 

SB  5,  relative  to  the  real  estate 
commission,  the  board  of  nursing  education 
and  nurse  registration  and  the  liquor 
commission. 

INTRODUCTION  OF  SENATE  BILL 
First,  second  reading  and  referral 

SB  5,  relative  to  the  real  estate 
commission,  the  board  of  nursing  education 
and  nurse  registration  and  the  liquor 
commission.   (Regulated  Revenues) 

RECESS 

(Rep.  Hildreth  in  the  Chair) 

Reps.  Francis  Donovan  and  Stio  offered 
the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk,  House 
Bills  numbered  25-FN  and  26-FN,  their 
introduction  having  been  approved  by  the 
Rules  Committee,  shall  be  by  this  resolution 
read  a  first  and  second  time  by  the  therein 
listed  titles,  sent  for  printing,  and 
referred  to  the  therein  designated 
committees. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

HB  25-FN,  establishing  a  committee  to 
study  health  insurance  for  state  employees 


20 


HOUSE  JOURNAL  17NOV81 


and  making  an  appropriation  therefor. 
(Scanman  of  Rockingham  Dist.  15  -  To 
Appropriations ) 

HB  26-FN,  relative  to  radioactive  waste 
management  and  making  an  appropriation 
therefor.   (Wight  of  Hillsborough  Dist.  10  - 
To  Science  and  Technology) 

RECESS 

(Speaker  Pro  Tem  in  Chair) 

Reps.  Gretsch  and  M.  Arnold  Wight 
offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk,  House 
Bills  numbered  27  and  28-ra,  their 
introduction  having  been  approved  by  the 
Rules  Committee,  shall  be  by  this  resolution 
read  a  first  and  second  time  by  the  therein 
listed  titles,  sent  for  printing,  and 
referred  to  the  therein  designated 
conmittees. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  aind  referral 

HB  27,  relative  to  educational  expenses 
for  certain  handicapped  children.   (Taffe  of 
Grafton  Dist.  5;  Keefe  of  Hillsborough  Dist. 
23;  Pearson  of  Belknap  Dist.  2;  Brack  of 
Hillsborough  Dist.  28  -  To  Education) 

HB  28-FN,  relative  to  the  opening  of  a 
liquor  store  in  Laconia  and  making  ain 
appropriation  therefor.   (Spirou  of 
Hillsborough  Dist.  27;  Hildreth  of  Belicnap 
Dist.  6;  Sen.  Monier  of  Dist.  9;  Sen.  Freese 
of  Dist.  U  -  To  Appropriations) 

RECESS 

(Rep.   Baybutt  in  the  Chair) 

Rep.  Townsend  offered   the   following: 

RESOLVED,    that  in  accordance  with  the 
list   in  the  possession  of  the  clerk,   House 
Bills  numbered  29-FN  through  31-FN,    their 
introduction  having  been  approved   by  the 
Rules  Committee,   shall  be  by  this  resolution 
read  a  first  and  second  time  by   the   therein 
listed  titles,    sent  for  printing,    and 
referred  to  the  therein  designated 
committees. 

Adopted. 


within  their  respective  districts. 
(Theriault  of  Coos  Dist.  9;  Bums  of  Coos 
Dist.  4  -  To  Reapportionment) 

RECESS 

(Rep.  Baybutt  in  the  Chair) 

Rep.  Knight  offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk.  House 
Bills  numbered  32-FN  and  33,  their 
introduction  having  been  approved  by  the 
Rules  Committee,  shall  be  by  this  resolution 
read  a  first  and  second  time  by  the  therein 
listed  titles,  sent  for  printing,  and 
referred  to  the  therein  designated 
committees. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

HB  32-FN,  establishing  the  ward  lines  in 
the  city  of  Nashua.   (Carragher  of 
Hillsborough  Dist.  16  -  To  Reapportionment) 

HB  33,  relative  to  the  regional  disposal 
districts.   (Townsend  of  Sullivan  Dist.  1  - 
To  Environment  and  Agriculture) 

RECESS 

(Speaker  in  the  Chair) 

COMMITTEE  APPOINTMENT 

Rep.  Paul  LaMott,  Vice  Chairman, 
Appropriations  Committee 

Rep.  Bosse  moved  that  the  House  adjourn. 
Adopted. 


INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

HB  29-FN,  relative  to  county  escheat 
funds.   (Bbuciher  of  Rockingham  Dist.  3; 
Kramer  of  Rockingham  Dist.  22  -  To 
Appropriations) 

HB  30-FN,  imposing  an  amusement  machine 
permit  fee,  and  making  an  appropriation 
therefor.   (Armstrong  of  Grafton  Dist.  1  - 
To  Ways  and  Means) 

HB  31-FN,  establishing  the  ward  lines 
for  the  city  of  Berlin,  dividing  the  city 
into  2  districts  for  state  representatives 
and  reducing  the  number  from  8  to  6 
representatives  to  be  elected  at  large 


21 


HOUSE 
JOURNAL  2 

Thursday  21Jan82 


The  House  assembled  at   10:00  a.m.,    the 
hour  to  which  it  stood  adjourned,   and  was 
called  to  order  by  the  Speaker. 

Prayer  was  offered   by   the  House 
Chaplain,   Rev.  William  L.   Quirk. 

Let  Us  Pray: 

Almighty  and  loving  Father,  we  ask  that 
You  be  present  with  us  this  day.  Give  us 
the  ability  to  think  honestly,  speak  wisely 
and  make  us  ready  to  listen  to  each  other. 

Help  us  always  to  be  aware  of  our 
responsibility  to  serve  those  we  represent. 
In  Your  loving  kindness  we  know  that  no 
thought  of  ours  is  obscured,  no  tear  is 
unheeded  and  no  joy  is  unnoticed.  May  each 
effort  we  make  bring  us  unity  and  peace. 
Amen. 

Rep.  Stylianos  led  the  Pledge  of 
Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  Howard,  Arnold,  Mary  Sullivan, 
James  J.  White,  Winkley  and  Record,  the  day, 
illness. 

Reps.  Marianne  Thompson,  Appel,  Blake, 
Snell,  Nevins,  Lefebvre,  Wiggin,  Mooradian, 
Robie,  Blaisdell,  Mooradian,  Chagnon, 
Casinghino,  Denise  Raiche,  Nemzoff,  Lynde, 
Phyllis  DeNafio,  Teresa  DeNafio,  Romoli, 
Patricia  Cote,  DeForte,  Mclver,  Rouillard 
and  Hardy,  the  day,  important  business. 

INTRODUCTION  OF  GUESTS 

New  Hampshire  DAR  Good  Citizens,  75 
seniors,  one  from  each  high  school  in  the 
state,  chosen  by  classmates  and  teachers  for 
dependability,  service,  leadership  and 
patriotism,  guests  of  Rep.  Parr;  Raymond 
Belhumeur,  brother  of  Rep.  Belhumeur;  Mr. 
and  Mrs.  Ron  Kizala  and  Christie,  son  and 
family  of  Rep.  Kizala;  Janet  Genest,  Midge 
Raven'ell,  Madeline  Beaulieu,  guests  of  Rep. 
Carragher;  Roland  Charpentier,  son  of  Rep. 
Charpentier. 

Rep.  Schreiber  for  the  Strafford  County 
Delegation  offered  the  following: 

HOUSE  RESOLUTION  NO  5 

on  the  death  of 

Representative  Victor  J.  Joos,  Sr. 

of  Milton 

WHEREAS,  we  have  learned  with  sorrow  of 
the  death  of  the  member  from  Milton,  Victor 
J.  Joos,  Sr.,  and 


WHEREAS,  Representative  Joos  served 
diligently  as  a  member  of  the  House  for  four 
terms  (1975-1981)  and  was  a  member  of  the 
Committee  on  Education  all  of  that  time,  and 

WHEREAS,  Representative  Joos  served  his 
community  faithfully  and  efficiently,  and 

WHEREAS,  Representative  Joos  served  with 
special  commitment  on  the  Strafford  County 
Delegation  on  the  Executive  Committee  as 
Vice  Chairman  and  in  1981  as  Chairman,  in 
which  offices  he  provided  honest  and 
conscientious  leadership,  and 

WHEREAS,  Victor  Joos,  Sr.  brought  to  our 
Strafford  County  deliberations  a  perspective 
encompassing  caution,  compassion,  and  equity 
in  the  spending  of  public  funds,  and 

WHEREAS,  he  carefully  researched  matters 
of  vital  interest  to  both  Strafford  County 
and  his  town  of  Milton,  and 

WHEREAS,  Chairman  Joos  had  the  vision  to 
recognize,  and  the  courage  to  advocate  a 
significant  role  for  Strafford  County 
government  in  the  area  of  human  services,  and 

WHEREAS,  our  colleague  and  friend  Victor 
J.  Joos,  Sr.  was  a  warm,  sincere  and 
compassionate  man  who  inspired  our  trust  and 
respect,  and  whom  we  shall  sorely  miss, 
therefore  be  it 

RESOLVED,  that  the  members  of  the  New 
Hampshire  House  of  Representatives  hereby  in 
this  manner  do  signify  our  regard  for  Victor 
J.  Joos,  Sr.  and  our  recognition  of  his 
valuable  contributions  to  the  concerns  of 
Strafford  County  where  he  chose  to  dedicate 
so  much  of  his  public  life,  and  be  it  further 

RESOLVED,  that  the  members  of  the  New 
Hampshire  House  of  Representatives  do  hereby 
extend  their  sympathy  to  his  family,  and  be 
it  further 

RESOLVED,  that  a  copy  of  these 
resolutions  be  transmitted  to  the  family  of 
Representative  Joos. 

Unanimously  adopted  by  a  rising  vote  of 
silent  prayer. 

COMMITTEE  REPORTS 

Reps.  Bosse  and  Spirou  moved  that  the 
rules  be  amended  as  follows. 

HOUSE  RESOLUTION  NO.  6 

Amend  Special  Session  House  Rule  U5  by 
striking  out  all  after  line  11  and  inserting 
in  place  thereof  the  following: 

All  matters  which  are  offered  for 
inclusion  in  the  so-called  "supplemental 
budget  bill"  which  amend,  repeal  or  insert 
new  provisions  of  statutory  or  session  law 
shall,  for  the  purpose  of  public  hearing  eind 
notice  thereof,  be  treated  as  individual 
bills  by  the  Committee  on  Appropriations. 
Such  provisions  are  subject  to  the 
procedures  outlined  in  House  Rule  25, 
providing  any  member  may  call  for  a  division 
of  the  question. 

Rep.  Bosse  spoke  in  favor  of  the 
amendment  and  yielded  to  questions. 

Rep.  Hall  spoke  against  the  cimendment. 

Reps.  Chase,  Spirou  and  Saokett  spoke  in 
favor  of  the  aunendment. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 


22 


HOUSE  JOURNAL  21JAN82 


A  roll  call  vas  requested.   Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS  263  NAYS  56 

YEAS  263 

BELKNAP:   Birch,  Bowler,  Gary  Dionne, 
French,  Earle  Hardy,  Hildreth,  Lamprey, 
Christina  O'Neill,  Pearson,  Randall,  Rich, 
David  Whittemore  and  Zeckhausen. 

CARROLL:  Barringer,  Chase,  Dickinson, 
Keller,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:   Baybutt,  Jesse  Davis,  Daniel 
Eaton,  Eisengrein,  Ernst,  Robert  Gallovray, 
Gordon,  Hickey,  Kennedy,  Lane,  Matson, 
Miller,  Moore,  Perry,  Proctor,  Margaret 
Ramsay,  William  Riley,  Patricia  Russell, 
Scranton  and  Jean  White. 

COOS:   Beaulac,  Brideau,  Brungot,  Bums, 
Chappell,  Chardon,  Richard  Demers,  Lawrence 
Guay,  Horton,  Langley,  Mayhew,  Oleson, 
Theriault,  Valliere,  Willey  and  Wiswell. 

GRAFTON:   Armstrong,  Chambers,  Christy, 
Copenhaver,  Crory,  Driscoll,  LaMott,  Logan, 
Look,  Mann,  Mansfield,  Melendy,  Pepitone, 
Rounds,  Taffe,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Abrams,  Debora  Ahem,  Richard 
Ahern,  Ahlgren,  Ainley,  Amidon,  Baker, 
Bosse,  Brack,  Bridgewater,  Carpenter, 
Carragher,  Carswell,  Charpentier,  Crotty, 
Duffett,  Clyde  Eaton,  Joseph  Eaton,  Ford, 
Gagnon,  Richard  Galway,  Gelinas,  Head, 
Heald,  Healy,  Hendrick,  Horan,  Howard 
Humphrey,  Thomas  Hynes,  Kashu lines, 
Katsiaficas,  Keefe,  Kizala,  Knight,  Lamy, 
Lawrence,  Levesque,  Martineau,  Howard  Mason, 
McGlynn,  Milton  Meyers,  Mulligan,  Murray, 
Nardi,  Norman  Packard,  Chris  Papadopoulos, 
George  Papadopoulos,  Pariseau,  Peters, 
Plomaritis,  Peter  Ramsey,  G.  Philip  Rodgers, 
Roy,  William  Russell,  Sallada,  B.  P.  Smith, 
Edward  Smith,  Leonard  Smith,  Soucy,  Spirou, 
Steiner,  Stone,  Stylianos,  James  Sullivan, 
Turgeon,  Van  Loan,  Wallace,  Watson,  Kenneth 
Wheeler,  M.  Arnold  Wight  and  Winn. 

MERRIMACK:   Bellerose,  Bibbo,  Laurent 
Boucher,  Bowes,  Brady,  Carroll,  John  Gate, 
Milton  Gate,  Dean,  Degnan,  Hanus,  Holmes, 
James  Humphrey,  Kidder,  Locke,  Morse, 
Nichols,  Paire,  Parker,  Rayno,  Doris  Riley, 
William  Roberts,  Savaria,  Gerald  Smith, 
Stark,  Stio,  Stockman,  Lawrence  Sullivan, 
Trachy,  Underwood,  Mary  Jane  Wallner, 
Waters,  Ashton  Welch,  James  Whittemore  and 
Wiviott . 

Boucher,  Burdick,  Butler,  Cahill,  Marilyn 
Campbell,  Carpenito,  Connors,  Cotton, 
Ellyson,  Espinola,  Felch,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Greene,  Gretsch,  Hollingworth,  Kane, 
Roger  King,  Kozacka,  Krasker,  Leslie, 
Lockhart,  LoFranco,  Lovejoy,  Joseph 
MacDonald,  Mace,  Robert  Mason,  Newell, 
Osborn,  Pantelakos,  Parr,  Quimby,  Read, 
Scanman,  Schmidtchen,  Schwaner,  Skinner, 
Stimmell,  Sytek,  Tavitlan,  Tufts,  John 


Walker,  Warburton,  Wojnowski,  Wolfsen, 
Raymond  Wood  and  Woodman. 

STRAFFORD:   Belhumeur,  Bernard,  Blouin, 
Bouchard,  Brown,  James  Chamberlin,  Creteau, 
James  Demers,  Demetracopoulos,  Albert 
Dionne,  Donnelly,  Drew,  Anita  Flynn,  Gauvin, 
Hennessey,  Maglaras,  Meader,  Pageotte, 
Sackett,  Franklin  Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  David  Campbell, 
Cutting,  D'Amante,  Gordon  Flint,  Forrest, 
Leonard  Gray,  Ingram,  Palmer,  Spaulding  and 
Townsend . 

NAYS  56  . 

BELKNAP:   Bolduc,  Holbrook  and  Rollins. 

CARROLL:   Allen  and  Heath. 

CHESHIRE:   Barber,  Crane,  Johnson,  Lynch  and 
0' Connor. 

COOS :   None . 

GRAFTON:   Buckman,  Clark,  Myrl  Eaton, 
Hammond,  Seely  and  Glyneta  Thomson. 

HILLSBOROUGH:   Burkush,  Cronin,  William 
Dion,  Dolbec,  Donovan,  Granger,  Hall, 
Kaklamanos,  Labombarde,  Lefebvre,  Mazur, 
Messier,  Naro,  Pastor,  Maureen  Raiche, 
Silva,  Vachon,  Ware,  Emma  Wheeler  and  Zajdel. 

MERRIMACK:   Lewis,  James  O'Neill,  Margaret 
Roberts  and  Zimmerman. 

ROCKINGHAM:   Selma  Gould,  Kelley,  Pevear, 
Rand,  Myrtle  Rogers,  Splaine  and  Christopher 
Wood. 

STRAFFORD:   Appleby,  Bickford,  Kincaid, 
Schreiber  and  Donald  Smith. 

SULLIVAN:   Brodeur,  Sim  Gray,  LeBrun  and 
Quinlan,  and  the  amendment  was  adopted  by 
the  necessary  two-thirds. 

COMMITTEE  REPORTS 
(Consent  Calendar) 

Rep.  Bosse  moved  that  the  Consent 
Calendar  with  the  relevant  amendments  as 
printed  in  the  day's  House  Record  be  adopted. 

HB  23,  relative  to  the  Rockingham  county 
sheriff's  salary,  was  removed  from  the 
Consent  Calendar  at  the  request  of  Rep. 
Oleson. 

Adopted. 

HB  19,  relative  to  the  escrow  account 
for  court  facility  improvements  and  amending 
the  reccdifioation  of  the  business 
corporation  act.  Ought  to  Pass  with 
Amendment . 

The  first  part  of  this  bill  authorizes 
investment  of  funds  from  the  court 
facility  improvement  escrow  account. 
The  higher  rate  of  interest  available  on 
such  investments  will  increase  local  and 
county  revenues  by  about  $16,000  in  1982. 
The  second  part  of  the  bill  makes  a 
technical  change  in  the  recodification 
of  the  corporate  statutes  passed  during 


HOUSE  JOURNAL  21JAN82 


23 


the  regular  session,  but  not  effective 
until  February  of  1982.   The  amendment 
makes  provisions  for  a  smooth  transition 
from  the  old  to  the  new  law.  Vote  14-0 
Rep.  Donna  P.  Sytek  for  Judiciary. 

Amendment 

Amend  the  bill  by  striking  out  section  4 
and  inserting  in  place  thereof  the  following: 

4  Business  Corporation  Act  Transition 
Provisions.  Amend  RSA  293-A  by  inserting 
after  section  156  the  following  new 
subdivision: 

Transition  Provisions 

293-A: 157  Definitions.  As  used  in  this 
subdivision,  unless  the  context  otherwise 
requires: 

I.  "Effective  date"  shall  mean 
February  1,  1982; 

II.  "New  law"  shall  mean  RSA  293-A 
as  inserted  by  1981,  557,  effective  February 
1,  1982; 

III.  "Prior  law"  shall  mean  RSA 
294  relative  to  business  corporations,  RSA 
297  relative  to  voting  trusts,  RSA  298 
relative  to  suits  against  stockholders,  and 
RSA  300  relative  to  foreign  corporations,  as 
in  effect  prior  to  February  1,  1982. 

293-A: 158  Application  of  New  Law;  Date; 
Contracts  and  Corporations;  Vote  or  Consent 
of  Directors  or  Shareholders  Prior  to 
Effective  Date. 

I.  Except  as  otherwise  expressly 
provided  in  RSA  293-A: 157-170,  the 
provisions  of  the  new  law  apply  on  and  after 
the  effective  date  to  all  corporations 
referred  to  in  RSA  293-A:2,  VII  existing  on 
the  effective  date  and  to  all  actions  taken 
by  directors  or  shareholders  of  such 
corporations  on  or  after  the  effective  date. 

II.  Except  as  otherwise  expressly 
provided  in  RSA  293-A:  157-170,  all  of  the 
sections  of  the  new  law  governing  acts, 
contracts,  or  other  transactions  by  a 
corporation  or  its  directors  or  shareholders 
apply  only  to  such  acts,  contracts,  or 
transactions  occurring  on  or  after  the 
effective  date,  and  the  prior  law  governs 
such  acts,  contracts,  or  transactions 
occurring  prior  to  the  effective  date. 

III.  Except  as  otherwise  expressly 
provided  in  RSA  293-A: 157-170,  any  vote  or 
consent  by  the  directors  or  shareholders  of 
a  corporation  prior  to  the  effective  date  in 
accordance  with  the  prior  law  shall  be 
effective  in  accordance  with  the  prior  law, 
and  if  any  certificate  or  document  is 
required  to  be  filed  in  any  public  office  of 
this  state  relating  to  such  vote  or  consent, 
it  may  be  filed  in  accordance  with  the  prior 
law. 

293-A: 159  Powers  of  Corporations 
Existing  on  February  1,  1982.   The 
provisions  of  RSA  293-A :4  of  the  new  law 
apply  to  corporations  existing  on  the 
effective  date,  and  any  statement  in  the 
articles  of  such  corporation  relating  to  the 
powers  of  the  corporation  shall  not  be 
construed  as  a  limitation  unless  it  is 
expressly  stated  as  such. 


293-A:  160  Officers  of  Corporations. 
The  provisions  of  RSA  293-A:50  of  the  new 
law  do  not  apply  to  corporations  existing  on 
the  effective  date  until  the  next  regular 
meeting  of  the  board  of  directors  or  of  the 
shareholders  following  the  effective  date 
and  at  which  the  votes  necessary  to  achieve 
compliance  with  that  section  may  be 
adopted.  Prior  to  such  meeting,  the  "clerk" 
of  any  corporation  existing  on  the  effective 
date  shall  be  deemed  to  be  the  "secretary" 
for  all  purposes  of  the  new  law. 

293-A: 161  Indemnification  by 
Corporation.  The  provisions  of  RSA  293-A :5 
of  the  new  law  govern  any  proposed 
indemnification  by  a  corporation  after  the 
effective  date,  whether  the  events  upon 
which  the  indemnification  is  based  occurred 
before  or  after  the  effective  date.  Any 
statement  relating  to  indemnification 
contained  in  the  articles  or  bylaws  of  a 
corporation  on  the  effective  date  shall  not 
be  construed  as  limiting  the  indemnification 
permitted  by  RSA  293-A :5,  unless  it  is 
expressly  so  stated. 

293-A: 162  Dividends  and  Reacquisition 
of  Shares.  The  provisions  of  RSA  293-A :6, 
RSA  293-A:45,  RSA  293-A:46  and  RSA  293-A:66 
of  the  new  law  apply  to  any  distribution  to 
its  shareholders  made  after  the  effective 
date  by  a  corporation  existing  on  the 
effective  date,  except  that  any  such 
distribution  effected  pursuant  to  a  contract 
for  the  purchase  or  redemption  of  shares 
entered  into  by  a  corporation  prior  to  the 
effective  date,  or  pursuant,  to  a  vote  taken 
prior  to  the  effective  date  effecting  a 
redemption  of  redeemable  shares  or  declaring 
a  dividend  or  distributing  capital  surplus, 
may  be  made  if  permissible  under  either  the 
new  law  or  under  the  prior  law  in  effect  at 
the  time  the  contract  was  entered  into  or 
the  vote  was  taken. 

293-A: 163  Shareholders  Meetings  and 
Consents  and  Voting  of  Shares;  Directors 
Meetings,  Quorum.  The  provisions  of  RSA 
293-A:28-33,  RSA  293-A:35-44,  and  RSA 
293-A: 151  of  the  new  law  apply  to  any 
meeting  of  shareholders  or  directors  held 
after  the  effective  date,  any  action  of 
shareholders  or  directors  pursuant  to 
written  consent  which  becomes  effective 
after  the  effective  date,  and  to  any  vote 
cast  at  such  a  meeting  or  consent  given  for 
such  action  (whether  or  not  a  proxy  or 
consent  was  executed  by  the  shareholder  or 
director  prior  to  the  effective  date); 
provided,  however,  that  the  prior  law  shall 
apply  to  any  meeting  of  shareholders  or 
directors  and  to  any  vote  cast  at  such 
meeting  if  such  meeting  was  initially  called 
for  a  date  prior  to  the  effective  date  and 
notice  of  such  meeting  was  given  to 
shareholders  or  directors  entitled  to  vote 
at  such  meeting. 

293-A: 164  Agreements  and  Voting 
Trusts.  RSA  293-A: 34  of  the  new  law  applies 
to  agreements  and  voting  trusts  entered  into 
after  the  effective  date  and  RSA  297  as 
repealed  by  the  new  law  governs  such 
agreements  or  trusts  entered  into  prior  to 
the  effective  date  unless  the  agreement  or 
trust  is  amended  or  extended  after  the 
effective  date,  in  which  event  the  new  law 
applies. 


24 


HOUSE  JOURNAL  21 JAN82 


293-A:l65  Shareholder  Derivative 
Action.  The  provisions  of  RSA  293-A:i)9  of 
the  new  law  apply  to  actions  commenced  after 
the  effective  date  and  prior  law  governs 
actions  pending  on  the  effective  date. 

293-A:l65  Mergers,  Consolidations, 
Share  Exchange,  Sale  of  Assets  and  Rights  of 
Dissenting  Shareholders.  The  provisions  of 
RSA  293-A:71-78  (dealing  with  mergers, 
consolidations  and  share  exchanges),  RSA 
293-A:79-80  (dealing  with  sales  of  assets) 
and  RSA  293-A:8l-82  (dealing  with 
dissenters'  rights)  of  the  new  law  apply  to 
transactions  consummated  after  the  effective 
date,  unless  a  required  approval  of  the 
shareholders  has  been  given  prior  to  the 
effective  date,  or  has  been  given  after  the 
effective  date  but  at  a  meeting  of 
shareholders  initially  called  for  a  date 
prior  to  the  effective  date,  in  which  case 
the  transaction  shall  be  governed  by  the 
prior  law. 

293-A:l67  Involuntary  Dissolutions. 
The  provisions  of  RSA  293-A:95-106  of  the 
new  law  (governing  involuntary  dissolutions) 
apply  to  actions  for  involuntary  dissolution 
commenced  after  the  effective  date,  but  the 
prior  law  governs  any  action  pending  on  the 
effective  date. 

293-A:l68  Voluntary  Dissolution.  The 
provisions  of  RSA  293-A:83-9'4  of  the  new  law 
(governing  voluntary  dissolutions)  apply  to 
any  voluntary  dissolution  proceeding 
initiated  by  the  filing  of  an  election  after 
the  effective  date,  but  the  prior  law 
governs  any  such  proceeding  initiated  prior 
to  the  effective  date. 

293-A:l69  Statements  on  Share 
Certificates  Regarding  Rights.  The 
provisions  of  RSA  293-A:23  of  the  new  law 
relating  to  required  statements  on 
certificates  representing  shares  apply  to 
certificates  representing  shares  of 
corporations  existing  on  the  effective  date 
only  if  the  certificates  are  issued  after 
the  effective  date. 

293-A:170  Articles  of  Incorporation; 
Contents;  Application  of  New  Law  to 
Corporations  Existing  on  February  1,  1982; 
Amendment  of  Articles.  The  provisions  of 
RSA  293-A:54,  relating  to  the  contents  of 
articles  of  incorporation,  shall  apply  to 
corporations  existing  on  the  effective  date, 
but  such  corporations  shall  not  be  required 
to  amend  their  articles  to  comply  with  RSA 
293-A:5'*,  I(i),  (j)  and  (k);  and  shall  not 
be  required  to  amend  their  articles  of 
incorporation  otherwise  to  comply  with  RSA 
293-A:5'*  until  15  months  after  the  effective 
date. 

5  Effective  Date. 

I.  Sections  1  and  2  of  this  act 
shall  take  effect  upon  its  passage. 

II.  Sections  3  sn  iJ  of  this  act 
shall  take  effect  February  1,  1982,  at  12:01 
a.m. 

HB  16,  allowing  local  assessing 
officials  to  elect  not  to  use  the  inventory 
form.  Ought  to  Pass  with  Amendment. 

This  bill  optionally  allows  towns  or 
cities  to  forego  the  mailing  and  filing 
of  property  inventories.  The  larger 
towns  and  most  of  the  cities  do  not  get 
any  useful  information  from  this  form. 


Vote  13-1.  Rep.  John  P.  Lawrence  for 
Municipal  and  County  Government. 

Amendment 

Amend  RSA  7H:H-a   as  inserted  by  section 

1  of  the  bill  by  striking  out  same  and 
inserting  in  place  thereof  the  following: 

7'4:4-a  Choice  to  Eliminate  Inventory 
Blanks. 

I.  Any  municipality,  by  vote  of 
its  board  of  selectmen,  city  council  or 
board  of  aldermen  may  elect  not  to  utilize 
the  inventory  form  or  procedure.   Such  a 
vote  shall  automatically  exempt  all  property 
owners  and  others  within  that  municipality 
from  all  requirements  and  provisions  of  law 
relating  to  the  inventory  form;  including 
the  requirement  of  filing  cin  inventory  in  a 
complete  and  timely  manner  in  order  to 
retain  all  appeal  rights  on  property  tax  or 
other  exemptions  and  considerations  to  which 
they  may  legally  be  entitled. 

II.  Every  municipality  so  electing 
shall  notify  the  department  of  revenue 
administration  in  writing,  no  later  than 
October  1  each  year  of  their  decision 
affecting  the  following  prescribed  filing 
period. 

COMMITTEE  REPORTS 
(Regular  Calendar) 

HB  6,  creating  the  New  Hampshire 
municipal  bond  bank  educational  institutions 
bond  financing  act.  Ought  to  Pass  with 
Amendment . 

This  bill  allows  public  academies  to 
issue  tax-exempt  bonds  through  the  New 
Hampshire  Municipal  Bond  Bank  for 
appropriate  education  and  capital 
projects  to  get  lower  interest  rates  and 
save  the  local  taxpayer  money  with  no 
fiscal  impact  to  the  state.  Vote  11-1. 
Rep.  George  H.  Baker,  Sr.  for  Commerce 
and  Consumer  Affairs. 

Amendment 

Amend  RSA  195-F:3,  IV  as  inserted  by 
section  1  of  the  bill  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the 
following: 

IV.   "Educational  institution 
project  or  improvement"  means  any  structure 
designed  for  use  as  a  dining  facility, 
academic  building,  administrative  facility, 
library,  research  facility,  faculty  office 
facility,  athletic  facility,  first-aid  room 
or  its  equivalent,  laboratory,  maintenance, 
storage  or  utility  facility,  or  any 
multi-purpose  structure  designed  to  combine 

2  or  more  of  the  functions  performed  by  the 
types  of  structures  enumerated  above,  and 
shall  include  all  real  and  personal 
property,  lands,  improvements,  driveways, 
roads,  approaches,  pedestrian  access  roads, 
rights-of-way,  utilities,  easements, 
machinery  and  equipment,  and  all  other 
appurtenances  and  facilities  either  on, 
above  or  under  the  ground  which  are  used  or 
usable  in  connection  with  any  of  the  above 
mentioned  structures,  and  shall  also  include 
landscaping,  site  preparation,  furniture. 


HOUSE  JOURNAL  21JAN82 


25 


machinery,  equipment  and  other  similar  items 
necessary  or  convenient  for  the  operation  of 
a  particular  facility  or  structure  in  the 
manner  for  which  its  use  is  intended,  but 
shall  not  include  such  items  as  books,  fuel, 
supplies,  or  other  items  which  are 
customarily  considered  as  a  current 
operating  charge. 

Amendment  adopted. 
Ordered  to  third  reading. 

HB  17,  relative  to  livestock  dealers, 
auctions  or  sales  rings.  Ought  to  Pass  with 
Amendment . 

This  bill  gives  the  Commissioner  of 
Agriculture  more  control  over  the 
licensing  of  livestock  dealers.   It  also 
provides  veterinarians  protection  in 
carrying  out  provisions  of  the  equine 
abuse  law.  Vote  12-0.  Rep.  Myrtle  B. 
Rogers  for  Environment  and  Agriculture. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  livestock  dealers,  auctions 

or  sales  rings  and  abusive  treatment 

of  horses. 


U  Penalty.  Amend  RSA  575-B:5  as 
inserted  by  1973.  302:1  by  striking  out  said 
section  and  inserting  in  place  thereof  the 
following: 

575-B:5  Penalty.  Any  owner  failing  to 
comply  with  the  provisions  of  this  chapter 
shall  be  notified  as  to  the  proper  care  of 
horses;  provided,  however,  if  in  the  opinion 
of  a  veterinariain  the  condition  of  a  horse 
is  so  poor  as  a  result  of  the  owner's 
failure  to  comply  wit-h  the  provisions  of 
this  chapter,  the  horse  may  be  seized  by  any 
peace  officer,  constable  or  officer  of  a 
humane  society  incorporated  in  this  state, 
and  rehabilitated  to  proper  health.  All 
expenses  for  such  rehabilitative  treatment 
shall  be  borne  by  the  owner  of  the  horse. 
The  horse  shall  be  returned  to  the  owner 
after  the  horse  is  rehabilitated  and  all 
expenses  of  rehabilitation  are  paid.  A 
second  offense  committed  by  any  owner  under 
this  chapter  shall  constitute  grounds  for 
permanent  seizure  of  the  horse  by  the 
arresting  authorities  and  the  horse  may  be 
disposed  of  as  the  court  directs.  Any 
person  who  violates  the  provisions  of  this 
chapter  shall  be  guilty  of  a  violation. 

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

Rep.  Oleson  abstained  from  voting  under 
Rule  16. 

Amendment  adopted . 
Ordered  to  third  reading. 


Amend  RSA  324-A:1,  II  as  inserted  by 
section  1  of  the  bill  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the 
following: 

II.   "Livestock  dealer,"  shall  mean 
any  person,  partnership,  unincorporated 
association,  or  corporation  engaged  in  the 
business  of  buying,  selling  or  transporting 
livestock,  or  operating  a  livestock  auction 
or  sales  ring,  including  any  person  acting 
as  an  agent  or  buyer  for  any  other  person, 
partnership,  unincorporated  association  or 
corporation. 

Amend  RSA  32U-A:5,  V  as  inserted  by 
section  1  of  the  bill  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the 
following: 

V.  That  he  has  had  his  license  to 
deal  in  livestock,  issued  in  another 
jurisdiction,  revoked  or  suspended  by  that 
jurisdiction  as  a  result  of  engaging  in 
conduct  prohibited  by  RSA  324-A:5,  II  or 
III,  during  the  preceding  5  years. 

Amend  section  3  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

3  Veterinarians.  Amend  RSA  575-B  by 
inserting  after  section  4  the  following  new 
section: 

575-B:4-a  Veterinarian  Services.  A 
veterinarian  licensed  to  practice  in  the 
state  shall  be  held  harmless  from  either 
criminal  or  civil  liability  for  any 
decisions  made  for  services  rendered  under 
the  provisions  of  this  chapter. 


HB  20,  relative  to  mininum  mandatory 
sentences  for  driving  while  intoxicated. 
Ought  to  Pass  with  Amendment. 

This  bill  closes  the  loopholes  in  the 
seven-day  mandatory  sentence  for  DWI 
second  offense.  The  amendment  specifies 
certain  serious  crimes  for  which  the 
full  minimum  sentence  imposed  shall  be 
served.  Vote  11-2.  Rep.  Minnie  F. 
Carswell  for  Judiciary. 


Rep.  Matson  moved  that  HB  20  be 
recommitted  to  the  Committee  on  Judiciary 
and  spoke  to  his  motion. 

Rep.  Carswell  spoke  against  the  motion 
and  yielded  to  questions. 

Reps.  Chambers,  Hildreth,  Peter  Ramsey, 
Allen  and  Bowler  spoke  in  favor  of  the 
motion. 

Reps.  Sytek  and  Keller  spoke  against  the 
action  and  yielded  to  questions. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS  187  -  Nays  139 

YEAS  187 

BELKNAP:  Bolduc,  Bowler,  Gary  Dionne, 
Hildreth,  Holbrook,  Lamprey,  Randall, 
Sanders,  David  Whittemore  and  Zeckhausen. 

CARROLL:   Allen  and  Chase. 

CHESHIRE:  Barber,  Eisengrein,  Hickey, 
Kennedy,  Lynch,  Matson,  Miller,  Perry, 
Proctor,  Margaret  Ramsay,  William  Riley, 
Patricia  Russell  and  Scranton. 


26 


HOUSE  JOURNAL  21JAN82 


COOS:  Beaulao,  Brideau,  Bums,  Chappell, 
Chardon,  Lawrence  Quay,  Langley,  George 
Lemire,  Mayhew,  Oleson,  Theriault,  Valliere, 
Willey  and  Wiswell. 

GRAFTON:   Chambers,  Copenhaver,  Crory, 
Michael  King,  Logan,  Look,  Mansfield, 
Melendy,  Seely  and  Taffe. 

HILLSBOROUGH:   Abrams,  Debora  Ahern,  Richard 
Ahern,  Ahrens,  Ainley,  Baker,  Brack, 
Burkush,  Crotty,  William  Dion,  Donovan, 
Duffett,  Duval,  Joseph  Eaton,  Ford,  Gagnon, 
Gelinas,  Sal  Grasso,  Hall,  Hendrick,  Horan, 
Thomas  Hynes,  Kaklamanos,  Katsiaficas, 
Labombarde,  Lamy,  Lawrence,  Lefebvre, 
Levesque,  Martineau,  McGlynn,  Milton  Meyers, 
Mulligan,  Murray,  Nardi,  Chris  Papadopoulos, 
George  Papadopoulos,  Pariseau,  Pastor, 
Peters,  Plomaritis,  Maureen  Raiche,  Peter 
Ramsey,  G.  Philip  Rodgers,  Roy,  B.  P.  Smith, 
Edward  Smith,  Leonard  Smith,  Spirou,  Stone, 
Sweeney,  Turgeon,  Van  Loan,  Bernice  Welch 
and  Winn. 

MERRIMACK:  Bellerose,  Laurent  Boucher, 
Bowes,  Brady,  Carroll,  Dean,  Degnan,  Holmes, 
Lewis,  Morse,  Nichols,  James  O'Neill,  David 
Packard,  Savaria,  Gerald  Smith,  Stark, 
Lawrence  Sullivan,  Trachy,  Underwood,  Mary 
Jane  Wallner,  Ashton  Welch,  James  Whittemore 
and  Wiviott. 

ROCKINGHAM:  Aeschliman,  Benton,  Blanchette, 
Cahill,  Carpenito,  Connors,  Cotton,  Downing, 
Ellyson,  Flanagan,  Flanders,  Kenneth  Gould, 
Selma  Gould,  Greene,  Hollingworth,  John 
Hynes,  Kozacka,  Krasker,  Leslie,  Lockhart, 
LoFranco,  Joseph  MacDonald,  Osborn, 
Pante lakes,  Pevear,  Quimby,  Read, 
Schmidtchen,  Splaine,  Stimmell,  Tufts, 
Wojnowski,  Wolfsen  and  Christopher  Wood. 

STRAFFORD:   Belhumeur,  Bernard,  Blouin, 
Brown,  James  Chamber lin,  Creteau,  James 
Demers,  Demetracopoulos,  Donnelly,  Drew, 
Anita  Flynn,  Hennessey,  Maglaras,  Pageotte, 
Sackett,  Schreiber  and  Whitehead. 

SULLIVAN:  Brodeur,  David  Campbell,  Cutting, 
D'Amante,  Forrest,  Sim  Gray,  LeBrun,  Palmer 
and  Spaulding. 

NAYS  139 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Christina  O'Neill,  Pearson,  Rich  and  Rollins. 

CARROLL:  Barringer,  Dickinson,  Heath, 
Keller,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Daniel  Eaton,  Ernst,  Gordon,  Johnson,  Lane, 
Moore,  O'Connop  and  Jean  White. 

COOS:  Brungot,  Richard  Demers  and  Horton. 

GRAFTON:   Buckman,  Christy,  Clark,  Driscoll, 
Myrl  Eaton,  Hammond,  LaMott,  Mann,  Pepitone, 
Rounds,  Glyneta  Thomson,  Walter,  Ward  and 
Roger  Wood. 

HILLSBOROUGH:   Amidon,  Boisvert, 
Bridgewater,  Carpenter,  Carragher,  Carswell, 
Charpentier,  Cronin,  Dolbec,  Clyde  Eaton, 
Granger,  Head,  Heald,  Healy,  Howard 


Humphrey,  Kashulines,  Keefe,  Kizala,  Knight, 
Howard  Mason,  Mazur,  Messier,  Naro,  Norman 
Packard,  Aime  Paradis,  William  Russell, 
Sallada,  Silva,  Steiner,  Stylianos,  James 
Sullivan,  Vachon,  Ware,  Watson,  Emma 
Wheeler,  Kenneth  Wheeler,  M.  Arnold  Wight 
and  Zajdel. 

MERRIMACK:   Bibbo,  John  Gate,  Milton  Gate, 
Hanus,  James  Humphrey,  Kidder,  Locke,  Paire, 
Parker,  Rayno,  Doris,  Riley,  Margaret 
Roberts,  William  Roberts,  Stio,  Stockman, 
Waters  and  Zimmerman. 

ROCKINGHAM:   William  Boucher,  Burdick, 
Butler,  Marilyn  Campbell,  Day,  Espinola, 
Beverly  Gage,  Thomas  Gage,  Gretsch,  Kane, 
Kelley,  Roger  King,  Lovejoy,  Mace,  Robert 
Mason,  Newell,  Parr,  Rand,  Myrtle  Rogers, 
Scamman,  Schwaner,  Skinner,  Sytek,  Tavitian, 
John  Walker,  Warburton,  Raymond  Wood  and 
Woodman . 

STRAFFORD:   Appleby,  Bickford,  Bouchard, 
Albert  Dionne,  Gauvin,  Kincaid,  Meader, 
Donald  Smith  and  Franklin  Torr. 

SULLIVAN:  Ardinger,  Gordon  Flint,  Leonard 
Gray,  Ingram,  Quinlan  and  Townsend,  and  the 
motion  was  adopted. 

HB  20  was  recommitted  to  the  Committee 
on  Judiciary. 

HB  15,  requiring  a  representative  from 
management,  one  from  labor,  and  one 
representing  the  public  in  the  appellate 
division  of  the  department  of  employment 
security.   Ought  to  Pass. 

The  Committee  accepted  the  Conference 
Committee  report  on  HB  173-FN  (regular 
session)  that  the  intent  of  the 
legislation  was  to  have  two  lawyers,  and 
one  representative  each  of  business, 
labor,  and  the  public  on  the  appellate 
division.  Currently,  the  division  has 
five  lawyers  with  no  representation  of 
business,  labor,  and  the  public.   This 
bill  corrects  an  oversight  in  the 
wording  of  HB  173-FN.   Vote  12-2.  Rep. 
Calvin  Warburton  for  Labor,  Human 
Resources  and  Rehabilitation. 

Rep.  Skinner  offered  an  amendment. 

Amendment 

Amend  the  bill  by  striking  out  section  2 
and  Inserting  in  place  thereof  the  following: 

2  Replacement  Members.  The  new 
appointments  required  by  section  1  of  this 
act  shall  be  made  at  the  expiration  of  the 
terms  of  the  present  members .  The  member 
representing  the  interests  of  labor  and  the 
member  representing  the  interests  of 
management  shall  be  appointed  at  the  end  of 
the  terms  of  the  2  members  who  have  been 
appointed  for  one  year  and  the  member 
representing  the  interests  of  the  public 
shall  be  appointed  at  the  expiration  of  the 
terms  of  the  2  members  who  have  been 
appointed  for  2  years.  Neither  of  the 
present  members  who  will  be  replaced  at  the 
conclusion  of  their  one  year  terms  shall 
continue  in  office  pending  the  appointment 
and  qualification  of  their  successors. 


HOUSE  JOURNAL  21JAN82 


27 


Rep.  Skinner  explained  the  amendment  and 
yielded  to  questions. 

Reps.  Bosse  and  Belhumeur  spoke  in  favor 
of  the  amendment. 

Reps.  Spirou  and  Hildreth  spoke  against 
the  amendment . 

Rep.  Bosse  spoke  a  second  time  in  favor 
of  the  amendment. 

Rep.  Kennedy  spoke  against  the  amendment 
and  yielded  to  questions. 

Rep.  Warburton  spoke  in  favor  of  the 
amendment. 

Rep.  Baybutt  moved  the  previous 
question.   Sufficiently  seconded.   Adopted. 

Amendment  adopted. 

Question  being  on  the  adoption  of  HB  15 
as  amended. 

Rep.  Skinner  explained  the  committee 
report. 

Reps.  Hildreth  and  Spirou  spoke  against 
the  report. 

Rep.  Warburton  spoke  in  favor  of  the 
report  and  yielded  to  questions. 

Rep.  Baybutt  spoke  in  favor  of  the 
report. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS     236     NAYS     92 

YEAS  236 


Dean,  Hanus,  Holmes,  James  Humphrey,  Kidder, 
Lewis,  Nichols,  David  Packard,  Paire, 
Parker,  Rayno,  Doris  Riley,  Margaret 
Roberts,  William  Roberts,  Savaria,  Gerald 
Smith,  Stark,  Stio,  Stockman,  Trachy, 
Waters,  Ashton  Welch,  James  Whittemore, 
Wiviott  and  Zimmerman. 

ROCKINGHAM:   Benton,  William  Boucher, 
Burdick,  Butler,  Marilyn  Campbell,  Connors, 
Cote,  Day,  Ellyson,  Esplnola,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Selma  Gould,  Greene,  Gretsch,  Hoar, 
Kane,  Kelley,  Roger  King,  Lockhart,  Love joy, 
Mace,  Robert  Mason,  Norman  Myers,  Newell, 
Osborn,  Parr,  Pevear,  Quimby,  Rand,  Myrtle 
Rogers,  Scamman,  Schmidtchen,  Schwaner, 
Shurtleff,  Skinner,  Splaine,  Stimmell, 
Sytek,  Tavitian,  Tufts,  John  Walker, 
Warburton,  Wolfsen,  Raymond  Wood  and  Woodman. 

STRAFFORD:   Appleby,  Belhumeur,  Bernard, 
Bickford,  Blouin,  Bouchard,  Brown,  James 
Chamberlin,  Albert  Dionne,  Donnelly,  Drew, 
Gauvin,  Hennessey,  Kincaid,  Maglaras, 
Meader,  Pageotte,  Sackett,  Donald  Smith  and 
Franklin  Torr. 

SULLIVAN:   Ardinger,  Brodeur,  David 
Campbell,  Cutting,  D'Amante,  Gordon  Flint, 
Forrest,  Leonard  Gray,  Sim  Gray,  Ingram, 
LeBrun,  Palmer,  Quinlan,  Spaulding  and 
Townsend . 


BELKNAP:   Birch,  Bowler,  Gary  Dionne, 
French,  Earle  Hardy,  Lamprey,  Christina 
O'Neill,  Pearson,  Randall,  Rich,  Rollins, 
Sanders,  David  Whittemore  and  Zeckhausen. 

CARROLL:   Allen,  Chase,  Heath,  Keller, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Robert  Galloway,  Gordon,  Johnson, 
Lane,  Miller,  Moore,  O'Connor,  Perry, 
Scranton  and  Jean  White. 

COOS:   Beaulac,  Brungot,  Burns,  Chappell, 
Chardon,  Richard  Demers,  Lawrence  Guay, 
Horton,  Oleson,  Theriault,  Willey  and 
Wiswell. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Clark,  Crory,  Driscoll,  Hammond,  LaMott, 
Logan,  Look,  Mann,  Pepitone,  Rounds,  Seely, 
Taffe,  Glyneta  Thomson,  Walter,  Ward  and 
Roger  Wood . 

HILLSBOROUGH:   Ahrens,  Ainley,  Amidon, 
Boisvert,  Bosse,  Bridgewater,  Carpenter, 
Carragher,  Carswell,  Charpentier,  Cronin, 
William  Dion,  Dolbeo,  Duffett,  Joseph  Eaton, 
Ford,  Granger,  Sal  Grasso,  Hall,  Head, 
Heald,  Healy,  Thomas  Hynes,  Kashulines, 
Keefe,  Kizala,  Lawrence,  Madigan,  Martineau, 
Howard  Mason,  Mazur,  McGlynn,  Messier, 
Murray,  Naro,  Norman  Packard,  Aime  Paradis, 
Pariseau,  Pastor,  Peters,  G.  Philip  Rodgers, 
William  Russell,  Sallada,  Leonard  Smith, 
Steiner,  Stone,  Stylianos,  Vachon,  Van  Loan, 
Ware,  Watson,  Emma  Wheeler,  Kenneth  Wheeler, 
M.  Arnold  Wight  and  Zajdel. 

MERRIMACK:   Bibbo,  Laurent  Boucher,  Bowes, 
Brady,  John  Gate,  Milton  Gate,  Daniell, 


NAYS  92 

BELKNAP:   Bolduc,  Hildreth  and  Holbrook. 

CARROLL :  None . 

CHESHIRE:  Barber,  Daniel  Eaton,  Eisengrein, 
Hickey,  Kennedy,  Lynch,  Matson,  Proctor, 
Margaret  Ramsay,  William  Riley  aind  Patricia 
Russell. 

COOS:  Brideau,  Langley,  Mayhew  and  Valliere. 

GRAFTON:   Chambers,  Copenhaver  and  Michael 
King. 

HILLSBOROUGH:   Abrams,  Debora  Ahem,  Richard 
Ahern,  Baker,  Brack,  Burkush,  Crotty, 
Donovan,  Duval,  Gagnon,  Richard  Galway, 
Gelinas,  Hendrick,  Horan,  Kaklamanos, 
Katsiaficas,  Labombarde,  Lamy,  Lefebvre, 
Levesque,  Milton  Meyers,  Mulligan,  Nardi, 
Chris  Papadopoulos,  George  Papadopoulos, 
Plomaritis,  Maureen  Raiohe,  Peter  Ramsey, 
Roy,  Silva,  B.  P.  Smith,  Edward  Smith, 
Soucy,  Spirou,  James  Sullivan,  Sweeney, 
Turgeon,  Wallace,  Bernice  Welch  and  Winn. 

MERRIMACK:  Bellerose,  Carroll,  Degnan, 
Locke,  Morse,  James  O'Seill,  Underwood  and 
Mary  Jane  Wallner. 

ROCKINGHAM:  Aeschliman,  Blanchette,  Cahill, 
Carpenito,  Cotton,  Downing,  Hollingworth, 
John  Hynes,  Kozacka,  Krasker,  Leslie, 
LoFranco,  Joseph  MacDonald,  Pantelakos, 
Read,  Wojnowski  and  Christopher  Wood. 

STRAFFORD:   Creteau,  James  Demers, 
Demetracopoulos,  Anita  Flynn,  Schreiber  and 
Whitehead. 


28 


HOUSE  JOURNAL  21JAN82 


SULLIVAN:   None,  and  HB  15  as  amended  was 
adopted. 

Ordered  to  third  reading. 

HB  12,  clarifying  the  mobile  home  law. 
Inexpedient  to  Legislate. 

The  Committee  feels  SB  16  does  a  better 
job  of  correcting  RSA  406.  Rep.  Beverly 
A.  Gage  for  Municipal  and  County 
Government. 

Rep.  Mann  moved  that  HB  12  be  laid  upon 
the  table,  and  spoke  to  his  motion. 
Adopted. 

HB  23,  relative  to  the  Rockingham  county 
sheriff's  salary.  Ought  to  Pass  with 
Amendment . 

Clarification  and  housekeeping  on 
current  legislation  regarding  Rockingham 
County  Sheriff.  Fee  portion  merely 
resubmits  mileage  adjustment  passed  in 
last  session.  Vote  14-0.  Rep.  Anthony 
Pepitone  for  Municipal  and  County 
Government. 

Amendment 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1  Repeal  of  Rockingham  County  Annual 
Sheriff's  Salary.  RSA  104:29,  II  relative 
to  the  Rockingham  county  sheriff's  salary  is 
hereby  repealed. 

2  Increase  in  Travel  Allowance.  Amend 
RSA  104:31,  IV  (supp)  as  amended  by  striking 
out  said  paragraph  and  inserting  in  place 
thereof  the  following: 

IV.  For  actual  travel  to  serve  any 
writ,  notice,  subpoena,  process  or 
execution,  to  be  reckoned  from  the  place  of 
service  to  the  residence  of  the  officer,  and 
for  travel  to  attend  any  court  by  the  order 
thereof,  to  be  reckoned  from  the  residence 
of  the  officer  to  the  court,  each  mile,  each 
way,  $.40. 

3  Effective  date. 

I.  Section  1  of  this  act  shall  take 
effect  upon  its  passage. 

II.  Section  2  of  this  act  shall  take 
effect  April  1,  1982. 

Amendment  adopted . 

Rep.  Oleson  offered  an  amendment. 


Amend  the  bill  by  striking  out  section  2 
and  inserting  in  place  thereof  the  following: 

2  Increase  in  Travel  Allowance.  Amend 
RSA  104:31,  IV  (supp)  as  amended  by  striking 
out  said  paragraph  and  inserting  in  place 
thereof  the  following: 

IV.  In  every  county  except  Coos,  for 
actual  travel  to  serve  any  writ,  notice, 
subpoena,  process  or  execution,  to  be 
reckoned  from  the  place  of  service  to  the 
residence  of  the  officer,  and  for  travel  to 
attend  any  court  by  the  order  thereof,  to  be 
reckoned  from  the  residence  of  the  officer 
to  the  court,  each  mile,  each  way,  $.40. 


The  fee  for  travel  for  the  sheriff  and 
deputy  sheriff  in  Coos  county  shall  be  $.25 
for  each  mile,  each  way. 

The  Clerk  read  the  amendment. 

Rep.  Oleson  explained  the  amendment. 

Reps.  Bums,  Woodman,  Guay  and  Mann 
spoke  in  favor  of  the  amendment. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

Amendment  adopted. 

Rep.  Mann  yielded  to  questions. 

Ordered  to  third  reading. 

HB  7,  relative  to  the  sale  of  prison 
products  and  their  purchase  by  state 
institutions.  Ought  to  Pass. 

This  bill  is  needed  to  put  prison 
industries  on  a  paying  basis.   It  is 
necessary  to  keep  inmates  busy  to  comply 
with  a  federal  court  order.  Rep.  Guy  R. 
Granger,  Jr.  for  State  Institutions. 

Ordered  to  third  reading. 

HB  5,  relieving  candidates  who  do  not 
expend  more  than  $500  from  filing  statements 
under  RSA  664.  Ought  to  Pass  with  Amendment. 

This  bill  has  been  amended  by  the 

Committee  to  aid  in  campaign  finances. 

Rep.  Kenneth  Randall  for  Statutory 

Revision. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  political  expenditures 
and  contributions. 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1  Political  Advertising  Redefined. 
Amend  RSA  654:2,  VI  (supp)  as  inserted  by 
1979,  436:1  by  striking  out  in  line  2  the 
words  "bumper  stickers  or"  and  by  inserting 
in  line  2  after  the  word  "buttons"  the 
following  (or  printed  material  attached  to 
motor  vehicles)  so  that  said  paragraph  as 
amended  shall  read  as  follows: 

VI.   "Political  advertising"  means 
any  communication,  exclusive  of  buttons  or 
printed  material  attached  to  motor  vehicles, 
which  expressly  or  implicitly  advocates  the 
success  or  defeat  of  any  party,  measure  or 
person  at  any  election. 

2  Expenditure  Redefined.  Amend  RSA 
66!J:2,  IX  (supp)  as  inserted  by  1979,  436:1 
by  striking  out  said  paragraph  and  inserting 
in  place  thereof  the  following: 

IX.  "Expenditure"  shall  mean  the 
disbursement  of  money  or  thing  of  value  or 
the  making  of  a  legally  binding  commitment 
to  make  such  a  disbursement  in  the  future. 
It  does  not  include  the  candidates  filing 
fee  or  his  expenses  for  personal  travel  and 
subsistence. 

3  Political  Committee  Registration. 
Amend  RSA  664:3  (supp)  as  inserted  by  1979, 


HOUSE  JOURNAL  21JAN82 


29 


436:1  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

6614 : 3  Registration  of  Political 
Committees. 

I.  Any  political  committee,  except 
the  political  committee  of  a  political 
party,  shall  register  with  the  secretary  of 
state  as  provided  in  this  section.   Prior  to 
the  election  for  which  the  political 
committee  is  organized,  the  committee  shall 
file  with  the  secretary  of  state  a  statement 
of  the  purpose  of  the  committee  and  a 
statement  of  the  name,  address,  occupation, 
and  principal  place  of  business  of  its 
chairman,  treasurer,  and  other  officers. 

The  committee  shall  register  with  the 
secretary  of  state  before  receiving  any 
contribution  or  making  any  expenditure. 

II.  No  member  of  a  political 
committee,  except  members  of  political 
committees  of  political  parties,  shall  do 
any  act  directly  or  indirectly  on  behalf  of 
the  committee  to  promote  the  success  or 
defeat  of  a  political  party,  a  measure  or  a 
candidate,  until  the  statements  required  by 
paragraph  I  are  filed. 

III.  Any  political  committee  which 
is  organized  to  support  a  specific 
candidiate  in  any  election  shall  secure  the 
written  consent  of  the  candidate  or  his 
fiscal  agent  before  it  receives 
contributions  or  makes  expenditures.  Such 
written  consent  shall  be  filed  with  the 
secretary  of  state  when  the  statements 
required  by  paragraph  I  are  filed. 

IV.  All  political  committees' 
registrations  under  this  chapter  shall  be 
valid  from  the  date  of  registration  until  10 
days  after  the  primary  or  general  election, 
whichever  is  appropriate,  unless  terminated 
sooner,  in  writing,  by  the  chairman  and  the 
treasurer  of  the  committee.  However,  any 
committee  which  has  a  continuing  obligation 
to  report  as  required  under  RSA  664:6  shall 
continue  to  exist  for  the  purpose  of  making 
such  reports. 

4  Specific  Candidate  Support.  Amend 
RSA  6614:5,  II  (supp)  as  inserted  by  1979, 
436:1  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following: 

II.   By  a  political  committee  to 
support  a  specific  candidate  in  any 
election,  or  to  such  candidate  or  his  fiscal 
agent  unless  the  committee  secures  and  files 
the  written  consent  of  the  candidate  or  his 
fiscal  agent  with  the  secretary  of  state  in 
accordance  with  RSA  664:3,  III. 

5  Political  Committee  Report.  Amend 
RSA  664:6  (supp)  as  inserted  by  1979,  436:1 
by  striking  out  said  section  and  inserting 
in  place  thereof  the  following: 

664:6  Reporting  by  Political  Committee. 
I.  Any  political  committee  whose 
rsGGipoS  or   sxpsPiu ivyUPcS  in  support  Oi  s 
candidate,  measure  or  political  party 
exceeds  $200  shall  file  with  the  secretary 
of  state  an  itemized  statement,  signed  by 
its  chairman  and  treasurer  showing  each  of 
its  receipts  exceeding  $25  with  the  full 
name  and  post  office  address  of  the 
contributor  in  alphabetical  order  and  the 
amount  of  the  contribution  and  the  date  it 
was  received.  Such  report  shall  be  filed 
not  later  than  the  Wednesday  3  weeks 
Immediately  preceding  an  election,  before 
noon,  and  shall  cover  the  period  beginning 


on  the  day  of  the  committee  registration  or 
report,  whichever  is  later,  and  ending  on 
the  Monday  before  the  report  is  due.  All 
receipts  of  $25  or  under  shall  appear  on  the 
reports  as  unitemized  receipts.   Any  listing 
exceeding  $100  shall  be  accompanied  by  the 
contributor's  occupation  and  principal  place 
of  business,  if  any.  The  statement  shall 
also  show  each  committee  expenditure  with 
the  full  name  and  address  of  persons, 
corporations,  committees  or  to  whomever  paid 
or  to  be  paid  and  the  date  paid,  with  the 
specific  nature  and  amount  of  each 
expenditure  since  the  date  of  the 
registration  or  report,  whichever  is  later. 

II.  A  second  itemized  statement  in 
the  same  form  as  in  paragraph  I  shall  be 
filed  with  the  secretary  of  state  not  later 
than  the  Wednesday  immediately  preceding  an 
election,  before  noon.  Such  report  shall 
summarize  the  first  period  and  itemize  all 
receipts  and  expenditures  since  the  cutoff 
of  the  first  statement  up  until  the  Monday 
preceding  the  filing  of  the  second  report. 
In  addition  to  the  reporting  requirements 
contained  in  this  section,  the  secretary  of 
state  shall  be  notified  by  the  fiscal  agent 
within  24  hours  of  any  contribution 
exceeding  $500  which  is  received  after  the 
second  report  is  filed  and  prior  to  the  day 
of  election. 

III.  A  third  itemized  statement  in 
the  same  form  as  in  paragraph  I  summarizing 
the  periods  of  the  first  and  second 
statements  and  itemizing  all  receipts  and 
expenditures  since  the  cutoff  of  the  second 
report  shall  be  filed  with  the  secretary  of 
state  not  later  than  the  second  Friday  after 
the  election,  before  noon. 

IV.  Any  political  committee  whose 
receipts  or  expenditures  do  not  exceed  $200 
for  a  reporting  period  need  not  file. 
However,  when  a  committee's  accumulated 
receipts  or  expenditures  for  an  election 
exceed  $200  the  committee  shall  file  a 
statement  at  the  next  reporting  deadline. 

V.  Any  political  committee  which 
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. 

VI.  Copies  of  the  statements 
required  by  paragraphs  I  through  V  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. 

VII.  Any  national  political  party 
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  V,  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. 

6  Limit  Set.  Amend  RSA  664:7  (supp)  as 
inserted  by  1979,  436:1  by  inserting  in  line 
3  after  the  word  "officer"  the  following  (, 


30 


HOUSE  JOURNAL  21JAN82 


who  has  expenditures  exceeding  $500)  so  that 
said  section  as  amended  shall  read  as 
follows: 

664:7  Reporting  by  Candidates.  Each 
candidate  at  the  primary  or  election  for 
governor,  councilor,  state  senator, 
representative  to  general  court,  or  county 
officer,  who  has  expenditures  equal  or 
exceeding  $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. 

7  Advertising  Rates.  Amend  RSA  664  :  16 
(supp)  as  inserted  by  1979,  436:1  by 
striking  out  said  section  and  inserting  in 
place  thereof  the  following: 

664:16  Identification  of  Political 
Advertising.  Political  advertising  printed 
in  newspapers,  periodicals  or  billboards 
shall  be  marked  at  the  beginning  thereof 
"Political  Advertising."  Persons  or 
corporations  operating  a  radio  or  television 
station  or  public  address  system  shall 
broadcast  political  advertising  only  after 
announcing  it  as  such.  Rates  for 
advertising  shall  be  filed  with  the 
secretary  .of  state  by  each  person  or 
corporation  publishing  a  newspaper  or 
periodical,  operating  a  radio  or  television 
station,  or  selling  billboard  space.  Such 
schedule  shall  be  open  to  public  inspection, 
and  such  schedules  may  be  amended.  No 
person  or  corporation  publishing  a  newspaper 
or  periodical,  operating  a  radio  or 
television  station,  or  selling  billboard 
space  shall  charge  an  advertising  rate  to 
any  candidate,  political  committee,  party  or 
cause  that  is  different  from  that  charged  to 
any  other  candidate,  political  committee, 
party  or  cause. 

8  Repeal.  RSA  664:8,  relative  to 
duplicate  reporting  of  contributions,  is 
hereby  repealed. 

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

Amendment  adopted. 
Ordered  to  third  reading. 

HB  21,  relative  to  school  bus 
registration  fees  and  permits  for  OHRV 
racing  meets.  Ought  to  Pass  with  Amendment. 
House  Bill  21,  with  amendments,  extends 
by  some  15  months  requirements  persons 
between  the  ages  of  12  and  16  must  meet 
before  operating  an  OHRV.  It  requires  a 
$50  permit  fee  for  OHRV  racing  meets 
which  may  be  valid  for  6  months  or  10 
individual  meets  rather  than  the 
previous  requirement  of  a  $50  fee  good 
for  only  5  days. 

It  sets  out  SAE  approved  test  procedures 
for  sound  levels  while  maintaining  the 
current  decibel  limit  until  further 
study  by  the  OHRV  Commission;  and  it 
directs  the  Executive  Director  or  any  of 
his  agents  to  collect  a  fee  of  $1.00  in 
addition  to  the  regular  OHRV 
registration  fee.  The  $1.00  fee  shall 
go  to  the  Fish  and  Game  Department. 
Lastly,  the  bill  makes  more  clear  and 
consistent  the  language  which  exempts 
school  buses  from  registration  and 


municipal  fees  when  used  exclusively  to 
transport  school  children  for  school 
purposes.  Rep.  K.  Michael  Tavitian  for 
Transportation. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  school  bus  registration 
fees  and  OHRV's. 

Amend  the  bill  by  striking  out  sections 
2  and  3  and  inserting  in  place  thereof  the 
following: 

2  OHRV  Operation  by  Youths.  Amend  the 
introductory  paragraph  of  RSA  215-A:29,  V  as 
inserted  by  198l,  538:3  by  striking  out  in 
line  one  the  date  "January  1,  1982,"  and 
inserting  in  place  thereof  the  following 
(April  1,  1983,)  so  that  said  paragraph  as 
amended  shall  read  as  follows: 

V.  Beginning  April  1,  1983,  a 
person  who  is  at  least  12,  but  less  than  16, 
years  of  age,  may  operate  an  OHRV  if  one  of 
the  following  conditions  exist: 

3  No  Charge  for  Registration.  Amend 
RSA  261:141  by  inserting  after  paragraph 
VIII  the  following  new  paragraph: 

Vlll-a.  No  registration  or 
municipal  permit  fee  shall  be  charged  for 
registering  any  vehicle  exempted  under  RSA 
251:92,  including  a  school  bus  which  is 
owned  or  operated  by  a  school  district  and 
which  is  used  exclusively  for  transporting 
school  children  for  school  purposes.   This 
exemption  shall  not  apply  to  any  school  bus 
which  is  used  for  any  purpose  other  than  the 
transportation  of  school  children  for  a 
school  purpose. 

For  purposes  of  this  paragraph,  a  school 
district  shall  be  deemed  to  be  the  owner  of 
a  vehicle  if  it  qualifies  as  an  owner  under 
RSA  259:72,  I. 

Amend  RSA  215-A:30  as  inserted  by 
section  5  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

215-A:30  Racing.   Any  person, 
organization  or  corporation  who  wishes  to 
operate  or  to  promote  any  snow  traveling 
vehicle  or  OHRV  racing  meet  or  contest 
involving  the  use  of  unregistered  snow 
traveling  vehicles  or  unregistered  OHRV's 
shall  procure  a  permit  from  the  executive 
director.  A  fee  of  $50  shall  accompany  the 
application  and  the  permit  may  be  valid  for 
up  to  6  months  following  the  date  of 
issuance  and  for  a  maximum  of  10  individual 
racing  dates  which  shall  be  listed  on  the 
permit.  Participants  in  said  racing  meet  or 
contest  shall  not  be  required  to  register  in 
New  Hampshire,  but  shall  operate  under  the 
provisions  of  the  permit.  Any  such 
participant  who  is  not  registered  in  New 
Hampshire  shall  not  operate  away  from  the 
race  course  or  contest  area  specified  in  the 
permit.  Distribution  of  any  fees  collected 
under  this  section  shall  be  in  accordance 
with  the  provisions  of  RSA  215-A:23. 


HOUSE  JOURNAL  21JAN82 


31 


Amend  the  bill  by  striking  out  section  6 
and  inserting  in  place  thereof  the  following: 

6  Manufacturing  Specification 
Requirements.   Amend  RSA  215-A:12,  III  as 
inserted  by  1981,  538:3  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the 
following: 

III.  No  person  shall  operate  an 
OHRV,  excluding  snow  traveling  vehicles, 
manufactured  after  January  1,  1973,  which 
produces  a  sound  level  in  excess  of  the 
following  limits,  when  measured  in 
accordance  with  accepted  test  procedures: 

(a)  If  manufactured  between 
January  1,  1973  and  December  31,  197U, 
inclusive,  of  88  decibels  or  more  on  the  A 
scale; 

(b)  If  manufactured  on  or 
after  January  1,  1975,  of  86  decibels  or 
more  on  the  A  scale. 

7  Sound  Tests.  Amend  RSA  215-A:13,  II 
as  inserted  by  1981,  538:3  by  striking  out 
said  paragraph  and  inserting  in  place 
thereof  the  following: 

II.   All  other  OHRV's  shall  be 
tested  in  the  same  manner  in  accordance  with 
appropriate  sound  test  procedures 
established  by  the  Society  of  Automotive 
Engineers. 

8  Fees  for  Issuing  Agents.  Amend  RSA 
215-A:2it  as  inserted  by  1981,  538:3  by 
striking  out  said  section  and  inserting  in 
place  thereof  the  following: 

215-A:21  Issuing  Agents;  Fees.   If  any 
registration  is  issued  for  the  executive 
director  by  one  of  his  duly  authorized 
agents,  such  agent  shall  collect  from  the 
registrant  a  fee  of  $1  in  addition  to  the 
fee  prescribed  by  RSA  215-A:23.   Each 
application  for  registration  of  an  OHRV 
shall  have  printed  thereon  the  words  and 
figures,  "Agent's  Fee  $1."  All  money 
collected  from  such  fee  shall  be  distributed 
as  provided  in  RSA  215-A:23. 

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

Amendment  adopted . 
Ordered  to  third  reading. 

Rep.  Bosse  moved  that  the  House  now 
adjourn  from  the  early  session,  that  the 
business  of  the  late  session  be  in  order  at 
the  present  time,  that  the  reading  of  bills 
be  by  title  only  and  resolutions  by  caption 
only  and  that  all  bills  ordered  to  third 
reading  be  read  a  third  time  by  this 
resolution,  and  that  all  titles  of  bills  be 
the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  and  when  the  House 
adjourn  today  it  be  to  meet  Thursday, 
January  28,  at  1:00  p.m. 

Adopted. 

LATE  SESSION 
Third  reading  and  final  passage 

HB  19,  relative  to  the  escrow  account 
for  court  facility  improvements  and  amending 
the  recodification  of  the  business 
corporation  act. 

HB  16,  allowing  local  assessing 
officials  to  elect  not  to  use  the  inventory 
form. 

HB  23,  relative  to  the  Rockingham  county 
sheriff's  salary. 


HB  6,  creating  the  New  Hampshire 
municipal  bond  bank  educational  institutions 
bond  financing  act. 

HB  17,  relative  to  livestock  dealers, 
auctions  or  sales  rings  and  abusive 
treatment  of  horses. 

HB  15,  requiring  a  representative  from 
management,  one  from  labor,  and  one 
representing  the  public  in  the  appellate 
division  of  the  department  of  employment 
security. 

HB  7,  relative  to  the  sale  of  prison 
products  and  their  purchase  by  state 
institutions. 

HB  5,  relative  to  political  expenditures 
and  contributions. 

HB  21,  relative  to  school  bus 
registration  fees  and  OHRV's. 

Rep.  Bosse  moved  that  the  House  stand  in 
recess  for  the  purpose  of  Introduction  of 
Bills  and  Enrolling  reports  only. 

Adopted. 

RECESS 

Speaker  in  the  Chair 

INTRODUCTION  OF  SENATE  BILLS 
First,  second  reading  and  referral 

SB  4,  relative  to  competitive  bidding 
and  other  procedures  for  major  state 
projects.   (Resources,  Recreation  and 
Development) 

SB  7,  relative  to  the  illegal  purchase 
of  alcoholic  beverages  by  minors  and 
licensee  and  permittee  violation  of  liquor 
commission  rules.   (Judiciary) 

SB  15-FN,  relative  to  the  assessment  of 
the  land  use  change  tax.   (Environment  and 
Agriculture) 

SB  16-FN,  relative  to  zoning  changes  to 
accommodate  manufactured  housing  and  the 
filling  of  vacancies  in  planning  board 
membership.   (Municipal  and  County 
Government ) 

SB  9,  relative  to  the  sale  of  unvented 
space  heaters.   (Science  and  Technology) 

SB  6,  authorizing  the  financing  of 
health  maintenance  organizations.   (Health 
and  Welfare) 

SB  12,  correcting  the  omission  in  the 
domestic  violence  law  revision  and  relative 
to  the  release  of  delinquent  children  and 
children  in  need  of  services.   (Health  and 
Welfare) 

SB  3,  relative  to  reapportioning  the  New 
Hampshire  congressional  districts. 
(Reapportionment ) 

RECESS 

(Speaker  Pro  Tem  in  the  Chair) 

SEATING  CHANGE 

Rep.  Drew  -  from  2-16,  to  3-90 

Rep.  Randall  offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk.  House 
Bills  numbered  3t  through  37,  their 
introduction  having  been  approved  by  the 
Rules  Committee,  shall  be  by  this  resolution 


32  HOUSE  JOURNAL  21JAN82 


read  a  first  and  second  time  by  the  therein 
listed  titles,  sent  for  printing,  and 
referred  to  the  therein  designated 
committees. 
Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

HB  34,  relative  to  the  qualifications  of 
the  director  of  the  division  of  mental 
health  and  developmental  services. 
(Demetracopoulos  of  Strafford  Dist.  16  -  To 
Health  and  Welfare) 

HB  35,  making  changes  in  the  certificate 
of  need  law  -  RSA  151-C.   (Blanchette  of 
Rockingham  Dist.  14;  Copenhaver  of  Grafton 
Dist.  13;  Spaulding  of  Sullivan  Dist.  4  -  To 
Health  and  Welfare) 

HB  36-FN,  requiring  the  public  utilities 
commission  to  have  an  independent  risk 
analysis  study  conducted  for  the  Seabrook 
nuclear  power  plant.   (Spirou  of 
Hillsborough  Dist.  27;  Sen.  Splaine  Dist.  24 
-  To  Science  and  Technology) 

HB  37-FN,  establishing  the  ward  lines  in 
the  city  of  Keene.   (Baybutt  of  Cheshire 
Dist.  16  -  To  Reapportionment) 

RECESS 

(Speaker  in  the  Chair) 

Rep.  French  moved  that  the  House  adjourn. 
Adopted. 


33 


HOUSE 
JOURNAL  3 

Thursday  28Jan82 


The  House  assembled  at  1:00  p.m.,  the 
hour  to  which  it  stood  adjourned,  and  was 
called  to  order  by  the  Speaker. 

Prayer  was  offered  by  the  House 
Chaplain,  Rev.  William  L.  Quirk. 

Let  us  Pray: 

God  our  Creator  and  Provider,    we  call  on 
You  with  faith  this  day  that  we  may 
accomplish  our  work  for  the  well   being  of 
all  we  represent. 

May   this   labor  of  our  hearts   and  minds 
focus  on  our  service   for  the  common  good. 

Father  of  heaven  and  earth  give  us  peace 
this   day  and  may  we    find  Your  presence    in 
every  person  we  meet.      Amen. 

Rep.  Margaret  Roberts   led  the  Pledge  of 
Allegiance. 

LEAVES  OF  ABSENCE 

Reps.   Howard,   Winkley,   Mary  Sullivan, 
Sanders,    Chagnon,   Myrl  Eaton,    James  J. 
White,    Mclver,    Arnold,    Record  and   Drewniak, 
the   day,    illness. 

Reps.   Appel,    Blake,    Snell,    James 
Humphrey,   Sytek,   James  Demers,    Dolbec, 
Cahill,   Willey,   Blaisdell,   Rollins, 
Lawrence,   Winn,    Teresa  DeNafio,    Phyllis 
DeNafio,    James  O'Neill   and   James  Sullivan, 
the  day,    important   business. 

INTRODUCTION  OF  GUESTS 

Mr.    and  Mrs.    Ron  Kizala,    son   and 
daughter-in-law  of  Rep.   Kizala;    Chris 
Swanson  and  Dianne  Home   from  Con-Val   High 
School,    guests   of  Rep.   William  Riley;    Mr. 
and  Mrs.   Sterling  Melendy,    Mr.    and  Mrs. 
James  Walker,    Jr.,    Heather  and  James  Walker, 
III,    mother,    father,    sister,    brother-in-law, 
niece  and  nephew  of  Rep.  Melendy;    Jane 
Doggett,   guest  of  Rep.  Rogers. 

COMMITTEE  REPORTS 
(Consent  Calendar) 

Rep.  French  moved  that  the  Consent 
Calendar  as  printed  in  the  day's  House 
Record   be  adopted. 

Adopted. 

HB  9,  relative  to  the  nurses 
registration  board,  a  council  for  nursing 
education  and  making  appropriations 
therefor.   Inexpedient  to  Legislate. 

Covered  by  other  legislation.  Rep.  Sara 

M.  Townsend  for  Executive  Departments 

and  Administration. 


COMMITTEE  REPORTS 
(Regular  Calendar) 

HB  25-FN,  establishing  a  committee  to 
study  health  insurance  for  state  employees 
and  making  an  appropriation  therefor. 
Inexpedient  to  Legislate. 

This  bill  is  not  of  an  emergency 
nature.  Because  of  the  importance  of 
proper  health  coverage  for  state 
employees,  and  the  proper  administration 
of  such  program,  the  subject  should  be 
considered  carefully  by  a  legislative 
policy  committee.  The  rules  of  the 
House  do  not  permit  the  Committee  on 
Appropriations  to  report  out  a  bill  with 
the  recommendation  to  refer  to  interim 
study. 

Accordingly,  the  committee  recommends 
inexpedient  to  legislate  and  will  move 
further  that  HB  25  be  referred  to 
interim  study.  Unanimous  vote  of 
committee.  Rep.  William  F.  Kidder  for 
Appropriations. 

Rep.  Wiviott  moved  that  the  words.  Refer 
for  Interim  Study,  be  substituted  for  the 
Committee  Report,  Inexpedient  to  Legislate, 
spoke  to  his  motion  and  yielded  to  questions. 

Rep.  Scamman  spoke  in  favor  of  the 
motion. 

Adopted. 

HB  25  was  referred  for  Interim  Study. 

HB  28-FN,  relative  to  the  opening  of  a 
liquor  store  in  Laconia  and  making  an 
appropriation  therefor.   Ought  to  Pass. 

This  bill  provides  the  funds  necessary 
to  re-open  a  State  Liquor  Store  in 
Laconia.  Unanimous  vote  of  Committee. 
Rep.  William  F.  Kidder  for 
Appropriations . 

Ordered  to  third  reading. 

HB  8,  relative  to  the  real  estate 
commission  and  making  an  appropriation 
therefor.  Ought  to  Pass  with  Amendment. 

This  bill  re-establishes  the  Real  Estate 
Commission,  allows  for  a  five  member 
board  composed  of  two  brokers,  one 
salesman,  one  lawyer  and  a  public 
member;  sets  criteria  for  the  term  of 
the  salesman  representative;  establishes 
a  minimum  of  3  hours  of  continuing 
education  requirements  every  two  years 
toward  license  renewal  starting  in  1985; 
allows  for  only  the  Commission  to  hear 
and  decide  on  all  complaints  filed  with 
it  and  provides  for  electronic  filing  of 
Commission  records.  Vote  18-0.  Rep. 
Edward  J.  Wojnowski  for  Executive 
Departments  and  Administration. 

Amendment 

Amend  RSA  331-A:1-a  as  inserted  by 
section  3  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

331-A:1-b  Composition.  The 
commission  members  shall  include:  2 
licensed  real  estate  brokers,  one  licensed 
real  estate  salesman,  one  lawyer,  and  one 
public  member.  The  licensed  real  estate 
salesman  shall  be  a  member  as  long  as  he 


34 


HOUSE  JOURNAL  28JAN82 


maintains  his  status  as  a  licensed  real 
estate  salesman.   The  public  member  shall  be 
a  person  who  is  not,  and  never  vras,  a  member 
of  the  real  estate  profession  or  the  spouse 
of  any  such  person,  and  who  does  not  and 
never  has  had,  a  material  financial  interest 
in  either  the  provision  of  real  estate 
services  or  an  activity  directly  related  to 
real  estate,   including  the  representation 
of  the  commission  or  profession  for  a  fee  at 
any  time  during  the  5  years  preceding 
appointment.   Each  member  of  the  commission 
shall  be  a  resident  of  this  state  for  at 
least  6  years  prior  to  his  appointment. 

Amend  RSA  331-A:4,  I  as  inserted  by 
section  4  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

I.  Applications  for  licenses  shall 
be  made  on  forms  adopted  by  the  commission. 
The  form  shall  require  an  individual 
applicant  to  state  his  domicile  and  place  of 
business;  the  partnership  applicant  to  state 
its  principal  place  of  business;  the 
corporate  applicant  to  state  the  state  of 
incorporation  and  principal  place  of 
business.  A  firm,  partnership  or 
corporation  shall  designate  the  individuals 
who  are  to  serve  as  brokers  under  its 
license. 

Amend  RSA  331-A:4-b,  IX  as  inserted  by 
section  5  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

IX.  A  minimum  of  3  hours  of 
continuing  education  for  license  renewal;  and 

Amend  RSA  331 -A :7  as  inserted  by  section 
10  of  the  bill  by  striking  out  same  and 
inserting  in  place  thereof  the  following: 

331-A:7  Suspension  or  Revocation 
of  License. 

I.  Full  power  to  revoke  or  suspend 
licenses  granted  under  the  provisions  of 
this  chapter  shall  be  vested  in  the 
commission  subject  to  the  provisions  of 
review  by  the  superior  court  upon  timely 
appeal  as  set  forth  in  this  section.   The 
commission  may,  upon  complaint  or  upon  its 
own  motion,  after  reasonable  notice  of  the 
charges  in  writing  and  a  hearing  thereon, 
revoke  the  license  of  any  broker  or 
salesman,  or  suspend  such  license  for  such 
period  as  may  be  just  upon  finding  that  such 
licensee  has  been  guilty  of  any  unlawful, 
dishonest,  deceitful  or  fraudulent  conduct 
in  connection  with  any  real  estate 
transaction  conducted  by  a  licensed  real 
estate  broker  or  salesman  whether  acting  as 
a  broker  or  principal,  or  of  any  prohibited 
act  contained  in  RSA  331-A:5-b. 

II.  The  commission  shall  give  the 
licensee  at  least  14  days'  written  notice, 
prior  to  the  date  of  hearing,  of  the  charges 
to  be  heard  by  it,  and  shall  afford  such 
licensee  an  opportunity  to  be  heard  in 
person  or  by  counsel  in  reference  thereto. 
The  hearings  on  such  charges  shall  be  at 
such  time  and  place  as  the  commission  shall 
prescribe. 

III.  The  commission  shall  have  the 
power  to  subpoena  and  bring  before  it  any 
person  or  any  relevant  records  or  documents 


in  this  state  or  to  take  testimony  by 
deposition,  in  the  same  manner  as  is 
prescribed  by  law  in  judicial  proceedings. 
The  commission  shall  keep  a  complete 
stenographic  record  of  the  proceedings  in 
such  cases.   For  this  purpose  the  commission 
is  authorized  to  employ  a  temporary  reporter 
and  fix  his  compensation  and  the  governor  is 
authorized  to  draw  his  warrant  for  said  sums 
out  of  any  money  in  the  treasury  not 
otherwise  appropriated.   The  commission  is 
authorized  to  charge  the  broker  or  salesmain 
a  reasonable  fee  for  any  copies  of  said 
transcript  furnished  him.   Sheriffs  and 
witnesses  shall  receive  the  same  fees  for 
the  service  of  process  and  attendance  before 
the  commission  as  are  paid  sheriffs  and 
witnesses  in  matters  pending  before  the 
superior  court. 

IV.  The  decisions  of  the 
commission  shall  be  reached  in  a  timely 
manner  and  shall  be  in  writing  and 
officially  signed  by  the  members.  The 
original  of  such  decisions,  when  so  signed, 
shall  be  filed  in  the  office  of  the 
commission  and  copies  thereof  shall  be 
mailed  to  the  broker  or  salesman,  addressed 
to  his  place  of  business,  and  to  the 
complainant,  if  any,  within  2  days  after 
filing  thereof. 

V.  The  action  of  the  commission  in 
revoking  or  suspending  a  license  shall  be 
subject  to  appeal  to  the  superior  court  at 
the  instance  of  the  licensee,  within  30  days 
after  the  filing  of  the  commission's 
decision.  An  appeal  shall  suspend  the 
commission's  decision.  The  appeal  shall  be 
tried  in  the  superior  court  de  novo  without 
jury.   The  superior  court  may  affirm, 
reverse,  or  modify  the  commission's 
decision,  as  justice  may  require. 

Amend  the  bill  by  striking  out  section 
12  and  inserting  in  place  thereof  the 
following: 

12  Appropropriation  for  Computer 
System.  The  sum  of  $35,000  is  hereby 
appropriated  to  the  real  estate  commission 
for  the  purpose  of  converting  to  a 
computerized  records  system  which  shall 
include,  but  not  be  limited  to: 

(1)  a  master  list  of  all  licensees; 

(2)  a  list  by  license  types 
indicating  the  status  of  the 
licensees; 

(3)  renewal  data;  and 

(4)  currency  data. 

The  commission  shall  make  such  conversion  by 
January  of  1984.   The  governor  is  authorized 
to  draw  his  warrant  for  said  sum  out  of  any 
money  in  the  treasury  not  otherwise 
appropriated. 

Amendment  adopted . 
Referred  to  Appropriations. 


HB  20,  relat 
sentences  for  dr 
Ought  to  Pass  wi 
HB  20  closes 
current  DWI 
assures  that 
one  year  wil 
assures  that 
will  be  dete 


ive  to  minimum  mandatory 
iving  while  intoxicated, 
th  Amendment . 

the  loopholes  in  the 
statute.   The  amendment 

full  minimum  sentences  over 
1  be  served.   It  further 

the  minimum  time  served 
rmined  by  the  courts  rather 


HOUSE  JOURNAL  28JAN82 


35 


than  an  administrative  agency.   Vote 
1^1-2.  Rep.  Minnie  F.  Carswell  for 
Judiciary. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  minimum  mandatory  sentences 

for  driving  while  intoxicated  and 

relative  to  the  parole,  sentencing 

and  credit  for  good  conduct 

of  prisoners. 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1  Mandatory  Sentence;  Enforcement 
Area.  Amend  RSA  265:82,  I  as  inserted  by 
1981,  146:1  as  amended  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the 
following: 

I.  Any  person  who  shall  be 
convicted  of  driving  or  attempting  to  drive 
a  vehicle  upon  any  way,  while  under  the 
influence  of  intoxicating  liquor  or  any 
controlled  drug  shall,  notwithstanding  the 
provisions  of  Title  LXII,  be  guilty  of  a 
violation  and  fined  not  more  than  $1,000, 
and  his  license  or  driving  privilege  shall 
be  revoked  for  a  period  not  less  than  60 
days,  and  if  the  person  holds  an  out  of 
state  driver's  license,  said  person  shall 
not  drive  on  any  ways  of  the  state  for  a 
period  of  not  less  than  60  days,  and,  in 
either  situation  at  the  discretion  of  the 
court,  this  revocation  of  a  driver's  license 
or  driving  privilege  and  revocation  of 
driving  privileges  of  an  out  of  state  driver 
may  be  extended  for  a  period  not  to  exceed  2 
years.   Upon  conviction  based  on  a  complaint 
which  alleges  that  the  person  has  had  one  or 
more  prior  convictions  in  this  state  or 
another  state  and  said  prior  conviction  or 
convictions  are  proven  and  said  prior 
conviction  or  convictions  were  within  the  7 
years  preceding  the  date  of  the  second  or 
subsequent  offense,  such  person  shall  be 
guilty  of  a  misdemeanor  and  shall  be 
sentenced  to  imprisonment  for  a  period  of 
not  less  than  7  consecutive  24  hour  periods 
to  be  served  within  6  months  of  the 
conviction  and  fined  not  more  than  $1,000. 
Further,  the  driving  privilege  or  driver's 
license  of  a  person  who  had  one  prior 
conviction  within  the  7  year  period  shall  be 
revoked  and  he  shall  be  ineligible  for  a 
license  for  the  next  3  calendar  years,  and 
if  the  person  is  an  out  of  state  driver,  his 
privilege  to  drive  in  the  state  shall  be 
suspended  for  the  next  3  calendar  years. 
The  driving  privilege  or  driver's  license  of 
a  person  who  had  2  or  more  prior  convictions 
within  the  7  year  period  shall  be  revoked 
indefinitely  and  he  shall  be  ineligible  for 
a  license  for  at  least  the  next  3  calendar 
years,  and  if  the  person  Is  an  out  of  state 
driver,  his  privilege  to  drive  in  the  state 
shall  be  suspended  indefinitely,  for  at 
least  the  next  3  calendar  years.  No  portion 
of  the  minimum  mandatory  sentence  of 


imprisonment  and  no  portion  of  the  mandatory 
sentence  of  the  period  of  revocation  shall 
be  suspended  by  the  court .  No  case  brought 
to  enforce  this  section  shall  be  continued 
for  sentencing  for  longer  than  35  days.  No 
person  serving  the  minimum  mandatory 
sentence  under  this  paragraph  shall  be 
discharged  pursuant  to  authority  granted 
under  RSA  651:18,  released  pursuant  to 
authority  granted  under  RSA  651:19,  or  in 
any  manner,  except  as  provided  in  RSA  623:1, 
prevented  from  serving  the  full  amount  of 
such  minimum  mandatory  sentence  under  any 
authority  granted  by  Title  LXII  or  any  other 
provision  of  law. 

2  Determination  of  Earliest  Parole 
Eligibility  Date.   Amend  RSA  651:2  by 
inserting  after  paragraph  Il-d  the  following 
new  paragraph: 

Il-e.  To  the  minimum  sentence  of 
every  person  who  is  sentenced  to 
imprisonment  for  a  maximum  of  more  than  one 
year  shall  be  added  a  disciplinary  period 
equal  to  150  days  for  each  year  of  the 
minimum  term  of  his  sentence,  to  be  prorated 
for  any  part  of  the  year.   The  presiding 
Justice  shall  certify,  at  the  time  of 
sentencing,  the  minimum  term  of  the  sentence 
and  the  additional  disciplinary  period 
required  under  this  paragraph.   This 
additional  disciplinary  period  may  be 
reduced  for  good  conduct  as  provided  in  RSA 
651:55-b.  There  shall  be  no  addition  to  the 
sentence  under  this  section  for  the  period 
of  pre-trial  confinement  for  which  credit 
against  the  sentence  is  awarded  pursuant  to 
RSA  651:55-c. 

3  Reference  Added.  Amend  RSA  651:20 
(supp)  as  inserted  by  1971,  518:1  as  amended 
by  striking  out  said  section  and  inserting 
in  place  thereof  the  following: 

651  :20  Incarceration  Under  Suspended 
Sentence.  Notwithstanding  any  other 
provision  of  law,  the  sentence  to 
imprisonment  of  any  person  may  be  suspended, 
at  the  time  of  sentence  unless  otherwise 
ordered  by  the  court,  or  at  any  time  while 
any  part  of  the  sentence  remains  unserved, 
but  a  petition  to  suspend  sentence  may  not 
be  brought  less  than  2  years  after 
commencement  of  said  sentence  nor  more 
frequently  than  every  2  years  thereafter. 
He  may  be  required  to  report  to  the 
institution  to  which  he  has  been  sentenced 
to  be  incarcerated  during  weekends  or  at 
such  times  or  intervals  of  time  as  the  court 
may  direct.  Time  so  spent  in  said 
institution  shall  be  deducted  from  the 
maximum  term,  and  where  there  are  both  a 
minimum  term  and  maximum  term,  from  both. 
Any  part  of  a  day  spent  in  the  institution 
shall  count  as  a  full  day  toward  the 
sentence. 

4  Terms  of  Release.  Amend  H3A  551:45, 
I  (supp)  as  inserted  by  1973,  370:37  as 
amended  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following: 

I.  A  prisoner  may  be  released  on 
parole  upon  the  expiration  of  the  minimum 
term  of  his  sentence,  minus  any  credits 
received  pursuant  to  RSA  651:55-c,  plus  the 
disciplinary  period  added  to  such  minimum 
under  RSA  651:2,  Il-e,  any  part  of  which  is 
not  reduced  for  good  conduct  as  provided  in 
RSA  651:55-b,  provided  it  shall  appear  to 
the  state  board  of  parole,  after  having 


36 


HOUSE  JOURNAL  28JAN82 


given  the  notice  required  in  RSA  651  :45-e, 
to  be  a  reasonable  probability  that  he  will 
remain  at  liberty  without  violating  the  law 
and  will  conduct  himself  as  a  good  citizen. 
Any  prisoner  so  released  shall  be  given  a 
permit  by  the  board  to  be  at  liberty  from 
prison  during  the  unexpired  portion  of  the 
maximum  term  of  his  sentence. 

5  Sentence  of  Life  Imprisonment.  Amend 
RSA  651:45-a  as  inserted  by  1973,  370:38  as 
amended  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

651:45-a  Eligibility  for  Release;  Life 
Sentences.  A  prisoner  serving  a  sentence  of 
life  imprisonment,  except  one  convicted  of 
murder  in  the  first  degree  or  one  convicted 
of  murder  which  was  psycho-sexual  in  nature 
and  committed  prior  to  April  15,  1974,  may 
be  given  a  life  permit  at  any  time  after 
having  served  18  years.   Eighteen  years 
shall  be  deemed  the  minimum  term  of  his 
sentence  for  the  purposes  of  this  section, 
minus  any  credits  received  pursuant  to  RSA 
651  :55-c,  plus  the  disciplinary  period  added 
to  such  minimum  under  RSA  651:2,  Il-e,  any 
part  of  which  is  not  reduced  for  good 
conduct  as  provided  in  RSA  651 :55-b, 
provided  it  shall  appear  to  said  board  to  be 
a  reasonable  probability  that  he  will  remain 
at  liberty  without  violating  the  law  and 
will  conduct  himself  as  a  good  citizen.  The 
provisions  of  this  section  shall  not  apply 
to  a  prisoner  serving  a  life  sentence  when 
the  court,  pursuant  to  RSA  630:1-b,  II,  has 
specified  a  minimum  term  other  other  than 
that  prescribed  in  this  section. 

6  Repeal.  RSA  651  :55-a  relative  to 
credits  against  the  sentence  of  a  prisoner 
who  donates  blood  is  hereby  repealed. 

7  Credits  for  Good  Conduct.  Amend  RSA 
651:55-b  (supp)  as  inserted  by  1973,  370:41 
as  amended  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

551:55-b  Credits  for  Good  Conduct. 

I.  The  warden  of  the  state  prison 
shall,  on  a  monthly  basis,  review  the 
conduct  of  each  prisoner  subject  to  parole 
to  determine  whether  the  prisoner  shall 
receive  credit  for  good  conduct  as  provided 
in  this  section. 

II.  The  warden  shall  by  rule 
determine  the  standards  for  the  earning  of 
credit  for  good  conduct.  Such  rules  shall 
not  be  subject  to  the  provisions  of  RSA 
541-A. 

III.  If,  as  a  result  of  the  review 
provided  in  paragraph  I,  the  warden 
determines  that  a  prisoner  has  exhibited 
good  conduct,  he  may  reduce  the  additional 
disciplinary  period  provided  in  RSA  651:2, 
Il-e  and  the  maximum  sentence  of  such 
prisoner  by  up  to  12-1/2  days  for  each  month 
during  which  the  prisoner  has  exhibited  such 
good  conduct. 

IV.  Credits  may  be  granted  subject 
to  the  provisions  of  this  section  provided 
that: 

(a)  Any  prisoner  who  escapes 
from  the  state  prison  or  from  custody  of  any 
person  charged  with  his  custodial 
safekeeping,  or  from  the  limits  of  his 
minimum  custody  or  community  corrections 
boundaries  or  agreements  will  automatically 
suffer  the  loss  of  all  accrued  good  conduct 
credits.  This  loss  is  in  addition  to  and  not 
in  lieu  of  any  other  administrative  or 


judicial  punishment  later  imposed  for  the 
escape. 

(b)  Any  serious  act  of 
misconduct  or  insubordination,  or  persistent 
refusal  to  conform  to  prison  regulations 
during  his  confinement  shall  subject  the 
prisoner  to  the  loss  of  all  or  any  portion 
of  such  credits,  at  the  discretion  of  the 
warden. 

(c)  The  warden  at  his 
discretion  may  restore  all  or  part  of  the 
good  conduct  credits  lost  under 
subparagraphs  (a)  or  (b)  should  the  prisoner 
later  demonstrate  exemplary  behavior. 

(d)  Provided  further,  that 
upon  a  prisoner's  release  on  parole  any  such 
credits  earned  prior  to  his  release  shall 
not  thereafter  be  lost. 

V.  Any  good  conduct  credit  earned 
against  a  maximum  sentence  by  a  prisoner 
before  August  22,  1979,  except  for  loss  in 
the  manner  provided  by  this  section,  shall 
be  unaffected  by  enactment  of  this  section. 

8  Exemption  from  Administrative 
Procedures  Act.  Amend  RSA  54l-A:10  by 
inserting  after  paragraph  IX  the  following 
new  paragraph: 

X.  RSA  651:55-b,  II  relative  to 
credit  for  good  conduct  of  prisoners. 

9  Effect  on  Prior  Law.  Any  person 
convicted  of  a  crime  any  element  of  which 
occurred  prior  to  the  effective  date  of  this 
act  shall  be  subject  to  the  sentencing, 
parole  and  credit  for  good  conduct 
provisions  of  the  law  as  such  provisions 
existed  immediately  prior  to  the  effective 
date  of  this  act.  Such  provisions  of  law 
shall  be  continued  in  effect,  only  for  such 
purpose,  as  if  this  act  were  not  in  force. 

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

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

Rep.  Chris  Wood  asked  the  Chair  to  rule 
if  the  amendment  was  divisible. 

The  Chair  ruled  the  amendment  divisible. 

Rep.  Chris  Wood  called  for  the  question 
to  be  divided  as  follows: 

Sections  1  and  11,  Sections  2  through  10. 

Question  being  on  Sections  1  and  11  of 
the  amendment . 

Rep.  Thomas  Gage  spoke  in  favor. 

Sections  1  and  11  were  adopted. 

Question  being  on  Sections  2  through  10 
of  the  amendment. 

Reps.  Chris  Wood  and  Lewis  spoke  against. 

Reps.  Ahlgren,  Lane,  Daniel  Eaton,  and 
Carswell  spoke  in  favor  and  yielded  to 
questions. 

Rep.  Chambers  spoke  against  and  yielded 
to  questions. 

Reps.  Ingram,  Coutermarsh  and  Bosse 
spoke  in  favor. 

Rep.  Townsend  moved  the  previous 
question.   Sufficiently  seconded.   Adopted. 

Rep.  Carswell  requested  a  roll  call. 
Sufficiently  seconded. 


HOUSE  JOURNAL  28JAN82 


37 


(Speaker  Pro  Tem  in  the  Chair) 

YEAS  27k     NAYS  61 
YEAS  274 

BELKNAP:   Birch,  Bolduc,  Bowler,  Gary 
Dionne,  Earle  Hardy,  Holbrook,  Christina 
O'Neill,  Pearson,  Randall,  Rich,  David 
Whittemore  and  Zeckhausen. 

CARROLL:   Allen,  Barringer,  Chase, 
Dickinson,  Heath,  Keller,  Kenneth  MacDonald 
and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Daniel  Eaton,  Eisengrein,  Ernst,  Robert 
Galloway,  Gordon,  Johnson,  Lane,  Miller, 
Moore,  O'Connor,  Perry,  Proctor,  Scranton 
and  Jean  White. 

COOS:  Beau  lac,  Brideau,  Brungot,  Bums, 
Chappell,  Chardon,  Richard  Demers,  Horton, 
Mayhew,  Oleson,  Theriault,  Wiswell  and  York. 

GRAFTON:  Buckman,  Nelson  Chamberlin, 
Christy,  Clark,  Driscoll,  Hammond,  LaMott, 
Logan,  Look,  Lynde,  Mann,  Melendy,  Pepitone, 
Rounds,  Seely,  Taffe,  Glyneta  Thomson, 
Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Richard  Ahern,  Ahlgren, 
Ahrens,  Ainley,  Baker,  Boisvert,  Bosse, 
Bridgewater,  Carpenter,  Carragher,  Carswell, 
Casinghino,  Charpentier,  Coutermarsh, 
Cronin,  DeForte,  William  Dion,  Duffett, 
Duval,  Clyde  Eaton,  Joseph  Eaton,  Gagnon, 
Richard  Galway,  Gelinas,  Granger,  Sal 
Grasso,  Hall,  Head,  Heald,  Healy,  Hendrick, 
Howard  Humphrey,  Thomas  Hynes,  Kashulines, 
Katsiaficas,  Keefe,  Kizala,  Knight,  Lamy, 
Leclerc,  Roland  Lemire,  Levesque,  Madigan, 
Martineau,  Howard  Mason,  Mazur,  Messier, 
Milton  Meyers,  Murray,  Naro,  Nemzoff,  Norman 
Packard,  Chris  Papadopoulos,  George 
Papadopoulos,  Aime  Paradis,  Pariseau, 
Peters,  Ploraaritis,  Robie,  G.  Philip 
Rodgers,  Roy,  William  Russell,  Sallada, 
Silva,  B.  P.  Smith,  Leonard  Smith,  Soucy, 
Spirou,  Steiner,  Stone,  Stylianos,  Sweeney, 
Turgeon,  Vachon,  Van  Loan,  Vargas,  Wallace, 
Ware,  Watson,  Emma  Wheeler,  Kenneth  Wheeler, 
M.  Arnold  Wight  and  Zajdel. 

MERRIMACK:   Bellerose,  Bibbo,  Bodi,  Bowes, 
Brady,  Carroll,  John  Gate,  Milton  Gate, 
Dean,  Degnan,  Hanus,  Kidder,  Locke,  Nichols, 
Paire,  Parker,  Rayno,  Doris  Riley,  Margaret 
Roberts,  William  Roberts,  Savaria,  Stark, 
Stio,  Stockman,  Trachy,  Rick  Trombly, 
Waters,  Ashton  Welch,  James  Whittemore, 
Wiviott  and  Zimmerman. 

ROCKINGHAM:   Aeschliman,  Benton,  Blanchette, 
William  Boucher,  Burdidc,  Butler,  Marilyn 
Campbell,  Carpenito,  Connors,  Cote,  Day, 
Downing,  Ellyson,  Felch,  Flanagan,  Flanders, 
Beverly  Gage,  Thomas  Gage,  Kenneth  Gould, 
Selma  Gould,  Greene,  Gretsch,  Hoar,  John 
Hynes,  Kane,  Kelley,  Roger  King,  LoFranco, 
Lovejoy,  Joseph  MacDonald,  Mace,  Robert 
Mason,  Norman  Myers,  Nevins,  Newell,  Osborn, 
Pantelakos,  Parr,  Quimby,  Rand,  Myrtle 
Rogers,  Romoli,  Scamman,  Schmidtchen, 
Schwaner,  Shurtleff,  Skinner,  Splaine, 
Stimmell,  Tavitian,  Vartanian,  Vlack,  John 


Walker,  Warburton,  Wojnowski,  Wolf  sen, 
Raymond  Wood  and  Woodman. 

STRAFFORD:   Appleby,  Bernard,  Bickford, 
Bouchard,  Brown,  James  Chamberlin,  Creteau, 
Albert  Dionne,  Donnelly,  Drew,  Gauvin, 
Kincaid,  Meader,  Mooradian,  Donald  Smith, 
Lawrence  Smith,  Franklin  Torr,  Ralph  Torr 
and  Whitehead. 

SULLIVAN:   Ardinger,  David  Campbell, 
Cutting,  D'Amante,  Gordon  Flint,  Leonard 
Gray,  Sim  Gray,  Ingram,  LeBrun,  Palmer, 
Quinlan,  Spaulding  and  Townsend. 

NAYS  61 

BELKNAP:   Hildreth  and  Lamprey. 

CARROLL:  None. 

CHESHIRE:   Barber,  Hickey,  Kennedy,  Matson, 
Margaret  Ramsay,  William  Riley  and  Rouillard. 

COOS:   Lawrence  Guay,  Langley,  George  Lemire 
and  Valliere. 


GRAFTON:   Chambers,  Copenhaver, 
Michael  King. 


Crory  and 


HILLSBOROUGH:   Abrams,  Debora  Ahern, 
Burkush,  Donovan,  Ford,  Horan,  Kaklamanos, 
Labombarde,  Lefebvre,  McGlynn,  Mulligan, 
Nardi,  Pastor,  Denise  Raiche,  Maureen 
Raiche,  Bernice  Welch  and  Robert  Wheeler. 

MERRIMACK:  Daniell,  Holmes,  Lewis,  Morse, 
David  Packard,  Gerald  Smith  and  Mary  Jane 
Wallner. 

ROCKINGHAM:  Camuso,  Hollingworth,  Kozacka, 
Krasker,  Leslie,  Lockhart,  Pevear,  Read  and 
Christopher  Wood. 

STRAFFORD:   Belhumeur,  Blouin, 
Demetracopoulos,  Anita  Flynn,  Hennessey, 
Maglaras,  Pageotte,  Sackett  and  Schreiber. 

SULLIVAN:  Brodeur  and  Forrest,  and  the 
amendment  was  adopted. 

Rep.  Horan  moved  that  HB  20,  as  amended, 
be  referred  to  the  Office  of  the  Legislative 
Budget  Assistant  for  a  fiscal  note,  in 
accordance  with  the  provisions  of  RSA  1U:46, 
V  (b),  and  spoke  to  his  motion. 

Rep.  Carswell  spoke  against  the  motion. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

Motion  lost. 

Question  being  shall  HB  20  be  ordered  to 
third  reading. 

Ordered  to  third  reading. 

Rep.  Sytek  notified  the  Clerk  that  she 
wished  to  be  recorded  in  favor  of  HB  20  as 
amended . 

HB  18,  relative  to  a  5%  tax  on  income. 
Inexpedient  to  Legislate. 

The  majority  report  includes  several 
different  viewpoints.  Some  Committee 
members  are  firmly  opposed  to  an  income 
tax;  other  members  feel  that  this 
particular  bill  has  numerous 
administrative  problems  and  difficulties 


38 


HOUSE  JOURNAL  28JAN82 


related  to  distribution  of  funds  to 
cities  and  towns  which  need  more  work. 
Several  members,  while  they  are  not 
opposed  to  an  income  tax  per  se,  feel 
that  tax  reform  should  encompass  a  more 
general  revision  of  our  tax  structure. 
These  members  note  the  present  ongoing 
work  of  the  Select  Committee  on  Revenue 
Reform  (SJR  1)  and  feel  that  there 
should  be  an  adequate  commitment  of 
resources  to  allow  this  Committee  to 
fulfill  its  charge.  The  Committee's 
report  is  due  by  December  1982.  Rep.  W. 
Douglas  Scamman  for  Ways  and  Means. 

Rep.  Daniell  moved  that  the  words,  Ought 
to  Pass,  be  substituted  for  the  Committee 
Report,  Inexpedient  to  Legislate,  spoke  to 
his  motion  and  yielded  to  questions. 

Reps.  Aeschliman,  Joseph  Eaton,  Ahrens, 
Shurtleff,  Keller  and  Bosse  spoke  against 
the  motion. 

Reps.  Townsend,  William  Riley,  Nardi  and 
Sackett  spoke  in  favor  of  the  motion. 

Rep.  Baybutt  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

Rep.  David  Campbell  moved  that  HB  18  be 
laid  upon  the  table. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  Pro  Tem  in  the  Chair) 


ROCKINGHAM:   Marilyn  Campbell,  Camuso, 
Carpenito,  Connors,  Downing,  Ellyson,  Felch, 
Flanagan,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Selma  Gould,  Hoar,  Hollingworth, 
Kozacka,  Krasker,  Leslie,  Lockhart, 
LoFranco,  Lovejoy,  Robert  Mason,  Newell, 
Osborn,  Parr,  Quimby,  Rand,  Read,  Skinner, 
Vartanian,  Vlack,  Wojnowski,  Wolfsen, 
Christopher  Wood  and  Raymond  Wood . 

STRAFFORD:   Blouin,  Bouchard,  Brown,  James 
Chamberlin,  Creteau,  Demetracopoulos, 
Donnelly,  Drew,  Anita  Flynn,  Hennessey, 
Meader,  Mooradian,  Pageotte,  Sackett, 
Schreiber,  Ralph  Torr  and  Whitehead. 

SULLIVAN:   Brodeur,  David  Campbell,  Cutting, 
Gordon  Flint,  Leonard  Gray,  LeBrun,  Palmer, 
Quinlan  and  Townsend. 

NAYS   151 

BEXKNAP:  Birch,  Bolduc,  Bowler,  Christina 
O'Neill,  Pearson,  Randall  and  Rich. 

CARROLL:  Allen,  Chase,  Dickinson,  Heath, 
Keller,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:   Barber,  Baybutt,  Jesse  Davis, 
Eisengrein,  Robert  Galloway,  Johnson, 
Kennedy,  O'Connor,  Perry,  Scranton  and  Jean 
White. 


YEAS   175  NAYS   151 
YEAS  175 


COOS:  Beaulac,  Brungot,  Bums,  Lawrence 
Guay,  Theriault,  Valliere  and  York. 


BELKNAP:  Gary  Dionne,  Earle  Hardy, 
Holbrook,  Lamprey,  David  Whittemore  and 
Zeckhausen. 

CARROLL:  Barringer. 

CHESHIRE:  Crane,  Daniel  Eaton,  Ernst, 
Gordon,  Hickey,  Lane,  Miller,  Moore, 
Proctor,  Margaret  Ramsay,  William  Riley  and 
Rouillard. 

COOS:  Brideau,  Chappell,  Chardon,  Horton, 
Langley,  Mayhew,  Oleson  and  Wiswell. 

GRAFTON:   Chambers,  Crory,  Driscoll,  Logan, 
Lynde,  Mann,  Melendy,  Pepitone,  Rounds, 
Taffe,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Abrams,  Richard  Ahern, 
Ainley,  Baker,  Carragher,  Carswell, 
Casinghino,  Crotty,  DeForte,  William  Dion, 
Donovan,  Duffett,  Duval,  Clyde  Eaton,  Joseph 
Eaton,  Gelinas,  Sal  Grasso,  Hall,  Hendrick, 
Horan,  Thomas  Hynes,  Kaklamanos, 
Katsiaficas,  Keefe,  Kizala,  Knight, 
Lefebvre,  Martineau,  Howard  Mason,  McGlynn, 
Messier,  Milton  Meyers,  Mulligan,  Murray, 
Naro,  Nemzoff,  Chris  Papadopoulos,  George 
Papadopoulos,  Pariseau,  Pastor,  Peters, 
Plomaritis,  Peter  Ramsey,  Roy,  B.  P.  Smith, 
Leonard  Smith,  Sweeney,  Turgeon,  Vachon,  Van 
Loan,  Wallace,  Bernice  Welch  and  M.  Arnold 
Wight. 

MERRIMACK:   Bellerose,  Bibbo,  Bodi,  Laurent 
Boucher,  Brady,  Daniell,  Dean,  Degnan, 
Hanus,  Kidder,  Morse,  David  Packard,  Paire, 
Gerald  Smith,  Stark,  Stio,  Lawrence 
Sullivan,  Trachy,  Mary  Jane  Wallner,  Ashton 
Welch,  James  Whittemore  and  Wiviott. 


GRAFTON:  Buckman,  Nelson  Chamberlin, 
Christy,  Clark,  Hammond,  Michael  King,  Look, 
Seely  and  Glyneta  Thomson. 

HILLSBOROUGH:   Debora  Ahern,  Ahlgren, 
Ahrens,  Boisvert,  Bosse,  Bridgewater, 
Burkush,  Carpenter,  Charpentier, 
Coutermarsh,  Cronin,  Ford,  Gagnon,  Richard 
Galway,  Granger,  Head,  Heald,  Healy,  Howard 
Humphrey,  Kashulines,  Lamy,  Leclerc,  Roland 
Lemire,  Levesque,  Mazur,  Nardi,  Norman 
Packard,  Aime  Paradis,  Robie,  G.  Philip 
Rodgers,  William  Russell,  Sallada,  Silva, 
Soucy,  Spirou,  Steiner,  Stone,  Stylianos, 
Vergas,  Ware,  Watson,  Emma  Wheeler,  Kenneth 
Wheeler,  Robert  Wheeler  and  Zajdel. 

MERRIMACK:   Bowes,  John  Gate,  Milton  Gate, 
Holmes,  Lewis,  Locke,  Nichols,  Parker, 
Rayno,  Doris  Riley,  Margaret  Roberts, 
William  Roberts,  Savaria,  Stockman,  Rick 
Trombly,  Waters  and  Zimmerman. 

ROCKINGHAM:   Aeschliman,  Benton,  Blanchette, 
William  Boucher,  Burdick,  Butler,  Cote,  Day, 
Flanders,  Greene,  Gretsch,  John  Hynes,  Kane, 
Kelley,  Roger  King,  Mace,  Norman  Myers, 
Nevins,  Pantelakos,  Pevear,  Myrtle  Rogers, 
Romoli,  Scamman,  Schmidtchen,  Schwaner, 
Shurtleff,  Splaine,  Stimmell,  Tavitian,  John 
Walker,  Warburton  and  Woodman. 

STRAFFORD:   Appleby,  Bernard,  Bickford, 
Albert  Dionne,  Gauvin,  Kincaid,  Maglaras, 
Donald  Smith,  Lawrence  Smith  and  Franklin 
Torr. 

SULLIVAN:   Ardinger,  D'Amante,  Forrest,  Sim 
Gray,  Ingram  and  Spaulding,  and  HB  18  was 
laid  upon  the  table. 


HOUSE  JOURNAL  28JAN82  39 


Rep.  Sytek  notified  the  Clerk  that  she 
wished  to  be  recorded  in  favor  of  the 
Committee  Report,  Inexpedient  to  Legislate. 

Rep.  Bosse  moved  that  the  House  now 
adjourn  from  the  early  session,  that  the 
business  of  the  late  session  be  in  order  at 
the  present  time,  that  the  reading  of  bills 
be  by  title  only  and  resolutions  by  caption 
only  and  that  all  bills  ordered  to  third 
reading  be  read  a  third  time  by  this 
resolution,  and  that  all  titles  of  bills  be 
the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  and  when  the  House 
adjourn  today  it  be  to  meet  Tuesday, 
February  2  at  1:00  p.m. 

Adopted. 

LATE  SESSION 
Third  reading  and  final  passage 

HB  28-FN,  relative  to  the  opening  of  a 
liquor  store  in  Laconia  and  making  an 
appropriation  therefor. 

HB  20,  relative  to  minimum  mandatory 
sentences  for  driving  while  intoxicated  and 
relative  to  the  parole,  sentencing  and 
credit  for  good  conduct  of  prisoners. 

Rep.  Bosse  moved  that  the  House  stand  in 
recess  for  the  purpose  of  Introduction  of 
Bills  and  Enrolling  Reports  only. 

Adopted. 

RECESS 

Rep.  French  moved  that  the  House  adjourn. 
Adopted. 


40 


HOUSE 
JOURNAL  4 


Tuesday  2Feb82 


The  House  assembled  at  1:00  p.m.,  the 
hour  to  which  it  stood  adjourned,  and  was 
called  to  order  by  the  Speaker. 

Prayer  was  offered   by  the  House 
Chaplain,   Rev.  William  L.   Quirk. 

Let  us  Pray: 

Almighty  and  eternal  Father,  arouse  in 
all  of  us  who  call  on  You  this  day  a  hunger 
and  thirst  for  justice  toward  everyone. 

May  all  our  deeds  and  words  be  honorable 
so  that  we  may  be  worthy  of  the  sacred  trust 
that  is  placed  before  us;  to  serve  Your 
people. 

May  our  deliberations  be  carried  on  with 
the  deep  concern  for  those  we  represent  so 
that  we  may  find  peace  this  day  and  in  the 
days  ahead.  Amen. 

The  House  observed  a  moment  of  silent 
prayer  for  former  Representative  Arthur  M. 
Drake,  Deputy  Commissioner  of  Health  and 
Welfare. 

Rep.  Tavitian  offered  the  Pledge  of 
Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  James  J.  White,  Winkley,  Howard, 
Sanders,  Rand,  Seely,  Downing  and  Boisvert, 
the  day,  illness. 

Reps.  Benton,  William  Riley,  Thomas 
Hynes,  Blake,  Snell,  James  Humphrey, 
Wallace,  Pevear,  Willey,  Langley,  Marilyn 
Campbell,  Van  Loan,  Roland  Lemire, 
Barringer,  Blaisdell,  Bolduc,  Moore,  Teresa 
DeNafio,  Phyllis  DeNafio,  Baker  and  Lawrence 
Boucher. 

Reps.  Ashton  Welch  and  Gauvin,  the  day, 
death  in  the  family. 

INTRODUCTION  OF  GUESTS 

Costas  Parlitsis  from  Greece,  guest  of 
Rep.  Spirou;  Peter  Jeans,  guest  of  Rep. 
Espinola;  Mike  Dalton,  guest  of  Rep. 
Galloway. 

Rep.  Edward  Smith  offered  the  following: 

HOUSE  RESOLUTION  NO.  7 

on  the  death  of  Albert  H.  Dow,  III 

WHEREAS,  Albert  Dow,  New  Hampshire  born, 
bred  and  educated,  responded  without 
hesitation  joining  last  week's  search  and 
rescue  effort  for  two  missing  climbers  on 
Mount  Washington,  and 


WHEREAS,  as  an  experienced  technical 
climber,  he  was  fully  aware  of  the  dangers 
that  the  mountain  holds  especially  in  the 
winter,  and  had  participated  in  many  rescue 
efforts,  and 

WHEREAS,  his  motivation  was  in  the 
spirit  among  mountaineers  that  "if  somebody 
is  in  trouble,  you  help  them  out.  You 
realize  and  hope  that  they  would  certainly 
do  the  same  for  you  in  a  similar  situation," 
and 

WHEREAS,  he  and  partner  Michael  Hartrick 
were  one  of  several  two-man  teams  from  the 
all-volunteer  Mountain  Rescue  Service,  a 
group  organized  in  19^^  to  coordinate  such 
efforts,  and 

WHEREAS,  an  avalanche  on  the  Lions  Head 
Trail  claimed  the  life  of  Albert  Dow  and 
nearly  that  of  Michael  Hartrick,  and 

WHEREAS,  there  can  be  no  more  fitting 
epitaph  than  that  expressed  by  the  Reverend 
Robert  Thurston,  pastor  of  the  Community 
Church  of  Melvin  Village  at  services  for 
Dow,  "He  gave  his  life  to  save  others,"  now 
therefore  be  it 

RESOLVED,  that  the  members  of  the  House 
of  Representatives  do  hereby  extend  their 
sympathy  to  the  family  of  Albert  H.  Dow,  III. 

Unanimously  adopted  by  a  rising  vote  of 
silent  prayer. 

COMMITTEE  REPORTS 
(Regular  Calendar) 

HB  13,  relative  to  the  exclusion  of 
automobile  dealers  and  manufacturers  from 
regulation  as  insurance  companies. 
Majority:  Ought  to  Pass  with  Amendment. 
Minority:   (Reps.  Crory,  Leslie,  Gary 
Dionne,  Christy,  Plomaritis,  Brady  and 
Gelinas)  Inexpedient  to  Legislate. 

MAJORITY:   After  lengthy  study  and 
debate,  a  majority  (8-5)  felt  that 
extended  motor  vehicle  warranties  sold 
by  manufacturers  and  New  Hampshire  auto 
dealers  should  have  their  contracts 
reviewed  for  approval  by  the  Attorney 
General's  Office.  This  bill,  however, 
will  also  preclude  a  recent  (August 
1981)  ruling  by  the  Insurance 
Commissioner  that  under  the  1959  law  he 
now  will  regulate  the  price  for  such 
warranties,  and  those  who  sell  same  must 
become  licensed  insurance  agents  for 
this  purpose.  For  22  years  there  have 
been  no  significant  abuses.   It  is  the 
opinion  of  the  majority  that  legislative 
intent  is  not  for  more  unneeded 
regulation  on  business  in  our  state. 
Rep.  Conrad  L.  Quimby  for  the  Majority 
of  Commerce  and  Consumer  Affairs. 
MINORITY:   RSA  40?  requires  that 
extended  motor  vehicle  warranty 
agreements  are  to  be  considered 
insurance  contracts.   Regular 
manufacturer/dealer  warranties  given  at 
the  time  of  sale  for  no  additional  cost 
to  the  customer  are  not  regulated  by 
this  statute  -  only  extended  plans  for 
longer  periods  at  an  additional  cost  to 
the  customer. 

In  1981,  Commissioner  Whaland  issued  new 
regulations  requiring  car  manufacturers 
and  car  dealers  to  be  licensed  (Fee 


HOUSE  JOURNAL  2FEB82 


41 


$200),  file  their  contracts,  and  have 
their  rates  approved  before  offering 
extended  warranties  for  sale.   Such 
contracts  must  be  clear,  concise, 
contain  no  misleading  or  deceptive 
provisions,  and  not  demand  excessive 
rates.   Salespersons  selling  this 
insurance  would  be  licensed  (Fee  $10) 
and  would  be  required  to  pass  a  limited 
exam  to  prove  knowledge  of  the  insurance 
contract  being  sold. 
Instead  of  complying  with  these 
regulations  by  November  1,  the 
automobile  dealers  filed  a  suit  in 
district  court  challenging  the 
constitutionality  of  RSA  407,  and  the 
commissioner's  regulations.  A  hearing 
was  set  for  December  29,  198I.  The 
dealers  (plaintiff)  asked  for  a 
postponement  and  entered  HB  13  in  this 
special  session.   If  HB  13  is  passed 
private  insurance  companies  offering 
extended  plans  would  still  be  regulated 
but  car  manufacturers  and  dealers 
selling  extended  plans  would  not  be 
regulated. 

The  previous  majority  of  the  committee 
concurred  with  the  Insurance 
Commissioner  and  felt  all  extended 
warranties  are  insurance  contracts  and 
should  be  regulated.  To  pass  HB  13  now 
with  a  pending  court  challenge  was  also 
considered  inappropriate.  We  are  now 
the  minority  because  of  an  invalidation 
of  our  first  executive  session  based  on 
Rule  16.   (Reps.  Elizabeth  L.  Crory, 
Anne  Leslie,  Gary  S.  Dionne,  C.  Dana 
Christy,  Claire  Plomaritis,  Bonnie  B. 
Brady  and  David  L.  Gelinas  for  the 
Minority  of  Commerce  aind  Consumer 
Affairs. 

Amendment 

Amend  RSA  407-A:1,  I  as  inserted  by 
section  1  of  the  bill  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the 
following: 

I.  "Motor  vehicle  warranty 
agreement"  shall  mean  any  contract  of 
warranty,  guaranty,  suretyship  or  otherwise, 
relating  to  the  replacement  or  repair  of 
motor  vehicles  or  parts  thereof  for  a 
specific  period  except: 

(a)  Contracts  made  by  dealers 
in  or  manufacturers  of,  the  vehicle  covered 
by  the  contract,  whether  or  not  for 
additional  consideration; 

(b)  Where  the  dealer  or 
manufacturer  does  not  share  the  risk  of  loss 
with  any  other  person;  and 

(c)  Where  the  dealer  or 
manufacturer  has  first  filed  for  approval 
with  the  consumer  protection  division  in  the 
office  of  the  attorney  general: 

(1 )  copies  of  all 
documents,  provided  to  the  public,  relating 
to  such  contract,  including,  but  not  limited 
to,  the  contract,  prices,  brochures,  sales 
aids,  application  forms,  and  instructions. 
(The  term  "document"  shall  not  include 
advertising  in  newspapers,  manazines, 
journals,  or  on  television,  radio  or 
billboards);  and 


(2)  in  the  case  of  a 

contract  being  offered  solely  by  a  dealer,  a 

certification  that  the  dealer  has,  at  the 

time  of  filing,  a  bond  on  file  equal  to  or 
exceeding  $50,000. 

Rep.  Crory  moved  that  the  report  of  the 
Minority,  Inexpedient  to  Legislate,  be 
substituted  for  the  report  of  the  Majority, 
Ought  to  Pass  with  Amendment,  spoke  to  her 
motion  and  yielded  to  questions. 

Reps.  Christy,  Brady,  Leslie  and  Gary 
Dionne  spoke  in  favor  of  the  motion. 

Reps.  Vartanian  and  G.  Philip  Rodgers 
spoke  against  the  motion  and  yielded  to 
questions. 

Reps.  William  Roberts,  Lawrence  Guay  and 
Quimby  spoke  against  the  motion. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

Rep.  Parr  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  89  NAYS  228 

YEAS  89 

BELKNAP:   Gary  Dionne  and  Hildreth. 

CARROLL:   None. 

CHESHIRE:  Barber,  Eisengrein,  Proctor, 
Rouillard  and  Patricia  Russell. 

COOS:   Chardon  and  Mayhew. 

GRAFTON:   CHiambers,  Christy,  Clark, 
Copenhaver,  Crory,  Driscoll,  Hammond, 
Michael  King  and  Glyneta  Thomson. 

HILLSBOROUGH:   Ahlgren,  Brack,  Burkush, 
Casinghino,  Cronin,  DeForte,  Gagnon, 
Gelinas,  Hall,  Head,  Hendrick,  Katsiaficas, 
LaPierre,  Lefebvre,  Martineau,  Mulligan, 
Nardi,  Naro,  Nemzoff,  Pastor,  Plomaritis, 
Denise  Raiche,  Roy,  Edward  Smith,  Soucy, 
Spirou,  James  Sullivan,  Sweeney,  Vachon, 
Robert  Wheeler,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Brady,  Carroll, 
Degnan,  Lewis,  Morse,  Paire,  Rayno,  Rick 
Trombly  and  Mary  Jane  Wallner. 

ROCKINGHAM:   Aeschliman,  Blanchette,  Camuso, 
Connors,  Cotton,  Hoar,  Hollingworth, 
Krasker,  Leslie,  Joseph  MacDonald,  Norman 
Myers,  Pantelakos,  Read,  Myrtle  Rogers, 
Warburton  and  Wojnowski. 

STRAFFORD:  Belhumeur,  Bernard,  Chagnon, 
Demetracopoulos,  Donnelly,  Anita  Flynn, 
Maglaras,  Pageotte  and  Schreiber. 

SULLIVAN:  Brodeur,  Forrest,  Sim  Gray  and 
LeBrun. 

NAYS  228 

BELKNAP:  Birch,  Earle  Hardy,  Holbrook, 
Lamprey,  Christina-O'Neill,  Pearson, 
Randall,  Rich,  Rollins,  David  Whittemore  and 
Zeckhausen. 

CARROLL:  Allen,  Chase,  Esther  Davis, 
Dickinson,  Heath,  Keller,  Kenneth  MacDonald 
and  Kenneth  Smith. 


42 


HOUSE  JOURNAL  2FEB82 


CHESHIRE:   Baybutt,  Crane,  Jesse  Davis, 
Daniel  Eaton,  Ernst,  Robert  Galloway, 
Gordon,  Johnson,  Lane,  Matson,  Miller, 
O'Connor,  Perry,  Margaret  Ramsay,  Scranton 
and  Jean  White. 

COOS:   Beau  lac,  Brideau,  Brungot,  Bums, 
Chappell,  Richard  Demers,  Lawrence  Guay, 
Horton,  George  Lemire,  Oleson,  Theriault, 
Wiswell  and  York. 

GRAFTON:   Buckman,  Nelson  Chamber lin, 
LaMott,  Logan,  Look,  Mann,  Mansfield, 
Pepitone,  Rounds,  Taffe,  Walter,  Ward  and 
Roger  Wood . 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahem, 
Ahrens,  Ainley,  Amidon,  Arnold,  Bosse, 
Bridgewater,  Carpenter,  Carragher,  Carswell, 
Charpentier,  William  Dion,  Dolbec,  Donovan, 
Duffett,  Clyde  Eaton,  Joseph  Eaton,  Ford, 
Richard  Galway,  Granger,  Sal  Grasso,  Heald, 
Healy,  Horan,  Howard  Humphrey,  Kashulines, 
Keefe,  Kizala,  Knight,  Lamy,  Lawrence, 
Leclerc,  Levesque,  Howard  Mason,  Mazur, 
McGlynn,  Messier,  Milton  Meyers,  Murray, 
Norman  Packard,  Chris  Papadopoulos,  George 
Papadopoulos,  Aime  Paradis,  Pariseau, 
Peters,  Peter  Ramsey,  Robie,  G.  Philip 
Rodgers,  William  Russell,  Sallada,  Silva,  B. 
P.  Smith,  Leonard  Smith,  Steiner,  Stone, 
Stylianos,  Mary  Sullivan,  Tamposi,  Turgeon, 
Vergas,  Ware,  Watson,  Emma  Wheeler,  Kenneth 
Wheeler  and  M.  Arnold  Wight. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  Bowes, 
John  Gate,  Milton  Gate,  Daniell,  Dean, 
Hanus,  Holmes,  Kidder,  Locke,  Nichols,  David 
Packard,  Parker,  Doris  Riley,  Margaret 
Roberts,  William  Roberts,  Savaria,  Gerald 
Smith,  Stark,  Stio,  Stockman,  Lawrence 
Sullivan,  Trachy,  Waters,  James  Whittemore, 
Wiviott  and  Zimmerman. 

ROCKINGHAM:   William  Boucher,  Burdick, 
Butler,  Cahill,  Carpenito,  Cote,  Day, 
Ellyson,  Felch,  Flanagan,  Flanders,  Beverly 
Gage,  Thomas  Gage,  Kenneth  Gould,  Selma 
Gould,  Greene,  John  Hynes,  Kane,  Kelley, 
Roger  King,  Kozacka,  Lockhart,  LoFranco, 
Lovejoy,  Mace,  Robert  Mason,  Nevins,  Newell, 
Osborn,  Parr,  Quimby,  Romoli,  Scamman, 
Schmidtchen,  Schwaner,  Shurtleff,  Skinner, 
Splaine,  Stimmell,  Sytek,  Vartanian,  Vlack, 
John  Walker,  Wolfsen,  Christopher  Wood, 
Raymond  Wood  and  Woodman. 

STRAFFORD:   Appleby,  Bickford,  Blouin, 
Bouchard,  Brown,  James  Chamber lin,  Albert 
Dlonne,  Kinoaid,  Meader,  Sackett,  Donald 
Smith,  Lawrence  Smith,  Franklin  Torr,  Ralph 
Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  David  Campbell, 
Cutting,  D'Amante,  Gordon  Flint,  Leonard 
Gray,  Ingram,  Palmer,  Quinlan,  Spaulding  and 
Townsend,  and  the  motion  lost. 

Reps.  French  and  James  Demers  abstained 
from  voting  under  Rule  16. 

Rep.  Patricia  Russell  notified  the  Clerk 
that  she  inadvertently  voted  yea  and  meant 
to  vote  nay. 

Question  being  on  the  adoption  of  the 
Committee  amendment. 

Amendment  adopted. 

Ordered  to  third  reading. 


HB  27,  relative  to  educational  expenses 
for  certain  handicapped  children.  Ought  to 
Pass  with  Amendment. 

HB  27,  as  amended,  clarifies  confusing 
language  and  resolves  inconsistencies  in 
three  existing  statutes,  RSA  186-C:13, 
RSA  193:27-29,  and  RSA  126-A:U9,  all 
pertaining  to  liability  for  special 
education  costs.   It  limits  the 
financial  liability  of  school  districts 
for  students  three  to  21  years  old 
presently  at  the  Laconia  State  School  to 
the  state  average  per  pupil  cost  for  the 
biennium,  after  which  school  districts 
will  accept  full  responsibility  under 
RSA  186-C.  HB  27  also  makes  an 
appropriation  to  insure  the  continued 
existence  of  the  special  education 
program  at  the  New  Hampshire  Hospital 
for  the  rest  of  the  fiscal  year  and 
establishes  a  mechanism  that  would 
enable  school  districts  to  utilize  the 
program  as  an  out-of-district  placement 
on  a  fee  for  service  basis.  Vote  17-0. 
Rep.  Betty  Jo  Taffe  for  Education. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  educational  expenses  for  certain 

handicapped  children  and  relative  to  the 

special  education  program  of  the  child 

and  adolescent  unit  at  the  New 

Hampshire  hospital  and  making 

an  appropriation  therefor. 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1  Expense  Liability.  Amend  RSA 
186-C: 13  (supp)  as  inserted  by  1981,  352:2 
as  amended  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

186-C: 13  Liability  for  Expenses.  All 
expenses  incurred  by  a  school  district  in 
administering  the  law  in  relation  to 
education  for  educationally  handicapped 
children  shall  be  paid  by  the  school 
district  where  the  child  resides,  except  as 
follows: 

I.  When  an  educationally 
handicapped  child  is  placed  in  a  home  for 
children  or  health  care  facility  as  defined 
in  RSA  193:27,  the  liability  for  expenses 
for  such  child  shall  be  determined  in 
accordance  with  RSA  193:29. 

II.  When  an  educationally 
handicapped  child  is  placed  in  a  state 
institution,  the  liability  for  expenses  for 
such  child  shall  be  determined  in  accordance 
with  RSA  186-C: 19. 

2  State  Institutions.  Amend  RSA  186-C 
by  inserting  after  section  18  the  following 
new  sections: 

186-C: 19  Educationally  Handicapped 
Children  in  State  Institutions. 


HOUSE  JOURNAL  2JAN82 


43 


I.  For  an  educationally 
handicapped  child  in  a  state  institution, 
the  school  district  responsible  for 
selecting  and  funding  the  child's  special 
education  or  special  education  and 
educationally  related  services  shall  be  as 
follows: 

(a)  If  such  child  is  in  the 
legal  custody  of  the  parent,  the  school 
district  in  which  the  child's  parent  resides 
shall  be  the  liable  school  district. 

(b)  If  such  child  is  not  in 
the  legal  custody  of  the  parent,  or  if  the 
parent  resides  outside  the  state,  the  school 
district  in  which  the  child  last  resided 
before  placement  in  a  state  institution, 
home  for  children  or  health  care  facility  as 
defined  in  RSA  193:27  shall  be  the  liable 
school  district. 

II.  For  an  educationally 
handicapped  child  in  a  state  institution, 
the  responsible  school  district  shall  be 
liable  for  the  costs  of  all  special 
education  or  special  education  and 
educationally  related  services  as  provided 
in  the  school  district's  individualized 
education  plan  for  that  child  except  as 
follows:  For  the  1982  and  1983  fiscal 
years,  the  responsible  school  district's 
annual  financial  liability  for  a  child  who 
was  enrolled  at  the  Laconia  state  school  and 
training  center  as  of  July  1,  198 1,  shall 
not  exceed  the  applicable  state  average  per 
pupil  cost  as  determined  by  the  state  board 
of  education,  and  the  state  shall  be  liable 
for  the  balance  of  such  costs,  which  shall 
in  no  case  be  taken  from  the  $10,000,000 
appropriated  for  state  aid  under  RSA 
186-C:l8.  If  more  than  one  school  district 
is  liable  for  such  a  child  during  a  single 
fiscal  year,  the  total  annual  financial 
liability  to  the  school  districts  shall  not 
exceed  the  applicable  state  average  per 
pupil  cost,  said  liability  to  be  prorated  on 
a  per  diem  basis.   For  such  a  child  who  is 
enrolled  at  the  Laconia  state  school  and 
training  center  for  less  than  a  full  year, 
the  liability  for  such  costs  shall  be 
prorated  on  a  per  diem  basis  by  the  Laconia 
state  school  and  training  center. 

III.  Nothing  in  paragraphs  I  or  II 
of  this  section  shall  diminish  the 
responsibility  of  the  financially  liable 
school  district  as  defined  in  paragraph  I  to 
develop  and  implement  an  individualized 
education  plan  or  to  fulfill  its  obligations 
under  other  sections  of  this  chapter  for  an 
educationally  handicapped  child  in  a  state 
institution,  regardless  of  whether  such 
child  was  initially  placed  by  a  school 
district,  the  parent  or  some  other  agent. 

IV.  "State  institution"  as  used  in 
this  section  means  the  New  Hampshire 
hospital,  the  Laconia  state  school  and 
training  center,  and  the  youth  development 
center. 

186-C:20  Special  Education  Program  of 
the  Child  and  Adolescent  Unit  at  the  New 
Hampshire  Hospital. 

I.  Notwithstanding  the  provisions 
of  any  other  law  to  the  contrary,  the 
expenses  for  an  educationally  handicapped 
child  assigned  to  the  special  education 
program  of  the  child  and  adolescent  unit  at 
the  New  Hampshire  hospital  shall  be  the 


responsibility  of  the  school  district  so 
assigning  the  child.   Such  a  school  district 
shall  pay  all  the  fees  and  rates  established 
annually  for  the  special  education  program 
of  the  child  and  adolescent  unit  by  a 
committee  composed  of  the  commissioner  of 
health  and  welfare  or  his  designee,  the 
commissioner  of  education  or  his  designee,  a 
representative  of  a  local  school  district 
appointed  by  the  joint  education  council, 
the  superintendent  of  the  New  Hampshire 
hospital  or  his  designee,  and  an  individual 
appointed  by  the  Governor's  commission  for 
the  handicapped.  A  school  district  shall 
not  be  liable  under  this  section  for 
court-ordered  or  placements  not  agreed  to  by 
the  school  district. 

II.  The  special  education  program 
of  the  child  and  adolescent  unit  shall 
receive  all  the  moneys  paid  by  school 
districts  under  this  section  and  is 
authorized  to  receive  and  expend  such  funds 
to  operate  the  program.  Under  no 
circumstances  shall  the  special  education 
program  of  the  child  and  adolescent  unit 
expend  more  than  it  receives  under  this 
section. 

3  Application  of  Receipts.   Amend  RSA 
6:12,  Km)  and  (n)  (supp)  as  inserted  by 
1981,  500:2  and  by  I98I,  223:3  by  striking 
out  said  subparagraphs  and  inserting  in 
place  thereof  the  following: 

(m)  Moneys  received  under  RSA 
457:29,  which  shall  be  credited  to  the 
special  fund  for  domestic  violence  programs; 

(n)  The  share  of  the  normal 
yield  tax  going  to  the  department  of 
resources  and  economic  development  under  RSA 
79:1'<  which  shall  be  credited  to  the 
unincorporated  places  forest  conservation 
fund ;  and 

(o)  Moneys  received  from 
school  districts  sending  children  to  the 
special  education  program  of  the  child  and 
adolescent  unit  at  the  New  Hampshire 
hospital  pursuant  to  RSA  186-C:20. 

1  Limitation;  Administration. 

I.  The  limitation  on  expenditures 
in  the  last  sentence  of  RSA  186-C:20  shall 
not  be  applicable  until  the  fund  established 
under  RSA  186-C:20  and  RSA  6:12,  I(o)  has 
sufficient  funds  to  support  the  special 
education  program  of  the  child  and 
adolescent  unit  at  the  New  Hampshire 
hospital  or  until  June  30,  1983,  whichever 
is  earlier.  The  limitation  for  the  fiscal 
year  commencing  July  1,  1981,  and  ending 
June  30,  1982,  shall  be  the  sum  appropriated 
for  such  fiscal  year  by  this  act  and  any 
sums  received  under  RSA  186-C:20 

II.  The  state  treasurer  shall 
collect  the  fees  pursuant  to  RSA  186-C:20 
and  RSA  6:12,  I(o).  He  shall  pay  the 
expenses  of  administering  this  act  out  of 
the  appropriation  made  by  this  act  and  any 
sums  received  pursuant  to  RSA  186-C:20  and 
RSA  6:12,  1(0)  for  the  fiscal  year  ending 
June  30,  1982.   If  by  that  date  the  sum  in 
the  special  account  established  in  RSA  6:12, 
1(0)  is  not  sufficient  for  the 
administration  of  the  special  education 
program  of  the  child  and  adolescent  unit  at 
the  New  Hampshire  hospital,  he  shall  pay  the 
expenses  of  administering  this  act  out  of 


44 


HOUSE  JOURNAL  2FEB82 


any  money  in  the  treasury  not  otherwise 
appropriated  until  the  fees  under  RSA 
186-C:20  and  RSA  6:12,  I(o)  received  by  him 
are  sufficient  but  no  longer  than  June  30, 
1983.  Thereafter  he  shall  pay  the  expenses 
of  administering  this  chapter  out  of  the 
fees  collected  hereunder  and  shall  reimburse 
the  treasury  for  previous  expenses  paid  by 
him.  The  governor  is  authorized  to  draw  his 
warrant  for  the  sums  authorized  by  this 
section  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

5  Appropriation. 

I.  There  is  hereby  appropriated  to 
the  department  of  health  and  welfare, 
division  of  mental  health  and  developmental 
disability,  for  the  special  education 
program  of  the  child  and  adolescent  unit  at 
the  New  Hampshire  hospital  the  sum  of 
$90,000  for  the  fiscal  year  ending  June 

30,  1982.   The  governor  is  authorized  to 
draw  said  sums  from  any  money  in  the 
treasury  not  otherwise  appropriated. 

II.  The  sums  appropriated  under 
paragraph  I  shall  be  offset  by  the  funds 
received  under  the  provision  of  RSA  186-C:20 
and  RSA  6:12,  I(o).  Any  sums  received 
pursuant  to  these  sections  after  the 
effective  date  of  this  act  that  are  in 
excess  of  the  specific  sums  appropriated 
shall  be  used  to  reduce  the  fees  and  rates 
of  the  special  education  program  of  the 
child  and  adolescent  unit.  Any  such  sums  in 
excess  that  are  not  needed  for  such  program 
during  the  fiscal  year  received  shall  be 
kept  in  a  special  account  for  the  following 
fiscal  year. 

5  Exception  Added.  Amend  RSA  126-A:49 
(supp)  as  inserted  by  1977,  600:27,  II  by 
striking  out  said  section  and  inserting  in 
place  thereof  the  following: 

126-A:49  Educational  Expenses. 
Educational  expenses  of  any  resident  or 
patient,  who  is  capable  of  being  benefited 
by  instruction  and  who  is  between  6  and  21 
years  of  age,  as  required  under  statute  and 
incurred  in  the  institutions  named  in  or  at 
the  direction  of  the  commissioner  of  health 
and  welfare,  in  any  public  or  private 
institution  or  elsewhere,  shall  be  recovered 
from  the  school  district  in  which  the 
patient's  or  resident's  parents  or  legal 
guardian  reside  on  the  January  first 
preceding  the  recovery  up  to  the  state 
average  elementary  cost  per  pupil,  as 
determined  by  the  state  board  of  education 
for  the  preceding  school  year.  The 
liability  of  the  school  district  for  such 
expenses  shall  precede  that  of  the  persons 
or  estates  named  in  RSA  126-A:46  and  RSA 
126-A:i*7,  which  are  hereby  relieved  of 
liability  for  such  expenses  to  the  extent  of 
the  school  district's  liability.  This 
section  shall  not  apply  to  the  recovery  of 
expenses  for  special  education  or  special 
education  and  educationally  related  services 
in  the  case  of  an  educationally  handicapped 
Individual  as  determined  by  RSA  186-C,  which 
statute  shall  determine  the  extent  to  which 
educational  expenses  may  be  collected  from  a 
parent  or  school  district. 

7  Definitions  Amended.  Amend  RSA 
193:27,  IV  and  V  as  inserted  by  198I,  326:1 


by  striking  out  said  paragraphs  and 
inserting  in  place  thereof  the  following: 

IV.  "Sending  district"  means  the 
school  district  in  which  a  child  last 
resided  before  placement  in  a  home  for 
children,  health  care  facility,  or  state 
institution,  if  such  child  is  not  in  the 
legal  custody  of  a  parent  or  if  the  parent 
resides  outside  the  state;  if  the  child  is 
retained  in  the  legal  custody  of  a  parent 
residing  within  the  state,  "sending 
district"  means  the  school  district  in  which 
the  parent  resides. 

V.  "Receiving  district"  means  the 
school  district  in  which  a  home  for  children 
or  health  care  facility  is  located  if  a 
child  who  is  placed  therein  attends  a  public 
school  in  that  district  or  receives 
educational  services  from  that  district. 

8  State  Institutions  Deleted.  Amend 
RSA  193:29  as  inserted  by  198I,  326:1  by 
striking  out  said  section  and  inserting  in 
place  thereof  the  following: 

193:29  Liability  for  Education  of 
Children  in  Homes  for  Children  or  Health 
Care  Facilities. 

I.  For  any  child  placed  amd  cared 
for  in  any  home  for  children  or  health  care 
facility,  the  sending  district  shall  make 
payments  to  the  receiving  district  as 
follows: 

(a)  For  a  child  attending  a 
public  school  in  the  receiving  district  who 
receives  special  education  as  required  by 
RSA  186-C,  the  sending  district  is  liable 
for  the  average  per  pupil  cost  of  the 
receiving  district  as  estimated  by  the  state 
board  of  education  under  RSA  193:'*. 

(b)  For  a  child  attending  a 
public  school  to  which  the  receiving 
district  as  defined  in  RSA  193:27  shall  pay 
tuition  under  an  AREA  or  other  contractual 
agreement,  the  sending  district  as  defined 
in  RSA  193:27  is  liable  for  all  costs  which 
said  receiving  district  must  pay  under  that 
agreement. 

(c)  If  a  child  is  assigned  to 
an  out-of-district  special  education 
program,  the  sending  district  is  liable  for 
all  costs  which  the  receiving  district  must 
pay  under  RSA  186-C. 

II.  Actual  fiscal  liability  under 
paragraph  I  commences  upon  enactment  of  this 
statute.  However,  the  determination  of 
liability  as  applied  in  paragraph  I  refers 
to  children  placed  in  a  home  for  children  or 
health  care  facility  prior  to  as  well  as 
subsequent  to  enactment. 

III.  If  the  receiving  district 
receives  any  state  or  federal  aid  for 
educating  a  child  in  any  home  for  children 
or  health  care  facility,  including  but  not 
limited  to  aid  for  foster  children  under  RSA 
198:23,  that  amount  shall  be  deducted  from 
the  liability  of  the  sending  district  for 
that  child. 

IV.  The  agency  responsible  for 
placing  the  child  shall  inform  the  sending 
and  receiving  districts  of  where  the  child 
presently  resides  and  where  the  child  last 
resided  before  placement  in  a  home  for 
children,  health  care  facility,  or  state 


HOUSE  JOURNAL  2FEB82 


45 


institution  or  where  the  parent  of  the  child 
resides  if  the  child  is  in  the  legal  custody 
of  a  parent  who  resides  within  the  state. 

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

Rep.  Taffe  explained  the  Conmittee 
report . 

Amendment  adopted. 

Referred  to  Appropriations. 

Rep.  Paire  abstained  from  voting  under 
Rule  16. 

HB  33,  relative  to  the  regional  disposal 
districts.  Ought  to  Pass  with  Amendment. 
This  bill  provides  for  the  establishment 
of  a  regional  refuse  disposal  district 
with  less  than  all  the  towns  and  cities 
within  a  region  voting  to  support  such  a 
district.  Vote  16-0.  Rep.  Jack 
LoFranco  for  Environment  and  Agriculture. 

Amendment 

Amend  section  3  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 

following: 

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

Amendment  adopted. 
Ordered  to  third  reading. 
Rep.  Paire  abstained  from  voting  under 
Rule  16. 

HB  22,  relative  to  the  review  of  the 
liquor  commission  -  administration. 
Majority:   Inexpedient  to  Legislate. 
Minority:   (Reps.  John  W.  Hynes  and  George 
E.  Lemire)  Ought  to  Pass  with  Amendment. 
MAJORITY:  The  Committee  voted  10  to  8 
that  this  bill  was  inexpedient  to 
legislate  as  most  good  qualities  of  the 
bill  are  already  contained  in  SB  5. 
Rep.  William  A.  Russell  for  the  Majority 
of  Regulated  Revenues. 

MINORITY:  The  minority  of  the  Committee 
feels  that  HB  22,  as  amended,  offers  the 
best  solution  to  reestablishing  the 
Liquor  Commission  with  stated  safeguards 
for  both  the  employees  and  the  state. 
The  vote  was  3  to  2  in  subconmittee  and 

10  to  8  in  executive  session.  Reps. 
John  W.  Hynes  and  George  E.  Lemire  for 
the  Minority  of  Regulated  Revenues. 

Rep.  John  Hynes  moved  that  the  report  of 
the  Minority,  Ought  to  Pass  with  Amendment, 
be  substituted  for  the  report  of  the 
Majority,  Inexpedient  to  Legislate,  and 
spoke  to  his  motion. 

Reps.  Roger  Wood,  William  Russell,  Jean 
White,  Rounds  and  Bosse  spoke  against  the 
motion. 

Rep.  Spirou  spoke  in  favor  of  the  motion 
and  yielded  to  questions. 

Rep.  Chambers  moved  that  further 
consideration  of  HB  22  be  laid  upon  the 
table. 

Rep.  Baybutt  requested  a  roll  call. 
Sufficiently  seconded. 


BALKNAP: 
CARROLL : 


(Speaker  presiding) 

YEAS   110  NAYS  212 

YEAS   1 10 

Gary  Dionne  and  Hildreth. 

None. 


CHESHIRE:  Barber,  Daniel  Eaton,  Eisengrein, 
Miller,  Proctor,  Margaret  Ramsay,  Rouillard 
and  Patricia  Russell. 

COOS:  Beaulac,  Brideau,  Richard  Demers, 
Lawrence  Guay,  George  Lemire,  Mayhew,  Oleson 
and  York. 

GRAFTON:   Chambers,  Copenhaver,  Crory  and 
Michael  King. 

HILLSBOROUGH:   Debora  Ahem,  Ahlgren, 
Ainley,  Arnold,  Brack,  Burkush,  Casinghino, 
Cronin,  Donovan,  Gagnon,  Richard  Galway, 
Gelinas,  Healy,  Hendrick,  Horan,  Kaklamanos, 
Katsiaficas,  Lamy,  Leclerc,  Lefebvre, 
Levesque,  McGlynn,  Mulligan,  Naro,  Nemzoff, 
Chris  Papadopoulos,  George  Papadopoulos, 
Pastor,  Plomaritis,  Denlse  Raiche,  Peter 
Ramsey,  Robie,  Roy,  Edward  Smith,  Leonard 
Smith,  Soucy,  Spirou,  James  Sullivan,  Mary 
Sullivan,  Sweeney,  Vachon,  Watson,  Bernice 
Welch,  Robert  Wheeler,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Carroll,  Daniell, 
Degnan,  Morse,  Rayno,  Lawrence  Sullivan  and 
Mary  Jane  Wallner. 

ROCKINGHAM:  Aeschliman,  Blanchette,  Camuso, 
Carpenito,  Connors,  Cotton,  Hollingworth, 
John  Hynes,  Kozacka,  Krasker,  Leslie, 
Lockhart,  LoFranco,  Joseph  MacDonald,  Read, 
Splaine,  Wojnowski  and  Christopher  Wood. 

STRAFFORD:   Belhumeur,  Bernard,  Blouin, 
Bouchard,  Chagnon,  Demetracopoulos,  Albert 
Dionne,  Donnelly,  Anita  Flynn,  Kincaid, 
Maglaras,  Schreiber  and  Whitehead. 


SULLIVAN: 
LeBrun. 


Brodeur,  David  Campbell  and 


NAYS  212 


BELKNAP:  Birch,  Bowler,  French,  Earle 
Hardy,  Holbrook,  Lamprey,  Christina  O'Neill, 
Pearson,  Randall,  Rich,  Rollins,  David 
Whittemore  and  Zeckhausen. 

CARROLL:   Allen,  Chase,  Esther  Davis, 
Dickinson,  Heath,  Keller,  Kenneth  MacDonald 
and  Kenneth  Smith. 

CHESHIRE:  Baybutt,.  Crane,  Jesse  Davis, 
Ernst,  Robert  Galloway,  Gordon,  Johnson, 
Lane,  O'Connor,  Perry,  Scranton  and  Jean 
White. 

COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Horton,  Theriault  and  Wiswell. 

GRAFTON:  Buckman,  Christy,  Clark,  Driscoll, 
Hammond,  LaMott,  Logan,  Look,  Mann, 
Mansfield,  Pepitone,  Rounds,  Taffe,  Glyneta 
Thomson,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:  Richard  Ahem,  Ahrens, 
Amidon,  Bosse,  Bridgewater,  Carpenter, 


46 


HOUSE  JOURNAL  2FEB82 


Carragher,  Carswell,  Charpentier,  DeForte, 
William  Dion,  Dolbec,  Duffett,  Clyde  Eaton, 
Joseph  Eaton,  Ford,  Granger,  Sal  Grasso, 
Hall,  Head,  Heald,  Howard  Humphrey, 
Kashulines,  Keefe,  Kizala,  Knight,  LaPierre, 
Lawrence,  Martineau,  Howard  Mason,  Mazur, 
Messier,  Milton  Meyers,  Murray,  Norman 
Packard,  Aime  Paradis,  Pariseau,  Peters,  G. 
Philip  Rodgers,  William  Russell,  Sallada, 
Silva,  B.  P.  Smith,  Steiner,  Stone, 
Stylianos,  Tamposi,  Turgeon,  Vergas,  Ware, 
Emma  Wheeler,  Kenneth  Wheeler  and  M.  Arnold 
Wight. 

MERRIMACK:   Bibbo,  Laurent  Boucher,  Bowes, 
Brady,  John  Gate,  Milton  Gate,  Dean,  Hanus, 
Holmes,  Kidder,  Lewis,  Locke,  Nichols,  David 
Packard,  Paire,  Parker,  Doris  Riley, 
Margaret  Roberts,  William  Roberts,  Savaria, 
Gerald  Smith,  Stark,  Stio,  Stockman,  Trachy, 
Underwood,  Waters,  James  Whittemore,  Wiviott 
and  Zinmerman. 

ROCKINGHAM:   William  Boucher,  Burdick, 
Butler,  Cahill,  Cote,  Day,  Ellyson,  Felch, 
Flanagan,  Flanders,  Beverly  Gage,  Thomas 
Gage,  Kenneth  Gould,  Selma  Gould,  Greene, 
Hoar,  Kane,  Kelley,  Roger  King,  Love Joy, 
Mace,  Robert  Mason,  Norman  Myers,  Nevins, 
Newell,  Osborn,  Pantelakos,  Parr,  Quimby, 
Myrtle  Rogers,  Romoli,  Scamman,  Schmidtchen, 
Schwaner,  Shurtleff,  Skinner,  Stimmell, 
Sytek,  Tavitian,  Vartanian,  Vlack,  John 
Walker,  Warburton,  Wolfsen,  Raymond  Wood  and 
Woodman . 

STRAFFORD:   Appleby,  Bickford,  Brown,  James 
Chamber lin,  James  Demers,  Drew,  Hennessey, 
Meader,  Pageotte,  Sackett,  Donald  Smith, 
Lawrence  Smith,  Franklin  Torr  and  Ralph  Torr. 

SULLIVAN:   Ardinger,  Cutting,  D'Amante, 
Gordon  Flint,  Forrest,  Leonard  Gray,  Sim 
Gray,  Ingram,  Palmer,  Quinlan,  Spaulding  and 
Towsend,  and  the  motion  lost. 

Question  being  on  the  Hynes  motion  to 
substitute  Ought  to  Pass  with  Amendment. 
Motion  lost. 
Resolution  adopted. 

HB  24,  relative  to  the  sale  of  liquor. 
Inexpedient  to  Legislate. 

The  full  Committee  unanimously  agreed  by 
a  vote  of  18-0,  that  this  bill  would 
result  in  a  reduction  of  revenue  to  the 
General  Fund  in  the  amount  of  $6,000,000 
in  1981)  and  each  year  thereafter.  Rep. 
William  A.  Russell  for  Regulated 
Revenues. 

Rep.  Horan  spoke  to  the  Committee  report. 
Reps.  William  Russell  and  Bosse  spoke  in 
favor  of  the  Committee  report. 
Resolution  adopted. 

SB  5,  relative  to  the  real  estate 
commission,  the  board  of  nursing  education 
and  nurse  registration  and  the  liquor 
commission.  Majority:  Ought  to  Pass  with 
Amendment.  Minority:   (Reps.  John  W.  Hynes 
and  George  E.  Lemire)  Ought  to  Pass  with 
Amendment. 


MAJORITY:   The  Committee  did  not 
consider  the  real  estate  commission  and 
nursing  sections  of  SB  5  because  HBs  8 
and  14  cover  them.  This  bill,  as 
amended,  renews  the  Liquor  Commission  - 
Administration  for  a  6  year  period  under 
the  Sunset  Act.   It  contains  a  provision 
specifying  the  duties  of  the  Liquor 
Commissioners  and  specifies  4  personnel 
positions  in  the  Commission  and  the 
duties  of  each  position.  The  bill  also 
requires  the  approval  of  the  Governor 
and  Council  on  contracts  of  the 
Commission.  A  class  B  felony  has  been 
established  for  a  state  official  or 
employee  who  intervenes  with  the 
selection  or  dismissal  of  a  liquor 
representative;  also,  if  he  knowingly 
intervenes  in  the  stocking,  display, 
listing,  delisting  or  marketing 
policies,  practices,  or  decisions  of  the 
Commission  regarding  products  authorized 
by  the  Commission  to  be  sold  in  this 
state.  Vote  10-8.  Rep.  Jean  T.  White 
for  the  Majority  of  Regulated  Revenues. 
MINORITY:   The  minority  moves  that  SB  5 
be  amended  by  striking  out  all  after  the 
enacting  clause  and  substituting  HB  22, 
as  amended.  Vote  10-8.  Reps.  John  W. 
Hynes  and  George  E.  Lemire  for  the 
Minority  of  Regulated  Revenues. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  sunset  review  of  the  liquor 

conmission  -  administration. 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1  Liquor  Commission  -  Administration 
Renewed.  Notwithstanding  any  other 
provision  of  law  or  previous  action  taken  by 
the  general  court,  the  liquor  commission  - 
administration,  PAU  021301,  is  hereby 
renewed  for  6  years.  The  agency  or  program 
shall  terminate  on  July  1,  1987,  subject  to 
RSA  17-G. 

2  Designation  of  Commissioners.  Amend 
RSA  176:1  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

176:1  Commission.  There  shall  be  a 
state  liquor  commission  consisting  of  3 
members  appointed  by  the  governor  with  the 
consent  of  the  council.  One  member  shall  be 
designated  the  chairman,  one  shall  be 
commissioner  of  enforcement  and  one  shall  be 
commissioner  for  operations.  Not  more  than 
2  members  shall  belong  to  the  same  political 
party.  Each  member  shall  hold  office  for  a 
term  of  6  years  and  until  his  successor  has 
been  appointed  and  qualified.  If  a  vacancy 
shall  occur  in  said  commission,  it  shall  be 
filled  for  the  remainder  of  the  term.  Any 
or  all  of  said  commissioners  may  be  removed 
by  the  governor  and  council  for  cause. 

3  Duties  of  Commissioners.  Amend  RSA 
176  by  inserting  after  section  3  the 
following  new  section: 


HOUSE  JOURNAL  2FEB82 


47 


176:3-a  Duties.  The  primary  duties  of 
the  liquor  commissioners  shall  be  to 
maximize  state  revenue,  to  maintain  proper 
control  and  to  be  solely  responsible  for  the 
efficient  and  effective  operation  of  the 
commission. 

4  New  Positions.  Amend  RSA  176  by 
inserting  after  section  7  the  following  new 
section: 

176:7-a  Personnel.  In  addition  to  all 
other  staff  employed  by  the  commission,  the 
commission  shall  appoint  the  following 
personnel  who  shall  be  classified  state 
employees.  Such  personnel  shall  be 
responsible  for  overseeing  the  functions  of 
the  commission  and  shall  perform  such 
additional  duties  as  the  commissioners  shall 
from  time  to  time  assign: 

I.  There  shall  be  a  chief  of 
licensing  and  enforcement  who  shall  report 
directly  to  the  commissioner  in  charge  of 
enforcement.  He  shall  have  such  labor  grade 
as  may  be  determirjed  by  the  department  of 
personnel.  He  shall  supervise  the 
day-to-day  activities  of  the  commission's 
enforcement  and  licensing  functions.  The 
chief  shall  handle  all  license 
applications.  The  chief  shall  make 
recommendations,  in  writing,  to  the 
commissioner  of  enforcement,  on  whether  to 
grant  the  license  application.  The 
commissioner  shall  then  either  grant  or  deny 
the  request,  stating  his  reasons  In 
writing.  An  aggrieved  applicant  may  appeal 
the  commissioner's  decision  to  the 
commission  as  a  whole.  Revocations  and 
suspensions  of  licenses  shall  follow  the 
same  procedure. 

II.  There  shall  be  a  director  of 
marketing,  merchandising,  and  store 
operations  who  shall  have  such  labor  grade 
as  may  be  determined  by  the  department  of 
personnel  and  who  shall  be  responsible  for 
the  operations  of  the  commission  including, 
but  not  limited  to,  marketing, 
merchandising,  and  store  operations.  He 
shall  report  directly  to  the  commissioner  of 
operations.  The  director  of  marketing, 
merchandising  and  store  operations  shall 
recommend  sales  to  promote  competitive 
position,  coordinate  in-store  promotion  with 
advertising  programs,  recommend  to  the 
commissioner  of  operations  the  delisting  of 
products  not  meeting  gross  profit  levels  and 
the  listing  of  products  that  will  maximize 
profits  to  the  state,  control  expenditures 
within  appropriated  funds,  recommend  changes 
in  store  locations  and  hours,  and  plan  store 
activities  to  provide  maximum  customer 
service  and  sales  and  advertising.  The 
director  shall  be  responsible  for 
recommending,  in  writing,  to  the 
commissioner  of  operations,  the  listing  and 
delisting  of  products  with  justifiable, 
written  reasons  for  the  recommendation.  All 
requests  for  listings  and  delistings  of 
products  shall  be  made  to  the  director  of 
marketing,  merchandising,  and  store 
operations,  in  writing,  for  consideration  of 
a  recommendation.  All  requests  received  by 
said  director  shall  be  forwarded  to  the 
commissioner  of  operations  within  30  days, 
whether  they  carry  a  positive  or  a  negative 
recommendation.  The  commissioner  shall  then 
approve  or  disapprove  the  recommendation, 
stating  his  reasons  in  writing.  An 


applicant  may  appeal  to  the  commission,  in 
writing,  any  negative  decision  of  the 
commissioner.  Additionally,  the  director  of 
marketing,  merchandising,  and  store 
operations  shall  be  responsible  for  sales 
promotions,  mark-up  recommendations  and 
advertising. 

III.  There  shall  be  a  director  of 
warehousing  and  transportation  who  shall 
have  such  labor  grade  as  may  be  determined 
by  the  department  of  personnel  and  who  shall 
be  responsible  for  the  warehousing  and 
transportation  functions  of  the  commission. 
The  director  of  warehousing  and 
transportation  shall  develop  plans  to 
operate  warehouses  in  the  most  efficient 
manner,  maintain  traffic  rate  information, 
develop  security  measures  to  minimize  loss 
of  inventory  and  make  recommendations  to  the 
commission  for  improvements  in  material 
handling. 

IV.  There  shall  be  a  director  of 
data  processing  and  accounting  who  shall 
have  such  labor  grade  as  may  be  determined 
by  the  department  of  personnel  and  who  shall 
be  responsible  for  the  data  processing 
activities  and  accounting  systems  of  the 
commission.  The  director  of  data  processing 
and  accounting  shall  maintain  records  to 
assure  fiscal  and  inventory  control,  prepare 
reports  as  required  by  the  commission, 
design  and  implement  internal  security 
procedures  to  minimize  losses  to  the  state, 
gather  and  consolidate  information  for 
budgetary  and  other  purposes,  and  recommend 
to  the  commission  imprpvements  in  the 
commission's  hardware  and  software  as  may  be 
needed  to  keep  the  system  current  with 
industry. 

5  Positions  Abolished. 
Nothwithstanding  any  other  provision  of  law, 
the  positions  of  executive  director,  manager 
of  merchandising,  manager  of  accounts,  and 
manager  of  data  processing  established  by 
the  governor  and  council  and  the  select 
committee  on  liquor  oversight  pursuant  to 
the  laws  of  1979,  434:113  are  hereby 
abolished  and  the  terms  of  the  incumbents 
therein  terminated. 

6  Approval  of  Leases  aind  Contracts. 
Amend  RSA  177:1  as  amended  by  striking  out 
said  section  and  inserting  in  place  thereof 
the  following: 

177:1  State  Stores.  The  commission  may 
lease  and  equip  in  the  name  of  the  state, 
such  stores,  warehouses,  and  other 
merchandising  facilities  for  the  sale  of 
liquor  as  are  necessary  to  carry  out  the 
provisions  hereof.  Any  lease  or  contract 
made  pursuant  hereto  shall  be  approved  by 
the  attorney  general  and,  in  the  case  of  a 
contract,  by  governor  and  council  as  well  as 
the  attorney  general,  before  becoming 
effective;  rules  adopted  under  RSA  8:13, 
especially  under  paragraph  VI  thereof,  shall 
govern  all  such  contracts.  No  newly 
established  state  store  shall  be  operated 
within  200  feet  of  any  public  or  private 
school,  church,  chapel,  or  parish  house. 

7  Registration  Required.  Amend  RSA 
175:3  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

175:3  Licenses  Required.  No  person 
shall  manufacture  for  sale  or  sell  or  keep 
for  sale  any  liquor  or  beverage  without 
first  registering  to  do  business  with  the 


48 


HOUSE  JOURNAL  2FEB82 


secretary  of  state  and  obtaining  a  license 
or  permit  therefor  under  the  provisions  of 
this   title. 

8  Vendor  License.     Amend  RSA   175   by 
inserting  after  section  3-b  the   following 
new  section: 

175:3-c     Vendor  License.      Any  liquor 
company   desiring   to   sell   liquor   other   than 
wine  governed  by  RSA   178-A  shall   register  to 
do  business  with  the  commission  and  obtain  a 
liquor  vendor's   license.     Said   license  shall 
expire  annually  on  May  31   and   be  renewed 
annually  by  the  commission,    upon 
application,    unless   the  commission   finds, 
after  notice  and  hearing,    that   the   renewal 
thereof  would   be  against   the  public 
interest.     The  annual  fee   for  a  liquor 
vendor's  license  shall  be: 

I.  For  a  vendor  who  has  not 
previously  sold  liquor  in  this  state  -  $400; 

II.  For  a  vendor  who  sold   in  this 
state   in  the  preceding  year,    less  than   1,000 
cases  of  liquor  -  $400; 

III.  For  a  vendor  who  sold   in  this 
state   in  the  preceding  year,    at  least   1,000 
cases  of  liquor  but  less  than  5,000   cases  of 
liquor  -  $2,000; 

IV.  For  a  vendor  who  sold   in  this 
state   in  the  preceding  year,    5,000  or  more 
cases  of  liquor  -  $4,000. 

9  Liquor  Representative  License; 
Penalty;    Employment  Prohibition;    Financial 
Statement  Required.     Amend  RSA   175   by 
inserting  after  section   14  the   following  new 
sections: 

175:15     Liquor  Representative  License. 
A  liquor  representative's   license  shall 
authorize  the  holder  thereof  to  offer  for 
sale  or  solicit  orders   for  the  sale  of  any 
liquor,    except  wine  covered  by  RSA   178-A,    if 
the  vendor  of  such  liquor   is   the  holder  of  a 
manufacturer's  or  vendor's   license  or 
certificate.     The  annual  fee,    due  May  31, 
shall  be  $50   for  each   liquor 
representative.     The  commission  shall 
approve  all  applications  for   licenses 
authorized  under  this   section  unless   it 
shall  have  good  cause  not   to  approve  one. 

175:16     Penalty. 

I.  It   shall  be  unlawful  for  any 
elected  state  official  knowingly  to: 

(a)  Intervene    in   the 
selection,    employment  or  dismissal  of  any 
liquor  representative,    wine   solicitor,    or 
other  agent  or  employee  of  any  distiller, 
importer,    rectifier,    or  other  holder  of  a 
manufacturer's  permit  or  license,    liquor 
vendor's   license,    or  manufacturer's  wine 
certificate; 

(b)  Intervene   in  the 
stocking,    display,    listing,    delisting,    or 
marketing  policies,    practices,    or  decisions 
of  the  commission  regarding  products 
authorized  by  the  conanission  to  be  sold  in 
this  state. 

II.  It  shall  be  unlawful  for  any 
member  or  employee  of  the  commission 
knowingly  to   intervene   in  the  selection, 
employment  or  dismissal  of  any  liquor 
representative,    wine  solicitor,    or  other 
agent  or  employee  of  any  distiller, 
importer,    rectifier,    or  other  holder  of  a 
manufacturer's  permit  or  license,    liquor 
vendor's  license,   or  manufacturer's  wine 
certificate. 


III.  It  shall  be  unlawful,    except 
as  authorized   by  procedural  regulations 
promulgated   by  the  commission,    for  any 
liquor  representative,    wine  solicitor, 
liquor   vendor,    or  wine   vendor  knowingly   to 
intervene   in  the  stocking,    display,    listing, 
delisting,    or  marketing  policies,    practices, 
or  decisions  of  the  commission   regarding 
products  authorized   by  the  commission  to   be 
sold   in  this  state. 

IV.  Any  person  who  shall  be 
convicted  of  violating  any  provision  of  this 
section  shall  be  guilty  of  a  class  B  felony. 

175:17     Employment  Prohibited. 
Notwithstanding  any  other  provision  of  law, 
no  elected  state  official,    member  of  the 
liquor   commission,    or  employee   of  the   liquor 
commission  shall  be  a  sales  representative 
of  any  person,    firm,    partnership, 
corporation,   association,    or  company  which 
sells   liquor  or  wine   to   the  state  of  New 
Hampshire   for  a  period  of  2  years   from  the 
date   that   such  person   leaves  office  or 
terminates  such  employment. 

175:18     Annual  Financial  Statement.     Any 
person  who  sells  any  liquor  or  wine  to  the 
commission  shall   file  a  financial  statement 
with  the  secretary  of  state  on  or  before 
April   15  on  a  form  to   be  prescribed   by  the 
secretary  of  state  which  shall  specify  all 
of  the   fees,    emoluments,    commissions, 
salaries,    wages  and   compensation  of  any  sort 
paid  by  such  person,   or  on   behalf  of  such 
person,    for   liquor   or   wine   sold   to   the 
commission  during  the  prior  year.     Any 
person  who  violates  the   provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor. 

10  Repeal.  RSA  178-A:4  relative  to 
price  restrictions  on  the  retail  sale  of 
wine   is  hereby   repealed. 

11  Wine  Sales.      Amend  RSA   178-A:21,    I 
and  II  as   inserted   by   1978,    3:1    by  striking 
out  said  paragraphs  and   inserting  in  place 
thereof   the    following: 

I.  A  schedule  of  hours  and 
procedures  by  which  holders  of  retail  wine 
licenses  may  purchase  table  wines  by  the 
case  at  state   retail   liquor  stores. 

II.  A  schedule  of  hours  and 
procedures  by  which  table  wines  may  be 
purchased   for  resale   by  holders  of  retail 
wine   licenses  at  a  price  of  25  percent   less 
than   the   regular  retail  price. 

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

Amendment  adopted. 
Referred   to  Appropriations. 

SB   10,   establishing  a  dam  maintenance 
fund   for  Merrymeeting  Lake  Dam  and  making  an 
appropriation   therefor.     Majority:     Ought  to 
Pass  with  Amendment.     Minority:      (Reps.   Joan 
M.   Schreiber  and  Phoebe  A.    Chardon)     Ought 
to  Pass. 

MAJORITY:     Senate  Bill   10,   as  amended, 
establishes  a  dam  maintenance   fund  with 
revenue  derived   from  state   leased  hydro 
projects  which  are  authorized  with 
Governor  and   Council  approval.     The   fund 
will   be  used   to  maintain  and   repair 
state-owned  dams,    and  specifically 
addresses  the   repair  to   the  Merrymeeting 
Lake  Dam  and  nine  other  state-owned  dams 
which  are  currently  under  breach  or 


HOUSE  JOURNAL  2FEB82 


49 


repair  orders.     Vote   11-2.     Rep.   Lee 
Anne  S.   Steiner  for  the  Majority  of 
Resources,    Recreation  and  Development. 
MINORITY:     The  minority  members  of  the 
Committee  support  passage  of  the 
original  bill   which  provides  $200,000 
for  repairs  of  an  emergency  nature   to 
the  Merrymeeting  Dam. 
The  minority  members  oppose  passage  of 
the  amendment  which   is  a  substitute  -   in 
effect  an  entirely  new  bill. 
The  dam  maintenance   fund  established   by 
this  amendment   is  derived  not   from 
"state   leased  hydro  projects"  as  the 
majority  report   states,    but   rather 
according  to  the  State  Treasurer   from  a 
bond    issue   which  mortgages   the   state   to 
the  tune  of  $2.5  million   in  principal 
and  at   least  $3-15  million   in  interest 
and/or  (it   is  not  clear)   from  an 
appropriation  of  $2.2  million  -  a 
possible  total  general  obligation  to   the 
state  of  $7.85  million  -  this  at  a  time 
when  the  state   is   in  financial 
difficulty,    its  position   in  the  bond 
market  delicate,    its  credit  rating  in 
question. 

This  amendment   also   authorizes   the  Water 
Resources  Board   to  expend   from  this  dam 
maintenance   fund  such  amounts   "as  are 
necessary"   for  the   repair  and 
reconstruction  of  10  named  dams  and 
other  unnamed  minor  projects   -   the 
"necessary"   to  be  determined  not   by  the 
Legislature   but  by  the  Water  Resources 
Board. 

The   revenue  anticipated   from  hydro 
project   leases,    which   is  earmarked   in 
this  amendment   to  supply  the  dam 
maintenance   fund,    is  a  yet  unproven 
source  -  not  now  available  and   in  the 
future     shrouded  with  numerous  unknowns 
such  as  start  up   time,    collection  or 
production  problems,    adjustment  of 
PUC-established  rates. 

In  the  view  of  the  minority  members,    the 
provisions  offered   in  this  amendment 
need  a   lot  more  study. 
The  minority  members  believe  that   this 
amendment   removes  from  the  Legislature 
both  flexibility  and  control  over   the 
allocation  of  funds  and  contains  too 
many   far-reaching  commitments, 
uncertainties,    and  ambiguities  to   be 
passed  at   this  time.      (Reps.   Joan  M. 
Schreiber  and  Phoebe  A.   Chardon   for  the 
Minority  of  Resources,    Recreation  and 
Development) . 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

establishing  a  dam  maintenance   fund   for 

the  repair  and  reconstruction  of 

state-owned  dams. 

Amend   the  bill  by  striking  out  all  after 
the  enacting  clause  and   inserting  in  place 
thereof  the   following: 


1     New  Subdivision.     Amend  RSA  481    by 
inserting  after  section  28  the   following  new 
section: 

U8l:29     Definitions.     As  used   in  this 
subdivision,    the    following  words  and   terms 
shall  have  the   following  meanings  unless  a 
contrary  meaning  shall  appear  in  the  text: 

I.  "Contract  construction"  shall 
mean  work   performed  after  competitive  bid   by 
use  of  an   independent  contractor   in 
combination  with  the  construction  division 
of  the  water  resources  board; 

II.  "Emergency"   shall  mean  a 
circumstance  whereby  life  or  property  is 
threatened  or  will   be  threatened  unless  work 
is  performed   in  a  timely  manner; 

III.  "Force  account"  shall  mean 
use  of  a  work   force  and  equipment  directly 
on   the  state   payroll,    including  rented 
equipment  and  associated   labor  at  current 
state  of  New  Hampshire  equipment   rental 
rates; 

IV.  "Minor  project"  shall  mean 
maintenance  work  performed  on  a  periodic 
basis   with  costs  not  exceeding  $20,000; 

V.  "Reconstruction"  shall  mean 
performance  of  major  amounts  of  work  on  most 
if  not  all  of  the  structure   to   restore   it  to 
its  original  condition  or  to  upgrade   it  to 
current  design  standards  with  the  cost   in 
excess  of  $75,000; 

VI.  "Repair"   shall  mean 
performance  of  intermediate  amounts  of  work 
on  a  portion  of  a  structure  on  an  occasional 
basis  with  costs  not  exceeding  $75,000. 
Repair  items   include,    but  are  not   limited 
to,    replacement  of  gates,    refacing  of  eroded 
concrete,    repair  or  replacement  of 
wingwalls,    placement  of  riprap  and  emergency 
repairs. 

481:30     Fund  Established.      In  order  for 
the  state  of  New  Hampshire   to  meet   its 
commitments   to  maintain  its  dams  and 
impoundments   for  future  generations  and 
promote   the  safety  of  the   public,    there   is 
hereby  established  a  dam  maintenance   fund   to 
cover  the  cost  of  performing  work  on 
state-owned  dams.     This  fund  shall  be 
non-lapsing. 

481:31     Bonds  Authorized.     To  provide 
working  capital   for   initiation  of  the   fund 
established   in  RSA  481:30,    the  state 
treasurer  is  hereby  authorized   to   borrow 
upon   the  credit  of  the  state   the  sum  of 
$2,500,000  and   for  said  purpose  shall   issue 
bonds  and  notes   in  the  name  of  and  on   behalf 
of  the  state  of  New  Hampshire   in  accordance 
with  RSA  6-A. 

481:32     Hydro   Funds.      Revenue   to   the 
state   resulting  from  the   leasing  of 
state-owned  dams   for  hydroelectric 
generation  shall  be  credited   to   the   fund 
established   in  RSA  481:30   for  the  purpose  of 
the   retirement  of  bonds  and  notes  authorized 
by  RSA  481:31.      Any  amount  of  revenue  over 
and  above  the  amount   required   to  retire  said 
bonds  shall  be  credited   to  the  dam 
maintenance   fund   for  the   repair  and 
reconstruction  of  other  state-owned  dams 
authorized   by  the   legislature  and  with  the 
approval  of  governor  aind  council. 

481:33  Expenditure.     Notwithstanding 
other  provisions  of  law,    the  New  Hampshire 
water  resources  board  shall  expend  such  sums 
from  the   dam  maintenance   fund  as  are 


50 


HOUSE  JOURNAL  2FEB82 


necessary  for  performance  of  work  on 
state-owned  dams  only  in  the  following 
categories: 

I.  Minor  projects  and  emergency 
repairs,  which  may  be  completed  by  force 
account  methods  by  the  construction  and 
operating  divisions  of  the  water  resources 
board  in  accordance  with  the  provisions  of 
the  manual  of  procedure; 

II.  Repair  projects,  which  may  be 
completed  by  force  account  methods  by  the 
construction  division  of  the  water  resources 
board  and  shall  be  authorized  by  the 
legislature  with  the  approval  of  governor 
and  council; 

III.  Reconstruction  projects, 
which  shall  be  completed  by  contract 
construction  or  force  account  and  shall  be 
authorized  by  the  legislature  with  the 
approval  of  governor  and  council. 

2  Dams  Authorized  for  Repair  or 
Reconstruction  or  Both.  It  is  hereby 
determined  to  be  necessary  to  repair, 
reconstruct  or  repair  and  reconstruct  the 
following  dams  in  the  interest  of  public 
safety  and  benefit  and  the  expenditure  of 
such  sums  as  are  necessary  is  hereby 
authorized: 

I.  Water  resources  board  dams 
(a)  Goose  Pond  Dam,  Canaan 


and  Hanover; 

Nottingham; 

Manchester; 

Goffstown; 

II. 


(b)  Crystal  Lake  Dam,  Enfield; 

(c)  Pawtuckaway  Lake  Dikes, 

(d)  Kelley  Falls  Dam, 

(e)  Gregg  Falls  Dam, 


Other  state  dams 

(a)  Department  of  resources 
and  economic  development 

( 1 )  May  Pond  Dam, 
Washington; 

Winchester; 


New  Durham; 

Durham; 

Alton. 


(2)  Pisgah  Reservoir; 

(b)  Fish  and  game  department 
( 1 )  Merrymeeting  Lake, 


(2)  New  Durham  Pond,  New 

(3)  Alton  Power  Dam, 


Rep.  Townsend  moved  the  previous 
question.   Sufficiently  seconded.   Adopted. 

Rep.  Baybutt  requested  a  division. 

230  members  having  voted  in  the 
affirmative  and  74  in  the  negative,  the 
amendment  was  adopted. 

Referred  to  Appropriations. 

HB  30,  imposing  an  amusement  machine 
permit  fee,  and  making  an  appropriation 
therefor.   Refer  for  Interim  Study. 

The  majority  of  the  Committee  feels  the 
bill  merits  further  consideration.   As 
the  bill  stands  there  are  substantial 
administrative  problems  and  at  the  $100 
per  machine  it  would  only  raise 
$500,000.   If  this  bill  is  to  be 
expanded  to  raise  much  money  the 
Committee  feels  the  impact  should  be 
studied  further  and  not  passed  in  a 
Special  Session.  Vote  11-3.  Rep.  W. 
Douglas  Scamman  for  Ways  and  Means. 

Referred  for  Interim  Study. 

Rep.  Bosse  moved  that  the  House  now 
adjourn  from  the  early  session,  that  the 
business  of  the  late  session  be  in  order  at 
the  present  time,  that  the  reading  of  bills 
be  by  title  only  and  resolutions  by  caption 
only  and  that  all  bills  ordered  to  third 
reading  be  read  a  third  time  by  this 
resolution,  and  that  all  titles  of  bills  be 
the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  and  when  the  House 
adjourn  today  it  be  to  meet  Thursday, 
February  4,  at  1:00  p.m. 

Adopted. 

LATE   SESSION 
Third   reading  and   final  passage 

HB   13,    relative  to   the  exclusion  of 
automobile  dealers  and  manufacturers   from 
regulation  as  insurance  companies. 

HB  33,    relative  to  the  regional  disposal 
districts. 

UNANIMOUS  CONSENT 

Rep.   Johnson  addresed   the  House  by 
unanimous  consent. 


3  Appropriation.     The  sums  of 
$1,800,000   for  the   repair  and   reconstruction 
of  the  dams  contained   in  section  2  of  this 
act  and  $400,000   for  minor  repair  or 
reconstruction  projects  authorized   by  this 
act  are  hereby  appropriated   to   the  dam 
maintenance   fund  established   by   this  act. 

4  Repeal.     RSA  270:5,   VII  relative  to  a 
special  fund   for  the  repair  and  maintenance 
of  dams   is  hereby  repealed. 

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

Rep.  "Lamprey  spoke  to  the  amendment  and 
yielded  to  questions. 

Rep.   Chardon  spoke  against   the  amendment 
and  yielded  to  questions. 

Reps.   LaMott  and  Heald  spoke  in  favor  of 
the  amendment  and  yielded  to  questions. 

Rep.   Schreiber  spoke  against   the 
amendment. 

Reps.   Felch  and  Oleson  spoke  in  favor  of 
the  amendment. 


There's  a  gathering  in  Concord 
Home  folks  can  only  guess   their  fate 
For  the  General  Court   is  meeting 
And   it's  going  to   legislate. 

There   is  talk   of  big  deficits 
One  can  only  speculate 
What   the  General  Court  will  do 
When  it  starts  to   legislate. 

To  divide  wealth  and  support  everyone 
Is  not  the  duty  of  the  State 
But  the  General  Court   is  meeting 
And   it's  going  to   legislate. 

They'll  try  to  "Sackett"  every  income 
And  attempt  to  regulate 
For  the  General  Court's  in  session 
And   it's  going  to  legislate. 


HOUSE  JOURNAL  2FEB82  51 


The  Liberals  and  Conservatives 
Can't  ever  seem  to  mediate 
And   the  spenders  win  the  voting 
when  it's  time  to  legislate. 

If  we  could  practice  some  economy 
Or  perhaps  metriculate 
It  wouldn't  be  so  scary 
When  we  come  to  legislate. 

The  folks  back  home  will  pay  the   tab 
Whether  small  or  probably  great 
For  that's  what  happens  when 
The  General  Court  meets   to  legislate. 

My  friends  we  represent  our  people 
Let's   resolve  to  play  it  straight 
For  we're  the  General  Court 
And  we're  here  to  legislate. 

Rep.  Townsend  moved   that  Rep.   Johnson's 
remarks  be  printed  in  the  Journal. 
Adopted. 

Rep.  Bosse  moved  that   the  House  stand   in 
recess  for  the  purpose  of  Introduction  of 
Bills  and  Enrolling  Reports  only. 

Adopted. 

RECESS 

Rep.   French  moved  that  the  House  adjourn. 
Adopted. 


52 


HOUSE 
JOURNAL  5 

Thursday  4Feb82 


The  House  assembled  at  1:00  p.m.,  the 
hour  to  which  it  stood  adjourned,  and  was 
called  to  order  by  the  Speaker. 

Prayer  was  offered  by  the  House 
Chaplain,  Rev.  William  L.  Quirk. 

Let  us  Pray: 

Lord  in  heaven.  You  have  chosen  us  all 
to  be  Your  people,  the  members  of  Your 
earthly  family. 

Assist  us  in  our  work  so  that  we  may  be 
Your  instruments  to  heal  those  who  are 
wounded,  touch  those  in  pain.  May  our 
vision  be  to  comfort  all  from  the  mountains 
to  the  sea . 

May  we  all  believe  mightily,  hope 
joyfully  and  love  divinely.  Amen. 

Rep.  Hendrick  led  the  Pledge  of 
Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  Thomas  Hynes,  Rand,  Sanders, 
Howard,  Myrl  Eaton  and  Rouillard,  the  day, 
illness. 

Reps.  Moore,  Wallace,  James  Humphrey, 
Snell,  Blake,  Amidon,  Mooradian,  James 
O'Neill,  Willey,  Appel,  Demetracopoulos, 
Cahill  and  Ralph  Torr,  the  day,  important 
business. 

Rep.  Chardon,  the  day,  death  in  the 
family. 

INTRODUCTION  OF  GUESTS 

James  E.  Whittemore,  son  of  Rep.  James 
Whittemore;  Mrs.  Nancy  Laurentz,  guest  of 
Rep.  Brown;  G.  Byron  Champlin  and  Mr.  Waldo 
Merritt  from  Rhode  Island,  guests  of  the 
House;  Elizabeth  Adamovich,  Cathy  Savage, 
Donna  Byron  and  Isabel  Evora,  Oyster  River 
Middle  School  students,  guests  of  Rep. 
Sackett;  Ian  Austin,  International  Exchange 
student  from  Birmingham,  England,  guest  of 
Rep.  William  Roberts. 

SENATE  MESSAGE 
CONCURRENCE 

HB  6,  creating  the  New  Hampshire 
municipal  bond  bank  educational  institutions 
bond  financing  act. 

HB  7,  relative  to  the  sale  of  prison 
products  and  their  purchase  by  state 
institutions. 


ENROLLED  BILLS  REPORT 

HB  5,  creating  the  New  Hampshire 
municipal  bond  bank  educational  institutions 
bond  financing  act. 

HB  7,  relative  to  the  sale  of  prison 
products  and  their  purchase  by  state 
institutions. 

Rep.  Baybutt  and  Sen.  Lamontagne 
For  the  Committee. 

INTRODUCTION  OF  SENATE  BILL  AND  SCR 
First,  second  reading  and  referral 

SB  19-FN,  relative  to  the  dates  for  the 
collection  of  taxes  in  the  city  of  Dover. 
(Municipal  and  County  Government) 

SCR   1,    on   the   death  of  Arthur  M.    Drake. 

SUSPENSION  OF  RULES 

Reps.  Bosse  and  Spirou  moved  that  the 
Rules  be  so  far  suspended  as  to  permit 
consideration  at  the  present  time  of  SCR  1 , 
on  the  death  of  Arthur  M.  Drake,  and  that 
the  resolution  be  adopted  at  the  present 
time,   (printed  SJ  2/3) 

Adopted  by  the  necessary  two-thirds. 

The  Assistant  Clerk  read  the  resolution. 
Unanimously  adopted  by  a  rising  vote  of 
silent  prayer. 

COMMITTEE  REPORTS 
(Regular  Calendar) 

HB  14-FN,  relative  to  the  nurses 
registration  board.   Majority:   Ought  to 
Pass.   Minority:   Reps.  Stuart  Trachy,  Ada 
L.  Mace,  Robert  G.  Holbrook  and  Frederick  T. 
Ernst. 

MAJORITY:   The  Committee  has  worked 
throughout  two  sessions  to  improve  the 
functions  and  administration  of  the  many 
state  boards  and  commissions  under  its 
jurisdiction.   The  state's  registered 
nurses  and  licensed  practical  nurses 
will,  under  this  bill,  have  their 
registration  system  reestablished. 
Amendments  to  this  bill  would  have 
improved  board  structure  and  authority, 
and  it  is  hoped  these  matters  will  be 
addressed  in  future  legislation.  Vote 
13-4  for  the  bill  in  its  present  form. 
MINORITY:   The  minority  of  the  Committee 
strongly  supports  the  reinstatement  of 
the  Board  of  Nursing,  but  cannot  support 
HB  14  unamended.   This  bill,  along  with 
all  the  other  bills  reinstating 
occupational  licensing  boards,  was 
considered  thoroughly  by  the  Executive 
Departments  and  Administration  Committee 
during  the  1981  regular  session. 
Criteria  for  the  structure  and  operation 
of  the  board  was  established  and  applied 
to  all  the  boards  with  few  exceptions. 
This  criteria  was  endorsed  25  times  last 
year  by  the  House  and  23  times  by  the 
Senate.  Much  of  this  criteria  is  not 
included  in  House  Bill  14.  The  minority 
proposed  compromise  amendments  that 
provided  for  the  following:  6  members 
on  the  board  (instead  of  5 ) ,  stronger 
public  member  definition,  the  option  of 
using  a  hearing  officer,  and  a 
continuing  competency  program.  The 


HOUSE  JOURNAL  4FEBB2 


53 


minority  also  agreed  to  strike  out  the 
section  of  the  bill  dealing  with  the 
computerization  of  records.  The 
minority  wants  to  point  out  a  serious 
flaw  in  HB  14  that  allows  the 
Commissioner  of  Education  to  keep  the 
fees  collected,  in  a  separate  fund, 
whereas  all  other  boards'  fees  are 
deposited  in  the  general  fund.  This 
minority  report  is  submitted  by  the 
majority  of  the  Subcommittee  on  HB  14. 

Rep.  Trachy  spoke  against  the  Committee 
report. 

Reps.  Hildreth,  William  Boucher,  Butler 
and  Spirou  spoke  in  favor  of  the  report. 

Reps.  Townsend  and  Ward  spoke  to  the 
report. 

Rep.  Baybutt  moved  the  previous 
question.   Sufficiently  seconded.   Adopted. 

Rep.  Hildreth  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  326   NAYS  6 

YEAS  326 

BELKNAP:  Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Hildreth, 
Holbrook,  Lamprey,  Christina  O'Neill, 
Pearson,  Randall,  Rich,  Rollins,  David 
Whittemore  and  Zeckhausen. 

CARROLL:   Allen,  Barringer,  Chase, 
Dickinson,  Heath,  Keller,  Kenneth  MacDonald 
and  Kenneth  Smith. 

CHESHIRE:  Barber,  Baybutt,  Crane,  Jesse 
Davis,  Daniel  Eaton,  Ernst,  Robert  Galloway, 
Gordon,  Hickey,  Johnson,  Lane,  Lynch, 
Matson,  Miller,  O'Connor,  Perry,  Proctor, 
Margaret  Ramsay,  William  Riley,  Patricia 
Russell,  Scranton  aind  Jean  White. 

COOS:  Beau  lac,  Brideau,  Brungot,  Bums, 
Chappell,  Richard  Demers,  Lawrence  Guay, 
Horton,  Langley,  George  Lemire,  Mayhew, 
Oleson,  Theriault,  Wiswell  and  York. 

GRAFTON:   Buckman,  Nelson  Chamber lin. 
Chambers,  Christy,  Clark,  Copenhaver,  Crory, 
Driscoll,  Hammond,  Michael  King,  LaMott, 
Logan,  Look,  Lynde,  Mann,  Mansfield, 
Melendy,  Pepitone,  Rounds,  Seely,  Taffe, 
Glyneta  Thomson,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Debora  Ahem,  Richard  Ahem, 
Ahrens,  Ainley,  Arnold,  Baker,  Bosse,  Brack, 
Bridgewater,  Burkush,  Carpenter,  Carragher, 
Carswell,  Casinghino,  Charpentier, 
Coutermarsh,  Cronin,  Crotty,  William  Dion, 
Dolbec,  Donovan,  Duffett,  Clyde  Eaton, 
Joseph  Eaton,  Ford,  Gagnon,  Richard  Galway, 
Gelinas,  Granger,  Sal  Grasso,  James  Hardy, 
Head,  Heald,  Healy,  Hendrick,  Horan,  Howard 
Humphrey,  Kaklamanos,  Kashulines, 
Katsiaficas,  Keefe,  Kizala,  Knight,  Lamy, 
LaPierre,  Lawrence,  Leclerc,  Lefebvre, 
Levesque,  Madigan,  Martineau,  Howard  Mason, 
Mazur,  McGlynn,  Messier,  Milton  Meyers, 
Mulligan,  Murray,  Nardi,  Naro,  Nemzoff, 
Norman  Packard,  Chris  Papadopoulos,  George 
Papadopoulos,  Aime  Paradis,  Pariseau, 
Pastor,  Peters,  Plomaritis,  Peter  Ramsey, 
Robie,  G.  Philip  Rodgers,  Roy,  William 
Russell,  Sallada,  Silva,  B.  P.  Smith,  Edward 


Smith,  Leonard  Smith,  Soucy,  Spirou, 
Steiner,  Stone,  Stylianos,  James  Sullivan, 
Mary  Sullivan,  Sweeney,  Tamposi,  Turgeon, 
Vachon,  Vergas,  Ware,  Watson,  Bernice  Welch, 
Emma  Wheeler,  Kenneth  Wheeler,  Robert 
Wheeler,  James  J.  White,  M.  Arnold  Wight, 
Winn  and  Zajdel. 

MERRIMACK:   Bellerose,  Bibbo,  Laurent 
Boucher,  Bowes,  Brady,  Carroll,  John  Gate, 
Milton  Gate,  Daniell,  Dean,  Degnan,  Hanus, 
Holmes,  Kidder,  Lewis,  Locke,  Morse, 
Nichols,  David  Packard,  Paire,  Parker, 
Rayno,  Doris  Riley,  Margaret  Roberts, 
William  Roberts,  Savaria,  Gerald  Smith, 
Stark,  Stio,  Stockman,  Lawrence  Sullivan, 
Mary  Jane  Wallner,  Waters,  Ashton  Welch, 
James  Whittemore,  Wiviott  and  Zimmerman. 

ROCKINGHAM:   Aeschliman,  Benton,  Blanchette, 
William  Boucher,  Burdick,  Butler,  Marilyn 
Campbell,  Carpenito,  Cote,  Cotton,  Day, 
Ellyson,  Espinola,  Felch,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Selma  Gould,  Greene,  Hoar, 
Hollingworth,  John  Hynes,  Kane,  Kelley, 
Roger  King,  Kozacka,  Krasker,  Leslie, 
LoFranco,  Love joy,  Joseph  MacDonald,  Mace, 
Robert  Mason,  Norman  Myers,  Nevins,  Newell, 
Osborn,  Pantelakos,  Parr,  Pevear,  Quimby, 
Myrtle  Rogers,  Romoli,  Scamman,  Schmidtchen, 
Schwaner,  Shurtleff,  Skinner,  Splaine, 
Stimmell,  Sytek,  Tavitian,  Vartanian,  Vlack, 
John  Walker,  Warburton,  Wolf sen,  Raymond 
Wood  and  Woodman. 

STRAFFORD:   Belhumeur,  Bernard,  Bickford, 
Blouin,  Bouchard,  Brown,  Chagnon,  James 
Chamberlin,  Creteau,  James  Demers,  Phyllis 
DeNafio,  Teresa  DeNafio,  Albert  Dionne, 
Donnelly,  Drew,  Anita  Flynn,  Gauvin, 
Hennessey,  Kincaid,  Maglaras,  Meader, 
Pageotte,  Sackett,  Donald  Smith,  Lawrence 
Smith,  Franklin  Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  Brodeur,  David 
Campbell,  Cutting,  D'Amante,  Gordon  Flint, 
Forrest,  Leonard  Gray,  Sim  Gray,  Ingram, 
LeBrun,  Palmer,  Quinlan  and  Townsend. 

NAYS  6 

BELKNAP :   None . 

CARROLL:   None. 

CHESHIRE:   None 

COOS :   None . 

GRAFTON:   None. 

HILLSBOROUGH:   Hall. 

MERRIMACK:   Trachy. 

ROCKINGHAM:   Read  and  Wojnowski. 

STRAFFORD:   Appleby  and  Schreiber. 

SULLIVAN:  None,  and  the  Committee  report 
was  adopted. 

Rep.  Maureen  Raiche  abstained  from 
voting  under  Rule  16. 


54 


HOUSE  JOURNAL  4FEB82 


Rep.  Labombarde  notified  the  Clerk  that 
he  wished  to  be  recorded  in  favor  of  the 
committee  report. 

Referred  to  Appropriations. 

HB  2,  reapportioning  the  house  of 
representatives  and  delegates  to  state 
conventions.   Majority:   Ought  to  Pass  with 
Amendment.   Minority:   (Reps.  Chris  Spirou, 
Peter  C.  Hildreth,  James  M.  Demers,  Maura 
Carroll,  Michael  B.  King,  Romeo  J. 
Theriault,  David  B.  Campbell  and  Delina  R. 
Hickey)  Ought  to  Pass  with  Amendment. 

MAJORITY:   The  reapportionment  of  the 
New  Hampshire  House  has  been  under  study 
for  eight  months.  Plans  for  every 
county  have  been  established,  discarded, 
reapproved  and  revised  over  and  over 
again.  Rules  of  procedure  and  desirable 
numerical  results  have  been  imposed  by 
rulings  of  our  United  States  Supreme 
Court.   These  legal  requirements  have 
pressured  the  Committee  to  make  some 
unpopular  decisions. 

Some  have  felt  this  search  for  correct 
and  fair  solutions  has  indicated  a  lack 
of  determination  and  an  inability  to 
make  up  the  collective  mind. 
To  the  contrary,  the  early  attempts, 
based  on  a  desire  to  please  incumbents 
and  political  leaders,  were  discarded  in 
the  face  of  strong  objections  to  reach  a 
solution  of  fairness  to  the  person  of 
paramount  importance  -  the  individual 
citizen.   The  state-wide  deviation  is 
13.74$. 

Unfortunately,  from  this  Chairman's 
viewpoint,  the  Committee  vote  on  the 
total  amendment  was  drawn  on  party 
lines.  Several  county  plans  were 
approved  by  higher  margins  with 
endorsements  from  members  of  both 
parties. 

The  bill,  as  amended,  will  insure  a 
legal  and  fair  representation  of  New 
Hampshire  citizens  for  the  next  ten 
years. 

The  majority  of  the  Reapportionment 
Committee  now  presents  HB  2,  as  amended, 
and  recommends  its  adoption.  Vote  was 
12-7.   Rep.  Russell  C.  Chase  for  the 
Majority  of  Reapportionment. 
MINORITY:   The  Minority  Report  on  State 
Redistricting  is  based  on  the 


fundamental  New  Hampshire  principle  of 
"small"  district  representative 
government  and  in  compliance  with  the 
one-man/one-vote  principle. 
Speaker  Tucker,  for  the  first  time  in 
our  State's  history,  introduced 
"floterial  districts"  for  the  purposes 
of  State  Redistricting.   The  Minority 
reluctantly  agrees  with  the  Speaker  that 
it  is  the  only  process  available  to 
bring  the  State's  deviation  to  an 
acceptable  level. 

The  Minority  Report  is  presented  not  as 
a  partisan  position  but  rather  as  a 
genuine  attempt  to  have  our  State 
redistricted  in  the  fairest  way  possible 
while  respecting  the  traditional  New 
Hampshire  value  of  "small  district" 
representation. 

The  Minority  Plan  has  a  statewide 
deviation  of  13.13$  as  opposed  to  the 
13.74J  of  the  Majority  Report. 
More  importantly,  seven  (7)  counties  in 
the  Minority  Report  have  a  deviation  of 
less  than  10$.  Only  three  (3)  of  the 
counties  in  the  Majority  Report  are 
below  10$  in  deviation.   In  addition, 
six  (6)  in  the  Minority  Report  are  below 
the  deviation  for  those  counties  in  the 
Majority  Report.   Three  (3)  counties 
have  the  deviation  in  each  plan. 
We  believe  adoption  of  the  Minority 
Committee  Report  serves  the  best 
interest  of  all  of  our  citizens, 
complies  with  the  one-man/one-vote 
mandate,  respects  the  principle  of 
"small  town"  representation  and  is  fair 
to  both  political  parties.   (Reps.  Chris 
Spirou,  Peter  C.  Hildreth,  James  M. 
Demers,  Maura  Carroll,  Michael  B.  King, 
Romeo  J.  Theriault,  David  B.  Campbell 
and  Delina  R.  Hickey  for  the  Minority  of 
Reapportionment ) 

Amendment 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1   Reapportionment.   Amend  RSA  662:5 
(supp)  as  inserted  by  1979,  436:1  by 
striking  out  the  tables  in  that  section  and 
inserting  in  place  thereof  the  following: 


District  No.  1 


District  No.  2 
District  No.  3 


District  No.  4 

District  No.  5 

District  No.  6 

District  No.  7 

District  No.  8 

District  No.  9 

District  No.  10 


I.   Belknap  County 

Center  Harbor 

New  Hampton 

Sanbornton 

Til ton 

Center  Harbor 

New  Hampton 

Sanbornton 

Tilton 

Meredith 

Belmont 

Gilford 

Gilmanton 

Alton 

Barnstead 

Laoonia 

Laconia 

Laconia 

Laconia 


Ward  4 
Ward  1 
Ward  2 
Ward  5 


HOUSE  JOURNAL  4FEB82 


55 


District  No.  11 
District  No.  12 
District  No.  13 


District  No.  1 

District  No.  2 

District  No.  3 

District  No.  U 

District  No.  5 

District  No.  6 

District  No.  7 

District  No.  1 

District  No.  2 

District  No.  3 

District  No.  4 

District  No.  5 


District  No.  6 
District  No.  7 
District  No.  8 

District  No.  9 
District  No.  10 
District  No.  11 


District  No.  12 

District  No.  13 

District  No.  14 

District  No.  15 

District  No.  16 

District  No.  17 


District  No.    1 


Laconia 
Laconia 
Laconia 


II.      Carroll   County 

Bartlett 

Chatham 

Hart's  Location 

Jackson 

Conway 

Hale's  Location 

Albany 

Eaton 

Freedom 

Madison 

Sandwich 

Tamworth 

Moul ton borough 

Effingham 

Ossipee 

Tuftonboro 

Brookfield 

Wolfeboro 

Wakefield 

III.      Cheshire   County 

Alstead 

Walpole 

Chesterfield 

Surry 

Westmoreland 

Hinsdale 

Winchester 

Gilsum 

Marlow 

Stoddard 

Sullivan 

Dublin 

Harrisville 

Marlborough 

Nelson 

Roxbury 

Jaffrey 

Troy 

Fitzwilliam 

Richmond 

Rindge 

Swanzey 

Fitzwilliam 

Richmond 

Rindge 

Swanzey 

Keene 

Keene 

Keene 

Keene 

Keene 

Keene 

IV.   Coos  County 


Ward  3 

1 

Ward  6 

1 

Wards   1, 

.    2, 

3, 

5 

&  6 

1 

Ward  1 
Ward  2 
Ward  3 
Ward  4 
Ward  5 
Wards  1-5 


District  No.  2 


Pittsburg 

Clarksville 

Stewartstown 

Atkinson  &  Gilmanton  Academy  Grant 

Dix's  Grant 

Second  College  Grant 

Wentworth's  Location 

Dixville 

Colebrook 

Columbia 

Strafford 


56 


HOUSE  JOURNAL  4FEB82 


District  No.  3 

District  No.  4 

District  No.  5 

District  No.  6 


District  No.  7 


District  No.  8 

District  No.  9 

District  No.  10 

District  No.  11 

District  No.  12 


District  No.  1 

District  No.  2 

District  No.  3 

District  No.  4 

District  No.  5 

District  No.  6 


District  No.  7 
District  No.  8 


Odell 

Erving's  Location 

Millsfield 

Errol 

Cambridge 

Dummer 

Northumberland 

Stark 

Kilkenny 

Laincaster 

Jefferson 

Dal  ton 

Whitefield 

Northumberland 

Stark 

Kilkenny 

Lancaster 

Jefferson 

Dal ton 

Whitefield 

Success 

Shelbume 

Gorhara 

Randolph 

Carroll 

Low  &  Burbank's  Grant 

Chandler's  Purchase 

Crawford's  Purchase 

Bean's  Grant 

Thompson  &  Meserve's  I 

Sargent's  Purchase 

Cutt's  Grant 

Hadley's  Purchase 

Martin's  Location 

Green's  Grant 

Pinkham's  Grant 

Bean's  Purchase 

Berlin 

Berlin 

Berlin 

Berlin 

Milan 

Berlin 

Milan 

V.   Grafton  County 

Bethlehem 

Littleton 

Lisbon 

Lyman 

Monroe 

Franconia 

Sugar  Hill 

Landaff 

Benton 

Warren 

Lincoln 

Easton 

Woodstock 

Livermore 

Bath 

Haverhill 

Piermont 

Camp ton 

Ellsworth 

Dorchester 

Rumney 

Thornton 

Waterville  Valley 

Wentworth 

Lyme 

Orford 

Hebron 

Holderness 

Plymouth 

Groton 


Ward 
Ward 
Ward 
Ward 


Wards  1,2,3  &  4 


HOUSE  JOURNAL  4FEB82 


57 


District  No.  9 


District  No.  10 
District  No.  11 


District  No.  12 
District  No.  13 


Ashland 

Bridgewater 

Bristol 

Alexandria 

Canaan 

Enfield 

Grafton 

Orange 

Hanover 

Lebanon 

VI.  Hillsborough  County 


District  No.  1 


District  No.  2 
District  No.  3 
District  No.  4 


District  No.  5 


District  No.  6 
District  No.  7 


District  No.  8 


District  No.  9 

District  No.  10 

District  No.  11 

District  No.  12 

District  No.  13 

District  No.  14 

District  No.  15 

District  No.  16 


District  No.  17 


District  No.  18 

District  No.  19 

District  No.  20 

District  No.  21 

District  No.  22 
District  No.  23 
District  No.  24 
District  No.  25 

District  No.  26 


District  No.  27 

District  No.  28 

District  No.  29 

District  No.  30 

District  No.  31 
District  No.  32 
District  No.  33 
District  No.  34 
District  No.  35 

District  No.  36 
District  No.  37 
District  No.  38 


Deering 

Hillsborough 

Windsor 

2 

Antrim 

1 

Weare 

1 

New  Boston 

Francestown 

Bennington 

1 

Weare 

New  Boston 

Francestown 

Bennington 

1 

Goffstown 

5 

Hancock 

Greenfield 

Peterborough 

3 

Lynde bo rough 

Sharon 

Temple 

Wilton 

2 

Mont  Vernon 

Amherst 

4 

Milford 

4 

Bed  ford 

4 

Litchfield 

1 

Merrimack 

6 

Litchfield 

Merrimack 

1 

New  Ipswich 

1 

Greenville 

Mason 

Brook  line 

1 

New  Ipswich 

Greenville 

Mason 

Brook  line 

1 

Hollis 

2 

Hudson 

6 

Pelham 

3 

Hudson 

Pelham 

1 

Nashua 

Ward 

1 

5 

Nashua 

Ward 

2 

2 

Nashua 

Wards  1  and  2 

1 

Nashua 

Ward 

3 

Nashua 

Ward 

7 

5 

Nashua 

Ward 

4 

Nashua 

Ward 

6 

Nashua 

Ward 

9 

9 

Nashua 

Ward 

5 

2 

Nashua 

Ward 

8 

5 

Manchester 

Ward 

1 

4 

Manchester 

Ward 

2 

Manchester 

Ward 

6 

7 

Manchester 

Ward 

3 

3 

Manchester 

Ward 

4 

3 

Manchester 

Ward 

5 

3 

Manchester 

Ward 

7 

3 

Manchester 

Ward 

8 

Manchester 

Ward 

9 

7 

Manchester 

Ward 

10 

3 

Manchester 

Ward 

11 

3 

Manchester 

Ward 

12 

4 

58 


HOUSE  JOURNAL  4FEB82 


District  No.  1 

District  No.  2 

District  No.  3 

District  No.  4 

District  No.  5 

District  No.  6 

District  No.  7 


District  No.  8 

District  No.  9 

District  No.  10 

District  No.  11 

District  No.  12 
Northfield 

District  No.  13 

District  No.  It 

District  No.  15 

District  No.  16 


District  No.  1 
District  No.  2 


District  No.  3 
District  No.  4 


District  No.  5 

District  No.  6 

District  No.  7 

District  No.  8 

District  No.  9 

District  No.  10 

District  No.  11 


District  No.  12 
District  No.  13 


District  No.  14 
District  No.  15 


District  No.  16 


District  No.  17 
District  No.  18 


VII.  Merrimack  County 

Dan  bury 

Hill 

Wilmot 

Andover 

Salisbury 

New  London 

Newbury 

Sutton 

Warner 

Bradford 

Henniker 

Webster 

Bos ca wen 

Hopkinton 

Dun barton 

Bow 

Canterbury 

Loudon 

Pittsfield 

Chichester 

Epsom 

Pembroke 

Allenstown 

Hook sett 

Franklin 

Northfield 

Franklin 

Concord 
Concord 
Concord 
Concord 
Concord 

VIII.  Rockingham  County 

Northwood 

Deerfield 

Nottingham 

Candia 

Deerfield 

Nottingham 

Candia 

Auburn 

Chester 

Sandown 

Epping 

Raymond 

Derry 

Atkinson 

Hampstead 

Plaistow 

Kingston 

Newton 

Fremont 

Brentwood 

Danville 

Newmarket 

Newfields 

Exeter 

Sea brook 

East  Kingston 

Kensington 

South  Hampton 

Sea  brook 

East  Kingston 

Kensington 

South  Hampton 

Hampton 

Hampton  Falls 

North  Hampton 

Rye 

New  Castle 


4 
2 

3 
3 

1 

1 

Wards  1  and  2 
Ward  3 

Wards  5  thru  7 
Ward  4 
Ward  8 

4 
1 
4 

4 

HOUSE  JOURNAL  4FEB82 


59 


District  No. 

19 

Greenland 
Stratham 

2 

District  No. 

20 

Salem 

10 

District  No. 

21 

Windham 

2 

District  No. 

22 

Salem 
Windham 

1 

District  No. 

23 

Londonderry 

6 

District  No. 

24 

Portsmouth 

Wards  1  and  6 

3 

District  No. 

25 

Portsmouth 

Wards  2  and  5 

3 

District  No. 

26 

Portsmouth 
Newington 

Wards  3  and  4 

6 

IX.   Strafford  County 


District 

No. 

1 

Milton 
Middleton 
New  Durham 

2 

District 

No. 

2 

Farming ton 

2 

District 

No. 

3 

Harrington 

2 

District 

No. 

4 

Durham 
Lee 
Mad  bury 

6 

District 

No. 

5 

Rollinsford 

1 

District 

No. 

6 

Dover 

Wards 

4,  5  & 

6 

5 

District 

No. 

7 

Dover 

Wards 

1,  2  & 

3 

4 

District 

No. 

8 

Somersworth 

Wards 

1-5 

4 

District 

No. 

9 

Dover 
Somersworth 

Wards 
Wards 

1,  2  & 
1-5 

3 

1 

District 

No. 

10 

Strafford 
Rochester 

1( 

Sullivan  County 


District 

No. 

1 

Grantham 
Plainfield 
Cornish 
Springfield 

District 

No. 

2 

Croydon 
Newport 

District 

No. 

3 

Sunapee 

District 

No. 

4 

Goshen 
Washington 
Acworth 
Lempster 

District 

No. 

5 

Charlestown 
Langdon 

District 

No. 

6 

Claremont 

Ward  2 

District 

No. 

7 

Claremont 

Ward  3 

District 

No. 

8 

Claremont 
Unity 

Ward  1 

District 

No. 

9 

Claremont 
Unity 

Wards  1 

2  State  Party  Convention  Delegates.   Amend  RSA  662:6  (supp)  as  inserted 
by  1979,  436:1  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following: 

662:6  Delegates  to  State  Party  Conventions.   At  every  state  primary 
election,  the  voters  shall  elect  delegates  to  each  state  party  convention 
as  follows: 

I.   Belknap  County 


Alton 

Barnstead 

Belmont 

Center  Harbor 

Gilford 

Gilmanton 

Laoonia 

Laoonia 

Laconia 

Laoonia 

Laconia 

Laconia 

Meredith 


Ward 
Ward 
Ward 
Ward 
Ward 
Ward 


60 


HOUSE  JOURNAL  4FEB82 


New  Hampton 

Sanbornton 

Tilton 


Albany 

Bartlett 

Brookfield 

Chatham 

Conway 

Eaton 

Effingham 

Freedom 

Hale's  Location 

Hart's  Location 

Jackson 

Madison 

Moul ton borough 

Ossipee 

Sandwich 

Tamworth 

Tuftonboro 

Wakefield 

Wolfeboro 


II.  Carroll  County 


III.  Cheshire  County 


Alstead 

Chesterfield 

Dublin 

Fitzwilliam 

Gilsum 

Harrisville 

Hinsdale 

Jaffrey 

Keene 

Keene 

Keene 

Keene 

Keene 

Marlborough 

Marlow 

Nelson 

Richmond 

Rindge 

Roxbury 

Stoddard 

Sullivan 

Surry 

Swanzey 

Troy 

Walpole 

Westmoreland 

Winchester 


Ward  1 
Ward  2 
Ward  3 
Ward  n 
Ward  5 


IV.  Coos  County 


Atkinson  &  Gilmanton 

Academy  Grant 

Bean's  Grant 

Bean's  Purchase 

Berlin 

Ward  1 

Berlin 

Ward  2 

Berlin 

Ward  3 

Berlin 

Ward  4 

Cambridge 

Carroll 

Chandler's  Purchase 

Clarksville 

Cole brook 

Columbia 

Crawford's  Purchase 

Cutt's  Grant 

Dal  ton 

Dix's  Grant 

HOUSE  JOURNAL  4FEB82 


61 


Dixville 

Dummer 

Errol 

Erving's  Location 

Gorham 

Green's  Grant 

Hadley's  Purchase 

Jefferson 

Kilkenny 

Lancaster 

Low  &   Burbank's  Grant 

Martin's  Location 

Milan 

Millsfield 

Northumberland 

Ode  11 

Pinkham's  Grant 

Pittsburg 

Randolph 

Sargent's  Purchase 

Second  College  Grant 

Shelburne 

Stark 

Stewartstown 

Stratford 

Success 

Thompson  &  Meserve's  Purchase 

Wentworth's  Location 

Whitefield 


Grafton  County 


Alexandria 

Ashland 

Bath 

Benton 

Bethlehem 

Bridgewater 

Bristol 

Carapton 

Canaan 

Dorchester 

Easton 

Ellsworth 

Enfield 

Franconia 

Grafton 

Groton 

Hanover 

Haverhill 

Hebron 

Holderness 

Landaff 

Lebanon 

Lincoln 

Lisbon 

Littleton 

Livermore 

Lyman 

Lyme 

Monroe 

Orange 

Orford 

Pierniont 

Plymouth 

Rumney 

Sugar  Hill 

Thornton 

Warren 

Waterville  Valley 

Wentworth 

Woodstock 


62 


HOUSE  JOURNAL  4FEB82 


I.   Hillsborough  County 


Amherst 

Antrim 

Bedford 

Bennington 

Brook  line 

Deering 

Franoestovm 

Goffstown 

Greenfield 

Greenville 

Hancock 

Hillsborough 

Hollis 

Hudson 

Litchfield 

Lynde bo rough 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Mason 

Merrimack 

Mllford 

Mont  Vernon 

Nashua 

Nashua 

Nahsua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

New  Boston 

New  Ipswich 

Pelham 

Peterborough 

Sharon 

Temple 

Weare 

Wilton 

Windsor 


Ward  1 
Ward  2 
Ward  3 
Ward  4 
Ward  5 
Ward  6 
Ward  7 
Ward  8 
Ward  9 
Ward  10 
Ward  11 
Ward  12 


Ward 

Ward 

Ward 

Ward 

Ward 

Ward 

Ward 

Ward  8 

Ward  9 


VII.  Merrimack  County 


Allenstown 

Andover 

Boscawen 

Bow 

Bradford 

Canterbury 

Chichester 

Concord 

Concord 

Concord 

Concord 

Concord 

Concord 

Concord 

Concord 

Dan  bury 

Dun barton 

Epsom 

Franklin 

Franklin 

Franklin 


Ward 
Ward 
Ward 
Ward 
Ward 
Ward 
Ward 


Ward  8 


Ward  1 
Ward  2 
Ward  3 


HOUSE  JOURNAL  4FEB82 


63 


Henniker 

Hill 

Hooksett 

Hopkinton 

Loudon 

New  London 

Newbury 

Northfield 

Pembroke 

Pittsfield 

Salisbury 

Sutton 

Warner 

Webster 

Wilmot 


VIII.  Rockingham  County 


Atkinson 

Auburn 

Brentwood 

Candia 

Chester 

Danville 

Deerfield 

Derry 

East  Kingston 

Epping 

Exeter 

Fremont 

Greenland 

Hampstead 

Hampton  Falls 

Hampton 

Kensington 

Kingston 

Londonderry 

New  Castle 

Newfields 

Newington 

Newmarket 

Newton 

North  Hampton 

Northwood 

Nottingham 

Plaistow 

Portsmouth 

Portsmouth 

Portsmouth 

Portsmouth 

Portsmouth 

Portsmouth 

Raymond 

Rye 

Salem 

Sandown 

Sea brook 

South  Hampton 

Stratham 

Windham 


Ward 
Ward 
Ward 
Ward 
Ward 
Ward 


2 

1 
1 
1 
1 
1 
1 
8 
1 
2 
5 
1 
1 
2 
1 
5 
1 
2 
6 
1 
1 
1 
2 
1 
1 
1 
1 
2 
1 
2 
3 
2 
1 
2 
2 
2 
10 
1 
3 
1 
1 
2 


IX.   Strafford  County 


Harrington 

Dover 

Dover 

Dover 

Dover 

Dover 

Dover 

Durham 

Farmington 

Lee 

Mad bury 

Middleton 


Ward 
Ward 
Ward 
Ward 
Ward 
Ward 


HOUSE  JOURNAL  4FEB82 


Milton 

New  Durham 

Rochester 

Rochester 

Rochester 

Rochester 

Rochester 

Rollinsford 

Somersworth 

Somersworth 

Somersworth 

Somersworth 

Somersworth 

Strafford 


Acworth 

Charlestown 

Claremont 

Claremont 

Claremont 

Cornish 

Croyden 

Goshen 

Grantham 

Langdon 

Lempster 

Newport 

Plainfield 

Springfield 

Sunapee 

Unity 

Washington 


Ward  1 
Ward  2 
Ward  3 
Ward  4 
Ward  5 

Ward  1 
Ward  2 
Ward  3 
Ward  4 
Ward  5 


X.   Sullivan  County 


Ward  1 
Ward  2 
Ward  3 


3  Application.  The  changes  in 
representative  district  lines  established  by 
this  act  shall  not  affect  constituencies  or 
terms  of  office  of  representatives  presently 
in  office.   The  representative  districts 
established  by  this  act  shall  be  in  effect 
for  the  purpose  of  electing  representatives 
to  the  general  court  at  the  1982  state 
general  election.   If  there  shall  be  a 
vacancy  in  a  representative  district  for  any 
reason  prior  to  the  1982  state  general 
election,  the  vacancy  shall  be  filled  by  and 
from  the  same  representative  district  that 
existed  for  the  1980  state  general 
election.   No  provision  of  this  act  shall 
affect  in  any  manner  any  of  the  proceedings 
of  the  membership  of  the  house  of 
representatives  of  the  general  court  that 
assembled  for  a  biennial  session  in 
December,  1980. 

4  Candidate  from  One  District  Only. 
Amend  RSA  655  by  inserting  after  section  10 
the  following  new  section: 

655:10-a  One  Representative  District 
Only.   A  person  whose  residence  qualifies 
him  for  more  than  one  representative 
district  shall  choose  one  representative 
district  at  any  election  from  which  to  be  a 
candidate  and,  for  that  election,  shall  be 
qualified  to  be  a  candidate  for  that  one 
district  only. 

5  Ballot  Order.   Amend  RSA  656  by 
inserting  after  section  7  the  following  new 
section: 

656:7-a  Order  of  Representative 
Districts.   In  places  which  are  electing 
representatives  to  the  general  court  from 
more  than  one  district,  the  order  of 
officers  on  the  ballot  for  that  place  shall 


list  the  candidates  for  representative  to 
the  general  court  in  the  numerical  order  of 
the  districts  from  which  they  are  running 
with  the  lower  numbered  district  being 
listed  first. 

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

Rep.  Hildreth  moved  that  the  report  of 
the  Minority,  Ought  to  Pass  with  Amendment, 
be  substituted  for  the  report  of  the 
Majority,  Ought  to  Pass  with  Amendment, 
spoke  to  his  motion  and  yielded  to  questions. 

Rep.  Chase  spoke  against  the  motion, 
yielded  to  questions  and  yielded  to  Rep. 
Meader  who  yielded  to  questions. 

Reps.  Daniell  and  Spirou  spoke  in  favor 
of  the  motion  and  yielded  to  questions. 

Rep.  Sytek  spoke  against  the  motion  and 
yielded  to  questions. 

Rep.  Bosse  spoke  against  the  motion. 

The  previous  question  was  moved. 
Sufficiently  seconded.   Adopted. 

Rep.  Hildreth  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS   123  NAYS  216 

YEAS   123 

BELKNAP:   Bolduc,  Gary  Dionne  and  Hildreth. 

CARROLL:   Allen. 

CHESHIRE:   Eisengrein,  Hickey,  Proctor  and 
William  Riley. 

COOS:  Beaulac,  Brideau,  Richard  Demers, 
Lawrence  Guay,  Langley,  George  Lemire, 
Mayhew,  Oleson,  Theriault  and  York. 


HOUSE  JOURNAL  4FEB82 


65 


GRAFTON:   Nelson  Chamberlin,  Chambers, 
Copenhaver,  Crory,  Michael  King,  Lynde  and 
Glyneta  Thomson. 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahern, 
Arnold,  Baker,  Brack,  Burkush,  Coutermarsh, 
Cronin,  Grotty,  William  Dion,  Donovan, 
Gagnon,  Richard  Galway,  Gelinas,  Healy, 
Hendrick,  Horan,  Kaklamanos,  Katsiaficas, 
Lamy,  Leclerc,  Lefebvre,  Levesque,  Madigan, 
Martineau,  McGlynn,  Mulligan,  Nardl, 
Nemzoff,  Chris  Papadopoulos,  George 
Papadopoulos,  Aime  Paradis,  Pastor, 
Plomaritis,  Maureen  Raiche,  Peter  Ramsey, 
Robie,  Roy,  Edward  Smith,  Soucy,  Spirou, 
James  Sullivan,  Mary  Sullivan,  Sweeney, 
Turgeon,  Vachon,  Bernice  Welch,  Robert 
Wheeler,  James  J.  White,  Winn  and  Zajdel. 

MERRIMACK:   Bellerose,  Carroll,  Daniell, 
Degnan,  Morse  and  Mary  Jane  Wallner. 

ROCKINGHAM:  Aeschliman,  Blanchette,  Camuso, 
Carpenito,  Connors,  Cotton,  Downing, 
Hollingworth,  John  Hynes,  Kozacka,  Krasker, 
Leslie,  LoFranco,  Joseph  MacDonald,  Norman 
Myers,  Pantelakos,  Read,  Splaine  and 
Wojnowski. 

STRAFFORD:   Belhumeur,  Bernard,  Blouin, 
Bouchard,  Chagnon,  James  Demers,  Phyllis 
DeNafio,  Teresa  DeNafio,  Albert  Dionne, 
Donnelly,  Drew,  Anita  Flynn,  Gauvin, 
Hennessey,  Kincaid,  Maglaras  and  Schreiber. 

SULLIVAN:   Brodeur,  David  Campbell, 
D'Amante,  Forrest  and  LeBrun. 

NAYS  216 

BELKNAP:  Birch,  Bowler,  French,  Earle 
Hardy,  Holbrook,  Lamprey,  Christina  O'Neill, 
Pearson,  Randall,  Rich,  Rollins,  David 
Whittemore  and  Zeckhausen. 

CARROLL:  Barringer,  Chase,  Dickinson, 
Heath,  Keller,  Kenneth  MacDonald  and  Kenneth 
Smith. 

CHESHIRE:  Barber,  Baybutt,  Crane,  Jesse 
Davis,  Daniel  Eaton,  Ernst,  Robert  Galloway, 
Gordon,  Johnson,  Lane,  Lynch,  Miller, 
O'Connor,  Perry,  Margaret  Ramsay,  Patricia 
Russell,  Scranton  and  Jean  White. 


COOS:   Brungot,  Bums,  Chappell, 
Wiswell. 


Horton  and 


GRAFTON:   Buckman,  Christy,  Clark,  Driscoll, 
Hammond ,  LaMott ,  Logan ,  Look ,  Mann , 
Mansfield,  Mclver,  Melendy,  Pepitone, 
Rounds,  Seely,  Taffe,  Walter,  Ward  and  Roger 
Wood. 

HILLSBOROUGH:   Ahrens,  Ainley,  Bosse, 
Bridgewater,  Carpenter,  Carragher,  Carswell, 
Charpentier,  DeForte,  Dolbec,  Duffett,  Clyde 
Eaton,  Joseph  Eaton,  Ford,  Granger,  Sal 
Grasso,  Hall,  James  Hardy,  Head,  Heald, 
Howard  Humphrey,  Kashulines,  Keefe,  Kizala, 
Knight,  Labombarde,  LaPierre,  Lawrence, 
Howard  Mason,  Mazur,  Messier,  Milton  Meyers, 
Murray,  Naro,  Norman  Packard,  Pariseau, 
Peters,  William  Russell,  Sallada,  Silva,  B. 
P.  Smith,  Leonard  Smith,  Steiner,  Stone, 


Stylianos,  Tamposi,  Vergas,  Ware,  Watson, 
Emma  Wheeler,  Kenneth  Wheeler  and  M.  Arnold 
Wight. 

MERRIMACK:   Bibbo,  Laurent  Boucher,  Bowes, 
Brady,  John  Gate,  Milton  Gate,  Dean,  Hanus, 
Holmes,  Kidder,  Lewis,  Locke,  Nichols,  David 
Packard,  Paire,  Parker,  Rayno,  Doris  Riley, 
Margaret  Roberts,  William  Roberts,  Savaria, 
Gerald  Smith,  Stark,  Stio,  Stockman, 
Lawrence  Sullivan,  Trachy,  Underwood, 
Waters,  Ashton  Welch,  James  Whittemore, 
Wiviott  and  Zimmerman. 

ROCKINGHAM:   Benton,  William  Boucher, 
Burdick,  Butler,  Marilyn  Campbell,  Cote, 
Day,  Ellyson,  Espinola,  Felch,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Selma  Gould,  Greene,  Hoar,  Kane, 
Kelley,  Roger  King,  Love joy.  Mace,  Robert 
Mason,  Nevins,  Newell,  Osborn,  Parr,  Pevear, 
Quimby,  Myrtle  Rogers,  Romoli,  Scamman, 
Schmidtchen,  Schwaner,  Shurtleff,  3<inner, 
Stimmell,  Sytek,  Tavitian,  Vartanian,  Vlack, 
John  Walker,  Warburton,  Wolf sen,  Raymond 
Wood  and  Woodman. 

STRAFFORD:   Appleby,  Bickford,  Brown,  James 
Chamberlin,  Creteau,  Meader,  Pageotte, 
Sackett,  Donald  Smith,  Lawrence  Smith, 
Franklin  Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  Cutting,  Gordon  Flint, 
Leonard  Gray,  Sim  Gray,  Ingram,  Palmer, 
Quinlan,  Spaulding  and  Townsend,  and  the 
motion  lost. 

Rep.  Lawrence  Sullivan  notified  the 
Clerk  that  he  inadvertently  voted  nay  and 
meant  to  vote  yea. 

Question  being  on  the  Committee 
amendment. 

Amendment  adopted. 

Rep.  Meader  offered  an  amendment. 

Amendment 

Amend  the  table  in  RSA  662:5  as  inserted 
by  section  1  of  the  bill  by  striking  out  in 
paragraph  IX,  Strafford  County,  District  No. 
10  and  inserting  in  place  thereof  the 
following: 


District  No.  10 
Strafford 
Rochester 

District  No.  11 
Rochester 


Wards  3  &  '* 


Wards  1,  2  &  5 


The  Assistant  Clerk  read  the  amendment. 
Rep.  Meader  explained  the  amendment. 
Rep.  Chase  spoke  in  favor  of  the 
amendment . 

Amendment  adopted. 
Ordered  to  third  reading. 

Rep.  Bibbo  wished  to  be  recorded  as 
opposed  to  the  proposal  in  Merrimack  County, 
Dist.  2 

Rep.  Stockman  wished  to  be  recorded  as 
opposed  to  the  proposal  in  Merrimack  County, 
Dist.  8 

Reps.  Waters  and  John  Gate  wished  to  be 
recorded  as  opposed  to  the  proposal  in 
Merrimack  County,  Dist.  9 


66 


HOUSE  JOURNAL  4FEB82 


Rep.  Ardinger  wished  to  be  recorded  as 
opposed  to  the  proposal  in  Sullivan  County, 
Dist.    2 

Rep.  Kaklamanos  wished   to  be  recorded  as 
opposed   to  the  proposal   in  Hillsborough 
County,   Dist.   21 

Rep.  Gary  Dionne  wished   to   be  recorded 
as  opposed  to  the  proposal   in  Belknap 
County,    Dist.    6 

Rep.  Lamprey  wished  to  be  recorded  as 
opposed  to  the  proposal  in  Belknap  County, 
Dists.    1,    2,    3,    5  and   13 

Rep.  Hendrick  wished  to  go  on   record  as 
being  opposed  to  the  passage  of  HB  2  in  both 
the  Majority  eind  Minority  form.      Both 
versions  effectively  disenfranchise  the   town 
of  Litchfield   by   joining   it  with  Merrimack 
in  a  floterial  district.      Litchfield  has  80 
per  cent  of  the  population  needed  for  an 
extra  earned   representative,    while  Merrimack 
has  69  per  cent,    which  means   that  where 
one-man  one-vote  is  concerned,    Litchfield 
has  only  67  per  cent  of  a  vote  and 
Merrimack,    101    per  cent.      It  might   be 
possible  to  persuade  the   citizens  of 
Litchfield  to  become  a  living  sacrifice  for 
the  one-man  one-vote  theory,    but  when  they 
see  the  city  of  Manchester  with  a  49  per 
cent  minus  population   being  given  an  extra 
representative   it   is  hard   for  them  to 
believe   in  self-sacrifice.     They  wish  me  to 
voice  their  opposition  to  HB  2. 

Rep.   Baybutt  offered  the   following: 

RESOLVED,    that   in  accordance   with   the 
list   in  the  possession  of  the  clerk.   House 
Bills  numbered  38-FN  and  39-FN,    their 
introduction  having  been  approved   by  the 
Rules   Committee,    shall   be   by   this   resolution 
read  a  first  and  second  time  by   the   therein 
listed   titles,    sent   for  printing,   and 
referred  to  the  therein  designated 
committees. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 
First,  second  reading  and  referral 

HB  38-FN,  establishing  a  task  force  to 
reconsider  certain  unemployment  compensation 
claims  and  making  an  appropriation 
therefor.   (Spirou  of  Hillsborough  Dist.  27; 
Demers  of  Coos  Dist.  9;  Leslie  of  Rockingham 
Dist.  5;  Sen.  Boyer  of  Dist.  13;  Sen.  Rice 
of  Dist.  15;  Sen.  Lessard  of  Dist.  21  -  To 
Labor,  Humsin  Resources  and  Rehabilitation) 

HB  39-FN,  establishing  the  ward  lines  in 
the  city  of  Concord  and  amending  the  charter 
of  said  city.   (Kidder  of  Merrimack  Dist.  1; 
Stark  of  Merrimack  Dist.  16;  Carroll  of 
Merrimack  Dist.  19  -  To  Reapportionment) 

Reps.  Appleby,  Lawrence  Smith,  Meader, 
Creteau,  Gauvin,  Grassie  and  Ralph  Torr 
offered  the  following: 

HOUSE  RESOLUTION  NO.  8 


on  the  death  of 
Representative  Noreen  D. 


WHEREAS,  Rep.  Winkley  served  diligently 
as  a  member  of  the  House  of  Representatives 
for  six  terms  since  1965,  and 

WHEREAS,  she  served  on  the  committees  on 
Resources,  Recreation  and  Development  for 
four  terms  and  Public  Works  for  two  terms, 
and 

WHEREAS,  she  served  her  county 
delegation  as  a  member  of  the  Executive 
Committee  in  1973  and  1975,  and 

WHEREAS,  she  served  her  community 
faithfully  and  with  enthusiasm,  now 
therefore  be  it 

RESOLVED,  that  the  members  of  the  House 
of  Representatives  do  hereby  extend  our 
sympathy  to  her  family,  and  be  it  further 

RESOLVED,  that  a  suitable  copy  of  these 
resolutions  be  prepared  for  presentation  to 
her  family. 

Unanimously  adopted  by  a  rising  vote  of 
silent  prayer. 

Rep.  Bosse  moved  that  the  House  now 
adjourn  from  the  early  session,  that  the 
business  of  the  late  session  be  in  order  at 
the  present  time,  that  the  reading  of  bills 
be  by  title  only  and  resolutions  by  caption 
only  and  that  all  bills  ordered  to  third 
reading  be  read  a  third  time  by  this 
resolution,  and  that  all  titles  of  bills  be 
the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  and  when  the  House 
adjourn  today  it  be  to  meet  Thursday, 
February  11  at  10:00  a.m. 

Adopted. 

LATE  SESSION 
Third  reading  and  final  passage 

HB  2,  reapportioning  the  house  of 
representatives  and  delegates  to  state 
conventions. 

UNANIMOUS  CONSENT 

Reps.  Ingram  and  Chase  addressed  the 
House  by  unanimous  consent. 

Rep.  Bosse  moved  that  the  House  stand  in 
recess  for  the  purpose  of  Introduction  of 
Bills  and  Enrolling  Reports  only. 

Adopted. 

RECESS 
(Speaker  Pro  Tem  in  the  Chair) 
Rep.  Woodman  offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk.  House 
Bills  numbered  40-FN  through  H2-FN  and  House 
Bill  of  Intent  nurafeered  tOl,  their 
introduction  having  been  approved  by  the 
Rules  Committee,  shall  be  by  this  resolution 
read  a  first  and  second  time  by  the  therein 
listed  titles,  sent  for  printing,  and 
referred  to  the  therein  designated 
committees. 

Adopted. 


Winkley 


WHEREAS,  we  have  learned  with  sorrow  of 
the  death  of  the  member  from  Rochester, 
Noreen  D.  Winkley,  and 


HOUSE  JOURNAL 4FEB82  67 


INTRODUCTION  OF  HOUSE  BILLS  AND  HBI 
First,  second  reading  and  referral 

HB  l^O-FN,  exempting  certain  sheltered 
care  facilities  from  license  fees  and 
increasing  certain  monthly  allowances  and 
making  an  appropriation  therefor.   (Nardi  of 
Hillsborough  Dist.  27;  Murray  of 
Hillsborough  Dist.  3;  Daniell  of  Merrimack 
Dist.  13;  Tovmsend  of  Sullivan  Dist.  1  -  To 
Health  and  Welfare) 

HB  41 -FN,  to  conform  the  unemployment 
compensation  law  to  federal  requirements. 
(Skinner  of  Rockingham  Dist.  3-A;  Sen. 
Freese  Dist.  4  -  To  Labor,  Human  Resources 
and  Rehabilitation) 

HB  42-FN,  relative  to  low  income  energy 
assistance  and  community  services  block 
grant.   (Rep.  Baybutt  of  Cheshire  Dist.  16; 
Rep.  LaMott  of  Grafton  Dist.  6  -  To 
Appropriations) 

HBI  101,  relating  to  the  creation  of  a 
semi  autonomous  vocational-technical  school 
system.   (Rep.  Scranton  of  Cheshire  Dist. 
16;  Rep.  Boucher  of  Rockingham  Dist.  3  -  To 
Education) 

Rep.  Mann  moved  that  the  House  adjourn. 
Adopted. 


68 


HOUSE 
JOURNAL  6 

Thursday  11  Feb  82 


The  House  assembled  at  10:00  a.m.,    the 
hour  to  which   it  stood  adjourned,    and  was 
called  to  order  by  the  Speaker  Pro  Tem. 

Prayer  was  offered  by  the  House 
Chaplain,   Rev.  William  L.   Quirk. 

Let  us  Pray: 

Almighty  and  ever  living  God,  we  adc 
that  we  may  find  satisfaction,  peace  and  the 
sense  of  accomplishment  this  day. 

Give  us  a  lively  awareness  of  our 
responsibility  to  listen,  as  a  sign  of  our 
faith  in  You  and  in  each  other. 

May  You  give  us  a  dedication  in  our 
lives  to  peace  and  the  service  of  others. 

God,  our  Father,  we  raise  our  hearts  and 
minds  to  You  and  ask  that  You  lend  us  Your 
help  and  hear  our  prayer.  Amen. 

Rep.  Soucy  led  the  Pledge  of  Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  Myrl  Eaton,  Howard,  Rand, 
Belhumeur,  Chris  Papadopoulos,  and  Brown, 
the  day,  illness. 

Reps.  Appel,  Blake,  Duffett,  James 
Humphrey,  Mace,  William  Riley,  Scamman, 
Snell,  Stockman,  Tamposi,  Wallace,  Watson, 
Carpenter,  Wiggin,  Roger  Wood,  Blanchette, 
Lynde,  Morse,  Willey,  Love joy,  Vlack,  James 
Hardy,  and  Lawrence  Smith,  the  day, 
important  business. 

INTRODUCTION  OF  GUESTS 

Mrs.  Virginia  Perkins,  and  Mrs.  Lillian 
Sieb  of  North  Conway,  Mrs.  Nancy  Walsh  of 
Conway,  Mrs.  Marcia  Bumsted  of  Kearsarge, 
Mrs.  William  Barringer  of  Eaton,  guests  of 
Rep.  Barringer;  Epping  High  School  students 
accompanied  by  teachers  Mark  Valone  and  Mrs. 
Cheryl  Scott,  guests  of  Rep.  Hoar;  Mr.  Ralph 
H.  Pierce,  87-year-old  Dean  of  and  Advisor 
to  all  Marlborough  politicians,  guest  of 
Rep.  Irvin  Gordon. 

SENATE  MESSAGES 

tTTrt/Ottn  Kltt/E 

HB  16,  allowing  local  assessing 
officials  to  elect  not  to  use  the  inventory 
form. 

INTRODUCTION  OF  SENATE  BILLS 
First,  second  reading  and  referral 

SB  1,  reapportioning  the  state  senate 
districts.   (Reapportionment) 

SB  2,  reapportioning  the  executive 
council  districts.   (Reapportionment) 


SB  18-FN,  implementing  the  state  solid 
waste  plan.   (Environment  and  Agriculture) 

SB  22-FN,  to  provide  workmen's 
compensation  benefits  to  certain  persons  who 
assist  in  search  and  rescue  missions. 
(Appropriations) 

COMMITTEE  REPORTS 
(Regular  Calendar) 

HB  8-FN,  relative  to  the  real  estate 
commission  and  making  an  appropriation 
therefor.  Ought  to  Pass  with  Amendment. 
The  Real  Estate  Commission  was 
sunsetted.  This  bill  renews  the  Real 
Estate  Conmission  until  July  1,  1987  and 
provides  for  five  Commissioners  to  be 
appointed  by  the  Governor  with  the 
advice  and  consent  of  the  Governor's 
Council.  The  amendments  provide  the 
option  to  use  electronic  equipment  to 
record  Commission  hearings,  and  deletes 
the  appropriation  of  $35,000  for 
computer  services.  Vote  was  unanimous. 
Rep.  William  F.  Kidder  for 
Appropriations. 

Amendment 

Amend  RSA  331-A:7,  III  as  inserted  by 
section  10  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

III.  The  commission  shall  have  the 
power  to  subpoena  and  bring  before  it  any 
person  or  any  relevant  records  or  documents 
in  this  state  or  to  take  testimony  by 
deposition,  in  the  same  manner  as  is 
prescribed  by  law  in  judicial  proceedings. 
The  commission  shall  keep  a  complete  record 
of  the  proceedings  in  such  cases.  For  this 
purpose  the  commission  is  authorized  to 
utilize  electronic  recording  or  to  employ  a 
temporary  reporter  and  fix  his  compensation 
and  the  governor  is  authorized  to  draw  his 
warrant  for  said  sums  out  of  any  money  in 
the  treasury  not  otherwise  appropriated. 
The  commission  is  authorized  to  charge  the 
broker  or  salesman  a  reasonable  fee  for  any 
copies  of  said  transcript  furnished  him. 
Sheriffs  and  witnesses  shall  receive  the 
same  fees  for  the  service  of  process  and 
attendance  before  the  commission  as  are  paid 
sheriffs  and  witnesses  in  matters  pending 
before  the  superior  court. 

Amend  the  bill  by  striking  out  section 
12  and  renumbering  sections  13  and  11  to 
read  as  12  and  13  respectively. 

Amendment  adopted. 
Ordered  to  third  reading. 

HB  27,  relative  to  educational  expenses 
for  certain  handicapped  children  and 
relative  to  the  special  education  program  of 
the  child  and  adolescent  unit  at  the  New 
Hampshire  hospital  and  making  an 
appropriation  therefor.  Ought  to  Pass  with 
Amendment . 

The  amendment  funds  the  bill  by 

authorizing  the  use  of  the  excess  of 

Sweepstakes  revenue  over  $3,000,000. 

$1,100,000  is  allocated  in  1982; 

$830,000  in  1983.  Vote  unanimous.  Rep. 

William  F.  Kidder  for  Appropriations. 


HOUSE  JOURNAL  11 FEB82 


69 


Amendment 

Amend  RSA  186-C:19,  I  as  inserted  by 
section  2  of  the  bill  by  inserting  after 
subparagraph  (b)  the  following: 

(c)  For  the  purposes  of  this 
chapter,  children  between  the  ages  of  18  and 
21  shall  be  deemed  to  be  in  the  legal 
custody  of  their  parents  if  they  were  in 
such  legal  custody  upon  reaching  the  age  of 
18. 

Amend  RSA  186-C:19,  II,  HI  and  IV  as 
inserted  by  section  2  of  the  bill  by 
striking  out  same  and  inserting  in  place 
thereof  the  following: 

II.  For  an  educationally 
handicapped  child  in  a  state  institution, 
the  responsible  school  district  shall  be 
liable  for  all  expenses  incurred  in 
administering  the  law  in  relation  to 
educationally  handicappd  children  except  as 
follows:  For  the  1982  and  1983  fiscal 
years,  the  responsible  school  district's 
annual  financial  liability  for  a  child  who 
was  enrolled  at  the  Laconia  state  school  and 
training  center  as  of  July  1,  1981,  shall 
not  exceed  the  applicable  state  average  per 
pupil  cost  as  determined  by  the  state  board 
of  education,  and  the  state  shall  be  liable 
for  the  balance  of  such  costs,  which  shall 
in  no  case  be  taken  from  the  $10,000,000 
appropriated  for  state  aid  under  RSA 
186-C:l8.  If  more  than  one  school  district 
is  liable  for  such  a  child  during  a  single 
fiscal  year,  the  total  annual  financial 
liability  to  the  school  districts  shall  not 
exceed  the  applicable  state  average  per 
pupil  cost,  said  liability  to  be  prorated  on 
a  per  diem  basis.  For  such  a  child  who  is 
enrolled  at  the  Laconia  state  school  and 
training  center  for  less  than  a  full  year, 
the  liability  for  such  costs  shall  be 
prorated  on  a  per  diem  basis  by  the  Laconia 
state  school  and  training  center. 

III.  Nothing  in  paragraphs  I  or  II 
of  this  section  shall  diminish  the 
responsibility  of  the  financially  liable 
school  district  as  defined  in  paragraphs  I 
and  II  to  develop  and  implement  an 
individualized  education  plan  or  to  fulfill 
its  obligations  under  other  sections  of  this 
chapter  for  an  educationally  handicapped 
child  in  a  state  institution,  regardless  of 
whether  such  child  was  initially  placed  by  a 
school  district,  the  parent  or  some  other 
agent. 

IV.  "State  institution"  as  used  in 
this  section  means  the  New  Hampshire 
hospital,  the  Laconia  state  school  and 
training  center,  and  the  youth  development 
center.   If  a  special  education  program  at  a 
state  institution  is  the  least  restrictive 
placement  and  offers  appropriate  services 
for  an  educationally  handicapped  child,  such 
institution  shall  be  utilized  by  a  local 
school  district  for  such  child,  subject  to 
the  approval  of  said  institution. 

Amend  RSA  186-C:20,  I  and  II  as  inserted 
by  section  2  of  the  bill  by  striking  out 
same  and  inserting  in  place  thereof  the 
following: 


I.  Notwithstanding  the  provisions 
of  any  other  law  to  the  contrary,  the 
expenses  for  an  educationally  handicapped 
child  assigned  to  the  special  education 
program  of  the  child  and  adolescent  unit  at 
the  New  Hampshire  hospital  shall  be  the 
responsibility  of  the  school  district  so 
assigning  the  child.  Such  a  school  district 
shall  pay  the  rate  established  for  the 
special  education  program  of  the  child  and 
adolescent  unit. 

II.  The  special  education  program 
of  the  child  and  adolescent  unit  shall 
receive  all  the  moneys  paid  under  this 
section  and  is  authorized  to  receive  and 
expend  such  funds  to  operate  the  program. 
Such  expenditures  shall  be  subject  to  the 
approval  of  the  legislative  fiscal 
committee.  Under  no  circumstances  shall  the 
special  education  program  of  the  child  and 
adolescent  unit  expend  more  than  it  receives 
under  this  section. 

Amend  RSA  6:12,  I(o)  as  inserted  by 
section  3  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

(o)  Moneys  received  for 
sending  children  to  the  special  education 
program  of  the  child  and  adolescent  unit  at 
the  New  Hampshire  hospital  pursuant  to  RSA 
186-C:20. 

Amend  RSA  193:29,  1(c)  as  inserted  by 
section  8  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

(c)  If  a  child  is  assigned  to 
an  out-of-district  special  education 
program,  the  sending  district  is  liable  for 
all  costs  under  RSA  186-C. 

Amend  the  bill  by  striking  out  sections 
6  and  9  renumbering  sections  7  and  8  to  read 
as  6  and  7,  respectively. 

Amend  the  bill  by  inserting  after 
section  7  the  following: 

8  Appropriation.   In  addition  to  any 
other  sums  appropriated  to  Laconia  state 
school  and  training  center,  the  amounts  of 
$150,000  for  fiscal  year  1982,  and  $250,000 
for  fiscal  year  1983,  are  hereby 
appropriated  to  Laconia  state  school  and 
training  center  for  the  purpose  of  providing 
the  additional  education  and  educationally 
related  services  to  children  age  3-21  which 
shall  be  included  in  the  individualized 
education  plans  prepared  by  the  local 
education  agencies,  and  which  would  not 
otherwise  be  provided  at  Laconia  state 
school  and  training  center.   The  governor  is 
authorized  to  draw  his  warrants  for  said 
sums  from  any  money  in  the  treasury  not 
otherwise  appropriated. 

9  Sweepstakes  Revenue  Dedicated.   For 
the  purposes  of  RSA  185-C:19,  II  as  amended 
by  section  2  of  this  act,  section  5  of  this 
act  and  section  9  of  this  act,  any  revenue 
earned  by  the  sweepstakes  commission  in 
fiscal  year  1982  over  $3,000,000  and  up  to 
$4,100,000  shall  be  deposited  in  the  general 
fund.  In  fiscal  year  1983  any  revenue 
earned  by  the  sweepstakes  commission  over 
$3,000,000  and  up  to  $3,850,000  shall  be 


70 


HOUSE  JOURNAL  11 FEB82 


deposited  in  the  general  fund.  Any  excess 
sweepstakes  revenue  over  the  dedicated 
amounts  shall  be  added  to  foundation  aid  in 
the  subsequent  year. 

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

Amendment  adopted. 
Ordered  to  third  reading. 

HB  29-FN,  relative  to  county  escheat 
funds.  Ought  to  Pass  with  Amendment. 

This  bill  clarifies  the  manner  in  which 
escheated  property  will  pass.  The 
revenues  realized  from  escheated 
property  of  non-residents  of  the  State 
will  be  deposited  in  the  State's  General 
Fund.  Revenues  realized  from  escheated 
property  of  residents  will  be  returned 
to  the  county  of  residence.  The 
amendment  provides  that  the  State 
Treasurer  shall  retain  15  percent  of  the 
amount  to  be  returned  to  the  County  as  a 
deduction  for  costs  and  service  charges 
which  the  State  shall  incur  in  escheat 
proceedings.  Vote  unanimous.  Rep. 
William  F.  Kidder  for  Appropriations. 

Amendment 

Amend  the  bill  by  striking  out  section  9 
and  inserting  in  place  thereof  the  following: 

9  Delivery  of  Property  to  County 
Treasurer.  Amend  RSA  i)71-A:23  by  inserting 
after  paragraph  IV  the  following  new 
paragraphs: 

V.  Following  a  court  judgment 
entered  as  provided  under  paragraph  IV  that 
property  shall  escheat  to  the  state,  the 
state  treasurer  shall  pay  or  deliver  all 
such  property  to  the  appropriate  county 
treasurer  as  required  under  RSA  ')71-A:23-a, 
subject  to  the  state  deduction  under 
paragraph  VI. 

VI.  Before  he  pays  or  delivers  the 
property  to  the  appropriate  county  treasurer 
as  required  under  paragraph  V  and  RSA 
471-A:23-a,  the  state  treasurer  shall  retain 
15  percent  of  the  amount  to  be  returned  to 
the  appropriate  county  treasurer  as  a 
deduction  for  any  costs  and  service  charges 
which  the  state  shall  incur  in  escheat 
proceedings.  The  state  treasurer  shall 
deposit  this  sum  in  the  general  fund. 

Amendment  adopted. 
Ordered  to  third  reading. 

SB  5,  relative  to  the  real  estate 
commission,  the  board  of  nursing  education 
and  nurse  registration  and  the  liquor 
commission.   Ought  to  Pass  with  Amendment. 
The  bill  reestablishes  ttie  Liquor 
Commission  -  Administration.   The 
adopted  amendment  was  recommended  by  the 
Committee  on  Regulated  Revenues.  Rep. 
William  F.  Kidder  for  Appropriations. 

Amendment 

Amend  RSA  176:7-a  as  inserted  by  section 
4  of  the  bill  by  striking  out  same  and 
inserting  in  place  thereof  the  following: 


176:7-a  Personnel.  In  addition  to  all 
other  staff  employed  by  the  commission,  the 
commission  shall  appoint  the  following 
personnel  who  shall  be  classified  state 
employees.  Such  personnel  shall  be 
responsible  for  overseeing  the  functions  of 
the  commission  and  shall  perform  such 
additional  duties  as  the  commissioners  shall 
from  time  to  time  assign: 

I.  There  shall  be  a  chief  of 
licensing  and  enforcement  who  shall  report 
to  the  commissioner  of  enforcement.  He 
shall  have  such  labor  grade  as  may  be 
determined  by  the  department  of  personnel. 
He  shall  supervise  the  day-to-day  activities 
of  the  commission's  enforcement  and 
licensing  functions.  The  chief  shall  handle 
all  license  applications.  The  chief  shall 
make  recommendations,  in  writing,  to  the 
commissioner  of  enforcement,  on  whether  to 
grant  the  license  application.  The 
commissioner  of  enforcement  shall  forward 
such  recommendations  to  the  commission.   The 
commission  shall  then  either  grant  or  deny 
the  request,  stating  their  reasons  in 
writing.  An  aggrieved  applicant  may  appeal 
the  commission's  decision  to  the 
commission.  Revocations  and  suspensions  of 
licenses  shall  follow  the  same  procedure. 

II.  There  shall  be  a  director  of 
marketing,  merchandising,  and  store 
operations  who  shall  have  such  labor  grade 
as  may  be  determined  by  the  department  of 
personnel  and  who  shall  be  responsible  for 
the  store  operations  of  the  commission 
including,  but  not  limited  to,  marketing, 
merchandising,  and  store  operations.  He 
shall  report  directly  to  the  commissioner  of 
operations.  The  director  of  marketing, 
merchandising  and  store  operations  shall 
recommend  sales  to  promote  competitive 
position,  coordinate  in-store  promotion  with 
advertising  programs,  recommend  to  the 
commission  the  delisting  of  products  not 
meeting  gross  profit  levels  and  the  listing 
of  products  that  will  maximize  profits  to 
the  state,  control  expenditures  within 
appropriated  funds,  recommend  changes  in 
store  locations  and  hours,  and  plan  store 
activities  to  provide  maximum  customer 
service  and  sales  and  advertising.   The 
director  shall  be  responsible  for 
recommending,  in  writing,  to  the  commission, 
the  listing  and  delisting  of  products  with 
justifiable,  written  reasons  for  the 
recommendation.   All  requests  for  listings 
and  delistings  of  products  shall  be  made  to 
the  commission  to  the  attention  of  the 
chairman  in  writing,  and  shall  be  referred 
to  the  director  of  marketing,  merchandising 
and  store  operations  for  a  recommendation. 
All  recommendations  for  listings  shall  be 
forwarded  to  the  commission  in  writing  by 
the  director  of  marketing,  merchaftdising  and 
store  operations.  The  commission  shall  then 
approve  or  disapprove  the  recommendation, 
stating  the  reasons  in  writing.  An 
applicant  may  appeal  to  the  commission,  in 
writing,  any  negative  decision. 
Additionally,  the  director  of  marketing, 
merchandising,  and  store  operations  shall  be 
responsible  for  sales  promotions,  mark-up 
recommendations  and  advertising. 

III.  There  shall  be  a  director  of 
warehousing  and  transportation  who  shall 
have  such  labor  grade  as  may  be  determined 


HOUSE  JOURNAL  11FEB82 


71 


by  the  department  of  personnel  and  who  shall 
be  responsible  for  the  warehousing  and 
transportation  functions  of  the  conanission. 
The  director  of  warehousing  and 
transportation  shall  develop  plans  to 
operate  warehouses  in  the  most  efficient 
manner,  maintain  traffic  rate  information, 
develop  security  measures  to  minimize  loss 
of  inventory  and  make  recommendations  to  the 
commission  for  ijnprovements  in  material 
handling  and  purchasing. 

IV.  There  shall  be  a  director  of 
data  processing  and  accounting  who  shall 
have  such  labor  grade  as  may  be  determined 
by  the  department  of  personnel  and  who  shall 
be  responsible  for  the  data  processing 
activities  and  accounting  systems  of  the 
commission.  The  director  of  data  processing 
and  accounting  shall  maintain  records  to 
assure  fiscal  and  inventory  control,  prepare 
reports  as  required  by  the  commission, 
design  and  implement  internal  security 
procedures  to  minimize  losses  to  the  state, 
gather  and  consolidate  information  for 
budgetary  and  other  purposes,  and  recommend 
to  the  commission  improvements  in  the 
commission's  hardware  aind  software  as  may  be 
needed  to  keep  the  system  current  with 
industry. 

V.  There  shall  be  an  accountant 
who  shall  be  responsible  for  the  accounting 
functions  as  assigned  by  the  director  of 
data  processing  and  accounting.  He  shall 
have  such  labor  grade  as  may  be  determined 
by  the  department  of  personnel. 

Amend  RSA  178-A:21,  I  as  inserted  by 
section  11  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

I.  A  schedule  of  hours  and 
procedures  by  which  holders  of  retail  wine 
licenses  may  purchase  table  wines  by  the 
case. 

Amendment  adopted. 
Ordered  to  third  reading. 

SB  10,  establishing  a  dam  maintenance 
fund  for  Merrymeeting  Lake  Dam  and  making  an 
appropriation  therefor.   Ought  to  Pass  with 
Amendment. 

This  bill  provides  a  means  whereby  our 
state  owned  dams  can  be  maintained 
without  a  demand  on  our  general  funds. 
Rep.  William  F.  Kidder  for 
Appropriations. 

Amendment 

Amend  the  bill  by  striking  out  section  3 
and  inserting  in  place  thereof  the  following: 

3  Appropriation.  The  sums  of 
$1,800,000  for  the  repair  and  reconstruction 
of  the  dams  contained  in  section  2  of  this 
act  and  $400,000  for  minor  repair  or 
reconstruction  projects  authorized  by  this 
act  are  hereby  appropriated  to  the  dam 
maintenance  fund  established  by  this  act. 
These  appropriations  shall  be  non-lapsing. 

Amendment  adopted . 
Ordered  to  third  reading. 


HB  34,  relative  to  the  qualifications  of 
the  director  of  the  division  of  mental 
health  and  developmental  services.  Ought  to 
Pass  with  Amendment. 

Amendment  clarifies  inconsistencies  of 
bills  passed  in  last  session.  Vote 
8-4.   Rep.  Gertrude  I  Butler  for  Health 
and  Welfare. 

Amendment 

Amend  RSA  126-A:6,  II(c)  as  inserted  by 
section  one  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

(c)  Notwithstanding  any  other 
provision  of  law,  the  director  of  the 
division  of  mental  health  and  developmental 
services  either  shall  be  a 
physician-psychiatrist  licensed  or  eligible 
for  licensure  to  practice  medicine  in  the 
state  of  New  Hampshire,  certified  in 
psychiatry  by  the  American  Board  of 
Psychiatry  and  Neurology,  and  possessing  a 
minimum  of  5  years'  administrative 
experience  in  mental  health,  or 
developmental  services. 

Rep.  Spaulding  moved  that  the  words, 
Refer  for  Interim  Study,  be  substituted  for 
the  Committee  Report,  Ought  to  Pass  with 
Amendment,  and  spoke  to  her  motion. 

Rep.  Chambers  spoke  in  favor  of  the 
motion. 

Motion  adopted. 

Referred  for  Interim  Study. 

HB  35,  making  changes  in  the  certificate 
of  need  law  -  RSA  151-C.  Ought  to  Pass. 

This  bill  increases  the  amount  needed  to 
be  included  under  several  definitions 
and  qualifying  minimum  expenditures 
under  the  certificate  of  need  law.   It 
also  deletes  a  sentence  denying  the 
right  of  an  applicant  to  have  his 
application  reviewed  if  he  fails  to 
provide  certain  additional  information 
upon  request.  The  bill  repeals  eight 
sections  of  laws  of  1981,  Chapter  334, 
which  are  to  take  effect  July  1,  1982. 
Vote  12-0.  Rep.  Carole  M.  Nevins  for 
Health  and  Welfare. 

Ordered  to  third  reading. 

SB  6,  authorizing  the  financing  of 
health  maintenance  organizations.  Ought  to 
Pass. 

This  bill  adds  nonprofit  health 
maintenance  organizations  to  sections 
relative  to  the  New  Hampshire  Higher 
Educational  and  Health  Facilities 
Authority  Act  to  authorize  financing  of 
these  organ i2a"t Ions.  Fiscal  Impact 
cannot  be  accurately  estimated.  None  of 
these  bonds  issued  by  the  New  Hampshire 
Higher  Education  and  Health  Facilities 
Authority  are  direct  obligations  of  the 
state  of  New  Hampshire.   There  is  no 
effect  upon  county  or  local  revenues  or 
expenditures.  Vote  8-4.  Rep.  Carole  M. 
Nevins  for  Health  and  Welfare. 

Reps.  Emma  Wheeler  and  Myrtle  Rogers 
spoke  against  the  Committee  report. 


72 


HOUSE  JOURNAL  11FEB82 


Reps.  Spauldlng  and  Nardi  spoke  in  favor 
of  the  Committee  report. 

Reps.  Nemzoff  and  Copenhaver  spoke  in 
favor  and  yielded  to  questions. 

Rep.  Daniell  moved  that  SB  6  be  laid 
upon  the  table. 

Rep.  Emma  Wheeler  requested  a  roll 
call.  Sufficiently  seconded. 

(Speaker  Pro  Tem  presiding) 

YEAS  136   NAYS  150 

YEAS  136 

BELKNAP:  Bolduc,  Gary  Dionne,  Holbrook, 
Rich,  Rollins  and  David  Whittemore. 

CARROLL:   Allen,  Barringer,  Esther  Davis, 
Heath,  Keller  and  Kenneth  MacDonald. 

CHESHIRE:   Crane,  Jesse  Davis,  Miller, 
Moore,  O'Connor,  Perry  and  Rouillard. 

COOS:   Chappell,  Theriault  and  Wiswell. 


COOS:  Brideau,  Brungot,  Chardon,  Richard 
Demers,  Lawrence  Quay,  Horton,  Langley, 
Mayhew,  Oleson,  Valliere  and  York. 

GRAFTON:   Chambers,  Copenhaver,  Crory, 
LaMott,  Mann,  Melendy,  Rounds,  Taffe,  Walter 
and  Ward . 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahern, 
Ainley,  Amidon,  Arnold,  Baker,  Brack, 
Burkush,  Carswell,  DeForte,  Ford,  Gagnon, 
Hall,  Heald,  Hendrick,  Horan,  Katsiaficas, 
Keefe,  Knight,  Levesque,  Martineau,  Mazur, 
McGlynn,  Messier,  Milton  Meyers,  Murray, 
Nardi,  Nemzoff,  George  Papadopoulos, 
Pariseau,  Robie,  B.  P.  Smith,  Edvrard  Smith, 
Soucy,  Spirou,  Stylianos,  Mary  Sullivan, 
Turgeon,  James  J.  White  and  M.  Arnold  Wight. 

MERRIMACK:   Bowes,  Brady,  Carroll,  Dean, 
Holmes,  Kidder,  Locke,  David  Packard,  Paire, 
Doris  Riley,  Trachy,  Underwood,  Mary  Jane 
Wallner,  Ashton  Welch  and  Wiviott. 


GRAFTON:   Buckman,  Nelson  Chamberlin, 
Christy,  Driscoll,  Hammond,  Logan,  Look, 
Mansfield,  Seely  aind  Glyneta  Thomson. 

HILLSBOROUGH:   Ahlgren,  Boisvert,  Bosse, 
Bridgewater,  Carragher,  Charpentier,  Cronin, 
William  Dion,  Dolbec,  Donovan,  Duval,  Clyde 
Eaton,  Joseph  Eaton,  Richard  Galway, 
Granger,  Sal  Grasso,  Head,  Howard  Humphrey, 
Thomas  Hynes,  Kashulines,  Kizala, 
Labombarde,  Lefebvre,  Howard  Mason, 
Mulligan,  Norman  Packard,  Record,  Rodgers, 
Roy,  William  Russell,  Sallada,  Silva, 
Leonard  Smith,  Steiner,  Stone,  James 
Sullivan,  Vachon,  Van  Loan,  Vergas,  Ware, 
Emma  Wheeler,  Kenneth  Wheeler,  Robert 
Wheeler,  Winn  and  Zajdel. 


ROCKINGHAM:  Aeschliman,  Benton,  William 
Boucher,  Marilyn  Campbell,  Camuso, 
Carpenito,  Connors,  Cote,  Flanagan,  Beverly 
Gage,  Thomas  Gage,  Selma  Gould,  Greene, 
Kane,  Krasker,  Leslie,  Norman  Meyers, 
Nevins,  Osborn,  Pantelakos,  Parr,  Quimby, 
Read,  Myrtle  Rogers,  Romoli,  Schmidtchen, 
Splaine,  Sytek,  Tavitian,  Vartanian, 
Wojnowski,  Wolf sen  and  Raymond  Wood. 

STRAFFORD:   Appleby,  Bernard,  Bickford, 
Creteau,  Demetracopoulos,  Anita  Flynn, 
Meader,  Sackett  and  Donald  Smith. 

SULLIVAN:   David  Campbell,  Gordon  Flint, 
Leonard  Gray,  Ingram  and  Spaulding,  and  the 
motion  lost. 


MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  John  Gate,  Daniell,  Degnan,  Hanus, 
Lewis,  Nichols,  Parker,  Rayno,  Margaret 
Roberts,  William  Roberts,  Savaria,  Gerald 
Smith,  Stark,  Lawrence  Sullivan,  James 
Whittemore  and  Zimmerman. 

ROCKINGHAM:   Blaisdell,  Burdick,  Butler, 
Ellyson,  Espinola,  Flainders,  Kenneth  Gould, 
Hoar,  Hollingworth,  Kelley  Kozacka, 
LoFranco,  Joseph  MacDonald,  Robert  Mason, 
Newell,  Pevear,  Schwaner,  Skinner,  Stimmell, 
John  Walker,  Warburton  and  Woodman. 

STRAFFORD:  Blouin,  Bouchard,  Chagnon,  James 
Chamberlin,  Albert  Dionne,  Donnelly,  Gauvin, 
Kincaid,  Pageotte  and  Schreiber. 

SULLIVAN:   Brodeur,  Cutting,  Forrest,  Sim 
Gray,  LeBrun,  Palmer,  Quinlan  aind  Townsend. 

NAYS  150 

BELKNAP:   Birch,  Bowler,  Earle  Hardy, 
Lamprey,  Pearson,  Randall  and  Zeckhausen. 


Rep.  Fred  Murray  spoke  in  favor  of  the 
Committee  report. 

Ordered  to  third  reading. 

SB  12,  correcting  the  omission  in  the 
domestic  violence  law  revision  and  relative 
to  the  release  of  delinquent  children  and 
children  in  need  of  services.  Ought  to  Pass 
with  Amendment. 

The  Committee  amended  SB  12  by  deleting 
the  Senate  amendment.   It  is  the  Health 
and  Welfare  Committee's  feeling  that 
this  section  of  the  bill  needs  further 
study  before  being  considered  by  the 
full  House. 

The  amendment  also  inserts  into  the 
statutes  provisions  relating  to 
settlement  of  parents  in  determining  the 
appropriate  legally  liable  unit.  This 
has  been  the  wish  of  the  local  Welfare 
Administrators'  Association  since  the 
1979  revision  of  RSA  169.  Rep.  Gertrude 
I.  Butler  for  Health  and  Welfare. 

Amendment 


CARROLL:   Chase,  Dickinson  and  Kenneth  Smith. 

CHESHIRE:  Barber,  Baybutt,  Daniel  Eaton, 
Eisengrein,  Ernst,  Rob  Galloway,  Gordon, 
Hid(ey,  Matson,  Proctor,  Margaret  Ramsay, 
Patricia  Russell,  Scranton  and  Jean  White. 


Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 


HOUSE  JOURNAL  11 FEB82 


73 


AN  ACT 

correcting  an  omission  in  the  domestic 

violence  law  revision  and  relative 

to  the  right  to  recovery  of  expenses 

from  the  settlement  community  of 

the  parents  of  a  delinquent 

child,  neglected  child  or 

child  in  need  of  services. 

Amend  the  bill  by  striking  out  all  after 
section  1  and  inserting  in  place  thereof  the 
following: 

2  Delinquent  Children;  Recovery  From 
Settlement  Community.  Amend  RSA  169-B:40,  I 
and  II  (supp)  as  inserted  by  1979,  361:2  as 
amended  by  striking  out  said  paragraphs  and 
inserting  in  place  thereof  the  following: 

I.  Whenever  an  order  creating 
liability  for  expenses  is  issued  by  the 
court  under  this  chapter,  any  expenses 
incurred  shall  be  payable  by  the  town  in 
which  the  minor  resides  at  the  time  the 
petition  is  filed,  or  if  the  residence 
cannot  be  determined,  by  the  town  in  which 
the  minor  is  taken  into  custody.  Either 
town  shall  have  a  right  of  action  over  for 
such  expenses  against  the  town  or  city  of 
settlement  of  the  parent  or  parents  having 
custody  of  the  minor,  or  the  county  in  which 
the  parent  or  parents  having  custody  reside 
if  they  do  not  have  a  settlement  or  the 
people  chargeable  by  law  for  the  minor's 
support  and  necessities.   If  a  town  cannot 
collect  for  such  payments  made  in  behalf  of 
a  minor,  the  payments  shall  be  considered 
assistance  to  a  pauper  as  to  the  person 
chargeable  by  law  for  the  minor's  support 
and  necessities  and  such  person  shall  be 
subject  to  a  loss  of  settlement  in 
accordance  with  the  provisions  of  RSA 
164-A:5  provided  that  such  person  has  a 
settlement  in  such  town.  The  court  shall 
require  the  individual  chargeable  by  law  for 
the  minor's  support  and  necessities  to 
submit  a  financial  statement  to  the  court 
upon  which  the  court  may  make  an  order  as  to 
reimbursement  to  the  appropriate  legally 
liable  unit  as  may  be  reasonable  and  just, 
based  on  the  person's  ability  to  pay. 

II.  Upon  determination  of 
liability  at  any  stage  of  the  proceeding, 
the  court  shall  send  notice  to  the 
appropriate  legally  liable  unit.  The 
legally  liable  unit  may,  within  30  days  from 
the  receipt  of  notice,  request  a  hearing  on 
the  issue  of  liability.  At  such  hearing, 
the  court  shall  provide  all  financial 
information,  including  names  and  addresses 
of  persons  chargeable  by  law  for  the  minor's 
support  and  necessities,  to  the  legally 
liable  unit. 

3  Neglected  Children;  Recovery  From 
Settlement  Community.  Amend  RSA  169-C:27,  I 
and  II  (supp)  as  inserted  by  1979,  361:2  as 
amended  by  striking  out  said  paragraphs  and 
inserting  in  place  thereof  the  following: 

I.  Whenever  an  order  creating 
liability  for  expenses  is  issued  by  the 
court  under  this  chapter,  any  expenses 
incurred  shall  be  payable  by  the  town  in 
which  the  child  resides  at  the  time  the 
petition  is  filed  or,  if  the  residence 
cannot  be  determined,  by  the  town  in  which 


the  child  is  taken  into  custody.  Either 
town  shall  have  a  right  of  action  over  for 
such  expenses  against  the  town  or  city  of 
settlement  of  the  parent  or  parents  having 
custody  of  the  child,  or  the  county  in  which 
the  parent  or  parents  having  custody  reside 
if  they  do  not  have  a  settlement,  or  the 
person  chargeable  by  law  for  the  child's 
support  and  necessities.   If  a  town  cannot 
collect  for  such  payments  made  in  behalf  of 
a  child,  the  payments  shall  be  considered 
assistance  to  a  pauper  as  to  the  person 
chargeable  by  law  for  the  child's  support 
and  necessities  and  such  person  shall  be 
subject  to  a  loss  of  settlement  in 
accordance  with  the  provisions  of  RSA 
161J-A:5  provided  that  such  person  has  a 
settlement  in  such  town.  The  court  shall 
require  the  individual  chargeable  by  law  for 
the  child's  support  and  necessities  to 
submit  a  financial  statement  to  the  court 
upon  which  the  court  may  make  an  order  as  to 
reimbursement  to  the  appropriate  legally 
liable  unit  as  may  be  reasonable  and  Just, 
based  on  the  person's  ability  to  pay. 

II.  Upon  determination  of 
liability  at  any  stage  of  the  proceeding, 
the  court  shall  send  notice  to  the 
appropriate  legally  liable  unit.  The 
legally  liable  unit  may,  within  30  days  from 
receipt  of  notice,  request  a  hearing  on  the 
issue  of  liability.  At  such  hearing,  the 
court  shall  provide  all  financial 
information,  including  names  and  addresses 
of  persons  chargeable  by  law  for  the  child's 
support  and  necessities,  to  the  legally 
liable  unit. 

4  Children  in  Need  of  Services; 
Recovery  From  Settlement  Community.  Amend 
RSA  169-D:29,  I  and  II  (supp)  as  inserted  by 
1979,  361:2  as  amended  by  striking  out  said 
paragraphs  and  inserting  in  place  thereof 
the  following: 

I.  Whenever  an  order  creating 
liability  for  expenses  is  issued  by  the 
court  under  this  chapter,  any  expenses 
incurred  shall  be  payable  by  the  town  in 
which  the  child  resides  at  the  time  the 
petition  is  filed  or,  if  the  residence 
cannot  be  determined,  by  the  town  in  which 
the  child  is  taken  into  custody.  Either 
town  shall  have  a  right  of  action  over  for 
such  expenses  against  the  town  or  city  of 
settlement  of  the  parent  or  parents  having 
custody  of  the  child,  or  the  county  in  which 
the  parent  or  parents  having  custody  reside 
if  they  do  not  have  a  settlement,  or  the 
person  chargeable  by  law  for  the  child's 
support  and  necessities.   If  a  town  cannot 
collect  for  such  payments  made  in  behalf  of 
a  child,  the  payments  shall  be  considered 
assistance  to  a  pauper  as  to  the  person 
chargeable  by  law  for  the  child's  support 
and  necessities  and  such  person  shall  be 
subject  to  a  loss  of  settlement  in 
accordance  with  the  provisions  of  RSA 
15U-A:5  provided  that  such  person  has  a 
settlement  in  such  town.  The  court  shall 
require  the  individual  chargeable  by  law  for 
the  child's  support  and  necessities  to 
submit  a  financial  statement  to  the  court 
upon  which  the  court  may  make  an  order  as  to 
reimbursement  to  the  appropriate  legally 
liable  unit  as  may  be  reasonable  and  just, 
based  on  the  person's  ability  to  pay. 


74 


HOUSE  JOURNAL  1 1 FEB82 


II.   Upon  determination  of 
liability  at  any  stage  of  the  proceeding, 
the  court  shall  send  notice  to  the 
appropriate  legally  liable  unit.  The 
legally  liable  unit  may,  within  30  days  from 
receipt  of  notice,  request  a  hearing  on  the 
issue  of  liability.  At  such  hearing,  the 
court  shall  provide  all  financial 
information,  including  names  aind  addresses 
of  persons  chargeable  by  law  for  the  child's 
support  and  necessities,  to  the  legally 
liable  unit. 


to  currently  available  low- level  radioactive 
waste  disposal  facilities. 

2  New  Subdivision.   Amend  RSA  125  by 
inserting  after  section  77-f  the  following 
new  subdivision: 

Task  Force  on  Low-Level  Radioactive 
Waste  Management 


125:77-g  Definitions, 
subdivision: 


In  this 


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

Amendment  adopted. 
Ordered  to  third  reading. 

HB  26-FN,  relative  to  radioactive  waste 
management  and  making  an  appropriation 
therefor.  Ought  to  Pass  with  Amendment. 
The  amendments  include  major 
accommodations  to  the  excellent 
testimony  given  at  the  first  public 
hearing.  All  participants  at  the  second 
public  hearing  were  satisfied,  as  was 
the  Committee  evidenced  by  its  unanimous 
vote.  Rep.  Robert  H.  Eisengrein  for 
Science  and  Technology. 

Amendment 
Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 


I.  "Low-level  radioactive  waste" 
means  radioactive  waste  not  classified  as 
high-level  radioactive  waste  or  transuranic 
waste,    but  not  waste  generated   from  the 
mining  or  milling  of  nuclear  fuel  ores. 
"High-level  radioactive  waste"  means  spent 
nuclear  fuel  or  that  portion  of  the  material 
generated   in  the  processing  of  such  fuel 
that  contains  most  of  the   fission  products 
and  most  of  the  activities  not  separated  out 
during  the   reprocessing.      "Transuranic 
waste"  means   radioactive  waste  containing 
greater  than   10  nanocuries  of  transuranic 
activity  per  gram  of  material; 

II.  "Task   forces"  means  the  task 
force  on   low-level  radioactive  waste 
management  established   by  RSA   125:77-h; 

III.  "Radioactive  waste 
management"  means   the  systematic  control  of 
the  collection,    storage,    transportation, 
possession,    treatment,    recovery  and  disposal 
of  low-level  radioactive  wastes. 

125:77-h     Task  Force  Established. 


relative  to  the  establishment  of  a  low-level 

radioactive  waste  managemen  task   force  and 

making  an  appropriation   therefor. 

Amend   the   bill  by  striking  out  all  after 
the  enacting  clause  and   inserting  in  place 
thereof  the   following: 

1     Findings.     The  general  court  hereby 

finds: 

I.  The  state  of  New  Hampshire  has 
no  formally  articulated  policy  and  plan  for 
the  storage,  treatment  or  disposal  of 
low-level  radioactive  waste,  and  recent 
federal  legislation  has  given  the  state 
certain  responsibilities  in  dealing  with 
low-level  radioactive  waste  management; 

II.  The  continued  use  of 
radioisotopes  in  medical  diagnosis  and 
treatment,  research  activities  and  industry 
is  essential  to  maintain  the  health,  safety 
and  welfare  of  New  Hampshire's  citizens. 
Current  technology  identified  by  the  United 
States  Code  of  Federal  Regulations,  10  CFR 

6 1 ,  represents  the  best  current  standaTd  for 
safe  and  economical  disposition  of  the 
resultant  low-level  radioactive  waste.  The 
implementation  of  the  state  plan  shall  be 
part  of  a  comprehensive  program  consistent 
with  the  state's  interests  in  the  health, 
safety  and  welfare  of  its  citizens; 

III.  The  federal  government  has 
declared  that  each  state  is  responsible  for 
the  disposal  of  its  own  commercially 
generated  low-level  radioactive  waste  either 
within  or  without  the  state,  and  New 
Hampshire  faces  the  imminent  loss  of  access 


I.  There  is  hereby  established  the 
task  force  on  low- level  radioactive  waste 
management.  The  members  of  the  task  force 
shall  be: 

(a)  The  governor  or  his 
designee; 

(b)  The  commissioner  of 
safety  or  his  designee; 

(c)  The  commissioner  of 
public  works  and  highways  or  his  designee; 

(d)  The  executive  director  of 
the  water  supply  and  pollution  control 
commission  or  his  designee; 

(e)  The  chairman  of  the  state 
radiation  advisory  committee  or  his  designee; 

(f)  The  commissioner  of 
health  and  welfare  or  his  designee; 

(g)  The  commissioner  of 
resources  and  economic  developmemt  or  his 
designee; 

(h)  Two  members  of  the  house 
of  representatives  appointed  by  the  speaker 
of  the  house; 

(i)  Two  members  of  the  senate 
appointed  by  the  president  of  the  senate;  and 

(J)  Four  public  members 
appointed  by  the  governor.  The  public 
members  shall  be: 

(1.)  A  representative  of 
a  generator  of  low-level  radioactive  waste; 

(2.  )  A  person 
representing  a  public  interest  group; 

(3.)  A  representative  of 
an  environmental  organization;  and 

(4. )  A  physician 
experienced  in  nuclear  medicine. 


HOUSE  JOURNAL  11FEB82 


75 


II.  Membership  on  the  task  force 
shall  be  coterminous  with  the  official  state 
position  held  at  the  time  of  appointment. 

III.  The  members  of  the  task  force 
shall  select  a  chairman,  a  vice-chairman  and 
a  clerk  from  among  its  members  by  majority 
vote.  Any  permanent  designee  appointed  to 
the  task  force  may  serve  as  chairman, 
vice-chairman  or  clerk.  The  office  of 
record  shall  be  the  office  of  the  New 
Hampshire  radiological  health  program  in  the 
division  of  public  health  services. 

125:77-1  Powers  and  Duties  of  the  Task 
Force.  The  task  force  is  designated  as  the 
point  of  contact  in  the  state  for  all 
matters  relating  to  low-level  radioactive 
waste  management.  The  task  force  is 
authorized  to  negotiate  on  behalf  of  the 
state  with  other  states  or  the  federal 
government  on  any  matter  relating  to 
low-level  radioactive  waste  management.  The 
presence  of  a  quorum  is  required  for  the 
tasik   force  to  transact  any  of  its  business. 
The  duties  of  the  task  force  are  as  follows: 

I.  Develop  a  state  plan  for  the 
management  of  all  low-level  radioactive 
waste  generated  within  the  state.  The  state 
plan  shall  include  proposals  for  legislation 
creating  a  state  plan  and  a  siting  process 
for  a  low-level  radioactive  waste  facility 
and  any  other  proposed  legislation  deemed 
necessary  by  the  task  force.  The  siting 
process  shall  include  public  hearings  and 
shall  provide  for  the  involvement  of  local 
government.  Prior  to  each  public  hearing, 
the  task  force  shall  notify  the  media,  as 
may  be  appropriate,  to  obtain  the  broadest 
possible  notice  to  the  public.  Notice  of  a 
hearing  shall  include,  at  a  minimum, 
publication  at  least  2  times  in  a  newspaper 
of  state-wide  circulation  and,  if 
appropriate,  in  a  newspaper  of  local  or 
regional  circulation,  no  more  than  20  days 
nor  less  than  7  days  prior  to  the  hearing. 
The  task  force  shall  fully  consider  in  its 
study  different  methods  for  low-level 
radioactive  waste  disposal  and 
transportation  within  and  without  the 
state.  In  its  investigation  and  study  for  a 
process  of  siting,  the  task  force  shall 
utilize  a  literature  survey  of  New  Hampshire 
terrain. 

II.  No  later  than  December  1, 
1982,  submit  a  report  to  the  governor  and 
council,  the  speaker  of  the  house  of 
representatives  and  the  president  of  the 
senate  for  distribution  to  all  members  of 
the  general  court.  The  report  shall  detail 
all  the  activities  of  the  task  force  and 
shall  include  a  complete  financial  statement. 

III.  Any  proposal  developed  by  the 
task  force  as  a  result  of  negotiation  for  a 
plan  or  for  an  interstate  compact  agreement 
shall  be  subject  to  ratification  by  both 
houses  of  the  general  court  by  joint 
resolution  in  the  1983  regular  session.  The 
task  force  shall  initiate  the  resolution 
between  the  dates  of  January  1,  1983,  and 
March  1,  I983. 

IV.  The  task  force  shall  give 
paramount  consideration  to  the  health, 
safety  and  welfare  of  New  Hampshire's 
citizens  during  the  evaluation  process  for 


any  low- level  radioactive  waste  management 
program. 

125:77-j  Staff;  Expenses.  Whenever 
possible,  task  force  members  may  draw  on  any 
of  their  staff  or  departmental  resources 
when  discharging  duties  of  the  task  force. 
The  task  force  may  also  expend  funds,  within 
its  appropriation,  for  necessary  staff, 
hiring  of  consultants,  field  tests, 
operating  expenses  and  travel  expenses 
incurred  in  connection  with  duties  of  the 
task  force,  and  for  public  education 
programs  relating  to  radioactive  waste 
management.  The  task  force  shall  make  no 
expenditures  without  approval  in  advance  by 
a  quorum  of  the  task  force. 

125:77-k  Grants.  The  task  force  may 
apply  for,  accept  and  expend  grants  or 
gifts,  including  services,  from  any  source 
to  use  for  its  purposes. 

3  Appointments;  First  Meeting.  The 
appointments  to  the  task  force  to  be  made 
under  RSA  125:77-h,  1(h)  and  (i)  shall  be 
made  within  15  days  of  the  effective  date  of 
this  act.  The  task  force  shall  hold  its 
first  meeting  within  30  days  of  the 
effective  date  of  this  act,  and  shall  elect 
its  chairman  at  that  meeting. 

H     State  Geologist.   In  addition  to  the 
duties  listed  in  RSA  12-A:4-b,  the  state 
geologist  shall,  in  conjunction  with  a 
hydrologist  and  an  ecologist  and  within  5 
months  of  the  effective  date  of  this  act, 
complete  a  literature  survey  of  New 
Hampshire  terrain  and  submit  a  report  to  the 
task  force  on  low-level  radioactive  waste 
management.  The  report  shall  identify  areas 
having  suitable  ecological,  hydrological  and 
geological  characteristics  for  the 
establishment  of  a  shallow  land  burial 
disposal  facility  for  low-level  radioactive 
waste  which  would  comply  with  federal  law. 

5  Prohibition.  Amend  RSA  125:77-b 
(supp)  as  inserted  by  1979,  350:3  by 
striking  out  in  line  3  the  words  "except  as 
hereinafter  provided"  so  that  said  section 
as  amended  shall  read  as  follows: 

125:77-b  Prohibition.  No  person  shall 
receive,  store  or  dispose  of  radioactive 
waste  in  the  state  or  within  the  coastal 
jurisdiction  of  the  state.  Nothing  in  this 
subdivision  shall  be  construed  to  prohibit 
the  on-site  storage  of  spent  nuclear  fuel 
rods  nor  in  any  way  to  abrogate  or  amend  the 
agreement  entered  into  between  the  state  and 
the  United  States  Atomic  Energy  Commission 
pursuant  to  section  274  of  the  Atomic  Energy 
Act  of  195**  as  amended;  provided,  however, 
under  no  circumstances  shall  spent  nuclear 
fuel  rods  from  any  other  plant  or  storage 
facility  be  received  for  on-site  storage. 

6  Itepeal.  KSA  T2?r7T-a  antf  ttSA 
125:77-c  through  RSA  125:77-f  relative  to 
radioactive  waste  consultation  are  hereby 
repealed. 

7  Appropriation.  The  sum  of  $25,000  is 
hereby  appropriated  to  the  task  force  on 
low-level  radioactive  waste  management  for 
the  purposes  of  sections  2  and  3  of  this  act 
for  the  biennium  ending  June  30,  I983.  The 
governor  is  authorized  to  draw  his  warrant 
for  said  sum  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 


76 


HOUSE  JOURNAL  11FEB82 


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

Rep.  Proctor  spoke  in  favor  of  the 
Committee  report  and  yielded  to  questions. 

Rep.  Eisengrein  spoke  in  favor  of  the 
Committee  report. 

Rep.  Pevear  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  283  NAYS  19 

YEAS  283 

BELKNAP:  Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Hildreth, 
Holbrook,  Lamprey,  Pearson,  Randall,  Rich, 
Rollins,  David  Whittemore  and   Zeckhausen. 

CARROLL:  Allen,  Barringer,  Chase,  Esther 
Davis,  Dickinson,  Heath,  Keller,  Kenneth 
MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Barber,  Baybutt,  Crane,  Jesse 
Davis,  Daniel  Eaton,  Eisengrein,  Ernst, 
Gordon,  Hickey,  Matson,  Miller,  Moore, 
Perry,  Proctor,  Margaret  Ramsay,  Rouillard, 
Patricia  Russell,  Scranton  and  Jean  White. 

COOS:  Beau lac,  Brideau,  Brungot,  Chardon, 
Lawrence  Guay,  Horton,  Langley,  George 
Lemire,  Mayhew,  Oleson,  Theriault,  Valliere, 
Wiswell  and  York. 

GRAFTON:   Buckman,  Nelson  Chamberlin, 
Chambers,  Christy,  Clark,  Copenhaver,  Crory, 
Driscoll,  Hammond,  LaMott,  Logan,  Look, 
Mann,  Mansfield,  Melendy,  Pepitone,  Rounds, 
Seely,  Taffe,  Glyneta  Thomson,  Walter  and 
Ward. 

HILLSBOROUGH:  Debora  Ahern,  Richard  Ahern, 
Ahlgren,  Ainley,  Amidon,  Arnold,  Baker, 
Boisvert,  Bosse,  Brack,  Bridgewater, 
Carragher,  Carswell,  Charpentier,  Cronin, 
DeForte,  William  Dion,  Dolbec,  Donovan, 
Clyde  Eaton,  Joseph  Eaton,  Ford,  Gagnon, 
Richard  Galway,  Gelinas,  Granger,  Sal 
Grasso,  Hall,  Heald,  Healy  Hendrick,  Horan, 
Howard  Humphrey,  Thomas  Hynes,  Kaklamanos, 
Kashulines,  Katsiaficas,  Keefe,  Kizala, 
Knight,  Labombarde,  LaPierre,  Leclerc, 
Levesque,  Martineau,  Mazur,  McGlynn, 
Messier,  Milton  Meyers,  Mulligan,  Murray, 
Nardi,  Nemzoff,  Norman  Packard,  George 
Papadopoulos,  Pariseau,  Pastor,  Denise 
Raiche,  Maureen  Raiche,  Peter  Ramsey, 
Record,  Robie,  G.  Philip  Rodgers,  Roy, 
William  Russell,  Sallada,  Silva,  B.  P. 
Smith,  Edward  Smith,  Leonard  Smith,  Soucy, 
Spirou,  Steiner,  Stone,  Stylianos,  Mary 
Sullivan,  Turgeon,  Vachon,  Van  Loan,  Vergas, 
Ware,  Bern ice  Welch,  Emma  Wheeler,  Kenneth 
Wheeler,  Robert  Wheeler,  M.  Arnold  Wight, 
Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  Bowes,  Brady,  Carroll,  John  Gate, 
Milton  Gate,  Daniell,  Dean,  Degnan,  Hanus, 
Holmes,  Kidder,  Locke,  Nichols,  David 
Packard,  Paire,  Parker,  Doris  Riley,  William 
Roberts,  Savaria,  Gerald  Smith,  Stark,  Stio, 
Lawrence  Sullivan,  Trachy,  Underwood,  Mary 
Jane  Wallner,  Ash ton  Welch  and  Wiviott, 


ROCKINGHAM:  Aeschliman,  Benton,  Blaisdell, 
William  Boucher,  Burdick,  Butler,  Marilyn 
Campbell,  Connors,  Cote,  Day,  Espinola, 
Flanagan,  Flanders,  Beverly  Gage,  Thomas 
Gage,  Kenneth  Gould,  Selma  Gould,  Greene, 
Hoar,  Kane,  Kelley,  Roger  King,  Kozacka, 
Krasker,  Leslie,  Joseph  MacDonald,  Robert 
Mason,  Norman  Myers,  Nevins,  Newell,  Osbom, 
Pante lakes.  Parr,  Quimby,  Read,  Myrtle 
Rogers,  Romoli,  Schmidtchen,  Schwaner, 
Skinner,  Splaine,  Stimmell,  Sytek,  Tavitian, 
Vartanian,  John  Walker,  Warburton, 
Wojnowski,  Wolf sen,  Raymond  Wood  and  Woodman. 

STRAFFORD:   Appleby,  Bernard,  Bickford, 
Blouin,  Bouchard,  Chagnon,  James  Chamberlin, 
Creteau,  Demetracopoulos,  Albert  Dionne, 
Anita  Flynn,  Gauvin,  Kincaid,  Meader, 
Paigeotte,  Sackett,  Donald  Smith,  Franklin 
Torr,  Ralph  Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  Brodeur,  David 
Campbell,  Cutting,  Gordon  Flint,  Forrest, 
Leonard  Gray,  Sim  Gray,  Ingram,  LeBrun, 
Palmer,  Quinlan,  Spaulding  and  Townsend. 


NAYS  19 


BELKNAP:  None. 


CARROLL:  None. 

CHESHIRE:  Robert  Galloway  and  O'Connor. 

COOS:   Chappell  and  Richard  Demers. 

GRAFTON:  None. 

HILLSBOROUGH:  Burkush,  Head,  Lefebvre  and 
Howard  Mason. 

MERRIMACK:  Lewis  and  Margaret  Roberts. 

ROCKINGHAM:  Camuso,  Carpenito,  Ellyson, 
Hollingworth,  LoFranco  and  Pevear. 

STRAFFORD:   Donnelly,  Maglaras  and  Schreiber. 

SULLIVAN:  None,  and  the  amendment  was 
adopted. 

Referred  to  Appropriations 

Rep.  Zimmerman  notified  the  Clerk  that 
he  wished  to  be  recorded  in  favor  of  the 
Committee  report. 

Rep.  Lefebvre  notified  the  Clerk  that  he 
inadvertently  voted  nay  and  meant  to  vote 
yea. 

SUSPENSION  OF  RULES 

Reps.  Baybutt  and  Spirou  moved  that  the 
rules  be  so  far  suspended  as  to  permit 
consideration  at  the  present  time  of  HB  42, 
relative  to  low  Income  energy  assistance  and 
community  services  block  grant. 

Reps.  Baybutt  and  Spirou  spoke  in  favor 
of  the  motion. 

Adopted  by  the  necessary  two-thirds. 

Reps.  Baybutt  and  Spirou  moved  that  HB 
42  be  ordered  to  third  reading. 
Ordered  to  third  reading. 


HOUSE  JOURNAL  11FEB82 


77 


SENATE  MESSAGE 
REQUESTS  CONCURRENCE  WITH  AMENDMENT 

HB  21-FN,  relative  to  school  bus 
registration  fees  and  OHRV's. 

Rep.  Tavitian  moved  that  the  House 
concur. 

Adopted. 

HB  15,  requiring  a  representative  from 
management,  one  from  labor,  and  one 
representing  the  public  in  the  Appellate 
division  of  the  department  of  employment 
security. 

Rep.  Skinner  moved  that  the  House  concur. 
Adopted. 

HB  19-FN,  relative  to  the  escrow  account 
for  court  facility  improvements;  amending 
the  recodification  of  the  business 
corporations  act. 

Rep.  Carswell  moved  that  the  House 
concur. 

Adopted. 

HB  17,    relative  to   livestock   dealers, 
auctions  or  sales  rings  and  abusive 
treatment  of  horses. 

Rep.  Greene  moved   that   the  House  concur. 
Adopted. 

HB  23,    relative  to  the  Rockingham  county 
sheriff's   salary. 

Rep.  Mann  moved  that  the  House  concur. 
Adopted. 

HB  28-FN,  relative  to  the  opening  of  a 
liquor  store  in  Laconia  and  making  an 
appropriation  therefor. 

Rep.  Kidder  moved  that  the  House 
nonconcur  request  a  Committee  of  Conference. 

Adopted. 

The  Speaker  appointed  Reps.  LaMott, 
Kane,  Margaret  Ramsay  and  Hildreth. 

HB  20,  relative  to  minimum  mandatory 
sentences  for  driving  while  intoxicated  and 
relative  to  the  parole,  sentencing  and 
credit  for  good  conduct  of  prisoners. 

Rep.  Carswell  moved  that  the  House 
nonconcur  and  request  a  Committee  of 
Conference. 

Adopted. 

The  Speaker  appointed  Reps.   Hanus, 
Carswell,    Sytek   and  Ahlgren. 

Rep.   Bosse  moved   that   the  House  now 
adjourn  from  the  early  session,    that  the 
business  of  the   late  session  be  in  order  at 
the  present  time,    that  the   reading  of  bills 
be  by  title  only  and   resolutions  by  caption 
only  and   that  all   bills   ordered   to   third 
reading  be  read  a  third   time  by  this 
resolution,    and  that  all   titles  of  bills  be 
the  same  as  adopted,   and  that  they  be  passed 
at  the  present  time,    and  when  the  house 
adjourn  today   it   be  to  meet  Tuesday, 
February  16  at   11:00  a.m. 

Adopted. 


LATE  SESSION 
Third  reading  and  final  passage 

HB  8-FN,  relative  to  the  real  estate 
commission  and  making  an  appropriation 
therefor. 

HB  27,  relative  to  educational  expenses 
for  certain  handicapped  children  and 
relative  to  the  special  education  program  of 
the  child  and  adolescent  unit  at  the  New 
Hampshire  hospital  and  making  an 
appropriation  therefor. 

HB  29-FN,  relative  to  county  escheat 
funds. 

SB  5,  relative  to  the  real  estate 
commission,  the  board  of  nursing  education 
and  nurse  registration  and  liquor  commission. 

SB  10,  establishing  a  dam  maintenance 
fund  for  Merrymeeting  Lake  Dam  and  making  an 
appropriation  therefor. 

HB  35,  making  changes  in  the  certificate 
of  need  law  -  RSA  151 -C 

SB  6,  authorizing  the  financing  of 
health  maintenance  organizations. 

SB  12,  correcting  the  ommission  in  the 
domestic  violence  law  revision  and  relative 
to  the  release  of  delinquent  children  and 
children  in  need  of  services. 

HB  42-FN,  relative  to  low  income  energy 
assistance  and  community  services  block 
grant. 

RECESS 

Rep.  Baybutt  moved  that  the  House 
adjourn. 

Adopted. 


78 


HOUSE 
JOURNAL  7 

Tuesday  16Feb82 


The  House  assembled  at   11:00  a.m.,    the 
hour  to  which  it  stood  adjourned,   and  vas 
called  to  order  by  the  Speaker. 

Prayer  was  offered   by  the  House 
Chaplain,   Rev.  William  L.   Quirk. 

Let  us  Pray: 

God  our  Father,  almighty  and  eternal,  we 
confidently  call  on  You  this  day  to  be  with 
us  and  lend  us  Your  assistance. 

We  ask  that  You  sustain  us  in  the  work 
that  we  are  about  to  undertake  and  renew 
Your  spirit  and  life  within  us.  May  all 
that  we  accomplish  be  done  in  a  disposition 
of  joy  and  with  the  willingness  to  serve 
others. 

May  all  that  we  complete  this  day  have 
its  beginning  with  You,  Almighty  Father,  and 
by  You  be  happily  ended.  Amen. 

Rep.  James  Chamber lin  led  the  Pledge  of 
Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  Myrl  Eaton,  Howard,  Rand,  Brown, 
Camuso,  Kaklamanos,  Robert  Wheeler,  Chris 
Papadopoulos  and  Pepitone,  the  day,  illness. 

Reps.  Appel,  Blake,  Duffett,  James 
Humphrey,  Levesque,  Perry,  William  Riley, 
Snell,  Stockman,  Walker,  Watson,  Arnold, 
Brack,  Greene,  Melendy,  Wojnowski, 
Zimmerman,  Blaisdell,  Hollingworth,  Lynde, 
Moore,  James  O'Neill,  Woodman  and  Mooradian, 
the  day,  important  business. 

INTRODUCTION  OF  GUESTS 

Mrs.  Cobb  and  Mrs.  Patmos  and  members  of 
the  Lucky  Leaf  4-H  Club  Know  Your  Government 
Class  of  Keene,  guests  of  Rep.  Rouillard; 
Ms.  Caroline  Dennis  of  Hamden,  Conn.,  guest 
of  Rep.  David  Packard;  Tim  and  Paul  Mason, 
nephews  of  Rep.  Proctor;  Jon  Hickey,  Ethan 
Andrews,  Matt  Azzaro  and  Carme  Azzaro,  son 
and  friends  of  Rep.  Hickey;  Mrs.  James 
Sullivan,  Mrs.  Pauline  Lavigne  and  Mrs.  Lou 
Dupont,  guests  of  Rep.  James  Sullivan;   Mrs. 
Ursula  Smith  of  Amherst,  guest  of  Rep.  B.  P. 
Smith;  Julie  Clark,  granddaughter  of  Rep. 
Phyllis  DeNafio  of  Dover. 

Rep.  Chris  Spirou  introduced  the  newly 
confirmed  Commissioner  of  the  Public 
Utilities  Commission,  Rep.  Lea  H.  Aeschliman. 


COMMITTEE  REPORTS 
(Regular  Calendar) 

HB  10-FN,  relative  to  amending  the 
operating  budget.  Ought  to  Pass  with 
Amendment. 

The  Committee  analysis  has  been 
distributed  to  members.  Subsequent  to 
Thursday's  public  hearing,  the  committee 
is  recommending  other  changes  in  the 
operating  budget.  They  were  offered  as 
a  floor  amendment  after  adoption  of  the 
Committee  Amendment.  Rep.  William  F. 
Kidder  for  Appropriations. 

Amendment 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1  Appropriations  Amended.  Amend  1981, 
568:1  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 


INSERT  AMENDMENT 


HOUSE  JOURNAL  16FEB82 


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HO    0955  PAGE  511  02/09/8? 

2.       CHAr.'oES     MADE     TO     1981,568. 

I.  AMEN?     1981     568:17     bY     STRIKING    OUT     SAID     SECTION     AND     INSERTING 
IN    PLACE     THEREOF     THE     FOLLOWING: 

568:17         TUITION     AT     TECHNICAL     INSTITUTE     AND     V 0 C AT  I  0 N AL - T E C H N I C AL 
COLLEGES.        NOTWITHSTANDING     THE     PROVISIONS     OF      RSA     188-A:8/     THE 
TUITION     TO    BE     CHARGED     AT     THE     TECHNICAL     INSTITUTE     FOR     FISCAL     YEAR 
193?     SMALL     BE     $950     FOR     IN-STATE     STUDENTS     AND     $3*400     FOR     OUT-OF- 
STATE     STUDENTS    AND     FOR     FISCAL     YEAR     1983    $1/100    FOR     IN-STATE     STUDENTS 
AND     $3/400     FOR     OUT-Of-STATE     STUDENTS.         THE     TUITION     TO     BE     CHARGED 
AT     THE     VOCATIONAL-TECHNICAL     COLLEGES     FOR     FISCAL     YEAR     198?     SHALL     BE 
$900     FOR      IN-STATE     STUDENTS     AND     $3/?00     FOR     OUT-OF-STATE     STUDENTS     AND 
FOR     FISCAL     YEAR     1983     $1/050     FOR     IN-STATE     STUDENTS     AND     $3/?00     FOR 
OUT-OF-STATE     STUDENTS.         NOTWITHSTANDING     ANY     ACT     TO     THE     CONTRARY/     THE 
STATE     BOARD     OF     EDUCATION     SHALL     HAVE     THE     AUTHORITY     TO     RAISE      TUITION     AT     THt 
NEW     HAMPSHIRE     TECHNICAL      INSTITUTE      AND      THE      SIX      (6)      NEW     HAMPSHIRE     VOCATIONAL- 
TECHNICAL     COLLEGES     SO     THAT     WHEN     SAID     TUITION      IS    ADDED     TO     THE     STATE      APPRO- 
PRIATION    THE     GROSS     EXPENDITURE     AMOUNT     WILL     BE     MAINTAINED     FOR     THE     NEXT     TWO 
YEAR     PERIOD.        ANY     TUITION     INCREASE     SHALL     BE     BY     A     LIKE     AMOUNT     AT     ALL     OF     THE 
VOCATIONAL-TECHNICAL     COLLEGES     AND     AT     THE     NEW     HAMPSHIRE     TECHNICAL 
INSTITUTE.         ALL     SUMS     RECEIVED     THROUGH     APPROPRIATIONS     AND     TUITION     SHALL     BE 
USED     FOR     SUPPORT     AND     MAINTENANCE/      INCLUDING     PERSONNEL     SERVICES/     OPERATING 
EXPENSES     AND     OTHER     EXPENSES/      INCIDENT     TO     THE      PROPER     MANAGEMENT     AND     OPERATION 
OF     SAID      INSTITUTE     AND     COLLEGES. 

II.  AMEND     1931      568:135     BY     STRIKING     OUT     SAID     SECTION     AND     INSERTING      IN 
PLACE     THEREOF     THE     FOLLOWING: 

568:135     AGRICULTURAL     FAIRS.        NOTWITHSTANDING     ANY     OTHER     PROVISIONS     OF 
LAW/      THE      SUM     OF     $45/000     FOR     FISCAL     YEAR     198?     OF     THE     APPROPRIATION     MADE 
TO     THE     DEPARTMENT     OF     AGRICULTURE      IN     SECTION     1      OF      THIS     ACT     SHALL     BE 
RESERVED     BY     THE     COMMISSIONER     OF     AGRICULTURE     FOR    PAYMENTS     TO    AGRICUL- 
TURAL    FAIRS     AND     SHALL     NOT    BE     EXPENDED     OR     USED     FOR     ANY    OTHER     PURPOSE. 

III.  AMEND     1981/    568:163    BY     STRIKING     OUT     SAID    SECTION    AND     INSERTING     IN    PLACE 
THEREOF      THE      FOLLOWING: 

568 :  1  6  3    SALARY     INCREASES. 

I.        SALARY     INCREASES.        COMMENCING    JULY     3/     1981     THE     SALARY     OF     EVERY 
CLASSIFIED/     UNCLASSIFIED/     JUDICIAL     AND    LEGISLATIVE     STATE     EMPLOYEE     SHALL 
BE     INCREASED    QY     9    PERCENT    OF     THE     AMOUNT     SUCH     EMPLOYEE     IS     RECEIVING     ON    JULY     ?/ 


390  HOUSE  JOURNAL  16FEB82 


H3    •'^SS  PAG?  512  02/09/5? 

W81.     THE     DIRECTOR     OF     LEGISLATIVE     SERVICES     IS     HEREBY     DIRECTED     TO     CHANGE     THE 
SAL»'>T     SCHEDULES     4ND     TABLES     AND     INTRODUCTORY     PARAGRAPHS     IN     RSA    94:1-A,     R3A     99:1 
-4     »\0     SSA     491-A:1      70     REFLECT     THE     9    PERCENT     INCREASE     PROVIDED     FOR    HEREIN    AND 
SAID     SCHEDULES     A 'JO     TABLES     AND     PARAGRAPHS     ARE      HEREBY     SO     AMENDED     COMMEN- 
CING    JULY     I,      198  1  . 

II.         APPROPRIATION     FOR     COST      PACKAGE.         THERE      IS     HEREBY     APPROPRIATED 
IN     AOOIMON     TO     ALL     OTHER     APPROPRIATIONS     THE      FOLLOWING     SUMS      FOR     FISCAL 
YEAR     1985     TO      IMPLEMENT      THE     BALANCE     OF      THE     COST     PACKAGE     OF      THE     NEGO- 
TIATED    AGREEMENT     BETWEEN     THE     STATE     NEGOTIATING    COMMITTEE     AND     THE 
STATE      EMPLOYEES     ASSOCIATION     OF     NEW    HAMPSHIRE/'      INC./     DATED     JUNE     15/ 
1981:        $1/264/189    FROM     THE    GENERAL     FUNDS    OF     THE     STATE/     $528/864     FROM 
The     HIGHWAY     FUND/     $25/282     FROM     THE     FISH     AND     GAME      FUND/     $526/915     FROM 
FEDERAL      FUNDS     AND     $127/697     FROM     SELF-SUSTAINING     FUNDS.         THERE      IS     HEREBY 
APPROPRIATED     IN     ADDITION     TO     ALL     OTHER     APPROPRIATIONS     THE     FOLLOWING     SUMS 
FOR     FISCAL     YEAR     1985:        $1/597/857     FROM     THE     GENERAL     FUNDS    OF     THE     STATE/ 
$6i9/!^97     FROM    THE    HIGHWAY     FUND/     $51/045     FROM     THE      FISH     AND     GAME     FUND/ 
$455/125     FROM     FEDERAL     FUMDS     AND     $159,886     FROM     SELF-SUSTAINING     FUNDS. 
THE     GOVERNOR     IS     AUTHORIZED     TO     DRAW    HIS    WARRANTS     FOR     THE     SUMS     HEREBY 
APPROPR I  ATE  0 . 

iv.  amend    1981/    568:2   by   striking   out 

said    section    and    inserting    in    place   thereof    the    following: 

568:2      repeal;    transfer. 

1.      rsa   159   relative    to  the   cancer   commission    is   hereby    repealed. 

ii.      any    funds   which   were    available    to    the    cancer    commission    are 
hereby    transferred    to    the    division   of    public    health    services/    department 
of   health   and   welfare/    to   be    expended   under    the   catastrophic    illness 
program    authorized   by    rsa   157-g. 

v.     amend   1981    568:155    by    striking   out    said    section   and    inserting 
in  place    thereof    the    following: 

568:155      appropriation    restored.      the    commissioner   of    the    department   of 
public   works   and   highways   is   hereby  authorized/   with   the   approval   of 
the   governor    and   council/   to   transfer   from   any   surplus 
in  the    highway    fund    as    of    june    50/    1981/    an    amount    not    to 
exceed   $2/265/275   to   the   appropriations   included    in   laws  of    1979, 
454:1,    04/04/05    for    construction   and    reconstruction    to   eliminate    all   or 
a   portion  of    the    reductions   in   these   appropriations   for    the   1980   and 
1981    fiscal    years  resulting   from   action   by   the   advisory   budget   committee 


HOUSE  JOURNAL  16FEB82  391 


HH  :'9ss  PAOE        ri5         c?/o<>/8? 

IN     «AI"jTA[NINC     A     HALAfJCFO     BUDGET      FOR      IHf      HIGHWAY      FUNO      FQR      THE      1980-81 
B  I  E  "J  N  I  U  ■^  . 

VI.  DATE     OF      SEPORT      CHA:jGEO.         AMEND     1981/      5ft8:U1r      I      8Y     STRIKING     OUT     SAIC 
PARAGRAPH     AND     INSERTING     IN     PL»CE     THEREOF      THE      FOLLOWING: 

1.  THE  SIATE  BOAHD  OF  EDUCATION  SHALL  CONDUCT  A  STUDY  AND  MAKE  RECOMMENDA- 
TIONS FOR  IMPROVEMENTS  WITHIN  THE  DEPARTMENT  OF  EDUCATION.  IHE  STATE  QOARD 
MAY     HIRE      A     CONSULTING      FIRM     TO      CONDUCT      THE      STUDY.  THE      STUDY      SHALL      INCLUDE 

Dur    IS    rjor    limited    to: 

(A)  EXISTING  FISCAL  CONTROLS  WITHIN  THE   DEPARTMENT." 

(B)  CERTIFICATION  RESPONSIBILITIES  WITHIN  THE  DEPARTMENT; 

(C)  DATA  COLLECTION/  MANAGEMENT  AND  UTILIZATION; 

(0)    bfAFFING  PATTERNS  AND  PERSONNEL  UTILIZATION;  ^U0 

(E)    COMMUNICATION  PATTERNS  AND  INFORMATION  FLOW  BUTH  WITHIN  THE 
OEPARTMEfif   AND  WITH  OTHERS  WHO  COME   INTO  REGULAR   CONTACT  WITH   THE  DEPART- 
MENT. 

THE  STATE  BOARD  OF  EDUCATION  SHALL  REPORT   THE   RESULTS  OF   ITS  STUDY   TO  THE 
GENERAL  COURT  NOT  LATER  THAN  JULIT  1,  198?. 

VII.  4MEN0   1981   S68:a2  BY  STRIKING  OUT  SAID  SECTION  AND  INSERTING 
IN  PLACE   THEREOF   THE   FOLLOWING: 

INCREASED  ASSISTANT  A T T 0 R N£ Y S - G E N £ R A L .    AMEND  RSA  7:16  (SUPP)   AS 

AMENDED  5Y  STRIKING  OUT   IN  LINE  i     THE  NUMERAL  "27"  AND 

INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING  (30)  SO  THAT  SAID   SECTION  AS 
AMENDED  SHALL  READ  AS  FOLLOWS: 

7;16    ASSISTANT  A T T 0 RN E Y S -G E N E R A L .    THE  ATTORNEY  GENERAL/  SUBJECT  TO  THE 
APPROVAL  Cf   THE  GOVERNOR  AND  COUNCIL/  MAY  APPOINT   30  ASSISTANT  ATTORNETS- 
GENERAL/  EACH  OF  WHOM  SHALL  HOLD  OFFICE  FOR  A  TERM  OF  5  YEARS.    ANY 
VACANCY   IN  SUCH  OFFICE  MAY  BE   FILLED  FOR  THE  UNEXPIRED  TERM.    AN  ASSISTANT 
ATTORNEY  GENERAL  MAY  BE  REMOVED  ONLY  AS  PROVIDED  IN  RSA  A:1. 

VIII.  AMFND  1981/  S68:62  -3  y  STRIKING  OUT  SAID  SECTION  AND   INSERTING  IN  PLACE 
THEREOF   THE   FOLLOWING: 

568:6?    APPROPRIATION.    THE  FUNDS  APPROPRIATED  10  EACH  AGENCY  BY  SECTION 
1  OF  THIS  ACT  SHALL  BE  DEEMED  TO  BE  SUFFICIENT  TO  ENABLE  EACH  AGENCY  TO 


392  HOUSE  JOURNAL  16FEB82 


H-3  ^P^'.       PAGE     514      C?/09/8? 

MEET   THE   PRIORITIES  P-^O  VIDEO  FOR  THEREIN.    IN  ADDITION,  SUCH  FUNDS  SHALL  3£ 
DEEDED  SUFFICIENT  FOR  EACH  AGENCY  TO  COMPLY  WITH  r*  A  N  0  A  T  E  D  PROGRAMS  PROVIDED 
THAT  TO  The  extent  ThAT  SUCH  FUNDS  RESTRICT  SUCH  AGENCIES  FROM  PROMPTLY 
FULFILLING  ALL  MANDATED  PROGRAMS,  SUCH  MANDATE  SHALL  QE  SUSPENDED  TO  THE 
EXTENT  0'     SUCH  RESTRICTIONS.    NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  LA.J, 

EAC--    "GF-jcy    Shall   provide   quarterly    reports   no  later    than    the    fifteenth   dat 

OF  TH£  month  following  THE  END  OF  THE  QUARTER  TO  THE  COMPTROLLER  AND  TO  THE 
FISCAL  COMMITTEE  STATING  IN  DETAIL  ITS  PROGRAM  TO  FULFILL  THE  PRIORITIES 
LISTED  IN  This  ACT  TOGETHER  WITH  A  REPORT  OF   ITS  ABILITY  TO  FULFILL  OTHER 
MANDATFD  PROGRAMS. 

IX,  AMEND  1981,   568:26, IV  9y   STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN 

PLACE  Thereof  the  following: 

IV.   preparation  of  a  plan,  setting  OUT  options  with  attcnoant  costs 

AND  time   FPAMES,  fOR  ANY  CHANGES  3Y  THE  DIVISION  OF  MENTAL  HEALTH  AND 
DEVELOPMENTAL  SERVICES,  DEPARTMENT  Of  HEALTH  AND  WELFARE,  DEEMED  ADVISABLE 
A5  A  RESULT  OF  THE  CONCLUSIONS  REACHED  RELATIVE  TO  PARAGRAPHS   I,   II  AND 
III.    The  SUM  OF  $50,000  IS  HEREBY  APPROPRIATED  TO   THE   FISCAL  COMMITTEE  'OR 
THE  PURPOSE  OF  CONDUCTING  THE  STUDY.    THE  GOVERNOR  IS  AUThOSIZED  TO  DRAW 
HIS  WARRANT  FOR  SAID  SUM  OUT  OF  ANY  MONEY   IN   THE   TREASURY  NOT  OTHERWISE 
APPRPRIATED.    THE  FISCAL  COMMITTtE  SHALL  REPORT  TO  THE  GENERAL  COURT  NO  LATER 
T  HAN  OC  T  OBE  R  1 ,   1982  . 

X.  AMEND  19?1,   568:1J  BY  STRIKING  OUT  SAID  SECTION  AND   INSERTING  IN 
PLACr   THEREOF  THE  FOLLOWING: 

568:15    EMERGENCY  APPROPRIATION  FOR  MOTOR  VEHICLE   REPLACEMENT. 

1.    IT   IS  HEREBY  DECLARED  TO  BE  THE  INTENT  OF   THE  GENERAL  COURT  THAT 
THE   APPROPRIATION  MADE   BY  SECTION   1  OF   THIS  ACT  SHALL   BE  SUFFICIENT   TO  MEET 
THE  REQUIREMENTS  OF  EACH  DEPARTMENT,   INSTITUTION,   BOARD,  COMMISSION  OR 
OTHER  AGENCY  FOR  MOTOR  VEHICLES  OF  A  GROSS  VEHICLE  WEIGHT  OF  3  TONS  OR  LESS 
OR  REPLACEMENTS  THEREOF.   IN  THE  EVENT  HOWEVER,  THAT  ANY  DEPARTMENT, 
INSTITUTION,  BOARD,  COMMISSION  OR  OTHER  AGENCY,  AFTER  CONSULTATION  WITH  'HE 
DIRECTOR  OF  PURCHASE  AND  PROPERTY  AND  THE  FISCAL   COMMITTEE,  FINOS  THAT  COST 
OF  REPAIR  TO  ANY  SUCH  MOTOR  VEHICLE  IS  PROHIBITIVE  AND  THAT  IT  WOULD  CAUSE 
AN  EXTREIE  HARDSHIP  FOR  SAID  DEPARTMENT,   INSTITUTION,  BOARD,  COMMISSION  0^ 
OTHER  AGENCY  TO  OPERATE  WITHOUT  SUCH  MOTOR  VEHICLE,   THE  CHIEF  EXECUTIVE  OF 
SAID  DEPARTMENT,   INSTITUTION,  BOARD,  COMMISSION  OR  OTHER  AGENCY  SHALL 
REQUEST   THE  GOVERNOR  WITH  THE   APPROVAL  OF  THE   COUNCIL  FOR  AUTHORITY  TO 
EXPEND  THE  SUMS  NEEDED  FOR  REPLACEMENT  VEHICLES.    FOR  TH£  PURPOSE  OF  THIS 
SECTION,  EACH  REPLACEMENT  VEHICLE  SHALL  BE  A  SUBCOMPACT   FRONT  WHEEL  DRIVE 
VEHICLE,  UNLESS  THE  FISCAL  COMMITTEE  DETERMINES  UPON  APPLICATION  OF  THE 
DEPARTMENT,   INSTITUTION,  BOARD,  COMMISSION  OR  OTHER  AGENCY   THAT  THERE  IS  A 


HOUSE  JOURNAL  16FEB82  393 


HH  095S      PAGE    315     02/09/82 

CLEAR  «N0  COrJVINCING  NEED  TO  REPLACE  SUCH  A  VEHICLE  WITH  SOME  OTHER  TYPE  Of 
VEHICLE.    THE  PROVISIONS  OF  THIS  SECTION  REJUIRING  EACH  REPLACEMENT  VEHICLE 
TO  BE  A   COMPACT  OR  SUOCOHPACT  VEHICLE   SHALL  NOT  APPLY  TO  THE  DEPARTMENT  Of 
SAfETY  LAW  ENFORCEMENT   TRAFFIC  CONTROL  VEHICLES  AND  FISH  AND  GAME  LAW 
ENFORCEMENT  VEH I  CLE  S. 

II.  THERE   IS  HEREBY  APPROPRIATED  FOR  SAID  PURPOSE   FOR  GENERAL  FUND 
AGENCIES  The  sum  Of  $275/000  fOR  EACH  YEAR  Of  THE  UIENNIUM  ENDING  JUNE  30» 
1983.    THE  SUMS  APPROPRIATED  SHALL  NOT  BE   TRANSfERRED  OR  EXPENDED  fOR  ANY 
OTHER  PURPOSE,    THE  GOVERNOR  IS  AUTHORIZED  TO  DRAW  HIS  WARRANTS  FOR  SAID 
SUMS  WHICH  SHALL  BE  A  CHARGE  AGAINST  THE  GENERAL   FUND. 

III.  IN  ADDITION  TO  THE  SUMS  APPROPRIATED  fOR  SAID  PURPOSE  IN 
PARAGRAPH  II,  fOR  THE  fISCAL  YEAR  ENDING  JUNE  30/  1982/  THE  GOVERNOR  IS 
AUTHORIZED  TO  DRAW  HIS  WARRANTS  FOR  ANY  AUTHORIZED  REPLACEMENT  REQUESTED  BY 
A  FISH  AND  GAME/  HIGHWAY/  OR  SPECIAL  FUND  AGENCY/  WHICH  SHALL  BE  A  CHARGE 
AGAINST   THE   APPROPRIATE  fUND. 

IV.  THERE  IS  HEREBY  APPROPRIATED  FOR  SAID  PURPOSE  FOR  THE  fISCAL 

YEAR  ENDING  JUNE  30/  1983/  TO  THE  DEPARTMENT  Of  SAfETY/  4525/000;  TO  THE 

DEPARTMENT  Of  PUBLIC  WORKS  AND  HIGHWAYS/  J27S,000;  AND  TO  THE   fISH  AND 

GAME  DEPARTMENT/  $110/000,    THE  GOVERNOR   IS  AUTHORIZED  TO  DRAW  HIS  WARRANTS 

FOR  AUTHORIZED  REPLACEMENT  VEHICLES  WITHIN  THE  LIMITATIONS  Of   THIS  PARAGRAPH 

REQUESTED  BY  A  FISH  AND  GAME  OR  HIGHWAY  FUND  AGENCY/  WHICH  SHALL  BE  A 

CHARGE  AGAINST  THE  APPROPRIATE  FUND.    THE  SUMS  APPROPRIATED  SHALL 

NOT  BE  TRANSFERRED  OR  EXPENDED  FOR  ANY  OTHER  PURPOSE. 

V.  FOR   THE   FISCAL  YEAR  ENDING  JUNE  30/  1983/   THE  GOVERNOR   IS 

AUTHORIZED  TO  DRAW  HIS  WARRANTS  FOR  ANY  AUTHORIZED  REPLACEMENT  REQUESTED  BY 

A  SPECIAL  FUND  A&ENCY/  WHICH  SHALL  BE  A  CHARGE  AGAINST  THE  APPROPRIATE 
FUND. 

XI.   SWEEPSTAKES  TICKETS.   AMEND  1981/  568:105  BY  STRIKING  OUT  SAID 
SECTION  AND   INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING: 

568:105    SWEEPSTAKES  COMMISSION/  AUTHORITY  GRANTED.   NOTWITHSTANDING  ANY 
OTHER  PROVISION  OF  LAW  FOR  THE  BIENNIUM  ENDING  JUNE  30/  1985/  IN  ORDER  TO 
PROVIDE  SUFFICIENT  FUNDING  TO  THE  SWEEPSTAKES  COMMISSION  TO  CARRY  OUT 
SWEEPSTAKES  PROGRAMS  THAT  WILL  PROVIDE  FUNDS   FOR  DISTRIBUTION  IN 
ACCORDANCE  WITH  RSA  284:21-J/   THE  COMMISSION   SHALL  APPLY  TO  THE  FISCAL 
COMMITTEE  OF  THE  GENERAL  COURT  FOR  APPROVAL  Of  ANY  NEW  SWEEPSTAKES  PRO- 
GRAMS OR  fOR  THE  PURCHASE  Of  ANY  TICKETS  fOR  NEW  OR  CONTINUING  GAMES. 
ADDITIONALLY/  NO  EXPENDITURES  FOR  CONSULTANTS  SHALL  BE  CONTRACTED  WITHOUT 
PRIOR  APPROVAL  OF  ANY  SUCH  NEW  PROGRAM/  PURCHASE  Of  TICKETS  OR  CONSULTING 


394  HOUSE  JOURNAL  16FEB82 


HB  09SS       PAGE    516     02/09/8^ 

SERVICES  IS  GIVEN/  TmE  COMMISSION  HAY  THEN  APPLY  10  THE  GOVERNOR  ANO 
COUNCIL  TO  TRANSFER  FUNOS  FROM  THE  SWEEPSTAKES  REVENUE  SPECIAL  ACCOUNT. 
THE  TOTAL  OF  SUCH  TRANSFERS  SHALL  NOT  EXCEED  $1,500/000  fOR  THE 
8IENM1UM  ENDING  JUNE  JO/  1985. 

XII.  Af--,ENO  CHAPTER  568/  LAWS  OF  1981  BY  STtlKING  OUT  SECTION  102 
AND  I\SERT1NG  IN  PLACE  THEREOF  THE  FOLLOWING  NEW  SECTION: 

102.   REDUCTION.   EVERY  DEPARTMENT  OR  AGENCY  TO  WHICH  AN  APPROPRIATION 
IS  MADE  PURSUANT  TO  SECTION  1  OF  THIS  ACT  WHICH  CONTAINS  A  CLASS  LINE  FOR 
PERSONNEL  SERVICES  IS  HEREBY  AUTHORIZED  ANO  DIRECTED  TO  REDUCE  ITS 
EXPENDITURES  FOR  FISCAL  YEARS   1982  AND  1985  BY  AN  AMOUNT  EQUAL  TO  5 
PERCENT  OF  THE  AMOUNT  IN  SAIO  CLASS  LINE  FOR  PERSONNEL  SERVICES  AND  SAID 
AMOUNT  SHALL  LAPSE  EXCLUDING/  HOWEVER/  THE  DEPARTMENTS  AFFECTED  BY 
SECTION  ?68:U5. 

XIII.  FURTHER  *MEND  CHAPTER  568/  LAWS  OF  1981  BY  STRIKING  OUT  SECTION 
161  AND  INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING  NEW  SECTION: 

161.   ADDITIONAL  REDUCTION.    IN  ADDITION  TO  ANY  OTHER  REDUCTION  PRO- 
VIDED FOR  IN  THIS  ACT/  EVERY  DEPARTMENT  CR  AGENCY  TO  WHICH  AN  APPRO- 
PRIATION IS  MADE  PURSUANT  TO  SECTION  1  OF  THIS  ACT  WHICH  CONTAINS 
A  CLASS  LINE  FOR  PERSONNEL  SERVICES  IS  HEREBY  AUTHORIZED  AND  DIRECTED 
TO  REDUCE  ITS  EXPENDITURES  FOR  FISCAL  YEARS  1982  AND  1985  BY  AN 
AMOUNT  EOUAL  TO  7  PERCENT  OF  THE  AMOUNT  IN  SAID  CLASS  LINE   FOR 
PERSONNEL  SERVICES  AND  SAID  AMOUNT  SHALL  LAPSE  EXCLUDING/  HOWEVER/ 
THE  OEPAfiTMENTS  AFFECTED  BY  SECTION  568:145. 

5.   HANDICAPPED  EDUCATION.   OTHER  PROVISIONS  NOTWITHSTANDING/  THE 
BALANCE  OF  $436/287  CARRIED  FORWARD  FROM  FISCAL  YEAR  1980  AND  $1/200/000 
OF  THE  BALANCE  CARRIED  FORWARD  FROM  FISCAL  YEAR  1981  SHALL  LAPSE  ON 
THE  DATE  OF  THE  PASSAGE  OF  THIS  ACT.   THE  PAYMENTS  TO  LOCAL  SCHOOL 
DISTRICTS  FOR  THE  CATASTROPHIC  PROGRAMS  FOR  THE  FISCAL  YEAR  ENDING 
JUNE  50/  1982  SHALL  BE  PAID  SUBSEQUENT  TO  JULY  1,  19S2  FROM  FISCAL 
YEAR  1985  APPROPRIATIONS  UPON  PRESENTATION  OF  REQUIRED  APPROVABLE 
DOCUMENT  ATION. 

4.  SPECIAL  EDUCATION  EXPENSES."  TOWN  OF  STARK.    NOTWITHSTANDING  RSA 
186-C:18  OR  ANY  OTHER  PROVISION  OF  LAW/  IHE  STATE  SHALL  PAY  ALL  COSTS  FOR 
SPECIAL  EDUCATION  FOR  STUDENTS  FROM  THE  TOWN  OF  STARK  WHICH  EXCEED  $9/00C 
PER  STUDENT  FOR  FISCAL  YEAR  1982  ONLY.   STATE  PAYMENTS  SHALL  BE  MADE  FROM 
MONEYS  APPROPRIATED  FOR  CATASTROPHIC  AID  UNDER  RSA  186-C:18  BEFORE  ANY 
OTHER  PAYMENTS  ARE  MADE  FOR  STATE  CATASTROPHIC  AID. 

5.  EOUir-ME'JT    REPLACEMENT     FUND. 


HOUSE  JOURNAL  16FEB82  395 


H8  0955       PAGE    317     Q2/09/i2 

I.  NOTWITHSTANDING  ANY  OTHER  PROVISION  Of   LAW/   ANY   AGENCY, 
EXCEPT  The  division  Of  .'lENTAL  HEALTH  AND  DEVELOPMENTAL  SERVICES  (P*U 
05/03/05)   AND  LACONIA   STATE  SCHOOL  AND   TRAINING  CENTER   (PAU  05/05/06)/ 
PROPOSING  rO  REPLACE  ANY  EXISTING  EQUIPMENT  EXCEPT  MOTOR  VEHICLES  WITH 
NEW  EQUIPMENT  SHALL  SUBMIT  A  REPLACEMENT  REQUEST  TO  A  COMMITTEE 
COMPOSED  Of  THE  COMPTROLLER/  THE  DIRECTOR  Of  PURCHASE  AND  PROPERTY 

AND  A  PEPSON  DESIGNATED  BY  THE  GOVERNOR.    THE   COMMITTEE  MAY  APPROVE 
OR  DISAPPROVE  ANY  SUCH  REQUESTS  PROVIDED  THAT   IT  SHALL  NOTIFY  EACH 
AGENCY  Of  THE  REASON  fOR  ITS  DISAPPROVAL  Of  ANY  APPLICATION.    NO 
Af.ENCf  KH     PURCHASE  EQUIPMENT   IF  THE  COMMITTEE  ESTABLISHED  HEREIN 
DISAPPROVES.    If  SAID  COMMITTEE  FINDS  THAT  FAILURE  Of  THE  AGENCY  TO 
REPLACE   SUCH  EQUIPMENT  WOULD  RESULT  IN  A  SEVERE  HARDSHIP  TO  THE  AGENCY 
AND  THAT  THE  AGENCY  WOULD  BE  UNABLE  TO  PERFORM  ITS  NORMAL  F UN C T I  ON S » 
SAID  COMMITTEE  MAY  AUTHORIZE  SAID  AGENCY  TO  PURCHASE  SUCH  EQUIPMENT, 
If  THE  ACENCY  IS  SO  AUTHORIZED  IT  SHALL  MAKE   SUCH  TRANSfERS  WITHIN  ITS 
BUDGET  AS  MAY  BE  POSSIBLE  fOR  THE  PURCHASE  Of  SUCH  EQUIPMENT.   If  NO 
TRANSfER  Of   fUNDS  IS  AVAILABLE/  THE  CHIEf  EXECUTIVE  Of  SUCH  AGENCY 
SHALL  REQUEST  THE  GOVERNOR  AND  COUNCIL  FOR  APPROVAL  TO  EXPEND  A 
PORTIOf.  jf  THE  APPROPRIATION  IN  PARAGRAPH  II  Of  THIS  SECTION  FOR  THE 
PURCHASE  Of  SUCH  EQUIPMENT. 

II.  THERE   IS  HEREBY  APPROPRIATED  fOR  THE  fISCAL  YEAR  ENDING  JUNE   50/ 
1983  THE  SUM  Of  t200/000  TO  BE  EXPENDED  BY  THE  GOVERNOR  AND  COUNCIL  fOR 
THE  PURCHASE  Of   REPLACEMENT  EQUIPMENT  APPROVED  PURSUANT  TO  PARAGRAPH  I 
Of  THIS  SECTION.   THE  SUM  HEREBY  APPROPRIATED  SHALL  NOT  BE  TRANSFERRED 
OR  EXPENDED  fOR  ANY  OThET  PURPOSE.   THE  GOVERNOR  IS  AUTHORIZED  TO  DRAW 
HIS  WARRANT   fOR  SAID  SUM  WHICH  SHALL  BE  A  CHARGE  AGAINST  THE  GENERAL 
FUND  AND   IN  ADDITION  TO  SUCH  APPROPRIATION  THE  GOVERNOR  IS  AUTHO- 
RIZED TO  DRAW  HIS  WARRANTS  fOR  ANY  AUTHORIZED  REPLACEMENT  REQUEST 

3Y  A   FISH  AND  GAME/   HIGHWAY/  OR  SPECIAL   fUNO   AGENCY/  WHICH   SHALL 
BE  A  CHARGE  AGAINST  THE  APPROPRIATE  fUNO. 

6.   BUSINESS  PROFITS  TAx;   DISTRIBUTION  Of  REVENUE  TO  CITIES 
AND  TOWNS  FOR  FISCAL  YEAR  1985.   NOTWITHSTANDING  ANY  OTHER  PRO- 
VISION OF  LAW  DISTRIBUTION  OF  REVENUES  TO  CITIES  AND  TOWNS  PURSUANT 
TO  THE  PROVISIONS  OF  RSA  51-A  FOR  THE   FISCAL   YEAR  1985  SHALL  BE  AS 
FOLLOWS  : 

ACWORTH  5/4A7.46 

ALBANY  2/925.51 

ALEXANORI A  4/ 385. 51 

ALLENSTOWN  76/724,08 

ALSTEAO  17/075,55 

ALTON  19/152.48 


396 


HOUSE  JOURNAL  16FEB82 


Hi)    09  5$ 


PAGE 


MS 


OJ/09/8? 


AMHERST 

AMOOVE  R 

ANTRIM 

ASmLANO 

AT  K INS  ON 

A  U  l>  J  R  N 

BAR, N  STEAD 

BARRINGTON 

BARTLE  TT 

BATH 

BE  OFORD 

BE  LMONT 

BENNINGTON 

BE  NTON 

BE  RLIN 

BE  THLE  H6N 

eOSCAWEN 

DOW 

8R AOf CRD 

3RENTW000 

BR  lOGE  WAT  ER 

BR  I STOL 

6R00KF  lELO 

BROOKL INE 

CAMPTON 

CANAAN 

CANOI  A 

CANTERBURY 

CARROLL 

CENTER     HARBOR 

CHARLE  STOWN 

CHATHAM 

CHESTER 

CHESTE  Rf I ELO 

CH  ICHE  STER 

CL AREMONT 

CL ARKS VlLLE 

COLEBROOK 

COLUMB  lA 

CONCORD 

CONWAY 

CORNI SH 

CROYDON 

OAL  TON 

DANBUR  Y 


103,049. 77 

18,018. 50 

34/371. 2C 

100/071  .03 

33/969.80 

14/491.34 

19/223.98 

33/624. 73 

14/ 1 98. 7  L 

8/61 5.94 

1 88/490. 1 1 

64,121.63 

96/906. 34 

3/056.27 

1/1 43/200. 16 

25/806.53 

71/637. 70 

1 14/458.23 

19/562.50 

22/817.88 

3/904.26 

98/583.02 

1/849. 1 4 

1  7/260.99 

49,498.25 

53,357.40 

22,873.1 4 

9,548.49 

5/823.  1  3 

1  1/759.93 

84,568.69 

1/161.25 

17/4  36.06 

19/831.09 

1?/214.26 

601  /340.  49 

1/4  76.96 

74,163.86 

11,489.14 

1/371/726.26 

1  35/588.72 

15/766.22 

6/475.82 

17/876.99 

5/636.55 


HOUSE  JOURNAL  16FEB82 


397 


HB    n9S$ 

PAGE          519            03/09/82 

DANVILLE 

n,573.S1 

DE-ERf  I  ELO 

1 ?/688.06 

PEERING 

6, J9t.28 

DE  PRY 

345,767.<.9 

OORCHE  STER 

1/658.72 

DOVER 

719,41  J. 66 

DUBLIN 

in, 47  5. 25 

DUMMEP 

3,727.43 

OUNOAR  TON 

8,051.51 

DURHAM 

120,535.81 

fASr     KINGSTON 

11,962.47 

EASTON 

567.20 

EATON 

2,162.59 

E  f f  INGHAH 

3,526.02 

ELLSWORTH 

1 64.70 

ENf lELD 

65,916.46 

EPPING 

68,234.93 

EPSOM 

24,938.57 

FRROL 

8,425.96 

EXETER 

294,462.62 

FAH1IN&T0N 

76,387.70 

f I T2WILLI*H 

27,639.58 

fRANCESTOUN 

7,832.24 

FRANCONIA 

9,1  13.33 

FRANKL  IN 

434,450.92 

FREEDOM 

3,432.90 

FREMONT 

19,313.04 

GI LFORO 

88,669. 1 2 

GILMAN  TON 

16,5  15.82 

GILSUM 

5,398.25 

GOFf S tOUN 

145,243.75 

GORHAM 

574,288.04 

GOSHEN 

4,421.75 

GRAFTON 

3,852.12 

GRANTHAM 

4,605.85 

GHEENF  lELD 

17,329.04 

GREENLAND 

17,099.06 

GREENVILLE 

81/996.98 

GROTON 

1,418.99 

MAMPST  EAO 

35/315.76 

HAMPTON 

126/027.55 

HAMPTON     FALLS 

14,877.29 

HANCOC  K 

12/858.78 

HANOVE  R 

1 34/964.76 

HARRIS VILLE 

14/036. SS 

398 


HOUSE  JOURNAL  16FEB82 


HB    05SS                 n^of           jpQ             0^/09/82 

H*  (JTS     LOC  AT  I  ON 

38.93 

HA VERH  ILL 

91/229.60 

HE  BRON 

999.40 

HE  NMU  ER 

CO/1  19.09 

HILL 

6 

.283.50 

HILLSeORO 

145 

.  392.27 

H  I  NSOALE 

93 

.036.40 

hCLDERNESS 

15 

f 196.60 

MOLLIS 

52 

.294.07 

HOOKSE  TT 

235 

.073.49 

HOPKINTON 

99/ 

i56.25 

Hudson 

190 

453.84 

JACKSON 

5 

.1 95.98 

J  A  f  FRE  Y 

162 

227. 16 

JF  Ff EPSON 

1  1 

1 38.04 

KE  ENE 

1/520 

697.08 

KENSINGTON 

14 

444.22 

K I NGSTON 

46 

078.90 

LA  CON  I  A 

691 

281. 54 

LANCASTER 

1  1  7 

.280. 53 

LANOAF  F 

2 

928.65 

LANGOON 

4< 

747.  1  5 

LEBANON 

464 

424.97 

LEE 

12 

085.  38 

LEMPST  ER 

4 

594.24 

L I NCOL  N 

222. 

084.31 

L I SBON 

54< 

054.91 

LITCHFIELD 

58, 

077.  12 

LI  TTLE  TON 

165< 

362.80 

LONDONOERRr 

253 

256.59 

LOUDON 

25 

1 66. 24 

LYMAN 

4 

547.  1  7 

LYME 

13i 

049.09 

LYNDEBORO 

8 

252. 34 

MA  DBUR  Y 

17 

1 87. 1 3 

NAOISON 

15- 

841.82 

MANCHESTER 

4/060 

842.52 

^.ARLBOROUGH 

46 

540.08 

MARLOU 

7 

726.22 

KASON 

6 

522.45 

MEREDl TH 

61, 

oni. 1 4 

ME  RRIMACK 

247 

1 30.95 

MI OOLETON 

13 

975.  52 

Ml  LAN 

1  1< 

935.99 

MILFORO 

315 

550.49 

HOUSE  JOURNAL  16FEB82  399 


HB    n9SS  PAGE  521  02/09/82 

MILTON  66/94V.53 

MONROE  8/655.51 

MONT     VERNON  15/744.15 

MOULTONBORO  9/456.77 

NASHUA  2/639/580.24 

NELSON  5/545.70 

NEW    BOSTON  19/262. 47 

NEUOURY  5/814.55 

NEW    CASTLE  5/ 7  50. 1 7 

NEW    DURHAM  9/604.85 

NEWFIELOS  55/091.54 

NEW    HAMPTON  1  1/6  55.88 

NEWINGTON  1  12/ 5  54,57 

NEW     IPSWICH  42/558.65 

NEW    LONDON  25/426.54 

NEWMARKET  157/194.99 

NEWPORT  402/850.92 

NEWTON  59/604.57 

NORTHFIELD  75/651.21 

NORTH     HAMPTON  48/645.52 

NORTHUMBERLAND  485/325.48 

NORTHWOOO  26/966.51 

NOTTINGHAM  15/022.51 

ORANGE  1/776.86 

ORFORO  17/061.90 

OSSIPEE  47/104.60 

PE  LHAM  114/1  98.48 

PEMBROKE  64/576.65 

PETERBOROUGH  457/151.57 

PIERMONT  10/048.69 

PITTSBURG  10/077.95 

PITTSflELO  65/195.28 

PLAINflELO  18/649.69 

PLAISTOW  150/473.76 

PLYMOUTH  119/310.20 

PORTSMOUTH  698/567.68 

RANDOLPH  1/435.00 

RAYMOND  70/312.55 

RICHMOND  5/051.54 

RINDGE  24/545.17 

ROCHESTER  480/704.90 

ROLLINSfORO  62/787.08 

ROXBUR  Y  1/744.78 

RUMNEY  13/575.39 

RYE  28/566.78 


400 


HOUSE  JOURNAL  16FEB82 


H  8    .T  9  S 

S               PAGE          52?            02/09/82 

SALEM 

'.81/  1  43.  73 

SALISBURY 

7,202.04 

SANBORNTON 

16,t93.67 

SANDOUN 

16/432.99 

SANOUI CH 

6/892.94 

SE A9R00K 

92/737.06 

SHARON 

1/ 379. 1 7 

SHELBURNE 

3/607.29 

SOMERSUCRTM 

504/826.58 

SOUTH     HAMPTON 

44/852.87 

SPRINGFIELD 

3/1  36.10 

STARK 

4/746.39 

STEWARTSTOuIN 

21/948.80 

STOOOARt) 

1/906.59 

STRAf F  ORO 

9/1 79.82 

SI RATFORO 

1  38/488.01 

stratham 

27/961.48 

SUGAR     HILL 

4/758.63 

SULLIVAN 

7/502.39 

SUNAPEE 

23/086.02 

SURRY 

6/274.30 

SUTTON 

9/905.81 

SUAN2E Y 

1  18,471.70 

TAKUORTH 

16/978.83 

TEMPLE 

8,499.51 

THORNTON 

6/854.91 

T ILTON 

1  10/005.56 

IHOY 

169,367.47 

TUFTONBORO 

7,661  .87 

UNI  TY 

8,217.97 

UAKEFI ELD 

13,738.19 

WALPOLE 

87,806.71 

WARNER 

41,146.06 

WARREN 

5,864.49 

WASHINGTON 

2,845.58 

WATERVILLE     VALLEY 

1,1 79.89 

WEARE 

27,049.37 

WERSTER 

6,862.17 

WENTWOKTH 

7,584.47 

WESTMORELAND 

15,588.40 

WHITEf  lELO 

39/986.34 

WILMOT 

5,554.58 

WILTON 

90,076.60 

WINCHESTER 

98,079.89 

WINDHAM 

55,329.42 

HOUSE  JOURNAL  16FEB82  401 


M3    0955               PAGE          325  02/09/8? 

WINDSOR  390.40 

WCLfEBORO  40/873.42 

WOODSTOCK  17,773.74 

UNINCORPORATED  PLACES    -COOS                      205.47 


TOTAL  27,227,502.00 

7 .    PE  RSONNE  L  RE  OUC  T ION. 

I.    THE   APPROPRIATIONS   IN  SECTION  1  Of  THIS  ACT  REFLECT,    REDUCTIONS  MADE  BY 
1982,  568:102  AND  161,  EXCEPT  FOR  THE  LACONIA  STATE  SCHOOL  AND  TRAINING  CENTER, 
APPROPRIATIONS  MADE  FOR  STATE  EMPLOYEE  PAY  RAISES,  AND  IN  ADDITION,  FOR  FISCAL 
YEAR  1981,  A  REDUCTION  FOR  EVERY  DEPARTMENT  OR  AGENCY  WHICH  CONTAINS  A  CLASS 
LINE  FOR  PERSONNEL  SERVICES  FUNDED  IN  WHOLE  OR  IN  PART  FROM  THE  GENERAL  FUND, 
EXCEPT  FOR  THE  V OC A T I  0 N AL -T E C HN 1 C AL  COLLEGES,  THE  NEW  HAMPSHIRE  TECHNICAL 
INSTITUTE,  THE  DIVISION  OF  MENTAL  HEALTH  AND  DEVELOPMENTAL   SERVICES,  AND  THE 
LACONIA  STATE  SCHOOL  AND  TRAINING  CENTER,  OF  AN  AMOUNT  E8UAL  TO  5  PERCENT  OF 
SAID  CLASS  LINE  FOR  PERSONNEL  SERVICES,  AND  A  REDUCTION  FOR  EACH  PERSONNEL 
SERVICES  CLASS  LINE  IN  THE  DEPARTMENT  OF  PUBLIC  WORKS  AND  HIGHWAYS  FUNDED  BY 
THE  HIGHWAY  FUND  OF  AN  AMOUNT  EQUAL  TO  5  PERCENT  OF  SAID  CLASS  LINE. 

:i.    ALL  DEPARTMENTS  AND  AGENCIES  AFFECTED  BY  THE  ADDITIONAL  5  PERCENT 
REDUCTION  DESCRIBED  IN  PARAGRAPH  I  SHALL  SUBMIT  A  PLAN  FOR  THE  IMPLEMENTATION 
OF  THE  REDUCTION  TO  THE  GOVERNOR  AND  THE  FISCAL  COMITTEE  OF  THE  GENERAL  COURT 
BY  MARCH  1 ,   1982  . 

I!I.    EXCEPTIONS  MAY  BE  REQUESTED  BY  AN  AGENCY  IN  WRITING  TO  THE  GOVERNOR.   ANY 
EXCEPTIONS  GRANTED  BY  THE  GOVERNOR  SHALL  BE  TRANSMITTED  TO  THE  FISCAL  COMMITTEE 
OF  THE  GENERAL  COURT  FOR  ITS  CONCURRENCE.    IF  THE  COMMITTEE  CONCURS,  THE 
GOVERNOR  IS  AUTHORIZED  TO  DRAW  HIS  WARRANTS  OUT  OF  ANY  MONEY  IN  THE  TREASURY 
NOT  OTHERWISE  APPROPRIATED. 


9.   PREVENTIVE  HEALTH  AND  HEALTH  SERVICES  BLOCK  GRANT.   AMEND  1981  S,1:5,I  BY 
STRIKING  OUT  SAID  PARAGRAPH  AND  INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING: 

I.   FOR  T.lE  PREVENTIVE  HEALTH  AND  HEALTH  SERVICES  BLOCK  GRANT,  EXPENDITURES  AS 
DETAILED  BELOW  ARE  AUTHORIZED  BETWEEN  JANUARY  1,  1982,  AND  SEPTEMBER  30»  1982: 

( A )   INDIREC  T  COST  s  121 ,560 

(S)    TRANSFER  TO  MATERNAL  AND  CHILD 


402  HOUSE  JOURNAL  16FEB82 

KB    :5S5  PAGE  i2t,  02/09/8? 

HE»LTH     9L0C<    GR*MT  8j,092 

(C)        EMERGENCY     MEDICAL     SERVICES  230/941 

(O)HYPFRIENSIOM  65/<.54 

(E)  TO     ESTABLISH     AND    SUPPORT     THE     POSITIONS 

Of      1     SANITARIAN     I     AND     1      RADIATION     SPECIALIST     I     4?, 229 

(F)  TO  CONTINUE  AND  SUPPORT  THE  EXISTING 
POSITIONS  OF  1  HEALTH  PROGRAM  REPRE- 
SETATIVE    AND     1     CLERK     TYPIST     11     WITHIN    THE 

RISK    REDUCTION    PROGRAM  11/408 

(6>        RAPE    CRISIS  47,547 

<H)         ESTABLISH     A     HEALTH     PROMOTION     CAJJE     UNIT  147,711 

(I)        TO     ESTABLISH     AND    SUPPORT     THE     POSITION    OF     1 

EPIDEMIOLOGIST  45,000 

(J)        DEMONSTRATION/INCENTIVE     GRANTS*  417,682 

•DEMONSTRATION/INCENTIVE     GRANTS     SHALL    BE     MADE     IN     THE     AREAS     OF     ADOLE- 
SCENT    PARENTS'     PARENTING     SKILLS/"     ALCOHOL     AND     DRUG    ABUSE     SCHOOL     HEAlTm 
education;     OCCUPATIONAL     health;     elderly     self-care.        FUNDS 
APPROPRIATED     FOR    DE MONS T R AT  I  ON/ I  NC E NT  1 V  £     GRANTS     SHALL     NOT     LAPSE 
UNTIL    SEPTEMBER    50,     1983. 

9.  NON-LAPSING     PROVISION.       FUNDS     APPROPRIATED    TO     THE     DIVISION    OF     MENTAL 
HEALTH     AND     DEVELOPMENTAL     SERVICES     (05,03,05)     AND     TO     THE     LACONIA     STATE 
SCHOOL     BY    SECTION    1     OF     THIS    ACT     SHALL     NOT     LAPSE    UNTIL     JUNE     30,     1983. 

10.  repeal;     reinstatement    of     transfer    RESTRICTIONS.       1981,    5  68:81 
RELATIVE     TO     THE     SUSPENSION    OF     LIMITATIONS    ON     TRANSFERS     IS     HEREBY 
REPEALED. 

11.  HIRING     freeze;     SALARY     AND     BENEfIT     ADJUSTMENT. 

I.        ALL     PERMANENT    OR    FULL-TIME     TEMPORARY     POSITIONS     FUNDED 
IN    WHOLE     OR     IN    PART     BY     THE    GENERAL     fUNO    WHICH     ARE     VACANT    ON     THE 
DATE     OF     PASSAGE     OF     THIS     ACT,     OR    WHICH    BECOME     VACANT     ON    Af.Y     SUBSEQUENT     DATE, 
EXCEPT     ANY     SUCH     POSITIONS     IN     THE     DIVISION     OF     MENTAL    HEALTH     AND    DEVELOP- 
MENTAL    SERVICES     AND     THE     LACONIA     STATE     SCHOOL     AND     TRAINING     CENTER, 
SHALL     REMAIN    VACANT.        INDIVIDUAL     EXCEPTIONS     TO    THIS     PROVISION 


HOUSE  JOURNAL  16FEB82  403 


H9  0955      PAGE    325     02/09/8? 

MAT  3E  RCOUESTEO  BY  AN  AGENCY  OR  DEPARTMENT  IN  WRITING  TO  THE  GOVERNOR. 
ANY  EXCEPTIONS  GRANTED  BY  THE  GOVERNOR  SHALL  ALSO  REQUIRE  THE  APPROVAL 
Of  THE  FISCAL  COHMITTEE  OF  THE  GENERAL  COURT. 

11.  NOTWITHSTANDING  THE  PHOVISONS  OF  RSA  99:4,  FOR  THE  1982  AND 
198J  FISCAL  YEARS/  ALL  APPROPRIATIONS  FOR  PERMANENT  AND  FULL-TIME 
TEMPORARY  EMPLOYEES  WHICH  ARE  NOT  EXPENDED  SHALL  BE  TRANSFERRED  QUARTERLY 
TO  THE  SALARY  ADJUSTMENT  FUND.   NO  TRANSFER  SHALL  BE  HADE  FROM  THE  SALARY 
ADJUSTMENT  FUND  TO  ANT  DEPARTMENT  OR  INSTITUTION  BT  THE  GOVERNOR  AND 
COUNCIL  WITHOUT  THE  PRIOR  APPROVAL  OF  THE  FISCAL  COMMITTEE  OF  THE  GENERAL 
COURT.    IN  NO  CASE  MAY  THE  FISCAL  COMMITTEE  OF  THE  GENERAL  COURT  AND  y  Hi. 
GOVERNOR  AND  COUNCIL  AUTHORIZE  A  TRANSfER  THAT  WILL  EXCEED  THE  AMOUNT 
APPROPRIATED  TO  THE  DEPARTMENT  OR  INSTITUTION  F0«  PERSONAL  SERVICES  AND 
FULL-TIME  TEMPORARY  PERSONAL  SERVICES  BT  THE  OPERATING  BUDGET  BILL  AS 
AMENDED  (CHAPTER  568  AS  AMENDED). 

III.   NOTWITHSTANDING  THE  PROVISIONS  OF  RSA  9:17-C*  FOR  THE  1982  AND 
1983  FISCAL  YEARS/  ALL  APPROPRIATIONS  FOR  BENEFITS  WHICH  ARE  NOT  EXPENDED 
SHALL  BE  TRANSFERRED  OUARTERLT  TO  THE  BENEFIT  ADJUSTMENT  FUND.   NO  TRANSFER 
SHALL  8E  MADE  FROM  THE  BENEFIT  ADJUSTMENT  FUND  TO  ANT  DEPARTMENT  Oft 
INSTITUTION  BY  THE  GOVERNOR  AND  COUNCIL  WITHOUT  THE  PRIOR  APPROVAL  OF  THE 
FISCAL  COMMITTEE  OF  THE  GENERAL  COURT.    IN  NO  CASE  MAY  THE  FISCAL 
COMMITTEE  OF  THE  GENERAL  COURT  AND  GOVERNOR  AND  COUNCIL  AUTHORWE  A  TRANSFER 
THAT  WILL  EXCEED  THE  AMOUNT  APPROPRIATED  TO  THE  DEPARTMENT  OR  INSTI- 
TUTION FOR  BENEFITS  BY  THE  OPERATING  BUDGET  AS  AMENDED  (CHAPTER  S68  AS 
AMENDED)  . 

12.  HIGHWAY  FUND:   ADDITIONAL  DISTRIBUTION  TO  CITIES  AND  TOWNS. 

THE  SUM  OF  $7,500/000/  COLLECTED  PURSUANT  TO  THE  PROVISIONS  OF  RSA  26D:32/ 
RS*  ?60:!I<.-A  AND  RSA  260:52/1 /I  l/IV  AND  IV-A,  IS  HEREBY  APPROPRIATED  FOR  THE 
PURPOSES  DESCRIBED  IN  THIS  SECTION.   THE  TREASURER  SHALL  DISTRIBUTE  SUCH  FUNDS 
TO  THE  CITIES  AND  TOWNS  THROUGHOUT  THE  STATE  ON  OR  BEFORE  DECEMBER 
31/  1982.   SAID  FUNDS  SHALL  BE  DISTRIBUTED  TO  THE  CITIES  AND  TOWNS 
ACCORDING  TO  AN  EQUALIZED  FORMULA  CALCULATED  BY  TAKING  FOR  EACH  CITY 
AND  TOWN  THE  AMOUNT  OF  LOCAL  PROPERTY  TAXES  ASSESSED/  INCLUDING  CURRENT 
DISTRIBUTIONS  OF  STATE  REVENUES  TO  LOCAL  GOVERNMENT/  EXCLUSIVE  OF  EDU- 
CATIONAL funds:  dividing  that  sum  UT  the  local  equalized  VALUATION  AS 
DETERMINED  BY  THE  COMMISSIONfR  OF  REVENUE  ADMINISTRATION  AND  MULTIPLYING 
THE  RESULTS  BY  THE  LOCAL  POPULATION  TO  PRODUCE  AN  EQUALIZING  FACTOR  FOR 
EACH  CITY  AND  TOWN.   SUCH  EQUALIZING  FACTORS  SHALL  BE  ADDED  TOGETHER  TO 
PRODUCE  A  TOTAL  STATE  SUM.   EACH  LOCAL  EQUALIZING  FACTOR  SHALL  BE  DI- 
VIDED BY  THE  TOTAL  STATE  SUM  TO  PRODUCE  FOR  EACH  CUT  AND  TOWN  A  NORMAL- 
IZED FACTOR.   EACH  SUCH  NORMALIZED  FACTOR  SHALL  BE  MULTIPLIED  BY  THE 
TOTAL  AMOUNT  OF  REVENUE  TO  BE  SHARED  RT  THE  CITIES  AND  TOWNS  TO  PRODUCE 
THE  ANNUAL  SHARE  OF  EACH  CITT  Oft  TOWN.   TNE  FUNDS  SO  DISTRIBUTED  SHALL 


404  HOUSE  JOURNAL  16FEB82 


H9    O'-^S  PAGE  J?6  02/09/8? 

BE    EXPENPEO     BY     THE     CMr     OR    TOWN     FOR    HIGHWAY    PURPOSES    Only;     PROVIOEO 
HOWEVER/     THAT     THE    CITY     Of!     TOWN    MAY     EXPEND     SAID     FUNDS     FOR    HIGHWAY     PUR- 
POSES   HERETOFORE     SUPPORTED    BY     LOCAL    FUNDS. 

13.        FEDERAL     REIMBURSEMENT     REVIEW.        THE    GOVERNOR     AND     COUNCIL     ARE 
HEREBY     AUTHORIZED    TO    ENTER     INTO    A     CONTRACT    WITH     TOUChE     ROSS    AND     COMPANY 
TO    CONDUCT     A     STATEWIDE     REVIEW     OF     FEDERAL     REIMBURSEMENTS     AND     INDIRECT 
COSTS     IN     ORDER    TO    MAXIMIZE     CLAIMS     FOR     ALLOWABLE     FEDERAL     SUPPORT.        THE 
CONTRACTUAL     AGREEMENT     SHALL     ALLOW     THE     GOVERNOR    AND     COUNCIL     TO     ESTABLISH 
A     FEE     SCHEDULE     FOR     TOUCHE     ROSS     AND    COMPANY    BASED     ON     THE     AMOUNT    OF     IN- 
CREASED    FEDERAL     REIMBURSEMENTS     THE     COMPANY    OBTAINS     FOR     THE     STATE. 

1<..        ANNUAL     FEE     FOR     ISSUER    OF     OPEN-END    MUTUAL     FUNDS.        AMEND     RSA     <.21-0:31     3Y 
INSERTING    AFTER     PA<)AGRAPH     II     THE     FOLLOWING    NEW    PARAGRAPH: 

III.        THE    ANNUAL     FEE     FOR     AN     ISSUER    Of     OPEN-END    MUTUAL     FUNDS/     TO    BE     PAID    TO     THE 
COMMISSIONER     ON     OR     BEFORE    MAY     1     OF     EACH    YEAR/     SHALL     BE     $1/000. 

15.  EXAMINATION     AND     EXEMPTION     FEES.         AMEND     RSA     421-8:51/1      BY      INSERTING 
AFTER     SUBPARAGRAPH     (0)      THE     FOLLOWING    NEW     SUBPARAGRAPHS: 

(e)  examination  fee  for  open-end  mutual  funds      j1/000 

(f)  filing  fee  for  rsa  42 1 -b  :  1 7/ 1  i (h )  exemption     s300 

16.  sale  of  certain  state  property.   the  comptroller/  subject  to  the 
approval  of  the  office  space  study  committee/  shall  offer  the  following 
state  properties  for  sale.  the  department  of  public  works  and  highways  is 
hereby  directed  to  provide  such  technical  assistance  as  may  be  required, 
all  offers  for  sale  shall  be  reviewed  by  the  office  space  study  committee 
and  said  committee  shall/  notwithstanding  any  other  provision  of  law/  ma«;e 
the  final  decision  on  the  sale  oh  use  of  such  properties.   no  contracts  for 
the  sale  of  such  property  shall  be  subject  to  the  review  or  approval  of  the 
governor  and  council  if  they  are  approved  by  said  committee. 

(a)   the  white  farm  property  located  at  144  clinton  street  in 
concord; 

(B)  LAND  AND  BUILDINGS  LOCATED  AT  14R  CLINTON  STREET  IN  CORCORD; 

(C)  LAND  AND  BUILDINGS  LOCATED  AT  152  CLINTON  STREET  IN  CONCORD; 

(D)  LAND  AND  BUILDINGS  LOCATED  ON  IRON  WORKS  ROAD  IN  CONCORD; 


HOUSE  JOURNAL  16FEB82  405 


HB  0955      PAGE    127  02/09/82 

<E)    THE  KONTRAS  HOUSE  LOCATED  AT  104  PLEASANT  STREET  I  r4  CONCORD, 
PROVIDED  THAT  ALL  UTUITY  CONNECTIONS  TO  NEW  HAMPSIRE  HOSPITAL  ARE 
SEVERED  AND  THE  HOUSE  IS  OFFERED  FOR  SALE  WITH  UTILITY  CONNECTIONS  MADE  TO 

PUBLIC  utilities; 

(F)  THE  MARSHALL  HOUSE  LOCATED  ON  N.  MAIN  STREET  IN  LACONIA; 

(G)  LAND  LOCATED  AT  OHOWN  AND  CHESTER  ROADS  IN  CANOIA,"  AND 
<H)    PLEASANT  VIEW  HOME  IN  CONCORD. 

W.   VANITY  PLATE  FEE  INCREASED.   AMEND  RSA  2  6 1  :  U  1  ,  VIKO)  AS  IN- 
SERTED BY  1981,  U6:1  BY  STRIKING  OUT  SAID  SUBPARAGRAPH  AND  INSERTING 
IN  PLACE  THEREOF  THE  FOLLOWING: 

(0)   FOR  VANITY  PLATE  SERVICE  FEE  S10.00 

13.  VANITY  PLATE  FEE.   AMEND  RSA  261:89  AS  INSERTED  BY  1981/  U6:1  BY 
STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN  PLACE  ThEROF  THE  FOLLOWING' 
261:89   VANITY  NUMBER  PLATES.    THE  DIRECTOR  IS  HEREBY  AUTHORIZED  TO 
DESIGN  AND  TO  ISSUE,  UNDER  SUCH  RULES  AS  HE  SHALL  DEEM  APPROPRIATE/ 
VANITY  NUMBER  PLATES  TO  BE  USED  ON  MOTOR  VEHICLES  IN  LIEU  OF  OTHER 
NUMBER  PLATES.   SUCH  NUMBER  PLATES  SHALL  BE  OF  SUCH  DESIGN  AND  SHALL 
SEAR  SUCH  LETTERS  OR  LETTERS  AND  NUMBERS  AS  THE  DIRECTOR  SHALL  PRE- 
SCRIBE/ BUT  THERE  SHALL  BE  NO  DUPLICATION  OF   IDENTIFICATION    SUCH 
NUMBER  PLATES  OR  A  CHANGEABLE  DESIGNATION  OF  THE  EFFECTIVE  PERIOD 
THEREOF,  AS  THE  DIRECTOR  SHALL  DETERMINE/  SHALL  BE  ISSUED  ONLY  UPON 
APPLICATION  THEREFOR/  AND  UPON  PAYMENT  OF  A  SPECIAL  FEE  OF  $10,  SAID 
SPECIAL  FEE  TO  BE  IN  ADDITION  TO  THE  REGULAR  MOTOR  VEHICLE  REGIS- 
TRATION FEE  AND  ANY  OTHER  NUMBER  PLATE  MANUFACTURING  FEE  OTHERWISE 
REQUIRED  BY  LAW  FOR  THE  PARTICULAR  VEHICLE.    ALL  SPECIAL  FEES  COLLECTED 
UNDER  THIS  SECTION  SHALL  BE  PAID  TO  THE  STATE  TREASURER  AND 
DISTRIBUTED  AS  PROVIDED  BY  RSA  263:52. 

19,   DRIVER  TRAINING  FUND.   AMEND  RSA  263:52  AS  INSERTED  BY  1981/  U6'1 
BY  STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING: 

263:52   DRIVER  TRAINING  FUND. 

I.   THE  PROCEEDS  FR01  ORIGINAL  LICENSE  FEES  AS  PROVIDED  IN  RSA 
263:52/1,  NUMBER  PLATES  FOR  CITIZENS'  BAND  OPERATORS  IN  ACCORDANCE  WITH  KSA 
261:79,  AND  S5  FROM  EVERY  SPECIAL  FEE  FOR  VANITY  NUMBER  PLATES  COLLECTED  IN 
ACCORDANCE  WITH  RSA  261:89,  PLUS  SUCH  ADDITIONAL  PORTION  OF  THE  $10  SPECIAL 
FEE  FOR  VANITY  NUMBER  PLATES  OR  THE  RENEWAL  OF  THE  USE  OF  SUCH  PLATES  AS  IS 


406  HOUSE  JOURNAL  16FEB82 


HT  095S       PAGE     J28     0?/09/8? 

NEEDED  TO  FULLY   fUND  THE  DRIVER  TRAINING  PROGRAM  FOR  EACH  FISCAL  YEAR  AS 
DETERMIN<^0  BY  THE  GENERAL  COURT  PURSUANT  TO  PARAGRAPH  II,  AFTER  COSTS 

OF   SUCH    Plates  or  designation^   of    effective   periods    thereof    and   issuance   of 

SAME  HAVE  BEEN  APPROPRIATED  AND  DEDUCTED/  SHALL  BE  EXPENDED  SOLELY  FOR 
COURSES  OF  INSTRUCTION  AND  TRAINING  IN  SAFE  MOTOR  VEHICLE  DRIVING  CONDUCTED 
IN  OR  .JNDfR  THE  SUPERVISION  OF  SECONDARY  SCHOOLS.    NO  PORTION  OF  SUCH  FUNDS 
SHALL  LAPSE  NOR  BE  USED  FOR  ANY  OTHER  PURPOSE  NOR  BE  TRANSFERRED  TO  ANY 
OTHER  APPROPRIATION.    AFTER  ALL  COSTS  OF  A  D?1  I  N  I  S  T  R  A  T  I  ON  OF   THE  PROGRAM 
EACH  YEAR  OF   THE  BIENNIUM  HAVE  BEEN  RESERVED/   THE  BALANCE  WHICH  IS  APPROPf?!- 
ATEO  TO  THE  DRIVER  TRAINING  PROGRAM  SHALL  BE  PAID  TO  THE  STATE  TREASURER  ir 
JUNE   50  Of  EACH  YEAR.    SUCH  BALANCE  SHALL  BE  KEPT   IN  A  SEPARATE   FUND  WHICH 
SHALL  BE  PAID  OUT  ON  OR  BEFORE  SEPTEMBER  15  Of  EACH  YEAR  TO  PARTICIPATING 
SCHOOLS  PRORATED  ON  A  PER-PUPIL  BASIS  FOR  THOSE  WHO  HAVE  COMPLETED  THE 
DRIVE-?  EDUCATION  PROGRAM.   SUBJECT  TO  FINAL  APPROVAL  BY  THE  GOVERNOR  AND 
COUNCIL/  THE  COMMISSIONER  OF  SAFETY  JOINTLY  WITH  THE  COMMISSIONER  OF  EDU- 
CATION SHALL  ADOPT  PURSUANT  TO  RSA  541-A  AND  PUBLISH  RULES  GOVERNING  THE 
COURSES  OF  INSTRUCTION  AND  TRAINING  AND  DETERMINING  ELIGIBILITY  OF 
SECONDARY  SCHOOLS  TO  RECEIVE  MONIES  FROM  THE  FUND  ESTABLISHED  BY  THIS 
SECT  I  ON. 

II.   THE  DISPOSITION  Of  THE  110  SPECIAL  FEE  FOR  VANITY  NUMBER  PLATES 
SMALL  BE  AS  FOLLOWS:    FIVE  DOLLARS  SHALL  AUTOMATICALLY  BE  CREDITED  TO  THE 
DRIVER  TRAINING  FUND.   THE  REMAINING  PART  OF  THE  FEE  SHALL  BE  DEPOSITED  IN 
AND  SHALL  ACCUMULATE  IN  THE  INITIAL  PLATE  FUND  UNTIL  ALL  FEES   IN  SUCH 
FUND  tUUAL  THE  AMOUNT  OF  10NE Y  ESTIMATED  BY  THE  GENERAL  COURT  AS  AVAILABLE 
FOR  EXPENDITURE  FOR  THE  DRIVER  TRAINING  PROGRAM  FROM  THAT  FUND  FOR  THAT 
FISCAL  YEAR.    ONCE  THE  LEGISLATIVE  ESTIMATES  HAVE  BEEN  MATCHED  FOR  THE 
CURRENT   FISCAL  YEAR,  THE  BALANCE  OF  ALL  SUCH   FEES  SHALL  BE   TRANSFERRED 
TO  THE  GE'JERAL  FUND  AND  SHALL  BE  AVAILABLE  AS  UNRESTRICTED  REVENUE. 

20   DIVISION  OF  WELFARE  RULES.    THE  PROVISIONS  OF  RSA  541-A:2/IV/ 
S41-A:4,III/  AND  541-A:5/I/  RELATIVE  TO  ADMINISTRATIVE  PROCEDURES/  ARE 
SUSPENDED  FOR  THE  DIVISION  OF  WELFARE  UNTIL  JUNE  30/  1985. 

21.    SALE  OF  SKY  HAVEN  AIRPORT.    THE  COMPTROLLER/   SUBJECT  TO  THE 
APPROVAL  OF  THE  OFFICE  SPACE  STUDY  COMMITTEE/  SHALL  OFFER  THE  SKY  HAVEN 
AIRPORT   IN  ROCHESTER  FOR  SALE  TO  THE  HIGHEST  BIDDER.   THE  DEPARTMENT  OF 
PUBLIC  WORKS  AND  HIGHWAYS  IS  HEREBY  DIRECTED  TO  PROVIDE  SUCH  TECHNICAL 
ASSISTANCE  AS  MAY  BE  REQUIRED.   ALL  OFFERS  FOR  SALE  OF  THIS  PROPERTY  SHALL 
9C  REVIEWED  BY  THE  OFFICE  SPACE  STUDY  COMMITTEE  AND  SAID  COMMITTEE  SHALL/ 
NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW/  MAKE  THE  FINAL  DECISION  ON  THE 
SALE  09  USE  OF  SUCH  PROPERTY.    NO  CONTRACT  FOR  THE  SALE  OF  SUCH  PROPERTY 
SHALL  BE  SUBJECT  TO  THE  REVIEW  OR  APPROVAL  OF  THE  GOVERNOR  AND  COUNCIL  IF 


HOUSE  JOURNAL  16FEB82  407 


HB  0955      PAGE    12"}  02/09/8? 

IT  IS  APPROVED  BY  SAID  COMMITTEE/  PROVIDED  THAT  IT  SHALL  NOT  OE  SOLD  fOR 
LESS   THAN  $2,000/000  NET  TO  THE  STATE   Of   NEJ  HAMPSHIRE. 

22.  BRANCH  OFFICES/  DIVISION  OF  WELFARE. 

I.  OTHES  PROVISIONS  OF  THE  LAW  NOTWITHSTANDING/   EFFECTIVE   NOVEMBER  1 
1982/   THE  DIVISION  OF   WELFARE   AND  STATE  OF  NEW  HAMPSHIRE  ARE  HEREBr 
PROHIBITED  FROM  EXPENDING  FUNDS  FOR  THE  OPERATION  AND  MAINTENANCE  OF  AN 
OFFICE   IN  ROCHESTER.    SUCH  PROHIBITED  EXPENDITURES   INCLUDE   BUT  ARE  NOT 
LIMITED   TO  TELEPHONE/  JANITORIAL/  UTILITIES/   AND   TAXES  FOR  DATES  OF 
OCCUPANCr  AFTER  NOVEMBER  1/  1982. 

II.  OTHER  PROVISIONS  OF  THE  LAW  NOTWITHSTANDING/  EFFECTIVE  JULY  1/ 
1982/  THE  DIVISION  OF  WELFARE  AND  STATE  OF  NEW  HAMPSHIRE  ARE  HEREBY 
PROHIBITED  FROM  EXPENDING  FUNDS  FOR  THE  OPERATION  AND  MAINTENANCE 
CF  OFFICES  IN  PETERBORO/  FRANKLIN/  LEBANON/  AND  PLYMOUTH,   SUCH 
PROHIBITED  EXPENDITURES  INCLUDE  BUT  ARE  NOT  LIMITED  TO  TELEPHONE/ 
JANITORIAL/  UTILITIES/  AND  TAXES  FOR  DATES  Of  OCCUPANCY  AFTER 

JULY  1  /   1982 . 

23.  NON-LAPSING  funds;  DIVISION  OF  WELFARE.    NOTWITHSTANDING  ANY  OTHER 
PROVISIONS  OF  LAW/  THE   SUM  OF  $1/051/558.50  IN  FISCAL  YEAR  1982  INCLUDED 
IN  THE  APPROPRIATION  IN  PAU  05/03/04  (DIVISION  Of  WELFARE)   fOR  MMIS 
SYSTEM  DEVELOPMENT  SHALL  NOT  LAPSE  UNTIL  JUNE  30/  1983. 

24.  RFLATION  OF  OFFICE  OF  PUBLIC  GUARDIANS  TO  DIVISION  OF  MENTAL  HEALTH 
AND  DEVELOPMENTAL  SERVICES.    IT  IS  UNDERSTOOD  THAT  THE  PUBLIC  GUARDIANS 
ARE  TO  FUNCTION  INDEPENDENTLY  OF  THE  DIVISION  OF  MENTAL  HEALTH  AND 
DEVELOPMENTAL  SERVICES.    INCLUSION  IN  THE  DIVISION  Of  MEf.'TAL  HEALTH  AND 
DEVELOPMENTAL  SERVICES*  BUDGET  IS  fOR  ADMINISTRATIVE  CONVENIENCE  ONLY. 

A  COMMITTEE  IS  HEREBY  ESTABLISHED  TO  BE  COMPRISED  AS  fOLLOWS:   2  MEMBERS 
APPOINTtO  &r  The  SPEAKER  Of  THE  HOUSE/  2  MEMBERS  APPOINTED  8V  THE  PRESIDENT 
OF  THE  SENATE/  2  MEMBERS  APPOINTED  BY  THE  GOVERNOR/  2  PROBATE  COURT  JUDGES 
OR  THEIR  DESIGNEES/  THE  COMPTROLLER  OR  HIS  DESIGNEE/  THE  DIRECTOR  Of  THE 
DIVISION  OF  MENTAL  HEALTH  AND  DEVELOPMENTAL  SERVICES  OR  HIS  DESIGNEE  AND 
ONE  MEMBER  APPOINTED  BY  THE  PUBLIC  GUARDIAN  ADVISORY  COUNCIL.   THE  COMMITTEE 
SHALL  MEET  AND  PROPOSE  LEGISLATION  TO  THE  GENERAL  COURT  FOR  C  ONS  I D  E  R  A  T  I  Oti 
AT  THE  1<953  REGULAR  SESSION  TO  CREATE  A  MORE  APPROPRIATE  FUNDING  MECHANISM. 

?5.      WETLANDS  BOARD.    AMEND  RSA  483-A:1-C/   I  (SUPP)  AS  INSERTED 

BY  1979/   392:1  BY  STRIKING  OUT  SAID  PARAGRAPH  AND   INSERTING  IN  PLACE 

THEREOF  THE   FOLLOWING: 

«.85-A:1-C    ESTABLISHMENT  OF  WETLANDS  BOARD. 


408  HOUSE  JOURNAL  16FEB82 


MB  0955      PAGE    330     02/09/8? 

I.   THERE  IS  HEREBY  ESTABLISHED  A  WETLANDS  BOARD  FOR  THE  PURPOSE  Of 
CARRYING  OUT  THE  PROVISIONS  Of  LAW  CONfERRING  UPON  THE  WATER  RESOURCES 
BOARD  AUTHORITY  TO  DECIDE  MATTERS  RELATIVE  TO  RESOURCES  Of  THE  STATE/ 
INCLUr>ING  BUT  NOT  LIMITED  TO  EXCAVATING/  DREDGING  AND  FILLING  WATERS 
Of  THE  STATE.   THE  WETLANDS  BOARD  SHALL  CONSIST  OF  THE  EXECUTIVE  DI- 
RECTOR OF  THE  DEPARTMENT  Of  fISH  AND  GAME  OR  HIS  DESIGNEE;  THE  COMMIS- 
SIONER or  THE  DEPARTMENT  OF  RESOURCES  AND  ECONOMIC  DEVELOPMENT  OR  HIS 
designee;  the  COMMISSIONER  OF  PUBLIC  WORKS  AND  HIGHWAYS  OR  HIS  DESIG.MEE; 
THE  DIRECTOR  Of  THE  OfflCE  Of  STATE  PLANNING  OR  HIS  DESIGNEE;  THE  EXEC- 
UTIVE DIRECTOR  OF  THE  WATER  SUPPLY  AND  POLLUTION  CONTROL  COMMISSION  OR 
HIS  designee;  the  commissioner  of  the  DEPARTMENT  OF  SAFETY  OR  HIS 
designee;  and  the  chairman  Of  the  water  RESOURCES  BOARD  OR  HIS  DESIGNEE. 
SAID  OfflCIALS  SHALL  HAVE  VOTING  RIGHTS  AS  MEMBERS  OF  THE  WETLANDS 
BOARD.   PROVIDED/  HOWEVER/  THAT  NOTHING  HEREIN  SHALL  BE  CONSTRUED  AS 
AffECTING  OTHER  DUTIES  Of  THE  WATER  RESOURCES  BOARD  WITH  REfERENCE  TO 
DAMS/  WATER  LEVELS  AND  ADMINISTRATION  Of  THE  DEPARTMENT. 

26.  BO«R0  HEARING.   AMEND  RSA  483-A:2  (SUPP)  AS  INSERTED  BY 

1967/  215:1  AS  AMENDED  BY  STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN 
PLACE  THEREOf  THE  FOLLOWING: 

<.83-A:2   HEARING.   If  THE  BOARD  DOES  NOT  CONCUR  WITH  THE  MUNICIPAL 
RECOMMENDATIONS  OR  THE  MUNICIPAL  RECOMMENDATION  IS  fOR  DENIAL/  THE  BOARD 
SHALL  HOLD  A  PUBLIC  HEARING  ON  SAIO  PROPOSALS/  IN  ACCORDANCE  WITH 
RULES  ADOPTED  BY  THE  BOARD  UNDER  RSA  541-A/  WITHIN  30  DAYS  Of  THE  RECEIPT 
Of  THE  MUNICIPAL  RECOMMENDATIONS  AND  SHALL  NOTIFY  BY  MAIL  THE  PERSON 
INTENDING  TO  DO  SUCH  EXCAVATING/  REMOVING/  fILLING/  DREDGING  OR  ALTER- 
ING/ THE  SELECTMEN  OR  THE  PROPER  CITY  OFflCIAL  Of  THE  MUNICIPALITY 
INVOLVED/  THE  PLANNING  BOARD/   If  ANY/  THE  MUNICIPAL  CONSERVATION 
COMilISSION/  If  ANY/  AND  MEMBERS  Of  THE  BOARD. 

27.  STATE  AGENCY  PLANNING  AND  DESIGN  COSTS.   EFFECTIVE  JULY  1/  1982/ 

THE  DIVISION  OF  PUBLIC  WORKS  OF  THE  DEPARTMENT  OF  PUBLIC  WORKS  AND  HIGHWAYS 
SHALL  NOT  PERFORM  ANY  DESIGN  AND  PLANNING  WORK  FOR  ANY  STATE  AGENCY  UNLESS 
THE  DIVISION  IS  REIMBURSED  FOR  SUCH  WORK  BY  THE  AGENCY  PURSUANT  TO  A 
WRITTEN  AGREEMENT.   THE  DIVISION  SHALL  NOT  EXPEND  FOR  fISCAL  YEAR  1983  MORE 
THAN  tlOO/000  PLUS  ANY  ACTUAL  AGENCY  INCOME  fROM  DESIGN  ^ND  PLANNING  WORK. 

28.  DEPARTMENT  OF  PUBLIC  WORKS  AND  HIGHWAYS/  DIVISION  OF  PUBLIC  WORKS. 

I.   NOTWITHSTANDING  ANY  OTHER  PROVISION  Of  LAW/  THE  DIVISION  OF 
PUBLIC  WORKS  OF  THE  DEPARTMENT  OF  PUBLIC  WORKS  AND  HIGHWAYS  SHALL/  PRIOR  TO 
PERFORMING  ANY  DESIGN  AND  PLANING  WORK  fOR  ANY  DEPARTMENT/  BOARD/ 
COMMISSION/  INSTITUTION  OR  OTHER  AGENCY/  ENTER  INTO  A  WRITTEN  AGREEMENT 


HOUSE  JOURNAL  16FEB82  409 


HH  09SS       PAGE     ?51     0^/09/8^ 

SPECIfYING  IN  DETAIL  THE  SERVICES  TO  BE  PERFORMED  AND  THE  COST  TO  THE 
AGENCY.    SAID  AGREEMENT  SHALL  BE  BINDING  ON  THE  DIVISION  OF  PUBLIC   WORKS 
AND  THE  OTHER  AGENCY.    ANY  CHANGE  OR  MODIFICATION   IN  THE  SERVICES  TO  BE 
PERFORMED  SMALL  LIKEWISE  BE  AGREED  TO  IN  WRITING  AND  SHALL   SPECIFY   THE 
CHANGE  AND  THE  ADJUSTMENT  TO  THE  COST.    ANY  DISPUTE  RELATIVE  TO  SUCH 
AGREE. lENTS  SHALL  BE  RESOLVED  BY  THE  ATTORNEY   GENERAL. 

II.    NOTWITHSTANDING  ANY  OTHER  PROVISION  Of  LAW,   THE  DIVISION  OF  PUBLIC 
WORKS  OF   THE  DEPARTMENT  Of  PUBLIC  WORKS  AND  HIGHWAYS  IS  HEREBY 
AUTHORIZED  TO  MAKE  EXPENDITURES  IN  EXCESS  Of   THE  AMOUNTS  APPROPRIATED  UY 
1981/   S68:l   TO  THE  EXTENT  THAT  OTHER  AGENCY  INCOME  RECEIVED  BY  THE 
DEPARTMENT  EXCEEDS  THE   ANTICIPATED  OTHER  AGENCY  INCOME   I.\  198  1/  $68:1. 

29.    ;vAf,  E  ASSIGNMENT.    AMEND  RSA  4S8  BY  INSERTING  AFTER  SECTION  56 
THE  TOLL  OWING  NEW  SUBDIVISION: 

WAGE  A  SS I GNMENT 

458:57   PURPOSE.    IT  IS  THE  PURPOSE  Of  THIS  SUBDIVISION  TO  PROVIDE  THE 
REMEDY  OF  ASSIGNMENT  OF  WAGES  TO  ENSURE  THAT  FINANCIAL  RtSOURCES  ARE 
MADE  AVAILABLE  TO  DEPENDENT  CHILDREN/   THEREBY  RELIEVING/  AT  LEAST   IN 
PART,   THF  BURDEN  PRESENTLY  BORN  BY  THE  GENERAL  CITI2ENRY  THROUGH  WEL- 
FARE PROGRAMS  AND  THE  BURDEN  PLACED  ON  CUSTODIAL  PARENTS  WHEN  CHILD 

support  is  not  provided  as  ordered  by  the  court. 

458:58   definitions.   when  used  in  this  subdivision/  unless  the 
specific  context  indicates  otherwise: 

i.   "court  order  of  support"  means  any  valid  judgment  or  order  for 
the  support  of  spouses,  dependent  children  or  both,  issued  by  any  court 
of  thf  state  of  new  hampshire  or  another  state/  including  an  order  in  a 
final  decree  of  divorce; 

ii.   "dependent  child"  means  any  natural/  adoptive  or  stepchild  who 
is  not  emancipated/  self-supporting  or  married/  and  who  is  in  financial 
need; 

iii.   "division"  means  the  new  hampshire  division  of  welfare/  depart- 
MENT OF   HEALTH  AND  WELFARE; 

IV.  "EMPLOYER"  MEANS  ANY  PERSON/  FIRM/  CORPORATION  OR  ASSOCIATION  OR 
ANY  POLITICAL  SUBDIVISION  OR  DEPARTMENT  OF  THE  STATE  OR  FEDERAL  GOVERN- 
MENT/ WHICH  EMPLOYS  A  person; 

V.  "OBLIGEE"  MEANS  THE  PERSON  FOUND  TO  BE  LEGALLY  ENTITLED  TO  RE- 


410  HOUSE  JOURNAL  16FEB82 


HO    09S5  PAGE  552  02/09/8? 

CEIVE     CHILD     OR    SPOUSAL     SUPPORT; 

VI.  "OBLIGOR"    MEANS     THE     PERSON     fOUNO     TO    BE    LEGALLY     LIABLE     fOR    CHILD 

OR  SPOUSAL  support; 

VII.  "wages"  means  compensation  paid  or  payable  fOR  PERSONAL 
SERVICES  WHETHER  OENO^IINATED  AS  WAGES/  SALARY,  COMMISSION,  BONUS 
OR  OTHERWISE,  AND  SPECIFICALLY  INCLUDES  PERIODIC  PAYMENTS  PURSUANT 
TO  PENSION  OR  RETIRMENT  PROGRAMS  OR  INSURANCE  POLICIES  Of  ANY  TYPE. 

458:59   EXISTING  CHILD  SUPPORT  OR  SPOUSAL  SUPPORT  ORDERS.    CHILD 
SUPPORT  OR  SPOUSAL  SUPPORT  ORDERS  IN  EFFECT  PRIOR  TO  THE  EFFECTIVE 
DATE  OF  THIS  SUBDIVISION,  AND  MADE  PAYABLE  THROUGH  THE  DIVISION, 
SHALL  3E  SUBJECT  TO  WAGE  ASSIGNMENT.   SAID  ASSIGNMENT  SHALL  BE  IN- 
VOKED AGAINST  AN  OBLIGOR  BY  THE  DIVISION  UPON  NOTICE  TO  THE  COURT  AND 

HB  0955      PAGE    553     02/09/82 

TO  THE  OBLIGOR  AT  HIS  LAST  KNOWN  ADDRESS  JHEn  A  DELINQUENCY  EQUAL  TO 
1/12  OF  THE  ANNUAL  C OU R T -  OR OE R E 0  SUPPORT  OBLIGATION  IS  INCURRED. 

458:40   NEW  CHILD  SUPPORT  OR  SPOUSAL  SUPPORT  ORDERS.   ALL  CHILD  SUPPORT 
OR  SPOUSAL  SUPPORT  ORDERS  EFFECTIVE  SUBSEQUENT  TO  THE  EFFECTIVE  DATE  OF 
THIS  SUBDIVISION  SHALL  CONTAIN  A  WAGE  ASSIGNMENT  PROVISION  WHEREBY 
ASSIGNMENT  SHALL  BE  AUTOMATICALLY  INVOKED  UPON  AN  OBLIGOR  WHEN  A  DE- 
LINQUENCY EQUAL  TO  1/12  OF  THE  ANNUAL  COURT-ORDERED  SUPPORT  OBLIGATION 
IS  INCURRED. 

458:41  NOTICE.    THE  DIVISION  SHALL  PROVIDE  A  15  DAY  NOTICE  TO  THE  OBLIGOR 
PRIOR  TO  THE  IMPOSITION  OF  A  WAGE  ASSIGNMENT. 

«S8:42   OBLIGEE  ACTION.   IN  ANT  ACTION  BROUGHT  BY  THE  OBLIGEE  WHEREIN 
THE  OBLIGOR  IS  IN  ARREARS  MORE  THAN  1/12  OF  THE  ANNUAL  C OUR T- ORD E R E 0 
CHILD  SUPPORT  OR  SPOUSAL  SUPPORT  OBLIGATION,   THE  COURT  SHALL  SIMILARLY 
ODDER  THE  ASSIGNMENT  OF  THE  OBLIGOR'S  WAGES. 

458:45   ASSIGNMENT  BINDING.   ANY  WAGE  ASSIGNMENT  UNDER  THIS  SUBDIVISION 
SHALL  BE  BINDING  UPON  THE  EMPLOYER  AND  SUCCESSOR  EMPLOYERS  ONLY  UPON 
RECEIPT  OF  PROPER  NOTICE.   EMPLOYERS  SHALL  DEDUCT  AND  FORWARD  ASSIGNED 
MAGES   IN  THE  NEXT  PAY  PERIOD  CYCLE  CONSISTENT  WITH  PAYROLL   SYSTEM 
REQUIREMENTS,  BUT  NO  LATER  THAN  ONE  MONTH  FROM  THE  DAY  Of  SERVICE. 

458:44   ASSIGNMENT  DEDUCTIONS.   THE  EMPLOYER  SHALL  DEDUCT  ASSIGNED  WAGES 
FROM  THE  OBLIGOR'S  WAGES  AND  TRANSFER  SAID  PAYMENTS  DIRECTLY  TO  THE 
DIVISION  OR  THE  OBLIGEE,  AS  SPECIFIED  IN  THE  NOTICE  OF  ORDER. 

458:45    FEES.   FOR  EACH  PAYMENT  MADE,  THE  EMPLOYER  MAY  RECEIVE  J1  WHICH 
THE  EMPLOYER  SHALL  DEDUCT  FROM  THE  MONEY  TO  BE  PAID  TO  THE  EMPLOYEE, 


HOUSE  JOURNAL  16FEB82  411 


H3    0''5S  PAGe  3U  02/09/8? 

4S8:<.6        E«1PL0rER     RE  SPO  MS  1  SI  L I  T  r  .        THE     EMPLOYER    MA  f     NOT     USE     THE    WAGE 
ASSIGNMENT     AS    A     BASIS     fOR     THE     DISCHARGE     Of     AN     EMPLOYEE     OR     f OR     ANY 
OTHER     DISCIPLINARY     ACTION    AGAINST     THE     EMPLOYEE.        COMPLIANCE     BY     AN 
EMPLOYER     WITH     THE    ORDER     OPERATES     AS     DISCHARGE     Of     THE     EMPLOYER'S     Ll- 
ABILl'Y      TO    The     EMPLOYEE     AS     TO     THAT     PORTION    Of     THE     EMPLOYEE'S     WAGES 
SO     AFFECTED. 

458:47        EMPLOYER     fAlLURE     TO     ACT.         fAILURE      TO     HONOR     AND     IMPLEMENT     ANY 
WAGE     ASSIGNMENT     UNDER     THIS    SUBDIVISION    AFTER     RECEIPT     Of     PROPER    NOTICE 
SHALL     RESULT     IN     THE     EMPLOYER     BEING    HELD     LIABLE     FOR     SAID     ASSIGNED     WAGES 
NOT     WITHHELD     AS     OROERE  0. 

458:48        ASSIGNMENT     PRIORITY.         ANY     WAGE     ASSIGNMENT     UNDER     THIS     SUBDIVISION 
SHALL     BE     A     PRIORITY     BEFORE     OTHER     VOLUNTARY     DEDUCTIONS     AND     SHALL     NOT     BE 
SUBJECT      TO     EXISTING     WAGE     ATTACHMENT     LIMITATIONS. 

458:40        ADDRESS     CHANGE.         IT     SHALL     BE     INCUMBENT     UPON     THE     OBLIGOR     AND 
OBLIGEE     TO    NOTIFY     THE     DIVISION    OF     CHANGES     IN     ADDRESS     TO     ENSURE     PROPER 
PAYMENT      Of     SUPPORT. 

H8    0955  PAGE  335  02/09/82 

458:50        OBLIGOR     CHANGE     OF     EMPLOYMENT.         THE     OBLIGOR     SHALL     NOTIFY     THE 
DIVISION     OR     OBLIGEE     OF      THE     TERMINATION     DATE     OF     EMPLOYMENT     AND      IN- 
FORMATION   REGARDING     ANY     NEW    EMPLOYER     TO    ENSURE     CONTINUED    RECEIPT     Of 
SUPPOR  T  . 

30.        REPEAL.        RSA     458:J5-A     AND     RSA     458:35-B     RELATIVE     TO     SUPPORT     PAYMENTS 
ARE     HEREBY     REPEALED . 

51.        DOMESTIC     relations;     support     orders.        amend     1981/     568:91,     I     BY 
STRlriNG     OUT     SAID     PARAGRAPH     AND     INSERTING     IN     PLACE     THEREOF      THE 

FOLLOWING: 

I.    NOTWITHSTANDING  ANY  OTHER  PROVISIONS  Of  LAW/  THE  DOMESTIC  RE- 
LATIONS OfFICERS  IN  THE  PROBATION  DEPARTMENT  ARE  HEREBY  TRANSFERRED  TO 
THE  DEPARTMENT  OF  HEALTH  AND  WELFARE,  DIVISION  Of  WELFARE.    WHENEVER  ANY 
COURT  ORDERS  ANY  PAYMENT  FOR  SUPPORT  IN  A  JUDGMENT  Of  DIVORCE,  LEGAL 
SEPARATION,  NON-SUPPORT  OR  SUPPORT  Of  CHILDREN  BORN  OF  UNWED  PARENTS,  OR 
PENDING  A  FINAL  DETERMINATION  IN  ANY  SUCH  MATTER,   SUCH  ORDER  SHALL  BE 
DIRECTED  TO  THE  DIVISION  OF  WELFARE  PROVIDED  THAT   SUCH  INDIVIDUALS 
RECEIVE   PUBLIC  ASSISTANCE  UNDER  TITLE   IV-A  OF   THE   SOCIAL  SECURITY  ACT 
OR  AN  APPLICATION  HAS  BEEN  FILED  FOR  SUPPORT  SERVICES  UNDER  TITLE  IV-D 
OF  THE  SOCIAL  SE  CUR  I  TY   ACT. 


412  HOUSE  JOURNAL  16FEB82 


HP  0955       PAGE    156     0?/09/82 

32.   COLLECTION  OF  CHILD  SUPPORT.   AMEND  RSA  161:2/  XVI  (SUPP)  INSERTED 
BY  1981/  568:91/  III  BY  STRIKING  OUT  SAID  PARAGRAPH  AND  INSERTING  IN 
PLACE  THEREOf  THE  FOLLOWING: 

XVI.   COLLECTION  OF  CHILD  SUPPORT.   ESTABLISH,  MAINTAIN  AND  DIRECT  A 
SYSTEM  Of  COLLECTING  AND  DISBURSING  PAYMENTS  ORDERED  IN  DIVORCE/  NON- 
SUPPORT  AND  SUPPORT  FOR  CHILDREN  OF  UNWED  PARENTS  CASES  WHEN  SO  ORDERED 
BY  THE  COURT  IN  ACCORDANCE  WITH  REGULATIONS  ESTABLISHED  UNDER  TITLE  IV-0 
OF  THE  SOCIAL  SECURITY  ACT.   ALL  CURRENT  AND  FUTURE  CASES  IN  WHICH  THE 
DIVISION  OF  WELFARE  IS  ORDERED  BY  THE  COURT  TO  COLLECT  AND  ENFORCE  AN 
OBLIGATION  FOR  SUPPORT  SHALL  REQUIRE  IV-0  STATUS  EITHER  THROUGH  THE 
RECEIPT  OF  PUBLIC  ASSISTANCE  UNDER  TITLE  IV-A  OF  THE  SOCIAL  SECURITY 
ACT  OR  BY  APPLICATION  FOR  IV-D  SUPPORT  SERVICES  FILED  WITH  THE  COURT  AND 
FORWARDED  WITH  THE  COURT  ORDER  TO  THE  DIVISION  OF  WELFARE. 

3J.   RADIATION  CONTROL  AGENCY.   AMEND  RSA  125:62  AS  INSERTED  BY 
1963/  229:1  AS  AMENDED  BY  STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN 
PLACE  THEREOF  THE  FOLLOWING: 

125:62   rulemaking;  LICENSES. 

I.  THE  AGENCY  SHALL  ADOPT  RULES/  AFTER  PUBLIC  HEARING  AND 
PURSUANT  TO  RSA  541-A,  RELATIVE  TO: 

(A)   GENERAL  OR  SPECIFIC  LICENSING  ON  AN  ANNUAL  BASIS  OF 
BYPRODUCT/  SOURCE/  SPECIAL  NUCLEAR  MATERIALS  OR  DEVICES/  OR  EQUIP- 
MENT UTILIZING  SUCH  MATERIALS  FOR  ANY  SOURCE  OF  IONIZING  RADIATION/ 

HB  0955      PAGE    337     02/09/82 

INCLUDING  A  GRADUATED  FEE  SCHEDULE/' 

(6)   THE  AMENDMENT/  SUSPENSION  OR  REVOCATION  OF  SUCH  LICENSES/* 
(C>   THE  REGISTRATION  OR  LICENSING  OF  OTHER  SOURCES  OF  IONI- 
ZING RAO  I  AT  ion; 

(0)   THE  EXEMPTION  OF  CERTAIN  SOURCES  OF  IONIZING  RADIATION 
OR  KINDS  OF  USES  OR  USERS  FROM  LICENSING  OR  REGISTRATION  REQUIRE- 
MENTS REQUIRED  BY  THIS  SECTION.   THE  AGENCY  SHALL  MAINTAIN  A  SCHEDULE 
LISTING  ANY  EXEMPTED  USES/  USERS  OR  SOURCES  OF  IONIZING  RADIATION; 

(E)  THE  RECOGNITION  OF  OTHER  STATE  OR  FEDERAL  LICENSES  AS 
DEEMED  DESIRABLE  BY  THE  AGENCY; 

(F)  REGISTRATION  REQUIREMENTS  FOR  USES/  USERS  OR  SOURCES  OF 
IONIZING  RADIATION  HOLDING  LICENSES  RECOGNIZED  UNDER  RSA  125:62/  I 
(E);  AND 

(G)  A  COMBINATION  LICENSE  AND  REGISTRATION  FEE  PAID  IN  LIEU  OF 
SEPARATE  LICENSE  OR  REGISTRATION  FEES/  ISSUED  TO  A  PERSON  OR  ORGANI- 
ZATION FOR  USES  AT  ONE  LOCATION  OR  ADDRESS. 

II.  LICENSE  AND  REGISTRATION  FEES  SHALL  BE  DUE  ON  OR  BEFORE  THE 


HOUSE  JOURNAL  16FEB82  413 


HB  09S5      PAGE    333     02/09/8? 

EXPIRATION  DATE  SHOWN  ON  THE  LICENSE  OH  REGISTRATION  AND  SHALL  REFLECT 
THE  COSTS  Of  ADMINISTRATION  Or  THIS  SUBDIVISION. 

125:62-A   APPLICATION  Of  RECEIPTS.   ALL  FEES  COLLECTED  UNDER  THIS 
SUBDIVISION  SHALL  BE  fORWAROEO  TO  THE  STATE  TREASURER.   THE  STATE 
TREASURER  SHALL  CREDIT  ALL  MONE»S  RECEIVED  UNDER  THIS  SUBDIVISION,  AND 
INTEREST  RECEIVED  ON  SUCH  MONEY/  TO  A  SPECIAL  fUNO  fROM  WHICH  HE  SHALL 
PAY  ALL  THE  EXPENSES  Of  THE  AGENCY  INCIDENT  TO  THE  ADMINISTRATION  Of 
THIS  SUBDIVISION.   THIS  fUND  SHALL  NOT  LAPSE. 

54.   LICENSING  Of  fOOD  SERVICE  ESTABLISHMENTS.   AMEND  RSA  BY  INSERT- 
ING AfTER  CHAPTER  143  THE  fOLLOWiNG  NEW  CHAPTER: 

CHAPTER  U3-A 
fOOD-SERVlCE  REGULATIONS 

143-A:1    OEflNITlONS.   AS  USED  IN  THIS  CHAPTER  UNLESS  THE  CONTEXT 
CLEARLY  INDICATES  OTHERWISE: 

I.  "DIRECTOR"  MEANS  THE  DIRECTOR  Of  THE  DIVISION  Of  PUBLIC  HEALTH 
SERVICES,  DEPARTMENT  Of  HEALTH  AND  WELfARE. 

II.  "DIVISION"  MEANS  THE  DIVISION  OF  PUBLIC  HEALTH  SERVICES* 
DEPARTMENT  Of  HEALTH  AND  WELfARE. 

III.  "f OOD-SERVICE  ESTABLISHMENT"  MEANS  ANY  fIXEO  OR  MOBILE 

restaurant;    temporary    foOD-SERviCE   establishment;    coffEE   shop;    tearoom; 

CAfETERIA;     SHORT    ORDER     CAFE;     SIDEWALK    CAFE;     LUNCHEONETTE;     GRILLE; 
SANDWICHSHOP;    CATERING    KITCHEN;     COMMISSARY;     INDUSTRIAL     FEEDING    ESTAB- 
LISHMENTS;    FOOD     VENDING    OPERATION,     WHETHER    ATTENDED    OR    UNATTENDED;     SODA 

fouNTAiN;   tavern;  bar;   cocktail  lounge;  night   club;  and  any  other  eat- 
ing   OR    drinking    establishment     or    operation    where     food     IS    SERVED    OR 
provided     fOR    THE    PUBLIC    WITH    OR    WITHOUT     CHARGE.       A    fOOO-SERVlCE    ESTAB- 
LISHMENT    ALSO    MEANS    A    GROCERY     STORE;     MEAT    MARKET;     BAKERY;     DELICATESSEN; 
OR    ANY     ESTABLISHMENT    WHERE     fOOO     IS     STORED,    MANUFACTURED,    PROCESSED,     OH 
PACKAGED. 

IV.  "TEMPORARY     fOOD-SERVICE     ESTABLISHMENT"    MEANS     ANY     FOOD-SERVICE 
ESTABLISHMENT    WHICH    OPERATES     AT     A     FIXED    LOCATION     FOR     A     TEMPORARY     PERIOD 
OF     TIME,     NOT     TO    EXCEED     TWO    WEEKS,     IN    CONNECTION    WITH    A     FAIR,     CARNIVAL, 
CIRCUS,     PUBLIC    EXHIBITION,    OR     SIMILAR    TRANSITORY    GATHERING. 

14J-A:?        LICENSE     REQUIRED.        IT     SHALL     BE     UNLAWFUL     FOR    ANY    PERSON,     UNLESS 
EXEMPTED    UNDER    RSA     U3-A:J,     TO    OPERATE    A     FOOD-SERVICE     ESTABLISHMENT    OR 
A     TEMPORARY     FOOD-SERVICE    ESTABLISHMENT    WITHIN    THIS     STATE    WHO    DOES    NOT 


414  HOUSE  JOURNAL  16FEB82 


HB    0955  PAGE  J59  0?/09/82 

POSSESS     A     fOOD-SERVlCE     LICENSE     FOR     THAT     ESTABLISHMENT     FROM     ThE     DIRECTOR. 
ONLY     A     PERSON    WHO    COMPLIES    WITH    THE     REQUIREMENTS     OF     THIS    CHAPTER     SHALL 
BE    ENTITLED     TO    RECEIVE     AND    RETAIN     SUCH     A     LICENSE,        A     VALID     LICENSE     SHALL 
BE    POSTED     IN     PUBLIC     VIEW     IN    EVERY     FOOO-SERVICE    ESTABLISHMENT.        LICENSES 
SHALL     NOT    BE     TRANSFERABLE     FROM    ONE     PERSON     TO     ANOTHER     PERSON    OR    PLACE. 

143-A:J        ESTABLISHMENTS     EXEMPTED.        ANY     FOOD-SERVICE     ESTABLISHMENT     WHICH 
IS    LICENSED     BY     A     LOCAL     HEALTH     AUTHORITY     APPROVED     BY     THE     DIRECTOR     UNDER 
THE     PROVISIONS    OF    RSA     U3-A:18     IS     EXEMPT     FROM     THE     PROVISIONS    OF     THIS 
CHAPTE  R. 

i<,3-A:4     application;    issue;    fees. 

I.  THE  DIRECTOR  MAY  ISSUE  A  LICENSE  TO  ANY  FOOO-SERVICE  ESTABLISH- 
MENT UPON  RECEIPT  OF  A  WRITTEN  APPLICATION  UPON  A  FORM  FURNISHED  BY  THE 
DIRECTOR  AND  SETTING  FORTH  SUCH  INFORMATION  CONCERNING  THE  APPLICANT 
AND  HIS  OPERATION  AND  FACILITIES  AS  MAY  BE  REQUIRED  IN  RULES  ADOPTED 

BY  THE  DIRECTOR,   A  LICENSE  WILL  BE  GRANTED  UPON  THE  EXPRESS  CONDITION 
THAT  THE   APPLICANT  SHALL  AT  ALL  TIMES  CONDUCT  HIS  OPERATION  AND  MAIN- 
TAIN HIS  FACILITIES  IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF   THIS  CHAPTER 
AND  RULES  ADOPTED  UNDER  THIS  CHAPTER. 

II.  ALL  LICENSES  SHALL  BE   ISSUED  FOR  A  PERIOD  OF  ONE  YEAR  OR 
PORTION  THEREOF  AND  SHALL  EXPIRE  ON  JUNE  30  NEXT  FOLLOWING  ISSUANCE. 

THE  DIRECTOR  SHALL  ADOPT  RULES  RELATIVE  TO  ANNUAL  GRADUATED  LICENSE   FEES  FOR 
FOOO-SERVICE  AND  TEMPORARY  FOOO-SERVICE  ESTABLISHMENTS.    THE  FEES  SHALL 
REFLECT  THE  COSTS  OF  ADMINISTRATION. 

III.  ALL  FEES  COLLECTED  UNDER  THIS  CHAPTER  SHALL  BE  FORWARDED  TO 
THE  STATE  TREASURER,   THE  STATE  TREASURER  SHALL  CREDIT  ALL  MONEYS 
RECEIVED  FROM  FEES  COLLECTED  UNDER  THIS  CHAPTER/  AND  INTEREST  RECEIVED 
ON  SUCH  MONEY,  TO  A  SPECIAL  FUND  FROM  WHICH  HE  SHALL  PAY  ALL  THE  EX- 
PENSES OF  THE  DIVISION  INCIDENT  TO  THE  ADMINISTRATION  OF  THIS  CHAPTER, 
THIS  FUND  SHALL  NOT  LAPSE, 

143-A:5   FEE  WAIVER.   ALL  GOVERNMENTAL  AND  NONPROFIT  ORGANIZATIONS  AND 
INSTITUTIONS  SERVING  FOOD  IN  CONNECTION  WITH  THEIR  ACTIVITIES  OR  SERVING 
FOOD  FOR  THE  PURPOSE  OF  RAISING  MONEY  SHALL  BE  LICENSED/  BUT  SHALL  BE 
EXEMPT  FROM  PAYING  AN  ANNUAL  LICENSF  FEE  AS  PROVIDED  IN  RSA  143-A:4. 

143-A:6   VIOLATION  OF  RULES.   WHENEVER  THE  DIRECTOR  OR  HIS  DESIGNATED 
REPRESENTATIVE/  BASED  UPON  ON-SITE  INSPECTION/  DETERMINES  THAT  THERE 
ARE  REASONABLE  GROUNDS  TO  BELIEVE  THAT  VIOLATIONS  OF  THE  RULES  ADOPTED 
UNDER  RSA  1i3-A:11  HAVE  OCCURRED/  NOTICE  OF  SUCH  ALLEGED  VIOLATION  SHALL 
BE  GIVEN  TO  THE  OWNER.    SUCH  NOTICE  SHALL: 


HOUSE  JOURNAL  16FEB82  415 


MB    0955  PAGE  340  02/09/82 

I.  BE    IN   writing; 

II.  INCLUDE   STATEMENTS  ENUMERATING  ALLEGED  VIOLATIONS  AND   lOENT- 
IfrlNG  THE  BASIS  OF  THE  VIOLATION; 

III.  CONTAIN  AN  OUTLINE  Of  REMEDIAL  ACTION,  WHICH,   If   TAKEN,  WILL 
EffECT  COMPLIANCE  WITH  THE  PROVISIONS  Of  THESE  RULES; 

IV.  ALLOW  A  REASONABLE  TIME  FOR  THE  PERfORMANCE  Of  ANT   ACT  IT  RE- 
QUIRES; 

V.  Bt  SERVED  UPON  THE  OWNER  OR  HIS  AGENT  AS  THE  CASE  MAY  REQUIRE; 
PROVIDED  SUCH  NOTICE  OR  ORDER  SHALL  BE  DEEMED  TO  HAVE  BEEN  PROPERLY 
SERVED  UPON  SUCH  OWNER  OR  HIS  AGENT  WHEN  THE   INSPECTION  REPORT  fORM  CON- 
TAINING INFORMATION  REQUIRED  BY  PARAGRAPH  II,   III   AND  IV  ABOVE  HAS  BEEN 
COMPLETED  AND  SIGNED  BY  THE  INSPECTING  OfflCIALS  AND  THE  OWNER  OR  HIS 
AGENT  AND  A  COPY  OF  THE  fORM  HAS  BEEN  PROVIDED  TO  THE  OWNER  OR  HIS  AGENT 

143-A:7   SUSPENSION  Of  LICENSE.   WHENEVER  THE  DIRECTOR  OR  HIS  AUTHORIZED 
AGENT  OR  REPRESENTATIVE  fINDS  REPEATED  VIOLATIONS  OF  RULES  ADOPTED  UNDER 
THIS  CHAPTER  OR  UNSANITARY  OR  OTHER  CONDITIONS  IN  THE  OPERATION  Of  A 
FOOD-SERVICE  ESTABLISHMENT  OR  TEMPORARY  fOOD-SERVICE  ESTABLISHMENT 
WHICH,   IN  HIS  JUDGMENT,  CONSTITUTE  A  SUBSTANTIAL  HAZARD  TO  THE  PUBLIC 
HEALTH,  HE  MAY,  WITHOUT  WARNING,  NOTICE  OR  HEARING,  ISSUE  A  WRITTEN 
NOTICE  TO  THE  LICENSE  HOLDER  CITING  SUCH  CONDITION,  SPECIfYING  THE 
CORRECTIVE  ACTION  TO  BE  TAKEN,  AND  SPECIfYING  THE  TIME  PERIOD  WITHIN 
WHICH  SUCH  ACTION  SHALL  BE  TAKEN.    If  DEEMED  NECESSARY  BY  THE  DIRECTOR 
OR  HIS  AGENT,  SUCH  ORDER  SHALL  STATE  THAT  THE  LICENSE  IS  IMMEDIATELY 
SUSPENDED  AND  ALL  fOOD-SERVICE  OPERATIONS  ARE  TO  BE  IMMEDIATELY 
DISCONTINUED.   ANY  PERSON  TO  WHOM  SUCH  AN  ORDER  IS  ISSUED  SHALL  COMPLY 
IMMEDIATELY  WITH  SUCH  ORDER,  BUT  UPON  WRITTEN  PETITION  TO  THE  HEALTH 
AUTHORITY  SHALL  BE  AffOROED  A  HEARING  WITHIN  15  DAYS  Of  SUCH  PETITION. 

143-A:8    REINSTATEMENT  Of  SUSPENDED  LICENSE.    ANY  PERSON  WHOSE  LICENSE 
HAS  BEEN  SUSPENDED  MAY  AT  ANY   TIME  MAKE  APPLICATION  f OR  A  REINSPECTION 
FOR  THE  PURPOSE  OF  REINSTATEMENT  Of  THE  PERMIT.    WITHIN  10  DAYS  FOLLOW- 
ING RECEIPT  OF  A  WRITTEN  REQUEST,  INCLUDING  A  STATEMENT  SIGNED  BY  THE 
APPLICANT  THAT  IN  HIS  OPINION  THE  CONDITIONS   CAUSING  SUSPENSION  Of   TH£ 
PERMIT  HAVE  BEEN  CORRECTED,  THE  HEALTH  AUTHORITY  SHALL  MAKE  A  REINSPEC- 
TION.   IF  THE  APPLICANT  COMPLIES  WITH  THE  REQUIREMENTS  Of   THIS  CHAPTER 
AND  RULES  ADOPTED  UNDER  THIS  CHAPTER  THE  LICENSE  SHALL  BE  REINSTATED. 

143-A:9   REVOCATION  Of  LICENSE.   fOR  SERIOUS  OR  REPEATED  VIOLATIONS  OF 
ANY  OF  THE  REQUIREMENTS  OR  PROVISIONS  OF  THIS  CHAPTER  OR  RULES  ADOPTED 


416  HOUSE  JOURNAL  16FEB82 


HB  0955       PAGE    341     02/09/82 

UNDER  THIS  CHAPTER*  OR  fOR  INTERFERENCE  UIIH  THE  DIRECTOR  OR  HIS  AU- 
TH0RI2ED  AGENT  OR  REPRESENTATIVE  IN  THE  PERFORMANCE  OF  HIS  DUTIES/  THE 
LICENSE  OF  A  FOOD-SERVICE  ESTABLISHMENT  HAY  BE  PERMANENTLY  REVOKED  AFTEH 
AN  OPPORTUNITY  FOR  A  HEAPING  HAS  BEEN  PROVIDED  BY  THE  DIRECTOR.   PRIOR 
TO  SUCH  ACTION  THE  DIRECTOR  SHALL  NOTIFY   THE  LICENSE  HOLDER  IN  WRITING/ 
STATING  THE  REASONS  FOR  WHICH  THE  LICENSE  IS  SUBJECT  TO  REVOCATION  AND 
ADVISING  THAT  THE  LICENSE  SHALL  BE  PERMANENTLY  REVOKED  AT  THE  END  OF  5 
DAYS  FOLLOWING  SERVICE  OF  SUCH  NOTICE;  UNLESS  A  REQUEST  FOR  A  HEARING  IN 
WRITING  IS  FILED  WITH  THE  DIRECTOR/  BY  THE  LICENSE  HOLDER/  WITHIN  SUCH 
5  DAY  PERIOD.   A  LICENSE  MAY  BE  SUSPENDED  FOR  CAUSE  PENDING  ITS  RE- 
VOCATION OR  A  HEARING  RELATIVE  TO  REVOCATION, 

1<.3-A:1C   HEARINGS  AND  APPEALS.    THE  DIRECTOR  SHALL  CONDUCT  THE  HEARINGS 
PROVIDED  FOR  IN  RSA  U5-A:7  AND  RSA  143-A:9  AT  A  TIME  AND  PLACE  DESIG- 
NATED BY  HIM.   BASED  UPON  THE  EVIDENCE  PRESENTED/  THE  DIRECTOR  SHALL 
MAKE  A  FINDING  AND  SHALL  SUSTAIN/  MODIFY/  OR  RESCIND  ANY  OFFICIAL  NOTICE 
OR  ORDER  CONSIDERED  IN  THE  HEARING.   A  WRITTEN  REPORT  OF  THE  HEARING 
DISCUSSION  SHALL  BE  FURNISHED  THE  LICENSE  HOLDER  BY  THE  DIRECTOR.   ANY 
PERSON  AGGRIEVED  BY  ANY  DECISION  OF  THE  DIRECTOR  MAY  APPEAL  THEREFROM  IN 
ACCORDANCE  WITH  RSA  541. 

1  43-A :  1  1    RULES. 

I.  THE  DIRECTOR  SHALL  ADOPT  AS  A  RULE/  PURSUANT  TO  HSA  541-A/  THE 
SANITARY   FOOD  CODE/  AS  AMENDED,    HE  MAY  ADOPT  RULES  IN  ADDITION  TO 
SAID  CODE  RELATIVE  TO  THE  ENFORCEMENT  OF  THIS  CHAPTER. 

II.  WHENEVER  THE  DIRECTOR  SHALL  DEEM  CONSIDERATION  OF  CHANGES  OR 
AMENDMENTS  TO  THE  RULES  ADOPTED  UNDER  THE  AUTHORITY  OF  PARAGRAPH  I  TO 
BE  DESIRABLE/  HE  SHALL  SOLICIT  COMMENTS  AND  RECOMMENDATIONS  FROM  LOCAL 
HEALTH  AUTHORITIES  CONDUCTING  APPROVED  FOOD-SERVICE  SANITATION  PRO- 
GRAMS PRIOR  TO  PROCEEDING  AS  PROVIDED  BY  RSA  541-A. 

III.  ALL  RULES  RELATING  TO  FOOD-SERVICE  ESTABLISHMENTS  AS  ADOPTED 
BY  THE  DIRECTOR  UNDER  THE  AUTHORITY  OF  RSA  145:6  ARE  HEREBY  APPROVED  AS 
THE  RULES  TO  BE  EFFECTIVE  UNDER  THE  PROVISIONS  Of  THIS  CHAPTER.   THESE 
RULES  SMALL  REMAIN  IN  FORCE  UNTIL  AND  UNLESS  AMENDED  BY  THE  DIRECTOR 

IN  ACCORDANCE  WITH  PROCEDURES  ESTABLISHED  IN  THIS  CHAPTER. 

1 43-A  :  1 ?   INSPEC  TIONS. 

I.  THE  OPERATION  AND  FACILITIES  OF  ALL  LICENSEES  SHALL  BE   INSPECTED 
AT  LEAST   TWICE  £  ACH  YEAR. 

II.  THE  DIRECTOR  OR  HIS  AUTHORIZED  AGENTS  OR  REPRESENTATIVES  SHALL 


HOUSE  JOURNAL  16FEB82  417 


H3    CSS  P»GE  542  0?/09/32 

HAVf     ACCESS     TO     ALL     FOOO-SERVICE     ESTABLISHMENTS     AT     ANY     HOUR     AT     WHICH     THE 
f000-SE3VlCE     ESTABLISHMENT     IS     IN    OPERATION     FOR     THE     ENFORCEMENT    OF     THE 
PROVISn.'^S     OF     THIS     CHAPTER. 

III.        WHENEVER     AN     INSPECTION     OF     A     FOOO-SERVICE      ESTABLISHMENT      IS 
CONOJCTEO/     A     RECORD     OF      THE     INSPECTION     AND     FINDINGS     SHALL     BE     RECORDED     ON 
A     UNIFORM     INSPECTION     REPORT     FORM     WHICH     HAS     BEEN     APPROVED     BY     THE 
DIRECTOR.        THIS     FORM    SHALL     SUMMARIZE     THE     REQUIREMENTS     NECESSARY     FOR     SUCr 
ESTABLISHMENTS     TO    MEET      ThE     MINIMUM     STANDARDS     AS     PROVIDED     BY     RULES 
ADOPTED     UNDER     THE     AUTHORITY     OF     RSA     1C3-A:11.         A     COPY     OF      THE     COMPLETED 
INSPECTION     FORM     Shall     be     furnished     the     owner     or    operator    OF     THE     FOOD- 
SERVICE     ESTABLISHMENT     AT      THE      TIME     OF     INSPECTION     IN     ACCORDANCE     WITH 
RSA     1  4  J- A :6 . 

14J-A:1S        APPROVAL     OF     PLANS.         WHEN     A     FOOD-SERVICE     ESTABLISHMENT      IS     CON- 
STRUCTED    OR     REMODELED/     OR     WHEN     AN     EXISTING     STRUCTURE      IS     CONVERTED     FOR 
USE     AS     '      FOOO-SERVICE     ESTABLISHMENT,     PROPERLY     PREPARED     PLANS     AND     SPECIF- 
ICATIONS    FOR     SUCH    CONSTRUCTION/     REMODELING/     OR    ALTERATION/     SHOWING 
LAYOUT     ARRANGEMENT,     CONSTRUCTION     OF     MATERIALS     OF     WORK     AREAS/     AND     THE 
LOCATION/     SIZE     AND     TYPE     OF     FIXED     EQUIPMENT     AND     FACILITIES     SHALL     BE      SUB- 
MITTED    IN    DUPLICATE     TO     THE     DIRECTOR    FOR     APPROVAL     BEFORE     SUCH    WORK     IS 
BEGUN. 

143-A:U        FOOO-SERVICE     EQUIPMENT.        ALL     NEW    MULTI-USE     UTENSILS     AND 
EQUIPMENT     SHALL     MEET     CURRENT     NATIONAL     SANITATION     FOUNDATIONS     STANDARDS 
OR    IHEIR     EQUIVALENT     AS     DETERMINED    BY     THE     DIRECTOR.        IF     NO     STANDARD 
EXISTS     FOR     THE     ITEM     IT     SHALL     BE     DETERMINED    SATISFACTORY     IF     IT     IS     SO 
DESIGNED     AND     OF     SUCH    MATERIAL     AND    WORKMANSHIP     AS     TO    BE     SMOOTH/     EASILY 
CLEANABLE     AND    DURABLE/     AND     SHALL     BE     IN    6000     REPAIR,     AND     THE     FOOO- 
CONTACT     SURFACES     OF     SUCH     EQUIPMENT     AND    UTENSILS     SHALL     IN    ADDITION    BE 
RELATIVELY     NON-ABSORBENT. 

1<.J-A:15        SEIZURE    AND     RESTRAINT.        ANY     ITEM    OF     EQUIPMENT     OR     ANY    UTENSIL 
USED     IN     FOOD-SERVICE     ESTABLISHMENTS     FOUND     IN     VIOLATION     OF     THIS    CHAPTER 
SHALL     BE     SUBJECT     TO     SEIZURE     AND    RESTRAINT     AS     PROVIDED     IN     RSA     130:6. 
ALL     ADULTERATED     AND     MISBRANOED     FOODS     SHALL     BE      SUBJECT     TO     EMBARGO     AND 
CONDEMNATION     AS     PROVIDED     IN     RSA     146:20. 

143-A:16        FOOO-BORNE     DISEASE. 

I.  ANY     PERSON    HAVING    KNOWLEDGE     OF     OR     SUSPECTING    A     FOOD-BORNE 
DISEASE     OUTBREAK     SHALL     REPORT      IT     IMMEDIATELY     BY     TELEPHONE     TO     THE     DI- 
VISION   Of    PUBLIC     HEALTH     SERVICES. 

II.  WHEN     THE     DIRECTOR    OR     HIS    REPRESENTATIVE    HAS    REASONABLE    CAUSE 


418  HOUSE  JOURNAL  16FEB82 


H8  0955      P»6£    3<.3     02/09/82 

TO  SUSPECT  THE  POSSIBILITY  Of  DISEASE  TRANSMISSION  f«OM  ANY  FOOD- 
SERVICE ESTABLISHMENT  OR  ITS  EMPLOYEE/  ME  SHALL  MAKE  OR  CAUSE  TO  BE 
MADE  SUCH  INVESTIGATIONS  AS  MAY  BE   INDICATED  AND  SHALL  TAKE  APPROP- 
RIATE  AC  TION. 

1<.3-A:17   PENALTY.   ANY  PERSON  WHO  VIOLATES  ANY  Of  THE  PROVISIONS  OF 
THIS  CHAPTER  OR  ANY  RULES  ADOPTED  UNDER  THIS  CHAPTER  SHALL  BE  GUILTY 
Of  A  VIOLATION  f  OR  THE  FIRST  OffENSE.*  fOR  THE  SECOND  OFFENSE*  HE  Shall 
BE  GUILTY  OF  A  misdemeanor;  and  for  THE  THIRD  AND  SUBSEQUENT  OFFENSES/ 

he  shall  9e  guilty  of  a  misdemeanor  if  a  natural  person,  and  any  other 
person  shall  be  guilty  of  a  felony. 

j5.  milk  inspection  fees.  amend  rsa  184:85  (supp)  as  inserted  by 
196s«  289:1  as  amended  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following: 

184:85   licenses;  fees. 

i.   the  director  may  issue  a  license  to  any  milk  plant,  out-of-state 
milk  plant,  milk  distributor  or  produ c e r- d i s t r  ibu t or  upon  receipt  of  a 
written  application  upon  a  form  furnishej  by  the  director  and  setting 
forth  such  information  concerning  the  applicant  and  his  operation  and 
facilities  as  may  by  rule  be  required.  all  milk  plants  located  within 
the  state  shall  file  with  their  application  a  listing  of  the  names  and 
addresses  of  all  milk  producers  furnishing  them  with  milk  or  milk 
products. 

11.   a  license  will  be  granted  upon  the  express  condition  that  the 
applicant  shall  at  all  times  conduct  his  operation  and  maintain  his 
facilities  in  accordance  with  the  requirements  of  this  subdivision 
and  all  rules  adopted  under  this  subdivision.  all  licenses  shall  be 
issued  for  a  period  of  one  yea«  or  portion  of  a  year  and  expire  on  the 
first  day  of  january  next  following  their  issuance. 

iii.   annual  graduated  license  fees  shall  be  set  by  rules  adopted  by  the 
director,  pursuant  to  rsa  541-a,  and  shall  be  based  on  the  adminis- 
trative costs  associated  with  the  licensing  and  regulation  of  milk 
plants,  milk  distributors  and  ftllk  pr  oduc  e  r -d  i  st  r  i  butor  s  .  ant  licensee 
who  qualifies  in  more  than  one  licensing  category  shall  be  required  to 
pay  only  a  single  license  fee,  but  shall  meet  all  sanitary  requirements 
established  for  each  separate  licensing  category. 

iv.   all  fees  collected  under  this  section  shall  be  forwarded  to  the 
staij  treasurer.  the  state  treasurer  shall  credit  all  moneys  received 
undeh  this  section,  and  interest  received  on  such  money,  to  a  special 


HOUSE  JOURNAL  16FEB82  419 


He  U955       PAGE     H4      02/09/82 

FUND  FROM  WHICH  HE  SHALL  P*r  ALL   THE  EXPENSES  Of   THE  DIVISION   INCIDENT 
TO  THE  LICENSING  AND  REGULATION  OF  MILK  PLANTS,  MILK  DISTRIBUTORS  AND 
MILK  F-RODUC  E  R-D  I  STR  leuTORS.    THIS  FUND  SHALL  NOT  LAPSE. 

J6.    BEVERAGE  INSPECTION  FEES.    AMEND  RSA  1  C I  :  1  1   (SUPP)  AS  AMENDED 
BY  STRIKING  OUT   SAID  SECTION  AND   INSERTING  IN  PLACE   THEREOF  THE 
F  OLLOW I NG : 

i<.5:ii   licenses;  fees. 

I.  UPON  RECEIPT  OF  AN  APPLICATION/   IF  THE   DIVISION  IS  SATISFIED  THAT 
THE  PLANT  OR  PLACE   IS  PROPERLY  EQUIPPED  AND  IN  A  SANITARY  CONDITION,  AND 
THE  PRODUCTS  THEREIN  MANUFACTURED  ARE  NOT   ADULTERATED  OR  MISBRANOED/  II 
SHALL  CAUSE  A  LICENSE  TO  BE  ISSUED  AUTHORISING  THE   APPLICANT  TO  CONDUCT 
SAID  BUSINESS  FOR  THE  PERIOD  OF  ONE  YEAR  OR  FRACTION,  ALL  LICENSES   TO 
EXPIRE   ON  THE   FIRST   DAY  OF  JANUARY  NEXT   FOLLOWING   THEIR   ISSUANCE. 

II.  ANNUAL  GRADUATED  LICENSE  FEES  SHALL  BE  SET  BY  RULES  ADOPTED  BY 
THE  DIRECTOR/  PURSUANT  TO  RSA  541-A.    FEES  SHALL  BE  BASED  ON  THE 

ADMINISTRATIVE  COSTS  ASSOCIATED  WITH  THIS  SUBDIVISION. 

III.  ALL   FEES  COLLECTED  UNDER  THIS  SUBDIVISION  SHALL  BE  FORWARD- 
ED TO   THE  STATE  TREASURER.   THE  STATE  TREASURER  SHALL  CREDIT  ALL 
MONEYS  RECEIVED  UNDER  THIS  SUBDIVISION/  AND  INTEREST  RECEIVED  ON 

SUCH  MONEY/  TO  A  SPECIAL  FUND  FROM  WHICH  HE  SHALL  PAY  ALL  THE  EXPENSES 
OF  THE  DIVISION  INCIDENT  10  THE  ADMINISTRATION  OF   THIS  SUBDIVISION. 
THIS  FUND  SHALL  NOT  LAPSE. 

37.    ESTABLISHMENT  OF  PUBLIC  GUARDIAN  OFFICES.    AMEND  RSA  547-A:2  (SUPP)  AS 
INSERTED  BY   1978/  34:1   OY  STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN  PLACE 
THEREOF   THE   FOLLOWING: 

547-A:2    ESTABLISHMENT  OF  PUBLIC  GUARDIAN  OFFICES.    THERE  ARE  HEREBY  ESTAB- 
LISHED  IN  THE  PROBATE  COURTS  FOR  BELKNAP  AND  MERRIMACK  COUNTIES  PUBLIC 
GUARDIAN  OFFICES.  SUCH  OFFICES  SHALL  BE  CENTRALIZED  IN  ONE  LOCATION  TO 
BE  DETERMINED  BY  THE  JUDGES  OF  THE  PROBATE  COURTS   FOR  BELKNAP  AND  MERRIMACK 
COUNTIES  WITH  The  advice  of  the  GUARDIAN  ADVISORY  COUNCIL  ESTABLISHED 
PURSUANT   TO  RSA  S  i.  7  -  A ;  6  .    IN  ADDITION/   THE  JUDGES  Of  PROBATE  FOR  BELKNAP 
AND  MERRIMACK  COUNTIES  SHALL/   WITH  THE  ADVICE   Of   THE  GUARDIAN  ADVISORY 
COUNCIL/   AUTHORIZE  A  PUBLIC  GUARDIAN  TO  DIRECT  THE  ADMINISTRATIVE  AND 
PROGRAMMATIC  ACTIVITIES  OF  THE  PUBLIC  GUARDIAN  OFFICES. 

IF  THE  PFJOBATE  JUDGES  APPOINT  ONE  PUBLIC  GUARDIAN  TO  DIRECT  THE  ADMINIS- 
TRATION OF  THE  PROGRAM/  UP  TO  AN  ADDITIONAL  J2/500  MAY  at  ADDED  TO  HIS 
SALARY   AT  THE  DISCRETION  Of   THE   JUDGES. 


420  HOUSE  JOURNAL  16FEB82 


He  095S       PAGE    545     02/09/82 

38.    SHELLFISH.    AMEND  RSA  U3:22  AS  AMENDED  BY  STRIKING  OUT  SAID 
SECTION   AND   INSERTING   IN  PLACE   THEREOF   THE   FOLLOWING: 

143:22    CERTIFICATE  REQUIRED.'  LABELING;  RECORDS;  FEES. 

I.  NO  PERSON,  FIRM  OR  CORPORATION  SHALL  OPERATE  AN  ESTABLISH- 
MENT FOR  THE  PROCESSING  OR  PACKING  OF  SHELLFISH  EITHER  SHUCKED  OR  IN 
THE  SHELL  UNTIL  HE  HAS  BEEN  GRANTED  A  CERTIFICATE  BY  THE  DEPARTMENT 
Of  HEALTH  AND  WELFARE/  DIVISION  OF  PUBLIC  HEALTH  SERVICES.    A  CERTIF- 
ICATE SHALL  BE  ISSUED  TO  ANY  ESTABLISHMENT  WHICH  HAS  COMPLIED  WITH 
RULES  ADOPTED  BY  THE  DIRECTOR  OF  THE  DIVISION  OF  PUBLIC  HEALTH  SER- 
VICES RELATIVE  TO  SUCH  CERTIFICATES.   ALL  CERTIFICATES  ISSUED  UNDER 
THIS  SECTION  SHALL  EXPIRE  ON  DECEMBER  31  NEXT  FOLLOWING  THE  DATE  OF 
ISSUANCE  . 

II.  THE  DIRECTOR  SHALL  ADOPT  RULES/  PURSUANT  TO  RSA  541-A/  RELATIVE 
TO  FEES  FOR  CERTIFICATES.   FEES  SHALL  BE  BASED  ON  THE  ADMINISTRATIVE 
COSTS  ASSOCIATED  WITH  THIS  SUBDIVISION  AND  SHALL  BE  GRADUATED  ACCORDING 
TO  THE  SIZE  OF  THE  ESTABLISHMENT  CERTIFIED. 

III.  ALL  CONTAINERS  OF  SHELLFISH  SHALL  SEAR  IDENTIFICATION  IN 
ACCORDANCE  WITH  RULES  ADOPTED  BY  THE  DIRECTOR  OF  THE  DIVISION  OF  PUBLIC 
HEALTH  SERVICES.   AN  ACCURATE  DAILY  RECORD  SHALL  BE  KEPT  BY  ALL  ESTAB- 
LISHMENTS CERTIFIED  LISTING  THE  NAMES  AND  ADDRESSES  OF  ALL  PERSONS 

FROM  WHOM  LOTS  ARE  RECEIVED/  THE  LOCATION  OF   THE  SOURCE  OF   EACH  LOT/  AND 
THE  NAMES  AND  ADDRESSES  OF  ALL  PERSONS  TO  WHOM  LOTS  ARE  SHIPPED  OR  SOLD, 
SUCH  RECORDS  SHALL  BE  KEPT  ON  FILE  FOR  60  DAYS  AND  SHALL  BE  OPEN  TO 
INSPECTION  AT  ANY  TI-«I£  DURING  BUSINESS  HOURS  BY  AGENTS  OF  THE  DIVISION. 

IV.  ALL  FEES  COLLECTED  UNDER  THIS  SUBDIVISION  SHALL  BE  FORWARDED  TO 
THE  STATE  TREASURER.    THE  STATE  TREASURER  SHALL  CREDIT  ALL  MONEYS 
RECEIVED  UNDER  THIS  SUBDIVISION/  AND  INTEREST  RECEIVED  ON  SUCH  MONEY,  TO 
A  SPECIAL  FUND  FROM  WHICH  HE  SHALL  PAY  ALL  THE  EXPENSES  OF   THE  DIVISION 
INCIDENT  TO  THE  ADMINISTRATION  OF  THIS  SUBDIVISION.    THIS  FUND  SHALL 
NOT  LAPSE. 

3<J.    COLD  STORAGE  PLANTS.    AMEND  RSA  14  5:3  AS  AMENDED  BY  STRIKING 
OUT  SAID  SECTION  AND  INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING: 

145:3   LICENSES.   APPLICATION  FOR  SUCH  A  LICENSE  SHALL  BE  MADE  TO  THE 
DIVISION  IN  WRITING/  STATING  THE  LOCATION  OF   THE  PLANT  OR  PLANTS.    ON 
RECEIPT  OF  THE  APPLICATION  THE  DIVISION  Shall   CAUSE  AN  EXAMINATION  OF 
SUCH  PLANT  TO  BE  MADE/   AND  IF   IT   IS  FOUND  TO  BE  IN  A  SANITARY  CONDITION 
AND  OTHERWISE  PROPERLY  EQUIPPED  FOR  THE  BUSINESS  OF  COLO  STORAGE/  A 
LICENSE  SHALL  BE  ISSUED  AUTHORIZING  THE  APPLICANT  TO  OPERATE  A  COLD 


HOUSE  JOURNAL  16FEB82  421 


HB    09S5  PAGE  Jtb  02/09/82 

STORAGE     OR     RE  FRI  GCP  AT  I  '.G     WAREHOUSE     FOR     THE     PERIOD     OF     ONE     YEAH     OH 

FRACTION     OF     A     YEAR.        THE     DIRECTOR     OF     PUBLIC     HEALTH     SERVICES     SHALL     ADOPT     SULES- 

PURSUAfjT      TO     BSA     5t1-A,      RELATIVE     TO     GRADUATED      FEES      FOR     SUCH     LICENSES. 

ALL     FEES     COLLECTED     UNDER     THIS     SECTION     SHALL     BE     FORWARDED     TO     THE     STATE 

TREASURER.         THE      STATE      TREASURER     SHALL     CREDIT      ALL     MONEYS     RECEIVED     UNDER 

THIS     bECTION,     AND     INTEREST     RECEIVED     ON     SUCH     MONEY,      TO     A     SPECIAL     FUND 

FROM     WHICH     HE     SHALL     PAY     ALL     THE     EXPENSES     OF     Th£     DIVISION     INCIDENT 

TO     THE     ADMINISTRATION     OF      THIS     CHAPTER.         THIS      FUND     SHALL     NOT     LAPSE. 

40.  CONTROLLED     DRUGS.         AMEND     RSA     J18-B:4/      I      (SUPP)     AS     INSERTED     BY      1969, 
421:1      AS     AMENDED     BY     STRIKING     OUT     SAID     PARAGRAPH     AND     INSERTING      IN     PLACE 
THEREOF     THE      F  OLL  OWI NG: 

I.        THE     FEE     FOR     SUCH     A    LICENSE     SHALL     BE     SET     IN     RULES     ADOPTED    BY     THE 
DIRECTOR     OF      PUBLIC     HEALTH     SERVICES     IN     ACCORDANCE     WITH     RSA     5 4 1  -  A     AND 
SHALL     BE     GRADUATED     ACCORDING     TO     THE     SWE     OF      ThE     ESTABLISHMENT      LICENSED. 

The  state  treasurer  shall  credit  all  moneys  received  under  this  section, 
AND  interest  received  on  such  money,  to  a  special  fund  from  which  he 

SHALL     pay     all     THE     EXPENSES     OF      THE     DIVISION     INCIDENT     TO     THE      ADMINISTRATION 
Of     THIS     CHAPTER.         THIS      FUND     SHALL     NOT     LAPSE. 

41.  PUBLIC     HEALTH     SERVICES     SPECIAL     FUND.        AMEND     RSA     6:12,      I     (M) 

AND    (N)     (SUPP)     AS    INSERTED    BY     1981,    225:3    AND     1981,    500:2    BY    striking 
OUT     SAIU     SUBPARAGRAPHS     AND     INSERTING     IN     PLACE      THEREOF     THE     FOLLOWING: 

(M)        MONEY     RECEIVED    UNDER     RSA    457:29,     WHICH     SHALL     BE     CREDITED 
TO    THE     SPECIAL     FUND     FOR     DOMESTIC     VIOLENCE     PROGRAMS," 

(N)  THE  SHARE  OF  THE  NORMAL  YIELD  TAX  GOING  TO  THE  DEPARTMENT 
OF  RESOURCES  AND  ECONOMIC  DEVELOPMENT  UNDER  RSA  79:14  WHICH  SHALL  BE 
CREDITED     TO     THE     UNINCORPORATED     PLACES     FOREST     CONSERVATION     FUND,'     AND 

(0)       MONEY     RECEIVED    UNDER    RSA    125:62-A,     143:11,     143:22,     143-A:4; 
184:85,     AND     184:89    which    Shall    BE     CREDITED    TO     THE     PUBLIC    HEALTH 
SERVICES     SPE  C  lAL     FUND. 

42.  NON-LAPSING  funds;  STATE  PRISON.  NOTWITHSTANDING  ANY  OTHER  PRO- 
VISION Of  LAW  THE  SUM  OF  $1,000,000  IN  FISCAL  YEAH  1982  INCLUDED  IN  THE 
APPROPRIATION     IN     PAU    02,     17,     01      (STATE     PRISON)     fOR      IMPACT      ITEMS     SHALL 

NOT     LAPSE     UNTIL     JUNE     JO,     1985,     AND     SHALL     NOT     BE     USED     FOR     ANY     OTHER     PURPOSE. 

45.        NON-LAPSING     funds;     YOUTH     DEVELOPMENT     CENTER.         NOTWITHSTANDING 
ANY     OTHER     PROVISIONS     OF     LAW,      THE      SUM     Of     S105,200     IN     fISCAL      YEAR     1982 
INCLUDED      IN     THE      APPROPRIATION     IN     PAU     02,      18,     05     (NEW     HAMPSHIRE     YOUTH 
DEVELOPMENT     CENTER)      FOR     MAINTENANCE     OWN     FORCES     AND     MAINTENANCE     CON- 
TRACTS    SHALL      NOT      LAPSE      UNTIL     JUNE      50,      1985. 


422  HOUSE  JOURNAL  16FEB82 


H8  095S       PAGE    347     0?/09/82 

44.  REVOLVING  fund;  STATE  PRISON.    THE  STATE   PRISON  IS  AUTHORIZED  TO 
ESTABLISHED  AN  ACCOUNT   FOR  THE  CUSTODY  OF  UNMANAGEABLE  UNMATES  IN  OUT-OF-STATE 
INSTITUTIONS  OR  FEDERAL  PENITENTIARIES  WHEN  NO  SUITABLE   INSTITUTION  EXISTS   IN 
NEW  HAMPSHIRE.    THIS  ACCOUNT  WILL  BE  REVOLVING  FUND/  RETROACTIVE  TO  JULY  1, 
1981/  AND  SHALL   INCLUDE  AN*  FUNDS  IN  SUCH  AN  ACCOUNT  ON  JUNE  30/   1981/  AND  ANV 
FUNDS  APPRPHIATEO  FOR  THAT  PURPOSE   IN  1981/  568:1.02/  1 '/  03.    FUNDS 
RECEIVED  FROM  OTHER  INSTITUTIONS  FOR  THE  CUSTODY  OF  THEIR  INMATES  WILL  8E 
DEPOSITED  TO  THIS  ACCOUNT  TO  REPLENISH  THE  BALANCE  AVAILABLE  TO  A  MAXIMUM 

OF  $25/000.    EXCESS  FUNDS  WILL  BE  DEPOSITED  IN  THE  GENERAL  FUND.    NO  PART 
OF  THIS  ACCOUNT   SHALL  BE  TRANSFERRED  TO  ANY  OTHER  APPROPRIATION  OR 
EXPENDED  FOR  ANY  OTHER  PURPOSE. 

45.  SWE  EPS  T  A<E  S  FUND. 

I.   FUND.   AMEND  RSA  284-21-J  (SUPP)  AS  INSERTED  BY  1963/  52:1  AS 
AMENDED  t3Y  STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN  PLACE  THEREOF  THE 
F  OLLOW 1 NG: 

284:21-J    DISTRIBUTION  OF   FUND. 

I.  THE   STATE  TREASURER  SHALL  CREDIT  ALL  MONEYS  RECEIVED  FROM  THE 
SWEEPSTAKES  COMMISSION/  AND  "INTEREST"  RECEIVED  ON  SUCH  MONEYS/  TO  A  SPECIAL 
FUND  FROM  WHICH  HE  SHALL  PAY  ALL  EXPENSES  OF   THE  COMMISSION  INCIDENT  TO 

THE  ADMINISTRATION  OF   THIS  SUBDIVISION  AND  RSA  287  ON  A  QUARTERLY 
BASIS. 

II.  THE  STATE  TREASURER  SHALL  TRANSFER  AFTER   THE   PAYMENT  OF 

ADMINISTRATIVE  EXPENSES  ON  SEPTEMBER  30/  DECEMBER   31/  MARCH  31  AND  JUNE  30 
OF  EACH  YEAR  ALL  MONEYS  DEPOSITED  INTO  THE  SWEEPSTAKES  FUND  INTO  THE 
STATE  GENERAL  FUND  FOR  THE  CJUARTER  ENDING  ON  THE  DATE  OF  THE  TRANSFER.   i^O 
MORE  THAN  A  TOTAL  OF  $3/000/000  IN  ANY  ONE  FISCAL  YEAR  SHALL  BE  SO  TRANS- 
FERRED.  ANY  EXCESS  SWEEPSTAKES  REVENUE  OVER  THE  DEDICATED  AMOUNTS  SHALL 

BE  DISTRIBUTED  TO  SCHOOL  DISTRICTS  ON  A  FLAT  GRANT  PER  RESIDENT  PUPIL  BASIS. 


II.  INITIAL  TRANSFER.   NOTWITHSTANDING  RSA  2a4:21-J,  THE  STATE 
TREASURER  SHALL/  ON  MARCH  31/   1982/  AND  AFTER  THE  PAYMENT  OF  ADMINIS- 
TRATIVE EXPENSES/  TRANSFER  FROM  THE  SWEEPSTAKES  FUND  TO  THE  GENERAL 
FUND  ALL  MONEYS  WHICH  HAVE  BEEN  PAID  INTO  THE   FUND  DURING  THE  FIRST  3 
QUARTERS  OF  THE  FISCAL  YEAR  1982.   HOWEVER/  THIS  AMOUNT  SHALL  NOT  EXCEED 
$3/000/000. 

III.  CONTINGENCY.   NOTWITHSTANDING  RSA  284:21-J,   II,  IF  HB  27    OF  THE 


HOUSE  JOURNAL  16FEB82  423 


HB  0955       "'AGE    J48     02/09/82 

198  2  SPECIAL   SESSION,  "AN  ACT   RELATIVE  TO  EDUCATIONAL  EXPENSES  FOR  CERTAIN 
HANDICAPPED  CHILDREN  AND  RELATIVE  TO  THE  SPECIAL  EDUCATION  PROGRAM  Of  THE 
CHILD  ANO  ADOLESCENT  UNIT  AT  THE  NEW  HAMPSHIRE  HOSPITAL  AND  MAKING  AN 
APPRO°R I  AT  ION  THEREFOR"  BECOMES  LAW/  ANY  REVENUE  IN  THE  SWEEPSTAKES  FUND 
IN  FISCAL  YEAR  1982  OVER  $5/000/000  AND  UP  TO  $4/100/000  SHALL  BE  DE- 
POSITED  INTO  THE  GENERAL  FUND/  AND  IN  FISCAL   YEAR  1983  ANY  HEVENUE   IN  ThE 
SWEEPSTAKES  FUND  OVER  $2/000/000  AND  UP  TO  $5/850/000  SHALL  BE  DEPOSITED 
INTO  THE  GENERAL  FUND. 

46.    SCHOOL  DISTRICT  APPROPRIATION.    THE   SUM  OF  iJ/OOO/OOO  IS  HEREBY 
APPROPRIATED  FOR  THE  FISCAL  YEAR  ENDING  JUNE   50/   1985/  TO  BE  PAID  OUT  ON 
SEPTEMBER  15/  1982/  TO  THE  SCHOOL  DISTRICTS  OF  THE  STATE  ON  A  FLAT   GRANT 
PER  RESIDENT   PUPIL  BASIS.    THE  GOVERNOR  IS  AUTHORIZED  TO  DRAW  HIS  WARRANT 
FOR  SAID  SUM  OUT  OF  ANY  MONEY   IN  THE  TREASURY  NOT   OTHERWISE  APPROPRIATED. 

t,  ? .         DAM  MAINTENANCE.    AMEND  RSA  481  BY  INSERTING  AFTER  SECTION  28  THE  FOLLOW- 
ING NEW  SECTION: 

DAM  MAINTENANCE   FUND 

481:29  DEFINITIONS:    AS  USED  IN  THIS  CHAPTER/  THE  FOLLOWING 
WORDS  AND  TERMS  SHALL  HAVE  THE  FOLLOWING  MEANINGS  UNLESS  A  CONTRARY 
MEANING   SHALL  APPEAR   IN  THE  TEXT: 

I.  "MINOR  PROJECT"  SHALL  MEAN  MAINTENANCE  WORK  PERFORMED  ON  A 
PERIODIC  BASIS  WITH  COSTS  NOT  EXCEEDING  $20/000. 

II.  "REPAIR"  SHALL  MEAN  PERFORMANCE  OF  INTERMEDIATE  AMOUNTS  OF  WORK 
ON  A  PORTION  OF   A  STRUCTURE  ON  AN  OCCASIONAL   BASIS  WITH  COSTS  NOT 
EXCEEDING  $75/000.  REPAIR  ITEMS  INCLUDE  BUT  ARE  NOT  LIMITED  TO: 
REPLACEMENT  GATES/  REFACING  OF  ERODED  CONCRETE/  REPAIR  OR  REPLACEMENT  OF 
WINGWALLS/  PLACEMENT  OF  RIPRAP  AND  "EMERGENCY"  REPAIRS. 

III.  "RECONSTRUCTION"  SHALL  MEAN  PERFORMANCE  OR  MAJOR  AMOUNTS  OF  WORK 
ON  MOST   IF  NOT  ALL  OF  THE  STRUCTURE  TO  RESTORE  IT  TO  ITS  ORIGINAL  CONDIT 
ION  OR  TO  UPGRADE  IT  TO  CURRENT  DESIGN  STANDARDS  WITH  THE  COST  IN 
EXCESS  OF  $75/000. 

IV.  "EMERGENCY"  SHALL  MEAN  A  CIRCUMSTANCE   WHEREBY  LIFE  OR  PROPERTY 
ARE  THREATENED  OR  WILL  BE  THREATENED  UNLESS  WORK  IS  PERFORMED  IN  A 

T  IMEL  Y  M ANNE  R. 

V.  "FORCE  ACCOUNT"  SHALL  MEAN  USE  OF  A  WORK  FORCE  AND  EQUIPMENT 
DIRECTLY  ON  THE  STATE  PAYROLL/  INCLUDING  RENTED  EQUIPMENT  AND 
ASSOCIATED  LABOR  AT  CURRENT  STATE  OF  NEW  HAMPSHIRE  EQUIPMENT 


424  HOUSE  JOURNAL  16FEB82 

HB    0955  PAGE  349  02/09/iZ 

RENTAL     P  ATES  . 

VI.         "CONTRACT     CONSTRUCTION"     SHALL     MEAN     WORK     PERfORMEO     AFTER 
COMPETITIVE     810     BY     USE     Of    AN     INDEPENDENT     CONTRACTOR     IN    COMBINATION 
WITH     THE     CONSTRUCTION     DIVISION     OF     THE     WATER     RESOURCES     BOARD. 

481:J0        FUND     ESTABLISHED.        IN     ORDER     FOR     THE     STATE     OF     NEW    HAMPSHIRE     TO 
MEET     ITS     COMMITMENTS     TO    MAINTAIN     ITS     DAMS     AND     IMPOUNDMENTS     FOR     FUTURE 
GENERATIONS     AND     PROMOTE     THE     SAFETY     OF     THE     PUBLIC/     THERE     IS     HEREBY 
ESTABLISHED     A     DAM    MAINTENANCE      FUND     TO     COVER     THE     COST     OF     PERFORMING 
WORK     ON     STATE-OWNED     DAMS.        THIS     FUND     SHALL     BE     NON-LAPSING. 

481:31        BONOS    AUTHORIZED.        TO     PROVIDE     WORKING     CAPITAL     FOR     INITIATION 
Of     THE     FUND     ESTABLISHED     IN    48  1:30    ABOVE*     THE     STATE     TREASURER     IS    HEREBY 
AUTHORIZED     TO    BORROW    UPON    THE     CREDIT     OF     THE     STATE     THE     SUM    OF     $2,200/000 
AND    FOR     SAID    PURPOSE    SHALL     ISSUE    BONOS    AND    NOTES     IN    THE    NAME    Of     AND    ON 
BEHALF     Of     THE     STATE     Of     NEW    HAMPSHIRE     IN     ACCORDANCE     WITH     RSA     6-A. 

481:32        HYDRO     fUNOS.        REVENUE     TO     THE     STATE     RESULTING     fROM     THE     LEASING 

Of     STATE-OWNED     DAMS     fOR    HYDROELECTRIC     GENERATION     SHALL    BE     CREDITED 

TO    THE     fUND     ESTABLISHED     IN    RSA     481:30     FOR     THE     PURPOSE 

OF     THE     RETIREMENT     OF     BONDS     AND     NOTES     AUTHORIZED     BY     RSA     481:31.        ANY     AMOUNT 

Of     REVENL'E     OVER     AND     ABOVE     THE     AMOUNT     REQUIRED      TO     RETIRE     SAID     BONDS 

SHALL     BE      CREDITED     TO     THE     0AM     MAINTENANCE      fUNO     FOR     THE     REPAIR     AND 

RECONSTRUCTION     Of     OTHER     STATE-OWNED     DAMS     AUTHORIZED     BY     THE      LEGISLATURE     AMD 

WITH     THE     APPROVAL    Of     GOVERNOR     AND     COUNCIL. 

481:33        EXPENDITURE.        NOTWITHSTANDING     OTHER     PROVISIONS    OF     THE     LAW 
THE     NEW     HAMPSHIRE     WATER     RESOURCES     BOARD     MAr     EXPEND     SUCH     SUMS     FROM 
THE     DAM     MAINTENANCE      FUND     AS     ARE     NECESSARY     FOR     PERFORMANCE     Of     WORK     ON 
STATE-OWNED     DAMS     IN     THE     fOLLOWiNG     CATEGORIES: 

I.  MINOR     PROJECTS     AND    EMERGENCY     REPAIRS/     WHICH     MAY     BE     COMPLETED     BY 
fORCE     ACCOUNT    METHODS     BY     THE     CONSTRUCTION    DIVISION    OF     THE     WATER 
RESOURCES    BOARD     IN    ACCORDANCE     WITH     THE     PROVISIONS     OF     THE    MANUAL 

OF     PROCE  DURE . 

II.  REPAIR  PROJECTS/  WHICH  MAY  BE  COMPLETED  BY  FORCE  ACCOUNT  METHODS  BY  THE 
CONSTRUCTION  DIVISION  OF  THE  WATER  RESOURCES  BOARD  AND  SHALL  BE  AUTHORIZED 

RT  THE  LEGISLATURE  AND  WITH  THE  APPROVAL  OF  GOVERNOR  AND  COUNCIL. 

III.  RECONSTRUCTION  PROJECTS/  WHICH  SHALL  BE  COMPLETED  BY  CONTRACT 
CONSTRUCTION  OR  FORCE  ACCOUNT  AND  SHALL  AUTHORIZED  BY  THE  LEGISLATURE 
AND  APPROVED  OY  GOVERNOR  AND  COUNCIL. 


HOUSE  JOURNAL  16FEB82  425 


HB  n>>S5       PAGE    350     02/09/82 

4S.    DAMS  AUTHORIZED  FOR  REPAIR  AND/OR  RECONSTRUCTION. 

I.   IT  IS  HEREBY  DETERMINED  TO  BE  NECESSARY  TO  REPAIR  AND/OR  RECONSTRUCT 
The  fOLLOUING  DAMS  IN  THE  INTEREST  Of  PUBLIC   SAfETY  AND  OENEFIT 
AND  E  XPF  .'JDI  TuRE  Of  SUCH  SUMS  AS  IS  NECESSARY  IS  auThORWED. 
(A.)   WATER  RESOURCES  DAMS 

(1.)    GOOSE  POND  DAM/  CANAAN  AND  HANOVER 
(2.)    CRYSTAL  LAKE  DAM,  ENflELO 
(3.)    PAWTUCKAWAY  LAKE  DIKES/   NOTTINGHAM 
<C.)    KELLEY  FALLS  DAM,  MANCHESTER 
(5.)   GREGG  fALLS  0AM,  GOffSTOWN 
(B.  )    OTHER  STATE  DAMS 

(1.)   DEPARTMENT  Of  RESOURCES  AND  ECONOMIC  DEVELOPMENT 
(A.)    MAY  POND  0AM,  WASHINGTON 
(B.)   PISGAH  RESERVOIR/  WINCHESTER 
(2.)    fISH  AND  GAME   DEPARTMENT 

(A.)   MERRY MEETING  LAKE,  NEW  DURHAM 
(B.)   NEW  DURHAM  POND,  NEW  DURHAM 
(C.)   ALTON  POWER  DAM,  ALTON 


I  I  .    APPROPR  I  AT  I  ON. 

THE  SUMS  Of  tl/800/000  fOR  THE  REPAIR  AND  RECONSTRUCTION  Of  THE  OAMS 
CONTAINED  IN  PARAGRAPH  I  OF  THIS  SECTION  AND  S400/000  fOR  MINOR  REPAIR  OR 
RECONSTRUCTION  PROJECTS  AUTHORIZED  BY  THIS  ACT  ARE  HEREBY  APPROPRIATED 
FROM  THE  DAM  MAINTENANCE  FUND  ESTABLISHED  BY   THIS  ACT.    THIS  APPROPRIATION 
SHALL  BE  NON-LAPSING. 

49.  FEES  ON  BONOS.  AMEND  RSA  270:5/  VII  (SUPP.)  AS  INSERTED  BY  1969/  <.89:2 
AS  AMENDED  BY  STRIKING  OUT  SAID  PARAGRAPH  AND  INSERTING  IN  PLACE  THEREOF  THE 
FOLLOWING: 

VII.    ADDITIONAL  REGISTRATION  FEES.   THERE  SHALL  BE  PAID  TO  SAID 
DIRECTOR  IN  ADDITION  TO  THE  FEES  REQUIRED  BY  PARAGRAPH  III  AN 
ADDITIONAL  FEE  OF  $1  FOR  EACH  REGISTRATION  REQUIRED  BY  SAID  PARAGRAPH. 
THE  DIRECTOR  Of  THE  DIVISION  Of  MOTOR  VEHICLES  SHALL  PAY  OVER  SAID 
ADDITIONAL  fEES  TO  THE  STATE  TREASURER  WHO  SHALL  DEPOSIT  SAIO  fEES  IN  THE 
GENERAL  fUND  AS  UNRESTRICTED  REVENUE. 

50.  CHANGE  IN  TIME  fOR  DISTRIBUTION.   AMEND  RSA  77:54  (SUPP)  AS 
AMENDED  BY  STRIKING  OUT   IN  LINE  3  THE  DATE  "AUGUST  1/  1981"  AND 
INSERTING  IN  PLACE  THEREOf  THE  FOLLOWING  (SEPTEMBER  1/  1982)  SO  THAT 


426  HOUSE  JOURNAL  16FEB82 

HB  0955       PAGE    351      02/09/82 

SAIO  SECTION  AS  AMENDED  SHALL  READ  AS  FOLLOWS: 

77:J4    DISTRIBUTION.    A  SUM  EQUAL  TO  50  PERCENT  OF  THE  DISTRIBUTION 
HADE   TO   THE  CITIES  AND   TOWNS  IN  FISCAL  YEAR  1980  SHALL  BE   DISRIBUTED  ON 
SEPTEIOER  1/   1982/  AND   FOR  EACH  FISCAL  YEAR  THEREAFTER  SO  LONG  AS  THE 
INTEREST  AND  DIVIDENDS   TAX  REMAINS  IN  EFFECT.    THE  REMAINING  BALANCE 
SHALL  GO  TO  THE  GENERAL  FUND.    PROVIDED  THAT   ANY   INTEREST  AND  PENALTIES 
COLLECTED  THEREON  MAY  BE  RETAINED  BY  THE   STATE  AND  APPLIED   10  THE 
EXPENSE   OF   ADMINISTRATION. 

51,  CHANGE   IN  TIME  OF  PAYMENT.    AMEND  RSA  Jl-A:5   (SUPP)  AS 
INSERTED  BY   1970/  5:16  AS  AMENDED  BY  STRIKING  OUT   SAID  SECTION  AND 
INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING: 

J  1  -A  :  5    TIME   OF   PAYMEN  T  . 

:.    IN  EACH  YEAR  SUSEOUENT  TO  1981   THE  STATE  TREASURER  SHALL  PAY 

OVER  TC  EACH  CITY  OR  TOWN  THE  AMOUNT  DUE   TO  IT  IN  INSTALLMENTS  AS 

FOLLOWS:   W2  ON  SEPTEMBER  15/  AND  1/2  ON  DECEMBER  15. 

II.    IF  A  CITY  OR   TOWN  HAS  ADOPTED  OR  AT  ANY  TIME  ADOPTS  A  FISCAL 
YEAR  ENDING  IN  JUNE   THE  STATE   TREASURER/  STARTING  WITH  THE   YEAR  1982  IN 
THE  CASE  OF  A  CITY  OR  TOWN  WHICH  HAS  ALREADY  ADOPTED  SUCH  A  FISCAL  YEAR 
AND  STARTING  IN  THE  YEAR  IN  WHICH  THE   FISCAL   YEAR  CHANGE  TAKES  EFFECT  IN 
THE  CASE  OF  A  CITY  OR   TOWN  HEREAFTER  ADOPTING  SUCH  A  FISCAL  YEAR/  AND 
EACH  YEAR   THEREAFTER   IN  BOTH  CASES  SHALL  MAKE  PAYMENTS  IN   INSTALLMENTS 
AS  FOLLOWS:   1/4  ON  MARCH  15."   1/4  ON  JUNE  15;   AND  1/2  ON  DECEMBER  15. 
THERE   IS  HEREBY  APPROPRIATED  FOR  EACH  FISCAL   YEAR  A  SUM  SUFFICIENT   TO 
MAKE  THE  PAYMENTS  PROVIDED  FOR  BY  THIS  SECTION.    THE  GOVERNOR   IS 
AUTHORIZED  TO  DRAW  HIS  WARRANT  FOR  THE  SUMS  APPROPRIATED  BY  THIS  SECTION 
OUT  OF  ANY  MONEY   IN  THE  TREASURY  NOT  OTHERWISE  APPROPRIATED. 

52.  CHANGE   IN  TIME   FOR  DISTRIBUTION.    AMEND  RSA  84:16-E  AS 
INSERTED  DY  1961/  249:1  BY  STRIKING  OUT  SAIO  SECTION  AND  INSERTING   IN 
PLACE   THEREOF  THE  FOLLOWING: 

84:16-E    DlSTRIBUTIOfJ.    THE  COMMISSIONER  OF  REVENUE  ADMINISTRATION  SHALL 
CERTIFY  TO  THE  STATE  TREASURER/  ON  OR  BEFORE  SEPTEMBER  1  AFTER  PAYMENT  OF  THE 
TAXES  HAS  BEEN  RECEIVED/  THE  AMOUNT  TO  BE  PAID  TO  EACH  TOWN  IN  THE  STATE  IN 
WHICH  DEPOSITORS/  SHAREHOLDERS  OR  STOCKHOLDERS  OF  ANY  SUCH  CORPORATION 
RESIDE/   OF  THE  TAXES  SO  ASSESSED  UPON  ANY  SUCH  CORPORATION  WITH  RESPECT 
TO  THE  DIVIDENDS/  SHARES  AND  STOCK  OF  RESIDENTS  OF  SUCH  TOWNS/  WHICH 
SHALL  BE  DISTRIBUTED  TO  THE  RESPECTIVE  TOWNS  BY  THE  STATE  TREASURER. 
SUCH  DISTRIBUTION  SHALL  BE  MADE  AMONG  THE  RESPECTIVE  TOWNS/   IN  AMOUNTS 
PROPORTIONAL/  AS  CLOSELY  AS  REASONABLY  POSSIBLE/  TO  THE  AMOUNT  OF  ALL 


HOUSE  JOURNAL  16FEB82  427 


H9  09SS      PAGE    55?     02/09/8? 

SAVINGS  AND  SPECIAL  DEPOSITS/  SHARES  AND  CAPITAL  STOCK  BELONGING  TO 
THE  RESIDENTS  OF  EACH  SUCH  TOWN/  AS  DETERMINED  BY  THE  C OHM .  OF  REVENUE 
ADMINISTRATION.  THE  PORTION  OF  SUCH  TAXES  NOT  DISTRIBUTABLE  TO  TOWNS/  AS 
AS  PROVIDED  IN  THIS  SECTION/WHICH  IS  COLLECTED  FROM  INSTITUTIONS  WHICH  ARE 
SUBJECT  TO  THE  EXAMINATION  AND  SUPERVISION  OF  THE  BANK  COMMISSIONER  AS  PROVIDED 
IN  RSA   333:9   SHALL  BE   RETAINED   IN  THE   STATE   TREASURY  AND  APPLIED  AGAINST 

THE   COST   OF    SUCH   Examination   and   supervision    and   the   remainder  of   such 

NON-DISTRIBUTABLE  TAXES  COLLECTED  FROM  INSTITUTIONS  NOT  SUBJECT  TO  THE 
jurisdiction  OF  THE  BANK  COMMISSIONER/  SHALL  ALSO  BE  SO  RETAINED  AND 
SHALL  BE  EXPENDED  FOR  THE  PURPOSE  OF  RSA  198:8  TO  15. 

53.  CHANGE   IN  TIME  OF  PAYMENT  TO  SCHOOL  DISTRICTS.    AMEND 

RSA  198:10-8  BY  STRIKING  OUT  IN  LINES  4  AND  5  THE  WORDS  "OR  BEFORE  JANUARY 
FIFTEENTH"  AND  INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING  (APRIL  15) 
SO  THAT   SAID  SECTION  AS  AMENDED  SHALL  READ  AS  FOLLOWS: 

198:10-B   --TO  WHOM  PAID.   FOUNDATION  AID  SHALL  BE  PAID  TO  THE  SCHOOL 
DISTRICT  LEGALLY  RESPONSIBLE  FOR  THE  EDUCATION  OF  TM£  PUPILS  WHO  ATTEND 
APPROVED  PUBLIC  SCHOOLS  WITHIN  THE  DISTRICT  OR  IN  OTHER  DISTRICTS/ 
AS  THE  CASE  MAY  BE.   PAYMENT  OF  FOUNDATION  AID  SHALL  BE  MADE  ON 
APRIL  15  IN  THE  FISCAL  YEAR  FOR  WHICH  SUCH  AID  IS  DUE. 

54.  CHANGE  IN  DATE  FOR  DISTRIBUTION  OF  AID  TO  SCHOOL  DISTRICTS 

FOR  SPECIAL  EDUCATION  PROGRAMS.   AMEND  RSA  186-C:18/  VI  (A)  AS  INSERTED 
BY  1981/  352:?  BY  STRIKING  OUT  SAID  SUBPARAGRAPH  AND  INSERTING  IN 
PLACE  THEREOF  THE  FOLLOWING: 

(A)   50  PERCENT  OF  THE  AMOUNT  APPROPRIATED  UNDER  PARAGRAPH  II  ON 
NOVEMBER  15  AND  50  PERCENT  OF  THE  AMOUNT  APPROPRIATED  ON  APRIL  15. 

55.  REPEAL. 

I.  1981/    568:38/    RELATIVE    TO    CHANGES     IN    BUSINESS     PROFITS    TAX     DISTRIBUTION/ 
SCHEDULED    TO     TAKE    EFFECT     ON    JULY     1/     1984/     IS     HEREBY     REPEALED. 

II.  1981/     563:40/    RELATIVE    TO    COHNUNITT    LIVING    FACIL1TI«-S     /     IS    HEREBY 
nEPEALEO. 

56.  HOLIDAY     CREDIT     PROHIBITED.        AMEND    RSA    99:2.     E     (SUPP)     AS    AMENDED 
BY    STRIKING    OUT     SAID    PARAGRAPH    AND     INSERTING     IN    PLACE     THEREOF     THE 
FOLLOWING: 

(E)       OTHER    PROVISIONS    OF    LAW    NOT Wl THST A NOl NG#    CLASSIFIED    STATE 
EMPLOYEES    WHO    ARE    TOTALLY    DISABLED     AS     A    RESULT    OF     WORK-CONNECTED 

HB    0955  PAGE  353  02/09/82 

ACCIDENTAL     INJURY    SHALL     BE     ENTITLED    TO    ALL    WORKMEN'S     COMPENSATION 
BENEFITS     UNDER    RSA    281/     AND    BY     ELECTION    OF     SAID    EMPLOYEES/     TO    SICK     OR 
ANNUAL     LEAVE     BENEFITS     EXCEPT     THAT     THE     COMBINATION    OF     WORKMEN'S    COM- 
PENSATION   AND    SICK    OR     ANNUAL     LEAVE    SENEflTS     SHALL     NOT     EXCEED     SUCH 
EMPLOYEES'     FULL     PAY/     SUBJECT     TO    PAYROLL     DEDUCTIONS     WITH     RESPECT     TO 


428  HOUSE  JOURNAL  16FEB82 


HP    0955  PAGE  554  03/09/8? 

SICK     OK      ANNUAL     LEAVE     BENuflTS;     PROVIDED/     HOWEVER/      THAT     ANY      EMPLOYEE     ON 
WORK^IEN'i     COMPENSATION     SHALL     NOT     BE     ENTITLED     TO    HAVE     EACH     HOLIDAY     ADDED 
TO     ANNUAL     LEAVE      A  C  C  U  ■•tU  L  A  T  1  0  N .         THE     COMPTROLLER     IS     HEREBY     DIRECTED     TO 
MAINTAIN     SEPARATE     ACCOUNTS     fOR     THE     PAYMENT     Of      WAGE     BENEFITS     AND     MEDICAL 
COSTS      PURSUANT     TO     WORKMEN'S     COMPENSATION     BENEFITS      fOR      STATE      EMPLOYEES. 

57.  STATE     RACING    COMrilSSION     ABOLISHED. 

I.         RSA     284:6/     RELATIVE     TO     THE     STATE     RACING    COMMISSION/      IS     HEREBY 
REPEALED  . 

58.  GREYHOUND     AND     HORSE     RACING     COMMISSION. 

I.   AMEND  RSA  28  4:6-A  AS  INSERTED  BY  1971/  541:13  BY  STRIKING  OUT 
SAID  SECTION  AND  INSERTING  IN  PLACE  THEREOF   THE  FOLLOWING: 

?84:6-A    STATE  GREYHOUND  AND  HORSE  RACING  COMMISSION. 

I.  THERE  SHALL  BE  A  STATE  GREYHOUND  AND  HORSE  RACING  COMMISSION 
CONSISTING  OF  5  MEMBERS  APPOINTED  BY  THE  GOVERNOR  WITH  THE   ADVICE  AND 
CONSENT  OF  THE  COUNCIL.   TWO  OF  THE  MEMBERS  SHALL  REPRESENT  THE  INTERESTS 
OF  GREYHOUND  RACING.   ONE  MEMBER  SHALL  REPRESENT  THE  INTERESTS  OF 
THOROUGHBRED  HORSE  RACING.   ONE  MEMBER  SHALL  REPRESENT  THE 

INTERESTS  OF  HARNESS  HORSE  RACING.  THE  FIFTH  MEMBER  SHALL  REPRESENT  THE  PUBLIC 
SUCH  PUBLIC  MEMBER  SHALL  BE  A  PERSON  WHO  IS  NOT  AND  NEVER  WAS  PREVIOUSLY 
ASSOCIATED  WITH  GREYHOUND  OR  HORSE  RACING/  NOR  The  SPOUSE  OF  ANY  SUCH 
PERSON/  AND  WHO  DOES  NOT  HAVE   AND  NEVER  HAS  HAD  A  MATERIAL   FINANCIAL  INTEREST 
IN  GREYHOUND  OR  HORSE  RACING  OR  AN  ACTIVITY  DIRECTLY  RELATED  TO  EITHER  TYPE 
OF  RACING  INCLUDING  THE  REPRESENTATION  OF  ANY  PERSON  ASSOCIATED  WITH  GREY- 
HOUND OR  HORSE  RACING  FOR  A  FEE  AT  ANYTIME  DURING  THE  5  YEARS  PRE- 
CEDING APPOINTMENT.    EACH  MEMBER  SHALL  HOLD  OFFICE  FOR  A  TERM  OF  3  YEARS 
AND  UNTIL  HIS  SUCCESSOR  HAS  BEEN  APPOINTED  AND  QUALIFIED.    ANY  VACANCY 
SHALL  BE  FILLED  FOR  THE  UNEXPIRED  TERM.   ANNUALLY/  ONE  MEMBER  SHALL  BE 
CHOSEN  CHAIRMAN  BY  THE  COMMISSION/  AND  ONE  SHALL  BE  CHOSEN  AS  SECRETARY. 

II.  THE  GREYHOUND  RACING  COMMISSION  SHALL  ASSUME   THE  POWERS/  RIGHTS/ 
DUTIES  AriD  RESPONSIBILITIES  GRANTED  THE  STATE   RACING  COMMISSION  UNDER 
RSA  ?34/  AND  ANY  JJEFERENCE  TO  THE  STATE  RACING  COMMISSION  IN  RSA  284  OR 
OTHER  RSA  CITES  SHALL  BE  DEEMED  TO  REFER  TO  THE  NEW  HAMPSHIRE   STATE 


HOUSE  JOURNAL  16FEB82  429 


HB  09S5       PAGE    JS5     02/09/82 

GREYHOUND  AND  HORSE  RACING  COMMISSION.    THE  NEW  HAMPSHIRE  GRETHOUNO  AND 
HORSE  RACING  COMMISSION  SHALL/  IN  CARRYING  OUT  THE  PURPOSE  Of  THIS 
CHAPTER/  USE   THE  APPLICABLE  PROVISIONS  fOR  HORSE   RACING  INDEPENDENT  Of  THE 
APPLICABLE  PROVISIONS  fOR  006  RACING. 

II.  POWERS  AND  DUTIES  Of  STATE  RACING  COMMISSION  TRANSfERREO.    ALL  Of 

THE  fUNCTIONS/  POWERS/  DUTIES/  APPROPRIATIONS/  RECORDS  AND  PROPERTY  Of  THE 
STATE   RACING  COMMISSION  ARE  HEREBY  TRANSfERREO  10  AND  VESTED  IN  THE  NEW 
HAMPSHIRE  GREYHOUND  AND  HORSE  RACING  COMMISSION.    WHEREVER  REfERENCE  IS 
MADE  IN  THE  STATUTES  TO  POWERS  AND  DUTIES  Of  THE  STATE  RACING  COMMISSION  IT 
SHALL  HENCEfORTH  BE  CONSTRUED  TO  MEAN  THE  NEW  HAMPSHIRE  GREYHOUND  AND  HORSE 
RACING  COMMISSION.   UPON  THE  ENACTMENT  OF  THIS  ACT/  THE  TENURE  Of  THE 
MEMBERS  Of  THE  STATE  RACING  COMMISSION  AS  RACING  COMMISSIONERS  AND  THE 
POSITIONS  HELD  BY  CLASSIflEO  PERSONNEL  WORKING  fOR  SAID  COMMISSION  SHALL 
TERMINAT  E. 

III.  INITIAL  APPOINTMENTS  TO  COMMISSION.   NOTWITHSTANDING  THE  AMENDMENTS 
TO  RSA  28^:6-A  MADE  BY  THIS  ACT/  WHEN  THE  STATE  GREYHOUND  AND  HORSE  RACING 
COMMISSION  IS  fIRST  ESTABLISHED/  THE  2  GREYHOUND  COMMISSION  MEMBERS  WHOSE 
TERMS  HAVE  NOT  EXPIRED  SHALL  SERVE  ON  THE  NEW  COMMISSION  UNTIL  THEIR 
GREYHOUND  COMMISSION  TERMS  WOULD  HAVE  EXPIRED  UNDER  THE  OLD  LAW  AND  UNTIL  A 
SUCCESSOR  IS  APPOINTED  AND  CONFIRMED  BY  THE  GOVERNOR  AND  COUNCIL  AND  THE  2 
RACING  COMMISSION  MEMBERS  WHOSE  TERMS  HAVE  NOT  EXPIRED  SHALL  SERVE  ON  THE 
NEW  COMMISSION  UNTIL  THEIR  RACING  COMMISSION  TERMS  WOULD  HAVE  EXPIRED  AND 
UNTIL  A  SUCCESSOR  IS  APPOINTED  AND  CONFIRMED  BY  THE  GOVERNOR  AND  COUNCIL. 
THE  FIRST  PUBLIC  MEMBER  APPOINTED  TO  THE  GREYHOUND  HORSE  RACING  COMMISSION 
SHALL  SERVE  A  ONE  YEAR  TERM.   THEREAFTER  THE  APPROPRIATE  APPOINTMENTS  SHALL 
BE  MADE  FOR  FULL  3  YEAR  TERMS. 

V.   OfflCE.   AMEND  RSA  284:7  BY  STRIKING  OUT  SAID  SECTION  AND  INSERTING 
IN  PLACE  THEREOF  THE  FOLLOWING: 

284:7   OFFICE.   THE  STATE  GREYHOUND  AND  HORSE  RACING  COMMISSION  SHALL 

HAVE  ONE  OFFICE  IN  CONCORD  AND  DURING  THE  TIME  IN  WHICH  RACING  IS  CONDUCTED 

IN  THE  STATE  MAY  MAINTAIN  BRANCH  OFflCES  ELSEWHERE. 

59.  CHILD  SUPPORT  PROGRAM  FUNDS.   OTHER  PROVISIONS  OF  LAW  NOTWITHSTANDING  THE 
BALANCE  AVAILABLE  IN  THE  CHILD  SUPPORT  INCENTIVE  PROGRAM  IN  THE  DIVISION 

OF  WELFARE  IV-D  PROGRAM  SHALL  BE  LAPSED  TO  THE  GENERAL  FUND  ON 
JUNE   50/   198?.    (ESTIMATED  AMOUNT  J1/107/000) 

60.  FEES  FOR  PUBLICATION.   NOTWITHSTANDING  ANY  OTHER  PROVISION 
OF  THE  LAW/  ALL  STATE  AGENCIES  ARE  HEREBY  AUTHORIZED  TO  ESTABLISH 


430  HOUSE  JOURNAL  16FEB82 


HB  0955       PAGE    356     02/09/8? 

AND  COLLECT   FEES  fOR  PUBLICATIONS  THEr  PRODUCE  AND  DISSEMINATE.    FEES 
COLLECTED  UNDER  AUTHORITY  OF  THIS  SECTION  AND  UNDER  ANY  OTHER  PRO- 
VISION OF  LAW  RELATING  TO  FEES  FOR  PUBLICATIONS  SHALL  8E  RETURNED  TO 
THE  GENERAL  FUND  AND  SHALL  NOT  INURE  TO  THE  ACCOUNT  OF  THE  AGENCY  PRE- 
PARING AND  DISTRIBUTING  SAID  PUBLICATION. 

61.  ASSISTANT  STATE  TREASURER.    AMEND  RSA  6  BY  INSERTING  AFTER  SECTION  ?7 
THE  FOLLOWING  NEW  SUBDIVISION: 

ASSISTANT  STATE  TREASURER 

6:28   appointment;  removal.   the  state  TREASURER  SHALL  APPOINT  AN 
ASSISTANT  STATE  TREASURER  WHO  SHALL  HOLD  OFFICE  DURING  GOOD  BEHAVIOR.   THE 
GOVERNOR  AND  COUNCIL  MAY  REMOVE  THE  ASSISTANT   FOR  CAUSE  AS  THEY  MAY  REMOVE 
THE  T  RE  A  SURE  R. 

6:29   oath;  BONO.   BEFORE  ENTERING  UPON  THE  DUTIES  OF  THE  OFFICE*  THE 
ASSISTANT  STATE  TREASURER  SHALL  BE  SWORN,  AND  SHALL  GIVE  BOND  TO  THE  STATE 
IN  THE  SUM  OF  $40,000/  WITH  SUFFICIENT  SURETIES  TO  BE  APPROVED  BY  THE 
GOVERNOR  AND  COUNCIL,  CONDITIONED  ON  THE   FAITHFUL  DISCHARGE  OF  THE   DUTIES 
OF  THE  OFFICE.   THE  BOND  SHALL  BE  FILED  AND  PRESERVED  IN  THE  OFFICE  OF  THE 
SECRETARY  OF  STATE. 

6:50   DUTIES.   THE  ASSISTANT  STATE  TREASURER  SHALL  PERFORM  SUCH  DUTIES 
AS  MAY  BE  ASSIGNED  TO  HIM  BY  THE  STATE  TREASURER.    DURING  THE  ABSENCE  OR 
DISABILITY  OF  THE  TREASURER  AND  DEPUTY  TREASURER  HE  SHALL  PERFORM  ALL  THE 
DUTIES  OF  THE  OFFICE  OF  STATE  TREASURER. 

6:51    SALARY.    THE  ANNUAL  SALARY  OF  THE  ASSISTANT   STATE  TREASURER  SHALL  BE  THAT 
ESTABLISHED  BY  RSA  94:1-A. 

62.  POSITION  FILLED.   NOTWITHSTANDING  RSA  6:28  AS  INSERTED  BY  SECTION  61  OF 
THIS  ACT,  THE  SUPERVISOR  OF  DISBURSEMENTS  IN  THE  STATE  TREASURY  SHALL  BECOME  THE 
THE  ASSISTANT  STATE  TREASURER  ON  THE  EFFECTIVE  DATE  OF  THIS  ACT.    THE  POSITION 
OF  SUPERVISOR  OF  DISBURSEMENTS  IS  HEREBY  ABOLISHED. 

65.   SALARY  OF  ASSISTANT  STATE  TREASURER.   AMEND  RSA  94:1-A,  I(SUPP)  AS  AMENDED 
BY  INSERTING  IN  GROUP  K    -    ASSISTANT  STATE  TREASURER. 

64.   STATE  CONTRIBUTION.   AMEND  RSA  1<i9-B:1   (SUPP)  AS  INSERTED  BY  1959, 
267:1  AS  AMENDED  BY  STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN  PLACE 
THEREOF  THE  FOLLOWING: 

149-8:1    STATE  CONTRIBUTION.   THE  STATE  OF  NEW  HAMPSHIRE  SHALL,  IN 
ADDITION  TO  ANY  FEDERAL  GRANT  MADE  AVAILABLE  UNDER  THE  PROVISIONS  OF  THE 


HOUSE  JOURNAL  16FEB82  431 


He  0955       PAGE    357     Oa/09/8? 

CLEAN  WATER  ACT  OF   1977  (OR  SUBSEQUENT  AMENDMENTS   THEREOF),  PAY  ANNUALLY  ^0 
PERCENT  OF  THE  ANNUAL  AMORTIZATION  CHARGES/  MEANING  PRINCIPAL  AND  INTEREST, 
ON  THE  ORIGINAL  COSTS  RESULTING  FROM  THE  ACQUISITION  AND  CONSTRUCTION  OF 
SEWAGE  DISPOSAL   FACILITIES  BY  MUNICIPALITIES   (MEANING  COUNTIES,  CITIES, 
TOWNS/  OR  VILLAGE  DISTRICTS),   IN  ACCORDANCE  WITH  HSA  1  <.  8 : 2  5  ,  RSA  149:4,  IX, 
AND  RSA   149:4,  XIII,  FOR  THE  CONTROL  OF  WATER  POLLUTION.    THE  WORD 
CONSTRUCTION  SHALL  INCLUDE  ENGINEERING  SERVICES/  IN  ADDITION  TO  THE 
CONSTRUCTION  OF  NEW  SEWAGE  TREATMENT  PLANTS/  PUMPING  STATIONS  AND 
INTERCEPTING  SEWERS;  THE  ALTERING/  IMPROVING  OR  ADDING  TO  EXISTING 
TREAfENT  PLANTS,  PUMPING  STATIONS  AND  INTERCEPTING  SEWERS;  PROVIDED  THE 
CONSTRUCTION  HAS  BEEN  DIRECTED  BY  THE  WATER  SUPPLY  AND  POLLUTION  CONTROL 
COMMISSION,  OR  CONSTITUTES  A  VOLUNTARY  UNDERTAKING  DESIGNED  TO  CONTROL  OR 
REDUCE  POLLUTION  IN  THE  SURFACE  WATERS  OF  THE  STATE  AS  DEFINED  IN  RSA 
149:1/  AND  THE  PLAN  THEREOF  IS  APPROVED  IN  COMPLIANCE  WITH  THE  PROVISIONS 
OF  RSA  148:25/  RSA  149:4/  IX,     AND  RSA  149:4/  XIII.    THE  TERM  "ORIGINAL 
COSTS"  AS  USED  IN  THIS  SECTION  SHALL  MEAN  THE  ENTIRE  COST  OF  THE 
CONSTRUCTION  OF  TREATMENT  PLANTS/  PUMPING  STATIONS  AND  INTERCEPTING  SEWERS 
AS  DEFINED  IN  THE  CLEAN  WATER  ACT  OF  1977. 

65.    ASSESSMENT  OF  APPLICANT. 

I.  AMEND  RSA  162-F:7/  V  AS  INSERTED  BY  1971,   357:1  AS  AMENDED  BY 
INSERTING  IN  LINE  6  AFTER  THE  WORD  "COMMISSION."    THE  FOLLOWING  (THE 
COMMITTEE  AND  THE  COMMISSION  ARE  FURTHER  AUTHORIZED  TO  ASSESS  THE  APPLICANT 
FOR  ALL  TRAVEL  AND  OTHER  EXPENSES  ASSOCIATED  WITH  THE  PROCESSING  OF  AN 
APPLICATION  UNDER  THIS  CHAPTER.)  SO  THAT  SAID  PARAGRAPH  AS  AMENDED  SHALL 
READ  AS  FOLLOWS: 

V.    THE   SITE  EVALUATION  COMMITTEE  AND  THE  COMMISSON  SHALL  JOINTLY 
CONDUCT  SUCH  REASONABLE  STUDIES  AND  INVESTIGATIONS  AS  THEY  DEEM  NECESSARY 
OR  APPROPRIATE  TO  CARRY  OUT  THE  PURPOSES  OF  THIS  CHAPTER  AND  MAY  EMPLOY  A 
CONSULTAriT  OR  CONSULTANTS/  LEGAL  COUNSEL  AND  OTHER  STAFF  IN  FURTHERANCE  OF 
THE  DUTIES  IMPOSED  BY  THIS  CHAPTER/  THE  COST  OF  WHICH  SHALL  BE  BORNE  BY  THE 
APPLICANTS  IN  SUCH  AMOUNT  AS  MAY  BE  APPROVED  BY  THE  COMMITTEE.   THE 
COMMITTEE  AND  THE  COMMISSION  ARE  FURTHER  AUTHORIZED  TO  ASSESS  THE  APPLICANT 
FOR  ALL   TRAVEL  AND  OTHER  EXPENSES  ASSOCIATED  WITH  THE  PROCESSING  OF  AN 
APPLICATION  UNDER  THIS  CHAPTER. 

II.  AMEND  RSA  162-H:8/  III  AS  INSERTED  BY  1974/  39:3  BY  INSERTING  IN 

LINE  10  AFTER  THE  WORD  "COMMITTEE."  THE  FOLLOWING  (THE  COMMITTEE  IS  FURTHER 
AUTHORIZED  TO  ASSESS  THE  APPLICANT  FOR  ALL  TRAVEL  AND  OTHER  EXPENSES 
ASSOCIATED  WITH  Th£  PROCESSING  Of  AN  APPLICATION  UNDER  THIS  CHAPTER.)  SO 
THAT   SAID  PARAGRAPH  AS  AMENDED  SHALL  READ  AS   FOLLOWS: 

III.  THE  COMMITTEE  MAY  REQUIRE  SUCH  INFORMATION  FROM  THE  APPLICANT 


432  HOUSE  JOURNAL  16FEB82 


He  0955       PAGE    358     02/09/82 

AND  STATE  AGENCIES  AND  OFFICIALS  AS  IT  OEEMS  NECESSARY  TO  ASSIST  IT  IN  THE 
CONDUCT  Of  HEARINGS  AND  IN  MAKING  ANY  INVESTIGATION  OR  STUDIES  IT  MAY 
UNDERTAKE  AND  IN  THE  DETERMINATION  OF  THE  TERMS  AND  CONDITIONS  OF  ANY 
PERMIT  UNDER  CONSIDERATION.   THE  COMMITTEE  SHALL  CONDUCT  SUCH  REASONABLE 
STUDIES  AND  INVESTIGATIONS  AS  IT  DEEMS  NECESSARY  OR  APPROPRIATE  TO  CARRY 
OUT  THE  PURPOSES  OF  THIS  CHAPTER  AND  MAY  EMPLOY  CONSULTANTS*  LEGAL  COUNSEL 
AND  OTHER  STAFF  IN  FURTHERANCE  OF  THE  DUTIES  IMPOSED  BY  THIS  CHAPTER/  THE 
COST  OF  WHICH  SHALL  BE  BORNE  BY  THE  APPLICANT   IN  SUCH  AMOUNT  AS  MAY  BE 
APPROVED  BY  THE  COMMITTEE.   THE  COMMITTEE  IS  FURTHER  AUTHORIZED  TO  ASSESS 
THE  APPLICANT  FOR  ALL  TRAVEL  AND  OTHER  EXPENSES  ASSOCIATED  WITH  THE 
PROCESSING  OF  AN  APPLICATION  UNDER  THIS  CHAPTER. 

66.  APPROPRIATOn;   revenue  reform  committee.   the  sum  of  J25#000  IS 
HEREBY  APPROPRIATED  FOR  THE  SIENNIUM  ENDING  JUNE  30/  19S3.   SAID  SUM  MAY  BE 
EXPENDED  BY  THE  SPECIAL  COMMITTEE  TO  STUDY  REVENUE  REFORM  AT  ALL  LEVELS  OF 
GOVERNMENT  CREATED  BY  1981/  386/  FOR  THE  PURPOSE  OF  HIRING  CONSULTANTS  TO 
PREPARE  FINANCIAL  PLANNING  MODELS.   THE  COMMITTE  MAY  ONLY  EXPEND  THAT 
PORTION  OF  SAID  $25/000  TO  THE  EXTENT  THAT  IT  MATCHES  THAT  PORTION/  DOLLAR 
FOR  DOLLAR/  WITH  FEDERAL  OR  PRIVATE  FUNDS.   THE  GOVERNOR  IS  AUTHORIZED  TO 
DRAW  HIS  WARRANT  FOR  S'a  I  D  SUM/  TO  THE  EXTENT  IT  IS  MATCHED  BY  FEDERAL  OR 
PRIVATE  FUNDS/  OUT  OF  ANY  MONEY  IN  THE  TREASURY  NOT  OTHERWISE  APPROPRIATED. 

67.  NON-LAPSING  APPROPRIATION,'  CONTRACT  RENEGOTIATION. 

I.  THE  FUNDS  APPROPRIATED  IN  1981/  568:1/  01/  04/  06  SHALL  BE 
NON-LAPSING  FUNDS  THROUGH  JUNE  30/  1983. 

II.  THE  COMPTROLLER  AND  THE  JUDICIAL  COUNCIL  SHALL  RENEGOTIATE  WITH 

THE  ADMINISTRATORS  OF  THE  PUBLIC  DEFENDER  CONTRACT  THE  PAYMENT  TO  BE  MADE 
UNDER  THE  CONTRACT  FOR  THE  FOURTH  QUARTER  OF  FISCAL  YEAR  1982. 

68.  INCENTIVE  PROGRAM  APPROPRIATION.   NEW  HAMPSHIRE  INCENTIVE  PROGRAM 
GRANTS.   NOTWITHSTANDING  1981/  568:6/  IF  THE  ACTUAL  FEDERAL  FUNDS 
RECEIVED  ARE  LESS  THAN  THE  ESTIMATED  FEDERAL  FUNDS  FOR  THE  NEW  HAMPSHIRE 
INCENTIVE  PROGRAM  GRANTS/  PAU  060201/  THE  $275/000  APPROPRIATION  FROM  THE 
GENERAL  FUND  FOR  THE  PROGRAM  UNDER  1981/  568:1.06/02/01  SHALL  NOT  BE  RE- 
DUCED IN  ANY  AMOUNT.   HOWEVER/  THE  TOTAL  AMOUNT  APPROPRIATED  FOR  THE 
GRANT  PR'oGRAM  from  GENERAL  FUNDS  SHALL  NOT  EXCEED  S275/000. 

69.  TEACHER  CERTIFICATION.   NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW 
FOR  THE  BIENNIUM  ENDING  JUNE  30/  1983/  THE  TEACHER  CERTIFICATION  SECTION/ 
PAU  06-03-20-05/  IS  HEREBY  AUTHORIZED  TO  EXPEND  ANY  EXISTING  BALANCE  AND  ANY 
FUNDS  WHICH  MAY  BECOME  AVAILABLE  DURING  THE  BIENNIUM.   SUCH  EXPENDITURES  TO 
BE  HADE  AS  NECESSARY  FOR  THE  EFFICIENT  OPERATION  OF  SAID  OFFICE  SHALL  NOT 
REQUIRE  THE  EXPENDITURE  OF  STATE  GENERAL  FUNDS  AND  FURTHER  WILL  BE  SUBJECT 


HOUSE  JOURNAL  16FEB82  433 


He  0955      PAGE    359     02/09/82 

TO  THE  APPROVAL  OF  THE  GOVERNOR  AND  COUNCIL. 

70.  DEPARTMENT  OF  EDUCATION,"  SUPPLEMENTAL  APPROPRIATION. 

IN  ADDITION  TO  ANY  OTHER  SUMS  APPROPRIATED  TO  THE  DEPARTMENT  OF  EDUCATION/ 
THE  SUM  OF  J2/J54.00  IS  HEREBY  APPROPRIATED  TO  BE  PAID  TO  THE  DEPARTMENT 
OF  HEALTH  AND  HUMAN  SERVICES  AS  A  RESULT  OF  AN  OVERPAYMENT  FOR  SERVICES 
PERFORMED  UNDER  CONTRACT  HE W- 0 S- 7 4- 35 .   THE  GOVERNOR  IS  AUTHORIZED  TO  DRAW 
HIS  WARRANT  FOR  SAID  SUMS  OUT  OF  ANY  MONEY  IN  THE   TREASURY  NOT  OTHERWISE 
APPrJOPRI  ATEO  . 

71.  OCCUPATIONAL  BOARD  REFERENCES  REMOVED.   AMEND  RSA  5:13  BY  STRIKING 
OUT  SAID  SECTION  AND  INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING: 

5:13   COMMISSIONS  FUNCTIONING  WITHIN  DEPARTMENT.    THE  BALLOT  LAW 
COMMISSION  AND  THE  ATHLETIC  COMMISSION  SHALL  FUNCTION  WITHIN  THE  DEPARTMENT 
OF  STATE  AS  A  SEPARATE  ORGANIZATIONAL  ENTITY,  AS  CURRENTLY  CONSTITUTED/  AND 
WITH  ALL  THE  POWERS  AND  DUTIES  AS  CURRENTLY  PROVIDED/  EXCEPT  AS  OTHERWISE 
SPEC  I F  I E  D. 

72.  OCCUPATIONAL  BOARD  REFERENCES  REMOVED.   AMEND  RSA  5:14  BY  STRIKING 
OUT  SAID  SECTION  AND  INSERTING  IN  PLACE  THEREOF  THE  F0L0W1N6: 

5:U   COMMISSION  RULES  TO  BE  AVAILABLE.   THE  SECRETARY  Of  STATE  SHALL 
MAKE  THE  RULES  OF  THE  BALLOT  LAW  COMMISSION  AND  THE  ATHLETIC  COMMISSION 
AVAILABLE  TO  THE  PUBLIC.   THE  SECRETARY  OF  STATE  SHALL  REQUIRE  FROM  THE 
SECRETARY  OF  THE  COMMISSIONS  SUCH  INFORMATION  AS  WILL  ENABLE  HIM  TO  CARRY 
OUT  THE  PURPOSES  OF  THIS  SECTION. 

73.  OCCUPATIONAL  BOARD  REFERENCE  REMOVED.   AMEND  RSA  5:15  BY  STRIKING  OUT 
SAID  SECTION  AND  INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING: 

5:15   UNIFORM  RECORDS  FOR  COMMISSIONS.   SO  FAR  AS  PRACTICABLE  AND  AFTER 
CONSULTATION  WITH  THE  COMMISSIONS  WITHIN  THE  DEPARTMENT  OF  STATE/  THE 
SECRETARY  OF  STATE  SHALL  PRESCRIBE  UNIFORM  PROCEDURES  FOR  ALL  SECRETARIAL 
AND  RECORDING  ACTIVITIES  OF  THE  COMMISSIONS. 

74.  DIVISION  ESTABLISHED.   AMEND  RSA  5  BY  INSERTING  AFTER  SECTION  24  THE 
FOLLO'.VING  NFW  SUBDIVISION: 

DIVISION  OF  OCCUPATIONAL  AND  PROFESSIONAL  SERVICES 

5:25  DEFINITIONS.   AS  USED  IN  THIS  SUBDIVISION: 

I,   "OOARD"  MEANS  ANY  OF  THE  BOARDS  ESTABLISHED  UNDER  THE  CHAPTERS 
SPEC  I  F  IE  D  IN  RSA  309-B  :  1  ; 


434  HOUSE  JOURNAL  16FEB82 


MB  0955       PAGE    360     02/09/8? 

II.  "DIRECTOR"  MEANS  THE  DIRECTOR  OF  OCCUPATIONAL  AND  PROFESSIONAL 
SERVICES  APPOINTED  PURSUANT  TO  RSA  5:27  TO  DIRECT  THE  DIVISION  OF 
OCCUPATIONAL  AND  PROFESSIONAL  SERVICES/  DEPARTMENT  OF  STATE. 

III.  "DIVISION"  MEANS  THE  OIVIflON  Of  OCCUPATIONAL  AND  PROFESSIONAL 
SERVICES/  DEPARTMENT  OF  STATE. 

5:?6   DIVISION  ESTABLISHED.   THERE  IS  HEREBr  ESTABLISHED  A  DIVISION  OF 
OCCUPATIONAL  AND  PROFESSIONAL  SERVICES  WITHIN  THE  DEPARTMENT  OF  STATE. 

5:27   APPOINTMENT  OF  DIRECTOR.   THE  SECRETARY  OF  STATE  SHALL  APPOINT  A 
DIRECTOR  OF  OCCUPATIONAL  AND  PROFESSIONAL  SERVICES  TO  DIRECT  THE  DIVISION, 
WHO  SHALL  BE  ASSIGNED  THE  DUTIES  SPECIFIED  IN  THIS  SUBDIVISION.   SAID 
DIRECTOR  SHALL  BE  A  CLASSIFIED  EMPLOYEE. 

5:28   POWERS  AND  DUTIES.   THE  DIRECTOR  SHALL: 

I.   PROVIDE  THE  BOARDS  WITH  SECRETARIAL  SERVICES/  SUPPLIFS  AND 
MEETING  spaces; 

ii.   standardize  forms  and  applications  in  respect  to  the  licensing/ 
certification  and  registration  of  the  boards  and  receive  and  process  the 
application  forms  where  appropriate; 

iii.   as  directed  by  the  boards/  designate  times  and  dates  for 
examinations  to  be  held  by  the  boards/  arrange  for  space  for  the  taking  of 
the  examinations  and  notify  the  public  of  the  times/  dates  and  places  for 
the  holding  of  such  examinatons; 

iv.  administer  written  examinations  prescribed  by  the  boards/  assign 
numbers  to  all  examinations/  refer  all  examinations  to  the  boards  or 
apprpriated  entities  designated  by  the  boards  for  grading  and  notify 
applicants  of  results  of  the  examinations  within  a  reasonable  period  after 
testing; 

v.  collect  examination/  license/  certification  and  registration  fees 
and  deposit  all  fees  in  the  general  fund; 

vi.  issue  licenses/  certificates  and  registration.* 

vii.  issue  duplicate  licenses/  certificates  and  registration  upon 

PROOF  or  LOSS  OF  THE  ORIGINALS; 

VIII.   KOTIFY  PERSONS  HOLDING  LICENSES/  CERTIFICATES  OR  REGISTRATIONS 


HOUSE  JOURNAL  16FEB82  435 


H8  0955       PACE    361     0^/09/82 

OF  THE  RENEWAL  DATES  OF  THE  LICENSES/  CERTIFICATES  AND  REGISTRATION  AT 
LEACT   JO  DAYS  BEFORE  THE  RENEWAL  DATES,' 

IX.  SUSPEND  OR  REVOKE  LICENSES*  CERTIFICATES  AND  REGISTRATIONS  FOR  NON- 
PAYMENT OF  FEES/  AS  OIRECTEB  8Y  THE  BOARDS; 

X.  COMPILE  AND  MAINTAIN  A  PUBLIC  REGISTER  Of  LICENSEES/  CERTIFICATE 
HOLDERS  AND  REGISTRATION  HOLDERS  AND  MAINTAIN  OTHER  INFORMATION  AS  NEEDED 
BY  THE   INDIVIDUAL  BOARDS; 

XI.  MAINTAIN  RECORDS  RELATING  TO  INDIVIDUAL  LICENSES/  CERTIFICATES 

AND  REGISTRATIONS  INCLUDING  REFERRALS/  SUSPENSIONS/  RENOVATIONS  AND  RECORDS 

OF  hearings; 

XII.  PURCHASE  SUPPLIES  FOR  THE  USE  OF  THE  DIVISION  AND  THE  BOARDS; 

XIII.  MAINTAIN  SEPARATE  REVENUE  ACCOUNTS  FROM  FUNDS  APPROPRIATED  TO 

THE  DIVISION/  FOR  EVERY  OCCUPATION  AND  PROFESSION  WITHIN  THE  DIVISION  AND/ 
TO  THE  EXTENT  PRACTICABLE/  PROVIDE  FOR  THE  PROPORTIONATE  ALLOCATION  AMONG 
THE  ACCOUNTS  OF  EXPENSES  INCURRED  BY  THE  DIVISION  IN  THE  PERFORMANCE  OF  ITS 
DUTIES  WITH  RESPECT  TO  EACH  REGULATED  OCCUPATION  AND  PROFESSION.    THE 
DIVISION  SHALL  PROVIDE  EACH  BOARD  AN  ANNUAL  REPORT  OF  REVENUE  AND  ALLOCATED 
EXPENSES  RELATED  TO  THE  REGULATION  OF  THAT  OCCUPATION  OR  PROFESSION; 

XIV.  REVIEW  BUDGET  REQUESTS  OF  THE  BOARDS  AND  PREPARE  THE  DIVISION'S 
BUDGET  FOR  PRESENTATION  TO  THE  GOVERNOR  AND  GENERAL  COURT; 

XV.  PROVIDE  STANDARDIZED  FORMS/  RECEIVE  COMPLAINTS  AND  INVESTIGATE 
WRITTEN  COMPLAINTS  AS  DIRECTED  BY  THE  BOARDS; 

XVI.  MAKE  ROUTINE  INSPECTIONS  AUTHORIZED  BY  THE  CHAPTERS  SPECIFIED 
IN  RS A  3  09-B : 1 ; 

XVII.  ASSIST  BOARDS  IN  ADOPTING  RULES  PURSUANT  TO  R5A  541-A; 

xviii.  establish  a  hearings  process  consistent  with  the  requirements 
of  due  process  and  maintain  a  list  of  hearing  officers  for  use  by  the 
boards; 

xix.   adopt  such  rules/  pursuant  to  rsa  541-a/  as  are  necessary  to 
standardize  the  aom i n i s t r a  i  on  and  procedures  of  the  boards; 

xx.   answer  routine  public  inquiries  and  notify  the  public  of  board 
meetings; 


436  HOUSE  JOURNAL  16FEB82 

H8  0955       PAGE    ^62  0^/09/8^ 

XXI.  ASSIST   IN  THE  OHIENTATION  Of  NEW  MEMHtHS  Of   IHE  BOARDS; 

XXII.  ASSIST  BOARDS/  AT  THEIR  REQUEST/  IN  PROVIDING  CONTINUING 

EDUCATION  services;  and 

XXIII.  fURNISH     SUCH    OnuR     assistance     as     may     be     required     8Y     THE 
BOARDS. 

5:29   investigation  and  inspection  unit. 

i.  there  is  merest  established  within  the  division  an  investigation 
and  inspect  ion  unit . 

ii.   members  of  the  investigation  unit  shall  be  appointed  by  the 
director/  after  consultation  with  the  appropriate  boards/  to  investigate 
written  complaints   all  investigators  working  on  behalf  of  the  division 
shall  be  knowledgeable  in  the  occupation  or  profession  to  which  they  are 
assigned. 

iii.   the  inspection  unit  shall  be  appointed  by  the  director/  after 
consultation  with  the  appropriate  boards/  to  make  routine  inspections  as 
authorized  by  any  of  the  chapters  specified  in  rsa  309-8:1. 

75.  new  chapter.  amend  rsa  by  inserting  after  chapter  309-a  the 
following  new  chapter: 

CHAPTER  309-8 
PROFESSIONAL  AND  OCCUPATIONAL  REGULATION 

309-8:1    APPLICATION.   UNLESS  SPECIFIED  OTHERWISE/  THE  PROVISIONS  AND 
DEFINITIONS  IN  THIS  CHAPTER  SHALL  APPLY  TO  ALL  BOARDS  AND  COMMISSONS 
eSTALISHEO  IN  TITLE  XXX/  EXCEPT  RSA  326-B  (REGISTERED  NURSES  AND  PRACTICAL 
NURSES)/  MAINTAINING  ACTIVE  PAU'S  AFTER  JULY  1/  1981. 

309-8:2   OEFINfTIONS.   AS  USED  IN  THE  CHAPTERS  SPECIFIED  BY  RSA  309-8:1 
AND  IN  THIS  CHAPTER : 

I.  "BOARD"  MEANS  ANY  Of  THE  BOARDS  AND  COMMISSONS  REFERENCED  IN  RSA 
309-8:1; 

II.  "CERTIFICATE"  MEANS  THE  DOCUMENT  GRANTED  UNDER  THE  CERTIFICATION 
PROCESS  TO  A  PERSON  ENGAGING  IN  THE  ACTIVITY  OF  THE  OCCUPATION; 

III.  "CERTIFICATION"  MEANS  THE  PROCESS  BY  WHICH  A  BOARD  MAY 

INDICATE/  IF  ENGAGING  IN  THE  ACTIVITY  OF  THE  OCCUPATION  DOES  NOT  REQUIRE  A 


HOUSE  JOURNAL  16FEB82  437 


H8  095S      PAGE    365     02/09/8? 

license*  that  an  applicant  has  met  requirements  demonstrating  that  he  is 
well-prepared  and  qualified  to  engage  in  the  activities  of  the  occupation; 

iv.   "conresteo  case"  means  a  proceeding*  including  but  not  limited 
to  ratemaking*  and  licensing/  in  uhich  the  legal  rights*  duties  or 
privileges  of  a  person  are  required  by  law  to  be  determined  by  a  board 
after  an  opportunity  for  hearing; 

v.  "director"  means  the  director  of  the  division  of  occupational  and 
professional  services; 

vi.   "division"  means  the  division  of  occupational  and  professional 
services; 

vii.  "grant"  means  the  substantive  act  of  the  examining  board  of 
approving  the  applicant  for  registration*  certification*  or 
licensure  and  preparing*  executing*  signing  or  sealing  of  the  regis- 
tration* certificate  or  license; 

viii.  "hearing"  means  the  receipt  by  a  board  or  designated  offlcer* 
either  formally  or  informally*  orally  or  in  writing*  of  data*  views* 
comments*  evidence/  or  argument; 

ix.  "issue"  means  the  procedural  act  of  the  director  of  transmitting 
the  registration*  certicate  or  license  to  the  applicant; 

x.  "license"  means  the  document  granted  by  a  board  under  the 

licensing  process  which  permits  the  person  to  engage  in  the  activities  of 

THE  occupation; 

XI.  "LICENSING"  MEANS  THE  PROCESS  BY  WHICH  A  BOARD  PERMITS  A  PERSON 

TO  ENGAGE  IN  AN  OCCUPATION  UPON  HIS  PASSING  EXAMINATIONS  AND  SATISFYING 
OTHER  QUALI f ICAT IONS  DESIGNED  TO  PROTECT  THE  PUBLIC; 

XII.  "LIMITATION"  MEANS  THE  IMPOSITION  9Y  A  BOARD  Of  CONDITIONS  AND 
REQUIREMENTS  UPON  THE  HOLDER  OF  A  LICENSE  AND  THE  RESTRICTION  Of  THE  SCOPE 
Of  THE  HOLDER'S  ACTIVITIES; 

XIII.  "OCCUPATION"  MEANS  OCCUPATION*  TRADE  OR  PROFESSION*' 

XIV.  "REGISTRATION"  MEANS  THE  PROCESS  BY  WHICH  A  PERSON  IS  REQUIRED* 
PRIOR  TO  ENGAGING  IN  THE  OCCUPATON*  TO  LIST  HIS  NAME  AND  TO  SUPPLY  OTHER 
INFORMATION  TO  THE  DIVISION  AND*  If  REQUIRED  BY  STATUTE  OR  RULE  OF  THE 
BOARD*  TO  POST  A  BOND  AND  SUPPLY  CHARACTER  REfERENCES.   IT  ALSO  MEANS  THE 
DOCUMENT  GRANTED  UNDER  THE  REGISTRATION  PROCESS  TO  A  PERSON  TO  PERMIT  THE 


438  HOUSE  JOURNAL  16FEB82 

H8  0955       PAGE    56^.     02/09/82 

person  to  engage  in  the  occupation,* 

xv.   "reprimand"  means  an  official  warning  given  by  a  board  to  a 
holder; 

xvi.   "revocation"  means  the  complete  and  absolute  termination  by  a 

board  of  a  license,  certificate  or  registration  and  all  rights/  privileges 

and  authority  previously  conferred;  and 

xvii.   "suspension"  means  the  complete  and  absolute  withdrawal  and 
withholding  by  a  board  for  a  period  of  time  of  all  rights/  privileges  and 
authority  previously  conferred  by  the  granting  of  a  license/  certificate  or 
registration; 

309-8:3   subpoena;  oath;  witnesses,  each  board  shall  have  the  power  to 

SUBPOENA  witnesses  AND  ADMINISTER  OATHS  IN  ANY  CONTESTED  CASE  OR 
INVESTIGATION  INSTITUTED  BEFORE  OR  CONDUCTED  BY  IT/  AND  TO  COMPEL/  IN  SUCH 
CASES  AND  INVESTIGATIONS/  BY  SUBPOENA  DUCES  TECUM/  THE  PRODUCTION  OF  ANY 
ACCOUNTS/  BOOKS/  CONTRACTS/  RECORDS/  DOCUMENTS/  MEMORANDA/  PAPERS/  OR  OTHER 
MEANS  OF  RECORDING  INFORMATION/  OF  ANY  KIND.   WITNESSES  SUMMONED  BEFORE  THE 
BOARD  SHALL  BE  PAID  THE  SAME  FEES  AS  WITNESSES  SUMMONED  TO  APPEAR  BEFORE 
THE  SUPERIOR  COURT/  AND  ANY  SUCH  SUBPOENA  ISSUED  BY  ANY  JUSTICE  OF  THE 
PEACE  SHALL  HAVE  THE  SAME  EFFECT  AS  THOUGH  ISSUED  FOR  APPEARANCES  BEFORE 
SUCH  COURT. 

309-B :4   BOARD  OFFICERS. 

I.  THE  MEMBERS  OF  EACH  BOARD  SHALL  CHOOSE  ONE  Of  THEIR  NUMBER  TO  ACT 

AS  CHAIRMAN  AND  ONE  TO  ACT  AS  CLERK/  AT  SUCH   TIMES  AND  IN  SUCH  MANNER  AS 
PRESCRIBED  BY  THEIR  OWN  RULES  OR  STATUTES. 

II.  THE  CHAIRMAN  SHALL  PRESIDE  AT  ALL  MEETINGS/  SIGN  OFFICIAL 
DOCUMENTS  AND  APPOINT  A  VICE-CHAIRMAN  TO  PERFORM  THE  DUTIES  OF  CHAIRMAN  IN 
MIS  ABSENCE.   THE  CHAIRMAN  SHALL  DESIGNATE  ONE  BOARD  MEMBER  TO  WORK  WITH 
THE  ADMINISTRATIVE  PROCEDURES  DIVISION  OF  THE  OFFICE  OF  LEGISLATIVE 
SERVICES  IN  REVIEWING  THE  RULES  OF  THE  BOARD/  AND  SHALL  NOTIFY  THE 
ADMINISTRATIVE  PROCEDURES  DIVISION  OF  THE  APPOINTMENT. 

III.  THE  CLERK  SHALL  KEEP  THE  SEAL  AND  AFFIX  IT  TO  ALL  DOCUMENTS 

UPON  ORDER  OF  THE  BOARD.   THE  CLERK  SHALL  BE  RESPONSIBLE  FOR  MAINTAINING  A 
RECORD  OF  ALL  MEETINGS  IN  THE  FORM  APPROVED  BY  THE  BOARD/  AND  SHALL  BE 
RESPONSIOLE  FOR  PREPARING  ANY  OTHER  MATERIALS  WHICH  THE  BOARD  MAY  REQUEST. 

309-B:5   RULEMAKING.   EACH  BOARD  SHALL  ADOPT  RULES/  PURSUANT  TO  RSA 
541-A/  RELATIVE  TO: 


HOUSE  JOURNAL  16FEB82  439 


HB  0955      PAG£    565     02/09/82 

I.  THE  APPLICATION  PROCEDURE  fOR  ANY  LICEfJSE   ISSUED  BY  THE  BOARD; 

II.  THE  QUALIFICATIONS  OF  APPLICANTS  IN  ADDITION  TO  THOSE 
REQUIREMENTS  SET  BY  STATUTE; 

III.  DESIGN  AND  CONTENT  OF  ALL  FORMS  REQUIRED  UNDER  THE  CHAPTER 
ESTABLISHING  THE  BOARD; 

IV.  HOW  AN  APPLICANT  SHALL  BE  EXAMINED^  INCLUDING: 
(A)    TIME  AfJO  PLACE  OF  EXAMINATION; 

(8)    THE  SUBJECTS  TO  BE  TESTED; 

(C)  PASSING  grade;  and 

(0)    DISPOSITION  OF  EXAMINATION  PAPERS; 

V.  HOW  A  LICENSE  SHALL  BE  RENEWED; 

VI.  tTHICAL  STANDARDS  REQUIRED  TO  8E  MET  BY  EACH  HOLDER  OF  ANY 
LICENSE  ISSUED  UNDER  THIS  CHAPTER  AND  HOW  SUCH  LICENSE  MAY  BE 
REVOKED  FOR  VIOLATION  OF  THESE  STANDARDS; 

VII.  PROCEDURES  FOR  THE  CONDUCT  OF  HEARINGS  CONSISTENT  WITH  THE 
REQUIREMENTS  OF  DUE  PROCESS. 

J09-B:6   EXAMINATIONS.    EACH  BOARD  SHALL: 

I.  HAVE  THE  RESPONSIBILITY  TO  DEVELOP  SUCH  EXAMINATIONS  AS  IT  DEEMS 
APPROPRIATE  TO  BE  ADMINISTERED  AT  SUCH  TIMES  AND  IN  SUCH  MANNER  AS 
PRESCRIBED  BY  ITS  OWN  RULES  OR  STATUTES; 

II.  ADVISE  THE  DIVISION  IN  REGARD  TO  THE  ADMINISTRATION  OF  THE 
E  XAMI NAT  IONS  ;  AND 

III.  HAVE  RESPONSIBILITY  FOR  GRADING  THE  EXAMINATIONS/  INCLUDING 
REFERRAL  OF  EXAMINATIONS  TO  EITHER  THE  DIVISION  OR  TESTING  CENTER  FROM 
WHICH  THEY  WERE  PURCHASED. 

309-B:7   REEXAMINATION  AND  REVIEW.   EACH  BOARD/  IN  CONSULTATION  WITH  THE 
DIRECTOR/  MAY  ADOPT  RULES/  PURSUANT  TQ  RSA  541-A/  RELATIVE  TO  THE 
REEXAMINATION  OF  LICENSE  HOLDERS/  AND  REVIEW  OF  CERTIFICATE  AND 
REGISTRATION  HOLDERS. 


440  HOUSE  JOURNAL  16FEB82 


HB  0955       PAGE     566     02/09/82 

309-B:8    REFUSAL/  l(£  70C  AV  ION,   SUSPENSION/  AND  LIMITATION  Of  LICENSES.   A 
BOARO  MAY  REFUSE   TO  GRANT  A  LICENSE;  AFTER  NOTICE  AND  OPPORTUNITY 
FOR  HEARING/  REFUSE  TO  RENEW/  OR  REVOKE/  SUSPEND/  OR  LIMIT  A  LICENSE;  AnO 
REPRIMAND  A  LICENSEE  IF  THE  APPLICANT  OR  LICENSEE   IS: 

I.  FOUND  TO  HAVE  VIOLATED  A  STATUTE  ADMINISTERED  BY  THE  BOARD  OR  ANY 
RULE  OF  THE  BOARo; 

II.  CONVICTED  OF  A  FELONY  OR  ANY   CRIME  INVOLVING  MORAL  TURPITUDE; 

III.  FOUND  TO  HAVE  OBTAINED  OR  ATTEMPTED  TO  OBTAIN  A  LICENSE  BY 
FRAUD  OR  deceit;  OR 

IV.  FOUND  TO  COME  WITHIN  ANY  OF  THE  SPECIAL  GROUNDS  FOR  REFUSAL/ 
REVOCATION  OR  SUSPENSION  SET  FORTH  IN  ANY  OF  THE  CHAPTERS  ESTABLISHING  THE 
BOARDS  SPECIFIED  IN  RSA  309-8:1  OR  ESTABLISHED  BY  THE  PARTICULAR  BOARD. 

309-8:9   EMERGENCY  SUSPENSION. 

I.   A  BOARO  MAY  IMMEDIATELY  SUSPEND  A  PERSON'S  LICENSE  BEFORE  FORMAL 
RESOLUTION  OF  A  COMPLAINT  IF  THE  BOARO  DETERMINES  THAT  THE  PUBLIC  HEALTH/ 
SAFETY  OR  WELFARE  IMPERATIVELY  REQUIRES  EMERGENCY  ACTION. 

U.    IF  THE  BOARD  SUSPENDS  A  LICENSE  UNDER  THIS  SECTION/  THE  BOARO 
SHALL  PROVIDE  THE  PERSON  WITH  A  PROMPT  HEARING. 

309-8:10   COMPLAINTS  REVIEW  PROCESS. 

I.  A  COMPLAINT  SHALL  BE  IN  WRITTEN  FORM  AND  SIGNED  8Y  THE 

COMPLAINANT.    IT  SHALL  CONTAIN  THE  DETAILS  AND  DATE  OF  THE  OCCURRENCE/  THE 
NAME  OF  THE  PERSON  AGAINST  WHOM  THE  COMPLAINT  IS  MADE  AND  THE  ADDRESS  OF 
THE  COMPLAINANT. 

II.  THE  DIVISON  SHALL  RECEIVE  COMPLAINTS  AND  NOTIFY  THE  APPROPRIATE 
BOARO  OF  SUCH  COMPLAINTS. 

III.  THE  BOARD  S.HALL  FORWARD  ANY  COMPLAINT  DELIVERED  TO  THE  BOARD  TO 
THE  DIRECTOR. 

IV.  THE  DIRECTOR  SHALL  REFER  ALL  COMPLAINTS  TO  AN  INVESTIGATOR  FOR 
INVESTIGATION  AND  REPORT. 

V.  INVESTIGATORS  SHALL  PREPARE  A  WRITTEN  REPORT  OF  THE  RESULTS  OF 

EACH  INVESTIGATION.   A  REPORT  SHALL  HAVE  APPENDED  TO  IT  ANY  DOCUMENTARY  OR 


HOUSE  JOURNAL  16FEB82  441 


HQ  0955       PAGE    i67     02/09/82 

OTHER  PHYSICAL  EVIOHNCT,  INCLUDING  STATEMENTS  OF  WITNESSES/  OBTAINED  BY  THE 
I  NVES  T  IGATOR  . 

VI.  COPIES  OF  THE  WRITTEN  REPORT  WITH  APPENDICES  SHALL  BE  MAILED  OR 
DELIVERED  TO  THE  COMPLAINANT,   THE  PERSON  COMPLAINED  AGAINST,  AND  THE  BOARD 
WITHIN  A  REASONABLE   TIME  AFTER  RECEIPT  OF   THE  COMPLAINT  BY  THE  DIVISION. 

IN  THE  ABSENCE  OF  UNUSUAL  CIRCUMSTANCES,  A  REASONABLE  TIME   SHALL  BE  JO  DAYS, 

VII.  THE  DIRECTOR  MAY  ADOPT  RULES,  PURSUANT  TO  RSA  5«1-A,  RELATIVE 

TO  THE  WITHHOLDING  OF  THE  NAMES  OF  COMPLAINANTS  AND  THE  PERSON  COMPLAINED 
AGAINST  DURING  INVESTIGATION. 

VIII.  WITHIN  A  REASONABLE  TIME  AFTER  THE  RECEIPT  OF  THE  REPORT  OF 

THE  INVESTIGATOR,  THE  BOARD  SHALL  DETERMINE  WHETHER  TO  REJECT  THE  COMPLAINT 
AS  NOT  STATING  A  VIOLATION  OF  ANY  STATUTE  ADMINISTERED  BY  THE  BOARD  OR  ANY 
RULE  ISSUED  BY  THE  BOARD,  OR  TO  HOLD  A  HEARING  ON  THE  COMPLAINT.   BOTH  THE 
COMPLAINANT  AND  THE  PERSON  COMPLAINED  AGAINST,  SHALL  BE  IMMEDIATELY 
NOTIFIED  OF  THE  DECISION  OF  THE  BOARD. 

309-8:11    HEARING  OFFICERS  AND  HEARING  PROCESS. 

I.  THE  DIRECTOR  SHALL  MAINTAIN  A  LIST  OF  QUALIFIED  HEARING  OFFICERS 
FOR  THE  USE  OF  THE  BOARDS. 

II.  IF  REQUESTED  BY  THE  BOARD  THE  DIRECTOR  SHALL  SELECT  A  HEARING 
OFFICER  FROM  THE  LIST  FOR  THE  HEARING.    THE  DIRECTOR  SHALL  NOT  SELECT  ANY 
HEARING  OFFICER  WHO : 

(A)    HAS  ENGAGED  AT  ANY  TIME  WITHIN  5  YEARS  IMMEDIATELY  PRECEDING 
HIS  APPOINTMENT   IN  THE  PRACTICE  OF  THE  OCCUPATION  REGULATED  BY  THE  BOARD," 

(8)    HAS  A  PARENT,  CHILD,  SPOUSE,  BROTHER  OR  SISTER  WHO  IS  ENGAGED 
IN  THE  PRACTICE  OF  THE  OCCUPATION  REGULATED  BY  THE  BOARD; 

(C>    HAS  A  PERSONAL  FINANCIAL  INTEREST  IN  THE  OCCUPATION," 

(D)  IS  ENGAGED  IN  A  COMPETING  OCCUPATION;  OR 

(E)  IS  RELATED  9Y  AFFINITY  OR  CONSANGUINITY  TO  ANY  OF  THE  BOARD 
MEMBERS. 

III.  AT  THE  DIRECTION  OF  THE  BOARD,  AND  IN  LIEU  OF  THE  BOARD,  A 
HEARING  OFFICER  MAY  HEAR  THE  PARTIES,  REPORT  THE  FACTS,  AND  MAKE 
RECOMMENDATIONS  TO  THE  BOARD. 


442  HOUSE  JOURNAL  16FEB82 


HB  0955       PAGE    368     02/09/82 

IV.  IN  A  HEARING  UNDER  THIS  SECTION,  NEITHER   THE  BOARD/  NOR  A 

HEARING  OFFICER  SHALL  BE  BOUND  BY  TECHNICAL  RULES  OF  EVIDENCE  OR  PROCEDURE, 
BUT  MAY  EXCLUDE  IRRELEVANT,  UNRELIABLE/  OR  REPETITIOUS  EVIDENCE. 

V.  IN  ALL  CASES,  THE  HOARD  SHALL  RETAIN  THE   AUTHORITY  TO  FINALLY 
DETERMINE  QUESTIONS  OF   FACT,  WHETHER  ACTION  WILL  BE   TAKEN,   AND  WHAT  THE 
FORM  OF  ANY  SUCH  ACTION  WILL  BE. 

VI.  HEARING  OFFICERS  SHALL  BE  PAID  REASONABLE  HOURLY  COMPENSATION 

AS  DETERMINED  BY  RULE  OF   THE  DIRECTOR,  ADOPTED  PURSUANT  TO  RSA  541-A. 

309-8:12    REHEARINGS  AND  APPEALS.    REHEARINGS  AND  APPEALS  OF  ORDERS  OF 
THE  BOARD  OR  THE  DIRECTOR  SHALL  BE  IN  ACCORDANCE  WITH  RSA  541,  WHENEVER  A 
BOARD  OFFERS  TO  GRANT  A  REHEARING/  THE  REHEARING  SHALL  BE  BEFORE  THE  BOARD. 

509-0:13    SEVERABILITY.    IF  ANY  PROVISION  OF   THIS  CHAPTER  OR  ITS  APPLICATION 
TO  ANY  PERSON  OR  CIRCUMSTANCE   IS  HELD  INVALID,  THE   INVALIDITY  SHALL  NOT  AFFECT 
OTHER  PROVISIONS  OR  APPLICATIONS  OF  THE  CHAPTER  WHICH  CAN  BE  GIVEN  EFFECT 
WITHOUT  THE   INVALID  PROVISION  OR  APPLICATION,  AND  TO  THIS  END  THE 
PROVISIONS  OF  THIS  CHAPTER  ARE  SEVERABLE. 

76,    PAU  CREATED.    A  PAU  IS  HEREBY  CREATED  IN  THE  DEPARTMENT  OF  STATE  FOR 
THE  DIVISION  OF  OCCUPATIONAL  AND  PROFESSIONAL   SERVICES,  WHICH  DIVISION 
SHALL  TERMINATE  JULY  1,  1987,  UNLESS  RENEWED  PURSUANT  TO  RSA  17-G. 

T7,    IMPLEMENTATION.   SECTION  75  OF  THIS  ACT  SHALL  BE  IMPLEMENTED  BY 

THE  DIRECTOR  OF  OCCUPATIONAL  AND  PROFESSIONAL  SERVICES  APPOINTED  PURSUANT  TO 

RSA  5:27   IN  CONSULTATION  WITH  THE  SECRETARY  OF  STATE,  AS  SOON  AS  REASONABLE 

FOR  AN  ORDERLY  TRANSITION  PERIOD  AFTER  THE  EFFECTIVE  DATE  OF  THIS  ACT. 

78.  APPLICATION.   THE  JUDICIAL  REVIEW  PROVIDED  BY  RSA  309-8:12 
SHALL         AS  INSERTED  BY  SECTION  75  OF  THIS  ACT  SHALL 

APPLY  ONLY  TO  DECISIONS  OF  A  BOARD  OR  THE  DIRECTOR  OF  OCCUPATIONAL  AND 
PROFESSIONAL  SERVICES  ISSUED  ON  OR  AFTER  THE  EFFECTIVE  DATE  OF  THIS  ACT. 
ALL  DECISIONS  OF  THE  BOARD  ISSUED  PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS  ACT 
SHALL  BE  REVIEWED,  IF  AT  ALL,   IN  ACCORDANCE  WITH  THE  PROVISIONS  FOR  JUDICIAL 
REVIEW  SET  FORTH  IN  THE  PREEXISTING  LAW. 

79.  CATASTROPHIC  ILLNESS  PROGRAM.   FUNDS  PROVIDED  FOR  THE  CATASTROPHIC 
ILLNESS  PROGRAM  FOR  FISCAL  YEAR  1982  ($375,000)  SHALL  NOT  LAPSE  UNTIL 
JUNE  30,  1983.   SUCH  FUNDS  SHALL  NOT  BE  EXPENDED  FOR  ILLNESSES  FUNDED 
UNDER  OTHER  STATE  PROGRAMS. 

80.  PERSONNEL  RULES  WAIVER.    THE  GOVERNOR  IS  AUTHORIZED  TO  GRANT  EMERGENCY 
WAIVERS  OF  THE  RULES  OF  THE  PERSONNEL  COMMISSION  AS  HE  DEEMS  NECESSARY  FOR 


HOUSE  JOURNAL  16FEB82  443 


HB  0955      PAGE    569     0^/09/82 

THE  PURPOSE  OF  RECRUITING  EMPLOrEES  FOR  LACONIA  STATE  SCHOOL  TO  ENABLE  THE 
STATE  TO  COMPLY  WITH  THE  COURT  ORDER  IN  GARRITY  V.  GALLEN.  THIS  AUTHOHITY 
SHALL  NOT  EXTEND  TO  ADJUSTMENTS  IN  SALARY  LEVELS. 

81.  HIGHWAY  BONDS  AUTHORIZED.   AMEND  19  7  9,  434:3  BY  STRIKING  OUT  SAID 
S6CTI0N  AND  INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING: 

434:3   BOND  ISSUE  AUTHORIZED.    TO  PROVIDE  FUNDS  FOR  THE  PURPOSE  Of 
CONSTRUCTION  AND  RECONSTRUCTION  OF  HIGHWAYS*  THE  STATE  TREASURER  IS  HEREBY 
AUTHORIZED  TO  BORROW  UPON  THE  CREDIT  OF  THE  STATE  IN  A  SUM  NOT  EXCEEDING 
S12/000/000  FOR  THE  BIEMNIUM  ENDING  JUNE  30*  1981  AND  FOR  THAT  PURPOSE  MAY 
ISSUE  BONOS  AND  NOTES  IN  THE  NAME  AND  ON  BEHALF  OF  THE  STATE  OF  NEW 
HAMPSHIRE  IN  ACCORDANCE  WITH  THE  PROVISONS  OF  RSA  6-A.   THE  INTEREST  AND 
PRINCIPAL  DUE  ON  BONDS  OR  NOTES  ISSUED  UNDER  THIS  SECTION  SHALL  BE  A  CHARGE 
ON  THE  HIGHWAY  FUND.   THE  MONIES  PROVIDED  IN  THIS  SECTION  HEREOF  SHALL  BE  A 
CONTINUING  APPRPRIATION  AND  SHALL  NOT  LAPSE. 

82.  TIMBER.   THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  RESOURCES  AND  ECONOMIC 
DEVELOPMENT  IS  HEREBY  DIRECTED  TO  HARVEST  $500/000  OF  TIMBER  IN  FISCAL  YEAR 
1983.   REVENUE  FROM  THE  TIMBER  HARVEST  SHALL  BE  DEPOSITED  IN  THE  GENERAL  FUND 
AS  UNRESTRICTED  REVENUE. 

83.  NURSERY  PRICES.   THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  RESOURCES 
AND  ECONOMIC  DEVELOPMENT  SHALL  ADJUST  FEES  AT  THE  STATE  NURSERY 

SO  THAT  THE  SELLING  PRICE  SHALL  BE  NO  LESS  THAN  125  PERCENT  OF  THE  SFLLING 
PRICE  ON  FEBRUARY  6/  1982.   THE  INCREASE  SHALL  BE  EFFECTIVE  JUNE  30/  1982. 

84.  SALARIES  ESTABLISHED. 

I.  THE  FOLLOWING  POSITIONS  ARE  HEREBY  ADDED  TO  RSA  94:1-A,I,  GROUP  S-1/  AS 
ESTABLISHED  UNDER  THE  AUTHORITY  OF  RSA  94:3-B  BY  ACTION  OF  THE  FISCAL 
COMMITTEE  ON  FEBRUARY  1,     1980/  CONFIRMED  BY  GOVERNOR  AND  COUNCIL  ON  FEBURARY 
13/  1980: 

'lEDICAL  DIRECTOR/  LACONIA  STATE  SCHOOL 
AND  TRAINING  C  ENTE  R 

PHYSICIAN/  LACONIA  STATE  SCHOOL 
AND  TRAINING  C  ENTER 

MEDICAL  DIRECTOR/  DIVISION  OF  MENTAL 
HEALTH  AND  DEVLOPMEMTAL  SERVICES 

II.  UPON  THE  RECOMMENDATION  OF  THE  SUPERINTENDENT  OF  THE  LACONIA  STATE 
SCHOOL  AND  TRAINING  CENTER/  WITH  THE  APPROVAL  OF  THE  DIRECTOR  OF  THE 


444  HOUSE  JOURNAL  16FEB82 


He  0955      PAGE    3?0     02/09/82 

DIVISION  Of  MENTAL  HEALTH  AND  DEVELOPMENTAL  SERVICES  AND  THE 
COMMISSIONER  OF  HEALTH  AMD  WELFARE/  THE  SALARY  OF   THE  MEDICAL  DIRECTOR 
POSITION  AT  THE  LACONIA  STATE  SCHOOL  AND  TRAINING  CENTER  MAY  BE  INCREASED 
UP  TO  $10,000  OVER  THE  AMOUNT  AUTHORIZED  BY  RSA  94:1-A/I/  GROUP  S-1, 
IN  ORDER  TO  RECRUIT  OR  RETAIN  A  QUALIFIED  PERSON. 

85.  LAPSING  funds;  GREYHOUND  RACING.   FUNDING  APPROPRIATED  TO  THE 
GREYHOUND  RACING  COMMISSION  IN  1981/  568:1.02/  08  AS  AMENDED  BY  THIS  ACT 

FOR  FISCAL  YEAR  1983  INCLUDES  FUNDING  FOR  524  MORE  PERFORMANCES  OF  GREYHOUND 
RACING  AS  APPROPRIATED  IN  568:1:02/  08  AS  ENACTED  ORIGINALLY.    If/  IN  FISCAL 
YEAR  198?/  FEWER  THAN  5  2  4  OF  THE  ADDITIONAL  PERFORMANCES  TAKE  PLACE/  FUNDS 
SHALL  LAPSE  TO  THE  GENERAL  FUND  AT  THE  RATE  Of  $450  PER  PERfORMANCE  (CLASS 
50  fUNOS)  AND  $86  PER  PERFORMANCE  (CLASS  60  fUNOS)  fOR  EACH  ADDITIONAL 
PERfORMANCE  WHICH  DOES  NOT  TAKE  PLACE. 

86.  SPAULDING  cottage;  YOUTH  DEVELOPMENT  CENTER.   NOTWITHSTANDING  ANY  OTHER 
PROVISIONS  OF  LAW/  THE  SUM  OF  $77/867/  AS  APPROPRIATED  IN  1981/ 
568:1/02/18/04  TO  THE  NEW  HAMPSHIRE  YOUTH  DEVELOPMENT  CENTER  FOR  FISCAL  YEAR 
1985  FOR  THE  NEW  STAFFING  Of  DIRECT  CARE  PERSONNEL  REQUIRED  f OR  THE  REOPENING 
Of  SPAULDING  COTTAGE  ON  JANUARY  1/  1985.  THESE  fUNDS  SHALL  BE  USED  fOR  NO 
OTHER  PURPOSE.   IF  SPAULDING  COTTAGE  DOES  NOT  REOPEN  ON  JANUARY  1/  198J/  THE 
fUNDS  APPROPRIATED  FOR  SAID  PURPOSE  SHALL  LAPSE  ON  A  PROPORTIONATE  DAILY  BASIS, 
BASED  ON  THE  PERIOD  FROM  JANUARY  2/  1983/  TO  JUNE  30/  19»3. 

87.  BONO  ISSUE  AUTHORIZED.   TO  PROVIDE  $6/000/000  fOR  THE  EXCLUSIVE  PUR- 
POSE Of  THE  HIGHWAY  SURFACING  AND  RESURFACING  PROGRAM  AND  $1/500/000  TO 
MATCH  FEDERAL  AID  CONSTRUCTION  AND  RECONSTRUCTION/  THE  STATE  TREASURER  IS 
HEREBY  AUTHORIZED  TO  BORROW  UPON  THE  CREDIT  Of  THE  STATE  IN  A  SUM  NOT 
EXCEEDING  $7/500/000  fOR  THE  BIENNIUH  ENDING  JUNE  30/  19S3/  AND  FOR  THAT 
PURPOSE  MAY  ISSUE  BONDS  AND  NOTES  IN  THE  NAME  AND  ON  BEHALF  Of  THE  STATE 
Of  NEW  HAMPSHIRE  IN  ACCORDANCE  WITH  THE  PROVISIONS  Of  RSA  6-A .   THE 
INTEREST  AND  PRINCIPAL  DUE  ON  BONDS  OR  NOTES  ISSUED  UNDER  THIS  SECTION 
SHALL  BE  A  CHARGE  ON  THE  HIGHWAY  FUND.    THE  MONEYS  PROVIDED  IN  THIS  SECTION 
SHALL  BE  A  CONTINUING  APPROPRIATION  AND  SHALL  NOT  LAPSE. 

88.  TITLE  AMENDED.   AMEND  THE  TITLE  Of  RSA  7 1 -B  BY  STRIKING  OUT  SAME  AND 
INSERTING  IN  PLACE  THEREOf  THE  FOLLOWING  (BOARD  Of  TAX  AND  LAND  APPEALS). 

89.  COMPOSITION  Of  BOARD.   AMEND  RSA  71-B:1  (SUPP)  AS  INSERTED  BY  1973/ 
544:2  BY  STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN  PLACE  THEREOf  THE 

f OLLOWING: 

71-8:1    BOARD  ESTABLISHED.   THERE  IS  HEREBY  ESTABLISHED  A  BOARD  Of  TAX 
AND  LAND  APPEALS/  HEREINAfTER  REFERRED  TO  AS  THE  BOARD/  WHICH  SHALL  BE 


HOUSE  JOURNAL  16FEB82  445 


MB  09$5       PAGE    571     02/Q9/&2 

COMPOSED  OF  3  MEMBERS  WHO  SHALL  BE  LEARNED  AND  EXPERIENCED   IN  QUESTIONS  OK 
TAXATION  OR  REAL  ESTATE  VALUATION  AND  APPRAISAL  OR  BOTH.    AT  LEAST  ONE 
MEMBER  Of  THE  BOARD  SHALL  HE  AN  ATTORNEY  ADMITTED  TO  PRACTICE   IN  NEW 
HAMPSHIRE.    THE  MEMBERS  OF  THE  BOARD  SHALL  BE   FULL-TIME  EMPLOYEES  AND  SHALL 
NOT  EMGAGE  DIRECTLY  OR   INDIRECTLY  IN  ANY  OTHER  GAINFUL  EMPLOYMENT  DURING 
THE  I  R   IE  ^'MS  AS  MEMBERS  . 

90.  APPOINTMENT  OF  BOARD.   AMEND  RSA  71-B:2  (SUPP)  AS  INSERTED  BY  1973, 
544:2  BY  STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN  PLACE  THEREOF  THE 
FOLLOWING: 

7i-B:2   appointment;  term;  chairman,   the  members  of  the  board  shall  be 

APPOINTED  BY  THE  SUPREME  COURT  AND  COMMISSIONED  BY  THE  GOVERNOR  FOR  A  TERM 
OF  5  YEARS  AND  UNTIL  THEIR  SUCCESSORS  ARE  APPOINTED  AND  QUALIFIED; 
PROVIDED,  HOWEVER,  THAT  OF  THE  MEMBERS  INITIALLY  APPOINTED  TO  THE  BOARD, 
ONE  SHALL  BE  APPOINTED  FOR  A  3  YEAR  TERM,  ONE  FOR  A  4  YEAR  TERM,  AND  ONE 
FOR  A  5  YEAR  TERM.    ALL  APPOINTMENTS  THEREAFTER  SHALL  BE  A  5  YEAR  TERM; 
PROVIDED  THAT  ANY  VACANCY  ON  THE  BOARD  SHALL  BE  FILLED  FOR   THE  UNEXPIRED 
TERM.    THE  SUPREME  COURT  SHALL  DESIGNATE  ONE  MEMBER  AS  CHAIRMAN,  WHO  SHALL 
SERVE   IN  THAT  CAPACITY  FOR  THE  DURATION  OF  HIS  TERM. 

91.  DUTIES  OF  BOARD.   AMEND  RSA  71-6:5  BY  INSERTING  AFTER  PARAGRAPH  II 
THE  FOLLOWING  NEW  PARAGRAPH: 

MI.    TO  HEAR  AND  DETERMINE  ALL  MATTERS  RELATING  TO  THE  CONDEMNATION  OF 
PROPERTY  FOR  PUBLIC  PURPOSES  AND  THE  ASSESSMENT  OF  DAMAGES  THEREFOR  AS 
PROVIDED  IN  RSA  498-A. 

92.  PROCEDURES  AND  QUORUM  REQUIREMENTS.   AMEND  RSA  71-8:6  (SUPP)  AS 
INSERTED  BY  1973,  5  4  4:2  BY  STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN  PLACE 
THEREOF  THE  FOLLOWING: 

7i-B:6   quorum;  disqualification;  temporary  members. 

I.  a  majority  of  the  board  shall  constitute  a  quorum  to  TRANSACT 
BUSINESS,  BUT  NO  ORDER  OH  DECISION  SHALL  BE  MADE  EXCEPT  BY  CONCURRENCE 
OF  A  MAJORITY  OF  THE  BOARD. 

II.  NO  MEMBER  OF  THE  COMMISSION  SHALL  REPRESENT  A  PARTY  OR  TESTIFY 
AS  AN  EXPERT  WITNESS  OR  RENDER  ANY  PROFESSIONAL  SERVICE  FOR  ANY  PARTY 
OR  INTEREST  BEFORE  THE  BOARD,  AND  ANY  MEMBER  HAVING  AN  INTEREST  IN  THE 
SUBJECT  MATTER  SMALL  BE  DISQUALIFIED  TO  ACT  THEREIN. 

III.  IF,  IN  THE  EVENT  OF  A  DISQUALIFICATION  OR  TEMPORARY  DISABILITY 

OF  A  MEMBER  OR  MEMBERS  OF  THE  BOARD  IT  SHALL  BECOME  NECESSARY  TO  00  SO, 


446  HOUSE  JOURNAL  16FEB82 


MB  0955       PAGE    172  02/09/82 

THE  CHAIRMAN  Of  THE  BOARD,  SUBJECT  TO  THE  APPROVAL  OF  THE  SUPREME  COURT, 
MAY  APPOINT  SUCH  NUMBER  Of  TEMPORARY  BOARD  MEMBERS  AS  SHALL  BE  NECESSARY 
TO  MEET  THE  REQUIREMENTS  HEREIN  IMPOSED,  SUCH  TEMPORARY  BOARD  MEMBERS  TO 
SERVE  WITH  RESPECT  TO  SUCH  MATTER  UNTIL  THE  SAME  HAS  BEEN  FULLY  DISPOSED 
OF  BEFORE  THE  BOARD. 

IV.  TEMPORARY  BOARD  MEMBERS  SHALL  HAVE  THE  SAME  QUALIFICATIONS  AS 
REGULAR  BOARD  MEMBERS  IN  WHOSE  PLACE  THEY  ARE  ACTING. 

V.  A  TEMPORARY  BOARD  MEMBER  SHALL  BE  COMPENSATED  AT  THE  RATE  OF  $75 

FOR  EACH  DAY  DEVOTED  TO  THE  WORK  OF  THE  BOARD  AND  SHALL  BE  REIMBURSED  THE 
NECESSARY  AND  REASONABLE  EXPENSES  INCURRED  BY  HIM  IN  THE  PERFORMANCE  Of 
HIS  DUTIES. 

93.  REFERENCE  DELETED.   AMEND  RSA  71-B:22  (SUPP)  AS  INSERTED  BY  1973, 
544:2  BY  STRIKING  OUT  SAID  SECTION  AND  INSERTING  IN  PLACE  THEREOF  THE 
FOLLOWING: 

71-8:22   APPEAL  FROM.   AMY  PERSON  AGGRIEVED  BECAUSE  OF  SUCH  REASSESSMENT, 
WHETHER  MADE  BY  THE  SELECTMEN  OR  BY  OR  UPON  ORDER  OF  THE  BOARD  SHALL  HAVE  THE 
SAME  RIGHTS  TO  APPLY  FOR  AN  ABATEMENT  AS  ARE  CONFERRED  BY  RSA  76:16-A. 

94.  REFERENCES  CHANGED/*  APPEAL  FROM  BOARD  DECISION,   AMEND  RSA  76:16-A 
(SUPP)  AS  INSERTED  BY  1955,  162:1  AS  AMENDED  BY  STRIKING  OUT  SAID  SECTION 
AND  INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING: 

76:16-A   BY  BOARD  OF  TAX  AND  LAND  APPEALS. 

I.  APPLICATION.    IF  THE  SELECTMAN  NEGLECT  OR  REFUSE  TO  SO  ABATE,  ANY 
PERSON  AGGRIEVED,  HAVING  COMPLIED  WITH  THE  REQUIREMENTS  OF  RSA  74, 
UPON  PAYMENT  OF  AN  APPLICATION  FEE  OF  $15/  MAY,  WITHIN  6  MONTHS  AFTER 
NOTICE  OF  SUCH  TAX,  AND  NOT  AFTERWARDS,  APPLY  IN  WRITING  TO  THE  BOARD  OF 
TAX  AND  LAND  APPEALS  WHICH,  AFTER  INQUIRY  AND  INVESTIGATION,  SHALL  HOLD  A 
HEARING  IF  REQUESTED  AS  HEREIN  PROVIDED  AND  SHALL  MAKE  SUCH  ORDER  THEREON 
AS  JUSTICE  REQUIRES  AND  SUCH  ORDER  SHALL  BE  ENFORCEABLE  AS  PROVIDED  HERE- 
AFTER. 

II.  NOTICES.   UPON  RECEIPT  Of  AN  APPLICATION  UNDER  THE  PROVISIONS  OF 
PARAGRAPH  I   THE  &OARO  OF  TAX  AND  LAND  APPEALS  SHALL  GIVE  NOTICE  IN  WRITING 
TO  THE  AFFECTED  TOWN  OR  CITY  OF  THE  RECEIPT  OF  THE  APPLICATION  BY  MAILING 
SUCH  NOTIC-e  TO  THE  TOWN  OR  CITY  CLERK  THEREOF  BY  CERTIFIED  MAIL.   SUCH  TOWN 
OR  CITY  MAY  REQUEST  IN  WRITING  A  HEARING  ON  SUCH  APPLICATION  WITHIN  30  DAYS 
AFTER  THE  MAILING  OF  SUCH  NOTICE  AND  NOT  THEREAFTER.    IF  A  HEARING  IS  RE- 
QUESTED BY  A  TOWN  OR  CITY  THE  BOARD  OF  TAX  AND  LAND  APPEALS  SHALL,  NOT 
LESS  THAN  30  DAYS  PRIOR  TO  THE  DATE  OF  HEARING  UPON  SUCH  APPLICATION,  GIVE 


HOUSE  JOURNAL  16FEB82  447 


HB  0955       PAGE     575     ;)^/09/82 

NOTICE  Of   THE   riMF   .> -J  0   f"  L  A  C  E  OF   SUCH  H  E  A  M  K:  G   10   THE   APPLICANT   AND   THE   TOWN 

OR  Cirr   IN  iVRITING.    NOrtUNG  CONTAINED  HEREIN  SHALL  BE  CONSTRUED  TO  LIMIT 

THE  RIGHTS  OF   TAXPAYERS   TO  A  HEARING  BEFORE   THE  80AR0  OF  TAX  AND  LAND 
APPEAL  S . 

III.  CONDUCT  AT   steARlNG.    THE   APPLICANT   AND   THE   TOWN  OR  CITY   SHALL  BE 
ENTITLED   TO  APPEAR  OY  C'JONSEL*  MAY  PRESENT  EVIDENCE  TO  THE  BOARD  OF   TAX 

AND  LAND  APPEALS  AND  MAY  SUBPEONA  WITNESSES.    EITHER  PARTY  MAY  REQUEST  THAT- 
A  STENOGRAPHIC  RECORD  13  E  KEPT  OF   THE  HEARING.    ANY   INVESTIGATIVE  REPORT 
FILED  BY   THE  STAFF  OF   THE  BOARD  OF  TAX  AND  L^tlO     APPEALS  SHALL  BE  MADE  A 
PART  OF   SUCH  REC  ORO . 

IV.  RULES  OF  EVIDENCE.    IN  SUCH  HEARING/   THE  BOARD  OF  TAX   AND  LAND 
APPEALS  SHALL  NOT  OE  BOUND  BY   THE   TECHNICAL  RULES  OF  EVIDENCE. 

V.  APPEAL.    EITHER  PARTY  AGGRIEVED  BY  THE  DECISION  OF  THE  BOARD  OF 

TAX  AND  LAND  APPEALS  MAY,  WITHIN  JO  DAYS  AFTER  NOTICE   IN  WRITING  OF  THE 
DECISION  Of   THE  BOARD  Of  TAX  AND  LAND  APPEALS/  fILE  NOTICE  Of  APPEAL  TO  THE 
SUPREME  COURT  SPECIFYING  ALL  THE  GROUNDS  UPON  WHICH  SUCH  PARTY  BASES  HIS 
OBJECTIONS.    FOR   THE  PURPOSE  OF  SUCH  APPEAL  THE  FINDINGS  OF  FACT  BY  THE 
BOARD  SHALL  BE  FINAL  AND  ANY  SUCH  APPEAL  SHALL  BE   LIMITED  TO  QUESTIONS  OF 
L  AW. 

VI.  ENFORCEMENT  Of  ORDER.   A  COPY  OF  AN  ORDER  ABATEMENT  ORDERED 

BY  THE  BOARD  OF   TAX  AND  LAND  APPEALS/  ATTESTED  AS  SUCH  BY  THE  CHAIRMAN  OF 
THE  BOARD/  IF  NO  APPEAL  IS  TAKEN  HEREUNDER/  MAY  BE   FILED  IN  THE  SUPERIOR 
COURT  FOR  THE  COUNTY  OR  IN  THE  MERRIMACK  COUNTY  SUPERIOR  COURT  AT  THE 
OPTION  OF  THE  BOARD  AND  THEREAFTER  SUCH  ORDER  MAY  BE  ENFORCED  AS  WITH  ANY 
FINAL  JUDGMENT  OF  THE  SUPERIOR  COURT. 

95.  DEFINITION  CHANGED.   AMEND  RSA  498-A:2,   VI   (SUPP)  AS   INSERTED  BY 
1971,   526:1   8Y  STRIKING  OUT  SAID  PARAGRAPH  AND  INSERTING  IN  PLACE  THEREOF 
THE  FOLLOWING: 

VI.    "DOARD"  SHALL  MEAN  THE  BOARD  OF   TAX  AND  LAND  APPEALS  ESTABLISHED 
UNDER  RSA  7  1-6:1. 

96.  STATUTORY  REFERENCES  CHANGED.   AMEND  THE  FOLLOWING  SECTIONS  AND 
PARAGRAPHS  OF  SECTIONS  OF  RSA  8Y  STRIKING  THEREFROM  THE  WORD  "COMMISSION" 
WHEN  USED  IN  REFERENCE  TO  THE  NEW  HAMPSHIRE  COMMISSION  Of  EMINENT  DOMAIN 
AND  INSERTING  IN  PLACE   THEREOf  THE  FOLLOWING   (BOARD)   SO  THAT  THE  SAME  AS 
AMENDED  SHALL  REFER  TO  THE  BOARD  OF  TAX  AND  LAND  APPEALS:    RSA  498-A:3/ 

RSA  498-A:4/  III(A)/  RSA  C98-A:5/  I  AND  III/  RSA  498-A:8/  1/  RSA  <.93-A:9-A/I 
AND  V/  RSA  <.98-A:10,  RSA  498-A:11/  RSA  498-A:15/  RSA  498-A:16/  RSA  <.98-A:16-A, 


448  HOUSE  JOURNAL  16FEB82 


H8  0955       PAGE    574     02/09/62 

RSA  498-A:16-A/  RSA  498-A:17/  RSA  498-A:18,  RSA  498-A:l9.  RSA498-A:aO/  RSA 
498-A:21,  RSA  498-A:22/  RSA  498-A:23/  RSA  498-A:24,  RSA  498-A:25,  RSA 
498-A:26/  RSA  498-A:26-A,  RSA  493-A:?7  AND  RSA  498-A:}i. 

97.  REfF.RENCE  CHANGED.    AMEND  RSA  498-A:21/   I  (SUPP)  AS  INSERTED  BY 
1971,  526:1  BY  STRIKING  OUT  SAID  PARAGRAPH  AND  INSERTING  IN  PLACE  THEREOF 
THE  FOLLOWING: 

1.   THE  BOARD  SHALL  KEEP  AN  ACCURATE  RECORD  OF  ITS  COST  OF  OPERATION, 
INCLUDING  THE  SALARIES  AND  EXPENSES  Of  THE  MEMBERS  OF  THE  BOARD  AND  BOARD 
PERSONNEL,  AND  SHALL  DETERMINE  THE  PORTION  THEREOF  ATTRIBUTABLE  TO  EACH 
CONDEMNOR  HAVING  PROCEEDINGS  BEFORE  THE  COMMISSION, 

98.  REFERENCE  CHANGED.   AMEND  RSA  6:12/  Id)   (SUPP)  AS  INSERTED  BY  1981, 
495:19  BY  STRIKING  OUT   SAID  SUBPARAGRAPH  AND   INSERTING  IN  PLACE  THEREOF  THE 
F  OLLOW I NG: 

(I)    NINETY  PERCENT  OF   THE  FILING  FEES  COLLECTED  BY  THE  BOARD  OF 

TAX  AND  LAND  APPEALS  UNDER  RSA  498-A  SHALL  BE  CREDITED  TO  THE  HIGHWAY  FUNO; 

99.  REFERENCE  TO  COMMISSION  CHANGED.   AMEND  RSA  228:60-A,  V(SUPP)  AS 
INSERTED  BY  1981,  568:55  BY  STRIKING  OUT  SAID  PARAGRAPH  AND  INSERTING  IN 
PLACE   THEREOF  THE  FOLLOWING: 

V.    ANY  AND  ALL  REVERSIONARY  RIGHTS  IN  RAILROAD  RIGHTS-OF-WAY  ACQUIRED  BY 
THE  COMMISSIONER  BY  PURCHASE,  CONDEMNATION  OR  OTHERWISE  ARE  HEREBY  DECLARED 
EXTINGUISHED  AS  OF  THE  DATE  OF  ACQUISITION.   ANY  PERSON  DAMAGED  THEREBY  MAY 
MAKE  CLAIM  BY  PETITION  AGAINST  THE  COMMISSIONER  TO  THE  APPROPRIATE  SUPERIOR 
COURT  WITHIN  2  YEARS  OF  THE  DATE  OF  ACQUISITION.    THE  PETITION  SHALL  THEN  BE 
REFERRED  TO  THE  BOARD  OF  TAX  AND  LAND  APPEALS,  WHICH  SHALL  PROCEED  AS  WITH 
A  CONDEMNATION  UNDER  RSA  498-A.   THE  RIGHT  TO  APPEAL  CONTAINED  IN 
RSA  498-A:27  SHALL  BE  AVAILABLE  TO  THE  CLAIMANT  OR  THE  COMMISSIONER. 

100.  REPEAL.   THE  FOLLOWING  SECTIONS  ARE  HEREBY  REPEALED: 
I,   RSA  498-A:13  RELATIVE  TO  THE  EMINENT  DOMAIN  COMMISSION.* 

ii.      rsa   498-a:14   relative    to    procedures   of    the   eminent    domain 
commission; 

iii.      rsa   76:17   relative    to   review  of    a   decision   of    the   board   of 

TAXATION  BY   THE   SUPERIOR  COURT. 

101.  SALARIES.    AMEND  RSA  9A:1-A  (SUPP)   AS  AMENDED  AS  FOLLOWS: 


HOUSE  JOURNAL  16FEB82  449 

HB  0955       PA!jE     5^5      0.'/09/8? 

I.  IN  GROUP  K     BY  STRIKING  OUT  "EMINENT  DOMAIN  COMMISSIONERS"; 

II.  IN  GROUP  L  BY  STRIKING  OUT  "EMINENT  DOMAIN  COMMISSION/.  CHAIRMAN"; 

III.  IN  GROUP  L  OY  STRIKING  OUT  "BOARD  OF  TAXATION/  MEMBERS"  AND 
INSERTING  IN  PLACE  THEREOF  THE  FOLLOWING  (BOARD  OF   TAX  AND  LAND  APPEALS/ 
MEM8E  RS)  . 

102.    TRANSFER  OF  RECORDS/  EQUIPMENT,  PERSONNEL*  ETC.    ALL  OF   THE 
APPROPRIATIONS  FOR/  AND  RIGHTS/  OBLIGATIONS/  DUTIES/  POWERS*  SUPPLIES 
RECORDS/  CLASSIFIED  PERSONNEL  AND  EQUIPMENT  OF  THE  BOARD  OF  TAXATION  AND 
THE  NEW  HAMPSHIRE  EMINENT  DOMAIN  COMMISSION  ARE  HEREBY  TRANSFERRED  TO  THE 
BOARD  OF  TAX  AND  LAND  APPTALS  ESTABLISHED  BY   THIS  ACT. 

105.    AUTHORITY  TO  CONFORM  LAWS.    THE  DIRECTOR  OF  LEGISLATIVE  SERVICES  IS 
HEREBY  AUTHORIZED/  WITH  THE  APPROVAL  OF  THE  SPEAKER  OF  THE   HOUSE  AND  THE 
PRESIDENT  OF  THE  SENATE/  TO  MAKE  CHANGES  IN  THE  PRINTED  VERSION  OF  ALL  LAWS 
ENACTED  BY  THE  1982  SPECIAL  SESSION  OF  THE  GENERAL  COURT  THAT  MAY  BE 
NECESSARY  FOR  THE  PURPOSE  OF  CONFORMING  THE  LANGUAGE  OF  SUCH  LEGISLATION  TO 
THE  LANGUAGE  OF   THIS  ACT/  PROVIDING  THAT  NO  SUBSTANTIVE  CHANGES  MAY  THEREBY 
BE  MADE.    SUCH  AUTHORITY  SHALL  EXPIRE  UPON  THE  PRINTING  OF   THE  1982  SPECIAL 
SESSI  ON  LAWS . 

^0<,.         CONSTRUCTION  OF  CITATIONS  IN  LAWS.    WHEREVER  WORDS  APPEAR   IN  THE 
STATUTES  WHICH  REFER  TO  THE  NEW  HAMPSHIRE  EMINENT  DOMAIN  COMMISSION  OR  THE 
BOARD  OF   TAXATION  AND  SUCH  WORDS  HAVE  NOT  BEEN  AMENDED  BY  THE  PROVISIONS  OF 
THIS  ACT,  THEY  SHALL  BE  CONSTRUED  AS  APPLYING  TO  THE  BOARD  OF   TAX  AND  LAND 
APPEALS  CREATED  BY  THIS  ACT. 

105.  TERMINATION  OF  COMMISSIONERS  AND  BOARD  MEMBERS.  THE  TERMS  OF  ALL 
MEMBERS  OF  THE  NEW  HAMPSHIRE  EMINENT  DOMAIN  COMMISSION  AND  THE  BOARD  OF 
TAXATION  SHALL  EXPIRE  ON  JUNE  30/  1982. 

106.  SUNSET   TERMINATION  DATE.    THE  BOARD  OF   TAX  AND  LAND  APPEALS 
ESTABLISHED  BY  THIS  ACT  SHALL   TERMINATE  ON  JULY  1/  1987/  PURSUANT  TO  RSA 
1  7-G. 

107.  EFFECTIVE  OAT  E. 

I.  SECTIONS  5/  6  AND  58  OF  THIS  ACT  SHALL  TAKE  EFFECT  JULY  1,  1982. 

II.  SECTIONS  71   THROUGH  78  INCLUSIVE  OF   THIS  ACT   SHALL  TAKE  EFFECT 
JULY   1  /   1982  , 

III.  SECTIONS  88  THROUGH  102/  INCLUSIVE/  AND  SECTION  106  OF  THIS  ACT 
SHALL  TAKE  EFFECT  JULY   1/  1982. 

IV.  ALL  OTHER  SECTIONS  OF  THIS  ACT  SHALL   TAKE  EFFECT  UPON   ITS  PASSAGE. 


450 


HOUSE  JOURNAL  16FEB82 


Reps.  Kidder,  Margaret  Ramsay,  Wiviott, 
David  Campbell,  Schmidtchen,  LaMott,  Nardi, 
and  Scranton  gave  a  budget  presentation  and 
yielded  to  questions. 

Reps.  Joseph  Eaton  and  French  spoke  in 
favor  of  the  amendment. 

Rep.  Daniell  spoke  against  the  amendment. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

Question  being  on  the  adoption  of  the 
committee  amendment. 

On  a  voice  vote  the  Chair  was  in  doubt. 
Rep.  Baybutt  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  236  NAYS  83 

YEAS  236 

BELKNAP:   Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Hildreth, 
Holbrook,  Lamprey,  Pearson,  Randall,  Rich, 
Sanders  and  Zeckhausen. 

CARROLL:  Allen,  Barringer,  Esther  Davis, 
Dickinson,  Keller  and  Kenneth  MacDonald. 

CHESHIRE:  Barber,  Baybutt,  Jesse  Davis, 
Daniel  Eaton,  Eisengrein,  Gordon,  Hickey, 
Johnson,  Lynch,  Matson,  Miller,  Proctor, 
Margaret  Ramsay,  Rouillard,  Patricia 
Russell,  Scranton  and  Jean  White. 

COOS:  Beau  lac,  Brungot,  Bums,  Chardon, 
Lawrence  Guay,  Horton,  Langley,  George 
Lemire,  Mayhew,  Oleson,  Valliere,  Willey, 
Wiswell  and  York. 

GRAFTON:   Chambers,  Copenhaver,  Crory, 
Driscoll,  Michael  King,  LaMott,  Logan,  Look, 
Mann,  Mansfield,  Molver,  Rounds,  Taffe, 
Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahem, 
Ahrens,  Ainley,  Amidon,  Baker,  Bridgewater, 
Burkush,  Carpenter,  Carragher,  Carswell, 
Charpentier,  Cronin,  Crotty,  DeForte, 
William  Dion,  Donovan,  Duval,  Clyde  Eaton, 
Joseph  Eaton,  Ford,  Gagnon,  Richard  Galway, 
Gelinas,  Sal  Grasso,  Head,  Heald,  Hendrick, 
Howard  Humphrey,  Thomas  Hynes,  Kashulines, 
Katsiaficas,  Keefe,  Kizala,  Knight, 
Lawrence,  Leclero,  Lefebvre,  Martineau, 
Howard  Mason,  Mazur,  McGlynn,  Milton  Meyers, 
Mulligan,  Murray,  Nardi,  Nemzoff,  George 
Papadopoulos,  Pariseau,  Peters,  Plomaritis, 
Peter  Ramsey,  Record,  Roy,  William  Russell, 
Sallada,  Silva,  B.  P.  Smith,  Edward  Smith, 
Leonard  Smith,  Soucy,  Spirou,  Stone, 
Stylianos,  James  Sullivan,  Mary  Sullivan, 
Tamposi,  Turgeon,  Vachon,  Van  Loan,  Wallace, 
Ware,  James  J.  White,  M.  Arnold  Wight  and 
Winn. 

MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  Brady,  Milton  Gate,  Degnan,  Hanus, 
Holmes,  Kidder,  Lewis,  David  Packard,  Paire, 
Rayno,  Stark,  Stio,  Lawrence  Sullivan, 
Trachy,  Underwood,  Mary  Jane  Wallner  and 
Wiviott. 

ROCKINGHAM:   Aeschliman,  Benton,  Blanchette, 
William  Boucher,  Burdick,  Cahill,  Marilyn 
Campbell,  Carpenito,  Connors,  Cote,  Cotton, 
Day,  Espinola,  Felch,  Flanagan,  Flanders, 
Beverly  Gage,  Thomas  Gage,  Kenneth  Gould, 


Selma  Gould,  Hoar,  John  Hynes,  Kane,  Roger 
King,  Kozacka,  Krasker,  Leslie,  Lovejoy, 
Robert  Mason,  Newell,  Osborn,  Parr,  Quimby, 
Read,  Romoli,  Scamman,  Schmidtchen,  Skinner, 
Stimmell,  Sytek,  Tavitian,  Vlack,  Wolf sen 
and  Raymond  Wood. 

STRAFFORD:   Belhumeur,  Bernard,  Bickford, 
Blouin,  Bouchard,  Chagnon,  James  Demers, 
Phyllis  DeNafio,  Teresa  DeNafio,  Albert 
Dionne,  Donnelly,  Drew,  Anita  Flynn,  Gauvin, 
Hennessey,  Kincaid,  Meader,  Pageotte, 
Sackett,  Donald  Smith,  Ralph  Torr  and 
Whitehead. 

SULLIVAN:   David  Campbell,  D'Amante,  Gordon 
Flint,  Forrest,  Leonard  Gray,  Palmer, 
Spaulding  and  Townsend. 

NAYS  83 

BELKNAP:   Rollins  and  David  Whittemore. 

CARROLL:   Chase,  Heath  and  Kenneth  Smith. 

CHESHIRE:  Crane,  Robert  Galloway,  O'Connor 
and  Wiggin. 

COOS:   Brideau,  Chappell,  Richard  Demers  and 
Theriault. 

GRAFTON:   Buckman,  Nelson  Chamberlin, 
Christy,  Clark,  Hammond  and  Seely. 

HILLSBOROUGH:   Ahlgren,  Bosse,  Dolbec, 
Granger,  Hall,  Horan,  Labombarde,  Madigan, 
Messier,  Naro,  Pastor,  Robie,  G.  Philip 
Rodgers,  Steiner,  Sweeney,  Bernice  Welch, 
Emma  Wheeler,  Kenneth  Wheeler  and  Zajdel. 

MERRIMACK:   Bowes,  Carroll,  John  Gate, 
Daniell,  Locke,  Morse,  Nichols,  Parker, 
Doris  Riley,  Margaret  Roberts,  William 
Roberts,  Savaria,  Gerald  Smith,  Rick 
Trombly,  Waters,  Ashton  Welch  and  James 
Whittemore. 

ROCKINGHAM:   Butler,  Ellyson,  Kelley, 
LoFranco,  Joseph  MacDonald,  Mace,  Norman 
Myers,  Nevins,  Pantelakos,  Pevear,  Myrtle 
Rogers,  Schwaner,  Shurtleff,  Splaine  and 
Warburton. 

STRAFFORD:   Appleby,  James  Chamberlin, 
Creteau,  Demetraoopoulos,  Maglaras, 
Schreiber  and  Franklin  Torr. 

SULLIVAN:   Brodeur,  Cutting,  Sim  Gray, 
Ingram,  LeBrun  and  Quinlan,  and  the 
amendment  was  adopted. 

Rep.  Kidder  offered  an  amendment. 

ftmendmeriL 

Amend  the  introductory  amending  language 
to  section  1  of  the  bill  by  striking  out 
same  and  inserting  in  place  thereof  the 
following: 

1  Appropriations  Amended.  Amend  1981, 
568:1  as  amended  by  I98IS,  1:2,  and  198IS, 
1:11  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 


HOUSE  JOURNAL  16FEB82 


451 


Amend   the   bill  by  striking  out  section 
2,    III  and  inserting  in  place  thereof  the 
following: 

III.     Amend   1981,    568:163   by 
striking  out  said  section  and  inserting  in 
place   thereof  the   following: 

568:163     Salary  Increases. 

I.  Salary  Increases.      Commencing 
July   3,    1981,    the   salary  of  every 
classified,    unclassified,    judicial  and 
legislative  state  employee  shall  be 
increased  by  9  percent  of  the  amount   such 
employee   is   receiving  on  July  2,    I98I. 
Commencing  July  2,    1982,    the  salary  of  every 
classified,    unclassified,    judicial  and 
legislative  state  employee  shall  be 
increased   by  9   percent   of  the   amount   such 
employee   is   receiving  on  July   1,    1982.     The 
director  of  legislative  services  is  hereby 
directed  to  change  the  salaryschedules  and 
tables  and    introductory   paragraphs   in  RSA 
94:1-a,   RSA  99:1-a  and  RSA  i491-A:1   to 
reflect   the  9   percent   increase   provided    for 
herein  and  said  schedules  and   tables  and 
paragraphs  are  hereby  so  amended  commencing 
July  3,    1981. 

II.  Appropriation   for  Unclassified 
Employees  and  Judicial  Salary  Increases.      In 
addition  to  any  other  sums  previously 
appropriated,    there  are   hereby  appropriated 
for  the   fiscal  year  ending  June  30,    1983, 
for   the   salary   increases   for   the 
unclassified  state   employees  and   judicial 
salary  increases  as  provided   in  this  act  the 
following   sums:      $560,849   from  the   general 
funds  of  the  state,    $59,125   from  the  highway 
fund,    $2,881   from  the   fish  and  game  fund, 
$25,300   from  federal  funds,    and  $18,550   from 
self-sustaining  funds.     The  governor  is 
authorized   to  draw  his  warrants   for  the   sums 
hereby  appropriated. 

III.  Appropriations  for  Retirement 
and  OASI.     In  addition  to  any  other  sums 
previously  appropriated,    there  are  hereby 
appropriated   for  the   fiscal  year  ending  June 
30,    1983,    for   retirement   and   OASI   for 
unclassified  state   employees  and   judicial 
officers   the   following   sums:      $16,808   from 
the  general  funds  of  the  state,    $1,773   from 
the  highway   fund,    $86   from  the   fish  and  game 
fund,    $712   from   federal   funds   and   $1,456 
from  self-sustaining   funds.      The   governor   is 
authorized  to  draw  his  warrants   for  the  sums 
hereby  appropriated. 

IV.  Appropriation   for   Classified 
State   Employees  Salary  Increase.      In 
addition   to  any  other   sums   previously 
appropriated   there  are  hereby  appropriated 
for  the   fiscal  year  ending  June  30,    1983, 
for  the  salary  increases  for  classified 
state  employees  the   following  sums: 

$8,  r62,779rrom  the  general  Tunds  of  the 
state,    $3,053,619   from  the   highway   fund, 
$214,965   from  the   fish  and  game  fund, 
$2,379,645   from  federal  funds  and  $596,455 
from  self-sustaining   funds.      The  governor   is 
authorized   to   draw  his   warrants   for   the   sums 
hereby  appropriated. 

V.  Appropriation    for  Retirement 
and  OASI.      In  addition   to   any  other   sums 
appropriated   for   retirement  and   OASI   for   the 
salary  increases   for  classified  employees 
provided   for  herein  for   the   fiscal  year 
ending  June  30,    1983,    the  following  sums  are 


appropriated:      $756,763   from  the   general 
funds  of  the   state,    $285,228   from  the 
highway  fund,    $20,180   from  the   fish  and  game 
fund,    $216,989   from   federal   funds  and 
$55,196    from  self-sustaining  funds.      The 
governor   is   authorized   to   draw  his   warrants 
for   the   sums   hereby  appropriated. 

VI.  Comptroller   to   Allocate.      The 
sums   authorized    by   this   section   shall   be 
appropriated   only   if,    on  June    15,    1982,    the 
comptroller,    after  consultation  with  and  the 
approval  of  the   fiscal  committee   of  the 
general  court,    shall   certify   to   the  governor 
and   council,    that   the   projected   surplus   of 
all  the  applicable  funds  for  the  end  of  the 
biennium  are,    in  and  of  themselves 
individually,    sufficient   to   fund   said 
appropriations.      In  making  such 
certification,    the   comptroller  shall 
identify,    by  fund,    the   reduced  expenditures 
or  increased   revenues  to   be  realized  within 
this   biennium  as   a   result   of  recommendations 
of  the   governor's  management   review  which 
have   been   implemented   through  either 
executive  or  legislative  action  by  June   15, 
1982.     Subject  to  the   foregoing  provisions 
of  this  paragraph,    the  comptroller  is  hereby 
authorized  and  directed   to  allocate   the  sums 
appropriated   by   this  act   for  salary 
increases  to  the  various  program 
appropriation  units  on   the  same  ratio  that 
the   appropriation    in  each  PAU   for  personnel 
services  bears   to   the   total  appropriation 
for  personnel  services. 

VII.  University  System.     The 
trustees  of  the  university  system  of  New 
Hampshire   shall   be  authorized   funds   to 
provide  the  same  salary  increase  or 
increases  as  are  provided   to  classified 
state  employees  only  if,    before  June   15, 
1982,    the  chancellor  shall  provide  evidence 
to  the  comptroller  of  sufficiently  reduced 
expenditures  or  increased   revenues   to  be 
realized  within  the  university  system  within 
the   biennium  as  a   result   of   implementation 
of  the  governor's  management   review  to  fund 
an  appropriation   for   that   purpose;    and 
further,    the  appropriation  made   in  this 
paragraph  shall  be  appropriated  only  if,    on 
June   15,    1982,    the  comptroller,    after 
consultation  with  and  approval  of  the   fiscal 
committee   of  the   general  court,    shall 
certify   to   the   governor  and   council   that,    in 
addition   to   the  projected  surplus  required 
by  paragraph  VI,    there   is  a  sufficient 
projected  surplus   in  the  general  fund  to 
fund  any  difference   between  the  amounts 
realized   by   the  efficiencies  within  the 
university  system  and   the   total   required. 

In  making  such  certification,    the 
comptroller  shall   identify  the   reduced 
expenditures  or  increased   revenues  to   be 
realized   within   the   university  system  within 
the  biennium  as  a  resuTt  of  Implefflentatt^sn 
of  the  governor's  management   review  by  June 
15,    1982.     Subject  to  these  provisions,    the 
comptroller   is   authorized    to   allocate   the 
sum  required   to   fully  fund   the  pay  increase 
authorized   by  this  paragraph  to  the   trustees 
of  the   university  system  of  New  Hampshire, 
and   that  sum  is  hereby  appropriated.     The 
governor   is   authorized   to   draw  his   warrant 
for   said   sum  out  of  any  money   in   the 
treasury  not   otherwise  appropriated. 


452 


HOUSE  JOURNAL  16FEB82 


Amend  the  bill  by  striking  out  section 
2,  IX  and  inserting  in  place  thereof  the 
following: 

IX.  Amend  1981,  568:26  by  striking 
out  said  section  and  inserting  in  place 
thereof  the  following: 

568:26  Study  Authorized.  The 
legislative  fiscal  conmittee  shall  conduct  a 
study  of  the  Laconia  state  school  and 
training  center,  the  New  Hampshire  hospital 
and  the  Glencliff  home  for  the  elderly  to 
determine  the  long  range  need  for 
centralized  in-patient  psychiatric  services 
in  New  Hampshire  and  the  physical  plant 
requirements  to  meet  those  needs.  The 
committee  may  hire  a  consulting  firm  to 
conduct  the  study.  The  components  of  the 
study  shall  be: 

I.  An  assessment  of  needs  over  a  5 
to  20  year  period  for  a  centralized 
in-patient  psychiatric  facility,  considering 
the  population  to  be  served  and  the  type  and 
quantity  of  services  necessary. 

II.  Determination  of  the  ideal 
physical  plant  to  provide  such  services. 

III.  An  assessment  of  the 
suitability  of  the  existing  Laconia  state 
school  and  training  center.  New  Hampshire 
hospital  and  Glencliff  home  for  the  elderly 
plants,  including  any  recommended 
modifications.   If  the  existing  plants  are 
found  unsuitable,  all  specifications  for 
replacement,  including  structure,  location 
and  cost  shall  be  set  out,  and  options  for 
disposing  of  the  existing  plant  shall  be 
identified. 

IV.  Preparation  of  a  plan,  setting 
out  options  with  attendant  costs  and  time 
frames,  for  any  changes  by  the  division  of 
mental  health  and  developmental  services, 
department  of  health  and  welfare,  deemed 
advisable  as  a  result  of  the  conclusions 
reached  relative  to  paragraphs  I,  II  and 
III.   The  sum  of  $50,000  is  hereby 
appropriated  to  the  fiscal  committee  for  the 
purpose  of  conducting  the  study.  The 
governor  is  authorized  to  draw  his  warrant 
for  said  sum  out  of  any  money  in  the 
treasury  not  otherwise  appropriated.  The 
fiscal  committee  shall  report  to  the  general 
court  not  later  than  December  1,  1982. 

Amend  the  bill  by  striking  out  section 
25  and  inserting  in  place  thereof  the 
following: 

25  Wetlands  Board.  Amend  RSA 
483-A:1-c,  I  (supp)  as  inserted  by  1979, 
392:1  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following: 

I.  There  is  hereby  established  a 
wetlands  board  for  the  purpose  of  carrying 
out  the  provisions  of  law  conferring  on  tlie 
water  resources  board  authority  to  decide 
matters  relative  to  resources  of  the  state, 
including  but  not  limited  to  excavating, 
dredging  and  filling  waters  of  the  state. 
Appointees  and  officials  shall  have  voting 
rights  as  members  of  the  wetlands  board; 
provided,  however,  that  nothing  herein  shall 
be  construed  as  affecting  other  duties  of 
the  water  resources  board  with  reference  to 
dams,  water  levels  and  administration  of  the 
department.  The  wetlands  board  shall  be 
composed  of  the  following: 


(a)  The  executive  director  of 
the  department  of  the  fish  and  game  or  his 
designee; 

(b)  The  commissioner  of  the 
department  of  public  works  and  highways  or 
his  designee; 

(c)  The  commissioner  of  the 
department  of  resources  and  economic 
development  or  his  designee; 

(d)  The  director  of  the 
office  of  state  planning  or  his  designee; 

(e)  The  executive  director  of 
the  water  supply  and  pollution  control 
commission  or  his  designee; 

(f)  The  commissioner  of  the 
department  of  safety  or  his  designee; 

(g)  The  chairman  of  the  water 
resources  board  or  his  designee;  and 

(h)  2  members  of  the  public 
appointed  by  the  governor  and  council  for  a 
term  of  3  years  or  until  a  successor  is 
chosen.  One  of  these  shall  be  a  member  of  a 
municipal  conservation  commission  at  the 
time  of  appointment,  and  one  shall  be  an 
elected  municipal  official  at  the  time  of 
appointment.  The  2  members  appointed  under 
this  subparagraph  shall  be  entitled  to 
expenses  as  may  be  authorized  by  governor 
and  council. 

Amend  the  bill  by  striking  out  section 
107  and  inserting  in  place  thereof  the 
following: 

107  Appropriation  of  Excess  OHRV 
Revenue.  OHRV  registration  fees  in  excess 
of  $281,250  and  special  OHRV  registration 
fees  in  excess  of  $50,000  in  each  year  of 
the  1982-I983  biennium  may  be  expended  with 
prior  approval  of  the  governor  and  council. 
The  excess  revenue  is  hereby  appropriated  to 
the  fish  and  game  department  and  the 
department  of  resources  and 
economicdevelopraent  in  the  same  proportion 
as  appropriated  in  198I,  568:1,  03,  01,  04 
for  OHRV  enforcement  and  in  accordance  with 
the  provisions  of  RSA  215-A:23. 

108  Wildlife  Damage.  Amend  RSA  211:74 
as  inserted  by  1971,  184:1  by  striking  out 
said  section  and  inserting  in  place  thereof 
the  following: 

211:74  Damage  Actions.  When,  in  the 
opinion  of  the  director,  the  damage  to 
fishlife  and  other  aquatic  life  or  wildlife 
or  their  habitat  so  warrants,  he  shall 
request  the  attorney  general  to  institute  an 
action  at  law  for  damage  to  fishlife  and 
other  aquatic  life  or  wildlife  or  their 
habitat,  caused  by  the  contamination.  Any 
such  damages  so  recovered  shall  be  credited 
to  the  fish  and  game  fund  as  established 
under  RSA  206:33- 

109  Repeal.  RSA  212-A:15  relative  to 
endangered  species  program  funding  is  hereby 
repealed. 

110  Executive  Directors  Eligible; 
Paragraph  Amended. 

I.  Notwithstanding  the  provisions 
of  section  58,  paragraph  II  of  this  act, 
both  the  executive  director  of  the  state 
racing  commission  and  the  executive  director 
of  the  greyhound  racing  commission,  which 
agencies  are  replaced  by  the  New  Hampshire 
state  greyhound  and  horse  racing  commission 
in  this  act,  shall  be  eligible  for 
appointment  to  the  positions  of  director  and 


HOUSE  JOURNAL  16FEB82 


453 


deputy  director  of  the  New  Hampshire  state 
greyhound  and  horse  racing  commission. 

II.  RSA  281:6-a,  I  as  inserted  by 
section  58,  I  of  this  act  is  null  and  void. 
The  correct  text  of  RSA  28t:6-a,  I  shall  be 
as  follows: 

I.  There  shall  be  a  state 
greyhound  and  horse  racing  commission 
consisting  of  5  members  appointed  by  the 
governor  with  the  advice  and  consent  of  the 
council.  Not  more  than  3  members  shall 
belong  to  the  same  political  party.  Two  of 
the  members  shall  represent  the  interest  of 
greyhound  racing.  One  member  shall 
represent  the  interests  of  thoroughbred 
horse  racing.  One  member  shall  represent 
the  interest  of  harness  horse  racing.  The 
fifth  member  shall  represent  the  public. 
Such  public  member  shall  be  a  person  who  is 
not  and  never  was  previously  associated  with 
greyhound  or  horse  racing,  nor  the  spouse  of 
any  such  person,  and  who  does  not  have  and 
never  has  had  a  material  financial  interest 
in  greyhound  or  horse  racing  or  an  activity 
directly  related  to  either  type  of  racing 
including  the  representation  of  any  person 
associated  with  greyhound  or  horse  racing 
for  a  fee  at  anytime  during  the  5  years 
preceding  appointment.  Each  member  shall 
hold  office  for  a  term  of  3  years  and  until 
his  successor  has  been  appointed  and 
qualified.   Any  vacancy  shall  be  filled  for 
the  unexpired  term.   Annually,  one  member 
shall  be  chosen  chairman  by  the  commission, 
and  one  shall  be  chosen  as  secretary. 

Ill  Capitation  Grants.  Amend  section  1 
of  the  bill  by  amending  the  following  P All's 
as  specified,  and  by  changing  subtotals  and 
totals  as  required: 

06,02,01,96 
Strike 


96  Special  Student 
Grant  -  veterinary 

Insert 

96  Special  Student 
Grant  -  veterinary 

06,02,01,97 
Strike 

97  Special  Student 
Grant   -  Dartmouth 


199,000        199,000 


199,000        212,000 


200,956        137,500 


97     Special  Student 
Grant   -  Dartmouth  200,956        187,500 

06,02,01 
Strike 


Estimated  Source 
of  Funds  -  General 


Insert 


Estimated  Source 
of  Funds  -  General 


879,064       811,519 


879,061*       874,519 


112  YDC  Pilot  Program. 

I.  The  board  of  trustees  of  the  youth 
development  center  is  hereby  authorized  to 


use  a  portion,  not  to  exceed  25  percent,  of 
its  appropriated  operating  funds  under  198I, 
568:1.02,  18  to  develop  and  implement  a 
pilot  program  of  community-based  treatment 
of  youths  committed  to  or  detained  at  the 
youth  development  center. 

II.  The  pilot  program  shall  be 
designed  to  provide  appropriate  care; 
maintenance,  including,  but  not  limited  to, 
secure  facilities;  and  treatment  for  not 
more  than  30  committed  or  detained  youths; 
provided,  however,  that  the  implementation 
of  the  pilot  program  shall  not  be  deemed  to 
authorize  any  expansion  in  the  total  number 
of  youths  served  by  the  youth  development 
center. 

III.  The  trustees  shall  purchase  such 
services  as  may  be  appropriate  for  the 
purposes  of  this  pilot  program  from  private 
providers,  in  accordance  with  standard  state 
contracting  procedures. 

IV.  The  trustees  shall  report  the 
results  of  the  program  to  the  governor,  the 
president  of  the  senate,  and  the  speaker  of 
the  house  of  representatives  not  later  than 
January  1,  1983.  The  report  shall  include 
any  recommended  legislation  relative  to 
liability  for  expenses  arising  from 
alternative  detention  and  treatment  of 
youths. 

V.  RSA  621:10,  IV  shall  remain  in 
effect,  but  shall  not  apply  to  those  youths 
served  under  the  pilot  program  authorized 
under  this  section  for  the  duration  of  such 
program. 

113  Town  Budgets.   Notwithstanding  any 
other  provision  of  law,  after  public 
hearing,  boards  of  selectmen  are  authorized 
to  adjust  revenues  and  expenditures  after 
adoption  of  a  1982  budget  to  reflect  changes 
in  highway  aid  made  by  the  legislature.  The 
authorization  made  by  this  section  shall 
cease  as  of  December  31,  1982. 

114  Rulemaking  Authority;  School 
Licensing  and  Curriculum.  Amend  RSA 
313-A:7,  IX  and  X  (supp)  as  inserted  by 
1981,  486;  1  by  stiking  out  said  paragraphs 
and  inserting  in  place  thereof  the  following: 

IX.  Conditions  for  practice  under 
temporary  licenses  issued  by  the  board; 

X.  Conditions  and  standards  for 
operation  under  a  shop  license,  including 
health  and  safety  standards; 

XI.  Licensing  and  approval  of  schools 
and  their  curriculum;  and 

XII.  Licensing  and  approval  of 
cosmetology  and  barberlng  instructors. 

115  License  Required.   Amend  RSA 
313-A:8,  II  and  III  (supp)  as  inserted  by 
1981,  486:1  by  striking  out  said  paragraphs 
and  inserting  in  place  thereof  the  following: 

II.  Operate  a  barbershop,  salon,  or 
school  unless  such  establishment  is  at  all 
times  under  the  direct  snpervislor  and 
management  of  a  professional  licensed  under 
this  chapter; 

III.  Hire  or  employ  any  person  to 
engage  in  the  practice  of  barbering  or 
cosmetology  unless  such  person  then  holds  a 
valid  license  or  a  temporary  permit  issued 
by  the  board  to  practice  the  respective 
profession; 

IV.  Operate  a  school  unless  it  has 
been  licensed  by  the  board  and  is  operated 
according  to  rules  adopted  by  the  board;  and 


454 


HOUSE  JOURNAL  16FEB82 


V.      Engage    in   the   instructing  of 
cosmetology  or  barbering  without  the 
appropriate   license   issued  under  this 
chapter. 

115     Department  of  Fish  and  Game; 
Supplemental  Appropriation.      In  addition   to 
any  other   sums  appropriated   to   the 
department  of  fish  and  game,    the   sum  of 
$67,000   is  hereby  appropriated   for  the 
biennium  ending  June  30,    1983,    to  the 
department   of  fish  and  game   for   the   purchase 
of  the   following  communications  and  other 
equipment. 

A.   Communications  Equipment. 

(1)  Twenty-five  hand  held  portable 
radios   so   that   each   conservation   officer  be 
equipped  with  a  radio. 

(2)  Three   hand   held   radios   to   be  used 
by   the   national  guard   helicopter   crews  and 
support  personnel. 

(3)  Five  headset  mikes  for  hand  held 
rad  ios . 

(4)  Two  mountain  top  repeaters. 

(5)  One  portable  base  station. 


Total  Communications 


B.      Other  Equipment 


$51,500.00 


(1)  Ten  winter  packs. 

(2)  Ten  pair  pile-lined   winter   pants. 

(3)  Three  snow  machines  and   trailers. 

(4)  Ten  pair  winter  gaiters. 

(5)  Ten  winter-type  hats   for  mountain 
use. 

(6)  Six   ice  axes. 

(7)  Ten  pair  crampons  for  soft 
winter-type  boots. 

(8)  Ten  first  aid  kits. 

(9)  Ten  pair  heavy-duty  type  gloves 
for  mountain  use. 


Total 


$15,500.00 


All  equipment  purchased  shall  be  under 
the  exclusive  control  of  the  director  of 
fish  and  game.  The  governor  is  authorized 
to  draw  his  vrarrant  for  said  sum  out  of  any 
money  in  the  treasury  not  otherwise 
appropriated. 

117  Youth  Development  Center.   Amend  the 
bill  by  striking  out  section  86  and 
inserting  in  place  thereof  the  following: 

86  Spaulding  Cottage;  Youth  Development 
Center.  Notwithstanding  any  other 
provisions  of  law,  the  sum  of  $75,000,  as 
appropriated  in  1981,  568:1.02,18,04  to  the 
New  Hampshire  youth  development  center  for 
fiscal  year  1983  shall  lapse.   If  the  pilot 
program  at  the  youth  development  center 
adopted  in  this  act  is  not  operating 
efficiently,  the  general  court  shall  review 
such  pilot  program  at  the  first  opportunity. 

TIB  Study  of  Heafth  Insurance; 
Appropriation.   The  sum  of  $25,000  is  hereby 
appropriated  to  the  house  of  representatives 
for  the  biennium  ending  June  30,  1983,  for 
the  purpose  of  hiring  consultants  to 
thoroughly  investigate  the  advantages  of  the 
state's  becoming  a  self- insurer  in  the 
health  insurance  it  provides  to  state 
employees.  The  speaker  of  the  house  shall 
be  responsible  for  hiring  the  consultants 
for  this  study,  and  he  shall  designate  a 
committee  of  the  house  to  carry  out  this 
study.  The  committee  sind  the  consultants 


shall  complete  their  study  and  submit  their 
findings  to  the  speaker  of  the  house  not 
later  than  June  30,  198 3.   The  governor  is 
authorized  to  draw  his  warrant  for  said  sum 
out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

119  Hiring  Freeze.   Amend  the  bill  by 
striking  out  section  11  and  inserting  in 
place  thereof  the  following: 

11  Hiring  Freeze.  All  permanent  or 
full-time  temporary  positions  funded  in 
whole  or  in  part  by  the  general  fund  which 
are  vacant  on  the  date  of  passage  of  this 
act,  or  which  become  vacant  on  any 
subsequent  date,  except  any  such  positions 
in  the  division  of  mental  health  and 
developmental  services  and  the  Laoonia  state 
school  and  training  center,  shall  remain 
vacant.   Individual  exceptions  to  this 
provision  may  be  requested  by  an  agency  or 
department  in  writing  to  the  governor.  Any 
exceptions  granted  by  the  governor  shall 
also  require  the  approval  of  the  ABCC  of  the 
general  court. 

120  Transfer  Authorized. 
Notwithstanding  the  provisions  of  RSA 
9:17-a,  9:17-c,  99:4,  and  section  11  of  this 
act,  for  the  period  from  July  1,  1982, 
through  August  15,  1982,  all  agencies  may, 
with  the  approval  of  the  comptroller, 
transfer  unexpended  appropriations  for 
permanent  and  full-time  temporary  employees, 
and  unexpended  appropriations  for  benefits, 
to  other  programs  within  each  program 
appropriation  unit  for  the  exclusive  purpose 
of  supplementing  appropriations  for 
permanent  and  full-time  temporary  employees, 
or  for  benefits.  This  authority  shall  not 
be  used  to  create  any  new  positions  without 
the  prior  approval  of  the  fiscal  committee 
as  provided  in  1981,  568:14. 

121  Effective  Date. 

I.  Sections  5,  6,  58  and  110  of  this 
act  shall  take  effect  July  1,  1982. 

II.  Sections  71  through  78  inclusive 
of  this  act  shall  take  effect  July  1,  1982. 

III.  Sections  88  through  102, 
inclusive,  and  section  106  of  this  act  shall 
take  effect  July  1,  1982. 

IV.  All  other  sections  of  this  act 
shall  take  effect  upon  its  passage. 

Rep.  Spirou  spoke  against  the  amendment. 

Reps.  Kidder  and  David  Campbell  spoke  in 
favor  of  the  amendment. 

Rep.  Townsend  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  243  NAYS  77 

YEAS  243 

BELKNAP:   Birch.  Bolduc.  Bowler,  Gary 
TJioiine,  French,  Earle  Hardy,  Hbrbrook, 
Lamprey,  Pearson,  Randall,  Rich,  Rollins, 
Sanders,  David  Whittemore  and  Zeckhausen. 

CABROLL:   Allen,  Barringer,  Chase,  Esther 
Davis,  Dickinson  and  Kenneth  MacDonald. 

CHESHIRE:   Barber,  Baybutt,  Crane,  Jesse 
Davis,  Daniel  Eaton,  Eisengrein,  Gordon, 
Hickey,  Johnson,  Lynch,  Matson,  Miller, 
Margaret  Ramsay,  Rouillard,  Patricia 
Russell,  Scranton  and  Jean  Vfhite. 


HOUSE  JOURNAL  16FEB82 


455 


COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Horton,  Langley,  Mayhew,  Oleson,  Valliere, 
Willey  and  Wiswell. 

GRAFTON:   Chambers,  Crory,  Driscoll, 
Haramond,  Michael  King,  LaMott,  Logan,  Look, 
Mann,  Mansfield,  Mclver,  Rounds,  Seely, 
Taffe,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahern, 
Ahrens,  Ainley,  Amidon,  Baker,  Bridgewater, 
Burkush,  Carpenter,  Carragher,  Charpentier, 
Crotty,  DeForte,  William  Dion,  Dolbec, 
Donovan,  Duval,  Joseph  Eaton,  Ford,  Richard 
Galway,  Gelinas,  Granger,  Sal  Grasso,  Head, 
Heald,  Hendrick,  Hovrard  Humphrey,  Thomas 
Hynes,  Kashulines,  Katsiaficas,  Keefe, 
Kizala,  Knight,  Labombarde,  Lawrence, 
Leclerc,  Lefebvre,  Madigan,  Martine?u, 
Howard  Mason,  Mazur,  McGlynn,  Messier, 
Milton  Meyers,  Mulligan,  Murray,  Nemzoff, 
Norman  Packard,  George  Papadopoulos, 
Pariseau,  Peters,  Plomaritis,  Peter  Ramsey, 
Record,  Robie,  Roy,  William  Russell, 
Sallada,  B.  P.  Smith,  Edward  Smith,  Leonard 
Smith,  Soucy,  Steiner,  Stone,  Stylianos, 
James  Sullivan,  Mary  Sullivan,  Tamposi, 
Turgeon,  Vachon,  Van  Loan,  Vergas,  Wallace, 
Ware,  Bernice  Welch,  Emma  Wheeler,  M.  Arnold 
Wight,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  Bowes,  Brady,  Milton  Gate,  Degnan, 
Hanus,  Holmes,  Kidder,  Lewis,  Locke, 
Nichols,  David  Packard,  Rayno,  Doris  Riley, 
Stark,  Stio,  Lawrence  Sullivan,  Trachy, 
Underwood,  James  Whittemore  and  Wiviott. 

ROCKINGHAM:  Aeschliman,  Benton,  Blanohette, 
William  Boucher,  Burdick,  Cahill,  Marilyn 
Campbell,  Carpenito,  Connors,  Cote,  Day, 
Espinola,  Felch,  Flanagan,  Flanders,  Beverly 
Gage,  Thomas  Gage,  Kenneth  Gould,  Selma 
Gould,  Hoar,  John  Hynes,  Kane,  Kelley,  Roger 
King,  Kozacka,  Krasker,  Lovejoy,  Mace, 
Robert  Mason,  Nevins,  Newell,  Osborn,  Parr, 
Quimby,  Schmidtchen,  Skinner,  Splaine, 
Stimmell,  Sytek,  Tavitian,  Vartanian,  Vlack, 
War burton,  Wolfsen  and  Raymond  Wood. 

STRAFFORD:   Belhumeur,  Bernard,  Bickford, 
Blouin,  Bouchard,  Chagnon,  James  Demers, 
Albert  Dionne,  Donnelly,  Drew,  Anita  Flynn, 
Gauvin,  Hennessey,  Kincaid,  Meader, 
Pageotte,  Sackett,  Donald  Smith,  Ralph  Torr 
and  Whitehead. 

SULLIVAN:   Brodeur,  David  Campbell, 
D'Amante,  Gordon  Flint,  Forrest,  Leonard 
Gray,  LeBrun,  Palmer,  Spaulding  and  Townsend. 

NAYS  77 

BEtKNftT:  Hildreth . 

CARROLL:   Heath,  Keller  and  Kenneth  Smith. 

CHESHIRE:   O'Connor,  Proctor  and  Wiggin. 

COOS:   Beaulac,  Brideau,  Richard  Demers, 
Lawrence  Guay,  George  Lemire,  Theriault  and 
York. 

GRAFTON:   Buckman,  Nelson  Chamber lln, 
Christy,  Clark  and  Copenhaver. 


HILLSBOROUGH:   Ahlgren,  Bosse,  Carswell, 
Cronin,  Clyde  Eaton,  Gagnon,  Hall,  Horan, 
Naro,  Pastor,  G.  Philip  Rodgers,  Silva, 
Spirou,  Sweeney,  Kenneth  Wheeler  and  James 
J.  White. 

MERRIMACK:   Carroll,  John  Gate,  Daniell, 
Morse,  Paire,  Parker,  Margaret  Roberts, 
William  Roberts,  Savaria,  Gerald  Smith,  Rick 
Trombly,  Mary  Jane  Wallner,  Waters  and 
Ashton  Welch. 

ROCKINGHAM:   Butler,  Cotton,  Ellyson, 
Leslie,  LoFranco,  Joseph  MacDonald,  Norman 
Myers,  Pantelakos,  Pevear,  Read,  Myrtle 
Rogers,  Romoli,  Scamman,  Schwaner  and 
Shurtleff. 

STRAFFORD:   Appleby,  James  Chamberlin, 
Creteau,  Demetracopoulos,  Phyllis  DeNafio, 
Teresa  DeNafio,  Maglaras,  Schreiber  and 
Franklin  Torr. 

SULLIVAN:   Cutting,  Sim  Gray,  Ingram  and 
Quinlan,  and  the  amendment  was  adopted. 

Reps.  Stimmell  and  LaMott  offered  an 
amendment . 

Amendment 

Amend  the  bill  by  striking  out  sections 
108,  Wildlife  Damage,  and  109,  Repeal,  and 
renumber. 

The  Assistant  Clerk  read  the  amendment. 
Reps.  Stimmell  and  LaMott  spoke  in  favor 
of  the  amendment. 
Amendment  adopted. 

Rep.  Sanders  offered  an  amendment. 

Amendment 

Amend  the  bill  by  striking  out  section  26 
and  renumbering  sections  27-121  as  sections 
26-120,  respectively. 

The  Assistant  Clerk  read  the  amendment. 
Rep.  Sanders  spoke  to  her  amendment. 
Reps.  Kidder  and  Heald  spoke  in  favor  of 
the  amendment. 

Amendment  adopted. 

Rep.  Spirou  offered  an  amendment. 

Amendment 

Amend   section   1   of  the   bill  by  amending 
the   following  PAU's  as  specified,   and   by 
changing  subtotals  and  totals  as  required: 

I.     06,    03,    13,    01 

Es Lima Lad  Sou rue   of  Funds 


Strike 

09     Tuition 
Insert 

09     Tuition 
Strike 

General  Fund 
Insert 

General  Fund 


690,260  804,153 

690,260  690,260 

1,643,514  1,548,733 

1,643,514  1,662,626 


456 


HOUSE  JOURNAL  16FEB82 


II.  06,   03,    l*),    01 
Estimated  Source  of  Funds 

Strike 

09  Tuition 
Insert 

09  Tuition 
Strike 

General  Fund 
Insert 

General  Fund 

III.  06,  03,  15,  01 
Estimated  Source  of  Funds 

Strike 

09  Tuition 
Insert 

09  Tuition 
Strike 

General  Fund 
Insert 

General  Fund 

IV.  06,  03,  16,  01 
Estimated  Source  of  Funds 

Strike 

09  Tuition 
Insert 

09  Tuition 
Strike 

General  Fund 
Insert 

General  Fund 

V.  06,  03,  17,  01 
Estimated  Source  of  Funds 

Strike 

09  Tuition 
Insert 

09  Tuition 
Strike 

General  Fund 
Insert 

General  Fund 

VI.  06,  03,  18,  01 
Estimated  Source  of  Funds 

Strike 

09  Tuition 
Insert 

09  Tuition 
Strike 

General  Fund 
Insert 

General  Fund 

VII.  06,  03,  19,  01 
Estimated  Source  of  Funds 

Strike 

09     Tuition 
Insert 

09     Tuition 
Strike 

General  Fund 
Insert 

General  Fund 


386,125  Ui»9,836 

386,125  386,125 

848, 51*8  791,459 

848,548  855,170 


338,825  394,731 

338,825  338,825 

852,184  786,922 

852,184  842,828 


259,000  301,735 

259,000  259,000 

652,385  614,990 

652,385  657,725 


316,375  368,577 

316,375  316,375 

839,005  836,932 

839,005  889,134 


374,500  436,292 

374,500  374,500 

665,474  608,115 

665,474  669,907 


216,950  252,747 

216,950  216,950 

514,633  477,568 

514,633  515,365 


Amend  section  2,    I  of  the   bill  by 
striking  out  same  and   inserting  in  place 
thereof  the   following: 


I.     Amend   I98I,    568:17   by  striking  out 
said  section  aind   inserting  in  place  thereof 
the   following: 

568:17     Tuition  at  Technical  Institute 
and  Vocational-Technical  Colleges. 
Notwithstanding  the  provisions  of  RSA 
188-A:8,   the   tuition   to  be  charged  at  the 
technical   institute  shall  be  $950   for 
in-state  students  and  $3,400   for 
out-of-state  students  annually,    and   the 
tuition   to   be  charged  at  the 
vocational-technical  colleges  shall  be  $900 
for   in-state   students  and  $3,200   for 
out-of-state  students  annually  for  the 
period  July   1,    1981,    through  June  30,    1983. 
Notwithstanding  any  act   to   the  contrary,   the 
state   board  of  education  shall  have  the 
authority  to   raise  tuition  at  the  New 
Hampshire  technical   institute  and   the  6  New 
Hampshire  vocational-technical  colleges  po 
that  when  said  tuition   is  added   to   the   state 
appropriation  the  gross  expenditure  amount 
will   be  maintained   for  the  next  two  year 
period.     Any  tuition   increase  shall  be  by  a 
like  amount  at  all  of  the 

vocational-technical  colleges  and  at  the  New 
Hampshire   technical   Institute.     All  sums 
received   through  appropriations  and  tuition 
shall  be  used   for  support  and  maintenance, 
including  personnel  services,    operating 
expenses  and  other  expenses,    incident   to  the 
proper  mainagement  and  operation  of  said 
institute  and  colleges. 

Rep.   Spirou  spoke  to  his  amendment  and 
yielded   to  questions. 

Rep.   Scranton  spoke  against   the  amendment 

Rep.   Kidder  spoke  against   the  amendment 
and  yielded   to  questions. 

Rep.   French   requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS      132     NAYS     192 

YEAS      1 32 

BELKNAP:  Birch,  Bolduc,  Bowler,  Earle 
Hardy,  Hildreth,  Lamprey,  Pearson,  Randall, 
David  Whittemore  and  Zeckhausen. 

CARROLL:  Dickinson  and  Heath. 

CHESHIRE:  Barber,  Hickey,  Lynch,  Miller, 
Proctor,  Rouillard  and  Wiggin. 

COOS:  Beau lac,  Brideau,  Lawrence  Guay, 
Langley,  George  Lemire,  Mayhew,  Theriault, 
Valliere  and  York. 

GRAFTON:   Chambers,  Copenhaver,  Crory, 
Michael  King,  Seely  and  Glyneta  Thomson. 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahern, 
Ahlgren,  Ainley,  Baker,  Bosse,  Bur^rush, 
Cronin,  Grotty,  Dolbec,  Donovan,  Duval, 
Gagnon,  Richard  Galway,  Gelinas,  Healy, 
Kizala,  Leclerc,  Lefebvre,  Mazur,  Messier, 
Mulligan,  Nardi,  Naro,  George  Papadopoulos, 
Pastor,  Peter  Ramsey,  G.  Philip  Rodgers, 
Roy,  Edward  Smith,  Leonard  Smith,  Spirou, 
Mary  Sullivan,  Sweeney,  Turgeon,  Vergas, 
Wallace,  Bernice  Welch,  James  J.  White,  Winn 
and  Zajdel. 

MERRIMACK:  Bellerose,  Bowes,  Carroll, 
Daniell,  Dean,  Degnan,  Hanus,  Paire,  Parker, 


HOUSE  JOURNAL  16FEB82 


457 


Savaria,  Gerald  Smith,  Lawrence  Sullivan, 
Rick  Trombly,  Mary  Jane  Wallner,  Ashton 
Welch,  James  Whittemore  and  Wiviott. 

ROCKINGHAM:   Benton,  Burdick,  Butler, 
Connors,  Cotton,  Thomas  Gage,  Kozacka, 
Leslie,  LoFranoo,  Joseph  MacDonald,  Norman 
Myers,  Pantelakos,  Pevear,  Read,  Myrtle 
Rogers,  Schwaner  and  Warburton. 

STRAFFORD:   Appleby,  Belhumeur,  Blouin, 
Bouchard,  Chagnon,  James  Chamber lin, 
Creteau,  Janes  Demers,  Demetracopoulos, 
Phyllis  DeNafio,  Teresa  DeNafio,  Donnelly, 
Anita  Flynn,  Gauvin,  Hennessey,  Kincaid, 
Pageotte,  Schreiber  and  Franklin  Torr. 

SULLIVAN:   Brodeur,  Forrest,  Ingram  and 
LeBrun. 

NAYS   192 

BELKNAP:  Gary  Dionne,  French,  Holbrook, 
Rich,  Rollins  and  Sanders. 

CARROLL:  Allen,  Barringer,  Chase,  Keller, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Daniel  Eaton,  Eisengrein,  Ernst,  Robert 
Gallovray,  Gordon,  Johnson,  Matson,  O'Connor, 
Margaret  Ramsay,  Patricia  Russell,  Scranton 
and  Jean  White. 

COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Richard  Demers,  Horton,  Oleson,  Willey  and 
Wiswell. 

GRAFTON:   Buckman,  Nelson  Chamberlin, 
Christy,  Clark,  Driscoll,  Hammond,  LaMott, 
Logan,  Look,  Mann,  Mansfield,  Mclver, 
Rounds,  Taffe,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:  Ahrens,  Amidon,  Boisvert, 
Bridgewater,  Carpenter,  Carragher,  Carswell, 
Charpentier,  DeForte,  William  Dion,  Clyde 
Eaton,  Joseph  Eaton,  Ford,  Granger,  Sal 
Grasso,  Hall,  Head,  Heald,  Hendrick,  Horan, 
Howard  Humphrey,  Thomas  Hynes,  Kashulines, 
Katsiaficas,  Keefe,  Knight,  Labombarde, 
Lawrence,  Madigan,  Martineau,  Howard  Mason, 
McGlynn,  Milton  Meyers,  Murray,  Nemzoff, 
Norman  Packard,  Pariseau,  Peters, 
Plomaritis,  Record,  Robie,  William  Russell, 
Sallada,  Silva,  B.  P.  Smith,  Soucy,  Steiner, 
Stone,  Stylianos,  James  Sullivan,  Tamposi, 
Vachon,  Van  Loan,  Ware,  Emma  Wheeler, 
Kenneth  Wheeler  and  M.  Arnold  Wight. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  Brady, 
John  Gate,  Milton  Gate,  Holmes,  Kidder, 
Lewis,  Locke,  Morse,  Nichols,  David  Packard, 
Rayno,  Doris  Riley,  Margaret  Roberts, 
William  Rcrtrerts,  Stark,  Stio,  Trachy, 
Underwood  and  Waters. 

ROCKINGHAM:  Aeschliman,  Blanchette,  William 
Boucher,  Cahill,  Marilyn  Campbell, 
Carpenito,  Cote,  Day,  Ellyson,  Felch, 
Flanagan,  Flanders,  Beverly  Gage,  Kenneth 
Gould,  Selma  Gould,  Hoar,  John  Hynes,  Kane, 
Kelley,  Roger  King,  Krasker,  Lovejoy,  Mace, 
Robert  Mason,  Nevins,  Newell,  Osborn,  Parr, 
Quimby,  Romoli,  Scamnan,  Schmidtchen, 
Shurtleff,  Skinner,  Splaine,  Stimmell, 
Sytek,  Tavitian,  Vartanian,  Vlack  and 
Wo If sen. 


STRAFFORD:   Bernard,  Bickford,  Albert 
Dionne,  Drew,  Maglaras,  Header,  Sackett, 
Donald  Smith,  Ralph  Torr  and  Whitehead. 

SULLIVAN:   David  Campbell,  Cutting, 
D'Amante,  Gordon  Flint,  Leonard  Gray,  Sim 
Gray,  Palmer,  Quinlan,  Spaulding  and 
Townsend,  and  the  amendment  lost. 

Rep.  Scamman  offered  an  amendment. 

Amendment 

Amend  the  bill  by  striking  out  section 
81,  Highway  Bonds  Authorized,  and  section 
87,  Bond  Issue  Authorized,  and  renumber. 

The  Assistant  Clerk  read  the  amendment. 

Rep.  Scamman  spoke  to  his  amendment  and 
yielded  to  questions. 

Reps.  LaMott  and  David  Campbell  spoke 
against  the  amendment. 

Rep.  Chase  spoke  in  favor  of  the 
amendment . 

Rep.  Scammcin  withdrew  his  amendment  and 
offered  another  amendment. 

Amendment 

Amend  the  bill  by  striking  out  section 
87,  Bond  Issue  Authorized,  and  renumber. 

The  Assistant  Clerk  read  the  amendment. 
Rep.  Scamman  spoke  to  his  amendment. 
Rep.  LaMott  spoke  against  the  amendment. 
Rep.  Peters  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 
YEAS   1141   NAYS  169 

YEAS  ^^^ 

BELKNAP:   Bowler,  Rollins,  Sanders,  David 
Whittemore  and  Zeckhausen. 

CARROLL:  Allen,  Barringer,  Chase, 
Dickinson,  Heath  and  Kenneth  Smith. 

CHESHIRE:  Crane,  Ernst,  Robert  Galloway, 
Gordon,  Johnson,  O'Connor,  Proctor,  Jean 
White  and  Wiggin. 

COOS:  Brideau,  Brungot,  Bums,  Chappell, 
Chardon,  Richard  Demers,  Horton,  George 
Lemire  and  Theriault. 

GRAFTON:  Buckman,  Nelson  Chamberlin, 
Christy,  Clark,  Crory,  Hammond,  Look, 
Mansfield,  Mclver,  Seely,  Glyneta  Thomson 
and  Roger  Wood . 

HILLSBOROUGH:   Ahrens,  Amidon,  Boisvert, 
Bosse,  Bridgewater,  Carpenter,  Dolbec, 
Donovan,  Clyde  Eaton,  Richard  Qalway, 
Granger,  Hall,  Horan,  Howard  Humphrey, 
Labombarde,  Lefebvre,  Madigan,  Messier, 
Milton  Meyers,  Naro,  Norman  Packard, 
Pariseau,  Peters,  G.  Philip  Rodgers, 
Sallada,  B.  P.  Smith,  James  Sullivan, 
Sweeney,  Tamposi,  Turgeon,  Vergas,  Wallace, 
Ware,  Emma  Wheeler,  Kenneth  Wheeler  smd 
James  J.  White. 

MERRIMACK:  Bellerose,  Bibbo,  Bowes,  John 
Gate,  Daniell,  Locke,  Nichols,  David 
Packard,  Paire,  Parker,  Margaret  Roberts, 


458 


HOUSE  JOURNAL  16FEB82 


William  Roberts,  Savaria,  Stio,  Waters, 
Ashton  Welch  and  James  Whittemore. 

ROCKINGHAM:   Burdick,  Butler,  Marilyn 
Campbell,  Ellyson,  Flanders,  Thomas  Gage, 
Kenneth  Gould,  Hoar,  Kelley,  Kozaoka, 
LoFranoo,  Mace,  Newell,  Osborn,  Pantelakos, 
Pevear,  Myrtle  Rogers,  Romoli,  Scamman, 
Schwaner,  Shurtleff,  Splaine,  Tavitian, 
Vartanian,  Warburton  and  Wolfsen. 

STRAFFORD:   Appleby,  Hick  ford,  James 
Chamberlin,  Creteau,  James  Demers, 
Demetracopoulos,  Donnelly,  Gauvin, 
Hennessey,  Maglaras,  Sackett,  Schreiber, 
Donald  Smith  and  Franklin  Torr. 

SULLIVAN:   Brodeur,  Gordon  Flint,  Forrest, 
Sim  Gray,  Ingram,  LeBrun  and  Quinlan. 

NAYS   169 

BELKNAP:  Birch,  Bolduc,  Gary  Dionne, 
French,  Earle  Hardy,  Hildreth,  Holbrook, 
Lamprey,  Pearson,  Randall  and  Rich. 

CARROLL:  Keller  and  Kenneth  MacDonald. 

CHESHIRE:  Barber,  Baybutt,  Jesse  Davis, 
Daniel  Eaton,  Eisengrein,  Hickey,  Lynch, 
Miller,  Margaret  Ramsay,  Rouillard,  Patricia 
Russell  and  Scranton. 

COOS:  Beaulac,  Lawrence  Guay,  Langley, 
Mayhew,  Oleson,  Valliere,  Willey,  Wiswell 
and  York. 

GRAFTON:  Chambers,  Copenhaver,  Driscoll, 
Michael  King,  LaMott,  Logan,  Mann,  Round, 
Taffe,  Walter  and  Ward. 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahern, 
Ahlgren,  Ainley,  Carragher,  Carswell, 
Charpentier,  Cronin,  DeForte,  William  Dion, 
Duval,  Joseph  Eaton,  Ford,  Gagnon,  Gelinas, 
Heald,  Healy,  Hendrick,  Kashulines, 
Katsiaficas,  Keefe,  Kizala,  Knight,  Leclerc, 
Martineau,  Howard  Mason,  McGlynn,  Mulligan, 
Murray,  Nardi,  Nemzoff,  George  Papadopoulos, 
Plomaritis,  Peter  Ramsey,  Robie,  Roy, 
William  Russell,  Silva,  Edward  Smith, 
Leonard  Smith,  Soucy,  Spirou,  Steiner, 
Stone,  Stylianos,  Mary  Sullivan,  Vachon,  Van 
Loan,  Bernice  Welch,  M.  Arnold  Wight,  Winn 
and  Zajdel. 

MERRIMACK:   Laurent  Boucher,  Brady,  Carroll, 
Dean,  Degnan,  Hanus,  Holmes,  Kidder,  Lewis, 
Morse,  Rayno,  Doris  Riley,  Gerald  Smith, 
Stark,  Lawrence  Sullivan,  Trachy,  Rick 
Trombly,  Mary  Jane  Wallner  and  Wiviott. 

ROCKINGHAM:   Aeschliman,  Benton,  Blanchette, 
Wl  ttrlanr  Bsuetrer ,  tsr-pgntto ,  Cennsrs ,  ceve , 
Day,  Felch,  Flanagan,  Beverly  Gage,  Selma 
Gould,  John  Hynes,  Kane,  Roger  King, 
Krasker,  Leslie,  Lockhart,  Lovejoy,  Joseph 
MacDonald,  Robert  Mason,  Norman  Myers, 
Nevins,  Parr,  Quimby,  Read,  Schmidtchen, 
Skinner,  Stimmell,  Sytek,  Vlack  and  Raymond 
Wood. 

STRAFFORD:   Belhumeur,  Bernard,  Blouin, 
Bouchard,  Chagnon,  Phyllis  DeNafio,  Teresa 
DeNafio,  Albert  Dionne,  Drew,  Anita  Flynn, 
Kincaid,  Header,  Pageotte,  Ralph  Torr  and 
Whitehead. 


SULLIVAN:   David  Campbell,  D'Amante,  Leonard 
Gray,  Palmer,  Spaulding  and  Townsend,  and 
the  amendment  lost. 

Rep.  Keller  notified  the  Clerk  that  he 
inadvertently  voted  nay  and  meant  to  vote 
yea. 

Rep.  Chambers  offered  an  amendment. 

Amendment 

Amend  section  2,    III  of  the   bill  by 
striking  out  same  and   inserting  in  place 
thereof  the   following: 

III.      Amend   198I,    568:163   by  striking 
out  said  section  and   inserting  in  place 
thereof  the   following: 

568:163     Salary  Increases. 

I.  Salary  Increases.      Commencing  July 
3,    1981,    the  salary  of  every  classified, 
unclassified,    judicial  and   legislative  state 
employee  shall  be   increased   by  9  percent  of 
the  amount   such  employee   is   receiving  on 
July  2,    1981.      Commencing  July  2,    1982,    the 
salary  of  every  classified,    unclassified, 
judicial  and   legislative  state  employee 
shall  be  increased   by  9  percent  of  the 
amount  such  employee   is   receiving  on  July  1, 
1982.     The  director  of  legislative  services 
is  hereby  directed   to  change   the  salary 
schedules  and   tables  and   introductory 
paragraphs   in  RSA  94:1-a,   RSA  99:1-a  and  RSA 
491-A:1   to  reflect  the  9  percent   increase 
provided   for  herein  and  said  schedules  and 
tables  and  paragraphs  are  hereby  so  amended 
commencing  July  3,    1981. 

II.  Appropriation   for  Unclassified 
Employee  and  Judicial  Salary  Increase.      In 
addition  to  any  other  sums  previously 
appropriated   there   is  hereby  appropriated 
for   the    fiscal  year   ending  June   30,    1982, 
for  the  salary  increases   for  unclassified 
state  employees  and   judicial  salary 
increases  as  provided   in  this  act   the 
following  sums:      $513,990   from  the  general 
funds  of  the   state,    $5t,243   from  the  highway 
fund,   $2,646   from  the   fish  and  game  fund, 
$22,716   from  federal  funds,    and  $44, 541    from 
self-sustaining  funds.      In  addition  to  any 
other  sums  previously  appropriated,    there   is 
hereby  appropriated   for  the   fiscal  year 
ending  June  30,    1983,    for  the  salary 
increases  for  unclassified  state  employees 
and   judicial  salary  increases  as  provided   in 
this  act  the   following  sums:      $1,074,239 
from  the  general  funds  of  the  state, 
$113,368   from  the  highway  fund,   $5,530   from 
the   fish  and  game  fund,   $47,476   from  federal 
funds  and  $93,091   from  self-sustaining 
funds.     The  governor  is  authorized  to  draw 
his  warrants   for  sums  hereby  appropriated. 

TTT.     ffpp"ropriatioTrb  for  Retirement 
and  OASI.     There   is  hereby  appropriated   in 
addition  to  any  other  sums  appropriated   for 
retirement   and  OASI   for  unclassified 
employees  and    judicial  officers   for  the 
fiscal  year  ending  June  30,    1982,    the 
following  sums:      $15,420   from  the  general 
funds  of  the  state,    $1,627   from  the  highway 
fund,   $79   from  the   fish  and  game   fund,   $681 
from  federal   funds,    and  $1,336   from 
self-sustaining  funds,    and   the   following 
sums  for  the   fiscal  year  ending  June  30, 
1983:      $32,228   from  the  general  funds  of  the 


HOUSE  JOURNAL  16FEB82 


459 


state,    $3,J400    from   the   highway  fund,    $165 
from  the   fish  and  game  fund,   $1,423   from 
federal   funds  and   $2,792   from 
self-sustaining  funds.     The  governor  is 
authorized   to   draw  his   warrants   for   the   sums 
hereby  appropriated. 

IV.  Appropriation   for  Classified 
State   Employee  Salary  Increase.      There   are 
hereby  appropriated   for   the   fiscal  year 
ending  June  30,    1982,    for  the   salary 
increases   for  classified  state   employees 
provided   for  herein  the   following  sums: 
$7,095,033   from  the  general  fund  of  the 
state,    $2,652,624   from  the   highway   fund, 
$186,768   from   the    fish  and  game   fund, 
$2,067,192  from  federal  funds  and  $517,734 
from  self-sustaining   funds.      There  are 
hereby  appropriated   for  the   fiscal  year 
ending  June  30,    1983,    for  the   salary 
increases   for  classified  state   employees 
provided   for  herein  the   following  sums: 
$15,257,812  from  the  general  fund  of  the 
state,    $5,706,243   from  the  highway  fund, 
$401,    733   from  the   fish  and  game  fund, 
$4,446,837   from  federal  funds  and  $1,114,189 
from  self-sustaining   funds.      The   governor   is 
authorized   to   draw  his   warrants    for   the   sums 
hereby  appropriated. 

V.  Appropriation   for  Retirement  and 
OASI.      There   is   hereby  appropriated    in 
addition   to  any   other  sums  appropriated   for 
retirement  and  OASI  for  the  salary  increases 
for  classified   employees   provided   for  herein 
for  fiscal  year  1982  the   following  sums: 
$653,121    from  the  general  funds  of  the 
state,    $248,067   from  the  highway  fund, 
$17,855   from  the   fish  and  game  fund, 
$188,532   from  federal  funds  and  $47,853   from 
self-sustaining  funds,    and   the   following 
sums   for   the   fiscal  year  ending  June   30, 
1983:      $1,409,884  from  the  general  funds  of 
the  state,    $533,295   from  the  highway  fund, 
$38,045   from  the   fish  and  game  fund, 
$405,521    from  federal  funds  and  $103,049 
from  self-sustaining  funds.     The  governor   is 
authorized  to  draw  his  warrants   for  the   sums 
hereby  appropriated. 

VI.  Comptroller  To  Allocate. 
Notwithstanding  any   other  provision   of   law, 
the  comptroller   is  hereby  authorized  and 
directed   to  allocate   the  sums  appropriated 
by  this  act   for  salary  increases  to  various 
program  appropriation  units  on   the  same 
ratio   that   the  appropriation    in  each  PAU   for 
personnel  services  bears   to  the   total 
appropriation   for  personnel  services. 

VII.  Appropriation   for  Cost  Package. 
There   is  hereby  appropriated   in  addition   to 
all  other  appropriations   the   following  sums 
for  fiscal  year   1982  to   implement   the 
balance  of  the  cost  package  of  the 
negotiated  agreement  between  the  state 
negotiating  committee  and   the  state 
employees  assbciatTbn  oT  New  Hampshire, 
Inc.,    dated  June   15,    1981:      $1,264,189   from 
the  general  funds  of  the  state,    $528,864 
from   the   highway   fund,    $23,282   from   the    fish 
and  game  fund,    $326,913  from  federal  funds 
and  $127,697   from  self-sustaining  funds. 
There   is  hereby  appropriated   in  addition   to 
all  other  appropriations  of  the   following 
sums  for   fiscal  year   1983:      $1,597,857   from 
the  general  funds  of  the   state,    $649,897 
from  the  highway  fund,   $31,043   from  the   fish 
and  game  fund,   $435,123   from  federal  funds 
and  $159,886   from  self-sustaining  funds. 


The  governor   is  authorized   to  draw  his 
warrants  for  the  sums  hereby  appropriated. 

Rep.   Chambers  spoke  to  her  amendment. 

Reps.   Margaret  Ramsay  and   Kidder  spoke 
against   the  amendment. 

Rep.   Hildreth  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS     94     NAYS     215 

YEAS     94 

BELKNAP:   Hildreth. 

CARROLL:   None. 

CHESHIRE:  Barber,  Crane,  Daniel  Eaton, 
Hiokey,  Lynch,  Proctor  and  Wiggin. 

COOS:  Beaulac,  Brideau,  Lawrence  Quay, 
Langley,  George  Lemire,  Mayhew,  Theriault, 
Valliere  and  York. 

GRAFTON:   Chambers,  Copenhaver,  Crory  and 
Michael  King. 

HILLSBOROUGH:   Ahlgren,  Burkush,  Cronin, 
Crotty,  Donovan,  Duval,  Gagnon,  Richard 
Galway,  Gelinas,  Hendrick,  Leclerc, 
Lefebvre,  Madigan,  McGlynn,  Messier, 
Mulligan,  Murray,  Naro,  Nemzoff,  George 
Papadopoulos,  Pastor,  Peter  Ramsey,  Robie, 
Roy,  Edward  Smith,  Spirou,  Mary  Sullivan, 
Sweeney,  Turgeon,  Vergas,  Wallace,  Bernice 
Welch,  James  J.  White  and  Zajdel. 

MERRIMACK:   Carroll,  Daniell,  Degnan,  Hanus, 
Morse,  Paire,  Savaria,  Gerald  Smith, 
Lawrence  Sullivan,  Rick  Trombly,  Mary  Jane 
Wallner  and  Ashton  Welch. 

ROCKINGHAM:   Burdick,  Carpenito,  Cotton, 
John  Hynes,  Kozacka,  Leslie,  LoFranco, 
Joseph  MacDonald,  Pantelakos,  Pevear,  Read, 
Shurtleff,  Splaine  and  Raymond  Wood. 

STRAFFORD:   Belhumeur,  Blouin,  Chagnon, 
James  Chamberlin,  Creteau,  Demetracopoulos, 
Phyllis  DeNafio,  Teresa  DeNafio,  Anita  Flynn 
and  Schreiber. 

SULLIVAN:   Brodeur,  Ingram  and  LeBrun. 

NAYS  215 

BELKNAP:   Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Holbrook, 
Lamprey,  Pearson,  Rich,  Rollins,  Sanders, 
David  Whittemore  and  Zeckhausen. 

CARROLL:  Allen,  Barringer,  Chase, 
Dickinson,  Heath,  Keller,  Kenneth  MacDonald 
and  KenffeTh  SmlTh. 

CHESHIRE:  Baybutt,  Jesse  Davis,  Eisengrein, 
Ernst,  Robert  Galloway,  Gordon,  Johnson, 
Miller,  O'Connor,  Margaret  Ramsay, 
Rouillard,  Patricia  Russell,  Scranton  and 
Jean  White. 

COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Richard  Demers,  Horton,  Oleson,  Willey  and 
Wiswell. 

GRAFTON:  Buckman,  Nelson  Chamberlin, 


460 


HOUSE  JOURNAL  16FEB82 


Christy,  Clark,  Driscoll,  LaMott,  Logan, 
Look,  Mann,  Mansfield,  Mclver,  Rounds, 
Seely,  Taffe,  Glyneta  Thomson,  Walter,  Ward 
and  Roger  Wood . 

HILLSBOROUGH:   Richard  Ahem,  Ahrens, 
Ainley,  Amidon,  Boisvert,  Bosse, 
Bridgewater,  Carpenter,  Carragher,  Carswell, 
Charpentier,  DeForte,  William  Dion,  Dolbec, 
Clyde  Eaton,  Joseph  Eaton,  Ford,  Granger, 
Sal  Grasso,  Hall,  Heald,  Horan,  Howard 
Humphrey,  Kashulines,  Katsiafioas,  Keefe, 
Kizala,  Knight,  Labombarde,  Lawrence, 
Martineau,  Howard  Mason,  Milton  Meyers, 
Nardi,  Norman  Packard,  Pariseau,  Peters, 
Plomaritis,  Record,  G.  Philip  Rodgers, 
William  Russell,  Sallada,  Silva,  B.  P. 
Smith,  Leonard  Smith,  Soucy,  Steiner,  Stone, 
Stylianos,  James  Sullivan,  Tamposi,  Vachon, 
Van  Loan,  Ware,  Emma  Wheeler,  Kenneth 
Wheeler  and  M.  Arnold  Wight. 

MERRIMACK:  Bellerose,  Bibbo,  Bowes,  Brady, 
John  Gate,  Dean,  Holmes,  Kidder,  Lewis, 
Locke,  Nichols,  David  Packard,  Parker, 
Rayno,  Doris  Riley,  Margaret  Roberts, 
William  Roberts,  Stark,  Stio,  Traohy, 
Waters,  James  Whittemore  and  Wiviott. 

ROCKINGHAM:  Aeschliman,  Blanchette,  William 
Boucher,  Butler,  Marilyn  Campbell,  Connors, 
Cote,  Day,  Ellyson,  Felch,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Selma  Gould,  Hoar,  Kane,  Kelley, 
Roger  King,  Krasker,  Lockhart,  Lovejoy, 
Mace,  Robert  Mason,  Norman  Myers,  Nevins, 
Newell,  Osborn,  Parr,  Quimby,  Myrtle  Rogers, 
Romoli,  Scamman,  Schwaner,  Skinner, 
Stimmell,  Sytek,  Tavitian,  Vartanian,  Vlack 
and  Warburton. 

STRAFFORD:   Appleby,  Bernard,  Bickford, 
Bouchard,  James  Demers,  Albert  Dionne, 
Donnelly,  Drew,  Gauvin,  Hennessey,  Kinoaid, 
Maglaras,  Meader,  Pageotte,  Sackett,  Donald 
Smith,  Franklin  Torr,  Ralph  Torr  and 
Whitehead. 

SULLIVAN:   David  Campbell,  Cutting, 
D'Amante,  Gordon  Flint,  Forrest,  Leonard 
Gray,  Sim  Gray,  Palmer,  Quinlan,  Spaulding 
and  Townsend,  and  the  amendment  lost. 

Rep.  Randall  abstained  from  voting  under 
Rule  16. 

Question  being  shall  HB  10-FN  be  ordered 
to  third  reading. 

Rep.  Bosse  spoke  against  the  report. 

Reps.  French  and  Sackett  spoke  in  favor 
of  the  report. 

Rep.  Granger  moved  that  HB  10  be  laid 
upon  the  table. 

Rep.  Mann  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  71   NAYS  248 

YEAS  71 

BELKNAP:  Rollins. 

CARROLL:  Allen  and  Heath. 

CHESHIRE:  Crane,  Johnson,  O'Connor  and 
Wiggin. 


COOS:  Bums,  Chappell,  Richard  Demers  aind 
Theriault. 

GRAFTON:   Buckman,  Christy,  Clark,  Hammond 
and  Glyneta  Thomson. 

HILLSBOROUGH:  Ahrens,  Amidon,  Boisvert, 
Bosse,  Cronin,  Dolbec,  Clyde  Eaton,  Gagnon, 
Granger,  Healy,  Labombarde,  Leclerc, 
Madigan,  Messier,  Naro,  Norman  Packard, 
Robie,  G.  Philip  Rodgers,  Sallada,  Sweeney, 
Wallace,  Emma  Wheeler,  Kenneth  Wheeler  and 
Zajdel. 

MERRIMACK:  John  Gate,  Daniell,  Nichols, 
Paire,  Parker,  Margaret  Roberts,  William 
Roberts,  Savaria,  Gerald  Smith  and  Ashton 
Welch. 

ROCKINGHAM:  Ellyson,  Flanders,  Thomas  Gage, 
John  Hynes,  Kelley,  Roger  King,  LoFranco, 
Mace  and  Splaine. 

STRAFFORD:   Appleby,  James  Chamberlin, 
Creteau,  Demetracopoulos,  Donnelly, 
Schreiber,  Donald  Smith  and  Franklin  Torr. 

SULLIVAN:   Brodeur,  Sim  Gray,  Ingram  and 
Quinlan. 

NAYS  248 

BELKNAP:  Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Hildreth, 
Holbrook,  Lamprey,  Pearson,  Randall,  Rich, 
Sanders,  David  Whittemore  and  Zeckhausen. 

CARROLL:  Barringer,  Chase,  Dickinson, 
Keller,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Barber,  Baybutt,  Jesse  Davis, 
Daniel  Eaton,  Eisengrein,  Ernst,  Robert 
Galloway,  Gordon,  Hickey,  Lynch,  Matson, 
Miller,  Proctor,  Margaret  Ramsay,  Patricia 
Russell,  Scranton  and  Jean  White. 

COOS:  Beaulac,  Brideau,  Brungot,  Chardon, 
Lawrence  Guay,  Horton,  Langley,  George 
Lemire,  Mayhew,  Oleson,  Valliere,  Willey, 
Wiswell  and  York. 

GRAFTON:   Nelson  Chamberlin,  Chambers, 
Copenhaver,  Crory,  Driscoll,  Michael  King, 
LaMott,  Logan,  Look,  Mann,  Mansfield, 
Mclver,  Rounds,  Seely,  Taffe,  Walter,  Ward 
and  Roger  Wood . 

HILLSBOROUGH:  Debora  Ahern,  Richard  Ahem, 
Ahlgren,  Ainley,  Baker,  Bridgewater, 
Buricush,  Carpenter,  Carragher,  Carswell, 
Charpentier,  Grotty,  DeForte,  William  Dion, 
Donovan,  Duval,  Joseph  Eaton,  Ford,  Richard 
Galway,  Gelinas,  Sal  Grasso,  Hall,  Head, 
Heald,  ttendrlck,  Horan,  Howard  Humphrey, 
Kashulines,  Katsiaficas,  Keefe,  Kizala, 
Knight,  Lawrence,  Lefebvre,  Martineau, 
Howard  Mason,  McGlynn,  Milton  Meyers, 
Mulligan,  Murray,  Nardi,  Nemzoff,  George 
Papadopoulos,  Pariseau,  Pastor,  Peters, 
Plomaritis,  Peter  Ramsey,  Record,  Roy, 
William  Russell,  Silva,  B.  P.  Smith,  Edward 
Smith,  Leonard  Smith,  Soucy,  Spirou, 
Steiner,  Stone,  Stylianos,  James  Sullivan, 
Mary  Sullivan,  Tamposi,  Turgeon,  Vachon,  Van 
Loan,  Vergas,  Ware,  Bern ice  Welch,  James  J. 
White,  M.  Arnold  Wight  and  Winn. 


HOUSE  JOURNAL  16FEB82 


461 


MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  Bowes,  Brady,  Carroll,  Dean, 
Degnan,  Hanus,  Holmes,  Kidder,  Lewis,  Locke, 
Morse,  David  Packard,  Rayno,  Doris  Riley, 
Stark,  Stio,  Lawrence  Sullivan,  Trachy,  Rick 
Trombly,  Mary  Jane  Wallner,  Waters,  James 
Whittemore  and  Wiviott. 

ROCKINGHAM:   Aeschliman,  Benton,  Blanchette, 
William  Boucher,  Burdick,  Butler,  Cahill, 
Marilyn  Campbell,  Carpenito,  Connors,  Cote, 
Cotton,  Day,  Felch,  Flanagan,  Beverly  Gage, 
Kenneth  Gould,  Selma  Gould,  Hoar,  Kane, 
Kozacka,  Krasker,  Leslie,  Lockhart,  Lovejoy, 
Joseph  MacDonald,  Robert  Mason,  Norman 
Myers,  Nevins,  Newell,  Osborn,  Pantelakos, 
Parr,  Pevear,  Quimby,  Read,  Myrtle  Rogers, 
Scamman,  Schmidtchen,  Schwaner,  Shurtleff, 
Skinner,  Stimmell,  Sytek,  Tavitian, 
Vartanian,  Vlack,  Warburton  and  Raymond  Wood. 

STRAFFORD:  Belhumeur,  Bernard,  Bickford, 
Blouin,  Bouchard,  Chagnon,  James  Demers, 
Phyllis  DeNafio,  Teresa  DeNafio,  Albert 
Dionne,  Drew,  Anita  Flynn,  Gauvin, 
Hennessey,  Kincaid,  Maglaras,  Meader, 
Pageotte,  Sackett,  Ralph  Torr  and  Whitehead. 

SULLIVAN:   David  Campbell,  Cutting, 
D'Amante,  Gordon  Flint,  Forrest,  Leonard 
Gray,  LeBrun,  Palmer,  Spaulding  and 
Townsend,  and  the  motion  lost. 

Question  being  shall  HB  10-FN  be  ordered 
to  third  reading. 

Rep.  Horan  spoke  against  the  Committee 
report. 

Rep.  Mann  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  219  NAYS   10U 

YEAS  219 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Holbrook,  Lamprey,  Pearson,  Randall  eind  Rich. 

CARROLL:  Barringer,  Chase,  Dickinson, 
Keller  and  Kenneth  MacDonald. 

CHESHIRE:  Barber,  Baybutt,  Jesse  Davis, 
Daniel  Eaton,  Eisengrein,  Gordon,  Hickey, 
Lynch,  Matson,  Miller,  Proctor,  Margaret 
Ramsay,  Rouillard,  Patricia  Russell, 
Scranton  and  Jean  White. 

COOS:  Beaulac,  Brungot,  Burns,  Chardon, 
Horton,  Langley,  George  Lemlre,  Mayhew, 
Oleson,  Valliere,  Willey,  Wiswell  and  York. 

GRAFTON:   Copenhaver,  Crory,  Driscoll, 
Michael  King,  LaMott,  Logan,  Mann, 
Mansfield,  Mclver,  Rounds,  Seely,  Taffe, 
Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Debora  Ahem,  Richard  Ahern, 
Ainley,  Baker,  Boisvert,  Bridgewater, 
Burkush,  Carpenter,  Carragher,  Carswell, 
Charpentier,  Crotty,  William  Dion,  Duval, 
Clyde  Eaton,  Joseph  Eaton,  Ford,  Gagnon, 
Richard  Galway,  Gelinas,  Head,  Heald, 
Hendrick,  Howard  Humphrey,  Kashulines, 
Katsiaficas,  Keefe,  Kizala,  Knight, 
Labombarde,  LaPierre,  Lawrence,  Leolero, 
Lefebvre,  Martineau,  Howard  Mason,  Mazur, 
McGlynn,  Milton  Meyers,  Mulligan,  Murray, 


Nardi,  Nemzoff,  Norman  Packard,  George 
Papadopoulos,  Pariseau,  Pastor,  Peters, 
Plomaritis,  Peter  Ramsey,  Record,  Roy, 
William  Russell,  Sallada,  Silva,  B.  P. 
Smith,  Edward  Smith,  Leonard  Smith,  Soucy, 
Steiner,  Stone,  Stylianos,  James  Sullivan, 
Tamposi,  Turgeon,  Vachon,  Van  Loan,  Ware, 
Bernice  Welch,  James  J.  White,  M.  Arnold 
Wight  and  Winn. 

MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  Brady,  Carroll,  Milton  Gate,  Dean, 
Degnan,  Hanus,  Holmes,  Kidder,  Lewis,  David 
Packard,  Rayno,  Doris  Riley,  Stark,  Stio, 
Lawrence  Sullivan,  Trachy  and  Wiviott. 

ROCKINGHAM:  Aeschliman,  Benton,  Blanchette, 
William  Boucher,  Cahill,  Marilyn  Campbell, 
Carpenito,  Connors,  Cote,  Day,  Felch, 
Flanagan,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Selma  Gould,  Hoar,  Kane,  Kelley, 
Roger  King,  Kozacka,  Krasker,  Lockhart, 
Lovejoy,  Joseph  MacDonald,  Mace,  Robert 
Mason,  Norman  Myers,  Nevins,  Newell,  Parr, 
Pevear,  Quimby,  Read,  Schmidtchen, 
Shurtleff,  Skinner,  Stimmell,  Sytek, 
Tavitian,  Vartanian,  Vlack  and  Raymond  Wood. 

STRAFFORD:  Belhumeur,  Bernard,  Blouin, 
Bouchard,  Chagnon,  James  Demers,  Phyllis 
DeNafio,  Teresa  DeNafio,  Albert  Dionne, 
Donnelly,  Anita  Flynn,  Hennessey,  Kincaid, 
Meader,  Pageotte,  Sackett,  Ralph  Torr  and 
Whitehead. 

SULLIVAN:   David  Campbell,  D'Amante,  Gordon 
Flint,  Forrest,  Leonard  Gray,  LeBrun, 
Palmer,  Spaulding  and  Townsend. 

NAYS  1M 

BELKNAP:  Bolduc,  Bowler,  Gary  Dionne, 
Hildreth,  Rollins,  Sanders,  David  Whittemore 
and  Zeckhausen. 

CARROLL:  Allen,  Heath  and  Kenneth  Smith. 

CHESHIRE:   Crane,  Ernst,  Robert  Galloway, 
Johnson,  O'Connor  and  Wiggin. 

COOS:  Brideau,  Chappell,  Richard  Demers, 
Lawrence  Guay  and  Theriault. 

GRAFTON:  Buckman,  Nelson  Chamberlin, 
Chambers,  Christy,  Clark,  Hammond,  Look  and 
Glyneta  Thomson. 

HILLSBOROUGH:  Ahlgren,  Ahrens,  Amidon, 
Bosse,  Cronin,  DeForte,  Dolbec,  Donovan, 
Granger,  Sal  Grasso,  Hall,  Healy,  Horan, 
Madigan,  Messier,  Naro,  Robie,  G.  Philip 
Rodgers,  Splrou,  Mary  Sullivan,  Sweeney, 
Vergas,  Wallace,  Emma  Wheeler,  Kenneth 
Wheeler  and  Zajdel. 

MERRIMACK:  Bowes,  John  Gate,  Danlell, 
Locke,  Morse,  Nichols,  Paire,  Parker, 
Margaret  Roberts,  William  Roberts,  Savaria, 
Gerald  Smith,  Rick  Trombly,  Mary  Jane 
Wallner,  Waters,  Ashton  Welch  and  James 
Whittemore. 

ROCKINGHAM:  Burdick,  Butler,  Cotton, 
Ellyson,  Flanders,  John  Hynes,  Leslie, 
LoFranco,  Osborn,  Pantelakos,  Myrtle  Rogers, 
Scamman,  Schwaner,  Splalne  sind  Warburton. 


462 


HOUSE  JOURNAL  16FEB82 


STRAFFORD:      Appleby,    Bickford,    James 
Chamberlin,    Creteau,   Demetracopoulos,    Drew, 
Gauvin,    Maglaras,    Schreiber,    Donald  Smith 
and  Franklin  Torr. 

SULLIVAN:  Brodeur,  Cutting,  Sim  Gray, 
Ingram  and  Quinlan,  and  the  report  was 
adopted. 

Ordered  to  third   reading. 

Reps.   Ware   and  James  Sullivan   wished   to 
be  recorded   in  opposition  to  Section   12  of 
the  Committee  amendment. 

Rep.  Driscoll  wished   to   be  recorded  in 
opposition  to   the  closing  of  the  Plymouth 
office  of  the  Division  of  Welfare. 

Rep.  Spaulding  wished   to   be  recorded   in 
opposition  to  the  portion  of  Section  8, 
establishing  a  Health  Promotion  Unit. 

Rep.  Mazur  wished  to   be  recorded   in 
opposition  to  the  Committee  proposal  to  do 
away  with  the  management  concept   in  the 
budget. 

Rep.   Bibbo  wished   to  be  recorded   in 
opposition  to  the   transfer  of  the  highway 
funds. 

Rep.  Randall  wished   to  be  recorded   in 
opposition  to  the  Vocational-Technical 
College  tuition   increase. 

Rep.   Beverly  Gage  wished   to   be  recorded 
in  opposition  to   the  section   that  combines 
the  dog  and  horse   racing  commissions. 

HB  11,    amending  the  capital  budget. 
Ought  To  Pass  with  Amendment. 

This  bill   reduces  the  authorized  debt  by 
$3*^.3  million  and  allows   for  the 
transfers  necessary  to   implement   the 
last  Capital  Budget  act.      Also,    funds 
are  made  available  to  purchase  the 
Raymond   Liquor  Store.      Rep.    William  F. 
Kidder  for  Appropriations. 


Comptroller's 
Account  Number 

30-12-980190-90 
30-12-980190-91 

30-23-920220-90 
30-23-980150-93 


30-26-980350-90 


Law  of  Original 
Authorization 


Amendment 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1  Regional  Vocational  Education  Centers 
Appropriation.   Amend  RSA  188-E:10  (supp)  as 
inserted  by  1973,  567:1  as  amended  by 
striking  out  in  line  4  the  dollar  amount 
"$49,000,000"  and  inserting  in  place  thereof 
the  following  ($37,500,000 )  so  that  said 
section  as  amended  shall  read  as  follows: 

188-E:10  Construction  Appropriation. 
The  treasurer  of  the  state  of  New  Hampshire 
is  hereby  authorized  to  make  available  to 
the  state  board  of  education  for  purposes  of 
constructing  regional  vocational  education 
centers  an  amount  not  to  exceed 
$37,500,000.  Authorization  for  expenditure 
of  such  funds  shall  be  made  by  the  state 
department  of  education  to  the  treasurer  in 
accordance  with  this  chapter.  The  treasurer 
is  authorized  to  issue  bonds  in  accordance 
with  the  provisions  of  RSA  6-A  for  the 
purpose  of  funding  this  appropriation. 

2  Lapse.  Notwithstanding  any  other 
provision  of  law,  the  comptroller  shall,  on 
the  effective  date  of  this  act,  reverse  all 
unliquidated  encumbrances,  if  any,  from  the 
appropriations  made  by  the  laws,  as  amended, 
and  accounted  for  by  the  comptroller's 
account  numbers  as  detailed  herein.  All 
such  unliquidated  encumbrances  together  with 
any  available  balance  in  the  appropriations 
made  by  the  laws,  as  amended,  and  accounted 
for  by  the  comptroller's  account  numbers  as 
detailed  herein  shall  lapse  on  the  effective 
date  of  this  act. 


Project 


State  Share   of 
Estimated  Decrease 
in  Authorization 


1979, 

435 

Concord  Armory  Paving 

320, 

.72 

1979, 

435 

Manchester-Interior  Repairs 

4 

,735. 

.50 

1975, 

504 

Troop  A  Substation 

34, 

.40 

1979, 

435 

Winnepesaukee  Substa- 

tion  site  acquisition 

5 

,301. 

.55 

1979, 

435 

Labor  Dept-Handicapped 

Renovation 

8, 

,680. 

.00 

30-32-980560-91 


30-35-940310-90 
30-35-940320-90 
30-35-940410-90 
30-35-955200-90 
30-35-980120-90 
30-35-980120-91 
30-35-980130-90 
30-35-980130-96 


30-35-980130-98 
30-35-999030-90 
30-35-999040-00 
30-35-999060-90 


1979,  435 


Design  and  Plans- 


Archive  Building 

24 

,500.00 

1978, 

49:1 

Pawtuckaway  State  Part< 

38, 

,000.00 

1978, 

49:1 

Wentworth-Coolidge  site 

9 

,900.00 

1978, 

49:1 

Housing  Over  Berry  Chairlift 

226.24 

1969, 

505:1 

Pierce  Homestead 

6 

,515.17 

1979, 

435 

Rye  Beach-Toilet  Building 

.13 

1979, 

435 

North  Hampton-Toilet  Building 

140.05 

1979, 

435 

Bear  Brook -Bath  House 

.09 

1979, 

435 

Silver  Lake-Parking 

Improvement 

4 

,976.55 

1979, 

435 

Ski  Lift  Equipment-Repair 

518.76 

1961, 

263 

Park  Expansion 

923.42 

1961, 

263 

Park  Expansion 

19.56 

1961, 

263 

Park  Expansion 

20 

,326.95 

HOUSE  JOURNAL  16FEB82 


463 


30-36-980090-90 

1979, 

435 

Engineering  and   Design 

989.13 

30-40-9803'40-90 

1979, 

435 

Underground  Steam  Line 

2, 

,446.39 

30-i40-9803'<0-91 

1979, 

435 

Repair  Swimming  Pool   Complex 

2, 

,400.50 

30-40-980340-92 

1979, 

435 

Roof  Replacement  Riverview 

5, 

,200.00 

30-itO-98O3'40-93 

1979, 

435 

New  Ramp  and  Roof-Kitchen  Area 

76.25 

30-40-980340-95 

1979, 

435 

Halfway  House  Site-Seacoast 

23, 

,787.12 

30-40-980340-96 

1979, 

435 

Boiler  Repairs 

11.00 

30-43-980310-90 

1979, 

435 

Roof  Repairs-Welch  Building 

4, 

,754.00 

30-46-980160-90 

1979, 

435 

Administration  Building- 

South  Wing  Roof  Repairs 

2, 

,383.00 

30-46-980160-96 

1979, 

435 

Excavation  Snow  Removal 
Equipment 

319.00 

30-50-980430-90 

1979, 

435 

Plymouth-Lyon  Wiring 

Replacement 

144, 

,076.40 

30-50-990026-90 

1974, 

38 

Merrimack  Valley-Develop- 

ment of  Outside  Utilities 

73: 

,781.42 

30-56-940210-90 

1978, 

49 

Laconia-New  Classrooms 
and  Lab  Design 

776.00 

30-56-940220-93 

1978, 

49 

Construction  of  Metal 
Storage  Facility 

695.97 

30-56-980020-92 

1979, 

435 

Natural  Resources  Equipment 

138.90 

30-56-980020-93 

1979, 

435 

Business  Equipment 

23.57 

30-56-980030-91 

1979, 

435 

Computer  Lab  Air  Conditioner 

3 

,420.00 

30-56-980040-90 

1979, 

435 

Snow  Removal  Equipment 

63.60 

30-56-980040-91 

1979, 

435 

Electronic  Equipment 

158.86 

30-56-980060-92 

1979, 

435 

Roof  Repairs 

171.39 

30-56-980060-93 

1979, 

435 

Machine  Tool  Equipment 

5.00 

30-56-980060-94 

1979, 

435 

Electrical  Equipment 

6.53 

30-56-980070-90 

1979, 

435 

Machine  Tool  Equipment 

12.00 

30-56-980070-91 

1979, 

435 

Automotive  Equipment 

21.06 

30-56-980070-92 

1979, 

435 

Secretarial  Science  Equipment 

25.00 

30-59-930005-90 

1977, 

600 

Unfunded  Accrued 

Liability                                          20 

,000 

,000.00 

30-77-940840-90 

1978, 

49 

Two   Liquor  Stores-Hooksett 

32.00 

30-77-980370-91 

1979, 

435 

Site  Acquisition-Nashua 

555.72 

30-91-920180-94 

1975, 

504 

Construct  Stairs  etc. 

230.00 

30-91-980270-91 

1979, 

435 

Sprinkler  System  Adams  Hall 

1 

,930.00 

30-91-980270-94 

1979, 

435 

Reface   Concrete  Hydro  Dam 

5 

,816.11 

30-91-990011-90 

1974, 

38 

Glencliff  Laundry 

2 

,015.58 

30-93-960110-91 

1981, 

565 

2  Washer  Extractors 

90 

,000.00 

30-94-920190-93 

1975, 

504 

Generating  Unit-1000  Kilowatt 

9 

,332.40 

30-94-920890-91 

1975, 

55 

Pleasant  View  Fire  Security 

19 

,416.20 

30-94-980280-93 

1979, 

435 

New  Exit  Londergan  Hall 

1 

,588.00 

30-94-980280-94 

1979, 

435 

Pharmacy  Air  Conditioning 

5 

,846.00 

30-94-980280-95 

1979, 

435 

Tumble  Dryers 

390.00 

3O-94-98028O-96 

1979, 

435 

Sheet  Folder 

484.00 

3O-94-98028O-98 

1979, 

435 

Roof  Repairs-Walker  Building 

200.00 

30-95-980450-90 

1979, 

435 

Other 

640.76 

30-95-990010-90 

1974, 

38 

Building 

8 

,350.48 

30-96-940680-90 

1978, 

49 

Reconstruct  Hazen  Drive 

207 

,387.63 

30-96-940690-90 

1978, 

49 

Traffic  Division  Service 

Burraing 

32T148976D 

30-96-960240-93 

1981, 

565 

NH  Tech  Parking  Lot  Drainage 

70.56 

30-96-980360-91 

1979, 

435 

Computer  Room  Expsinsion 

38 

,582.20 

3O-96-98036O-92 

1979, 

435 

Roof  Moisture  Meter 

225.00 

TOTAL                                                   21 

,111 

,443.42 

464 


HOUSE  JOURNAL  16FEB82 


3     Appropriations  Amended.     Amend  1981,    99:1    by  striking 
out  said  section  and   inserting  in  place   thereof  the   following: 
I.     Education 

A.     Seacoast  voc-tech  school 

(1)     Building  site  and  highway 
construction 


(2)     Furnishings  and  equipment 
B.     Berlin  voc-tech  school 


$5,953,060 
610,000* 


$60,000 


(1)  Building  construction  and 

renovation  968,509 

(2)  Furnishings  and  equipment  195,200* 
C.     Laconia  voc-tech  school 

(1)     Structural   repairs  37,510 

Total  paragraph  I  $7,764,279 

II.  Health  and  Welfare 
A.     Glencliff 

( 1 )     Elevator  replacement  60,000 

Total  paragraph  II 

III.  Public  Works  and  Highways 

A.  Traffic  division  facility 

(appropriation  to  be  from  the 
highway  fund) 

(1)  Building  and  site  work  1,610,558 

(2)  Equipment  10,000* 

(3)  Architectural  and  engineering 

fees  25,000 

B.  Repair  state  house   roof  75,000 

C.  Franconia  Notch  state  park- 

replacement  of  Lafayette  Lodge  150,000 

Total  paragraph  III  $1,870,558 

State  Prison 
A.     New  100  bed  unit 

(1)  Building  and  site  work  6,300,000 

(2)  Furnishings  and  equipment  150,000* 

(3)  Architectural  and  engineering 

fees  78,000 

Total  paragraph  IV  $6,528,000 

Total  state  appropriation  section  one  $16,222,837 


•To  be  5  year  bonds. 

M  Bond  Total  Amended.  Amend  198I, 
99:1  by  striking  out  said  section  and 
inserting  in  place  thereof  the   following: 

99 :t     Bonds  Authorized.     To  provide 
funds  for  the  total  of  the  appropriations 
of  state   funds  made   in  section  one  of 
this  act,    the  state   treasurer   is  hereby 
authorized  to  borrow  upon  the  credit  of 
the  state  not  exceeding  the   sum  of 


$16,222,837  and   for  said  purposes  may 
issue  bonds  and  notes   in  the  name  and  on 
behalf  of  the   state  of  New  Hampshire   in 
accordance  with  the  provisions  of  RSA 
6-A;   provided,    however,    that  the   bonds 
issued   for  the  purpose  of  paragraphs  I  A 
(2),    I   B   (2),    III   A  (2),    and   IV  A  (2)   of 
section  one  of  this  act  shall  have  a 
maturity  of  5  years   from  the  date  of 
issue. 


HOUSE  JOURNAL  16FEB82 


465 


5  Raymond  Liquor  Store.     Amend   198I, 
432:1,    2  and  3   by  striking  out  said  sections 
and   inserting  in  place  thereof  the   following: 

432:1      Purchase   of  Liquor  Store.      The 
liquor  commission   is  hereby  authorized  to 
purchase  a  building,    occupied   by   liquor 
store  #62  as  of  January   1,    1982,    and  the 
land  on  which  said  building  is  constructed 
as  well  as  any  other  adjacent   land  necessary 
to  comply  with  city  ordinances,    for  a  liquor 
store   in  Raymond,   New  Hampshire. 

432:2     Appropriation.     There   is  hereby 
appropriated   to  the   liquor  commission   for 
purposes  of  section   1   of  this  act  the  sum  of 
$180,000  to  be  expended  by  them  for 
acquisition  of  the  property  described   in 
section   1   of  this  act.      No  part  of  this 
appropriation  shall  be  expended  unless   there 
is  assurance   that  clear  title   to  the   the 
land  can  be  obtained   in  connection  with  this 
proposed  purchase. 

432:3     Bonds  Authorized.     To  provide 
funds   for  the  appropriation  made   in  section 
2  of  this  act,    the  state   treasurer   is   hereby 
authorized  to  borrow  upon  the  ci^dit  of  the 
state  not  exceeding  the   sum  of  $180,000  and 
for  said  purpose  may  issue  bonds  and  notes 
in  the  name  of  and  on  behalf  of  the  state   of 
New  Hampshire   in  accordance  with  the 
provisions  of  RSA  6-A.     Payments  of 
principal  and   interest  of  said  bonds  and 
notes  shall  be  made   from  the  general  funds 
of  the  state. 

6  State  Contributions   to  Municipalities 
for  Water  Pollution  Control.     Amend  RSA 
149-B:1    (supp)   as   inserted   by   1959,    267:1   as 
amended   by  striking  out  said  section  and 
inserting  in  place  thereof  the   following: 

149-B:1     State  Contributions.     The   state 
of  New  Hampshire  shall,    in  addition  to   the 
federal  grant  made  available  under  the 
provisions  of  the  Clean  Water  Act  of 


1977   (or  subsequent  amendments   thereof),    pay 
annually  20   percent  of  the  annual 
amortization  charges,    meaning  principal  and 
interest,    on  the  original  costs   resulting 
from  the  acquisition  and  construction  of 
sewage  disposal  facilities  by  municipalities 
(meaning  counties,    cities,    towns,    or  village 
districts),    in  accordance  with  RSA   148:25, 
RSA    149:4,    IX,    and  RSA    149:4,    XIII,    for   the 
control  of  water  pollution.     The  word 
construction   shall   include   engineering 
services,    in  addition  to   the   construction  of 
new  sewage   treatment  plants,    pumping 
stations  and   intercepting  sewers;    the 
altering,    improving  or  addition  to  existing 
treatment  plants,    pumping  stations  and 
intercepting  sewers;    provided   the 
construction  has  been  directed   by  the  water 
supply  and  pollution  control  commission,    or 
constitutes  a  voluntary  undertaking  designed 
to  control  or  reduce  pollution   in  the 
surface  waters  of  the   state  as  defined   in 
RSA   149:1,    and   the  plan  therefor  is  approved 
in  compliance  with  the  provisions  of  RSA 
148:25,   RSA   149:4,    IX,    and  RSA   149:4,   XIII. 
The   term  "original  costs"  as  used  herein 
shall  mean   the  entire   cost  of  the 
construction  of  treatment  plants,    pumping 
stations  and   intercepting  sewers  as  defined 
in  the  Clean  Water  Act  of  1977. 

7  Office  Space.     Amend  RSA   I4:l4-b,    III 
(supp)   as  inserted   by   1975,    479:2  as  amended 
by  striking  out  said  paragraph  and   inserting 
in  place  thereof  the   following: 

III.     All   rooms  and  other  spaces   in 
the   basement  and  on  the   first  and   third 
floors  of  the  state  house. 

8  Appropriation  For  Laconia  State  School 
and  New  Hampshire  Hospital.     The  sums 
hereinafter  detailed  are  hereby  appropriated 
to  the  department  of  health  and  welfare   for 
the  projects  specified: 


Laconia  state  school: 

(a)  Renovate  side  entrance   to   infirmary  -  $14,000 

(b)  Air  condition  infirmary  -  55,000 


(c)     Replace   lighting  fixtures  and  outlets   in 

Murphy,    Dwinell,    and  King  -  40,000 


(d)     Construct  small  cottage  at  Sandy  Beach 
Total  paragraph  I 


25,000 


5134,000 


II.     New  Hampshire  hospital: 


(a)  Two  ton  truck  with  hydraulic  tailgate 

and  capped   box  $20, 000 • 

(b)  Linen  spreader  feeder  30,000* 

(c)  Laundry  extractor  20,000* 

(d)  Small  piece  folder  10,000* 

(e)  Laundry  sheet   folder  18.000* 
Total  paragraph  II 

•To  be  5  year  bonds 


$98,000 


466 


HOUSE  JOURNAL  16FEB82 


9  Bonds  Authorized.      To   provide   funds 
for  the  appropriation  made   in  section  8  of 
this  act,    the  state   treasurer   is  hereby 
authorized   to   borrow  upon   the   credit  of  the 
state   not   exceeding   the   sum  of  $232,000   and 
for  said   purpose   may   issue   bonds  and   notes 
in  the  name  of  and  on   behalf  of  the  state   of 
New  Hampshire   in  accordance   with   the 
provisions   of  RSA  6-A;    provided,    however, 
that   the  bonds   issued   for  the  purposes  of 
paragraph  II  of  section  8   of  this  act  shall 
have  a  maturity  of  5   years   from  the  date  of 
issue.     Payments  of  principal  and   interest 
of  said  bonds  and  notes  shall  be  made   from 
the  general  funds  of  the   state. 

10  Total  Amended.     Amend  the 
introductory  paragraph  of  1981,    565:20   by 
striking  out  same  and   inserting  in  place 
thereof  the    following: 

555:20  Bids.     There   is  hereby 
appropriated   the  sum  of  $2,078,440  to  the 
department   of  public   works  and   highways, 
division  of  public  works   for  the   following 
projects: 

11  Renovation  of  Laundry  Facilities. 
Amend   1981,    565:20,    IV,    B(3)   by  striking  out 
said  subparagraph  and   inserting  in  place 
thereof  the   following: 

(3)     Renovations   to   laundry 
facilities  3,500 

12  Bond  Total  Amended.  Amend  1981, 
565:21  by  striking  out  said  section  and 
inserting  in  place  thereof  the   following: 

565:21      Bonds  Authorized.     To  provide 
funds   for  the   total  of  the  appropriations  of 
state   funds  made   in  section  20  of  this  act, 
the  state   treasurer  is  hereby  authorized  to 
borrow  upon  the  credit  of  the  state  not 
exceeding  the  sum  of  $2,078,440  and   for  said 
purposes  may   issue   bonds  and  notes   in  the 
name  and  on  behalf  of  the  state  of  New 
Hampshire   in  accordance  with  the   provisions 
of  RSA  6-A;    provided,    however,    that  all  of 
the  bonds   issued   for  the  purposes  of  sec  ton 
20  of  this  act  shall  have  a  maturity  of  5 
years   from  the  date  of  issue. 

13  Lapsed  Appropriations.      Amend  RSA 

9: 18,   I   (supp)   as  amended   by  striking  out  in 
line  4   the  number  "three"  and   inserting  in 
place   thereof  the   following   (2)  so  that  said 
paragraph  so  amended  shall   read  as  follows: 

I.     Except  as  otherwise  specially 
provided,   all  unexpended  portions  of  special 
appropriations  shall   lapse  when  the  object 
for  which  the  appropriation  was  made  has 
been  accomplished  and,    in  any  event,    at  the 
end  of  2  years   from  the  date   when   the  act 
creating  the  appropriation   first   took 
effect,    unless   there  are  obligations 
incurred   by  contract  thereunder,    made  within 
said  period,    in  which  case  there  shall  be  no 
lapse  until   the  satisfaction  or   fulfullment 
of  such  contractual  o1)llgatrtorre. 

14  Application  of  Previous  Section.     The 
amendment  contained   in  section   13  of  this 
act  to   reduce   from  3   to  2  years   the   time 
period  within  which  a  special  appropriation 
shall   lapse  shall  only  apply  to  projects 
which  are  authorized  and   for  which 
appropriations  are  made  after  the  effective 
date   of  this  act. 

15  Extension  of  Appropriation.     The 
appropriation   for  Hood  House  contained   in 
1979,    435:2,    11(a)   is  hereby  extended   for  3 
years   for  the  purpose  of  expending  such 


appropriation   for  schematic  drawings  and 
design  plans   for  a  new  health   facility. 

16  Approval  Required   for  Sale   of  Patch 
Cottage.      Notwithstanding  any  other 
provision   of   law  to   the   contrary,    the 
department  of  resources  and  economic 
development   shall  not  sell  or  convey  in  any 
manner  Patch   Cottage   located   at  Rhododendron 
state   park  without  prior  approval  of  the 
capital   budget   overview  committee. 

17  Youth  Development  Center.     Amend 
1981,    565:20,   V  by  striking  out  said 
paragraph  and   inserting  in  place  thereof  the 
following: 

V.     Youth  Development  Center  - 
repairs,    renovations  and    improvements 
to  the  physical  plant  and   facility  located 
on  North  River  Road   in  Manchester  which 
shall  be  approved   by  the   trustees  of  the 
Youth  Development   Center  and   the  capital 
budget  overview  committee.  $665,000 

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

Rep.   LaMott   spoke   in  favor  of  the 
amendment  and  yielded   to  questions. 
Amendment  adopted . 

Rep.   Kidder  offered  an  amendment. 

Amendment 

Amend  the  bill  by  striking  out  section  7 
and  renumbering  sections  8,  9,  10,  11,  12, 
13,  14,  ,15,  16,  17  and  18  as  7,  8,  91,  10, 
11,  12,  13,  14,  15,  16,  17,  respectfully. 

Rep.  Kidder  spoke  in  favor  of  the 
amendment  and  yielded  to  a  question. 
Amendment  adopted. 
Ordered  to  third  reading. 

HB  14-FN,  relative  to  the  nurses 
registration  board.   Ought  to  Pass  with 
Amendment. 

The  Committee  accepted  the  amendment  as 
presented,  "Fees  shall  be  made  payable 
to  the  Treasurer,  State  of  New  Hampshire 
and  be  deposited  in  the  General  Fund." 
This  will  not  affect  their  present 
budget.  The  vote  of  the  Committee  was 
unanimous.  Rep.  William  F.  Kidder  for 
Appropriations. 

Amendment 

Amend  RSA  326-B:11   as  inserted   by 
section   13  of  the   bill  by  striking  out  same 
and   inserting  in  place  thereof  the  following: 

326-B:11     Fees  Payable.     Fees  shall  be 
•ffiafle  payatrie  to  the  treaBurer,  stscte  of  New 
Hampshire,   and   be  deposited   in  the  general 
fund. 

Reps.   Cotton  and  Hildreth  spoke  in  favor 
of  the   report. 

Amendment  adopted . 
Ordered   to  third   reading. 

HB  26-FN,    relative  to  the  establishment 
of  a  low-level  radioactive  waste  management 
task   force  and  making  an  appropriation 
therefor.     Ought  to  Pass. 


HOUSE  JOURNAL  16FEB82 


467 


The  Appropriations   Coimnittee   voted   to 
allocate   the  $25,000  needed   to   fund  a 
task   force   for  Radioactive  Waste 
Management.      Committee  vote  vas 
unanimous.      Rep.   William  F.   Kidder   for 
Appropriations . 

Rep.  M.   Arnold  Wight  offered  an 
amendment . 

Amendment 

Amend  RSA   125:77-i,    I  and  II  as   inserted 
by  Section  2  of  the   bill  by  striking  out 
same  and   inserting  in  place  thereof  the 
following: 

I.  Develop  a  state   plan  for  the 
management  of  all   low-level  radioactive 
waste  generated  within  the  state.     The  state 
plan  shall   include  proposals  for  legislation 
creating  a  state   plan  and  a  siting  process 
for  a  low-level  radioactive  waste   facility 
and  any  other  proposed   legislation  deemed 
necessary  by  the   task   force.     The 
development  of  the  state  plan  and   siting 
process  shall   include  public  hearings  aind 
shall  provide  for  the   involvement  of  local 
government.     Prior  to  each  public  hearing, 
the  task   force   shall  notify  the  media,    as 
may  be  appropriate,    to  obtain  the   broadest 
possible  notice  to  the  public.     Notice  of  a 
hearing  shall   include,   at  a  minimum, 
publication  at   least  2  'times   in  a  newspaper 
of  state-wide  circulation  and,    if 
appropriate,    in  a  newspaper  of  local  or 
regional  circulation,    no  more  than  20  days 
nor  less   than  7  days  prior  to   the  hearing. 
The   task   force  shall   fully  consider  in  its 
study  different  methods  for   low-level 
radioactive  waste  disposal  and 
transportation  within  and  without  the 
state.      In   its   investigation  and  study   for  a 
process  of  siting,    the   task   force   shall 
utilize  a  literature  survey  of  New  Hampshre 
terrain. 

II.  No  later  than  December   1,    1982, 
submit   the  state   plan  and  a  report   to   the 
governor  and  council,    the  speaker  of  the 
house  of  representatives  and   the   president 
of  the  senate   for  distribution   to  all 
members  of  the  general  court.     The   report 
shall  detail  all   the  activities  of  the   task 
force  and  shall   include  a  complete   financial 
statement. 

Reps.   M.   Arnold  Wight  and  Kidder  spoke 
in  favor  of  the  amendment. 
Amendment  adopted. 
Ordered  to  third   reading. 

HBI   101,    relating  to   the  creation  of  a 
semi  autonomous  vocational-technical  school 
system,     ^eter  for  rrrtertm  Sttrdy. 

Committee   looks   forward   to  studying  a 

long-overdue  problem.     Vote   16-0.     Rep. 

Ralph  W.   Pearson  for  Education 

Referred   for  Interim  Study. 

HB  UO-FN,    exempting  certain  sheltered 
care   facilities   from  license   fees  and 
increasing  certain  monthly  allowances  and 
making  an  appropriation  therefor.     Ought  to 
Pass  with     Amendment. 


The  Committee  agreed  on  a  compromise  on 
a  much  needed  raise   for  shared  homes. 
Rep.   Eleanor   Carpenito    for  Health  and 
Welfare. 

Amendment 

Amend  RSA  473:3  as  inserted   by  section   1 
of  the   bill  by  striking  out  same  and 
inserting  in  place  thereof  the   following: 

473:3     Shared  Home  and  Community  Living 
Home  Residents;    Monthly  Allowance. 
Notwithstanding  any  statute  or  rule  to   the 
contrary,    the  monthly  allowance   for  persons 
living  in  certified   family  and  group  shared 
homes  and  approved   community  living  homes 
who  receive  old  age  assistance,    aid  to  the 
permanently  and   totally  disabled,    or  aid  to 
the  needy   blind  shall  be  $500,    including  any 
federal  assistance,    from  April  1,    1982,    to 
June  30,    1983.     The  monthly  allowance  of 
$500   does  not    include   any   disregards  or 
personal  allowances   intended   for  the  client. 

Amend  the   bill  by  striking  out  section  3 
and   inserting  in  place  thereof  the  following: 

3     Appropriation.     The  sum  of  $1,535,565 
is  hereby  appropriated   to   the  division  of 
welfare,    department  of  health  and  welfare, 
for  the   biennium  ending  June  30,    1983,    for 
the  purposes  of  section   1   of  this  act.     Said 
sum  is  appropriated   in  addition  to  any  other 
sums  appropriated   to   the   division  of  welfare 
to  provide  assistance  payments   to  persons 
described   in  section   1   so  that   the  monthly 
allowance   for  each  person  shall  be  at  least 
$500.     Of  said  sum  $780,307  shall  come   from 
the  general  fund  and  $755,258   shall  come 
from  other   (local)    funds.     The  governor  is 
authorized   to  draw  his  warrant   for  said  sums 
out  of  any  money  in  the   treasury  not 
otherwise  appropriated. 

Amendment  adopted. 
Referred   to  Appropriations. 

HB  38-FN,    establishing  a  task   force   to 
reconsider  certain  unemployment  compensation 
claims  and  making  an  appropriation 
therefor.      Refer   for  Interim  Study 

There  are  many  unanswered  concerns   that 
the  Committee  has  relative  to 
establishing  a  three-member  task   force, 
who  would  reconsider  denied  unemployment 
compensation  claims   in  the  period  of 
July   \,    1979  to  July  1,    1981. 
The  Committee  commends  the  desire  of  the 
sponsors  of  this  measure  to  be  fair  to 
all  citizens   if  a  claim  were  denied 
improperly. 

The  Committee   is  very  much  aware  of  the 
RepbPt  to   tTie  Secretary  of  LffBbh  fPoft 
the  General  Accounting  Office  relative 
to  New  Hampshire  denial  of  Unemployment 
Insurance  Benefits. 
As  a  policy  committee,    the  Committee 
would  like  Interim  Study  of  this  bill   to 
report  by  October  1,    1982  with  findings 
and  suggested  changes.      Also,    it  desires 
a  ruling  from  the  Attorney  General  as 
well  as  the  Secretary  of  Labor  as  to 
whether  the  administration  costs  for 
this  bill  would  be  reimbursable. 


468 


HOUSE  JOURNAL  16FEB82 


Further  in  depth  study  is  needed.  Vote 
7-5.  Rep.  Patricia  M.  Skinner  for 
Labor,  Human  Resources  and 
Rehabilitation. 

Referred  for  Interim  Study. 

HB  31 -FN,  establishing  the  ward  lines 
for  the  city  of  Berlin,  dividing  the  city 
into  2  districts  for  state  representatives 
and  reducing  the  number  from  8  to  6 
representatives  to  be  elected  at  large 
within  their  respective  districts.  Ought  to 
Pass  with  Amendment. 

This  bill  establishes  new  ward  lines  in 

the  City  of  Berlin.  Vote  10-5.  Rep. 

Russell  C.  Chase  for  Reapportionment. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

establishing  ward  lines  for 
the  city  of  Berlin. 

Amend  the  bill  by  striking  out  all  after 
section  1  and  inserting  in  place  thereof  the 
following: 

2  Map.  An  official  map  showing  the 
boundaries  of  the  wards  of  the  city  of 
Berlin  shall  be  filed  in  the  office  of  the 
Berlin  city  clerk  and  the  office  of  the 
secretary  of  state. 

3  Interim  Provisions.  Notwithstanding 
the  provisions  of  the  charter  of  the  city  of 
Berlin  relative  to  residential 
qualifications  for  ward  office,  the  term  of 
office  for  elected  ward  officers  for  said 
city  in  office  when  this  act  takes  effect 
shall  not  be  affected  by  the  provisions  of 
this  act  2ind  said  officials  shall  continue 
in  office  until  their  successors  are  elected 
and  qualified. 

4  Limitation  of  Act.  Nothing  herein 
shall  affect  the  representation  of  the  city 
of  Berlin  in  the  general  court  that 
assembled  on  December  3,  1980.  The  ward 
lines  for  membership  in  that  general  court 
shall  remain  in  effect  until  the  dissolution 
of  that  session  of  the  general  court  in 
December  1982.  Any  representative  in  office 
on  the  effective  date  of  this  act  does  not 
lose  his  eligibility  for  that  office  because 
of  the  change  in  ward  boundaries  made 
hereunder. 


the  town  of  Milan  shall  be  entitled  to  6 
representatives  to  the  general  court;  wards 
1  and  U,  shall  each  be  entitled  to  one 
representative;  wards  2,  3  and  the  town  of 
Milan  shall  be  entitled  to  3 
representatives;  and  wards  1,  2,  3,  **  and 
the  town  of  Milan  shall  be  entitled  to  one 
representative  to  be  elected  at  large. 

7  Representation  in  General  Court. 
Amend  RSA  662:5,  (supp)  as  inserted  by  1979, 
1)36:1  by  striking  out  the  districts  for 
Berlin,  being  districts  6  through  9, 
inclusive,  and  inserting  in  place  thereof 
the  following: 


District  No. 
District  No. 
District  No. 


District  No.  11 


Berlin  Ward  1 

Berlin  Ward  H 

Berlin  Wards  2,  3 

Milan 

Berlin  Wards  1,2,3 

Milan 


&  4 


8  State  Party  Convention  Delegates. 
Amend  RSA  662:6,  IV  (supp)  as  inserted  by 
1979,  436:1  by  striking  out  the  delegates 
for  Berlin  and  inserting  in  place  thereof 
the  following: 


Berlin 

Ward  1        1 

Berlin 

Ward  2        1 

Berlin 

Ward  3        1 

Berlin 

Ward  4        1 

9  Referendum.  This  act  shall  not  take 
effect  unless  it  is  adopted  by  a  majority 
vote  at  the  regular  municipal  election  to  be 
held  in  the  city  of  Berlin  in  March  1982,  as 
hereinafter  provided.  The  city  clerk  then 
in  office  shall  cause  to  be  placed  on  the 
regular  election  ballot  for  city  officers 
the  following  question:   "Do  you  approve  of 
the  provisions  of  an  act  entitled  'An  Act 
establishing  ward  lines  for  the  city  of 
Berlin'  passed  at  the  1982  special  session 
of  the  legislature  which  would  in  part 
redivide  the  city's  wards  into  substantially 
equal  population?"  Said  question  shall  be 
printed  in  the  same  form  as  prescribed  in 
RSA  656:13.  If  a  majority  of  those  voting 
on  the  question  vote  in  the  affirmative  this 
act  shall  be  declared  to  have  been  adopted. 
The  city  clerk  shall,  within  10  days  after 
said  election,  certify  the  result  of  the 
vote  on  the  above  question  to  the  secretary 
of  state. 

10  Effective  Date.  Section  9  of  this 
act  shall  take  effect  upon  its  passage.  If 
the  other  sections  of  this  act  are  adopted 
in  accordance  with  the  provisions  of  section 
9,  the  remaining  sections  of  this  act  shall 
take  effect  April  1,  1982. 


5  Tei'BS  of   Council.   Ail  couric ilmeii 
duly  elected  at  the  election  in  March,  1980, 
shall  continue  to  hold  office  to  the 
completion  of  the  term  to  which  they  were 
elected  so  long  as  they  shall  be  residents 
of  the  city,  regardless  of  where  they  might 
reside  in  relation  to  the  new  or  old  ward 
boundaries. 

6  Representatives.  Until  a  new  census 
shall  be  taken  by  authority  of  this  state  or 
of  the  United  States,  the  city  of  Berlin  and 


Amendment  adopted. 

Rep.  Theriault  offered  an  amendment. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

establishing  ward  lines  for 
the  city  of  Berlin. 


HOUSE  JOURNAL  16FEB82 


469 


Amend  the  bill  by  striking  out  all  after 
section  1  and  inserting  in  place  thereof  the 
following: 

2  Map.      An  official  map  showing   the 
boundaries  of  the  wards  of  the  city  of 
Berlin  shall  be  filed   in  the  office  of  the 
Berlin  city  clerk  and  the  office  of  the 
secretary  of  state. 

3  Interim  Provisions.     Notwithstanding 
the  provisions  of  the  charter  of  the  city  of 
Berlin  relative  to   residential 
qualifications   for  ward  office,    the  term  of 
office   for  elected  ward  officers   for  said 
city  in  office  when   this  act  takes  effect 
shall  not   be  affected   by   the  provisions  of 
this  act  and  said  officials  shall  continue 
in  office  until   their  successors  are  elected 
and  qualified. 

4  Limitation  of  Act.      Nothing  herein 
shall  affect  the   representation  of  the  city 
of  Berlin  in  the  general  court  that 
assembled  on  December  3,    1980.     The  ward 
lines   for  membership  in  that  general  court 
shall  remain  in  effect  until   the  dissolution 
of  that  session  of  the  general  court   in 
December  1982.     Any  representative   in  office 
on  the  effective  date   of  this  act  does  not 
lose  his  eligibility  for  that  office   because 
of  the  change  in  ward   boundaries  made 
hereunder. 

5  Terms  of  Council.      All  councilmen 
duly  elected  at   the  election   in  March,    1980, 
shall  continue   to  hold  office  to  the 
completion  of  the   term  to  which  they  were 
elected  so   long  as  they  shall  be  residents 
of  the  city,    regardless  of  where  they  might 
reside   in  relation  to  the  new  or  old  ward 
boundaries. 

5     Representatives.     Until  a  new  census 
shall  be  taken  by  authority  of  this  state  or 
the  United  States,    the  city  of  Berlin  and 
the  town  of  Milan  shall  be  entitled  to  6 
representatives  to  the  general  court;   all  of 
the  representatives  shall  be  elected 
at-large   from  wards  1,    2,    3,   and  U  and  the 
town  of  Milan. 

7     Representatives  to  the  General 
Court.     Amend  RSA  662:5,    IV  (supp)   as 
inserted   by   1979,    436:1    by  striking  out  the 
district  for  Berlin,    being  districts  6 
through  9,    inclusive,    and   inserting  in  place 
thereof  the   following: 

District  No.   8  Berlin     Wards  1,    2,    3 
and  H 
Milan  6 

8     State  Party  Convention  Delegates. 
Amend  RSA  662:6,    IV  (supp)   as  inserted   by 
1979,    436:1    by  striking  out  the  delegates 
for  Berlin  and   inserting  in  place  thereof 
the  following: 


Berlin 

Ward 

1 

Berlin 

Ward 

2 

Berlin 

Ward 

3 

Berlin 

Ward 

H 

9  Referendum.     This  act  shall  not   take 
effect  unless   it   is  adopted   by  a  majority 
vote  at   the   regular  municipal  election  to 
the  held  in  the  city  of  Berlin  in  March 
1982,    as  hereinafter  provided.     The  city 
clerk   then   in  office  shall  cause  to  be 
placed  on   the   regular  election   ballot  for 
city  officers   the   following  question:      "Do 
you  approve  of  the  provisions  of  am  act 
entitled   'An  Act  establishing  ward   lines  for 
the  city  of  Berlin'    passed  at  the   1982 
special  session  of  the   legislature  which 
would   in  part   redivide  the  city's  wards   into 
substantially  equal  population,   and  would 
provide   that   representatives  to   the  general 
court  be  elected  at-large?"     Said  question 
shall  be  printed   in  the  same  form  as 
prescribed   in  RSA  656:13.      If  a  majority  of 
those  voting  on   the  question  vote   in  the 
affirmative  this  act  shall  be  declared   to 
have   been  adopted.     The  city  clerk  shall, 
within  10  days  after  said  election,    certify 
the   result  of  the  vote  on  the  above  question 
to  the  secretary  of  state. 

10  Effective  Date.     Section  9  of  this 
act  shall  take  effect  upon   its  passage.      If 
the  other  sections  of  this  act  are  adopted 
in  accordance  with  the  provisions  of  section 
9,    the   remaining  sections  of  this  act  shall 
take  effect  April   1,    1982. 

Reps.   Theriault,   Richard  Demers, 
Carroll,    and  Guay  spoke  in  favor  of  the 
amendment . 

Rep.  Sytek  spcke  against  the  amendment, 
and  yielded  to  questions. 

A  division  was   requested. 

152  members  having  voted   in  the 
affirmative  and   112   in  the  negative,    the 
amendment  was  adopted. 

Ordered   to  third   reading. 

HB  32-FN,    establishing  the  ward   lines  in 
the  city  of  Nashua.     Ought  to  Pass  with 
Amendment . 

This  bill  establishes  new  ward   lines   for 

the  City  of  Nashua.     Vote   13-0.     Rep. 

Russell  C.   Chase   for  Reapportionment. 

Amendment 

Amend  the  boundaries  of  Ward  4  as 
inserted  by  section  1  of  the  bill  by 
striking  out  same  and  inserting  in  place 
thereof  the  following: 

WARD  4.  Bounded  by  a  line  beginning  at 
the  intersection  of  the  extended  centerline 
of  North  Seventh  Street  and  the  Nashua 
river;  east  along  the  south  bank  of  the 
Nashua  river  to  the  extended  center  line  of 
Hillcrest  avenue,  north  to  Fairmont  Street, 
east  and  north  along  the  center*  line  or 
Fairmont  Street  to  Amherst  Street. 
Southeast  along  the  center  line  of  Amherst 
Street  to  Main  Street.  South  along  the 
center  line  of  main  Street  to  the  Nashua 
river.  East  along  the  south  bank  of  the 
Nashua  river  to  the  Merrimack  river;  south 
to  East  Mollis  Street;  west  along  the 
centerline  of  East  Hollis  Street  to  Main 
Street;  south  along  the  centerline  of  Main 
Street  to  Lake  Street;  west  along  the 
centerline  of  Lake  Street  to  Ash  Street; 
north  along  the  centerline  of  Ash  Street  to 


470 


HOUSE  JOURNAL  16FEB82 


Kinsley  Street;  west  along  the  centerline  of 
Kinsley  Street  to  the  extended  centerline  of 
Havana  Street;  north  along  the  extended 
centerline  of  Havana  Street,  Seventh  Street 
and  North  Seventh  Street  to  the  point  of 
origin. 

Amend  section  4  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

4  Representation  in  General  Court. 
Amend  RSA  662:5,  VI  (supp)  as  inserted  by 
1979,  '♦36:1  by  striking  out  the  districts 
for  Nashua  and  inserting  in  place  thereof 
the  following: 

District  22  Nashua  Ward  1  3 

District  23  Nashua  Ward  2  3 

District  2U  Nashua  Ward  3  3 

District  25  Nashua  Wards  1,  2  and  3  1 

District  26  Nashua  Ward  5  3 

District  27  Nashua  Ward  4  3 

District  28  Nashua  Ward  6  3 

District  29  Nashua  Ward  7  3 

District  30  Nashua  Ward  8  3 

District  31  Nashua  Wards  4,6,7  &  8   1 

District  32  Nashua  Ward  9  3 

Amend  the  bill  by  striking  out  all  after 
section  5  and  inserting  in  place  thereof  the 
following: 

6  State  Party  Convention  Delegates. 
Amend  RSA  662:6,  VI  (supp)  as  inserted  by 
1979,  436:1  by  strking  out  the  delegates  for 
Nashua  and  inserting  in  place  thereof  the 
following: 


accordance  with  the  provisions  of  section  7, 
the  remaining  sections  of  this  act  shall 
take  effect  7  days  after  the  special 
election  held  pursuant  to  section  7. 

Amendment  adopted . 
Ordered  to  third  reading. 
Rep.  Kaklamanos  notified  the  Clerk  that 
he  wished  to  be  recorded  as  against  HB  32-FN. 

HB  37-FN,  establishing  the  ward  lines  in 
the  city  of  Keene.  Ought  to  Pass  with 
Amendment . 

This  bill  establishes  new  ward  lines  for 

the  City  of  Keene.  Vote  8-5.  Rep. 

Russell  C.  Chase  for  Reapportionment. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  the  representative  districts 
in  the  city  of  Keene 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1  Representatives.  Wards  1,  2  and  3 
shall  each  be  entitled  to  one 
representative;  wards  4  and  5  shall  each  be 
entitled  to  2  representatives;  and  2 
representatives  shall  be  elected  at  large 
from  wards  1  through  5  in  the  city  of  Keene. 


Ward   1 

3 

Ward  2 

3 

Ward  3 

3 

Ward  4 

3 

Ward  5 

3 

Ward  6 

3 

Ward  7 

3 

Ward  8 

3 

Ward  9 

3 

Nashua 
Nashua 
Nashua 
Nashua 
Nashua 
Nashua 
Nashua 
Nashua 
Nashua 


7  Referendum.  This  act  shall  not  take 
effect  unless  it  is  adopted  by  a  majority 
vote  at  the  special  municipal  election  to  be 
held  in  the  city  of  Nashua  in  1982,  as 
hereinafter  provided.  The  city  clerk  then 
in  office  shall  cause  to  be  place  on  the 
ballot  the  following  question:   "Do  you 
approve  of  the  provisions  of  an  act  entitled 
'An  Act  establishing  the  ward  lines  in  the 
city  of  Nashua'  passed  at  the  1982  special 
session  of  the  legislature  which  would  in 
part  redivide  the  city's  wards  into  wards  of 
substantially  equal  population?"  Said 
question  shall  be  printed  in  the  same  form 
as  preaur'lUeU  tn  "RSA  696t t3 .  If  a  ins  Jor tty 
of  those  voting  on  the  queston  vote  in  the 
affirmative,  this  act  shall  be  declared  to 
have  been  adopted.  The  city  clerk  shall, 
within  10  days  after  said  election,  certify 
the  result  of  the  vote  on  the  above  question 
to  the  secretary  of  state. 

8  Effective  Date.  Section  7  of  this  act 
shall  take  effect  upon  its  passage.  If  the 
other  sections  of  this  act  are  adopted  in 


2  Representatives  to  the  General  Court 
for  1982.  Amend  RSA  662:5,  III  (supp)  as 
inserted  by  1979,  436:1  by  striking  out  the 
districts  for  Keene  and  inserting  in  place 
thereof  the  following: 


District  No.  12 

District  No.  13 

District  No.  14 

District  No.  15 

District  No.  16 

District  No.  17 


Keene  Ward  1 

Keene  Ward  2 

Keene  Ward  3 

Keene  Ward  4 

Keene  Ward  5 


Keene  Wards  1-5  2 


3  Representatives.  Wards  1,  2,  3,  4  and 
5  shall  each  be  entitled  to  one 
representative;  and  4  representatives  shall 
be  elected  at  large  from  wards  1  through  5 
in  the  city  of  Keene. 

4  Representatives  in  the  General  Court. 
Amend  RSA  662:5,  III  (supp)  as  inserted  by 
1979,  436:1  by  striking  out  the  districts 
for  Keene  and  inserting  in  place  thereof  the 
following: 


District 

No. 

12 

Keene 

Ward    1          1 

District 

No. 

13 

Keene 

Ward  2          1 

District 

No. 

14 

Keene 

Ward  3          1 

District 

No. 

15 

Keene 

Ward   4          1 

District 

No. 

16 

Keene 

Ward  5          1 

District 

No. 

17 

Keene 

Wards  1-5  4 

5  Representative  District  Ward  Lines  for 
1984.  The  representative  district  ward 
lines  for  1984  shall  be  the  same  ward  lines 
adopted  by  the  city  of  Keene  at  the 
municipal  election  held  in  November,  1981. 


HOUSE  JOURNAL  16FEB82 


471 


6  State  Party  Convention  Delegates. 
Amend  RSA  662:6,  III  (supp)  as  inserted  by 
1979,  436:1  by  striking  out  the  delegates 
for  Keene  and  inserting  in  place  thereof  the 
following: 


Keene 
Keene 
Keene 
Keene 
Keene 


Ward  1 
Ward  2 
Ward  3 
Ward  H 
Ward  5 


7  Limitation  of  Act. 

I.  Nothing  in  this  act  affects  the 
representation  of  the  city  of  Keene  in  the 
general  court  that  assembled  on  December  3, 
1980.  The  vard  lines  for  membership  in  that 
general  court  remain  in  effect  until  the 
general  court  is  dissolved  7  days  before  the 
first  Wednesday  of  January  1984.  Any 
elections  to  fill  vacancies  in  that  general 
court  shall  be  held  on  the  basis  of  the  ward 
lines  as  they  existed  on  December  3,  1980. 

II.  Nothing  in  this  act  affects  the 
representatives  of  the  city  of  Keene  who  are 
elected  pursuant  to  section  2  of  this  act  in 
November,  1982.  The  ward  lines  shall  remain 
in  effect  as  stated  in  paragraph  I. 

8  Effective  Date. 

I.  Sections  1,  2  and  7  of  this  act 
shall  take  effect  upon  its  passage. 

II.  Sections  3,  4,  5  and  6  of  this 
act  shall  take  effect  January  1,  1984. 

Amendment  adopted. 
Ordered  to  third  reading. 

SB  3,  reapportioning  the  New  Hampshire 
congressional  districts.   Ought  To  Pass. 
This  bill  realigns  the  districts  for 
electing  representatives  to  the  United 
States  House  of  Representatives  by 
moving  the  towns  of  Atkinson  and  Windham 
from  the  first  to  the  second  district. 
Vote  12-0.  Rep.  Russell  C.  Chase  for 
Reapportionment . 

Ordered  to  third  reading. 

SB  4,  relative  to  competitive  bidding 
and  other  procedures  for  major  state 
projects.  Ought  to  Pass. 

SB  4  includes  the  Water  Resources  Board 
with  other  state  agencies  in  competitive 
bidding  requirement  for  agency  projects 
with  an  estimated  cost  of  over  $75,000. 
Vote  9-3.  Rep.  Phoebe  A.  Chardon  for 
Resources,  Recreation  and  Development. 

Ordered  to  third  reading. 

HB  36-FN,  requiring  the  public  utilities 
uuiffliiiiision  "to  'YisvB  sri  tndepemiBTit   risk 
analysis  study  conducted  for  the  Seabrook 
nuclear  power  plant.  Ought  to  Pass  with 
Amendment. 

The  Committee  reviewed  the  amendment  in 
detail.  It  felt  that  the  establishment 
of  the  Oversight  Committee  was  vital  - 
to  monitor  both  the  risk  analysis  and 
economic  impact  studies.   Both  the 
Oversight  Committee  and  the  Public 
Utilities  Commission  involvement  would 
further  insure  completeness  of  the 
studies,  their  public  dissemination,  and 


lending  credibility  to  the  findings. 
Vote  7-2.  Rep.  Robert  H.  Eisengrein  for 
Science  and  Technology. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

requiring  the  public  utilities  commission  to 

have  an  independent  risk  analysis  study 

and  a  separate  economic  analysis  study 

conducted  for  the  Seabrook 

nuclear  power  plant 

Amend  the  bill  by  striking  out  section  1 
and  inserting  in  place  thereof  the  following: 

1  Statement  of  Legislative  Intent.  The 
general  court  acknowledges  that  the  Public 
Service  Company  of  New  Hampshire  has  applied 
to  the  Nuclear  Regulatory  Commission  for  an 
operating  license  for  the  Seabrook  nuclear 
power  plant.  As  part  of  that  licensing 
process  the  general  court  has  directed  the 
New  Hampshire  civil  defense  agency  to 
prepare,  or  have  prepared  by  an  independent 
consultant,  Radiological  Emergency  Response 
Plans  for  those  communities  that  lie  within 
10  miles  of  the  Seabrook  Nuclear  Power 
Plant.  These  plans,  commonly  referred  to  as 
the  Evacuation  Plan,  are  now  being  prepared 
and  will  be  completed  in  December  of  1982. 
The  Evacuation  Plan  will  identify  the  time, 
equipment  and  organizational  requirements 
for  orderly  evacuation  of  the  area  should 
this  be  required  due  to  radiation  releases 
from  an  accident  at  the  nuclear  power 
plant.  The  Evacuation  Plan  does  not  address 
the  medical  and  public  health  consequences 
of  being  exposed  to  the  radiation  during  the 
time  between  the  release  of  radiation  and 
the  completion  of  the  evacuation.  A  risk 
analysis  is  required  to  identify  these 
medical  public  health  consequences.  The 
general  court  requires  a  risk  analysis  based 
on  the  nuclear  plant  designed  aind 
constructed  specifically  for  the  Seabrook 
site  so  that  it  may  be  compared  to  the 
Evacuation  Plan  being  prepared  for  this 
specific  seacoast  area.  The  general  court 
requires  that  both  the  Evacuation  Plan  and 
the  risk  analysis  be  completed  and  the  risk 
impact  and  attending  risk  abatement 
recommendations  be  evaluated  in  a  public 
hearing  prior  to  issuance  of  an  operating 
license  for  the  Seabrook  Nuclear  Power 
Plant.  The  general  court  is  also  concerned 
about  the  economic  impact  of  any 
interruption  of  the  electrical  generating 
function  of  the  Seabrook  Nuclear  Power  Plant 
and  Tt  rerjatres  an  ecrmomlG  Impafft  study  of 
the  costs  of  having  to  purchase  replacement 
electricity  when  the  Seabrook  station  is 
shut  down  for  any  reason. 

Amend  the  bill  by  striking  out  section  3 
and  inserting  in  place  thereof  the  following: 

3  Economic  Impact  Study  Required.  The 
public  utilities  commission  shall  institute 
an  economic  impact  study  for  the  Seabrook 
nuclear  power  plant.  The  study  shall 
develop  the  probable  economic  impact  to  New 


472 


HOUSE  JOURNAL  16FEB82 


Hampshire  if  the  Seabrook  station  is  shut 
down  for  any  reason  after  it  goes  on  line 
and  the  costs  of  obtaining  electricity  from 
other  sources  in  such  event.  The  study 
shall  be  conducted  by  an  independent  expert 
chosen  by  the  chairmain  of  the  public 
utilities  commission  and  shall  be  financed 
by  a  grant  from  the  Nuclear  Regulatory 
Commission  or  from  an  assessment  against  the 
owners  of  the  Seabrook  project  in  proportion 
to  their  share  of  ownership.  Such  sums  as 
are  necessary  to  pay  for  the  study  are 
hereby  authorized  and  appropriated  to  the 
public  utilities  commission.  The  policy  of 
the  state  shall  be  to  oppose  the  issuance  of 
any  operating  licenses  for  the  Seabrook 
plant  until  the  economic  impact  study  is 
completed  and  the  public  utilities 
conmission  has  an  opportunity  to  study  such 
findings. 

4  Oversight  Committee.  There  shall  be 
an  oversight  committee  to  monitor  the  vrork 
of  the  consultants  doing  the  risk  analysis 
study  and  the  economic  impact  study  to 
assure  that  they  are  completed  in  a  thorough 
and  timely  manner  and  to  provide  additional 
assistance  to  the  consultants.  The  9  member 
committee  shall  be  appointed  as  follows: 

one  member  representing  the  general 
interests  of  the  public  appointed  by  the 
governor;  one  member  of  the  public  utilities 
commission  designated  by  the  chairman;  one 
member  from  the  New  Hampshire  civil  defense 
agency  designated  by  the  head  of  that 
agency;  2  state  representatives  appointed  by 
the  speaker  of  the  house;  one  state  senator 
appointed  by  the  senate  president;  2  persons 
who  shall  reside  in  the  17  community 
emergency  planning  zone,  appointed  by  the 
governor  and  council;  and  one  representative 
of  Public  Service  Company  of  New  Hampshire. 
Members  shall  serve  without  compensation, 
except  that  state  employees  shall  receive 
state  employee  mileage  for  traveling  to 
meetings  of  the  committee  and  legislative 
members  shall  receive  legislative  mileage 
for  traveling  to  meetings  of  the  conniittee. 
The  committee  shall  disband  after  both 
studies  are  completed. 

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

Amendment  adopted. 
Referred  to  Appropriations. 

SB  9,  relative  to  the  sale  of  unvented 
space  heaters.  Majority:  Ought  to  Pass 
with  Amendment.  Minority:   (Reps.  Edward  F. 
Smith,  Marilee  H.  Rouillard  and  Selma  R. 
Gould)  Inexpedient  to  Legislate. 

MAJORITY:  An  amended  version  of  SB  9 
was  introduced  by  Chairman  Wight 
covering  previous  questions  raised 
concerning  U.L.  Std.  647,  use  of  heaters 
in  multiple  unit  dwellings  and  some 
safety  hazards.  The  Conmittee  passed  a 
modification  limiting  use  to  single 
family  residences,  but  otherwise 
accepting  the  amendment.  Vote  6-3- 
Rep.  Robert  H.  Eisengrein  for  Science 
and  Technology. 

MINORITY:  This  legislation  ignores  the 
safety  concerns  of  the  State's  fire 
fighting  community.  The  major  problem 
with  this  legislation  is  that  it 


legitimizes  the  sale  and  use  of  unvented 
space  heaters,  which  fire  safety 
officials  have  testified  are  hazardous 
to  use  in  occupied  structures.  Reps. 
Edward  F.  Smith,  Marilee  H.  Rouillard 
and  Selma  R.  Gould  for  Minority  of 
Science  and  Technology. 

Amendment 

Amend  RSA  158:28  as  inserted  by  section 
1  of  the  bill  by  striking  out  same  and 
inserting  in  place  thereof  the  following: 

158:28  Sale  or  Installation  of  Heaters. 

I.  Except  as  otherwise  provided  in 
this  section,  no  person  shall  sell  or  offer 
for  sale  an  unvented  space  heater,  nor  shall 
any  person  install  or  use  an  unvented  space 
heater  in  any  occupied  structure. 

II.  For  the  purposes  of  this 
section: 

(a)  "Unvented  space  heater" 
shall  mean  any  heating  appliance,  either 
wick,  wickless  or  pot  burner  type,  which 
uses  oil,  gas  or  kerosene  for  fuel,  is 
either  stationary  or  portable,  and  the 
products  of  combustion  of  which  are  not 
directly  conducted  to  the  outside  of  the 
building  via  a  chimney  connector  pipe. 

(b)  "Muntiple  family 
residence"  shall  mean  a  residence  with  2  or 
more  dwelling  units. 

(c)  "Occupied  structure" 
shall  mean  any  structure,  vehicle,  boat  or 
place  adapted  for  overnight  accommodation  of 
persons,  or  for  carrying  on  a  business 
therein,  whether  or  not  a  person  is  actually 
present. 

III.  Nothing  in  this  section  shall 
prevent  the  sale,  installation,  or  use  of 
the  following  heaters  in  any  occupied 
structure,  except  multiple  family  residences: 

(a)  The  flameless  catalyst 
type  heaters;  or 

(b)  Unvented  space  heaters 
used  as  antiques  or  curios,  provided  they 
are  rendered  inoperative;  or 

(c)  The  salamander  type 
heaters,  provided  that  they  are  used  solely 
in  accordance  with  the  standards  contained 
in  chapter  4-4.7  of  National  Fire  Protection 
Association,  Number  31;  or 

(d)  The  salamander  type 
heaters  for  temporary  use  in  an  unoccupied 
struture;  or 

(e)  Unvented  space  heaters 
listed  by  Underwriters  Laboratory,  or  by 
another  nationally  recognized  laboratory 
approved  by  the  state  fire  marshal. 
However,  in  no  instance,  shall  the  standards 
used  to  evaluate  unvented  space  heaters 
under  this  subparagraph  be  less  than  those 
of  Underwriters  Laboratory  Standard  647. 

IV.  Unvented  space  heaters 
permitted  under  this  section  shall  be 
supplied  at  the  time  of  initial  retail  sale 
with  a  siphon  pump  or  any  similar  device 
which  facilitates  the  proper  refueling  of 
the  heater  and  printed  materials  explaining 
proper  operating  procedures  and  safety 
precautions. 

V.(a)  The  state  fire  marshal  shall 
adopt  rules,  pursuant  to  RSA  541 -A: 

(1)  To  assure  that  all 
space  heaters  which  are  offered  for  sale  or 


HOUSE  JOURNAL  16FEB82 


473 


used  in  this  state  are  listed  by 
Underwriters  Laboratory  or  meet,  at  the 
minimum,  Underwriters  Laboratory  Standard 
647  if  tested  by  another  nationally 
recognized  laboratory  approved  by  the  state 
fire  marshal;  and 

(2)  To  disseminate  to 
the  public  a  list  of  space  heaters  that  have 
been  tested  and  listed  by  Underwriters 
Laboratory  or  another  nationally  recognized 
laboratory  approved  by  the  state  fire 
marshal;  and 

(3)  To  inform  any 
national  laboratory  other  than  Underwriters 
laboratory  of  vrtiat  procedure  shall  be 
required  to  be  approved  by  the  state  fire 
marshal;  and 

(4)  To  assure  the 
safekeeping,  the  safe  storage  and  handling, 
of  kerosene  (or  any  combustible  liquid  with 
characteristics  similar  to  number  1  fuel 
oil). 

(b)  The  state  fire  marshal 
shall  adopt  no  rule  to  lower  the  standards 
for  approval  of  space  heaters  in  this  state 
to  less  than  those  of  Underwriters 
Laboratory. 

VI.  Whoever  violates  any  provision 
of  this  section  shall  be  guilty  of  a 
violation  if  a  natural  person,  or  guilty  of 
a  misdemeanor  if  any  other  person. 

Reps.  M.  Arnold  Wight,  French,  Hildreth, 
Eisengrein  and  Parr  spoke  in  favor  of  the 
amendment. 

Rep.  Gordon  spoke  in  favor  of  the 
amendment  and  yielded  to  questions. 

Reps.  Edward  Smith,  O'Connor,  Baker, 
Kashulines,  Benton  and  Hoar  spoke  against 
amendment. 

Rep.  Dolbec  spoke  against  the  amendment 
and  yielded  to  questions. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

Rep.  Edward  Smith  requested  a  roll 
call.  Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  173  NAYS  127 

YEAS  173 

BELKNAP:  Birch,  Bowler,  French,  Earle 
Hardy,  Hildreth,  Lamprey,  Pearson,  Randall, 
Rich,  Sanders,  David  Whittemore  and 
Zeckhausen. 

CARROLL:  Allen,  Dickinson,  Heath,  Keller, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Daniel  Eaton, 
Eisengrein,  Ernst,  Robert  Galloway,  Gordon, 
Johnson,  Miller,  Margaret  Ramsay,  Scranton 
and  Jean  White. 

(X)OS:  Beau  lac,  Brideau,  Brungot,  Bums, 
Chappell,  Chardon,  Richard  Demers,  Lawrence 
Guay,  Horton,  Langley,  Oleson,  Valliere  and 
Wiswell. 

GRAFTON:  Buckman,  Nelson  Chamberlin, 
Chambers,  Christy,  Clark,  Driscoll,  LaMott, 
Look,  Mann,  Mansfield,  Mclver,  Seely, 
Glyneta  Thomson,  Walter  and  Roger  Wood. 

HILLSBOROUGH:  Richard  Ahem,  Ahrens, 
Amidon,  Boisvert,  Bosse,  Bridgewater, 


Carpenter,  Carswell,  Charpentier,  DeForte, 
Clyde  Eaton,  Joseph  Eaton,  Richard  Galway, 
Sal  Grasso,  Hall,  Head,  Heald,  Horan,  Howard 
Humphrey,  Kizala,  Labombarde,  Leclerc, 
Lefebvre,  Howard  Mason,  Mazur,  Murray,  Naro, 
Norman  Packard,  George  Papadopoulos,  Peters, 
Peter  Ramsey,  Robie,  G.  Philip  Rodgers,  Roy, 
Sallada,  Silva,  B.  P.  Smith,  Leonard  Smith, 
Soucy,  Spirou,  James  Sullivan,  Turgeon,  Van 
Loan,  Kenneth  Wheeler  and  M.  Arnold  Wight. 

MERRIMACK:  Bellerose,  Bibbo,  Bowes,  Brady, 
John  Gate,  Daniell,  Degnan,  Hanus,  Holmes, 
Locke,  Nichols,  David  Packard,  Paire, 
Parker,  Doris  Riley,  Margaret  Roberts, 
Savaria,  Gerald  Smith,  Stark,  Stio, 
Underwood,  Mary  Jane  Wallner  and  James 
Whittemore. 

ROCKINGHAM:  William  Boucher,  Burdick, 
Cahill,  Ellyson,  Feloh,  Flanagan,  John 
Hynes,  Kane,  Kelley,  Roger  King,  Lockhart, 
Robert  Mason,  Newell,  Osborn,  Parr,  Quimby, 
Myrtle  Rogers,  Scamman,  Schmidtchen, 
Schwaner,  Skinner,  Sytek,  Tavitiain, 
Vartanian,  Vlack,  Wo If sen  and  Raymond  Wood. 

STRAFFORD:   Appleby,  Belhumeur,  Bickford, 
Bouchard,  Creteau,  Donnelly,  Gauvin, 
Maglaras,  Meader,  Ralph  Torr  and  Whitehead. 

SULLIVAN:  Brodeur,  Cutting,  D'Amante, 
Forrest,  Leonard  Gray,  LeBrun,  Palmer, 
Spaulding  and  Townsend. 

NAYS  127 

BELKNAP:  Bolduc,  Gary  Dionne,  Holbrook  and 
Rollins. 

CARROLL:  Barringer  and  Chase. 

CHESHIRE:  Barber,  Jesse  Davis,  Hickey, 
Matson,  O'Connor,  Proctor,  Rouillard  and 
Patricia  Russell. 

COOS:  George  Lemire,  Mayhew  aind  Theriault. 

GRAFTON:   Copenhaver,  Crory,  Michael  King, 
Logan,  Rounds  and  Ward. 

HILLSBOROUGH:  Ahlgren,  Ainley,  Baker, 
Burkush,  Carragher,  Cronin,  William  Dion, 
Dolbec,  Donovan,  Duval,  Ford,  Gagnon, 
Granger,  Healy,  Hendrick,  Kashulines, 
Katsiaficas,  Keefe,  LaPierre,  Lawrence, 
Martineau,  McGlynn,  Messier,  Milton  Meyers, 
Nardi,  Nemzoff,  Pariseau,  Pastor, 
Plomaritis,  Record,  William  Russell,  Edward 
Smith,  Stylianos,  Mary  Sullivan,  Tamposi, 
Vachon,  Vergas,  Wallace,  Ware,  Emma  Wheeler, 
James  J.  White  and  Zajdel. 

MERRIMACK:  Latrrent  Boucher,  Carroll,  Dean, 
Kidder,  Lewis,  Morse,  Rayno,  Lawrence 
Sullivan,  Trachy,  Rick  Trombly,  Ashton  Welch 
and  Wiviott. 

ROCKINGHAM:  Aeschliman,  Benton,  Blanchette, 
Butler,  Marilyn  Campbell,  Carpenito, 
Connors,  Cote,  Cotton,  Day,  Flanders, 
Beverly  Gage,  Thomas  Gage,  Kenneth  Gould, 
Selma  Gould,  Hoar,  Kozacka,  Krasker,  Leslie, 
LoFranco,  Lovejoy,  Joseph  MacDonald,  Mace, 
Norman  Myers,  Pantelakos,  Pevear,  Read, 
Romoli,  Shurtleff,  Splaine  and  Warburton. 


474 


HOUSE  JOURNAL  16FEB82 


STRAFFORD:   Bernard,  Blouin,  Chagnon,  James 
Chamberlin,  James  Demers,  Phyllis  DeNafio, 
Teresa  DeNafio,  Albert  Dionne,  Drew,  Anita 
Flynn,  Hennessey,  Kincaid,  Pageotte, 
Schreiber  and  Franklin  Torr. 

SULLIVAN:   Gordon  Flint,  Sim  Gray,  Ingram 
and  Quinlan,  and  the  amendment  was  adopted. 

Rep.  Rouillard  spoke  against  the 
Committee  report. 

Rep.  Proctor  moved  that  the  words.  Refer 
for  Interim  Study,  be  substituted  for  the 
report  of  the  Majority,  Ought  to  pass  with 
amendment,  and  spoke  to  her  motion. 

Reps.  M.  Arnold  Wight,  Hildreth  and 
French  spoke  against  the  motion. 

Rep.  Leonard  Smith  requested  a  roll 
call.  Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  121   NAYS  178 

YEAS  121 

BELKNAP:  Bolduc,  Bowler,  Gary  Dionne, 
Holbrook,  Lamprey  and  Rollins. 

CARROLL:  Barringer. 

CHESHIRE:   Barber,  Jesse  Davis,  Hickey, 
Johnson,  Matson,  O'Connor,  Proctor,  Margaret 
Ramsay,  Rouillard  and  Patricia  Russell. 

COOS:  George  Lemire,  Mayhew  and  Theriault. 

GRAFTON:   Copenhaver,  Crory,  Michael  King, 
Logan,  Mansfield,  Rounds  sind  Ward. 

HILLSBOROUGH:   Ahlgren,  Ainley,  Baker, 
Burkush,  Carragher,  Cronin,  William  Dion, 
Dolbec,  Donovan,  Duval,  Ford,  Gagnon, 
Granger,  Hall,  Healy,  Hendrick,  Kashulines, 
Katsiaficas,  LaPierre,  Lawrence,  Martineau, 
McGlynn,  Messier,  Milton  Meyers,  Nardi, 
Nemzoff,  Pariseau,  Pastor,  Plomaritis, 
Record,  Edward  Smith,  Stylianos,  Mary 
Sullivan,  Vachon,  Vergas,  Ware,  James  J. 
White  and  Zajdel. 

MERRIMACK:  Laurent  Boucher,  Carroll,  Dean, 
Kidder,  Lewis,  Morse,  Lawrence  Sullivan, 
Trachy,  Rick  Trombly  and  Wiviott. 

ROCKINGHAM:  Aeschliman,  Benton,  Blanchette, 
Butler,  Marilyn  Campbell,  Carpenito, 
Connors,  Cote,  Cotton,  Day,  Flanders,  Thomas 
Gage,  Kenneth  Gould,  Selma  Gould,  Hoar, 
Kozacka,  Krasker,  Leslie,  LoFranco,  Lovejoy, 
Joseph  MacDonald,  Mace,  Norman  Myers, 
Pantelakos,  Read,  Myrtle  Rogers,  Romoli, 
Shurtleff,  Splaine  and  Warburton. 

STRAFFORD:   Bernard,  Chagnon,  James 
Ctianbei' lim,  James  Demers ,  Vl'iy llts  DeNafio, 
Teresa  DeNafio,  Albert  Dionne,  Anita  Flynn, 
Pageotte,  Schreiber  and  Franklin  Torr. 

SULLIVAN:   D'Amante,  Gordon  Flint,  Sim  Gray, 
Ingram  and  LeBrun. 

NAYS  178 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Hildreth,  Pearson,  Randall,  Rich,  Sanders, 
David  Whittemore  eind  Zeckhausen. 


CARROLL:   Allen,  Chase,  Dickinson,  Heath, 
Keller,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Daniel  Eaton, 
Eisengrein,  Ernst,  Robert  Galloway,  Gordon, 
Miller,  Scranton  and  Jean  White. 

COOS:  Beaulac,  Brideau,  Brungot,  Bums, 
Chappell,  Chardon,  Richard  Demers,  Lawrence 
Guay,  Horton,  Langley,  Oleson,  Valliere  and 
Wiswell. 

GRAFTON:   Buckman,  Nelson  Chamberlin, 
Chambers,  Christy,  Clark,  Driscoll,  LaMott, 
Look,  Mann,  Mclver,  Seely,  Glyneta  Thomson, 
Walter  and  Roger  Wood. 

HILLSBOROUGH:   Richard  Ahern,  Ahrens, 
Amidon,  Boisvert,  Bosse,  Bridgewater, 
Carpenter,  Carswell,  Charpentier,  DeForte, 
Clyde  Eaton,  Joseph  Eaton,  Richard  Galway, 
Sal  Grasso,  Head,  Heald,  Horan,  Howard 
Humphrey,  Keefe,  Kizala,  Labombarde, 
Leclerc,  Lefebvre,  Howard  Mason,  Mazur, 
Murray,  Naro,  Norman  Packard,  George 
Papadopoulos,  Peters,  Peter  Ramsey,  Robie, 
G.  Philip  Rodgers,  Roy,  William  Russell, 
Sallada,  Silva,  B.  P.  Smith,  Leonard  Smith, 
Soucy,  Spirou,  James  Sullivan,  Tamposi, 
Turgeon,  Van  Loan,  Wallace,  Emma  Wheeler, 
Kenneth  Wheeler  and  M.  Arnold  Wight. 

MERRIMACK:   Bellerose,  Bibbo,  Bowes,  Brady, 
John  Gate,  Daniell,  Degnan,  Hanus,  Holmes, 
Locke,  Nichols,  David  Packard,  Paire, 
Parker,  Rayno,  Doris  Riley,  Margaret 
Roberts,  Savaria,  Gerald  Smith,  Stark,  Stio, 
Underwood,  Mary  Jane  Wallner,  Ashton  Welch 
and  James  Whittemore. 

ROCKINGHAM:  William  Boucher,  Burdick, 
Cahill,  Ellyson,  Felch,  Flanagan,  Beverly 
Gage,  John  Hynes,  Kane,  Kelley,  Roger  King, 
Lockhart,  Robert  Mason,  Newell,  Osborn, 
Parr,  Quimby,  Scamman,  Schmidtchen, 
Schwaner,  Skinner,  Sytek,  Tavitian, 
Vartanian,  Vlack,  Wolfsen  and  Raymond  Wood. 

STRAFFORD:   Appleby,  Belhumeur,  Bickford, 
Blouin,  Bouchard,  Creteau,  Donnelly,  Drew, 
Gauvin,  Hennessey,  Kincaid,  Maglaras, 
Meader,  Ralph  Torr  and  Whitehead. 

SULLIVAN:   Brodeur,  Cutting,  Forrest, 
Leonard  Gray,  Palmer,  Quinlan,  Spaulding  and 
Townsend,  and  the  motion  lost. 

Question  being  on  the  adoption  of  the 
Committe  report. 

Ordered  to  third  reading. 

Rep.  Crotty  notified  the  Clerk  that  she 
wished  to  be  recorded  in  favor  of  SB  9. 

SUSPENSION  OF  RULES 

Rep.  Skinner  moved  that  the  rules  be  so 
far  suspended  as  to  permit  consideration  at 
the  present  time  of  HB  41,  to  conform  the 
unemployment  compensation  law  to  federal 
requirements. 

Reps.  Spirou  and  French  spoke  in  favor 
of  the  motion. 

Adopted  by  the  necessary  two-thirds. 


HOUSE  JOURNAL  16FEB82 


475 


COMMITTEE  REPORT 

HB  41,  to  conform  the  unemployment 
compensation  law  to  federal  requirements. 
Ought  to  Pass. 

The  Committee  unanimously  adopted  this 
measure  to  bring  New  Hampshire 
Unemployment  Compensation  Law  into 
conformity  with  recently  adopted  Federal 
requirements  relative  to  extended 
benefit  period  Trade  Act  and  child 
support  payments.  Vote  12-0.  Rep.  John 
B.  Hammond  for  Labor,  Human  Resources 
and  Rehabilitation. 

Ordered  to  third  reading. 

SUSPENSION  OF  RULES 

Rep.  Kidder  moved  that  the  rules  be  so 
far  suspended  as  to  permit  the  Conmittee  on 
Appropriations  to  hold  public  hearings  on  HB 
35,  requiring  the  public  utilities 
commission  to  have  an  independent  risk 
analysis  study  conducted  for  the  Seabrook 
nuclear  power  plant;  and  HB  40,  exempting 
certain  sheltered  care  facilities  from 
license  fees  and  increasing  certain  monthly 
allowances  and  making  an  appropriation 
therefor,  without  the  required  notice  in  the 
Calendar. 

Reps.  Spirou  and  French  spoke  in  favor 
of  the  motion. 

Adopted  by  the  necessary  two-thirds. 

Rep.  Baybutt  moved  that  the  House  now 
adjourn  from  the  early  session,  that  the 
business  of  the  late  session  be  in  order  at 
the  present  time,  that  the  reading  of  bills 
be  by  title  only  and  resolutions  by  caption 
only  and  that  all  bills  ordered  to  third 
reading  be  read  a  third  time  by  this 
resolution,  and  that  all  titles  of  bills  be 
the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  and  when  the  House 
adjourn  today  it  be  to  meet  at  the  call  of 
the  Chair. 

Adopted. 

LATE  SESSION 
Third   reading  and   final  passage 

HB  10-FN,    relative  to  amending  the 
operating   budget. 

HB  11,    relative  to  amending  the   capital 
budget. 

HB  14-FN,    relative  to   the  nurses 
registration   board. 

HB  26-FN,    relative  to   the  establishment 
of  a  low-level   radioactive  waste  management 
task   force  and  making  an  appropriation 
therefor. 

HB  31-FN,    enstatJllshtng-^ward   tines -for 
the  city  of  Berlin. 

HB  32-FN,    establishing  the  ward   lines   in 
the  city  of  Nashua. 

HB  37-FN,    relative   to   the    representative 
districts  in  the  city  of  Keene. 

SB  3.    reapportioning  the  New  Hampshire 
congressional  districts. 

SB  4,    relative   to   competitive   bidding 
and  other  procedures  for  major  state 
projects. 


SB  9,    relative  to  the  sale  of  unvented 
space  heaters. 

HB  41-FN,    to   conform  the   unemployment 
compensation   law  to   federal  requirements. 

Rep.   Baybutt  moved   that   the  House  stand 
in   recess    for   the   purpose   of  Introduction   of 
Bills  and  Enrolling  Reports   only. 

Adopted. 

RECESS 
ENROLLED  BILLS  REPORT 

HB  15,  requiring  a  representative  from 
management,  one  from  labor,  and  one 
representing  the  public  in  the  appellate 
division  of  the  department  of  employment 
security. 

HB  17,  relative  to  livestock  dealers, 
auctions  or  sales  rings  and  abusive 
treatment  of  horses. 

HB  19,  relative  to  the  escrow  account 
for  court  facility  improvements;  amending 
the  recodification  of  the  business 
corporation  act  and  removing  the  asset 
limitation  of  the  Carter  community  building 
association. 

HB  23  relative  to  county  sheriffs. 

SB  3,  reapportioning  the  New  Hampshrie 
congressional  districts. 

Rep.  Nancy  Baybutt 
Sen.  Laurier  Lamotagne 
For  the  Committee. 

INTRODUCTION  OF  SENATE  BILLS 
First,  second  reading  and  referral 

SB  14-FN,  relative  to  amending  the 
operating  budget.   (Appropriations) 

RECESS 

Rep.  French  moved  that  the  House  adjourn. 
Adopted. 


476 


HOUSE 
JOURNAL  8 

Thursday  2  5Feb82 


The  House  assembled  at  1:00  p.m.,  and 
was  called  to  order  by  the  Speaker. 

Prayer  was  offered  by  the  House 
Chaplain,  Rev.  William  L.  Quirk. 

Let  us  pray: 

God  our  Father,  we  thank  You  for  the 
many  good  things  You  have  given  us.  Help  us 
to  show  our  gratitude  by  responding  with  our 
respect  for  one  another. 

Instill  in  all  of  us  a  patience  and 
understanding  for  the  views  of  one  another, 
the  honesty  to  admit  our  faults  and  the 
strength  to  correct  them. 

May  the  thoughts,  words  and  actions  of 
this  day  and  each  day  assist  us  in  growing 
in  wisdom  and  grace  before  You  and  remind  us 
of  the  responsibility  to  care  for  all  Your 
people.  Amen. 


Rep.  James  J. 
Allegiance. 


Vfhite  led  the  Pledge  of 


LEAVES  OF  ABSENCE 

Reps.  Dean,  Myrl  Eaton,  Hendrick, 
Howard,  Rand,  Doris  Riley,  Flynn,  Look, 
Sanders,  Chris  Papadopoulos  and  Robert 
Wheeler,  the  day,  illness. 

Reps.  Appel,  Barringer,  Blake,  Boisvert, 
Brack,  Casinghino,  Dolbec,  Duffett, 
Galloway,  James  Hardy,  Head,  Hickey,  Holmes, 
James  Humphrey,  Thomas  Hynes,  Nardi,  Rayno, 
William  Riley,  Snell,  Stockman,  Stylianos, 
Vergas,  Vlack,  Waters,  David  Whittemore, 
Wojnowski,  Christopher  Wood,  Mooradian, 
Morse  and  Kaklamanos,  the  day,  important 
business. 

INTRODUCTION  OF  GUESTS 

Jimmy  Longo  and  John  Espinola,  guests  of 
Rep.  Espinola;  Miohele  Stavrou,  guest  of 
Reps.  Thomas  Gage  and  Maureen  Raiche;  Miss 
Amy  Beth  Rowson  and  Miss  Chris  Soucy,  of 
Manchester,  guests  of  Rep.  James  J.  White; 
Col.  Potter  Campbell,  retired,  guest  of  Rep. 
Hall;  Councilman  Cy  Bombard  of  Yuma,  Arizona 
and  Vivian  Gauger  and  children,  guests  of 
Rep.  Stio;  University  of  New  Hampshire 
Alumni  Association  Student  Ambassadors 
Jo-Ann  Allessandrini,  Chuck  Bagley,  Sharon 
Lott,  Jeff  Growney  and  Scott  Metzger,  guests 
of  Rep.  Kidder;  the  Political  Science  Class 
of  Nathaniel  Hawthorne  College,  guests  of 
the  House;  Mrs.  Jo  Melendy  of  Lebanon,  wife 
of  Rep.  Melendy;  Brother  Xavier  of  the 
Franciscans,  from  Philadelphia,  guest  of 
Rep.  John  Hynes. 


RESIGNATION 

Honorable  John  Tucker 
Speaker  of  the  House 

Dear  Mr.  Speaker: 

Since  my  appointment  to  the  Public 
Utilities  Commission  has  been  confirmed,  I 
hereby  resign  my  seat  in  the  House 
representing  Ward  1  in  Portsmouth. 
I  shall  always  value  the  many 
friendships  I  have  made  during  my  three 
terms  in  the  House  and  the  experience  of 
serving  as  a  Representative. 

Sincerely  yours. 
Lea  H.  Aeschliman 

SENATE  MESSAGES 

ACCEDES  REQUESTS  FOR 

COMMITTEE  OF  CONFERENCE 

HB  28-FN,  relative  to  the  opening  of  a 
liquor  store  in  Laconia  and  making  an 
appropriation  therefor. 

The  President  has  appointed  Sens. 
Conley,  Wiggins  and  Kelly. 

HB  20,  relative  to  minimum  mandatory 
sentences  for  driving  while  intoxicated  and 
relative  to  the  parole,  sentencing  and 
credit  for  good  conduct  of  prisoners. 

The  President  has  appointed  Sens. 
Champagne,  Bartlett  and  Sanborn. 

NON CONCURRENCE  WITH  AMENDMENT 

SB  5,  relative  to  the  real  estate 
commission,  the  board  of  nursing  education 
and  nurse  registration  sind  the  liquor 
commission. 

CONCURRENCE 

HB  35,  making  changes  in  the  certificate 
of  need  law  -  RSA  151-C. 

HB  42-FN,  relative  to  low  income  energy 
assistance  and  community  services  block 
grant. 

HB  13,  relative  to  the  exclusion  of 
automobile  dealers  and  manufacturers  from 
regulation  as  insurance  companies. 

HB  29-FN,  relative  to  county  escheat 
funds. 

HB  33,  relative  to  the  regional  disposal 
districts. 

HB  14,  relative  to  the  nurses 
registration  board. 

CONCURRENCE  WITH  AMENDMENTS 

SB  12,  correcting  an  omission  in  the 
domestic  violence  law  revision  and  relative 
to  the  right  to  recovery  of  expenses  from 
the  settlement  community  of  the  parents  of  a 
delinquent  child,  neglected  child  or  child 
in  need  of  services. 

SB  9,  relative  to  the  sale  of  unvented 
space  heaters. 

SB  10,  establishing  a  dam  maintenance 
fund  for  the  repair  aind  reconstruction  of 
state-owned  dams. 


HOUSE  JOURNAL  25FEB82 


477 


REQUESTS  CONCURRENCE  WITH  AMENDMENT 

HB  5,  relative  to  political  expenditures 
and  contributions. 

Rep.  Flanagan  moved  that  the  House 
concur. 

Adopted. 

HB  8,  relative  to  the  real  estate 
commission  and  making  an  appropriation 
therefor. 

Rep.  Townsend  moved  that  the  House 
concur. 

Adopted. 

CONFEREE  CHANGE 

HB  20,  relative  to  minimum  mandatory 
sentences  for  driving  while  intoxicated  and 
relative  to  the  parole,  sentencing  and 
credit  for  good  conduct  of  prisoners. 

Rep.  Daniel  Eaton  replaces  Rep.  Ahlgren. 

COMMITTEE  REPORTS 
(Regular  Calendar) 

HB  36-FN,  requiring  the  public  utilities 
commission  to  have  an  independent  risk 
analysis  study  and  a  separate  economic 
analysis  study  conducted  for  the  Seabrook 
nuclear  power  plant.  Ought  to  Pass. 

The  Committee  has  supported  the  bill  as 
approved  by  the  Science  and  Technology 
Committee  and  the  House  vote  on  February 
16,  1982.  Rep.  William  F.  Kidder  for 
Appropriations. 

Ordered  to  third  reading. 

HB  40-FN,  exempting  certain  sheltered 
care  facilities  from  license  fees  and 
increasing  certain  monthly  allowances  and 
making  an  appropriation  therefor. 
Recommended  but  to  be  Laid  on  the  Table 
Because  Not  Funded. 

The  Committee  feels  that  this  should  be 
a  priority  item  for  funding  and  hopes 
the  House  will  a^  the  Ways  and  Means 
Committee  to  provide  the  funding  for 
same.  Rep.  William  F.  Kidder  for 
Appropriations. 

Rep.  Murray  moved  that  HB  HO   be  referred 
to  the  Committee  on  Ways  and  Means,  and 
spoke  to  his  motion. 

Reps.  Kidder,  Spirou,  Townsend  and 
Scaraman  spoke  in  favor  of  the  motion. 

Motion  adopted. 

HB  40  was  referred  to  the  Conmittee  on 
Ways  and  Means. 

SB  lU-FN,  relative  to  amending  the 
operating  budget.  Ought  to  Pass  with 
Amendment. 

This  action  was  required  to  preserve  the 
continuance  of  the  Liquor  Commission  and 
to  fund  its  operation  until  June  30, 
1983.  The  vote  of  the  Committee  was 
unanimous.  Rep.  William  F.  Kidder  for 
Appropriations. 


Amendment 
Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  sunset  review  of  the  liquor 

commission  -  administration  and  making 

an  appropriation  therefor. 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1   Liquor  Commission  - 
Administration  Renewed.  Notwithstanding  amy 
other  provision  of  law  or  previous  action 
taken  by  the  general  court,  the  liquor 
commission  -  administration,  PAU  021301,  is 
hereby  renewed  for  6  years.  The  agency  or 
program  shall  terminate  on  July  1,  1987, 
subject  to  RSA  17-G. 

2  Duties  of  Commissioners.  Amend  RSA 
176  by  inserting  after  section  3  the 
following  new  section: 

176:3-a  Duties.  The  primary  duties  of 
the  liquor  commissioners  shall  be  to 
maximize  state  revenue,  to  maintain  proper 
control  and  to  be  solely  responsible  for  the 
efficient  and  effective  operation  of  the 
commission. 

3  Positions  Defined.  Amend  RSA  176  by 
inserting  after  section  7  the  following  new 
section: 

176:7-a  Personnel.  In  addition  to  all 
other  staff  employed  by  the  commission,  the 
commission  shall  appoint  the  following 
personnel  who  shall  be  classified  state 
employees.  Such  personnel  shall  be 
responsible  for  overseeing  the  functions  of 
the  commission  aind  shall  perform  such 
additional  duties  as  the  commission  shall 
from  time  to  time  assign: 

I.  There  shall  be  a  chief  of 
licensing  and  enforcement  who  shall  report 
to  the  commission.  He  shall  have  such  labor 
grade  as  may  be  determined  by  the  department 
of  personnel.  He  shall  supervise  the 
day-to-day  activities  of  the  commission's 
enforcement  and  licensing  functions.  The 
chief  shall  handle  all  license 
applications.  The  chief  shall  make 
recommendations,  in  writing,  to  the 
commission,  on  whether  to  grant  the  license 
application.  The  commission  shall  then 
either  grant  or  deny  the  request,  stating 
their  reasons  in  writing.  An  aggrieved 
applicant  may  appeal  the  commission's 
decision  to  the  commission  as  a  whole. 
Revocations  and  suspensions  of  licenses 
shall  follow  the  same  procedure. 

II.  There  shall  be  a  director  of 
marketing,  merchandising,  and  store 
operations  who  shall  have  auuh  labor  grade 
as  may  be  determined  by  the  department  of 
personnel  and  who  shall  be  responsible  for 
the  store  operations  of  the  commission 
including,  but  not  limited  to,  marketing, 
merchandising,  and  store  operations.  He 
shall  report  directly  to  the  commission. 

The  director  of  marketing,  merchandising  and 
store  operations  shall  recommend  sales  to 
promote  competitive  position,  coordinate 
in-store  promotion  with  advertising 
programs,  recommend  to  the  commission  the 


478 


HOUSE  JOURNAL  25FEB82 


delisting  of  products  not  meeting  gross 
profit  levels  and  the  listing  of  products 
that  will  maximize  profits  to  the  state, 
control  expenditures  within  appropriated 
funds,  recommend  changes  in  store  locations 
and  hours,  and  plan  store  activities  to 
provide  maximum  customer  service  and  sales 
and  advertising.   The  director  shall  be 
responsible  for  recommending,  in  writing,  to 
the  commission,  the  listing  and  delisting  of 
products  with  justifiable,  written  reasons 
for  the  recommendation.  All  requests  for 
listings  and  delistings  of  products  shall  be 
made  to  the  commission  to  the  attention  of 
the  chairman  in  writing,  and  shall  be 
referred  to  the  director  of  marketing, 
merchandising  and  store  operations  for  a 
recommendation.  All  recommendations  for 
listings  shall  be  forwarded  to  the 
commission  in  writing  by  the  director  of 
marketing,  merchandising  eind  store 
operations.  The  commission  shall  then 
approve  or  disapprove  the  recommendation, 
stating  the  reasons  in  writing.  An 
applicant  may  appeal  to  the  commission,  in 
writing,  any  negative  decision. 
Additionally,  the  director  of  marketing, 
merchandising,  and  store  operations  shall  be 
responsible  for  sales  promotions,  mark-up 
recommendations  and  advertising. 

III.  There  shall  be  a  director  of 
warehousing  and  transportation  who  shall 
have  such  labor  grade  as  may  be  determined 
by  the  department  of  personnel  and  who  shall 
be  responsible  for  the  warehousing  and 
transportation  functions  of  the  commission. 
The  director  of  warehousing  and 
transportation  shall  develop  plans  to 
operate  warehouses  in  the  most  efficient 
manner,  maintain  traffic  rate  information, 
develop  security  measures  to  minimize  loss 
of  inventory  and  make  recommendations  to  the 
commission  for  improvements  in  material 
handling  and  purchasing. 

IV.  There  shall  be  a  director  of 
data  processing  and  accounting  who  shall 
have  such  labor  grade  as  may  be  determined 
by  the  department  of  personnel  and  who  shall 
be  responsible  for  the  data  processing 
activities  and  accounting  systems  of  the 
commission.  The  director  of  data  processing 
and  accounting  shall  maintain  records  to 
assure  fiscal  and  inventory  control,  prepare 
reports  as  required  by  the  commission, 
design  and  implement  internal  security 
procedures  to  minimize  losses  to  the  state, 
gather  and  consolidate  information  for 
budgetary  and  other  purposes,  and  recommend 
to  the  commission  improvements  in  the 
commission's  hardware  and  software  as  may  be 
needed  to  keep  the  system  current  with 
industry. 

V.  There  shall  be  an  accountant 
who  sTiall  be  respdh^lble  for  ■tlTe^accountTng 
functions  as  assigned  by  the  director  of 
data  processing  and  accounting.  He  shall 
have  such  labor  grade  as  may  be  determined 
by  the  department  of  personnel. 

4  Positions  Abolished. 
Nothwithstanding  any  other  provision  of  law, 
the  positions  of  executive  director,  manager 
of  merchandising,  manager  of  accounts,  and 
manager  of  data  processing  established  by 
the  governor  and  council  and  the  select 
committee  on  liquor  oversight  pursuant  to 


the  laws  of  1979,  '^3^•.^\^3   are  hereby 
abolished  and  the  terms  of  the  Incumbents 
therein  terminated. 

5  Employees  Protected.  Notwithstanding 
any  other  provision  of  law,  any  permanent 
classified  employee  of  the  liquor  commission 
whose  employment  is  terminated  as  the  result 
of  this  or  any  other  act  shall  be  given 
preference  over  original  appointments  to  a 
position  in  the  same  department  for  which 
the  person  is  qualified  for  a  period  of  one 
year  following  the  person's  actual 
termination  date.  Such  former  employee 
shall  be  given  preference  over  candidates 
for  promotion  when  deemed  advisable  by  the 
commission. 

6  Approval  of  Leases  and  Contracts. 
Amend  RSA  177:1  as  amended  by  striking  out 
said  section  and  inserting  in  place  thereof 
the  following: 

177:1  State  Stores.  The  commission  may 
lease  and  equip  in  the  name  of  the  state, 
such  stores,  warehouses,  and  other 
merchandising  facilities  for  the  sale  of 
liquor  as  are  necessary  to  carry  out  the 
provisions  hereof.  Any  lease  or  contract 
made  pursuant  hereto  shall  be  approved  by 
the  attorney  general  and,  in  the  case  of  a 
contract,  by  governor  and  council  as  well  as 
the  attorney  general,  before  becoming 
effective;  rules  adopted  under  RSA  8:13, 
especially  under  paragraph  VI  thereof,  shall 
govern  all  such  contracts.  No  newly 
established  state  store  shall  be  operated 
within  200  feet  of  any  public  or  private 
school,  church,  chapel,  or  parish  house. 

7  Registration  Required.  Amend  RSA 
175:3  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

175:3  Licenses  Required.  No  person 
shall  manufacture  for  sale  or  sell  or  keep 
for  sale  any  liquor  or  beverage  without 
first  registering  to  do  business  with  the 
secretary  of  state  and  obtaining  a  license 
or  permit  therefor  under  the  provisions  of 
this  title. 

8  Vendor  License.  Amend  RSA  175  by 
inserting  after  section  3-b  the  following 
new  section: 

175:3-c  Vendor  License.  Any  liquor 
company  desiring  to  sell  liquor  other  than 
wine  governed  by  RSA  178-A  shall  register  to 
do  business  with  the  commission  and  obtain  a 
liquor  vendor's  license.  Said  license  shall 
expire  annually  on  May  31  and  be  renewed 
annually  by  the  commission,  upon 
application,  unless  the  commission  finds, 
after  notice  and  hearing,  that  the  renewal 
thereof  would  be  against  the  public 
interest.  The  annual  fee  for  a  liquor 
vendor's  license  shall  be: 

I.  For  a  vendor  who  has  not 
p^re'viously  sold  liquor  in  this  State  -  $100; 

II.  For  a  vendor  who  sold  in  this 
state  in  the  preceding  year,  less  than  1,000 
cases  of  liquor  -  $400; 

III.  For  a  vendor  who  sold  in  this 
state  in  the  preceding  year,  at  least  1,000 
cases  of  liquor  but  less  than  5,000  cases  of 
liquor  -  $2,000; 

IV.  For  a  vendor  who  sold  in  this 
state  in  the  preceding  year,  5,000  or  more 
cases  of  liquor  -  $4,000. 

9  Liquor  Representative  License; 
Penalty;  Employment  Prohibition.   Amend  RSA 


HOUSE  JOURNAL  25FEB82 


479 


175    by   inserting  after   section    14   the 
following  new  sections: 

175:15     Liquor  Representative  License. 
A   liquor   representative's   license   shall 
authorize   the   holder   thereof  to   offer   for 
sale  or  solicit  orders   for  the  sale  of  any 
liquor,    except  wine  covered   by  RSA   178-A,    if 
the  vendor  of  such  liquor   is   the  holder  of  a 
manufacturer's  or  vendor's   license  or 
certificate.     The  annual   fee,    due  May  31, 
shall  be  $50  for  each   liquor 
representative.     The  commission  shall 
approve  all  applications   for  licenses 
authorized  under  this  section  unless   it 
shall  have  good  cause  not   to  approve  one. 

175:16     Penalty. 

I.  It  shall  be  unlawful   for  any 
elected  state  official  knowingly  to: 

(a)  Intervene   in  the 
selection,    employment  or  dismissal  of  any 
liquor  representative,    wine  solicitor,    or 
other  agent  or  employee  of  any  distiller, 
importer,    rectifier,    or  other  holder  of  a 
manufacturer's  permit  or  license,    liquor 
vendor's   license,    or  manufacturer's  wine 
certificate; 

(b)  Intervene   in  the 
stocking,    display,    listing,    delisting,    or 
marketing  policies,    practices,    or  decisions 
of  the  commission  regarding  products 
authorized  by  the  commission  to   be  sold   in 
this  state. 

II.  It  shall  be  unlawful  for  any 
member  or  employee  of  the  commission 
knowingly   to   intervene    in   the   selection, 
employment  or  dismissal  of  any  liquor 
representative,    wine  solicitor,    or  other 
agent  or  employee  of  any  distiller, 
importer,    rectifier,    or  other  holder  of  a 
manufacturer's  permit  or   license,    liquor 
vendor's   license,    or  manufacturer's  wine 
certificate. 


III.  It  shall  be  unlawful,    except 
as  authorized  by  procedural  regulations 
promulgated   by  the  commission,    for  any 
liquor   representative,    wine  solicitor, 
liquor   vendor,    or  wine   vendor  knowingly   to 
intervene   in  the  stocking,    display,    listing, 
delisting,   or  marketing  policies,    practices, 
or  decisions  of  the  commission  regarding 
products  authorized  by  the   commission  to  be 
sold  in  this   state. 

IV.  Any  person   who   shall   be 
convicted   of  violating  any  provision  of  this 
section  shall  be  guilty  of  a  class  B  felony. 

175:17     Employment  Prohibited. 
Notwithstanding  any   other  provision   of  law, 
no  elected  state  official,   member  of  the 
liquor  commission,    or  employee  of  the   liquor 
commission  shall  be  a  sales  representative 
of  any  person,    firm,    partnership, 
corporation,    association,    or  company  which 
sells   liquor  or  wine   to   the  state  of  New 
Hampshire    for  a   period   of  2   years   from  the 
date   that   such  person  leaves  office  or 
terminates  such  employment. 

10  Repeal.  RSA  178-A:4  relative  to 
price  restrictions  on  the  retail  sale  of 
wine   is  hereby  repealed. 

11  Wine  Sales.      Amend  RSA  178-A:21,    I 
and  II  as   inserted   by   1978,    3:1    by  striking 
out  said  paragraphs  and   inserting  in  place 
thereof  the   following: 

I.  A  schedule  of  hours  and 
procedures  by  which  holders  of  retail  wine 
licenses  may  purchase  table  wines  by  the 
case. 

II.  A  schedule  of  hours  aind 
procedures  by  which  table  wines  may  be 
purchased   for  resale   by  holders  of  retail 
wine   licenses  at  a  price  of  25   percent   less 
than  the   regular  retail  price. 

12  Appropriation.     Amend   1981,    568:1.02 
13   by  striking  out  same  and   inserting  in 
place  thereof  the   following: 


Fiscal  Year   1982 


Fiscal  Year  1983 


02     Administration  of  justice 
and  public  protection 
13     Liquor  commission 
01     Office  of  the  commissioner 


The  office  of  the  commissioner   is  hereby 
appropriated   this  amount   for: 

1.  Administration  and  support 

2.  Enforcement  (regulation)  operations 


Personnel  Services  859,207 
Operating  expenses  19'*,83't 
Other  expenses  180,500 

Total 

Estimated   source  of  funds   for 

Office  of  the  commissioner 


1,244,541 


777,829 
204,111 
100,500 


1,082,440 


General  fund 


1,060,408 


907,440 


Other   funds 
Total 


184,133 
1,244,541 


1 75 , 000 
1,082,440 


02     Administration  of   justice 
and  public  protection 
13     Liquor  commission 
02     Data  processing 


480 


HOUSE  JOURNAL  25FEB82 


Fiscal  Year  1982 


Fiscal  Year   1983 


The  division  of  data  processing   is  hereby 
appropriated   this  amount   for: 
Data  processing  functions 


Personnel  services  261,917 

Operating  expenses  5,785 

Other  expenses  182,200 

Total 

Estimated   sources   of  funds   for 

Data  processing 

General  furni 
Total 

02     Administration  of  justice 
and  public  protection 
13     Liquor  commission 
03     Accounts 

The  division  of  accounts   is  hereby 
appropriated  this  amount  for: 
Administration  of  the  commission's 
accounts. 


14149,902 


14149,902 
14149,902 


2140,325 

980 

276,430 


517,735 


517,735 
517,735 


Personnel  services 

Operating  expenses 
Total 

Estimated  source  of  funds  for 
Accounts 

General  fund 
Total 


332,725 
536 


333,261 


333,261 
333,261 


328,818 
530 


329,348 


329 , 348 
329 , 348 


02     Administration   of  justice 
and  public  protection 
13     Liquor  commission 
04     Merchandising  and  warehousing 

The  division  of  merchandising/warehouse 
is  hereby  appropriated  this  amount  for: 

1 .  Administration 

2.  Operation 

A.  Retail  stores 

B.  Warehouse 


Fiscal  Year  1982 


Fiscal  Year  I983 


Personnel  services 

Operating  expenses 

Other  expenses 
Total 

Estimated  source  of  funds  for 
Merchandising  and  warehousing 

General  fund 
Total 

Total 

Estimated  source  of  funds  for 

Liquor  commission 

Seneral  fcmxl 

Other  funds 
Total 


7,394,876 

2,315,458 

215,000 


9,925,334 


9,925,334 
9,925,334 

11,953,038 


It, 766, 905 

184,133 
11,953,038 


7,130,100 
2,418,497 
15,000 


9,563,597 


9,563,597 
9,563,597 

11,493,120 


t1, 318, 120 

1 75 , 000 
11,493,120 


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


HOUSE  JOURNAL  25FEB82 


481 


Rep.  Rounds  spoke  in  favor  of  the 
amendment . 

I  would  like  to  convey  to  you  some  of 
the  remarks  that  were  offered  by  Speaker 
Tucker  to  the  Appropriations  Committee  on 
the  morning  of  February  22nd,  Quote: 

"I  appear  here  this  morning  to  speak  to 
you  not  so  much  on  SB  14  but  on  the 
responsibility  that  I  think  rests  with  this 
consnittee  this  morning  to  resolve  a  crisis 
that  is  presently  facing  the  State  of  New 
Hampshire.  A  crisis  not  in  any  way 
perpetrated  by  this  committee  or  the  New 
Hampshire  House  but  a  crisis  that  has  been 
brought  on  by  the  irresponsible  action  of 
the  State  Senate  in  ignoring  a  long-standing 
time-honored  tradition  in  a  democratic 
process.  The  process  is,  when  you  don't 
agree,  you  meet  and  discuss  your 
disagreements  and  attempt  to  reach  a 
compromise  and  we  use  the  procedure  known  as 
a  Committee  of  Conference  in  the  legislative 
process  to  do  that. 

"We  do  not  simply  throw  the  state  on  the 
brink  of  fiscal  chaos  by  refusing  to 
participate  in  the  legislative  process. 
When  you  disagree,  you  name  a  Committee  of 
Conference  and  you  attempt  to  iron  out  those 
differences. 

"As  it  relates  to  the  state's  second 
largest  source  of  income,  the  income  that  we 
receive  from  liquor  sales,  this  has  been 
ignored  to  the  point  where  we  are  at  the 
brink  of  an  actual  catastrophe  as  it  relates 
to  the  state  being  able  to  conduct  its 
business  and  in  meeting  our  constitutional 
reaponsibility  of  attending  to  the  welfare 
of  the  people  of  this  state.   It  is  a 
tragedy  that  on  February  17th  the  Senate 
voted  to  nonconcur  in  SB  5  rather  than 
naming  a  Committee  of  Conference. 

"I  think  the  people  of  this  state  are 
beginning  to  realize  the  impact  of  that 
irresponsible  action.   It  is  now  becoming 
known  to  the  people  in  the  hotel  and  motel 
industry,  the  people  in  the  restaurant 
industry,  to  the  people  in  the  ski  industry 
and  those  involved  in  convention  centers 
that  they  will  not  be  able  to  maintain 
business  as  usual  and  in  fact  probably  will 
be  unable  to  maintain  business  at  all  if  we 
fail  to  restructure  and  reinstitute  the 
state  Liquor  Commission. 

"The  loss  of  business  profits  tax  money, 
the  loss  of  rooms  and  meals  tax  money,  let 
alone  the  loss  of  liquor  sale  money,  will 
wreak  havoc  with  our  entire  state  budget  and 
so  it  is  for  this  reason  that  I  come  to  you 
this  morning  asking  you  to  do  the  following." 

Speaker  Tucker  asked  the  Committee  on 
Appropriations  to  take  Senate  Bin  1*1  and 
provide  within  that  Senate  bill  the 
necessary  funding  for  the  commission  as  the 
House  Appropriations  Committee  put  it  forth 
in  HB  10.  He  also  asked  that  Appropriations 
remove  the  stipulation  that  the  House  had 
placed  in  SB  5  that  required  financial 
disclosure  by  vendors  doing  business  with 
the  Liquor  Commission.  He  also  asked  them 
to  remove  from  the  House  version  of  SB  5  the 
specific  duties  assigned  to  the 
commissioners  and  that  it  add  to  SB  14  the 
original  Senate  provision  for  the 
protections  of  employees.  This  the 


Appropriations  Committee  did  that  day  aind 
this  is  the  bill  that  you  have  before  you. 
Effectively  what  the  Speaker  asked  the 
Appropriations  Committee  to  do  and  asked  his 
designated  conferees  on  SB  5  —  Reps.  Jean 
White,  William  Russell,  Roger  Wood  and 
Margaret  Ramsay  to  do  was  to  hold  a 
Comnittee  of  Conference  without  the  Senate 
present  because  they  had  refused  to  name  a 
Committee  of  Conference  on  the  bill.  What 
the  House  conferees  did  was  identify  from 
statements  made  by  Sen.  Sanborn  before  the 
Appropriations  Subcommittee  those 
objectionable  elements  of  SB  5  as  amended  by 
the  House.  That  is  the  bill  before  you 
today.  If  we  are  going  to  avoid  the  chaos 
in  the  liquor  industry,  in  the  ski  industry, 
then  it  is  imperative  that  we  pass  this  bill 
today.  It  is  my  understanding  that  if  we  do 
that,  the  Senate  will  meet  tomorrow  and 
consider  it.   I  urge  you  to  support  the 
motion  before  you. 

In  addition,  there  is  a  Floor  Amendment 
which  will  be  offered  if  this  passes.  The 
floor  amendment  is  printed  on  page  4080. 
This  floor  amendment  would  make  two 
technical  changes  in  the  bill.   It  removes  a 
section  which  deals  with  the  pricing  of 
wine.  And  it  removes  a  section  which  gives 
the  Commission  the  authority  to  change  the 
method  of  purchasing  of  wine  by  off-sale 
licensees.  Both  of  these  are  technical 
matters.  They  can  be  handled  in  the  next 
session  of  the  Legislature  where  they  can 
have  a  full  public  hearing,  where  everyone 
who  has  an  objection  to  them  or  supports 
them  can  have  a  voice. 

I  urge  you  to  also  vote  in  favor  of  this 
floor  amendment.  Support  the  motion  before 
you  when  it  passes,  support  the  floor 
amendment . 

I  urge  you  to  give  this  your  unanimous 
support  so  that  we  may  send  a  message  to  our 
friends  on  the  other  side  of  the  wall  and  to 
the  citizens  of  the  State  of  New  Hampshire 
which  they  certainly  deserve. 

Rep.  French  moved  that  Rep.  Rounds 
remarks  be  printed  in  the  House  Journal. 

Unanimously  adopted. 

Question  being  on  the  Committee 
amendment.  Rep.  French  requested  a  roll 
call.  Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  296  NAYS  1 

YEAS  296 

BELKNAP:   Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Hildreth, 
Holbrook,  Lamprey,  Christina  O'Neill, 
Pearson,  Randall,  Rich,  Rollins  and 
Zecinjausen. 

CARROLL:  Allen,  Chase,  Dickinson,  Heath, 
Keller,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Barber,  Baybutt,  Crane,  Jesse 
Davis,  Daniel  Eaton,  Eisengrein,  Ernst, 
Gordon,  Johnson,  Lane,  Matson,  Miller, 
Moore,  O'Connor,  Perry,  Proctor,  Rouillard, 
Patricia  Russell,  Scranton  and  Jean  White. 

COOS:  Beaulac,  Brideau,  Brungot,  Bums, 
Chappell,  Chardon,  Lawrence  Guay,  Horton, 


482 


HOUSE  JOURNAL  25FEB82 


Langley,  Mayhew,  Oleson,  Theriault, 
Valliere,  Wiswell  and  York. 

GRAFTON:  Buckman,  Nelson  Chamberlin, 
Chambers,  Christy,  Clark,  Copenhaver,  Crory, 
Drisooll,  Hammond,  Michael  King,  LaMott, 
Logan,  Lynde,  Mann,  Mansfield,  Melendy, 
Pepitone,  Rounds,  Seely,  Taffe,  Glyneta 
Thomson,  Walter  and  Roger  Wood. 

HILLSBOROUGH:   Debora  Ahem,  Richard  Ahem, 
Ahlgren,  Ahrens,  Ainley,  Amidon,  Arnold, 
Baker,  Bosse,  Bridgewater,  Burkush, 
Carpenter,  Carragher,  Carswell,  Charpentier, 
Cronin,  Crotty,  William  Dion,  Donovan, 
Duval,  Clyde  Eaton,  Joseph  Eaton,  Ford, 
Gagnon,  Richard  Galway,  Gelinas,  Granger, 
Sal  Grasso,  Hall,  Heald,  Horan,  Howard 
Humphrey,  Kashulines,  Katsiaficas,  Keefe, 
Kizala,  Knight,  Lamy,  Lawrence,  Leclerc, 
Lefebvre,  Roland  Lemire,  Madigan,  Martineau, 
Howard  Mason,  Mazur,  McGlynn,  Messier, 
Milton  Meyers,  Mulligan,  Murray,  Naro, 
Nemzoff,  Norman  Packard,  George 
Papadopoulos,  Aime  Paradis,  Pariseau, 
Pastor,  Peters,  Plomaritis,  Maureen  Raiche, 
Record,  Robie,  G.  Philip  Rodgers,  William 
Russell,  Sallada,  Silva,  B.  P.  Smith,  Edward 
Smith,  Leonard  Smith,  Soucy,  Spirou, 
Steiner,  Stone,  James  Sullivan,  Mary 
Sullivan,  Tamposi,  Turgeon,  Vachon,  Van 
Loan,  Wallace,  Ware,  Watson,  Emma  Wheeler, 
Kenneth  Wheeler,  James  J.  White,  M.  Arnold 
Wight,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  Bowes,  Brady,  Carroll,  John  Gate, 
Milton  Gate,  Daniell,  Degnan,  Hanus,  Kidder, 
Lewis,  Locke,  Nichols,  James  O'Neill,  David 
Packard,  Paire,  Parker,  Margaret  Roberts, 
William  Roberts,  Savaria,  Gerald  Smith, 
Stark,  Stio,  Lawrence  Sullivan,  Trachy,  Rick 
Trombly,  Mary  Jane  Wallner,  James 
Whittemore,  Wiviott  and  Zimmerman. 

ROCKINGHAM:  Benton,  William  Boucher, 
Burdick,  Butler,  Marilyn  Campbell,  Camuso, 
Carpenito,  Connors,  Cote,  Day,  Downing, 
Ellyson,  Espinola,  Felch,  Flanagan, 
Flanders,  Thomas  Gage,  Kenneth  Gould,  Selma 
Gould,  Greene,  Hoar,  Hollingworth,  John 
Hynes,  Kane,  Kelley,  Roger  King,  Kozacka, 
Krasker,  Leslie,  Lockhart,  LoFranco, 
Love joy,  Joseph  MacDonald,  Mace,  Robert 
Mason,  Norman  Myers,  Nevins,  Newell,  Osborn, 
Parr,  Pevear,  Quimby,  Read,  Romoli,  Scamman, 
Schmidtchen,  Schwaner,  Shurtleff,  Skinner, 
Splaine,  Stimmell,  Sytek,  Tavitian, 
Vartanian,  Warburton,  Wolfsen  and  Raymond 
Wood. 

STRAFFORD:   Appleby,  Belhumeur,  Bernard, 
Bickford,  Blouin,  Bouchard,  Brown,  Chagnon, 
James  Chamberlin,  James  Demers, 
Demetracopoulos,  Phyllis  DeNafio,  Teresa 
DeNafio,  Albert  Dionne,  Donnelly,  Drew, 
Gauvin,  Kincaid,  Maglaras,  Meader,  Pageotte, 
Schreiber,  Donald  Smith,  Franklin  Torr  and 
Whitehead. 

SULLIVAN:   Brodeur,  David  Campbell,  Cutting, 
D'Amante,  Gordon  Flint,  Forrest,  Leonard 
Gray,  Ingram,  LeBrun,  Palmer,  Quinlan, 
Spaulding  and  Townsend. 


NAYS   1 

BELKNAP:  None. 

CARROLL:  None. 

CHESHIRE:   None. 

COOS:  None. 

GRAFTON:   None. 

HILLSBOROUGH:   Labombarde. 

MERRIMACK:   None. 

ROCKINGHAM:   None. 

STRAFFORD:   None. 

SULLIVAN:   None,  and  the  amendment  was 

adopted. 

Rep.  Schreiber  notified  the  Clerk  she 
inadvertently  voted  yea  and  meant  to  vote 
nay. 

Rep.  Spirou  offered  an  amendment. 

Amendment 

Amend  the  bill  by  striking  out  sections 
10  and  11  and  renumbering  sections  12  and 
13  to  read  as  10  and  11  respectively. 

Rep.  Spirou  spoke  to  his  amendment. 
Amendment  adopted. 
Ordered  to  third  reading. 

(Speaker  Pro  Tem  in  the  Chair) 

SB  22-FN,  to  provide  workmen's 
compensation  benefits  to  certain  persons  who 
assist  in  search  and  rescue  missions.  Ought 
to  Pass. 

This  legislation  is  intended  to  correct 
a  situation  with  regard  to  volunteer 
search  and  rescue  personnel  who  might 
lose  their  lives  or  might  become  injured 
during  their  effort  to  effect  a  rescue. 
Vote  was  unanimous.  Rep.  William  F. 
Kidder  for  Appropriations. 

Ordered  to  third  reading. 

SB  15-FN,  relative  to  the  assessment  of 
the  land  use  change  tax.  Ought  to  Pass  with 
Amendment . 

This  bill  clarifies  RSA  79-A,  the 
Current  Use  Law,  by  removing  a  reference 
to  "buildings"  in  RSA  79-A:7,  IV  (a)  to 
be  consistent  with  RSA  79-A:5  which 
provides  that  buildings  are  excluded 
from  open  space  land  to  be  assessed  at 
current  use  values.   The  bill  also 
specifies  that  the  land  use  change  tax 
shall  be  payable  when  parcels  subject  to 
current  use  assessment  have  been  reduced 
in  size  below  the  minimum  acreage 
established  by  the  Current  Use  Advisory 
Board. 

The  Committee  amendment  prevents  the 
Current  Use  Advisory  Board  from 
increasing  minimum  acreage  requirements 
above  the  present  10  acres.  The 
amendment  is  also  intended  to  avoid 
triggering  the  use  change  tax  on  land 
which  continues  to  meet  any  of  the 
various  minimum  acreage  requirements 
established  by  the  Current  Use  Advisory 
Board.   Vote  14-0.  Rep.  Myrtle  B. 
Rogers  for  Environment  and  Agriculture. 


HOUSE  JOURNAL  25FEB82 


483 


Amendment 

Amend  the  bill  by  striking  out  sections 
2  and  3  and  inserting  in  place  thereof  the 
following: 

2  Acreage  Requirements.  Amend  RSA 
79-A:4,  I  (supp)  as  inserted  by  1973,  372:1 
as  amended  by  inserting  in  line  4  after  the 
word  "indicate."  the  following  (However,  the 
board  shall  not  have  the  power  to  establish 
acreage  requirements  in  excess  of  10  acres. ) 
so  that  said  paragraph  as  amended  shall  read 
as  follows: 

I.  It  shall  meet  at  least 
annually,  prior  to  February  1,  to  establish 
a  schedule  of  criteria  and  values  to  be  used 
for  the  current  year.   It  shall  have  the 
power  to  establish  acreage  requirements  and 
such  new  criteria  and  values  as  legislation 
and  land  management  practice  may  indicate. 
However,  the  board  shall  not  have  the  power 
to  establish  acreage  requirements  in  excess 
of  10  acres.   It  shall  also  review  all  past 
current  use  land  values  and  criteria  for 
open  space  land  established  by  past  boards. 
It  shall  also  be  the  responsibility  of  the 
advisory  board  to  recommend  such  changes  and 
improvements  in  the  administration  of  this 
chapter  as  experience  and  public  reaction 
may  recommend . 

3  Land  Use  Change.  Amend  RSA  79-A:7, 
IV  by  Inserting  after  subparagraph  (b)  the 
following  new  subparagraph: 

(c)  By  reason  of  size,  the 
site  no  longer  conforms  to  criteria 
established  by  the  board  under  RSA  79_A:4,  I. 

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

Amendment  adopted. 
Ordered  to  third  reading. 

SB  7,  relative  to  the  illegal  purchase 
of  alcoholic  beverages  by  minors  and 
licensee  and  permittee  violation  of  liquor 
commission  rules.  Ought  to  Pass  with 
Amendment. 

Under  current  law  the  Liquor  Commission 
may  only  suspend  or  revere  a  liquor 
license  for  violation  of  the  rules  and 
regulations.  This  bill  gives  the 
Commission  the  authority  to  impose  a 
fine  as  well.  Such  fines  will  be 
deposited  in  a  special  fund  for 
community  based  alcohol  and  drug  abuse 
treatment  programs. 

The  bill  also  provides  that  anyone  who 
falsifies  a  driver's  license  or  borrows 
or  lends  his  license  for  the  illegal 
purchase  of  alcoholic  beverages  shall 
have  his  license  suspended  for  90  days. 
Vote  unanimous.  Rep.  Donna  P.  Sytek  for 
Judiciary. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  the  violation  of  liquor 

commission  rules  by  licensee  and 

permittees  and  the  suspension 

of  a  driver's  license  used 

illegally  for  obtaining 

alcoholic  beverages. 


Amend  RSA  178:11  as  inserted  by  section 
2  of  the  bill  by  striking  out  same  and 
inserting  in  place  thereof  the  following: 

178:11  Suspension  or  Revocation.  It 
shall  be  the  duty  of  the  commission  to  cause 
frequent  inspections  to  be  made  of  all  the 
premises  with  respect  to  which  any  license 
or  permit  shall  have  been  issued  under  the 
provisions  of  this  title.   If  any  licensee 
or  permittee  violates  any  of  the  provisions 
of  this  chapter  or  any  of  the  rules  of  the 
commission  promulgated  thereto,  or  fails  to 
superintend  in  person  or  through  a  manager 
approved  by  the  commission  the  business  for 
which  the  license  or  permit  was  issued,  or 
allows  the  premises  with  respect  to  which 
the  license  or  permit  was  issued  to  be  used 
for  any  unlawful,  disorderly  or  immoral 
purposes,  or  knowingly  employs  in  the  sale 
or  distribution  of  liquor  or  beverages  any 
person  who  has  been  convicted  of  a  felony, 
or  otherwise  fails  to  carry  out  in  good 
faith  the  purposes  hereof,  for  the  first 
offense  within  a  3  year  period  the  licensee 
or  permittee  shall  be  fined  by  the 
commission  up  to  $1,000  for  each  infraction 
thereof,  and  the  license  or  permit  of  such 
licensee  or  permittee  may  be  suspended  by 
the  commission  without  hearing,  and  may  be 
revoked  after  notice  and  hearing.  For  any 
subsequent  such  offense  within  a  3  year 
period  the  licensee  or  permittee  shall  be 
fined  by  the  commission  up  to  $1,000  for 
each  infraction  and  the  license  or  permit  of 
such  licensee  or  permittee  shall  be 
suspended  by  the  commission  without  hearing, 
and  may  be  revoked  after  notice  and 
hearing.  Any  fine  imposed  by  the  commission 
under  this  section  shall  be  deposited  in  a 
special  non-lapsing  account  established  by 
the  state  treasurer  for  the  office  of 
alcohol  and  drug  abuse  to  be  expended  for 
the  exclusive  purpose  of  community  based 
prevention  and  treatment  programs  and  for 
said  purposes  the  sums  so  deposited  are 
hereby  appropriated.  The  commission  shall 
promulgate  rules  in  accordance  with  RSA 
541 -A  for  the  collection  of  such  fines  which 
shall  be  turned  over  to  the  state  treasury. 
The  commission  may  investigate  the  prices 
charged  for  liquor  and  beverages  by  the 
licensees  and  permittees.  The  commission 
may  revoke  or  suspend  the  license  of  any 
licensee  or  the  permit  of  any  permittee  if 
it  finds  after  notice  and  hearing  that  the 
profit  from  the  sale  of  liquor  or  beverages 
by  such  licensee  or  permittee  is 
unreasonable  and  excessive. 

Amend  RSA  5:12,  I(o)  as  inserted  by 
section  4  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 
(o)  Moneys  received  under  RSA 
178:11,  which  shall  be  credited  to  a  special 
fund  for  alcohol  and  drug  abuse  prevention 
and  treatment  programs. 

Amend  the  bill  by  striking  out  section  1 
and  renumbering  sections  2-5  to  read  as  1 , 
2,  3  and  4  respectively. 

Amendment  adopted. 
Ordered  to  third  reading. 


484 


HOUSE  JOURNAL  25FEB82 


(Speaker  in  the  Chair) 

HB  39-FN,  establishing  the  ward  lines  in 
the  city  of  Concord  and  amending  the  charter 
of  said  city.   Ought  to  Pass  with  Amendment. 
HB  39  establishes  new  ward  lines  when 
approved  by  a  city  referendum.  It  also 
apportions  the  state  representatives. 
The  amendment  makes  technical  changes 
but  does  not  change  the  original  intent 
of  the  bill.  Vote  19-0.  Rep.  Russell 
C.  Chase  for  Reapportionment. 

Amendment 

Amend  section  4  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

4  Representation  in  General  Court. 
Amend  RSA  662:5,  VII  (supp)  as  inserted  by 
1979,  436:1  by  striking  out  the  districts 
for  Concord,  being  districts  14  to  21, 
inclusive,  and  inserting  in  place  thereof 
the  following: 


District 

13 

Concord 

Ward  A     1 

District 

14 

Concord 

Ward  B     1 

District 

15 

Concord 

Ward  C     1 

District 

16 

Concord 

Ward  D     1 

District 

17 

Concord 

Ward  E     1 

District 

18 

Concord 

Ward  F     1 

District 

19 

Concord 

Ward  G     1 

District 

20 

Concord 

Ward  H     1 

District 

21 

Concord 

At-large   5 

Amend  section  8  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

8  Offices  Abolished;  New  Appointments. 
The  offices  of  the  moderator,  ward  clerks 
and  supervisors  of  presently  constituted 
wards  1  through  8,  inclusive,  are  abolished 
as  of  April  8,  1982.  The  city  council 
shall,  by  vote  of  at  least  8  members, 
appoint  a  moderator,  ward  clerk  and  3 
supervisors  for  the  new  wards  A  through  H 
inclusive,  who  shall  hold  office  until  the 
election  and  qualification  of  their 
successors  at  the  municipal  election  in 
1983.  At  the  1983  municipal  election,  each 
ward  shall  elect  one  supervisor  for  a  2  year 
term,  one  supervisor  for  a  4  year  term  cind 
one  supervisor  for  a  6  year  term. 
Thereafter,  all  supervisors  shall  be  elected 
for  a  full  term  as  provided  by  state  law. 

Amend  the  bill  by  striking  out  all  after 
section  10  and  inserting  in  place  thereof 
the  following: 

11  State  Party  Convention  Delegates. 
Amend  RSA  662:6,  VII  (supp)  as  inserted  by 
1979,  436:1  by  striking  out  the  delegates 
for  Concord  and  inserting  in  place  there  of 
the  following: 


Concord 

Ward  A 

2 

Concord 

Ward  B 

2 

Concord 

Ward  C 

2 

Concord 

Ward  D 

2 

Concord 

Ward  E 

2 

Concord 

Ward  F 

2 

Concord 

Ward  G 

2 

Concord 

Ward  H 

2 

12  Referendum.   This  act  shall  not  take 
effect  unless  it  is  adopted  by  majority  vote 
at  the  special  municipal  election  to  be  held 
in  the  city  of  Concord  in  1982,  as 
hereinafter  provided.  The  city  clerk  then 
in  office  shall  cause  to  be  placed  on  the 
special  election  ballot  the  following 
question:   "Do  you  approve  the  provisions  of 
an  act  entitled,  'An  Act  establishing  the 
ward  lines  for  the  city  of  Concord  and 
amending  the  charter  of  said  city'  passed  at 
the  1982  special  session  of  the  general 
court,  which  would  redivide  the  city  into  8 
wards  of  substantially  equal  population,  and 
would  provide  that  each  ward  elect  one 
representative  to  the  general  court  with  the 
city  as  a  whole  electing  5  representatives 
at  large  to  the  general  court?"  Said 
question  shall  be  printed  in  the  form 
prescribed  by  RSA  656:13.   If  the  majority 
of  those  voting  on  the  question  vote  in  the 
affirmative,  this  act  shall  be  declared  to 
have  been  adopted.   The  city  clerk  shall, 
within  10  days  after  said  election,  certify 
the  result  of  the  vote  on  the  above  question 
to  the  secretary  of  state. 

13  Effective  Date.  The  provisions  of 
section  12  shall  take  effect  upon  the 
passage  of  this  act.   If  the  provisions  of 
this  act  are  adopted  in  accordance  with  the 
provisions  of  section  12,  the  remaining 
provisions  of  this  act  shall  take  effect  7 
days  after  the  election  except  that  if  HB  2 
of  the  1982  special  session.  An  Act 
reapportioning  the  house  of  representatives 
and  delegates  to  the  state  convention  does 
not  become  law,  sections  3,  4  and  11  of  this 
act  shall  not  take  effect. 

Amendment  adopted. 

Rep.  Gerald  Smith  offered  ain  amendment. 

Amendment 

Amend  section  3  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

3  Representatives.      Until  a  new  census 
shall  be  taken   by  authority  of  this  state  or 
of  the  United  States,    the  city  of  Concord 
shall  be  entitled   to   13  representatives  to 
the  general  court.      Each  ward   shall  elect 
one   representative,    and  each  2  wards  in 
alphabetical  order  together  shall  elect  one 
representative  who   is  a  resident  of  either 
ward,   and  one   representative  shall  be 
elected  at-large   from  the  city  of  Concord. 

Amend  section  4  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

4  Representation   in  General  Court. 
Amend  RSA  662:5,   VII   (supp)   as  inserted   by 
T9T9,   436:1   by  strtfcing  ont  the  districts 
for  Concord,    being   14   to  21,    inclusive,    and 
inserting  in  place   thereof  the   following: 


District  13 
District  14 
District  15 
District  16 
District  17 
District  18 
District  19 
District  20 
District  21 


Concord 
Concord 
Concord 
Concord 
Concord 
Concord 
Concord 
Concord 
Concord 


Ward  A 
Ward  B 
Wards  A  & 
Ward  C 
Ward  D 
Wards  C  & 
Ward  E 
Ward  F 
Wards  E 


&   F 


HOUSE  JOURNAL  25FEB82 


485 


District  22 
District  23 
District  24 
District  25 


Concord  Ward  G      1 

Concord  Ward  H      1 

Concord  Wards  G  &  H  1 

Concord  At-large    1 


Amend  section  8  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

8  Offices  Abolished;  New  Appointments. 
The  offices  of  the  moderator,  ward  clerk  and 
supervisors  of  presently  constituted  ward  5 
are  abolished  on  the  passage  of  this  act. 
The  city  council  shall  by  vote  of  at  least  8 
members  appoint  a  moderator,  ward  clerk  and 
three  supervisors  for  the  new  ward  B  who 
shall  hold  office  until  the  election  and 
qualification  of  their  successors  in  the 
city  election  in  1983.  The  duly  elected 
officials  of  any  ward  who  are  residents  of 
an  area  which  by  the  passage  of  this  act,  is 
annexed  to  another  ward  may  continue  to  hold 
office  for  the  term  of  which  they  were 
elected,  except  for  any  offices  abolished  by 
this  act;  provided,  however,  any  such 
official  shall  not  be  allowed  to  be  a 
candidate  to  succeed  himself  at  the  next 
election  following  the  passage  of  this  act. 

Amend  the  bill  by  striking  out  all  after 
section  10  and  inserting  in  place  thereof 
the  following: 

11  State  Party  Convention  Delegates. 
Amend  RSA  662:6,  VII  (supp)  as  inserted  by 
1979,  436:1  by  striking  out  the  delegates 
for  Concord  and  inserting  in  place  there  of 
the  following: 


Concord 

Ward  A 

2 

Concord 

Ward  B 

2 

Concord 

Ward  C 

2 

Concord 

Ward  D 

2 

Concord 

Ward  E 

2 

Concord 

Ward  F 

2 

Concord 

Ward  G 

2 

Concord 

Ward  H 

2 

12  Referendum.  This  act  shall  not  take 
effect  unless  it  is  adopted  by  majority  vote 
at  the  special  municipal  election  to  be  held 
in  the  city  of  Concord  in  1982,  as 
hereinafter  provided.  The  city  clerk  then 
in  office  shall  cause  to  be  placed  on  the 
special  election  ballot  the  following 
question:   "Do  you  approve  the  provisions  of 
an  act  entitled,  'An  Act  establishing  the 
ward  lines  for  the  city  of  Concord  and 
amending  the  charter  of  said  city'  passed  at 
the  1982  special  session  of  the  general 
court,  which  would  redivide  the  city  into  to 
8  wards  of  substantially  equal  population 
and  would  provide  that  each  ward  elected  one 
representative  and  each  2  wards  together 
would  elect  one  representative  to  the 
general  court  with  the  city  as  a  whole 
electing  one  representative  at  large  to  the 
general  court?"  Said  question  shall  be 
printed  in  the  form  prescribed  by  RSA 
656:13.  If  the  majority  of  those  voting  on 
the  question  vote  in  the  affirmative,  this 
act  shall  be  declared  to  have  been  adopted. 
The  city  clerk  shall,  within  10  days  after 
said  election,  certify  the  result  of  the 
vote  on  the  above  question  to  the  secretary 
of  state. 


13  Effective  Date.  The  provisions  of 
section  12  shall  take  effect  upon  the 
passage  of  this  act.   If  the  provisions  of 
this  act  are  adopted  in  accordance  with  the 
provisions  of  section  12,  the  remaining 
provisions  of  this  act  shall  take  effect  7 
days  after  the  election  except  that  if  HB  2 
of  the  1982  special  session.  An  Act 
reapportioning  the  house  of  representatives 
and  delegates  to  the  state  convention  does 
not  become  law,  sections  3,  4  and  11  of  this 
act  shall  not  take  effect. 

Rep.  Gerald  Smith  spoke  to  his  amendment. 

Reps.  Randall,  Carroll  and  Chase  spcke 
against  the  amendment  and  yielded  to 
questions. 

Reps.  Wiviott,  Milton  Gate  and  Hanus 
spoke  in  favor  of  the  amendment  and  yielded 
to  questions. 

Rep.  Gerald  Smith  requested  a  roll 
call.  Sufficiently  seconded. 

(Speaker  presiding) 

YEAS   101   NAYS  198 

YEAS   101 

BELKNAP:  Lamprey  and  Rollins. 

CARROLL:  Dickinson  and  Heath. 

CHESHIRE:  Baybutt,  Crane,  Lane,  Miller, 
Scranton  and  Jean  White. 

COOS:  Beaulac,  Brungot,  Bums,  Chappell, 
Chardon,  Horton,  Langley,  George  Lemire, 
Wiswell  and  York. 


GRAFTON: 
Melendy. 


Nelson  Chamberlin,  Driscoll  and 


HILLSBOROUGH:  Richard  Ahern,  Ainley,  Baker, 
Bosse,  Bridgewater,  Carswell,  William  Dion, 
Richard  Galway,  Sal  Grasso,  Kashulines, 
Kizala,  Labombarde,  Leclerc,  Lefebvre, 
Roland  Lemire,  Madigan,  Mazur,  McGlynn, 
Messier,  Norman  Packard,  Aime  Paradis, 
Pariseau,  Record,  William  Russell,  Silva,  B. 
P.  Smith,  Leonard  Smith,  Tamposi,  Turgeon, 
Wallace,  Ware,  Emma  Wheeler  and  Kenneth 
Wheeler. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  John 
Gate,  Milton  Gate,  Hanus,  Kidder,  Lewis, 
Nichols,  Parker,  William  Roberts,  Gerald 
Smith,  Stio  and  Wiviott. 

ROCKINGHAM:   Burdlck,  Butler,  Espinola, 
Felch,  Thomas  Gage,  Greene,  Hoar,  Roger 
King,  Krasker,  Joseph  MacDonald,  Pevear, 
Quimby,  Shurtleff,  Skinner,  Stimmell,  Sytek, 
Vartanian  and  Wo If sen. 

STRAFFORD:  Appleby,  Blouln,  Chagnon,  James 
Chamberlin,  Albert  Dionne,  Kincaid, 
Pageotte,  Donald  Smith  and  Franklin  Torr. 

SULLIVAN:  Brodeur,  D'Amante,  Gordon  Flint, 
Palmer  and  Spaulding. 

NAYS  1 98 

BELKNAP:  Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Hildreth, 
Holbrook,  Christina  O'Neill,  Pearson, 
Randall,  Rich  and  Zeckhausen. 


486 


HOUSE  JOURNAL  25FEB82 


CARROLL:   Allen,  Chase,  Keller,  Kenneth 
MacDonald  and  Kenneth  Smith. 

CHESHIRE:   Jesse  Davis,  Daniel  Eaton, 
Eisengrein,  Ernst,  Gordon,  Moore,  O'Connor, 
Perry,  Proctor,  Rouillard  and  Patricia 
Russell. 


COMMITTEE  OF  CONFERENCE  REPORT 

HB  20,  relative  to  minimum  mandatory 
sentences  for  driving  while  intoxicated  and 
relative  to  the  parole,  sentencing  and 
credit  for  good  conduct  of  prisoners. 
(Printed  SJ  4/8) 


COOS:   Brideau,  Richard  Demers,  Lawrence 
Guay,  Mayhew,  Oleson,  Theriault  and  Valliere. 

GRAFTON:   Buckman,  Chambers,  Christy,  Clark, 
Copenhaver,  Crory,  Hammond,  Michael  King, 
Logan,  Lynde,  Mann,  Mansfield,  Pepitone, 
Rounds,  Seely,  Taffe,  Glyneta  Thomson, 
Walter  and  Roger  Wood. 

HILLSBOROUGH:   Debora  Ahern,  Ahlgren, 
Ahrens,  Amidon,  Arnold,  Burkush,  Carpenter, 
Carragher,  Charpentier,  Cronin,  Crotty, 
Donovan,  Duval,  Joseph  Eaton,  Ford,  Gagnon, 
Gelinas,  Granger,  Hall,  Heald,  Healy,  Horan, 
Howard  Humphrey,  Katsiaficas,  Keefe,  Knight, 
Lamy,  Lawrence,  Levesque,  Martineau,  Howard 
Mason,  Milton  Meyers,  Mulligan,  Murray, 
Naro,  Nemzoff,  George  Papadopoulos,  Pastor, 
Peters,  Plomaritis,  Maureen  Raiche,  Robie, 
G.  Philip  Rodgers,  Roy,  Sallada,  Edward 
Smith,  Soucy,  Spirou,  Steiner,  Stone,  James 
Sullivan,  Mary  Sullivan,  Sweeney,  Vachon, 
Van  Loan,  Watson,  Bernice  Welch,  James  J. 
White,  M.  Arnold  Wight,  Winn  and  Zajdel. 

MERRIMACK:   Bellerose,  Bowes,  Brady, 
Carroll,  Daniell,  Degnan,  Locke,  James 
O'Neill,  David  Packard,  Paire,  Margaret 
Roberts,  Savaria,  Stark,  Lawrence  Sullivan, 
Trachy,  Rick  Trombly,  Mary  Jane  Wallner, 
James  Whittemore  and  Zimmerman. 

ROCKINGHAM:  Benton,  William  Boucher, 
Cahill,  Marilyn  Campbell,  Camuso,  Carpenito, 
Connors,  Cote,  Day,  Downing,  Ellyson, 
Flanagan,  Kenneth  Gould,  Selma  Gould, 
Hollingworth,  John  Hynes,  Kelley,  Kozacka, 
Leslie,  Lockhart,  LoFranco,  Lovejoy,  Mace, 
Robert  Mason,  Norman  Myers,  Nevins,  Newell, 
Osbom,  Romoli,  Scamman,  Sohmidtchen, 
Schwaner,  Splaine,  Tavitian,  John  Walker, 
Warburton,  Raymond  Wood  and  Woodman. 

STRAFFORD:   Belhumeur,  Bernard,  Bickford, 
Bouchard,  Brown,  James  Demers, 
Demetracopoulos,  Phyllis  DeNafio,  Teresa 
DeNafio,  Donnelly,  Drew,  Gauvin,  Maglaras, 
Meader,  Sackett,  Schreiber  and  Whitehead. 

SULLIVAN:  David  Campbell,  Cutting,  Forrest, 
Leonard  Gray,  Ingram,  LeBrun,  Quinlan  and 
Townsend,  and  the  amendment  lost. 

Rep.  Glyneta  Thomson  notified  the  Clerk 
that  she  Inadvertently  voted  nay  and  meant 
to  vote  yea. 

Question  being  on  the  comnlttee  report. 

Ordered  to  third  reading. 

SB  2,  reapportioning  the  executive 
council  districts.  Ought  to  Pass. 

This  bill  establishes  new  councilor 
districts  based  on  the  federal  decennial 
census.   Vote  17-0.  Rep.  Russell  C. 
Chase  for  Reapportionment. 

Ordered  to  third  reading. 


Report   adopted. 

ENROLLED  BILLS   AMENDMENTS 

HB  21,    relative  to  agricultural  vehicle 
registrations,    OHRV's  and  competitive 
bicycle  and  moped   races. 

Amendment 


Amend  RSA  215-A:29 
section  2  of  the   bill 
and   inserting  in  place 

than  16,  years  of 
OHRV   if  one   of  the    fol 

Amend  RSA  265:78  a 
3  of  the  bill  by  strik 
inserting  in  place  the 

class  III  highway 
state-maintained  part 
highway. 


,   V  as   inserted  by 
by  striking  out  line  2 
thereof  the   following: 
age  may  operate  an 
lowing 

s   inserted  by  section 
ing  out   line  3  and 
reof  the   following: 
or   on   the 
of  any  class  II 


This  amendment  corrects  one  grammatical 
error  and  one  error   in  punctuation. 
Adopted. 

HB  33,    relative  to   the   regional  disposal 
districts. 

Amendment 

Amend  RSA  53-B:6,  I  as  inserted  by 

section  1  of  the  bill  by  striking  out  lines 

9-11  and  inserting  in  place  thereof  the 
following: 

recommendation.   In  the  case  of  either  a 
town  or  city,  the  question  to  be  voted  on 
shall  be:   "Shall  the  city  (town)  accept  the 
provisions  of  RSA  53-B:1  to  11  inclusive 
providing  for  the  establishment  of  a 
regional  refuse. 

Amend  RSA  53-B:7-b  as  inserted  by 
section  2  of  the  bill  by  striking  out  lines 
10-11  and  inserting  in  place  thereof  the 
following; 

need  not  be,  the  full  faith  and  credit 
obligation  of  the  district,  provided  that 
bonds  or  notes  which  are  not  full  faith  and 
credit  obligation  of 

This  amendment  corrects  a  typographical 
error,  a  numbering  error  relating  to  the 
chapter,  and  errors  in  punctuation. 

Adopted . 

HB  13.  relative  to  the  exclusion  of 
automobile  dealers  and  manufacturers  from 
regulation  as  insurance  companies. 

Amendment 

Amend  RSA  407-A:1,  1(a)  as  inserted  by 
section  1  of  the  bill  by  striking  out  line 
one  and  inserting  in  place  thereof  the 
following: 


HOUSE  JOURNAL  25FEB82 


487 


(a)  Contracts  made  by  dealers  in  or 
manufacturers  of  the  vehicle 

Amend  RSA  407-A:1,  1(c)(1)  as  inserted 
by  section  1  of  the  bill  by  striking  out 
line  U  and  inserting  in  place  thereof  the 
following: 

"document"  shall  not  include  advertising  in 
newspapers,  magazines, 

This  amendment  corrects  one  error  in 
punctuation  and  one  typographical  error. 
Adopted. 

HB  16,  allowing  local  assessing 
officials  to  elect  not  to  use  the  inventory 
form. 

Amendment 

Amend  RSA  74:4-3,  I  as  inserted  by 
section  1  of  the  bill  by  striking  out  line  5 
and  inserting  in  place  thereof  the  following: 
relating  to  the  inventory  form,  including 
the  requirement  of  filing  an 

Amend  RSA  7t:4-a,  II  as  inserted  by 
section  1  of  the  bill  by  striking  out  line  3 
and  inserting  in  place  thereof  the  following: 
its  decision  affecting  the  following  filing 
period. 

This  amendment  corrects  one  grammatical 
error  and  one  error  in  punctuation. 
Adopted. 

SB  H,    relative  to  competitive  bidding 
and  other  procedures  for  major  state 
projects. 

Amendment 

Amend  section  1  of  the  bill  by  striking 
out  lines  1,  2  and  3  and  inserting  in  place 
thereof  the  following: 

1   Water  Resources  Board  Projects. 
Amend  RSA  228:4,  1(c)  (supp)  as  inserted  by 
1981,  87:1  as  amended  by  striking  out  said 
subparagraph  and  inserting  in  place  there  of 
the  following: 

This  amendment  corrects  a  typographical 
error  and  an  error  in  amending  language. 
Adopted. 

SB  6,  authorizing  the  financing  of 
health  maintenance  organizations. 

Amendment 

Amend  RSA  195-D:3,  11(b)  as  inserted  by 
section  2  of  the  bill  by  striking  out  lines 
3  and  4  and  Inserting  In  place  thereof  ttie 
following: 

organization,  or  other  health  care  facility, 
laboratory,  laundry,  nurses'  or  interns' 
residence  or  other  multi-unit  housing 
facility  for  staff, 

Amend  section  7  of  the  bill  by  striking 
out  line  2  and  inserting  In  place  thereof 
the  following: 

1(e)  (supp)  as  inserted  by  1971,  198:12  as 
amended  by  striking  out  said 


Amend  section  8  of  the  bill  by  striking 
out  line  2  and  inserting  in  place  thereof 
the  following: 

1971,  198:12  as  amended  by  striking  out  said 
subparagraph  and  inserting  in 

This  amendment  corrects  punctuation 
errors  and  the  second  and  third  amendments 
correct  errors  in  the  amending  language. 

Adopted. 

SB  10,  establishing  a  dam  maintenance 
fund  for  the  repair  and  reconstruction  of 
state-owned   dams. 

Amendment 

Amend  section  1  of  the  bill  by  striking 
out  line  2  and  inserting  in  place  thereof 
the  following: 
following  new  subdivision: 

Dam  Maintenance 

Amend  section  4  of  the  bill  by  striking 
out  line  1  and  inserting  in  place  thereof 
the  following: 

4  Repeal.  RSA  270:5,  Vll(a)  relative  to  a 
special  fund  for  the  repair  and 

The  first  amendment  inserts  a 
subdivision  heading  where  appropriate  and 
the  second  amendment  corrects  an  incorrect 
reference. 

Adopted. 

ENROLLED  BILLS  REPORT 

SB  9,  relative  to  the  sale  of  unvented 
space  heaters. 

SB  12,  correcting  an  omission  in  the 
domestic  violence  law  revision  and  relative 
to  the  right  to  recovery  of  expenses  from 
the  settlement  oommunity  of  the  parents  of  a 
delinquent  child,  neglected  child  or  child 
in  need  of  services. 

HB  29,  relative  to  county  escheat  funds. 

HB  35,  making  changes  in  the  certificate 
of  need  law  -  RSA  151-C. 

HB  42,  relative  to  low  income  energy 
assistance  and  community  services  block 
grant. 

HB  14,  relative  to  the  nurses 
registration  board. 

Rep.  Nancy  Baybutt 
Sen.  Laurier  Lamontagne 
For  the  Committee. 

Reps.  French  and  Spirou  moved  that  the 
House  now  adjourn  from  the  early  session, 
that  the  business  of  the  late  session  be  in 
order  at  the  present  time,  that  the  reading 
of  bills  be  by  title  only  and  resolutions  by 
caption  only  and  that  all  bills  ordered  to 
third  reading  be  read  a  third  time  by  this 
resolution,  and  that  all  titles  of  bills  be 
the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  and  when  the  House 
adjourn  today  it  be  to  meet  at  the  call  of 
the  Chair. 

Adopted. 


488 


HOUSE  JOURNAL  25FEB82 


UTE  SESSION 
Third  reading  and  final  passage 

HB  36-FN,  requiring  the  public  utilities 
commission  to  have  an  independent  risk 
analysis  study  and  a  separate  economic 
analysis  study  conducted  for  the  Seabrook 
nuclear  power  plant. 

SB  IH-FN,  relative  to  amending  the 
operating  budget. 

SB  22-FTJ,  to  provide  workmen's 
compensation  benefits  to  certain  persons'  who 
assist  in  search  and  rescue  missions. 

SB  15,  relative  to  the  assessment  of  the 
land  use  change  tax. 

SB  7,  relative  to  the  illegal  purchase 
of  alcoholic  beverages  by  minors  and 
licensee  and  permittee  violation  of  liquor 
commission  rules. 

HB  39,  establishing  the  ward  lines  in 
the  city  of  Concord  and  amending  the  charter 
of  said  city. 

SB  2,  reapportioning  the  executive 
council  districts. 

Rep.  Baybutt  moved  that  the  House  stand 
in  recess  for  the  purpose  of  Introduction  of 
Bills  and  Enrolling  Reports  only. 

Adopted. 

RECESS 

(Rep.  Baybutt   in  the  Chair) 

ENROLLED  BILLS  REPORT 

HB  13,    relative  to   the  exclusion  of 
automobile  dealers  and  manufacturers   from 
regulation  as  insurance  companies. 

HB  16,   allowing  local  assessing 
officials  to  elect  not  to  use  the   inventory 
form. 

HB  21,    relative   to  agricultural  vehicle 
registrations,    OHRV's  and  competitive 
bicycle  sind  moped  races. 

HB  33,    relative  to   the   regional  disposal 
districts. 

SB  2,    reapportioning  the  executive 
council  districts. 

SB  4,    relative  to  competitive  bidding 
and  other  procedures  for  major  state 
projects. 

SB  6,   authorizing  the   financing  of 
health  maintenance  organizations. 

SB  10,  establishing  a  dam  maintenance 
fund  for  the  repair  and  reconstruction  of 
state-owned   dams. 

SB   14,    relative  to  sunset   review  of  the 
liquor  commission  -  administration  and 
making  an  appropriation  therefor. 

SB  22,    to  provide  workmen's  compensation 
benefits  to  certain  persons  who  assist   in 
search  and   rescue  missions. 

Rep.  Beverly  tSage 

Sen.   Laurier  Lamontagne 

For  the  Committee. 

RECESS 

(Rep.  Parr  in  the  Chair) 

ENROLLED  BILLS  AMENDMENTS 


Amendment 

Amend  section  6  of  the  bill  by  striking 
out  lines  2,  3  and  4  and  inserting  in  place 
thereof  the  following: 

striking  out  in  line  2  the  words 
"presidential  elector"  and  by  inserting  in 
line  3  after  the  word  "officer"  the 
following  (,  who  has  expenditures  exceeding 
$500)  so  that  said  section  as  amended  shall 
read  as  follows : 

Amend  RSA  664:7  as  inserted  by  section  6 
of  the  bill  by  striking  out  line  3  and 
inserting  in  place  thereof  the  following: 

court,  or  county  officer,  who  has 
expenditures  exceeding  $500, 

The  first  amendment  corrects  an  error  in 
the  amending  language  and  the  second 
amendment  brings  the  text  of  the  section 
into  agreement  with  the  amending  language. 

Adopted, 

HB  8,  relative  to  the  real  estate 
commission  and  the  board  of  barbering  and 
cosmetology. 

Amendment 

Amend  RSA  331-A:4-b,  IX  as  inserted  by 
section  5  of  the  bill  by  striking  out  line  2 
and  inserting  in  place  thereof  the  following: 

renewa 1 ; 

This  amendment  corrects  an  error  in  the 
grammatical  construction  of  the  paragraphs 
in  this  section  of  the  bill. 

Adopted. 

RECESS 

(Rep.  LaMott  in  the  Chair) 

INTRODUCTION  OF  GUESTS 

Students  from  Winnacunnet  High  School, 
guests  of  Rep.  Hollingworth. 

ENROLLED  BILLS  REPORT 

HB  5,  relative  to  political  expenditures 
and  contributions. 

HB  8,  relative  to  the  real  estate 

commission  and  the  board  of  barbering  and 
cosmetology. 

Rep.  Paul  G.  Meader 

Sen.  Laurier  Lamontagne 
For  the  Committee. 

RECESS 

(Speaker  in  the  Chair) 

Rep.  French  moved  that  the  House  adjourn. 
Adopted. 


HB  5,  relative  to  political  expenditures 
and  contributions. 


489 


HOUSE 
JOURNAL  9 

Thursday  8Apr82 


The  House  assembled  at  1:00  p.m.,  and 
was  called  to  order  by  the  Speaker. 

Prayer  was  offered  by  the  House 
Chaplain,  Rev.  William  L.  Quirk. 

Let  us  Pray: 

Almighty  Father  in  heaven,  we  ask  that 
You  let  Your  face  shine  on  all  of  us 
gathered  in  Your  name.  May  Your  blessings 
promised  to  the  compassionate  descend  in 
abundance  on  all  of  us. 

In  the  spirit  of  this  season  may  You 
renew  us  all  with  a  life  filled  with 
understanding  and  peace.  Give  to  each  of  us 
true  friends  to  stand  by  us  in  joy  and  in 
sorrow. 

Direct  all  our  actions  this  day  by  Your 
holy  inspiration,  carry  them  on  by  Your 
gracious  assistance,  so  that  everything  we 
accomplish  may  begin  with  You  and  by  You  be 
happily  ended.  Amen. 

Rep.  Theriault  led  the  Pledge  of 
Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  Myrl  Eaton,  Jean  White,  Hickey, 
Howard,  Brack,  Teresa  DeNafio,  Winn,  Downing 
and  Cotton,  the  day,  illness. 

Reps.  Snell,  William  Riley,  Rich, 
Donnelly,  Raymond  Wood,  Willey,  Steiner, 
Pepitone,  Chappell,  Wiswell,  Dolbec,  Milton 
Meyers,  Walker,  Glyneta  Thomson,  Rayno, 
Mooradian,  Bernard,  Bouchard,  Anita  Flynn, 
Woodman,  Phyllis  DeNafio,  Camuso,  Belhumeur, 
Drew,  Morse,  Ward,  Gelinas,  Daniel  Eaton, 
Schwaner,  Bernice  Welch,  Wojnowski, 
Christina  O'Neill,  Felch,  Roy,  Lawrence, 
James  Hardy,  Lynde,  Osborn  and  Scamman,  the 
day,  important  business. 

Reps.  Krasker,  Sanders,  Nemzoff  and 
Abrams,  thd  day,  religious  holiday. 

Rep.  Holmes  offered  the  following: 

HOUSE  RESOLUTION  NO.  11 

eomnrendtng  the  5tPJVt\  Bomb  Wing. 

WHEREAS,  the  U.  S.  Air  Force  Strategic 
Air  Command  annually  conducts  competitive 
effectiveness  programs  in  bombing  and 
navigation,  and 

WHEREAS,  the  509th  Bomb  Wing,  based  at 
Pease  Air  Force  Base,  was  represented  by 
FB-111  crews  S-01  and  S-01  composed  of 
aircraft  commanders  Major  Jack  Pledger, 
Captain  John  Minton;  radar  navigators 
Captains  Dutch  Rauschenbach  and  Al  Falcione, 


and  KC-135  Tanker  crews  S-100  and  S-120 
manned  by  pilots  Majors  Robert  Plebanek  and 
Mark  Willey,  co-pilots  Captain  Mark  Gilliam 
and  1st  Lieutenant  James  Pennekamp, 
navigators  Captains  Philip  Pontier  and  Carl 
Roediger  aind  boom  operators  Tech.  Sergeant 
Larry  Strong  and  Sergeant  Charles  Curreri, 
and 

WHEREAS,  the  Pease  units,  preparing  and 
executing  their  maximum  resources  in 
demonstration  of  their  professionalism, 
garnered  an  effectiveness  rating  of  SifOS, 
some  400  greater  than  their  closest 
challenger,  in  capturing  the  coveted 
Fairchild  Trophy,  and 

WHEREAS,  the  Pease  crews  also  vron  the 
Mathis  Trophy  for  most  points  in  both  high 
and  low  level  bombings,  the  Meyer  Trophy  for 
the  highest  damage  expectancy  rating,  and 
the  LeMay  Trophy  for  the  bomber  crew 
compiling  the  most  points  in  the 
competition,  and 

WHEREAS,  the  House  notes  with  deep  pride 
that  Major  Willey  is  a  New  Hampshire  native 
and  resident  of  Boscawen,  now  therefore  be  it 

RESOLVED,  by  the  House  of 
Representatives  in  Special  Session 
assembled,  that  congratulations  be  extended 
to  the  509th  Bomb  Wing,  its  commanding 
officer.  Colonel  John  A.  Dramesi,  on  the 
achievements  by  the  aforementioned  crews  and 
the  excellent  performance  of  the  fifty-one 
maintenance  specialists. 

The  Assistant  Clerk  read  the  resolution. 
Adopted  unanimously. 

The  Speaker  introduced  Captain  Dutch 
Rauschenbach,  Captain  John  Minton,  Captain 
Al  Falcione,  Captain  Mark  Gilliam,  Captain 
Philip  Pontier,  Major  Mark  Willey,  1st  Lt. 
James  Pennekamp,  Sgt.  Charles  Curreri,  Col. 
Neil  W.  West,  Lt.  Col.  William  Slauson, 
Captain  Rocky  Latino,  Sgt.  Lynch  and  Sgt. 
Smith,  members  of  the  bomber  crew. 

INTRODUCTION  OF  GUESTS 

Matthew  Locke,  guest  of  Rep.  Rollins; 
Virginia,  Carol,  Kristin  and  Gillian  Rand, 
guests  of  Rep.  Rand;  Jimmy  Longo,  guest  of 
Rep.  Espinola;  Mr.  and  Mrs.  Harry  Gibbons 
from  New  York,  guests  of  Reps.  Emma  and 
Kenneth  Wheeler. 

RESIGNATION 

Honorable  John  B.  Tucker 
Speaker  of  the  House 

Dear  Mr.  Speaker: 

With  regret,  I  ht.'eby  submit  ray 

resignation  from  the  o'fi  ,e  of 

Hepresentative  to  the  General  Court  from 

Belknap  County,  District  No.  6. 

I  look  forward  to  vrorking  with  you  and 

other  members  of  the  Legislature  in  my  new 

rolo. 

Yours  truly. 

Rep.  Peter  C.  Hildreth 

UNANIMOUS  CONSENT 

Rep.  Splrou  addressed  the  House  by 
unanimous  consent. 


490 


HOUSE  JOURNAL  8APR82 


Thank   you  Mr.    Speaker. 

I  know  it   is  not  traditional  for 
somebody   to   stand   up  and   say  anything  on   the 
resignation  of  a  member   but,    Peter  Hildreth, 
being  a  member  of  the  Democratic  Leadership, 
a   personal   friend   and   I   think   a  very 
contributing  member  of  the  House  of 
Representatives,    leaves  a  big  void   in  the 
ranks  of  the  Democratic  Leadership. 

I  just  want   to  wish  him  on  behalf  of  the 
Democratic  Leadership,    and   I'm  sure   all 
those  of  the  Majority  party,    that  Peter   in 
his  new  role  in  representing  the  State 
Employees  Association,   Godspeed  and   the   best 
of  luck   to  him.     The  young  person  who  has 
really  moved   up,    worked   hard   and   really 
deserves  everything  that   the  world  can 
provide  him  with.      I  wish  him  the  very  best 
when  he  goes   to  take  the  exam  for  his   law 
degree  next  month. 

Hearing  no  objection,    the  Speaker 
directed   the  Clerk   to  print  Rep.   Spirou's 
remarks   in  the  Journal. 


Rep.   Benton  moved   that  SB  9  be  laid  upon 
the   table. 

Rep.   Parr  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS      139     NAYS      140 

YEAS     1 39 

BELKNAP:   Bolduc,  Bowler,  Gary  Dionne, 
Holbrook  and  Rollins. 

CARROLL:   Barringer  and  Chase. 

CHESHIRE:   Jesse  Davis,  Robert  Galloway, 
Matson,  O'Connor,  Perry,  Proctor,  Rouillard 
and  Patricia  Russell. 

COOS:   Beau lac,  Brideau,  Richard  Demers, 
George  Lemire,  Theriault  and  York. 

GRAFTON:   Nelson  Chamberlin,  Copenhaver, 
Crory,  Logan,  Mansfield,  Melendy,  Rounds  and 
Roger  Wood. 


SUSPENSION  OF  RULES 

Rep.  James  Demers  moved  that  the  rules 
be  so  far  suspended  as  to  permit  the 
introduction  and  referral  to  committee  of  a 
House  Bill  relative  to  election  of 
representatives  to  the  general  court  from 
Dover. 

Rep.  James  Demers  spoke  to  his  motion. 
Rep.  Chase  spoke  in  favor  of  the  motion. 
Adopted  by  the  necessary  two-thirds. 

Rep.  French  offered  the  following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk,  House 
Bill  numbered  43,   shall  be  by  this 
resolution  read  a  f4.rst  and  second  time  by 
the  therein  listed  title,  sent  for  printing, 
and  referred  to  the  therein  designated 
committee. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILL 
First,  second  reading  and  referral 

HB  43,  relative  to  election  of 
representatives  to  the  general  court  from 
Dover.   (Demers  of  Strafford  Dist.  16  -  To 
Reapportionment ) 

SENATE  MESSAGES 

RECALLED  FROM  THE  GOVERNOR 

REQUESTS  CONCURRENCE  WITH  AMENDMENT 

SB  9,  relative  to  the  sale  of  unvented 
space  heaters,   (amendment  printed  SJ  4/81 

Rep.  M.  Arnold  Wight  moved  that  the 
House  concur  and  yielded  to  questions. 

Reps.  Baybutt  and  Spirou  spoke  in  favor 
of  the  motion. 

Rep.  Rouillard  spoke  against  the  motion. 

Rep.  M.  Arnold  Wight  spoke  in  favor  of 
his  motion  and  yielded  to  questions. 

Rep.  Rand  spoke  against  the  motion. 

Rep.  Parr  spoke  in  favor  of  the  motion. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 


HILLSBOROUGH:  Debora  Ahern,  Ahlgren, 
Ainley,  Burkush,  Carragher,  Casinghino, 
Coutermarsh,  William  Dion,  Duval,  Ford, 
Gagnon,  Richard  Galway,  Granger,  Hall, 
Hendrick,  Horan,  Kaklamanos,  Kashulines, 
Katsiaficas,  Keefe,  Kizala,  LaPierre, 
Levesque,  Madigan,  McGlynn,  Messier, 
Mulligan,  Nardi,  Naro,  Chris  Papadopoulos, 
Pariseau,  Pastor,  Peters,  Plomaritis,  Peter 
Ramsey,  Record,  William  Russell,  Edward 
Smith,  Leonard  Smith,  Stone,  Stylianos,  Mary 
Sullivan,  Van  Loan,  Vergas,  Ware,  Watson, 
Emma  Wheeler  and  Zajdel. 

MERRIMACK:  Bellerose,  Laurent  Boucher, 
Bowes,  Carroll,  Milton  Cate,  Dean,  Degnan, 
Holmes,  Kidder,  Lewis,  James  O'Neill,  David 
Packard,  Paire,  Stark,  Lawrence  Sullivan, 
Wiviott  and  Zimmerman. 

ROCKINGHAM:   Benton,  Blake,  Blanchette, 
Butler,  Carpenito,  Cote,  Day,  Ellyson, 
Flanagan,  Thomas  Gage,  Kenneth  Gould,  Selma 
Gould,  Hoar,  Hollingworth,  Kozacka,  Leslie, 
LoFranco,  Lovejoy,  Mace,  Pevear,  Rand, 
Myrtle  Rogers,  Splaine,  Stimmell,  Warburton, 
Christopher  Wood  and  Raymond  Wood. 

STRAFFORD:   Blouin,  Chagnon,  James 
Chamberlin,  James  Demers,  Demetracopoulos, 
Albert  Dionne,  Gauvin,  Schreiber,  Ralph  Torr 
and  Whitehead. 

SULLIVAN:   Brodeur,  Gordon  Flint,  Forrest, 
Sim  Gray,  Ingram,  LeBrun,  Palmer  and  Quinlan. 

NAYS  140 

BELKNAP:   Birch.  French,  Earrie  Hardy, 
Lamprey,  Pearson,  Randall,  David  Whittemore 
and  Zeokhausen. 

CARROLL:  Allen,  Dickinson,  Heath,  Keller, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:   Barber,  Baybutt,  Eisengrein, 
Ernst,  Gordon,  Lane,  Miller,  Margaret  Ramsay 
and  Soranton. 

COOS:  Brungot,  Bums,  Chardon,  Lawrence 
Guay,  Horton,  Langley  and  Oleson. 


HOUSE  JOURNAL  8APR82 


491 


GRAFTON:  Buckman,  Chambers,  Christy,  Clark, 
Driscoll,  Hammond,  LaMott,  Look,  Mann,  Taffe 
and  Walter. 

HILLSBOROUGH:   Richard  Ahern,  Ahrens, 
Amidon,  Arnold,  Baker,  Bosse,  Bridgewater, 
Carpenter,  Carswell,  Charpentier,  Craig, 
Cronin,  Donovan,  Duffett,  Joseph  Eaton,  Sal 
Grasso,  Head,  Howard  Humphrey,  Thomas  Hynes, 
Knight,  Labombarde,  Lefevbre,  Martineau, 
Howard  Mason,  Mazur,  Murray,  Norman  Packard, 
Aime  Paradis,  Maureen  Raiche,  Robie,  G. 
Philip  Rodgers,  Sallada,  Silva,  B.  P.  Smith, 
Soucy,  Spirou,  Tamposi,  Turgeon,  Vaohon, 
Wallace,  Kenneth  Wheeler,  James  J.  White  and 
M.  Arnold  Wight. 

MERRIMACK:   Bibbo,  Brady,  John  Gate, 
Daniell,  Hanus,  James  Humphrey,  Locke, 
Nichols,  Parker,  Margaret  Roberts,  William 
Roberts,  Savaria,  Gerald  Smith,  Stio, 
Underwood,  Mary  Jane  Wallner,  Waters,  Ashton 
Welch  and  James  Whittemore. 


MERRIMACK:   Bibbo,  Bowes,  John  Gate,  Milton 
Gate,  Daniell,  Hanus,  James  Humphrey,  Locke, 
Nichols,  David  Packard,  Parker,  Margaret 
Roberts,  William  Roberts,  Savaria,  Gerald 
Smith,  Stark,  Stio,  Underwood,  Mary  Jane 
Wallner,  Waters,  Ashton  Welch  and  James 
Whittemore. 

ROCKINGHAM:   Appel,  William  Boucher, 
Burdick,  Cahill,  Marilyn  Campbell,  Ellyson, 
Espinola,  Beverly  Gage,  Kelley,  Roger  King, 
Lockhart,  Robert  Mason,  Nevins,  Newell, 
Parr,  Quimby,  Read,  Schmidtchen,  Shurtleff, 
Skinner,  Stimmell,  Tavitian,  Vartanian, 
Vlack  and  Raymond  Wood. 

STRAFFORD:   Appleby,  Brown,  Creteau, 
Maglaras  and  Whitehead. 

SULLIVAN:   Ardinger,  D'Amante,  Leonard  Gray, 
Palmer,  Spaulding  and  Townsend. 

NAYS   148 


ROCKINGHAM:   Appel,  William  Boucher, 
Burdick,  Cahill,  Marilyn  Campbell,  Espinola, 
Flanders,  Beverly  Gage,  Greene,  Kane, 
Kelley,  Roger  King,  Lockhart,  Robert  Mason, 
Nevins,  Newell,  Parr,  Quimby,  Read, 
Schmidtchen,  Shurtleff,  Skinner,  Sytek, 
Tavitian,  Vartanian  and  Vlack. 

STRAFFORD:   Appleby,  Brown,  Creteau, 
Maglaras  and  Franklin  Torr. 

SULLIVAN:   Ardinger,  Cutting,  D'Amante, 
Leonard  Gray,  Spaulding  and  Townsend,  and 
the  motion  to  table  lost. 

Question  being  on  the  motion  to  concur 
with  the  Senate  amendment,  a  roll  call  was 
requested.  Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  133  NAYS  148 

YEAS  133 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Lamprey,  Pearson,  David  Whittemore  and 
Zeckhausen. 

CARROLL:  Dickinson,  Heath,  Keller,  Kenneth 
MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Eisengrein,  Ernst, 
Robert  Galloway,  Gordon,  Miller,  Moore  and 
Scranton. 

COOS:  Brungot,  Bums,  Chardon,  Richard 
Demers,  Lawrence  Guay  and  Langley. 

GRAFTON:   Buckman,  Nelson  Chamberlin, 
Chambers,  Christy,  Clark,  Driscoll,  LaMott, 
LocsR,  Mann,  Taffe  and  Walter. 

HILLSBOROUGH:   Richard  Ahern,  Ahrens, 
Amidon,  Bridgewater,  Carpenter,  Carragher, 
Carswell,  Charpentier,  Coutermarsh,  Cronin, 
Donovan,  Duffett,  Joseph  Eaton,  Richard 
Galway,  Sal  Grasso,  Head,  Howard  Humphrey, 
Keefe,  Knight,  Labombarde,  Lefebvre,  Howard 
Mason,  Mazur,  Murray,  Norman  Packard, 
Peters,  Robie,  G.  Philip  Rodgers,  Silva,  B. 
P.  Smith,  Leonard  Smith,  Soucy,  Spirou, 
Tamposi,  Turgeon,  Wallace,  Kenneth  Wheeler 
and  M.  Arnold  Wight. 


BELKNAP:  Bolduc,  Bowler,  Gary  Dionne, 
Holbrcok,  Randall  and  Rollins. 

CARROLL:  Allen,  Barringer  and  Chase. 

CHESHIRE:  Barber,  Jesse  Davis,  Lane, 
Matson,  O'Connor,  Perry,  Proctor,  Margaret 
Ramsay,  Rouillard  and  Patricia  Russell. 

COOS:  Beau  lac,  Brideau,  Horton,  George 
Lemire,  Oleson,  Theriault  and  York. 

GRAFTON:   Copenhaver,  Crory,  Hammond,  Logan, 
Mansfield,  Melendy,  Rounds  and  Roger  Wood. 

HILLSBOROUGH:   Debora  Ahern,  Ahlgren, 
Ainley,  Arnold,  Baker,  Bosse,  Burkush, 
Casinghino,  Craig,  William  Dion,  Duval, 
Ford,  Gagnon,  Granger,  Hall,  Hendrick, 
Horan,  Thomas  Hynes,  Kaklamanos,  Kashulines, 
Katsiaficas,  Kizala,  LaPierre,  Levesque, 
Madigan,  Martineau,  McGlynn,  Messier, 
Mulligan,  Nardi,  Naro,  Chris  Papadopoulos, 
Aime  Paradis,  Pariseau,  Pastor,  Plomaritis, 
Maureen  Raiche,  Peter  Ramsey,  Record, 
William  Russell,  Sallada,  Edward  Smith, 
Stone,  Stylianos,  Mary  Sullivain,  Vachon,  Van 
Loan,  Vergas,  Ware,  Watson,  Emma  Wheeler, 
James  J.  White  and  Zajdel. 

MERRIMACK:  Bellerose,  Laurent  Boucher, 
Brady,  Carroll,  Dean,  Degnan,  Holmes, 
Kidder,  Lewis,  James  O'Neill,  Paire, 
Lawrence  Sullivan,  Wivlott  and  Zimmerman. 

ROCKINGHAM:  Benton,  Blake,  Blanchette, 
Butler,  Carpenito,  Cote,  Day,  Flanagan, 
Flanders,  Thomas  Gage,  Kenneth  Gould,  Selma 
Gould,  Greene,  Hoar,  Hollingworth,  Kane, 
Kozacka,  Leslie,  LoFranco,  Lovejoy,  Mace, 
Pevear,  Rand,  Myrtle  Rogers,  Splaine,  Sytek, 
Warburton  and  Christopher  Wood. 

STRAFFORD:  Blouin,  Chagnon,  James 
Chamberlin,  James  Demers,  Demetracopoulos, 
Albert  Dionne,  Gauvin,  Sackett,  Schreiber, 
Franklin  Torr  and  Ralph  Torr. 

SULLIVAN:   Brodeur,  Cutting,  Gordon  Flint, 
Forrest,  Sim  Gray,  Ingham,  LeBrun  and 
Quinlan,  and  the  motion  lost. 


492 


HOUSE  JOURNAL  8APR82 


Rep.  M.  Arnold  Wight  moved  that  the 
House  nonconcur  with  the  Senate  amendment  to 
SB  9  and  request  a  Committee  of  Conference. 

Adopted. 

The  Speaker  appointed  Reps.  M.  Arnold 
Wight,  Leonard  Smith,  Eisengrein  and  Proctor. 

INTRODUCTION  OF  GUEST 

The  Speaker  introduced  United  States 
Senator  Alan  Cranston  from  California  who 
addressed  the  House  briefly. 

Rep.  William  Russell  offered  the 
following: 

RESOLVED,  that  in  accordance  with  the 
list  in  the  possession  of  the  clerk.  House 
Bill  numbered  44,  its  introduction  having 
been  approved  by  the  Rules  Committee,  shall 
be  by  this  resolution  read  a  first  and 
second  time  by  the  therein  listed  title, 
sent  for  printing,  and  referred  to  the 
therein  designated  committee. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILL 
First,  second  reading  and  referral 

HB  44,  allowing  cities  and  towns  to 
impose  additional  taxes.   (Spirou  of 
Hillsborough  Dist.  27;  Hickey  of  Cheshire 
Dist.  13;  Barber  of  Cheshire  Dist.  15; 
Chambers  of  Grafton  Dist.  13;  Proctor  of 
Cheshire  Dist.  14  -  To  Ways  suid  Means) 

COMMITTEE  REPORTS 
(Consent  Calendar) 

Rep.  French  moved  that  the  Consent 
Calendar  with  the  relevant  committee 
amendments  as  printed  in  the  day's  House 
Record  be  adopted. 

SB  16-FN,  relative  to  zoning  changes  to 
accommodate  manufactured  housing  and  the 
filling  of  vacancies  in  planning  board 
membership  was  removed  at  the  request  of 
Rep.  Leonard  Smith. 

Adopted. 

SB   19-FN,    relative  to  the  dates  for  the 
collection  of  taxes  in  the  city  of  Dover. 
Ought  to  Pass  with  Amendment. 

This  bill,    for  Dover,    creates  one 
transitional  1 8-month  accounting  period 
for  assessing  taxes   in  Dover,    which  runs 
from  January  1,    1982,    to  June  30,    198 3. 
The  accounting  period  applies  to   taxes 
assessed  on  April   1,    1982.     Taxes  for 
the   18-month  period  are   to  be  paid  in  3 
installments  rather  than  semi-annually, 
on  June   1,    1982,   December  1,    1982,    and 
Jtme  1,    ^3.     Taxes  assessed  on  April 
1,    1983,    and   in  all   following  years,   are 
due  and  payable  with  half  due   by 
Demcember  1   of  that  year  and  half  due   by 
June  of  the  next  year.     Vote   14-0.     Rep. 
Ernest  B.   Brown  for  Municipal  and  County 
Government . 

Amendment 

Amend  the  bill  by  striking  out  section 
one  and  inserting  in  place  thereof  the 
following: 


1  City  of  Dover.  Notwithstanding  any 
general  provisions  of  law,  the  collection  of 
taxes  in  the  city  of  Dover  shall  be  governed 
by  the  following  provisions: 

I.  Taxes  assessed  on  April  1, 
1982,  shall  be  assessed  for  a  single  18 
month  accounting  period  running  from  January 
1,  1982,  to  June  30,  1983.  The  city  shall 
budget  its  receipts  and  expenditures,  and 
raise  and  appropriate  revenues  on  the  basis 
of  the  single  18  month  period.  Taxes  for 
the  18  month  period  shall  be  paid  as  follows: 

(a)  On  June  1,  1982,  a 
payment  on  the  taxes  for  the  period  shall  be 
due  and  payable  which  shall  be  equal  to  1/2 
the  amount  of  taxes  paid  on  the  1981 
assessment,  if  any; 

(b)  A  second  payment  shall  be 
due  and  payable  on  or  before  December  1 , 

1982,  which  shall  be  equal  to  2/3  of  the 
assessment  made  for  April  1,  1982,  less  the 
amount  of  the  payment  due  June  1,  1982;  and 

(c)  The  balance  of  the  taxes 
due  on  the  then  current  assessment  shall  be 
due  and  payable  on  or  before  June  1,  1983. 

II.  Taxes  assessed  on  April  1, 

1983,  and  in  all  subsequent  years  shall  be 
due  and  payable  as  follows:   1/2  on  or 
before  December  1  of  that  year,  and  1/2  on 
or  before  June  1  of  the  following  year. 

III.  Interest  at  the  rate 
prescribed  by  RSA  76:13  shall  be  charged  on 
all  taxes  except  residence  taxes  not  paid  on 
or  before  either  the  respective  dates  on 
which  taxes  are  due  and  payable  under 
paragraphs  I  and  II,  or  the  thirtieth  day 
after  the  tax  bills  are  mailed,  whichever  is 
later. 

COMMITTEE  REPORTS 
(Regular  Calendar) 

SB  18-FN,  implementing  the  state  solid 
waste  plan.  Ought  to  Pass  with  Amendment. 
The  House  amendment  ( 1 )  inserts  a 
definition  of  "manure,"  (2)  writes  in 
septage  controls  which  were  overlooked 
originally,  (3)  rewords  the  burning  dump 
section  so  that  towns  now  under 
variances  granted  by  the  Air  Resources 
Agency  may  continue  burning  under  the 
schedule  in  SB  18,  (4)  provides  that 
appeals  from  decisions  by  the  Solid 
Waste  Management  Board  will  lie  directly 
to  the  Supreme  Court  under  RSA  541 ,  and 
(5)  increases  the  membership  of  the 
Board  by  two  -  one  from  the  septage 
hauling  industry  and  one  from 
communities  which  recycle  or  recover 
solid  waste,  nominated  by  the  New 
Hampshire  Resources  Recovery 
Association.  Rep.  Frank  J.  Kozacka  for 
Environment  and  Agriculture. 

Amendment 

Amend  RSA   149-M:1   as   inserted   by  section 
2  of  the   bill  by  inserting  after  paragraph 
IX  the   following  new  paragraph,   and  by 
renumbering  the  original  paragraphs  X-XXII 
to  read  as  XI.,    XII.,    XIII.,    XIV.,    XV., 
XVI.,    XVII.,    XVIII.,    XIX.,    XX.,    XXI.,    XXII., 
and  XXIII.   respectively: 

X.      "Manure"  means  animal  feces  and 
urine  with  natural  organic   bedding  materials 


HOUSE  JOURNAL  8APR82 


493 


such  as  hay,  sawdust,  straw  or  wood  chips, 
but  exclusive  of  human  waste. 

Amend  RSA  1H9-M:1,  XIX  as  inserted  by 
section  2  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 
XIX.  "Solid  waste"  means  any  matter 
consisting  of  putrescible  material;  refuse; 
septage;  sludge  from  a  waste  treatment 
works,  water  supply  treatment  works,  or  air 
pollution  control  facility;  and  other 
discarded  or  abandoned  material.  It 
includes  solid,  liquid,  semisolid  or 
contained  gaseous  material  resulting  from 
industrial,  commercial,  mining,  and 
agricultural  operations,  and  from  community 
activities.  For  purposes  of  this  chapter, 
it  does  not  include  hazardous  waste  as 
defined  in  RSA  147-A:2,  solid  or  dissolved 
materials  in  .irrigation  return  flows;  or 
municipal  and  industrial  discharges  which 
are  point  sources  subject  to  permits  under 
section  402  of  the  Federal  Water  Pollution 
Control  Act,  as  amended;  or  source,  special 
nuclear  or  by-product  material  as  defined  by 
the  Atomic  Energy  Act  of  1954,  as  amended. 

Amend  RSA  149-M:4,  I  as  inserted  by 
section  2  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

I.  There  is  hereby  established  a 
solid  waste  management  board  consisting  of 
the  following,  appointed  by  the  governor  and 
counc  il : 

(a)  A  chairman,  representing 
the  public  interest; 

(b)  Three  municipal 
officials,  at  least  2  of  whom  shall  be 
elected  officials,  representing  the  public 
interest,  nominated  by  the  New  Hampshire 
municipal  association; 

(c)  An  expert  in  public 
health,  representing  the  public  interest; 

(d)  A  local  conservation 
commission  member,  representing  the  public 
interest,  nominated  by  the  New  Hampshire 
association  of  conservation  commissions; 

(e)  A  professor  or  assistant 
professor  of  environmental  science  or 
sanitary  engineering,  representing  the 
public  interest; 

(f)  A  representative  of  the 
private  solid  waste  management  industries; 

(g)  A  licensed  sanitary  or 
environmental  engineer  from  private  industry; 

(h)  A  representative  of  the 
municipal  public  works  field; 

(i)  A  representative  of  the 
business  or  financial  communities; 

(j)  A  representative  of  the 
septage  hauling  industry,  nominated  by  the 
New  Hampshire  association  of  septaige 
haulers;  and 

(k)  A  representative  of 
communities  which  recycle  or  recover  solid 
WDotc ,  represent i"ng  tne  pu^ltc  interest , 
nominated  by  the  New  Hampshire  resource 
recovery  association. 

Amend  RSA  149-M  by  inserting  after 
section  8  the  following  new  section  and  by 
renumbering  the  original  sections  149-M:9-19 
to  read  as  149-M:10,  1U9-M:11,  T»9-M:12, 
149-M:13,  149-M:14,  149-M:15,  149-M:16, 
149-M:17,  149-M:18,  1U9-M:19  and  149-M:20 
respectively: 

1'49-M:9  Appeals.   Any  person  aggrieved 
by  a  final  order  of  the  board  under  RSA 


1U9-M:8  granting  or  denying  in  whole  or  in 
part  the  relief  sought  may  obtain  review  of 
the  order  in  the  manner  prescribed  in  RSA 
541. 

Amend  RSA  149-M:13,  I  as  inserted  by 
section  2  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

I.  Each  town  shall  either  provide, 
or  assure  access  to,  an  approved  septage  and 
solid  waste  facility  for  its  residents. 

Amend  the  introductory  paragraph  of  RSA 
149-M:15  as  inserted  by  section  2  of  the 
bill  by  striking  out  same  and  inserting  in 
place  thereof  the  following: 

149-M:15  Failure  to  Provide  Facility. 
If  any  town  fails  to  provide  an  approved 
disposal  facility  as  required  under  RSA 
149-M:13,  the  following  steps  shall  be  taken: 

Amend  RSA  149-M:19,  1(d)  as  inserted  by 
section  2  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 
(d)  Demonstrate  a  capacity  or 
implementation  plan  for  disposal  for  10 
years  and  an  ongoing  planning  process  as 
required  in  RSA  149-M:17  for  15  years  from 
the  date  of  filing  of  the  plan. 

Amend  RSA  149-M:20,  I  as  inserted  by 
section  2  of  the  bill  by  striking  out  same 
and  inserting  in  place  thereof  the  following: 

I.  Each  town  which  seeks  an 
exemption  from  the  provisions  of  RSA 
149-M:18  shall  provide  the  board,  by  October 
1,  1982,  with  a  draft  solid  waste  management 
implementation  plan  showing  how  it  will 
manage  its  solid  waste  in  a  manner 
consistent  with  the  environmental 
requirements  of  the  state  plan.  However, 
towns  which  currently  participate  in  a 
cooperative  solid  waste  management  system 
established  under  RSA  53-A  or  53-B  or  other 
pertinent  statute  shall  submit  an 
implementation  plan  by  July  1,  1982,  for 
purposes  of  advance  review,  comment  and 
action  by  the  board. 

Amend  the  bill  by  striking  out  section  4 
and  inserting  in  place  thereof  the  following: 

4  Extension  of  Time  Limits.  Towns 
which  operate  an  existing  open  burning  solid 
waste  facility  under  the  provisions  of  1979, 
320  may  continue  to  operate  the  facility 
until  October  1,  1983,  or  until  the 
effective  date  of  the  implementation  of  a 
solid  waste  management  district  plan  under 
RSA  149-M,  whichever  is  first. 

Amend  the  bill  by  striking  out  section  5 
and  renumbering  sections  6-8  to  read  as  5, 
6,  and  7  respectively. 

Amend  the  bill  by  striking  out  section  6 
and  inserting  in  place  thereof  the  following: 

6  Provision  for  Existing  Solid  Waste 
Management  Board .  The  membership  on  the 
solid  waste  mainagement  board  under  this  act 
shall  be  the  same  as  that  established  under 
RSA  liJ^-L^e  M  insertetJ  by  198I,  566; 3, 
except  that  the  membership  shall  include  one 
representative  of  the  New  Hampshire 
association  of  septage  haulers  and  one 
representative  of  the  New  Hampshire  resource 
recovery  association.  In  addition,  at  least 
2  of  the  municipal  officials  on  the  board 
shall  be  elected  officials.  The  initial 
terms  of  appointment  to  the  board  under  this 
act  shall  be  the  same  as  those  established 
under  198I,  566:7,  except  that  the  public 
health  expert,  the  representative  of  the  New 


494 


HOUSE  JOURNAL  8APR82 


Hampshire  association  of  septaige  haulers, 
and  the  representative  of  the  New  Hampshire 
resource  recovery  association  shall  be 
included  in  the  one  year  initial  term  of 
appointment.  Any  action  taken  by  the  board 
pursuant  to  RSA  149-L  shall  not  be  subject 
to  the  challenge  solely  on  the  basis  that 
the  action  was  taken  when  the  composition  of 
the  board  was  in  compliance  with  RSA  1t9-L:6 
prior  to  its  repeal  by  this  act. 

Amendment  adopted. 
Ordered  to  third  reading. 

SB  16-FN,  relative  to  zoning  changes  to 
accommodate  manufactured  housing  and  the 
filling  of  vacancies  in  planning  board 
membership.  Ought  to  Pass  with  Amendment. 
Amended  version  gives  a  municipality 
maximum  flexibility  and  control 
regarding  mobile  homes  in  accordance 
with  federal  guidelines.  Rep.  Anthony 
Pepitone  for  Municipal  and  County 
Government. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  zoning  changes  to  accomodate 

manufactured  housing,  the  filling  of 

vacancies  in  planning  board  members, 

and  the  granting  of  zoning  authority 

to  the  village  district 

of  Edelweiss. 

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1  Declaration  of  Purpose.  The  general 
court  has  previously  recognized  and  declared 
that  decent  and  sanitary  housing  is  both  a 
need  and  a  right  of  individual  citizens  and 
families.   In  reaffirming  the  state's 
commitment  to  provide  adequate  housing 
opportunities,  the  general  court  recognizes 
that  the  costs  of  conventional,  single 
family  housing  have  risen  sharply  and  that, 
if  housing  needs  are  to  be  met,  the  widest 
possible  range  of  housing  alternatives  must 
be  made  available  within  each  community. 
The  general  court  further  recognizes  that  it 
is  important  to  provide  young  couples  as 
well  as  elderly,  retired  citizens  with 
affordable,  reasonably  priced,  quality 
homes.  The  general  court  therefore  declares 
that  the  complete  exclusion  of  manufactured 
housing  in  communities  is  based  upon 
outmoded  perceptions  as  to  the  safety  and 
quality  of  manufactured  housing,  and 
aesthetic  factors.  Mamifawtured  hotising, 
when  built  in  conformance  with  national 
codes,  is  almost  indistinguishable  from 
conventional,  site-built  housing. 

2  Manufactured  and  Mobile  Home 
Housing.  Amend  RSA  31:118  and  31:119  (supp) 
as  inserted  by  1981,  406:2  by  striking  out 
said  sections  and  inserting  in  place  thereof 
the  following: 

31:118  Definitions.  As  used  in  this 
subdivision: 

I.  "Manufactured  housing"  means 
all  forms  of  modular,  unitized  or 


prefabricated  housing.  The  term 
"manufactured  housing"  includes  mobile  homes 
which  are  brought  to  and  assembled  on  a 
building  site,  placed  on  a  foundation  or 
structural  carrier  designed  for  that 
purpose,  tied  into  all  conventional  and 
necessary  utility  systems,  and  which  are 
intended  to  be  used  as  a  permanent 
dwelling.  The  term  "manufactured  housing" 
does  not  include  housing  or  mobile  homes 
which  are  fully  constructed  on  the  site. 

II.   "Mobile  home"  means  a 
transportable  structure  in  single  units  on  a 
permanent  chasis  designed  to  be  used  as  a 
permanent  dwelling  and  tied  into  all 
conventional  and  necessary  utility  systems. 

31:119  Exclusion  of  Manufactured 
Housing. 

I.  A  municipality  shall  not 
exclude  manufactured  housing  completely  from 
the  municipality  by  regulation,  zoning 
ordinance  or  any  other  exercise  of  the 
police  power. 

II.  A  municipality  which  adopts 
land  use  control  measures  shall  allow,  in 
its  sole  discretion,  mobile  homes  to  be 
located  in  any  2  or  all  3  of  the  following 
types  of  locations: 

(a)  On  individual  lots  in 
some,  but  not  necessarily  all,  residential 
areas  within  the  municipality  pursuant  to 
zoning  regulations  adopted  by  the 
appropriate  municipal  board. 

(b)  In  mobile  home  parks. 

(c)  In  subdivisions 
established  pursuant  to  zoning  regulations 
adopted  by  the  appropriate  municipal  board. 

III.  Mobile  homes  located  on 
individual  lots  or  located  in  subdivisions 
shall: 

(a)  Be  considered  as  real 
estate  in  every  respect,  notwithstanding  any 
other  provisions  of  existing  law; 

(b)  Comply  with  all  lot  size, 
frontage  requirements,  space  limitations, 
and  other  reasonable  controls  that 
conventional  single  family  housing  in  the 
same  area  must  meet,  or  comply  with  all 
requirements  for  placement  on  individual 
lots  or  in  subdivisions;  and 

(c)  Be  owned  by  the  same 
person  who  owns  the  lot. 

3  Mobile  Home  Defined.  Amend  RSA 
259:55  (supp)  as  inserted  by  1981,  146:1  by 
striking  out  said  section  and  inserting  in 
place  thereof  the  following: 

259:56  "Mobile  home"  means  a 
transportable  structure  in  single  units  on  a 
permanent  chasis  designed  to  be  used  as  a 
permanent  dwelling  and  tied  into  all 
conventional  and  necessary  utility  systems. 

4  Treatment  as  Conventional  Housing. 
The  definition  of  manufactured  housing  set 
-forth  ±n  RSA  31:118,  I  as  insertetl  by 
section  2  of  this  act  shall  not  permit  a 
city  or  town  to  treat  manufactured  housing 
as  anything  other  than  conventional  housing, 
provided  that  such  manufactured  housing  was 
treated  as  a  conventional  housing  by  the 
municipality  prior  to  the  effective  date  of 
this  act.  For  the  purposes  of  this  section, 
manufactured  housing  does  not  include  mobile 
homes. 

5  Application.  Cities  and  towns  shall 
have  until  September  14,  1982,  to  comply 


HOUSE  JOURNAL  8APR82 


495 


with  the  provisions  of  this  act.  Any  city 
or  town  not  in  compliance  with  the 
provisions  of  this  act  after  September  14, 
1982,  shall  allow  manufactured  housing  and 
mobile  homes  in  all  residential  zones  until 
the  city  or  town  is  in  compliance  with  the 
provisions   of  this  act. 

6  Authority  to  Zone  Granted.      The 
village  district  of  Edelweiss   in  the   town  of 
Madison  shall  have   the   power  from  time  to 
time  to  enact  and  enforce  zoning   regulations 
within  the  village  district  territorial 
limits  and  shall  have  all  of  the  powers 
granted   to  towns  under  the  provisions  of  RSA 
31:60  to  31:89   inclusive. 

7  Limitations.      The  powers  of  the  town 
of  Madison   to  enact  and  enforce   zoning 
regulations  which  include  the   territorial 
limits  of  the  village  district  of  Edelweiss 
shall  not   be  limited   in  the  event   that  the 
village  district  fails  to  exercise   the 
authority  hereby  granted. 

8  Transfer  of  Powers.     The  village 
district  of  Edelweiss  may,   after  exercising 
the  powers  herein  granted,    return   to  the 
town  of  Madison   its  power  to  enact  and 
enforce  zoning  regulations   in  the  village 
district  of  Edelweiss  by  action   by   the 
voters  of  Edelweiss  at  any  duly  warned 
regular  or  special  village  district  meeting. 

9  Filling  of  Vacancies  by  Planning 
Board.     Amend  the   introductory  paragraph  of 
RSA  36:7   (supp)   as  amended   by  striking  out 
said  paragraph  and   inserting   in  place 
thereof  the   following: 

36:7     Filling  of  Vacancies   in 
Membership.     Vacancies   in  the  membership  of 
a  planning  board  occurring  otherwise  than 
through  the  expiration  of  a  term  shall  be 
filled   for  the  duration  of  the  unexpired 
term,    except   if  a  vacancy  occurs   for  an 
elected  member  or  a  member  required   to  be 
elected  pursuant   to  paragraph  IV,    then  that 
vacancy   shall  be  filled  by   the  planning 
board  until   the  next  election,   all  other 
vacancies  shall  be  filled  by  the: 

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

Rep.  Mann  yielded  to  questions. 
Amendment  adopted. 
Ordered   to  third  reading. 

SB   1,    reapportioning  the  state  senate 
districts.     Ought  to  Pass. 

The  purpose  of  this   bill   is  to   realign 
state  senate  districts   in  accordance 
with  the   latest   federal  decennial 
census.     Vote  9-6.     Rep.  Russell   C. 
Chase  for  Reapportionment. 

Rep.   Chambers  offered  an  amendment. 

Amendrnent 

Amend  RSA  562:3  as   inserted   by  section   1 
of  the  bill  by  striking  out  same  and 
inserting  in  place  thereof  the   following: 

662:3     State  Senate  Districts.     The 
state   is  divided   into  24  districts   for  the 
choosing  of  state   senators,    each  of  which 
may  elect  one  senator.     The  districts  shall 
be  constituted  as  follows: 

I.     Senatorial  district  number  1    is 
constituted  of  Pittsburg,    Clartcsville, 


Stewartstown,    Colebrook,   Dixville,    Second 
College  Grant,   Wentworth,    Dix's  Grant, 
Columbia,   Stratford,   Odell,   Millsfield, 
Errol,   Dummer,    Cambridge,   Northumberland, 
Stark,   Milan,    Lancaster  Kilkenny,    Berlin, 
Success,    Dalton,   Whitefield,   Jefferson, 
Randolph,   Gorham,    Shelbume,    Carroll, 
Sugarhill,   Bethlehem,    Franconia,    Chandler's 
Purchase,    Crawford's  Purchase,   Thompson  and 
Meserve's  Purchase,   Sargent's  Purchase, 
Hadley's  Purchase,   Bean's  Purchase,   Martin's 
Location,    Cutt's  Grant,   Bean's  Grant, 
Pinkham's  Grant,   Green's  Grant,    Low  and 
Burbank's  Grant. 

II.  Senatorial  district  number  2 
is  constituted  of  Littleton,   Monroe,   Lyman, 
Lisbon,   Bath,    Landaff,    Easton,   Lincoln, 
Livermore,   Waterville  Valley,   Haverhill, 
Benton,   Woodstock,   Thornton,    Orford, 
Piermont,   Warren,   Ellsworth,   Wentworth, 
Rumney,   Dorchester,   Groton,   Plymouth, 
Hebron,   Bridgewater,    New  Hampton,   Bristol, 
Orange,    Alexandria,   Grafton,    Danbury,   Hill, 
Sanbomton,   Tilton. 

III.  Senatorial  district  number  3 
is  constituted  of  Chatham,    Jackson, 
Bartlett,    Conway,   Albany,   Madison,   Eaton, 
Tamworth,    Freedom,    Effingham,    Ossippee, 
Sandwich,    Campton,    Hoiderness,   Ashland, 
Center  Harbor,    Meredith,   Moultonborough, 
Tuftonborough,   Wolfeboro,   Wakefield, 
Brook field.    Hart's  Location. 

IV.  Senatorial  district  number  4 
is  constituted  of  Laconia,   Gilford,   Belmont, 
Northfield,   Gilmanton,    Alton,   Barnstead,   New 
Durham,   Middleton,   Pittsfi^ld. 

V.  Senatorial  district  number  5   is 
constituted  of  Lyme,    Hanover,    Canaan, 
Lebanon,   Enfield,   Plainfield,   Grantham, 
Cornish,   Springfield,   Wilmot,    New  London, 
Andover,   Newbury,   Sutton. 

VI.  Senatorial  district  number  6 
is  constituted  of  Milton,   Rochester, 
Barrington,   Somersworth. 

VII.  Senatorial  district  number  7 
is  constituted  of  Franklin,   Salisbury, 
Canterbury,   Boscawen,   Webster,   Warner, 
Henniker,    Hopkinton,   Weare,   Dunbarton,   New 
Boston,   Bedford. 

VIII.  Senatorial  district  number  8 
is  constituted  of  Claremont,   Newport, 
Sunapee,   Goshen,   Unity,    Charlestown, 
Langdon,   Ackworth,   Lempster,   Washington, 
Bradford,   Hillsborough,   Windsor,   Antrim, 
Croydon . 

IX.  Senatorial  district  number  9 
is  constituted  of  Lyndeborough,   Mont  Vernon, 
Wilton,   Amherst,   Milford,   Merrimack, 
Francestown. 

X.  Senatorial  district  number  10 
is  constituted  of  Marlow,    Alstead,   Walpole, 
Surry,   Gilsum,   Westmoreland,   Keene, 
Chesterfield,   Swanzey,   Sullivan,   Roxbury, 
Stofldard. 

XI.  Senatorial  district  number  11 
is  constituted  of  Hinsdale,   Winchester, 
Richmond,   Fitzwilliam,   Troy,   Marlborough, 
Harrisville,    Dublin,    Jaffrey,  Rindge, 
Hancock,   Peterborough,   Sharon,   New  Ipswich, 
Greenville,   Bennington,   Greenfield,   Temple, 
Deering,   Nelson. 

XII.  Senatorial  district  number  12 
is  constituted  of  wards  1,    2,    3  and  9   in 
Nashua  and  Hollis,   Brookline  and  Mason. 


496 


HOUSE  JOURNAL  8APR82 


XIII.  Senatorial  district  number 
13  is  constituted  of  wards  4,  5,  6,  7  and  8 
in  Nashua. 

XIV.  Senatorial  district  number  It 
is  constituted  of  Hudson,  Litchfield, 
Londonderry,  Auburn,  Candia. 

XV.  Senatorial  district  number  15 
is  constituted  of  Concord,  Pembroke, 
Aliens town. 

XVI.  Senatorial  district  number  16 
is  constituted  of  wards  1  and  2  in 
Manchester  and  Goffstown,  Hooksett  and  Bow. 

XVII.  Senatorial  district  number 

17  is  constituted  of  Sandown,  Danville, 
Brentwood,  Freemont,  Epping,  Chester, 
Raymond,  Nottingham,  Deerfield,  Northwood, 
Epsom,  Chichester,  Loudon,  Newfields. 

XVIII.  Senatorial  district  number 

18  is  constituted  of  wards  t,  6,  7,  8  and  9 
in  Manchester. 

XIX.  Senatorial  district  number  19 
is  constituted  of  Derry,  Hampstead, 
Atkinson,  Plaistow,  Newton,  Kingston. 

XX.  Senatorial  district  number  20 
is  constituted  of  wards  3,  5,  10,  11  and  12 
in  Manchester. 

XXI.  Senatorial  district  number  21 
is  constituted  of  Rollinsford,  Dover, 
Madbury,  Lee,  Durham. 

XXII.  Senatorial  district  number 

22  is  constituted  of  Windham,  Salem,  Pelham. 

XXIII.  Senatorial  district  number 

23  is  constituted  of  Newmarket,  Exeter, 
Stratham,  E.  Kingston,  Kensington,  Hampton 
Falls,  Hampton,  So.  Hampton,  Seabrook. 

XIV.  Senatorial  district  number  2H 
is  constituted  of  Newington,  Portsmouth, 
Greenland,  Rye,  New  Castle,  No.  Hampton. 


SUSPENSION  OF  RULES 

Rep.  Katsiaficas  moved  that  the  rules  be 
so  far  suspended  as  to  permit  consideration 
at  the  present  time  of  a  resolution  urging 
the  President  to  propose  a  freeze  on  nuclear 
weapons  and  spoke  to  her  motion. 

Reps.  Leslie,  Quimby,  Sackett,  Spirou, 
Copenhaver,  Daniell,  Townsend,  Horan  and 
Barber  spoke  in  favor  of  the  motion. 

Reps.  William  Russell  and  Coutermarsh 
spoke  against  the  motion  and  yielded  to 
questions. 

Reps.  Granger  and  Kane  spoke  against  the 
motion. 

Rep.  Ware  moved  the  previous  question. 
Sufficiently  seconded.  Adopted. 

Rep.  Katsiaficas  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS   117  NAYS  1U7 

YEAS   117 

BELKNAP:  Birch,  Bolduc,  Bowler,  Gary 
Dionne,  Earle  Hardy,  Lamprey,  David 
Whittemore  and  Zeckhausen. 

CARROLL :   None . 

CHESHIRE:  Barber,  Jesse  Davis,  Eisengrein, 
Proctor,  Margaret  Ramsay,  Rouillard  and 
Patricia  Russell. 

COOS:   Chardon,  Oleson  and  Theriault. 

GRAFTON:   Chambers,  Copenhaver,  Crory, 
Michael  King,  Mansfield  and  Melendy. 


Hearing  no  objection  the  Speaker 
directed  the  Clerk  to  dispense  with  the 
reading  of  the  amendment. 

Rep.  Chambers  explained  the  amendment. 

Rep.  Chase  spoke  against  the  amendment 
and  yielded  to  questions. 

Rep.  Bay  butt  spoke  against  the  amendment. 

Amendment  lost . 

Ordered  to  third  reading. 

Rep.  Lawrence  Guay  moved  that  the 
remarks  of  Reps.  Chambers  and  Chase  be 
printed  in  the  Journal. 

Motion  lost. 

SUSPENSION  OF  RULES 


HILLSBOROUGH:  Ahlgren,  Ainley,  Arnold, 
Carswell,  Casinghino,  Craig,  Cronin, 
Donovan,  Duval,  Joseph  Eaton,  Ford,  Gagnon, 
Sal  Grasso,  Hall,  Head,  Hendrick,  Horan, 
Thomas  Hynes,  Kaklamanos,  Katsiaficas, 
Keefe,  Kizala,  McGlynn,  Messier,  Mulligan, 
Nardi,  Chris  Papadopoulos,  Pariseau,  Pastor, 
Plomaritis,  Maureen  Raiche,  Robie,  Sallada, 
Silva,  Edward  Smith,  Leonard  Smith,  Souoy, 
Spirou,  Mary  Sullivan,  Tamposi,  Turgeon, 
Vergas  and  Zajdel. 

MERRIMACK:  Brady,  Carroll,  Daniell,  Degnan, 
Hanus,  Kidder,  James  O'Neill,  Paire,  Stark, 
Lawrence  Sullivan,  Underwood,  Mary  Jane 
Wallner,  James  Whittemore  and  Wiviott. 


Rep.  Baybutt  moved  that  the  rules  be  so 
far  suspended  as  to  permit  consideration  at 
the  present  time  of  HCR  1,  relative  to 
public  participation  in  the  development  and 
review  of  federal  block  grant  plans. 

Reps.  Baybutt  and  Chambers  spc^e  in 
favor  of  WW  motton. 

Adopted  by  the  necessary  two-thirds. 

Reps.  Baybutt  and  Chambers  moved  that 
the  House  adopt  HCR  1,  relative  to  public 
participation  in  the  development  and  review 
of  federal  block  grant  plans. 

Ordered  to  third  reading. 


ROCKINGHAM:  Appel,  Blanchette,  William 
Boucher,  Butler,  Cahill,  Carpenito, 
Esplnola,  Thomas  Gage,  Kenneth  Gould,  Selma 
Gould,  Greene,  Hollingworth,  Kozacka, 
Leslie,  Lockhart,  Mace,  Pevear,  Quimby, 
Read,  Shurtleff,  Tavitian,  Vartanian  and 
Christopher  Wood. 

STRAFFORD:  Blouin,  Brown,  Chagnon,  James 
Demers,  Demetracopoulos,  Albert  Dionne, 
Gauvin,  Sackett,  Schreiber  and  Ralph  Torr. 

SULLIVAN:   D'Amante,  Spaulding  and  Townsend. 

NAYS  147 

BELKNAP:     French,   Holbrook,   Pearson,   Randall 
and  Rollins. 


HOUSE  JOURNAL  8APR82 


497 


CARROLL:  Barringer,  Chase,  Dickinson, 
Heath,  Keller*  and  Kenneth  MacDonald. 

CHESHIRE:  Baybutt,  Emst,  Robert  Galloway, 
Gordon,  Lane,  Moore,  O'Connor,  Perry  and 
Scranton. 

COOS:   Beaulac,  Brideau,  Brungot,  Bums, 
Lawrence  Guay,  Horton,  Langley  and  York. 

GRAFTON:   Buckman,  Nelson  Chamberlin, 
Christy,  Clark,  Driscoll,  Hammond,  Logan, 
Look,  Mann,  Rounds,  Taffe,  Walter  and  Roger 
Wood. 

HILLSBOROUGH:   Richard  Ahern,  Ahrens, 
Amidon,  Baker,  Bosse,  Bridgewater,  Burkush, 
Carpenter,  Carragher,  Charpentier, 
Coutermarsh,  William  Dion,  Duffett,  Richard 
Galway,  Granger,  Healy,  Howard  Humphrey, 
Kashulines,  Knight,  Labombarde,  LaPierre, 
Lefebvre,  Levesque,  Madigan,  Martineau, 
Howard  Mason,  Mazur,  Murray,  Naro,  Norman 
Packard,  Aime  Paradis,  Peters,  Record,  G. 
Philip  Rodgers,  William  Russell,  B.  P. 
Smith,  Stone,  Stylianos,  Vachon,  Van  Loan, 
Wallace,  Ware,  Watson,  Kenneth  Wheeler  and 
James  J.  White. 


SENATE  MESSAGES 
REQUESTS  CONCURRENCE  WITH  AMENDMENT 

HB  10,  relative  to  amending  the 
operating  budget,   (amendment  printed  SJ  4/8) 

Rep.  Kidder  moved  that  the  House 
nonconcur  and  request  a  Committee  of 
Conference. 

Rep.  Spirou  moved  that  further 
consideration  of  HB  10  be  made  a  Special 
Order  for  Thursday,  April  15,  spoke  to  his 
motion  and  yielded  to  questions. 

Rep.  Kidder  spoke  against  the  motion. 

Rep.  Daniell  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  Presiding) 

YEAS  107  Nays  153 

YEAS   107 

BELKNAP:  Bolduc,  Bowler  and  Gary  Dionne. 

CARROLL:   Chase. 

CHESHIRE:  Barber,  Eisengrein,  Robert 
Galloway,  Proctor,  Rouillard  and  Patricia 
Russell. 


MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  John  Gate,  Milton  Gate,  Dean, 
Holmes,  James  Humphrey,  Locke,  Nichols, 
David  Packard,  Margaret  Roberts,  William 
Roberts,  Savaria,  Gerald  Smith,  Stio,  Waters 
and  Ashton  Welch. 

ROCKINGHAM:   Blake,  Burdick,  Marilyn 
Campbell,  Cote,  Day,  Eliyson,  Flanagan, 
Flanders,  Beverly  Gage,  Kane,  Kelley,  Roger 
King,  LoFranco,  Lovejoy,  Robert  Mason, 
Nevins,  Newell,  Parr,  Rand,  Myrtle  Rogers, 
Schmidtchen,  Skinner,  Stimmell,  Sytek, 
Vlack,  Warburton  and  Raymond  Wood. 

STRAFFORD:   Appleby,  James  Chamberlin, 
Creteau,  Maglaras,  Franklin  Torr  and 
Whitehead. 

SULLIVAN:  Brodeur,  Cutting,  Gordon  Flint, 
Forrest,  Leonard  Gray,  Sim  Gray,  Ingram, 
LeBrun,  Palmer  and  Quinlan,  and  the  motion 
lost. 

Rep.  Zimmerman  notified  the  Clerk  that 
he  wished  to  be  recorded  against  the  motion 
to  suspend  the  rules. 

Rep.  David  Campbell  notified  the  Clerk 
that  he  wished  to  be  recorded  in  favor  of 
the  motion  to  suspend  the  rules. 

SENATE  MESSAGES 
CONCURRENCE 

HB  2,  reapportioning  the  house  of 
T-epT'esBntatlrveB  and  detegatres  ta  state" 
conventions. 

REQUESTS  CONCURRENCE  WITH  AMENDMENT 

HB  11,  amending  the  capital  budget, 
(amendment  printed  SJ  4/8) 

Reps.  Bibbo  and  LaMott  moved  that  the 
House  concur. 
Adopted. 

RECESS 


COOS:  Beaulac,  Brideau,  Richard  Demers, 
Lawrence  Guay,  Theriault  and  York. 

GRAFTON:  Buckman,  Chambers,  Clark, 
Copenhaver,  Crory,  Michael  King,  Logan  and 
Mansfield. 

HILLSBOROUGH:   Debora  Aherri,  Richard  Ahern, 
Ahlgren,  Arnold,  Baker,  Casinghino, 
Coutermarsh,  Cronin,  William  Dion,  Donovan, 
Duval,  Gagnon,  Hall,  Healy,  Horan, 
Kaklamanos,  Kashulines,  Katsiaficas,  Kizala, 
Lefebvre,  Levesque,  Madigan,  McGlynn, 
Mulligan,  Murray,  Nardi,  Naro,  Chris 
Papadopoulos,  Plomaritis,  Maureen  Raiche, 
Peter  Ramsey,  Robie,  B.  P.  Smith,  Edward 
Smith,  Soucy,  Spirou,  Mary  Sullivan, 
Turgeon,  Vachon,  Vergas,  Wallace,  Watson  eind 
Zajdel. 

MERRIMACK:  Bellerose,  Carroll,  Milton  Gate, 

Daniell,  Degnan,  James  O'Neill,  Paire, 

Gerald  Smith,  Lawrence  Sullivan  and  Mary 
Jane  Wallner. 

ROCKINGHAM:  Blanchette,  Burdick,  Carpenito, 
Selma  Gould,  Hoar,  Hollingworth,  Kozacka, 
Leslie,  LoFranco,  Read  and  Splaine. 

STRAFFORD:  Appleby,  Blouin,  Chagnon,  James 
Chamberlin,  Creteau,  James  Demers,  Albert 
Dionne,  Gauvin,  Maglaras,  Schreiber,  Ralph 
Torr  and  Whitehead. 

SDCLIVSN:  Brodenr,  Davia  CampDell, 
D'Amante,  Forrest,  Sim  Gray,  Ingram  and 
LeBrun. 

NAYS  153 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Holbrook,  Lamprey,  Pearson,  Randall, 
Rollins,  David  Whittemore  and  Zeckhausen. 

CARROLL:  Allen,  Barringer,  Dickinson, 
Heath,  Keller,  Kenneth  MacDonald  and  Kenneth 
Smith. 


498 


HOUSE  JOURNAL  8APR82 


CHESHIRE:  Baybutt,  Gordon,  Lane,  Matson, 
Miller,  Moore,  O'Connor,  Perry,  Margaret 
Ramsay  and  Scranton. 

COOS:  Brungot,  Burns,  Chardon,  Horton, 
George  Lemire  and  Oleson. 

GRAFTON:   Nelson  Chamberlin,  Christy, 
Driscoll,  Hammond,  LaMott,  Look,  Mann, 
Melendy,  Rounds,  Taffe,  Walter  and  Roger 
Wood. 

HILLSBOROUGH:   Ahrens,  Ainley,  Amidon, 
Bosse,  Bridgewater,  Burkush,  Carpenter, 
Carragher,  Carswell,  Charpentier,  Craig, 
Duffett,  Joseph  Eaton,  Ford,  Richard  Galway, 
Granger,  Sal  Grasso,  Thomas  Hynes,  Keefe, 
Labombarde,  Martineau,  Howard  Mason,  Mazur, 
Messier,  Norman  Packard,  Aime  Paradis, 
Pariseau,  Peters,  Record,  G.  Philip  Rodgers, 
William  Russell,  Sallada,  Silva,  Leonard 
Smith,  Stone,  Stylianos,  Tamposi,  Van  Loan, 
Ware,  Kenneth  Wheeler,  James  J.  White  and  M. 
Arnold  Wight. 

MERRIMACK:   Bibbo,  Laurent  Boucher,  Brady, 
John  Gate,  Dean,  Holmes,  James  Humphrey, 
Kidder,  Lewis,  Locke,  Nichols,  David 
Packard,  Parker,  Margaret  Roberts,  Savaria, 
Stark,  Stio,  Ashton  Welch,  James  Whittemore 
and  Wiviott. 

ROCKINGHAM:   Appel,  Benton,  Blake,  William 
Boucher,  Butler,  Cahill,  Marilyn  Campbell, 
Cote,  Day,  Ellyson,  Flanagan,  Flanders, 
Beverly  Gage,  Thomas  Gage,  Kenneth  Gould, 
Greene,  Kane,  Kelley,  Roger  King,  Lockhart, 
Lovejoy,  Mace,  Robert  Mason,  Nevins,  Newell, 
Parr,  Pevear,  Quimby,  Myrtle  Rogers, 
Schmidtchen,  Shurtleff,  Skinner,  Stimmell, 
Sytek,  Tavitian,  Vartanian,  Vlack  and 
War  burton. 

STRAFFORD:   Brown  apd  Franklin  Torr. 

SULLIVAN:  Cutting,  Gordon  Flint,  Leonard 
Gray,  Palmer,  Spaulding  and  Townsend,  and 
the  motion  lost. 

Question  being  on  the  motion  to 
nonconcur  and  request  a  Committee  of 
Conference. 

Reps.  Daniell  and  Lawrence  Guay  spoke 
against  the  motion. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS   154  NAYS   106 

YEAS  154 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Holbrook,  Lamprey,  Pearson,  Randall,  David 
Whittemore  and  Zeckhausen. 

CARROLL:  Allen,  Chase,  Dickinson,  Heath, 
Keller,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Eisengrein,  Gordon, 
Lane,  Matson,  Miller,  Moore,  Margaret  Ramsay 
and  Scranton. 

COOS:  Brungot,  Bums,  Chardon,  Horton, 
George  Lemire  and  Oleson. 


GRAFTON:   Driscoll,  Hammond,  LaMott,  Logan, 
Look,  Mann,  Mansfield,  Melendy,  Rounds, 
Taffe,  Walter  and  Roger  Wood. 

HILLSBOROUGH:   Richard  Ahern,  Ahrens, 
Ainley,  Amidon,  Bosse,  Burkush,  Carpenter, 
Carragher,  Carswell,  Casinghino, 
Charpentier,  Coutermarsh,  Craig,  Duffett, 
Joseph  Eaton,  Ford,  Richard  Galway,  Sal 
Grasso,  Healy,  Thomas  Hynes,  Kashulines, 
Keefe,  Kizala,  Labombarde,  Martineau,  Mazur, 
Murray,  Norman  Packard,  Aime  Paradis, 
Peters,  Peter  Ramsey,  Record,  G.  Philip 
Rodgers,  William  Russell,  Sallada,  Silva, 
Leonard  Smith,  Stone,  Stylianos,  Mary 
Sullivan,  Tamposi,  Van  Loan,  James  J.  White 
and  M.  Arnold  Wight. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  Brady, 
John  Gate,  Milton  Gate,  Dean,  Holmes,  James 
Humphrey,  Kidder,  Lewis,  Locke,  Nichols, 
David  Packard,  Parker,  Gerald  Smith,  Stark, 
Stio,  Ashton  Welch,  James  Whittemore  and 
Wiviott. 

ROCKINGHAM:   Appel,  Benton,  William  Boucher, 
Butler,  Cahill,  Marilyn  Campbell,  Cote,  Day, 
Flanagan,  Flanders,  Beverly  Gage,  Thomas 
Gage,  Kenneth  Gould,  Selma  Gould,  Kane, 
Kelley,  Roger  King,  Lockhart,  Mace,  Robert 
Mason,  Nevins,  Newell,  Parr,  Quimby,  Myrtle 
Rogers,  Schmidtchen,  Shurtleff,  Skinner, 
Stimmell,  Sytek,  Tavitian,  Vartanian  and 
Warburton. 

STRAFFORD:  Brown,  James  Chamberlin,  Gauvin, 
Franklin  Torr,  Ralph  Torr  and  Whitehead. 

SULLIVAN:   David  Campbell,  Cutting,  Gordon 
Flint,  Leonard  Gray,  Sim  Gray,  Palmer, 
Spaulding  and  Townsend. 

NAYS   106 

BELKNAP:  Bolduc,  Bowler,  Gary  Dionne  and 
Rollins. 

CARROLL:   Barringer. 

CHESHIRE:  Barber,  Robert  Galloway, 
O'Connor,  Perry,  Proctor,  Rouillard  and 
Patricia  Russell. 

COOS:  Beaulac,  Brideau,  Richard  Demers, 
Lawrence  Guay,  Theriault  and  York. 

GRAFTON:  Buckman,  Nelson  Chamberlin, 
Chambers,  Christy,  Clark,  Copenhaver,  Crory 
and  Michael  King. 

HILLSBOROUGH:   Debora  Ahern,  Ahlgren, 
Arnold,  Baker,  Bridgewater,  Cronin,  William 
Dion,  Donovan,  Duval,  Gagnon,  Granger,  Hall, 
Horan,  Kadclamanos,  Katsiaficas,  Lefebvre, 
Levesque,  Madigan,  Howard  Mason,  McGlynn, 
Messier,  Mulligan,  Nardi,  Naro,  Chris 
Papadopoulos,  Pariseau,  Plomaritis,  Maureen 
Raiche,  Robie,  B.  P.  Smith,  Edward  Smith, 
Soucy,  Spirou,  Turgeon,  Vachon,  Vergas, 
Wallace,  Ware,  Watson,  Kenneth  Wheeler  and 
Zajdel. 

MERRIMACK:  Bellerose,  Carroll,  Daniell, 
Degnan,  James  O'Neill,  Paire,  Margaret 
Roberts,  Savaria,  Lawrence  Sullivan  and  Mary 
Jane  Wallner. 


HOUSE  JOURNAL  8APR82 


499 


ROCKINGHAM:   Blake,  Blanchette,  Burdick, 
Carpenito,  Ellyson,  Greene,  Hoar, 
Hollingworth,  Kozacka,  Leslie,  LoFranco, 
Love joy,  Pevear,  Read,  Splaine  and  Vlack. 

STRAFFORD:  Appleby,  Blouin,  Chagnon, 
Creteau,  James  Demers,  Albert  Dionne, 
Maglaras  and  Schreiber. 

SULLIVAN:  Brodeur,  D'Amante,  Forrest, 
Ingram  and  LeBrun,  and  the  motion  was 
adopted. 

The  Speaker  appointed  Reps.  Tucker, 
Kidder,  LaMott,  Margaret  Ramsay  and  Scranton. 


Committee  of  the  Strafford  County 
Delegation,  and 

WHEREAS,  Don  Smith  proved  a  tireless 
worker  for  those  causes  he  believed  In  and 
battled  fearlessly,  but  with  dignity,  in 
pursuit  of  his  legislative  goals,  and 

WHEREAS,  he  served  his  community 
faithfully  and  with  efficiency,  therefore  be 
it 

RESOLVED,  that  the  members  of  the  House 
Of  Representatives  do  hereby  extend  their 
sympathy  to  his  family,  and  be  it  further 

RESOLVED,  that  a  copy  of  these 
Resolutions  be  transmitted  to  his  family. 


REQUESTS  CONCURRENCE  WITH  AMENDMENT 

HB  3I-FN,  establishing  ward  lines  for 
the  city  of  Berlin,   (amendment  printed  SJ 
4/8) 

Rep.  Chase  moved  that  the  House  concur. 
Adopted. 

Reps.  Baybutt  and  Chambers  moved  that 
the  House  now  adjourn  from  the  early 
session,  that  the  business  of  the  late 
session  be  in  order  at  the  present  time, 
that  the  reading  of  bills  be  by  title  only 
and  resolutions  by  caption  only  and  that  all 
bills  ordered  to  third  reading  be  read  a 
third  time  by  this  resolution,  and  that  all 
titles  of  bills  be  the  same  as  adopted,  and 
that  they  be  passed  at  the  present  time,  and 
when  the  House  adjourns  today  it  be  to  meet 
at  the  call  of  the  Chair. 

Adopted. 

LATE  SESSION 
Third  reading  and  final  passage 

SB  16-FN,  relative  to  zoning  changes  to 
accommodate  manufactured  housing  and  the 
filling  of  vacancies  in  planning  board 
membership. 

SB  19-FN,  relative  to  the  dates  for  the 
collection  of  taxes  in  the  city  of  Dover. 

SB  18-FN,  implementing  the  state  solid 
waste  plan. 

SB  1,  reapportioning  the  state  senate 
districts. 

HCR  1,  relative  to  public  participation 
in  the  development  and  review  of  federal 
block  grant  plans. 

The  Strafford  County  Delegation  offered 
the  following: 


Unanimously  adopted  by  a  rising  vote  of 
silent  prayer. 


Rep.  Baybutt  moved  that  the  House  stand 
in  recess  for  the  purpose  of  Introduction  of 
Bills  and  Enrolling  Reports  only. 

Adopted. 

The  House  recessed  at  6:20  p.m. 


RECESS 


SENATE  MESSAGES 

ACCEDE  REQUEST  FOR 

COMMITTEE  OF  CONFERENCE 

SB  9,  relative  to  the  sale  of  unvented 
space  heaters. 

The  President  appointed  Sens.  Conley, 
Rice  and  Wiggins. 

HB  10,  relative  to  amending  the 
operating  budget. 

The  President  appointed  Sens.  Monier, 
Bergeron  and  Sanborn. 


CONCURRENCE 

HB  32-FN,  establishing  the  ward  lines  in 
the  city  of  Nashua. 

HB  37-FN,  relative  to  the  representative 
districts  in  the  city  of  Keene. 

HB  39-FN,  establishing  the  ward  lines  in 
the  city  of  Concord  and  amending  the  charter 
of  said  city. 

HB  26-FN,  relative  to  radioactive  waste 
mainagement  and  making  an  appropriation 
therefor. 


HOUSE  RESOLUTION  NO.  12 


CONCURRENCE  WITH  AMENDMENTS 


on  the  death  of  the 
Honorable  Donald  H.  Smith  of  Harrington 

WHEREAS,  we  have  learned  with  sorrow  of 
the  death  of  Donald  H.  Smith,  Representative 
from  Harrington,  and 

WHEREAS,  Representative  Smith  served 
diligently  in  the  sessions  of  1977,  1979  and 
1981,  and 

WHEREAS,  he  served  on  the  Committee  on 
Executive  Departments  and  Administration  and 
then  two  terms  on  the  Committee  on 
Judiciary,  and 

WHEREAS,  in  the  1979  and  1981  sessions 
he  served  as  a  member  of  the  Executive 


SB  15-FN,  relative  to  the  assessment  of 
the  land  use  change  tax. 

SB"  18,  tmplementlng  the  state  solid 
waste  plan. 

SB  19-FN,  relative  to  the  dates  for  the 
collection  of  taxes  in  the  city  of  Dover. 


500  HOUSE  JOURNAL  8APR82 


NON  CONCURRENCE 

SB  16 ,    relative  to  zoning  changes  to 
accommodate  manufactured  housing,    and   the 
filling  of  vacancies  in  planning  board 
membership. 

INTRODUCTION  OF  SENATE  BILLS 
First,    second    reading  and    referral 

SB  8,    relative  to  criminal  commitments 
and  involuntary  civil  commitments. 
(Judiciary) 

SB  21 -FN,    relative  to  off-track  wagering 
and  making  an  appropriation  therefor. 
(Regulated  Revenues) 

ENROLLED  BILLS  REPORT 

SB  1,    reapportioning  the  state   senate 
districts. 

HB  2,    reapportioning  the  house  of 
representatives  and  delegates   to  state 
conventions. 

SB   19,    relative  to   the  dates   for  the 
collection  of  taxes  in  the  city  of  Dover. 
Rep.   Nancy  Baybutt 
Sen.   Laurier  Lamontagne 
For  the  Committee. 

RECESS 

(Rep.   Nardi  in  the  Chair) 

ENROLLED  BILLS  REPORT 

HB  26 ,    relative  to  the  establishment  of 
a  low-level  radioactive  waste  management 
task  force  and  making  an  appropriation 
therefor. 

HB  37,   relative  to   the   representative 
districts  in  the  city  of  Keene. 
Rep.   Nancy  Baybutt 
Sen.   Laurier  Lamontagne 
For  the   Committee. 

Reps.   Quay  and  Matson  offered  the 
following: 

RESOLVED,    that   in  accordance  with  the 
list  in  the  possession  of  the  clerk.    House 
Bill  numbered  45-FN,    its   introduction  having 
been  approved   by  the  Rules   Committee,   shall 
be  by  this   resolution  read  a  first  and 
second  time   by  the  therein   listed  title, 
sent   for  printing,   and  referred   to   the 
therein  designated  committee. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILL 
First,  second  reading  and  referral 

HB  45-FN,  establishing  the  ward  lines 
for  the  city  of  Portsmouth  and  amending  the 
charter  of  said  city.   (Sytek  of  Rockingham 
Dist.  5  -  To  Reapportionment) 

RECESS 

(Speaker  in  the  Chair) 

Rep.  Baybutt  moved  that  the  House 
adjourn. 

Adopted. 


501 


HOUSE 
JOURNAL  10 

Thursday  2  3 May 82 


The  House  assembled  at  11:00  a.m.,    and 
was  called  to  order  by  the  Speaker. 

Prayer  was  offered   by  the  House 
Chaplain,    Rev.  William  L.   Quirk. 

Let  us  Pray: 

Almighty  Father  in  heaven,  we  admit  we 
are  powerless  to  do  anything  without  Your 
help.  May  we  be  open  to  Your  assistance  so 
that  You  may  form  us  into  a  people  of  unity, 
justice  and  peace. 

May  those  who  are  prophetic  among  us 
stir  up  our  desire  to  join  one  another  in 
building  the  freedom  and  individual  dignity 
of  those  we  represent. 

Help  us  to  look  at  the  realities  of  this 
day,  that  we  may  assure  our  state  of  reform 
and  renewal  in  the  days  ahead.  Make  our 
leadership  wise,  our  membership  prudent  and 
our  citizenry  secure.  Amen. 

Rep.  Appleby  led  the  Pledge  of 
Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  Myrl  Eaton,  Kizala,  Howard  and 
Nelson  Chamber lin,  the  day,  illness. 

Rep.  Carpenito,  the  day,  illness  in  the 
family. 

Reps.  Van  Loan,  Krasker,  Dean,  Vlack, 
Crory,  Wallace,  Kaklamanos,  Amidon,  Bowes, 
Holmes,  Hanus,  Snell,  Katsiaficas,  Camuso, 
Grasso,  Lefebvre,  Gelinas,  Selma  Gould  and 
Eisengrein,  the  day,  important  business. 

Reps.  Daniell  and  Brodeur,  the  day, 
death  in  the  family. 

ENROLLED  BILLS  AMENDMENTS 

HB  32-FN,  establishing  the  ward  lines  in 
the  city  of  Nashua. 

Amendment 

Amend  1853,  1U014:3  WARD  1  as  inserted  by 
section  1  of  the  bill  by  striking  out  lines 
3,  ^   and  5  and  inserting  in  place  thereof 
the  following I 

the  B  &  M  railroad  tracks  to  the  centerline 
of  the  F.  E.  Everett  Turnpike;  south  along 
the  centerline  of  the  Nashua  river; 
southwest  along  the  centerline  of  the  Nashua 
river  to  the  Nashua 

Amend  1853,  I40i4:3  WARD  2  as  inserted  by 
section  1  of  the  bill  by  striking  out  lines 
3,  9  and  10  and  inserting  in  place  thereof 
the  following: 


along  the  Nashua  city  line  to  the  centerline 
of  Manchester  Street;  south  and 

centerline  of  the  Nashua  river  to  the  F.  E. 
Everett  Turnpike;  north  along  the  centerline 
of  the  turnpike  to  the  B  &  M  railroad 
tracks;  northwest  along 

Amend  1853,  1404:3  WARD  3  as  inserted  by 
section  1  of  the  bill  by  striking  out  lines 
5,  6  and  7  and  inserting  in  place  thereof 
the  following: 

centerline  of  Amherst  Street  to  Main  Street; 
south  along  the  centerline  of  Main  Street  to 
the  Nashua  river;  east  along  the  centerline 
of  the  Nashua  river  to  the  Merrimack  river; 
north  along  the  centerline  of  the  Merrimack 

Amend  1853,  1104:3  WARD  4  as  inserted  by 
section  1  of  the  bill  by  striking  out  lines 
3  and  7  and  inserting  in  place  thereof  the 
following: 

centerline  of  the  Nashua  river  to  the 
extended  centerline  of  Hillcrest  to  the 
Nashua  river.  East  along  the  centerline  of 
the  Nashua  river  to  the 

Amend  1853,  1404:3  WARD  5  as  inserted  by 
section  1  of  the  bill  by  striking  out  lines 
3,  5  and  8  and  inserting  in  place  thereof 
the  following: 

centerline  of  the  Nashua  river  to  the 
extended  centerline  of  North  Seventh 

along  the  centerline  of  North  Seventh 
Street,  Seventh  Street,  Havana  Street  and 
the  extended 

Dunstable  Road  to  the  F.  E.  Everett 
Turnpike,  south  along  the  centerline  of 

Amend  1853,  1404:3  WARD  6  as  inserted  by 
section  1  of  the  bill  by  striking  out  lines 
5  and  7  and  inserting  in  place  thereof  the 
following: 

along  the  centerline  of  Main  Street  to  the 
centerline  of  the  F.  E.  Everett  Turnpike; 
west  and  north  along  the  centerline  of  the 
F.  E.  Everett  Turnpike  to  the  point  of 
origin. 

Amend  1853,  1404:3  WARD  7  as  inserted  by 
section  1  of  the  bill  by  striking  out  line  3 
and  inserting  in  place  thereof  the  following: 

the  Merrimack  river;  south  along  the 
centerline  of  the  Merrimack  river  to 

Amend  1853,  1404:3  WARD  8  as  inserted  by 
decUon  1  of  the  bill  by  striking  out  line  8 
and  inserting  in  place  thereof  the  following: 

the  centerline  of  the  Merrimack  river  to  the 
Tyngsborough  town  line/New 

In  order  to  have  the  ward  lines  meet, 
descriptive  words  have  been  substituted  with 
the  word  "centerline"  to  be  uniform 
throughout  the  description  of  ward  lines. 

Adopted. 


502 


HOUSE  JOURNAL 13MAY82 


HB  11,  relative  to  amending  the  capital 

budget,  relative  to  foreign  trade  zones  and 

appropriating  funds  to  the  fish  and  game 
conmission. 

Amendment 

Amend  1981,  U32:2  as  amended  by  section 
5  of  the  bill  by  striking  out  line  5  and 
inserting  in  place  thereof  the  following: 

assurance  that  clear  title  to  the  land  can 
be  obtained  in  connection 

Amend  section  8  of  the  bill  by  striking 
out  line  6  and  inserting  in  place  thereof 
the  following: 

however,  that  the  bonds  issued  for  the 
purposes  of  subparagraph  I,  B  of 

Amend  RSA  9:18,  I  as  amended  by  section 
12  of  the  bill  by  striking  out  line  7  and 
inserting  in  place  thereof  the  following: 

satisfaction  or  fulfillment  of  such 
contractual  obligations. 


1  Reference  to  Buildings  Deleted. 
Amend  RSA  79-A:7,  IV(a)  (supp)  as  inserted 

This  amendment  corrects  the  amending 
language  to  section  1  of  the  bill. 
Adopted. 

SB  18,  implementing  the  state  solid 
waste  plan. 

Amendment 

Amend  section  5  of  the  bill  by  striking 
out  line   13  and   inserting  in  place  thereof 
the   following: 

the   board   pursuant    to  RSA   1^49-1  shall   not   be 
subject  to  challenge 

This  amendment  corrects  a  grammatical 
error  in  line   13  of  section  6  of  the   bill. 
Adopted. 


HB  39-FN,  establishing  the  ward  lines  in 
the  city  of  Concord  and  amending  the  charter 
of  said  city. 


Amend  paragraph  I  of  section  30  of  the 
bill  by  striking  out  line  one  and   inserting 
in  place  thereof  the   following: 

I.  Amend   1979,    435:1,    VII  C(  1  )   by 
striking  out  said  subparagraph 

Amend  paragraph  II  of  section  30  of  the 
bill  by  striking  out  line  one  and  inserting 
in  place  thereof  the   following: 

II.  Amend   1979,   ^435:8,   VII   C(5)   by 
striking  out  said  subparagraph 

Amend  the  bill  by  striking  out  section 
3U  and   inserting  in  place  thereof  the 
following: 

3'*     Section  Total  Amended.     Amend   the 
total  in  1981,    565:1    by  striking  out 
"$8,896,288"  and   inserting  in  place   thereof 
the  following  ($8,916,288). 

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

The   first  amendment  eliminates  a 
misprinted  word. 

The  second  amendment  corrects  a  citation. 

The  third  amendment  corrects  a 
misspelling. 

The   fourth  and   fifth  amendments  correct 
the  citation  of  subparagraphs  amended  by   the 
bill. 

The  sixth  amendment   inserts  a  section 
amending  a  total  in  the   198I   capital  budget 
which  was  affected  by  another  section  of 
this   bill,    but  which  was  overlooked. 

Adopted. 

SB  15,  relative  to  the  assessment  of  the 
land  use  change  tax. 

Amendment 

Amend  section  1  of  the  bill  by  striking 
out  line  1  and  inserting  in  place  thereof 
the  following: 


Amendment 

Amend  section  ^4  of  the  bill  by  striking 
out  lines  2  and  3  and  inserting  in  place 
thereof  the  following: 

inserted  by  1979,  436:1  as  amended  by 
striking  out  the  districts  for  Concord, 
being  13  to  16,  inclusive,  and  inserting  in 
place  thereof  the  following: 

Amend  section  11  of  the  bill  by  striking 
out  lines  2  and  3  and  inserting  in  place 
thereof  the  following: 

inserted  by  1979,  136:1  as  amended  by 
striking  out  the  delegates  for  Concord  and 
inserting  in  place  thereof  the  following: 

The  first  amendment  corrects  errors  in 
amending  language  and  in  district  numbers 
brought  about  by  HB  2  being  signed  into 
law.  The  second  amendment  corrects  a 
spelling  error  and  an  error  in  amending 
language  caused  by  the  passage  of  HB  2. 

Adopted. 

HB  3I-FN,  establishing  ward  lines  for 
the  city  of  Berlin. 

Amendment 

Amend  section  7  of  the  bill  by  striking 
out  lines  2,  3  and  4  and  inserting  in  place 
thereof  the  following: 

inserted  by  1979,  436:1  as  amended  by 
striking  out  the  district  for  Berlin,  being 
districts  8  through  12,  inclusive,  and 
inserting  in  place  thereof  the  following: 

Amend  section  8  of  the  bill  by  striking 
out  lines  2  and  3  and  inserting  in  place 
thereof  the  following: 

inserted  by  1979,  436:1  as  amended  by 
striking  out  the  delegates  for  Berlin  and 
inserting  in  place  thereof  the  following: 


HOUSE  JOURNAL 13MAY82 


503 


The  first  amendment  corrects  errors  in 
the  amending  language  and  in  the  numbering 
of  districts  caused  by  HB  2  becoming  law. 
The  second  amendment  corrects  an  error  in 
amending  language. 

Adopted. 

SENATE  MESSAGES 
REQUESTS  CONCURRENCE  WITH  AMENDMENT 

HB  i)1-FN,  to  conform  the  unemployment 
compensation  law  to  federal  requirements, 
(amendment  printed  SJ  4/8) 

Rep.  Skinner  moved  that  the  House  concur. 
Adopted. 

HB  27,  relative  to  educational  expenses 
for  certain  handicapped  children,  relative 
to  license  plates  for  handicapped  persons, 
relative  to  placement  of  minors  and  children 
in  foster  homes  and  relative  to  the  special 
education  program  of  the  child  and 
adolescent  unit  at  the  New  Hampshire 
hospital  and  making  an  appropriation 
therefor,   (amendment  printed  SJ  U/8) 

Rep.  William  Boucher  moved  that  the 
House  concur. 
Adopted. 

REQUESTS  COMMITTEE  OF  CONFERENCE 

SB  7,  relative  to  the  violation  of 
liquor  commission  rules  by  licensee  and 
permittees  and  the  suspension  of  a  drivers 
license  used  illegally  for  obtaining 
alcoholic  beverages. 

The  President  appointed  Sens.  Champagne, 
Lessard  and  Kelly. 

Rep.  Carswell  moved  that  the  House 
accede. 

Adopted. 

The  Speaker  appointed  Reps.  Sytek,  Lane, 
Ahlgren  and  Rounds. 

REQUESTS  CONCURRENCE 

SB  24,  relative  to  the  Pontook  dam 
project. 

INTRODUCTION  OF  SENATE  BILL 
First,  second  reading  and  referral 

SB  24,  relative  to  the  Pontook  dam 
project.   (Appropriations) 

COMMITTEE  REPORTS 
(Consent  Calendar) 

Rep.  French  moved  that  the  Consent 
Calendar  as  printed  in  the  day's  House 
Record  be  adopted. 

SB  8,  relative  to  criminal  commitments 
and  involuntary  civil  commitments,  was 
removed  at  the  request  of  Rep. 
Demetracopoulos. 

Adopted. 

SB  21 -FN,  relative  to  off-track  wagering 
and  making  an  appropriation  therefor. 
Inexpedient  to  Legislate. 

It  was  the  opinion  of  the  Committee  that 
this  bill  was  very  vague  in  mainy  areas. 


Everything  was  to  be  determined  by  the 
experts  on  the  Commission  to  manage  and 
administrate,  and  yet  there  weren't  any 
qualifications  for  the  commissioners. 
Also,  there  wasn't  any  reasonable  way  to 
determine  the  returns  to  the  State  of 
New  Hampshire.   In  general,  the  bill 
does  not  appear  to  be  in  the  best 
interests  of  the  citizens  of  the  State 
of  New  Hampshire.  Vote  15-2.  Rep.  Jean 
T.  White  for  Regulated  Revenues. 

COMMITTEE  REPORTS 
(Regular  Calendar) 

SB  24,  relative  to  the  Pontook  dam 
project.  Ought  to  Pass. 

Addresses  the  Pontook  Dam  issue  separate 
from  the  budget  bill  and  mandates  a 
public  hearing  as  recommended  by  the 
Supreme  Court.  Rep.  William  F.  Kidder 
for  Appropriations. 

Rep.  Kidder  explained  the  Committee 
report . 

Reps.  Oleson,  William  Russell,  Keller, 
Felch  and  Burns  spoke  in  favor  of  the  report 
and  yielded  to  questions. 

Reps.  Chardon  and  Dickinson  spoke 
against  the  report  and  yielded  to  questions. 

Reps.  Michael  King  and  Bowler  spoke 
against  the  report. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS  221   NAYS  97 

YEAS  221 

BELKNAP:  Birch,  French,  Holbrook,  Christina 
O'Neill,  Pearson,  Randall,  Rich  and  David 
Whittemore. 

CARROLL:  Barringer,  Chase,  Heath,  Howard, 
Keller,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Barber,  Baybutt,  Crane,  Jesse 
Davis,  Ernst,  Robert  Galloway,  Gordon, 
Johnson,  Kennedy,  Lane,  Matson,  Moore, 
Perry,  Proctor,  Margaret  Ramsay,  Scranton 
and  Jean  White. 

COOS:  Beaulac,  Brideau,  Brungot,  Burns, 
Chappell,  Chardon,  Richard  Demers,  Lawrence 
Guay,  Horton,  Langley,  George  Lemire, 
Mayhew,  Oleson,  Theriault,  Valliere,  Willey 
and  Wiswell. 

GRAFTON:   Buckman,  Christy,  Driscoll, 
LaMott,  Logan,  Look,  Mann,  Mansfield, 
Mclver,  Pepitone,  Seely,  Taffe,  Glyneta 
IhonsQiL,  Walter  and  Roger  Wood. 

HILLSBOROUGH:   Richard  Ahern,  Ahrens, 
Arnold,  Baker,  Bosse,  Bridgewater,  Burkush, 
Carpenter,  Carragher,  Carswell,  Casinghino, 
Charpentier,  Craig,  Cronin,  DeForte,  William 
Dion,  Dolbec,  Donovan,  Duffett,  Duval,  Clyde 
Eaton,  Joseph  Eaton,  Gagnon,  Richard  Galway, 
Granger,  James  Hardy,  Head,  Heald,  Healy, 
Howard  Humphrey,  Thoraas  Hynes,  Kashulines, 
Keefe,  Knight,  Labombarde,  Leclerc, 
Levesque,  Howard  Mason,  Mazur,  Murray, 


504 


HOUSE  JOURNAL 13MAY82 


Nardi,  Nemzoff,  Norman  Packard,  Aime 
Paradis,  Peters,  Peter  Ramsey,  Robie,  G. 
Philip  Rodgers,  William  Russell,  Sallada, 
Silva,  Steiner,  Stylianos,  James  Sullivan, 
Mary  Sullivan,  Tamposi,  Turgeon,  Vachon, 
Ware,  Emma  Wheeler,  Kenneth  Wheeler,  Robert 
Wheeler,  James  J.  White,  M.  Arnold  Wight  and 
Zajdel. 

MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  John  Gate,  Milton  Gate,  James 
Humphrey,  Kidder,  Locke,  Nichols,  Paire, 
Parker,  Rayno,  Doris  Riley,  Margaret 
Roberts,  William  Roberts,  Gerald  Smith, 
Stio,  Mary  Jane  Wallner,  Waters,  Ashton 
Welch  and  Zimmerman. 

ROCKINGHAM:  Benton,  Blanchette,  William 
Boucher,  Burdick,  Butler,  Cote,  Day, 
Ellyson,  Espinola,  Felch,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Greene, 
Gretsch,  John  Hynes,  Kane,  Kelley,  Roger 
King,  LoFranco,  Lovejoy,  Mace,  Robert  Mason, 
Kevins,  Newell,  Osborn,  Pantelakos,  Parr, 
Quimby,  Rand,  Scamman,  Schmidtchen, 
Schwaner,  Shurtleff,  Skinner,  Stimmell, 
Sytek,  Tavitian,  Vartanian,  Warburton  and 
Wolf sen. 


Myers,  Pevear,  Read,  Myrtle  Rogers,  Romoli, 
Tufts,  John  Walker,  Wojnowski,  Christopher 
Wood  and  Raymond  Wood . 

STRAFFORD:  Appleby,  Bouchard,  Brown, 
Chagnon,  James  Chamberlin,  Phyllis  DeNafio, 
Teresa  DeNafio,  Donnelly,  Gauvin,  Sohreiber, 
Lawrence  Smith  and  Whitehead. 

SULLIVAN:  Quinlan  and  Townsend,  and  SB  24 
was  ordered  to  third  reading. 

RECESS 

SENATE  MESSAGES 
CONCURRENCE 

HCR  1,  relative  to  public  participation 
in  the  development  and  review  of  federal 
block  grant  plans. 

NON  CONCURRENCE 

HE  36,  requiring  the  public  utilities 
commission  to  have  an  independent  risk 
analysis  study  and  a  separate  economic 
analysis  study  conducted  for  the  Seabrook 
Nuclear  Power  Plant. 


STRAFFORD:   Belhumeur,  Bernard,  Bickford, 
Blouin,  Creteau,  James  Demers, 
Demetracopoulos,  Albert  Dionne,  Anita  Flynn, 
Hennessey,  Kincaid,  Maglaras,  Meader, 
Pageotte,  Sackett,  Franklin  Torr  and  Ralph 
Torr. 

SULLIVAN:   Ardinger,  David  Campbell, 
Cutting,  D'Amante,  Gordon  Flint,  Forrest, 
Leonard  Gray,  Sim  Gray,  Ingram,  LeBrun, 
Palmer  and  Spaulding. 

NAYS  97 

BELKNAP:   Bolduc,  Bowler,  Gary  Dionne,  Earle 
Hardy,  Lamprey,  Rollins,  Sanders  and 
Zeckhausen. 

CARROLL:  Allen  and  Dickinson. 

CHESHIRE:  Daniel  Eaton,  Hickey,  Lynch, 
O'Connor,  William  Riley,  Rouillard  and 
Patricia  Russell. 

COOS :  None . 

GRAFTON:   Armstrong,  Chambers,  Copenhaver, 
Hammond,  Michael  King,  Lynde,  Melendy, 
Rounds  and  Ward. 

HILLSBOROUGH:   Abrams,  Debora  Ahern,  Ainley, 
Ford,  Hall,  Hendrick,  Horan,  Lawrence, 
McGlynn,  Messier,  Milton  Meyers,  Mulligain, 
Pariseau,  Pastor,  Plomaritis,  Denise  Raiche, 
Maureen  Raiche,  B.  P.  Smith,  Edward  Smith, 
Leonard  Smith,  Soucy,  Spirou  and  Winn. 

MERRIMACK:  Brady,  Carroll,  Degnan,  Lewis, 
Morse,  James  O'Neill,  David  Packard, 
Savaria,  Stark,  Lawrence  Sullivan,  Rick 
Trombly,  Underwood,  James  Whittemore  and 
Wiviott. 

ROCKINGHAM:  Appel,  Blake,  Marilyn  Campbell, 
Cotton,  Kenneth  Gould,  Hoar,  Hollingworth, 
Kozacka,  Leslie,  Joseph  MacDonald,  Norman 


INTRODUCTION  OF  GUESTS 

Mr.  and  Mrs.  Delbert  G.  Downing,  brother 
and  his  wife  of  Rep.  Downing;  John  Kane,  son 
of  Rep.  Kane;  Mr.  and  Mrs.  Raymond 
Carpenter,  parents  of  Rep.  Carpenter;  Robert 
Walker  and  David  Graves,  guests  of  Rep. 
Daniel  Eaton;  Mrs.  Gladys  Buck,  sister  of 
Rep.  Knight. 

COMMITTEE  OF  CONFERENCE  REPORT  ON  HB  10 

HB  10,  relative  to  amending  the 
operating  budget,   (printed  SJ  5/13) 

Rep.  Kidder  explained  the  report  and 
yielded  to  questions. 

Rep.  Margaret  Ramsay  explained  division 
one  of  the  report . 

Rep.  LaMott  explained  division  two  of 
the  report. 

Rep.  Scranton  explained  division  three 
of  the  report. 

Rep.  Peter  Ramsey  spoke  against  the 
report  and  yielded  to  questions. 

Rep.  Blake  spoke  to  the  report. 

Reps.  James  J.  White,  Rollins,  James 
O'Neill  and  David  Campbell  spoke  against 
the  report. 

Rep.  Sackett  spoke  in  favor  of  the 
report  and  yielded  to  questions. 

Reps.  Matson  and  Felch  spoke  in  favor  of 
the  report. 

Reps.  Heath  and  Matson  spoke  against  the 
report. 

Reps.  Kidder  and  LaMott  yielded  to 
questions. 

Rep.  Margaret  Ramsay  yielded  to 
questions. 

Reps.  Spirou  and  Hall  spoke  against  the 
report . 

(Speaker  Pro  Tem  in  the  Chair) 

Rep.  Bosse  spoke  against  the  report. 
^®Ps.  Johnson  and  Tucker  spoke  in  favor 
of  the  report. 


HOUSE  JOURNAL 13MAY82 


505 


Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

Rep.  Baybutt  requested  a  roll  call. 
Sufficiently  seconded. 


CHESHIRE:  Barber,  Daniel  Eaton,  Robert 
Galloway,  Hickey,  Kennedy,  Lynch,  Matson, 
Proctor,  William  Riley,  Rouillard  and 
Patricia  Russell. 


(Speaker  presiding) 

YEAS  176  NAYS  156 

YEAS  176 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Holbrook,  Lamprey,  Christina  O'Neill, 
Pearson,  Rich  and  Zeckhausen. 

CARROLL:  Barringer,  Chase,  Dickinson, 
Howard,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:   Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Gordon,  Johnson,  Lane,  Moore, 
O'Connor,  Perry,  Margaret  Ramsay,  Scranton 
and  Jean  White. 

COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Horton,  Langley,  George  Lemire,  Mayhew, 
Oleson,  Valliere,  Willey  and  Wiswell. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Driscoll,  LaMott,  Logan,  Look,  Mann, 
Mansfield,  Mclver,  Pepitone,  Rounds,  Taffe, 
Glyneta  Thomson,  Walter  and  Ward. 

HILLSBOROUGH:   Ahrens,  Ainley,  Bridgewater, 
Carragher,  Carswell,  Charpentier,  Craig, 
Dolbec,  Duffett,  Clyde  Eaton,  Joseph  Eaton, 
Ford,  Granger,  James  Hardy,  Head,  Heald, 
Howard  Humphrey,  Thomas  Hynes,  Kashulines, 
Keefe,  Knight,  Lawrence,  Leclerc,  Martineau, 
Howard  Mason,  Milton  Meyers,  Murray,  Norman 
Packard,  Aime  Paradis,  Pariseau,  Peters,  G. 
Philip  Rodgers,  William  Russell,  Sallada, 
Silva,  B.  P.  Smith,  Leonard  Smith,  Steiner, 
Stone,  Stylianos,  James  Sullivan,  Tamposi, 
Emma  Wheeler,  Kenneth  Wheeler  and  M.  Arnold 
Wight. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  John 
Gate,  James  Humphrey,  Kidder,  Lewis,  Locke, 
Nichols,  David  Packard,  Rayno,  Doris  Riley, 
Margaret  Roberts,  William  Roberts,  Stark, 
Stio,  Underwood,  Waters,  Wiviott  and 
Zimmerman. 

ROCKINGHAM:  Appel,  Benton,  Blake,  William 
Boucher,  Butler,  Carpenito,  Cote,  Day, 
Downing,  Ellyson,  Felch,  Flanagan,  Flanders, 
Beverly  Gage,  Thomas  Gage,  Kenneth  Gould, 
Greene,  Gretsch,  Kane,  Kelley,  Roger  King, 
Lockhart,  Lovejoy,  Mace,  Robert  Mason, 
Norman  Myers,  Nevins,  Newell,  Parr,  Quimby, 
Rand,  Romoli,  Scamman,  Schmidtchen, 
Schwaner,  Skinner,  Stimmell,  Sytek, 
Tavitian,  Tufts,  Vartanian  and  Wolfsen. 

STRAFFORD:   Appleby,  Brown,  James 

Chamber lin,  Meader,  Sacl^ett,  Lawreace  Smith 

and  Franklin  Torr. 

SULLIVAN:   Cutting,  Leonard  Gray,  Ingram, 
Palmer,  Quinlan,  Spaulding  and  Townsend. 

NAYS   156 

BELKNAP:  Bolduc,  Bowler,  Gary  Dionne, 
Randall,  Rollins,  Sanders  and  David 
Whittemore. 

CARROLL:  Allen,  Heath  and  Keller. 


COOS:  Beaulac,  Brideau,  Theriault  and  York. 

GRAFTON:   Chambers,  Copenhaver,  Hammond, 
Michael  King,  Lynde,  Melendy  and  Seely. 

HILLSBOROUGH:   Abrams,  Debora  Ahern,  Richard 
Ahern,  Ahlgren,  Arnold,  Baker,  Boisvert, 
Bosse,  Buri<ush,  Carpenter,  Casinghino, 
Cronin,  Crotty,  DeForte,  William  Dion, 
Donovan,  Duval,  Gagnon,  Richard  Galway, 
Hall,  Healy,  Hendrick,  Horan,  Labombarde, 
LaPierre,  Levesque,  Madigan,  Mazur,  McGlynn, 
Messier,  Mulligan,  Nardi,  Naro,  Nemzoff, 
Pastor,  Plomaritis,  Denise  Raiche,  Maureen 
Raiche,  Peter  Ramsey,  Robie,  Edward  Smith, 
Soucy,  Spirou,  Mary  Sullivan,  Sweeney, 
Turgeon,  Vachon,  Vergas,  Ware,  Watson, 
Bernice  Welch,  Robert  Wheeler,  James  J. 
White,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Brady,  Carroll, 
Milton  Gate,  Degnan,  Morse,  James  O'Neill, 
Paire,  Parker,  Savaria,  Gerald  Smith, 
Lawrence  Sullivan,  Rick  Trombly,  Mary  Jane 
Wallner,  Ashton  Welch  and  James  Whittemore. 

ROCKINGHAM:  Blanchette,  Burdick,  Marilyn 
Campbell,  Connors,  Cotton,  Espinola,  Hoar, 
Hollingworth,  John  Hynes,  Kozacka,  Leslie, 
LoFranco,  Joseph  MacDonald,  Osborn, 
Pantelakos,  Pevear,  Read,  Myrtle  Rogers, 
Shurtleff,  Splaine,  Warburton,  Wojnowski, 
Christopher  Wood,  Raymond  Wood  and  Woodman. 

STRAFFORD:   Belhumeur,  Bernard,  Bickford, 
Blouin,  Bouchard,  Chagnon,  Creteau,  James 
Demers,  Demetracopoulos,  Phyllis  DeNafio, 
Teresa  DeNafio,  Albert  Dionne,  Donnelly, 
Drew,  Anita  Flynn,  Gauvin,  Hennessey, 
Kincaid,  Maglaras,  Schreiber,  Ralph  Torr  and 
Whitehead. 

SULLIVAN:   Ardinger,  David  Campbell, 
D'Amante,  Forrest,  Sim  Gray  cind  LeBrun,  and 
the  report  was  adopted. 

Reps.  Richard  Demers  and  Roger  Wood 
notified  the  Clerk  that  they  wished  to  be 
recorded  in  favor  of  the  Committee  of 
Conference  report  on  HB  10. 

Rep.  Pearson  wished  to  be  recorded 
against  sections  46  and  148-150;  Rep. 
Buckqjan  wished  to  be  recorded  against 
section  3;  Rep.  Franklin  Torr  wished  to  be 
recorded  against  sections  70,  71,  72  and 
148-150;  Rep.  Greene  wished  to  be  recorded 
against  section  106;  Rep.  Armstrong  wished 
to  be  recorded  against  sections  70,  71,  72 
and.  152;  Sep*  Felch  wished  to  be  recorded 
against  section  6;  Rep.  Walker  wished  to  be 
recorded  against  sections  27,  70,  71,  72, 
148-150  and  156;  Rep.  Willey  wished  to  be 
recorded  against  sections  46  and  70,  71  and 
72;  Rep.  Brungot  wished  to  be  recorded 
sigainst  sections  70,  71  and  72;  Rep. 
Valliere  wished  to  be  recorded  against 
sections  70,  71  and  72;  Rep.  Jean  White 
wished  to  be  recorded  against  sections  31, 
164  and  155;  Rep.  Spaulding  wished  to  be 
recorded  against  sections  11,  70,  71  and  72; 


506 


HOUSE  JOURNAL  13MAY82 


Rep.  Vachon  wished  to  be  recorded  against 
sections  2-198;  Rep.  Kashulines  wished  to  be 
recorded  against  sections  70,  71  and  72; 
Rep.  Lamprey  wished  to  be  recorded  against 
sections  31.  70  and  71;  Rep.  Donalda  Howard 
wished  to  be  recorded  against  section  27; 
Rep.  Perry  wished  to  be  recorded  against 
sections  31,  70,  71  and  72;  Rep.  Blake 
wished  to  be  recorded  against  sections 
148-150;  Rep.  Sackett  wished  to  be  recorded 
against  sections  31,  47,  148,  149,  168  and 
169;  Rep.  Christy  wished  to  be  recorded 
against  section  31;  Rep.  Glyneta  Thomson 
wished  to  be  recorded  against  sections  27, 
31  and  70,  71  and  72;  Rep.  Benton  wished  to 
be  recorded  against  sections  14,  149  and 
150;  Rep.  Norman  Myers  wished  to  be  recorded 
against  sections  33,  47  and  168;  Rep. 
Nichols  wished  to  be  recorded  against 
sections  31-11,  71-1,  152-V;  Rep.  Skinner 
wished  to  be  recorded  against  sections  31, 
47,  71,  152,  168  and  169;  Rep.  Thomas  Gage 
wished  to  be  recorded  against  sections  3,  72 
(eff.  date)  134,  152  and  168;  Rep.  Carswell 
wished  to  be  recorded  against  section  31; 
Rep.  Tamposi  wished  to  be  recorded  against 
sections  71  and  148;  Rep.  Chase  wished  to  be 
recorded  against  sections  3,  70,  71  and  72; 
Rep.  Christina  O'Neill  wished  to  be  recorded 
against  sections  1:   1.0406,  42-11  and 
152-VI;  Rep.  Newell  wished  to  be  recorded 
against  sections  31  and  152;  Rep.  Earle 
Hardy  wished  to  be  recorded  against  section 
46;  Rep.  Tavitian  wished  to  be  recorded 
against  sections  70,  71,  72  and  152;  Rep. 
Dolbec  wished  to  be  recorded  against 
sections  4,  5,  6,  7,  70,  71,  72  and  152; 
Rep.  Fred  Murray  wished  to  be  recorded 
against  sections  22:  458:47,  31,  70,  71,  72 
and  152;  Rep.  Steiner  wished  to  be  recorded 
against  section  152-IX;  Rep.  Zimmerman 
wished  to  be  recorded  against  sections  31, 
46,  148-150  and  152;  Rep.  Margaret  Roberts 
wished  to  be  recorded  aigainst  sections  31, 
70,  71,  72,  148-150  and  152;  Rep.  Gretsch 
wished  to  be  recorded  against  section  6; 
Rep.  Lewis  wished  to  be  recorded  against 
section  183;  Rep.  William  Russell  wished  to 
be  recorded  against  section  3;  Rep.  Mason 
wished  to  be  recorded  against  section  3; 
Rep.  Barringer  wished  to  be  recorded  against 
sections  70,  71  and  72;  Rep.  William  Roberts 
wished  to  be  recorded  against  section  3; 
Rep.  Appleby  wished  to  be  recorded  against 
sections  70,  71  and  72;  Rep.  Bibbo  wished  to 
be  recorded  against  section  152;  Rep.  Kane 
wished  to  be  recorded  against  sections 
148-150  of  the  Committee  of  Conference 
report  on  HB  10. 

COMMITTEE  REPORTS  (cont.) 

SB  8,  relative  to  criminal  commitments 
and  involuntarjr  civil  commitments.  Ou^ht  to 
rcioo. 

SB.  8  provides  criteria  for  determining 
dangerousness  and  also  extends  the 
duration  of  the  commitment  order  from 
two  years  to  five  years.  These  changes 
have  been  considered  by  the  New 
Hampshire  Supreme  Court  and  have  been 
found  acceptable.  Vote  8-3-  Rep. 
Kendall  W.  Lane  for  Judiciary. 


Rep.  Demetracopoulos  spoke  to  the 
committee  report. 

Ordered  to  third  reading. 

HB  43-FN,  relative  to  election  of 
representatives  to  the  general  court  from 
Dover.  Ought  to  Pass  with  Amendment. 

Amendment  conforms  Rochester  and 

Strafford  districts  to  HB  2,  now  law. 

Vote  14-6.  Rep.  Russell  C.  Chase  for 

Reapportionment . 

Amendment 
Amend  RSA  662:5,  IX,  District  15  as 
Inserted  by  section  1  of  the  bill  by 
striking  out  said  district  and  inserting  in 
place  thereof  the  following: 

District  No.  15 


Strafford 
Rochester 


District  No.    16 
Rochester 


Wards  3  and  4 


Wards   1 ,    2  and  5   5 


Amendment  adopted. 

Rep.  Norman  Packard  offered  an  amendment. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  election  of  representatives 

to  the  general  court  from  Dover 

and  Manchester. 

Amend  the  bill  by  striking  out  all  after 
section  1  and  inserting  in  place  thereof  the 
following: 

2  Manchester.   Amend  RSA  662:5,  VI 
(Supp)  as  Inserted  by  1979,  436:1  as  amended 
by  striking  out  the  districts  for 
Manchester,  being  districts  29  to  38, 
inclusive,  and  inserting  in  place  thereof 
the  following: 


Dlstr 
Distr 
Dlstr 
Distr 
Distr 
Distr 
Distr 
Dlstr 
Dlstr 
Distr 
Distr 
Distr 
Distr 
Distr 


let  No. 
let  No. 
let  No. 
let  No. 
let  No. 
let  No. 
let  No. 
ict  No. 
let  No. 
let  No. 
let  No. 
let  No. 
ict  No. 
let  No. 


29  Manchester 

30  Manchester 

31  Manchester 

32  Manchester 

33  Manchester 

34  Manchester 

35  Manchester 

36  Manchester 

37  Manchester 

38  Manchester 

39  Manchester 

40  Manchester 

41  Manchester 

42  Manchester 


Ward  1 
Ward  2 
Ward  6 

Wards  2  and  6 
Ward  3 
Ward  4 
Ward  5 
Ward  7 
Ward  8 
Ward  9 

Wards  8  and  9 
Wara  il. 
Ward  11 
Ward  12 


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

Hearing  no  objection,  the  Chair 
dispensed  with  the  reading  of  the  amendment. 

Rep.  Norman  Packard  explained  his 
amendment  and  yielded  to  questions. 


HOUSE  JOURNAL  13MAY82 


507 


Rep.   Nardi  spoke  against   the  amendment. 

Reps.   Bridgewater  and  Sytek   spoke  in 
favor  of  the  amendment. 

A  roll  call  vas  requested.     Sufficiently 
seconded. 


SULLIVAN:      Ardinger,    Cutting,    D'Amante, 
Forrest,    Leonard  Gray,    Sim  Gray,    Ingram, 
Palmer,   Spaulding  eind  Townsend. 

NAYS     93 


(Speaker  presiding) 

YEAS  225  NAYS  93 

YEAS  225 

BELKNAP:   Birch,  Bowler,  Gary  Dionne, 
French,  Earle  Hardy,  Holbrook,  Lamprey, 
Christina  O'Neill,  Pearson,  Randall,  Rich, 
Rollins,  David  Whittemore  and  Zeckhausen. 

CARROLL:   Allen,  Barringer,  Chase, 
Dickinson,  Heath,  Howard,  Keller,  Kenneth 
MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Robert  Galloway,  Gordon,  Johnson, 
Lane,  Moore,  O'Connor,  Perry,  Scranton  and 
Jean  White. 

COOS:  Beaulac,  Brungot,  Bums,  Chappell, 
Chardon,  Richard  Demers,  Horton,  Langley, 
Oleson,  Willey,  Wiswell  and  York. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Driscoll,  Hammond,  LaMott,  Logan,  Look, 
Mann,  Mansfield,  Mclver,  Melendy,  Pepitone, 
Rounds,  Taffe,  Glyneta  Thomson,  Walter,  Ward 
and  Roger  Wood. 

HILLSBOROUGH:   Richard  Ahem,  Ahrens, 
Ainley,  Boisvert,  Bosse,  Bridgewater, 
Carpenter,  Carragher,  Carswell,  Charpentier, 
Craig,  Cronin,  Dolbec,  Duffett,  Clyde  Eaton, 
Joseph  Eaton,  Ford,  Richard  Galway,  Granger, 
Hall,  Head,  Heald,  Healy,  Horan,  Howard 
Humphrey,  Thomas  Hynes,  Kashulines,  Keefe, 
Knight,  Labombarde,  LaPierre,  Lawrence, 
Levesque,  Martineau,  Howard  Mason,  Mazur, 
Messier,  Murray,  Norman  Packard,  Aime 
Farad  is,  Pariseau,  Peters,  Denise  Raiche, 
Maureen  Raiche,  G.  Philip  Rodgers,  William 
Russell,  Sallada,  Silva,  B.  P.  Smith,  Stone, 
Stylianos,  Mary  Sullivan,  Tamposi,  Turgeon, 
Vachon,  Vergas,  Ware,  Watson,  Emma  Wheeler, 
Kenneth  Wheeler,  M.  Arnold  Wight  and  Zajdel. 

MERRIMACK:   Bibbo,  Laurent  Boucher,  Brady, 
John  Gate,  Milton  Gate,  James  Humphrey, 
Kidder,  Locke,  Nichols,  David  Packard, 
Paire,  Parker,  Rayno,  Doris  Riley,  Margaret 
Roberts,  William  Roberts,  Savaria,  Gerald 
Smith,  Stark,  Stio,  Waters,  Ashton  Welch, 
James  Whittemore,  Wiviott  and  Zimmerman, 

ROCKINGHAM:   Appel,  Benton,  Blake,  William 
Boucher,  Burdick,  Butler,  Marilyn  Campbell, 
Cote,  Day,  Ellyson,  Espinola,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gouldj  Greene,  Gretsch,  Hoar,  Kane,  Kelley, 
Roger  King,  Lockhart,  LoFranco,  Lovejoy, 
Mace,  Robert  Mason,  Norman  Myers,  Nevins, 
Newell,  Osborn,  Parr,  Qulmby,  Rand,  Myrtle 
Rogers,  Scamman,  Schmidtchen,  Schwaner, 
Shurtleff,  Skinner,  Splaine,  Stimmell, 
Sytek,  Tavitian,  Tufts,  Vartanian, 
Warburton,  Raymond  Wood  and  Woodman. 

STRAFFORD:   Appleby,  Blckford,  Bouchard, 
Brown,  James  Chamberlin,  Albert  Dionne, 
Gauvin,  Meader,  Sackett,  Lawrence  Smith, 
Franklin  Torr  and  Ralph  Torr. 


BELKNAP:   Bolduc. 

CARROLL :  None . 

CHESHIRE:  Daniel  Eaton,  Hickey,  Lynch, 
Matson,  Proctor,  Margaret  Ramsay,  William 
Riley,  Rouillard  and  Patricia  Russell. 

COOS:  George  Lemire,  Mayhew  and  Theriault. 

GRAFTON:   Chambers,  Copenhaver,  Michael  King 
and  Seely. 

HILLSBOROUGH:   Abrams,  Debora  Ahern, 
Ahlgren,  Arnold,  Baker,  Burkush,  Casinghino, 
Grotty,  DeForte,  William  Dion,  Donovan, 
Duval,  Gagnon,  Hendrick,  Leclerc,  McGlynn, 
Mulligan,  Nardi,  Naro,  Nemzoff,  Pastor, 
Plomaritis,  Peter  Ramsey,  Robie,  Edward 
Smith,  Leonard  Smith,  Soucy,  Spirou,  James 
Sullivan,  Sweeney,  Bernice  Welch,  Robert 
Wheeler  and  Winn. 

MERRIMACK:   Bellerose,  Carroll,  Danlell, 
Degnan,  Morse,  James  O'Neill,  Lawrence 
Sullivan,  Rick  Trorably,  Underwood  and  Mary 
Jane  Wallner. 

ROCKINGHAM:  Blanchette,  Carpenito,  Connors, 
Cotton,  Downing,  Hollingworth,  John  Hynes, 
Kozacka,  Leslie,  Joseph  MacDonald, 
Pantelakos,  Pevear,  Read,  Romoli,  Wojnowski 
and  Christopher  Wood. 

STRAFFORD:  Belhumeur,  Bernard,  Blouin, 
Chagnon,  James  Demers,  Demetracopoulos, 
Phyllis  DeNafio,  Teresa  DeNafio,  Donnelly, 
Drew,  Anita  Flynn,  Hennessey,  Maglaras, 
Schreiber  and  Whitehead. 

SULLIVAN:   David  Campbell  and  LeBrun,  and 
the  amendment  was  adopted. 

Rep.  Norman  Packard  offered  a  second 
amendment . 

Amendment 
Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  election  of  representatives 

to  the  general  court  from  Dover  and 

establishing  ward  lines  for  the 

city  of  Manchester  and  amending 

its  charter. 

Amend   the   bill   by  striking  out  all   of 
section  2  and   inserting  in  place   thereof  the 
following: 

3     City  of  Manchester;   Ward  Lines. 
Amend   1915,    274:1   as  amended   by   1941,    279:1 
and  2  and   by   1971,    586:1    by  striking  out 
said  section  and   inserting  in  place   thereof 
the   following: 


508 


HOUSE  JOURNAL 13MAY82 


274:1  The  ward  lines  of  the  city  of 
Manchester  are  hereby  changed  and  the  said 
city  divided  into  12  wards,  which  shall  be 
constituted  as  follows: 

Ward  No.  1  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:   Beginning  at  a  point  on  the 
Manchester-Hooksett  town  line,  at  its 
intersection  with  the  center  line  of 
Interstate  93,  thence  southeasterly  by  the 
center  line  of  Interstate  93  to  the  center 
line  of  Smyth  road  thence  southwesterly  by 
the  center  line  of  Smyth  road  to  the  center 
line  of  Webster  street;  thence  westerly  by 
the  center  line  of  Webster  street  to  the 
center  line  of  Walnut  street;  thence 
northerly  by  the  center  line  of  Walnut 
street  to  the  center  line  of  E.  Clarke 
street;  thence  westerly  by  the  center  line 
of  E.  Clarke  street  to  the  center  line  of 
Union  street;  thence  northerly  by  the  center 
line  of  Union  street  to  the  center  line  of 
Clarke  street;  thence  westerly  by  the  center 
line  of  Clarke  street  and  W.  Clarke  street 
to  the  center  line  of  the  Merrimack  River; 
thence  upstream  along  the  center  line  of  the 
Merimack  River  to  the  Manchester-Hooksett 
town  line;  thence  continuing  northeasterly, 
southerly,  and  southeasterly  by  the 
Manchester-Hooksett  town  line  to  the  center 
line  of  interstate  93,  the  point  of 
beginning. 

Ward  No.  2  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  a  point  at  the 
intersection  of  the  center  line  of  Mammoth 
road  and  interstate  93;  thence  northwesterly 
by  the  center  line  of  interstate  93  to  the 
Manchester-Hooksett  town  line;  thence 
southeasterly  by  the  Manchester-Hooksett 
town  line  to  the  Manchester-Auburn  town 
line;  thence  southerly  by  the 
Manchester-Auburn  town  line  to  the  center  of 
Route  101;  thence  southwesterly  by  the 
center  line  of  Route  101  to  its  intersection 
with  the  center  line  of  interstate  93; 
thence  northwesterly  by  the  center  line  of 
interstate  93  to  the  center  line  of  Old 
Wellington  road;  thence  southwesterly  by  the 
center  line  of  Old  Wellington  road  to  the 
center  line  of  Mammoth  road  at  its 
intersection  with  the  center  line  of  Bridge 
street;  thence  westerly  by  the  center  line 
of  Bridge  street  to  the  center  line  of  Union 
street;  thence  northerly  by  the  center  line 
of  Union  street  to  the  center  line  of 
Webster  street;  thence  easterly  by  the 
center  line  of  Webster  street  to  the  center 
line  of  Smyth  road;  thence  northeasterly  by 
the  center  line  of  Smyth  road  to  the  center 
line  of  Mannoth  road;  thence  northeasterly 
by  the  center  line  of  Mammoth  road  to  the 
center  line  of  interstate  93,  the  point  of 
beginning. 

Ward  No.  3  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
center  line  of  Webster  street  and  the  center 
line  of  Walnut  street;  thence  westerly  by 
the  center  line  of  Webster  street  to  the 
center  line  of  Union  street;  thence 
southerly  by  the  center  line  of  Union  street 
to  the  center  line  of  Silver  street;  thence 
westerly  by  the  center  line  of  Silver  street 
and  Silver  street  extended  to  the  center 


line  of  the  Merrimack  River;  thence  upstream 
by  the  center  line  of  the  Merrimack  River  to 
its  intersection  with  the  center  line  of 
West  Clarke  street  extended;  thence  easterly 
by  the  center  line  of  W.  Clarke  street  and 
Clarke  street  to  the  center  line  of  Union 
street;  thence  southerly  by  the  center  line 
of  Union  street  to  the  center  line  of  East 
Clarke  street;  thence  easterly  to  the  center 
line  of  Walnut  street;  thence  southerly  by 
the  center  line  of  Walnut  street  to  the 
center  line  of  Webster  stree't,  the  point  of 
beginning. 

Ward  No.  4  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
center  line  of  Union  street  and  the  center 
line  of  Bridge  street;  thence  easterly  by 
the  center  line  of  Bridge  street  to  the 
center  line  of  Mammoth  road  at  its 
Intersection  with  the  center  line  of  Old 
Wellington  road;  thence  northeasterly  by  the 
center  line  of  Old  Wellington  road  to  the 
center  line  of  Bridge  street  Extension; 
thence  southeasterly  by  the  center  line  of 
Bridge  street  Extension  to  the  center  line 
of  Rhode  Island  avenue;  thence  southerly  by 
the  center  line  of  Rhode  Island  avenue  to 
the  center  line  of  Hanover  street;  thence 
northwesterly  by  the  center  line  of  Hanover 
street  to  the  center  line  of  Lake  avenue; 
thence  westerly  by  the  center  line  of  Lake 
avenue  to  the  center  line  of  Kenney  street; 
thence  northerly  by  the  center  line  of 
Kenney  street  to  the  center  line  of  Laurel 
street;  thence  westerly  by  the  center  line 
of  Laurel  street  to  the  center  line  of  Maple 
street;  thence  southerly  by  the  center  line 
of  Maple  street  to  the  center  line  of 
Central  street;  thence  westerly  by  the 
center  line  of  Central  street  to  the  center 
line  of  Union  street;  thence  northerly  by 
the  center  line  of  Union  street  to  the 
center  line  of  Bridge  street,  the  point  of 
beginning. 

Ward  No.  5  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
center  line  of  Central  street  with  the 
center  line  of  Union  street;  thence  easterly 
by  the  center  line  of  Central  street  to  the 
center  line  of  Maple  street;  thence 
northerly  by  the  center  line  of  Maple  street 
to  the  center  line  of  Laurel  street;  thence 
easterly  by  the  center  line  of  Laurel  street 
to  the  center  line  of  Kenney  street;  thence 
southerly  by  the  center  line  of  Kenney 
street  to  the  center  line  of  Lake  avenue; 
thence  easterly  by  the  center  line  of  Lake 
avenue  to  the  center  line  of  Grand  avenue; 
thence  southerly  by  the  center  line  of  Grand 
avenue  to  the  center  line  of  the  B  &  M 
railroad  tracks;  thence  southwesterly  by  the 
centsr  line  of  the  B  &  M  railroad  tracks  to 
the  center  line  of  Mammoth  road;  thence 
southerly  by  the  center  line  of  Mammoth  road 
to  the  center  line  of  Hayward  street;  thence 
westerly  by  the  center  line  of  Hayward 
street  to  the  center  line  of  Porter  street; 
thence  northerly  by  the  center  line  of 
Porter  street  to  the  center  line  of 
Massabesic  street;  thence  northwesterly  by 
the  center  line  of  Massabesic  street  to  the 
center  line  of  Valley  street;  thence 
westerly  by  the  center  line  of  Valley  street 


HOUSE  JOURNAL  13MAY82 


509 


to  the  center  line  of  Taylor  street;  thence 
southerly  by  the  center  line  of  Taylor 
street  to  the  center  line  of  Hayward  street; 
thence  westerly  by  the  center  line  of 
Hayward  street  to  the  center  line  of  Union 
street;  thence  northerly  by  the  center  line 
of  Union  street  to  the  center  line  of 
Central  street,  the  point  of  beginning. 

Ward  No.  6  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  a  point  on  the 
Manchester-Auburn  town  line  at  its 
intersection  with  the  center  line  of  Route 
101;  thence  southerly  by  the 
Manchester-Auburn  town  line  to  the 
Manchester-Londonderry  town  line,  thence 
southerly  and  westerly  by  the 
Manchester-Londonderry  town  line  to  the 
center  line  of  Interstate  93;  thence 
northwesterly  by  the  center  line  of 
Interstate  93  and  Interstate  193  to  the 
center  line  of  South  Mammoth  road;  thence 
northwesterly  by  the  center  line  of  South 
Manmoth  road  to  the  center  line  of  Cilley 
road;  thence  westerly  by  the  center  line  of 
Cilley  road  to  the  center  line  of  Porter 
street;  thence  northerly  and  northeasterly 
by  the  center  line  of  Porter  street  to  the 
center  line  of  Hayward  street;  thence 
easterly  by  the  center  line  of  Hayward 
street  to  the  center  line  of  Mammoth  road; 
thence  northerly  by  the  center  line  of 
Mammoth  road  to  the  center  line  of  the  B  &  M 
railroad  tracks,  thence  northeasterly  by  the 
center  line  of  the  B  &  M  railroad  tracks  to 
the  center  line  of  Grand  avenue;  thence 
northerly  by  the  center  line  of  Grand  avenue 
to  the  center  line  of  Lake  avenue;  thence 
northeasterly  by  the  center  line  of  Lake 
avenue  to  the  center  line  of  Hanover  street; 
thence  easterly  by  the  center  line  of 
Hanover  street  to  the  center  line  of  Rhode 
Island  avenue;  thence  northerly  by  the 
center  line  of  Rhode  Island  avenue  to  the 
center  line  of  Bridge  street  extension; 
thence  northwesterly  by  the  center  line  of 
Bridge  street  extension  to  the  center  line 
of  Old  Wellington  road;  thence  northeasterly 
by  the  center  line  of  Old  Wellington  road  to 
the  center  line  of  Interstate  93;  thence 
southeasterly  by  the  center  line  of 
Interstate  93  to  the  center  line  of  Route 
101;  thence  northeasterly  by  the  center  line 
of  Route  101  to  the  Manchester-Auburn  town 
line,  the  point  of  beginning. 

Ward  No.  7  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:   Beginning  at  the  intersection  of  the 
center  line  of  Massabesic  street  with  the 
center  line  of  Porter  street;  thence 
southerly  by  the  center  line  of  Porter 
street  to  the  center  line  of  Cilley  road; 
thence  westerly  by  the  center  line  of  Cilley 
Eoad  to  the  center  line  of  So.  Jewett 
street;  thence  southerly  by  the  center  line 
of  So.  Jewett  street  to  the  center  line  of 
Holly  avenue;  thence  westerly  by  the  center 
line  of  Holly  avenue  to  the  center  line  of 
So.  Taylor  street;  thence  southerly  by  the 
center  line  of  So.  Taylor  street  to  the 
center  line  of  Brunelle  avenue;'  thence 
westerly  by  the  center  line  of  Brunelle 
avenue  to  the  center  line  of  So.  Lincoln 
street;  thence  northerly  by  the  center  line 
of  So.  Lincoln  street  to  the  center  line  of 


Cilley  road;  thence  westerly  by  the  center 
line  of  Cilley  road  and  Queeen  City  avenue 
to  the  center  line  of  Elm  street;  thence 
northerly  by  the  center  line  of  Elm  street 
to  the  center  line  of  Silver  street 
extended;  thence  southeasterly  and  easterly 
by  the  center  line  of  Silver  street  extended 
and  Silver  street  to  the  center  line  of 
Union  street;  thence  northerly  by  the  center 
line  of  Union  street  to  the  center  line  of 
Hayward  street;  thence  easterly  by  the 
center  line  of  Hayward  street  to  the  center 
line  of  Taylor  street;  thence  northeasterly 
by  the  center  line  of  Taylor  street  to  the 
center  line  of  Valley  street;  thence 
easterly  by  the  center  line  of  Valley  street 
to  the  center  line  of  Massabesic  street; 
thence  southeasterly  by  the  center  line,  of 
Massabesic  street  to  the  center  line  of 
Porter  street,  the  point  of  beginning. 

Ward  No.  8  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
center  line  of  Brunelle  avenue  and  the 
center  line  of  So.  Lincoln  street;  thence 
easterly  by  the  center  line  of  Brunelle 
avenue  to  the  center  line  of  So.  Taylor 
street;  thence  northerly  by  the  center  line 
of  So.  Taylor  street  to  the  center  line  of 
Holly  avenue;  thence  easterly  by  the  center 
line  of  Holly  avenue  to  the  center  line  of 
So.  Jewett  street;  thence  northerly  by  the 
center  line  of  So.  Jewett  street  to  the 
center  line  of  Cilley  road;  thence  easterly 
by  the  center  line  of  Cilley  road  to  the 
center  line  of  South  Mammoth  road;  thence 
southeasterly  by  the  center  line  of  South 
Mammoth  road  to  the  center  line  of 
Interstate  193;  thence  easterly  and 
southeasterly  by  the  center  line  of 
interstate  193  and  interstate  93  to  the 
Manchester-Londonderry  town  line;  thence 
westerly  and  southerly  by  the 
Manchester-Londonderry  town  line  to  the 
Manchester-Litchfield  town  line;  thence 
northwesterly  by  the  Manchester-Litchfield 
town  line  to  the  center  line  of  the 
Merrimack  river;  thence  upstream  by  the 
center  line  of  the  Merrimack  river  to  the 
center  line  of  interstate  193;  thence 
easterly  by  the  center  line  of  interstate 
193  to  the  center  line  of  South  willow 
street;  thence  northwesterly  by  the  center 
line  of  South  Willow  street  to  the  center 
line  of  South  Lincoln  street;  thence 
northerly  by  the  center  line  of  South 
Lincoln  street  to  the  center  line  of 
Brunelle  avenue,  the  point  of  beginning. 

Ward  No.  9  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
center  line  of  Elm  street  and  the  center 
line  of  Silver  street  extended;  thence 
sDuiherly  by  the  center  line  of  Elm  street 
to  the  center  line  of  Queen  City  avenue; 
thence  southeasterly  and  easterly  by  the 
center  line  of  Queen  City  avenue  and  Cilley 
road  to  the  center  line  of  South  Lincoln 
street;  thence  southerly  by  the  center  line 
of  South  Lincoln  street  to  the  center  line 
of  South  Willow  street;  thence  southeasterly 
by  the  center  line  of  South  Willow  street  to 
the  center  line  of  Interstate  193;  thence 
westerly  by  the  center  line  of  interstate 
193  to  the  center  line  of  the  Merrimack 
river;  thence  upstream  by  the  center  line  of 


510 


HOUSE  JOURNAL 13MAY82 


the  Merrimack   river  to   the  center  line  of 
Silver  street  extended;    thence  northeasterly 
and  easterly  by  the  center   line  of  Silver 
street  extended   to  the  center  line  of  Elm 
street,    the  point  of  beginning. 

Ward  No.    10   shall  include   that  part  of 
the  city  bounded  by  the   following  described 
lines:      Beginning  at  the   intersection  of  the 
Manchester-Goffstown   town   line  with  the 
center   line  of  the  Piscataquog  river;    thence 
downstream  by  the  center  line  of  the 
Piscataquog  river  to  the  center   line  of 
Winter  street  extended;    thence  southeasterly 
by  the  center  line  of  Winter  street   to   the 
center   line  of  Granite   street;    thence 
northeasterly  and  easterly  by  the  center 
line  of  Granite   street   to  the  center   line  of 
South  Main  street;    thence  southwesterly  by 
the  center  line  of  South  Main  street   to  the 
center   line  of  Blaine  street;    thence 
southeasterly  by   the  center   line  of  Blaine 
street   to   the  center   line  of  the  Merrimack 
river;    thence  downstream  by  the  center  line 
of  the  Merrimack   river  to   the 
Manchester-Bedford  town   line;    thence 
westerly,   northerly  and  westerly  by  the 
Manchester-Bedford   town   line   to   the 
Manchester-Goffstown  town   line;    thence 
northerly  by   the  Manchester-Goffstown  town 
line  to   the  center  line  of  the  Piscataquog 
river,    the  point  of  beginning. 

Ward  No.    11   shall   include   that  part  of 
the  city  bounded   by  the   following  described 
lines:      Beginning  at   the   intersection  of  the 
center   line  of  the  Piscataquog  river  with 
the  center  line  of  Kelley  street  and   the 
center   line  of  Amory  street,    extended; 
thence  easterly  by  the  center   line  of  Amory 
street   to  the  center  line  of  Montgomery 
street;    thence  northerly  by  the  center   line 
of  Montgomery  street   to  the  center   line  of 
Kelley  street;    thence  easterly  by  the  center 
line  of  Kelley  street   to   the  center  line  of 
Hevey  street;    thence  northerly  by  the  center 
line  of  Hevey  street   to  the  center  line  of 
Mason  street;    thence  easterly  by  the  center 
line  of  Mason  street   to   the  center  line  of 
Coolidge  avenue;    thence  southerly  by  the 
center   line  of  Coolidge  avenue   to   the  center 
line  of  Bremer  street;    thence  easterly  by 
the  center  line  of  Bremer  street   to  the 
center   line  of  McGregor  street;    thence 
southerly  by  the  center   line  of  McGregor 
street   to  the  center  line  of  West  Bridge 
street;    thence  easterly  by  the  center  line 
of  West  Bridge  street   to  the  center  line  of 
the  Merrimack   river;    thence  downstream  by 
the  center  line  of  the  Merrimack   river  to 
the  center  line  of  Blaine  street,    extended; 
thence  northwesterly   by  the  center   line  of 
Blaine  street   to  the  center  line  of  South 
Main  street;    thence  northeasterly  by  the 
center   line  of  South  Main  street   to   the 
center   line  of  Granite   street;    thence 
westerly  and  southwesterly  by  the  center 
line  of  Granite  street   to   the  center  line  of 
Winter  street;    thence  northwesterly  by  the 
center  line  of  Winter  street   to   the  center 
line  of  the  Piscataquog  river;    thence 
upstream  by  the  center  line  of  the 
Piscataquog  river  to   the  center  line  of 
Kelley  street  and  Amory  street,    extended, 
the  point  of  beginning. 

Ward  No.  12  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:      Beginning  at  the   intersection  of  the 


center   line  of  the  Merrimack   river  with  the 
center   line  of  West  Bridge  street;    then 
westerly  by  the  center  line  of  West  Bridge 
street   to   the  center  line  of  McGregor 
street;    thence  northerly  by  the  center  line 
of  McGregor  street   to   the   center   line  of 
Bremer  street;    thence  westerly  by  the  center 
line  of  Bremer  street   to   the  center  line  of 
Coolidge  avenue;    thence  northerly  by  the 
center   line  of  Coolidge  avenue  to  the  center 
line  of  Mason   street;    thence  westerly  by  the 
center  line  of  Mason  street   to   the  center 
line  of  Hevey  street;    thence   southerly   by 
the  center  line  of  Hevey  street   to  the 
center  line  of  Kelley  street;    thence 
westerly  by  the  center   line  of  Kelley  street 
to  the  center  line  of  Montgomery  street; 
thence   southerly  by  the  center  line  of 
Montgomery  street   to   the  center  line  of 
Amory  street;    thence  westerly  by  the  center 
line  of  Amory  street   to  the   center  line  of 
the  Piscataquog  river;    thence  upstream  by 
the  center  line  of  the  Piscataquog  river  to 
the  Manchester-Goffstown  town   line;    thence 
northerly  by   the  Manchester-Goffstown  town 
line   to   the  Manchester-Hooksett   town  line; 
thence  easterly,    southerly,    and 
southeasterly  by  the  Manchester-Hooksett 
town   line   to   the  center  line  of  the 
Merrimack   river;    thence  downstream  by  the 
center   line  of  the  Merrimack   river  to  the 
center   line  of  West  Bridge  street,    the  point 
of  beginning. 

4  Map.     An  official  map  showing  the 
boundaries  of  the  wards  of  the  city  of 
Manchester  shall  be  filed   in  the  office  of 
the  Manchester  city  clerk  and   the  office  of 
the  secretary  of  state. 

5  Representation   in  General  Court. 
Amend  RSA  662:5,    VI    (supp)   as   inserted   by 
1979,    436:1   as  amended   by  striking  out  the 
districts   for  Manchester,    being  districts  29 
to  38,    inclusive,    and   inserting  in  place 
thereof  the   following: 


District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 
District  No. 

Manchester 


29 


Ward  1 
D 

Ward  2 
1 

Ward  3 


32 


Wards  1,  2,  3 
3 
Ward  4 


33 


34 


Ward  5 

5 
Ward  6 


37 


Wards  4,  5,  6 


Ward  7 
B 

Ward  8 
9 

Ward  9 


40 


41 


Wards  7,  8,  9 
1 
Ward  10 


42 


Ward  11 


43 


Ward  12 


HOUSE  JOURNAL 13MAY82 


511 


District  No.  44 

Manchester   Wards  10,  11,  12 


6  Limitation  of  Act.  Nothing  herein 
shall  affect  the  representation  of  the  city 
of  Manchester  in  the  general  court  that  will 
assemble  in  December  1982.  The  vard  lines 
for  membership  in  that  general  court  shall 
remain  in  effect  until  the  dissolution  of 
that  general  court  in  1984.  Any 
representative  in  office  on  the  effective 
date  of  this  section  does  not  lose  his 
eligibility  for  that  office  because  of  the 
change  in  ward  boundaries  made  hereunder. 

7  Terms  of  Aldermen.  All  aldermen  duly 
elected  at  the  city  election  in  1981  shall 
continue  to  hold  office  to  the  completion  of 
the  term  to  which  they  were  elected  so  long 
as  they  shall  be  residents  of  the  city, 
regardless  of  where  they  might  reside  in 
relation  to  the  new  or  old  ward  boundaries. 

8  Referendum.  Sections  2  through  6  of 
this  act  shall  not  take  effect  unless 
adopted  by  majority  vote  at  the  state 
general  election  to  be  held  in  the  city  of 
Manchester  in  November  1982,  as  hereinafter 
provided.  The  city  clerk  then  in  office 
shall  cause  to  be  placed  on  the  ballot  the 
following  question:   "Do  you  approve  the 
provisions  of  sections  2  through  6  of  an  act 
entitled  in  part  'An  Act  .  .  .  establishing 
ward  lines  for  the  city  of  Manchester  and 
amending  its  charter'  passed  at  the  1982 
special  session  of  the  general  court  which 
would  redivide  the  city  into  12  wards  of 
substantially  equal  population?"  Said 
question  shall  be  printed  in  the  form 
prescribed  by  RSA  656:13.  If  a  majority  of 
those  voting  on  the  question  vote  in  the 
affirmative,  sections  2  through  6  of  this 
act  shall  be  declared  to  have  been  adopted 
effective  January  1,  1983.  The  city  clerk 
shall,  within  10  days  after  said  election, 
certify  that  result  of  the  vote  on  the  above 
question  to  the  secretary  of  state. 

9  Effective  Date. 

I.  Sections  1  and  7  of  this  act 
shall  take  effect  upon  its  passage. 

II.  Sections  2  to  6  of  this  act 
shall  take  effect  as  provided  in  section  7. 

Hearing  no  objection,  the  Chair 
dispensed  with  the  reading  of  the  amendment. 

Rep.  Norman  Packard  explained  his 
amendment. 

Reps.  Nardi  and  Spirou  spoke  against  the 
amendment. 

Reps.  Pariseau,  Randall  and  Sytek  spoke 
in  favor  of  the  amendment. 

The  previous  question  was  moved. 
Sufficiently  seconded.  Adopted. 

Rep.  Nardi  requested  a  roll  call. 
Sufficiently  seconded. 

(Speaker  presiding) 

YEAS  208  NAYS  116 

YEAS  208 

BELKNAP:   Birch,  French,  Earle  Hardy, 
Holbrook,  Christina  O'Neill,  Pearson, 
Randall,  Rich,  Rollins,  Sanders  and 
Zeckhausen. 

CARROLL:  Allen,  Barringer,  Chase, 
Dickinson,  Heath,  Howard,  Keller,  Kenneth 
MacDonald  and  Kenneth  Smith. 


CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Robert  Galloway,  Gordon,  Johnson, 
Lane,  Moore,  O'Connor,  Perry,  Scranton  and 
Jean  White. 

COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Richard  Demers,  Horton,  Valliere,  Willey  and 
Wiswell. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Driscoll,  Hammond,  LaMott,  Logan,  Look, 
Mann,  Mansfield,  Mclver,  Melendy,  Pepitone, 
Rounds,  Taffe,  Glyneta  Thomson,  Walter,  Ward 
and  Roger  Wood. 

HILLSBOROUGH:   Ahrens,  Ainley,  Boisvert, 
Bosse,  Bridgewater,  Carpenter,  Carragher, 
Carswell,  Charpentier,  Craig,  DeForte, 
Dolbec,  Duffett,  Clyde  Eaton,  Joseph  Eaton, 
Ford,  Granger,  Head,  Heald,  Healy,  Howard 
Humphrey,  Thomas  Hynes,  Kashulines,  Keefe, 
Knight,  Labombarde,  LaPierre,  Levesque, 
Martineau,  Howard  Mason,  Mazur,  Messier, 
Milton  Meyers,  Murray,  Naro,  Norman  Packard, 
Aime  Paradis,  Pariseau,  Peters,  G.  Philip 
Rodgers,  William  Russell,  Sallada,  Silva,  B. 
P.  Smith,  Leonard  Smith,  Stone,  Stylianos, 
James  Sullivan,  Tamposi,  Turgeon,  Vachon, 
Vergas,  Ware,  Watson,  Emma  Wheeler,  Kenneth 
Wheeler  and  M.  Arnold  Wight. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  Brady, 
John  Gate,  Milton  Gate,  James  Humphrey, 
Kidder,  Locke,  Nichols,  David  Packard, 
Paire,  Parker,  Doris  Riley,  Margaret 
Roberts,  William  Roberts,  §avaria,  Gerald 
Smith,  Stark,  Stio,  Underwood,  Waters, 
Ashton  Welch,  James  Whittemore,  Wiviott  and 
Zimmerman. 

ROCKINGHAM:  Appel,  Benton,  Blake,  William 
Boucher,  Burdick,  Butler,  Marilyn  Campbell, 
Cote,  Day,  Ellyson,  Espinola,  Felch, 
Flanagan,  Flanders,  Beverly  Gage,  Thomas 
Gage,  Kenneth  Gould,  Greene,  Hoar,  Kane, 
Kelley,  Roger  King,  Lockhart,  LoFranco, 
Lovejoy,  Mace,  Robert  Mason,  Nevins,  Newell, 
Osborn,  Parr,  Quimby,  Rand,  Myrtle  Rogers, 
Scamman,  Schmidtchen,  Schwaner,  Shurtleff, 
Skinner,  Stimmell,  Sytek,  Tavitian,  Tufts, 
Vartanian,  Warburton,  Wolfsen,  Raymond  Wood 
and  Woodman. 

STRAFFORD:  Appleby,  Bickford,  James 
Chamber lin,  Gauvin,  Meader,  Sackett, 
Lawrence  Smith,  Franklin  Torr  and  Ralph  Torr. 

SULLIVAN:  -Ardinger,  Cutting,  Leonard  Gray, 
Sim  Gray,  Ingram,  Palmer,  Spaulding  and 
Townsend . 

NAYS  1 16 

JBELOAP;  Bolduc  aad  Gacy  Uloans^ 

CARROLL :  None . 

CHESHIRE:  Barber,  Daniel  Eaton,  Hickey, 
Lynch,  Matson,  Proctor,  Margaret  Ramsay, 
William  Riley,  Rouillard  and  Patricia 
Russell. 

COOS:  Beaulac,  Brideau,  Langley,  George 
Lemire,  Mayhew,  Oleson,  Theriault  and  York. 


512 


HOUSE  JOURNAL  13MAY82 


GRAFTON:   Chambers,  Copenhaver,  Michael 
King,  Lynde  and  Seely. 

HILLSBOROUGH:   Abrams,  Debora  Ahem,  Richard 
Ahern,  Ahlgren,  Arnold,  Baker,  Burkush, 
Casinghino,  Cronin,  Crotty,  William  Dion, 
Donovan,  Duval,  Gagnon,  Richard  Galway, 
Hall,  Hendrick,  Horan,  Lawrence,  Leclerc, 
McGlynn,  Mulligan,  Nardi,  Nemzoff,  Pastor, 
Plomaritis,  Denise  Raiche,  Maureen  Raiche, 
Peter  Ramsey,  Robie,  Edward  Smith,  Soucy, 
Spirou,  Mary  Sullivan,  Sweeney,  Bernice 
Welch,  Robert  Wheeler,  James  J.  White,  Winn 
and  Zajdel. 

MERRIMACK:  Bellerose,  Daniell,  Degnan, 
Morse,  James  O'Neill,  Rayno,  Lawrence 
Sullivan,  Rick  Trembly  and  Mary  Jane  Wallner. 

ROCKINGHAM:  Blanchette,  Carpenito,  Connors, 
Cotton,  Downing,  Gretsch,  Hollingworth,  John 


Hynes,  Kozacka,  Leslie,  Joseph  MacDonald, 
Norman  Myers,  Pantelakos,  Pevear,  Read, 
Romoli,  Splaine,  Wojnowski  and  Christopher 
Wood. 

STRAFFORD:   Belhumeur,  Bernard,  Blouin, 
Bouchard,  Brown,  Chagnon,  James  Demers, 
Demetracopoulos,  Phyllis  DeNafio,  Teresa 
DeNafio,  Albert  Dionne,  Donnelly,  Drew, 
Anita  Flynn,  Hennessey,  Kincaid,  Maglaras, 
Schreiber  and  Whitehead. 

SULLIVAN:   David  Campbell,  D'Amante,  Forrest 
and  LeBrun,  and  the  amendment  was  adopted. 

Rep.  Sytek  offered  an  amendment. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 


relative   to  districts  for  electing  representatives 
to  the  general  court   from  certain  counties. 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause  and 
inserting  in  place  thereof  the   following: 

1      Cheshire  County.     Amend  RSA  662:5,    III   (supp)  as  inserted   by  1979, 
436:1   as  amended  by  striking  out  said  paragraph  and   inserting  in  place 
thereof  the  following: 

III.      Cheshire  County 


District 

No. 

1 

Alstead 
Walpole 

District 

No. 

2 

Chesterfield 

Surry 

Westmoreland 

District 

No. 

3 

Hinsdale 
Winchester 

District 

No. 

ij 

Gilsum 
Mar low 
Stoddard 
Sullivan 

District 

No. 

5 

Dublin 

Harrisville 

Marlborough 

Nelson 

Roxtury 

Troy 

District 

No. 

6 

Jaffrey 

District 

No. 

7 

Fitzwilliam 
Richmond 

District 

No. 

8 

Rindge 

District 

No. 

9 

Swanzey 

District 

No. 

10 

Fitzwilliam 
Richmond 
Rindge 
Swanzey 

District 

No. 

11 

Keene 

Ward  1 

District 

No. 

12 

Keene 

Ward  2 

District 

No. 

13 

Keene 

Ward  3 

District 

No. 

in 

Keene 

Ward  U 

District 

No. 

15 

Keene 

Ward  5 

District 

No. 

16 

Keene 

Wards  1 

2     Hillsborough  County.     Amend  RSA  662:5,   VI   (Supp)  as  inserted  by  1979, 
436:1   as  amended   by  striking  out  said  paragraph  and   inserting  in  place 
thereof  the  following: 


HOUSE  JOURNAL 13MAY82 


513 


VI.  Hillsborough  County 


District  No.  1 


District  No.  2 
District  No.  3 
District  No.  4 


District  No.  5 


District  No.  6 
District  No.  7 


District  No.  8 


District  No.  9 


District  No.  10 
District  No.  11 


District  No.  12 

District  No.  13 

District  No.  14 

District  No.  15 

District  No.  16 

District  No.  17 


District  No.  18 


District  No.  19 

District  No.  20 

District  No.  21 

District  No.  22 

District  No.  23 

District  No.  24 

District  No.  25 

District  No.  26 

District  No.  27 


District  No.  28 

District  No.  29 

District  No.  30 

District  No.  31 

District  No.  32 

District  No.  33 

District  No.  34 

District  No.  35 

District  No.  36 

District  No.  37 
District  No.  38 
District  No.    39 

3     Merrimack  County.     Amend  RSA  662:5,   VII   (supp)  as  inserted   by   1979, 
435:1   as  amended   by  striking  out  said  paragraph  and   inserting  in  place 
thereof  the  following: 


Deering 

Hillsborough 

Windsor 

2 

Antrim 

1 

Weare 

1 

New  Boston 

Francestown 

Bennington 

1 

Weare 

New  Boston 

Francestown 

Bennington 

1 

Goffstown 

5 

Hancock 

Greenfield 

Peterborough 

3 

Lyndeborough 

Sharon 

Temple 

Wilton 

2 

Mont  Vernon 

Amherst 

4 

Milford 

3 

Mont  Vernon 

Amherst 

Milford 

1 

Bedford 

4 

Litchfield 

1 

Merrimack 

6 

Litchfield 

Merrimack 

1 

New  Ipswich 

1 

Greenville 

Mason 

Brookline 

1 

New  Ipswich 

Greenville 

Mason 

Brookline 

1 

Ho  His 

2 

Hudson 

6 

Pelham 

3 

Hudson 

Pelham 

1 

Nashua 

Ward  1 

5 

Nashua 

Ward  2 

2 

Nashua 

Wards  1  and  2 

1 

Nashua 

Ward  3 

Nashua 

Ward  7 

5 

Nashua 

Ward  4 

Nashua 

Ward  6 

Nashua 

Ward  9 

9 

Nashua 

Ward  5 

2 

Nashua 

Ward  8 

5 

Manchester 

Ward  1 

4 

Manchester 

Ward  2 

Manchester 

Ward  6 

7 

Manchester 

Ward  3 

3 

Manchester 

Ward  4 

3 

Manchester 

Ward  5 

3 

Manchester 

Ward  7 

3 

Manchester 

Ward  8 

Manchester 

Ward  9 

7 

Manchester 

Ward  10 

3 

Manchester 

Ward  11 

3 

Manchester 

Ward  12 

4 

514 


HOUSE  JOURNAL 13MAY82 


VII.  Merrimack  County 

District 

No. 

1 

Dan  bury 

Hill 

Wilmot 

Andover 

Salisbury 

District 

No. 

2 

New  London 
Newbury 
Sutton 
Warner 

District 

No. 

3 

Bradford 
Henniker 

District 

No. 

It 

Webster 
Bos  ca  wen 

District 

No. 

5 

Hopkinton 
Dun barton 
Bow 

District 

No. 

6 

Canterbury 

Loudon 

Pittsfield 

District 

No. 

7 

Chichester 

Epsom 

Pembroke 

District 

No. 

8 

Allenstown 

District 

No. 

9 

Hooksett 

District 

No. 

10 

Franklin 

District 

No. 

11 

Northfield 

District 

No. 

12 

Franklin 
Northfield 

District 

No. 

13 

Concord,  Ward  1 

District 

No. 

in 

Concord,  Ward  3 

District 

No. 

15 

Concord,  Ward  2 

District 

No. 

16 

Concord,  Wards  4  &  5 

District 

No. 

17 

Concord,  Ward  6 

District 

No. 

18 

Concord,  Ward  7 

District 

No. 

19 

Concord,  Ward  8 

District 

No. 

20 

Concord,  Wards  2,4,5,6,7 

4     Rockingham  County.     Amend  RSA  662:5,   VIII   (supp)  as  inserted   by  1979, 
436:1  as  amended  by  striking  out  said  paragraph  and   inserting  in  place 
thereof  the  following: 

VIII.     Rockingham  County 

Northwood  1 

Deerfield 

Nottingham  1 

Candia  1 

Deerfield 

Nottingham 

Candia  1 

Auburn 

Chester 

Sandown  3 

Epping 

Raymond  4 

Derry  8 

Atkinson  2 

Hampstead 

Plaistow  4 

Kingston 

Newton  3 

Fremont 

Brentwood 

Danville  2 

Neumark  et 

Newfields  2 

Exeter  4 

Newmarket 

Newfields 

Exeter  1 

Seabrook  2 

East  Kingston 

Kensington 

South  Hampton  1 


District  No.  1 
District  No.  2 


District  No.  3 
District  No.  4 


District  No.  5 

District  No.  6 

District  No.  7 

District  No.  8 

District  No.  9 

District  No.  10 

District  No.  11 

District  No.  12 

District  No.  13 

District  No.  14 


District  No.  15 
District  No.  16 


HOUSE  JOURNAL 13MAY82 


515 


District 

No. 

17 

Sea  brook 
East  Kingston 
Kensington 
South  Hampton 

1 

District 

No. 

18 

Hampton 
Hampton  Falls 

5 

District 

No. 

19 

North  Hampton 

Rye 

New  Castle 

4 

District 

No. 

20 

Greenland 
Stratham 

2 

District 

No. 

21 

Salem 

10 

District 

No. 

22 

Windham 

2 

District 

No. 

23 

Salem 
Windham 

1 

District 

No. 

24 

Londonderry 

6 

District 

No. 

25 

Portsmouth 

Wards  1 

and 

6 

3 

District 

No. 

26 

Portsmouth 

Wards  2 

and 

5 

3 

District 

No. 

27 

Portsmouth 
Newington 

Wards  3 

and 

U 

6 

5     Strafford  County.     Amend  RSA  662:5,    IX   (supp)   as  inserted   by   1979, 
136:1  as  amended   by  striking  out  said  paragraph  and  inserting  in  place 
thereof  the   following: 

IX.     Strafford  County 


District 

No. 

1 

Milton 
Middleton 
New  Durham 

2 

District 

No. 

2 

Farming ton 

2 

District 

No. 

3 

Barrington 

2 

District 

No. 

4 

Durham 
Lee 
Mad  bury 

6 

District 

No. 

5 

Rollinsford 

1 

District 

No. 

6 

Dover 

Ward  1 

1 

District 

No. 

7 

Dover 

Ward  2 

1 

District 

No. 

8 

Dover 

Ward  3 

1 

District 

No. 

9 

Dover 

Ward  4 

2 

District 

No. 

10 

Dover 

Ward  5 

1 

District 

No. 

11 

Dover 

Ward  6 

1 

District 

No. 

12 

Dover 

Wards  1-6 

2 

District 

No. 

13 

Somersworth 

Wards  1-5 

4 

District 

No. 

14 

Dover 
Somersworth 

Wards  1,  2,  3 

1 

District 

No. 

15 

Strafford 

Rochester 

Wards  3,  4 

5 

District 

No. 

16 

Rochester 

Wards  1,  2  &  5 

5 

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

Hearing  no  objection,    the  Chair 
dispensed  with  the   reading  of  the  amendment. 

Rep.   Sytek  spoke  to   the  amendment. 

Rep.   Chase  spoke  against   the  amendment. 

Amendment   lost. 

Having  voted  with  the  prevailing  side, 
Rep.  David  Campbell  moved   reconsideration  of 
the  Sytek  amendment. 

A  roll  call  vras   requested.     Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS      103     NAYS     217 

YEAS      103 

BELKNAP:   Bolduc,  Gary  Dionne  and  Sanders. 

CARROLL:   Allen  and  Dickinson. 


CHESHIRE:  Daniel  Eaton,  Hickey,  Lynch, 
Proctor,  Margaret  Ramsay,  William  Riley  and 
Patricia  Russell. 

COOS:  Beaulac,  Brideau,  Chappell,  Mayhew, 
Theriault  and  York. 

GRAFTON:   Chambers,  Copenhaver,  Michael 
King,  Lynde  and  Seely. 

HILLSBOROUGH:   Abrams,  Debora  Ahern,  Richard 
Ahem,  Ahlgren,  Arnold,  Baker,  Burkush, 
Casinghino,  Cronin,  DeForte,  William  Dion, 
Donovan,  Duval,  Joseph  Eaton,  Gagnon,  Hall, 
Hendrick,  Horan,  Leclerc,  McGlynn,  Milton 
Meyers,  Mulligan,  Nardi,  Nemzoff,  Pastor, 
Plomaritis,  Denise  Raiche,  Maureen  Raiche, 
Peter  Ramsey,  Robie,  Edward  Smith,  Soucy, 
James  Sullivan,  Mary  Sullivan,  Sweeney, 
Bernice  Welch,  Robert  Wheeler,  James  J. 
White,  Winn  and  Zajdel. 


516 


HOUSE  JOURNAL 13MAY82 


MERRIMACK:  Bellerose,  Daniell,  Degnan, 
Morse,  James  O'Neill,  Lavfrence  Sullivan, 
Rick  Trembly,  Mary  Jane  Wallner  and  James 
Whittemore. 

ROCKINGHAM:  Blake,  Connors,  Cotton, 
Hollingworth,  John  Hynes,  Kozacka,  Leslie, 
Lovejoy,  Pantelakos,  Pevear,  Read,  Splaine 
and  Christopher  Wood. 

STRAFFORD:   Blouin,  Bouchard,  Chagnon,  James 
Chamber lin,  James  Demers,  Demetracopoulos, 
Phyllis  DeNafio,  Teresa  DeNafio,  Donnelly, 
Drew,  Anita  Flynn,  Kincaid,  Maglaras  and 
Schreiber. 

SULLIVAN:   David  Campbell,  D'Amante,  Ingram 
and  LeBrun. 

NAYS  217 

BELKNAP:  Birch,  Bowler,  French,  Earle 
Hardy,  Holbrook,  Christina  O'Neill,  Pearson, 
Randall,  Rich,  Rollins  and  Zeokhausen. 

CARROLL:  Barringer,  Chase,  Heath,  Howard, 
Keller,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Robert  Galloway,  Gordon,  Johnson, 
Lane,  Matson,  Moore,  O'Connor,  Perry, 
Scranton  and  Jean  White. 

COOS:  Brungot,  Bums,  Chardon,  Richard 
Demers,  Horton,  Langley,  George  Lemire, 
Oleson,  Valliere,  Willey  and  Wiswell. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Driscoll,  Hammond,  LaMott,  Logan,  Look, 
Mann,  Mansfield,  Mclver,  Melendy,  Pepitone, 
Rounds,  Taffe,  Glyneta  Thomson,  Walter,  Ward 
and  Roger  Wood . 

HILLSBOROUGH:   Ahrens,  Ainley,  Boisvert, 
Bosse,  Bridgewater,  Carpenter,  Carragher, 
Carswell,  Charpentier,  Craig,  Dolbec, 
Duffett,  Clyde  Eaton,  Ford,  Richard  Galway, 
Granger,  Head,  Heald,  Howard  Humphrey, 
Thomas  Hynes,  Kashulines,  Keefe,  Knight, 
Labombarde,  LaPierre,  Lawrence,  Levesque, 
Martineau,  Howard  Mason,  Mazur,  Messier, 
Murray,  Naro,  Norman  Packard,  Aime  Paradis, 
Pariseau,  Peters,  G.  Philip  Rodgers,  William 
Russell,  Sallada,  Silva,  B.  P.  Smith, 
Leonard  Smith,  Stone,  Stylianos,  Tamposi, 
Turgeon,  Vachon,  Vergas,  Ware,  Watson,  Emma 
Wheeler,  Kenneth  Wheeler  and  M.  Arnold  Wight. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  Brady, 
John  Gate,  Milton  Gate,  James  Humphrey, 
Kidder,  Locke,  Nichols,  David  Packard, 
Paire,  Parker,  Rayno,  Doris  Riley,  Margaret 
Roberts,  William  Roberts,  Savaria,  Gerald 
Smithj  Stark  I  Stio,  Underwoad,  Waters. 
Ashton  Welch,  Wiviott  ana  Zimmerman. 

ROCKINGHAM:  Appel,  Benton,  Blanchette, 
William  Boucher,  Burdick,  Butler,  Marilyn 
Campbell,  Carpenito,  Cote,  Day,  Downing, 
Ellyson,  Espinola,  Felch,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Greene,  Gretsch,  Hoar,  Kane,  Kelley, 
Roger  King,  Lock hart,  LoFranco,  Joseph 
MacDonald,  Mace,  Robert  Mason,  Norman  Myers, 
Nevins,  Newell,  Osbom,  Parr,  Quimby,  Rand, 


Myrtle  Rogers,  Romoli,  Scamman,  Schmidtchen, 
Schwaner,  Shurtleff,  Skinner,  Stimmell, 
Sytek,  Tavitian,  Tufts,  Vartanian, 
Warburton,  Wojnowski,  Wolfsen,  Raymond  Wood 
and  Woodman. 

STRAFFORD:   Appleby,  Belhumeur,  Bernard, 
Bickford,  Brown,  Albert  Dionne,  Gauvin, 
Hennessey,  Meader,  Sackett,  Lawrence  Smith, 
Franklin  Torr,  Ralph  Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  Cutting,  Forrest, 
Leonard  Gray,  Sim  Gray,  Palmer,  Spaulding 
and  Townsend,  and  reconsideration  lost. 

HB  43  was  ordered  to  third  reading. 

Rep.  Rouillard  did  not  vote  on  the 
reapportionment  bill  in  protest  of  the 
Legislature  trying  to  circumvent  the  courts. 

HB  IS-FN,  establishing  the  ward  lines 
for  the  city  of  Portsmouth  and  amending  the 
charter  of  said  city.  Ought  to  Pass  with 
Amendment . 

With  technical  amendment,  the  Committee 
was  almost  unanimous  in  recommending 
passage.   Vote  14-1.  Rep.  Russell  C. 
Chase  for  Reapportionment. 

Reps.  Joseph  MacDonald  aind  Norman  Myers 
spoke  against  the  Committee  report. 

Reps.  Cotton  and  Blanchette  spoke  in 
favor  of  the  Committee  report. 

Rep.  Sytek  spoke  to  the  Committee  report. 

Rep.  Chase  moved  that  HB  45  be  laid  upon 
the  table. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS   182  NAYS  135 

YEAS  182 

BELKNAP:  French,  Holbrook,  Christina 
O'Neill,  Pearson,  Randall,  Rollins  and 
Sanders. 

CARROLL:  Barringer,  Chase,  Dickinson, 
Heath,  Howard,  Keller  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Ernst,  Robert  Galloway, 
Gordon,  Johnson,  Lane,  O'Connor,  Perry, 
Scranton  and  Jean  White. 

COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Richard  Demers,  Horton  and  Willey. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Hammond,  Michael  King,  LaMott,  Logan,  Look, 
Mann,  Mansfield,  Mclver,  Melendy,  Pepitone, 
Rounds,  Seely,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:  Debora  Ahern,  Ahlgren, 
Ahrens,  Ainley,  Baker,  Bridgewater, 
Carpenterj  Carragher^  Carswell,  Craigj 
Dolbec,  Donovan,  Joseph  Eaton,  Ford,  Richard 
Galway,  Granger,  Hall,  Heald,  Howard 
Humphrey,  Thomas  Hynes,  Kashulines,  Keefe, 
Knight,  Labombarde,  Levesque,  Martineau, 
Mazur,  McGlynn,  Murray,  Naro,  Norman 
Packard,  Pariseau,  Peters,  Robie,  G.  Philip 
Rodgers,  William  Russell,  Sallada,  Silva, 
Leonard  Smith,  Steiner,  Stone,  James 
Sullivan,  Tamposi,  Vachon,  Vergas,  Ware, 
Watson,  Kenneth  Wheeler  and  M.  Arnold  Wight. 


HOUSE  JOURNAL 13MAY82 


517 


MERRIMACK:   Bibbo,  Laurent  Boucher,  Brady, 
John  Gate,  Milton  Gate,  James  Humphrey, 
Kidder,  Nichols,  David  Packard,  Parker, 
Doris  Riley,  Margaret  Roberts,  William 
Roberts,  Gerald  Smith,  Stark,  Stio, 
Underwood,  Waters,  Ashton  Welch,  Wiviott  and 
Zimmerman. 

ROCKINGHAM:   Benton,  William  Boucher, 
Burdick,  Butler,  Marilyn  Campbell,  Dovming, 
Ellyson,  Espinola,  Felch,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Greene,  Gretsch,  Hollingworth,  Kane, 
Kelley,  Roger  King,  Lockhart,  Lovejoy,  Mace, 
Robert  Mason,  Norman  Myers,  Nevins,  Newell, 
Osborn,  Parr,  Quimby,  Rand,  Romoli,  Skinner, 
Stimmell,  Sytek,  Tavitian,  Tufts,  Vartanian, 
War burton,  Raymond  Wood  and  Woodman. 

STRAFFORD:   Appleby,  Bickford,  Bouchard, 
Brown,  James  Chamber lin,  Drew,  Gauvin, 
Hennessey,  Maglaras,  Meader,  Sackett, 
Lawrence  Smith,  Franklin  Torr  and  Ralph  Torr. 

SULLIVAN:   Ardinger,  Cutting,  Forrest, 
Leonard  Gray,  Ingram,  Palmer,  Spaulding  and 
Townsend. 

NAYS  1 35 

BELKNAP:   Birch,  Bolduc,  Bowler,  Gary 
Dionne,  Earle  Hardy,  Lamprey,  Rich  and 
Zeckhausen. 

CARROLL:   Allen  and  Kenneth  MacDonald. 

CHESHIRE:  Barber,  Crane,  Daniel  Eaton, 
Hickey,  Lynch,  Moore,  Proctor,  Margaret 
Ramsay,  William  Riley,  Rouillard  and 
Patricia  Russell. 

COOS:  Beaulac,  Brideau,  Langley,  George 
Lemire,  Mayhew,  Oleson,  Theriault,  Wiswell 
and  York, 

GRAFTON:   Chambers,  Copenhaver,  Driscoll, 
Lynde,  Taffe  and  Glyneta  Thomson. 

HILLSBOROUGH:  Abrams,  Richard  Ahern, 
Arnold,  Burkush,  Casinghino,  Cronin,  William 
Dion,  Duffett,  Duval,  Gagnon,  Head,  Healy, 
Hendrick,  Horan,  LaPierre,  Lawrence, 
Leclerc,  Howard  Mason,  Messier,  Milton 
Meyers,  Mulligan,  Nardi,  Nemzoff,  Aime 
Paradis,  Pastor,  Plomaritis,  Denise  Raiche, 
Maureen  Raiche,  Peter  Ramsey,  B.  P.  Smith, 
Edward  Smith,  Soucy,  Spirou,  Stylianos,  Mary 
Sullivan,  Sweeney,  Turgeon,  Bernice  Welch, 
Emma  Wheeler,  Robert  Wheeler,  James  J. 
White,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Daniell,  Degnan, 
Locke,  Morse,  James  O'Neill,  Paire,  Rayno, 
Savaria,  Lawrence  Sullivan-,  Eick^  Irombly, 
Mary  Jane  Wallner  and  James  Whittemore. 

ROCKINGHAM:  Appel,  Blake,  Blanchette, 
Carpenito,  Connors,  Cote,  Cotton,  Day,  Hoar, 
John  Hynes,  Kozacka,  Leslie,  LoFranco, 
Joseph  MacDonald,  Pantelakos,  Pevear,  Read, 
Myrtle  Rogers,  Scamman,  Schwaner,  Shurtleff, 
Splaine,  Wojnowski,  Wolf sen  and  Christopher 
Wood. 

STRAFFORD:  Belhumeur,  Bernard,  Blouin, 
Chagnon,  James  Demers,  Demetraoopoulos, 


Phyllis  DeNafio,  Teresa  DeNafio,  Albert 
Dionne,  Donnelly,  Anita  Flynn,  Kincaid, 
Schreiber  and  Whitehead. 

SULLIVAN:   David  Campbell,  D'Amante,  Sim 
Gray  and  LeBrun,  and  HE  45  was  laid  upon  the 
table. 

CHANGE  OF  CONFEREES 

SB  9,  relative  to  the  sale  of  unvented 
space  heaters. 

Rep.  Newell  replaced  Rep.  Eisengrein 

COMMITTEE  OF  CONFERENCE  REPORT  ON  SB  9 

The  committee  of  conference  to  which  was 
referred  SB  9,  An  Act  relative  to  the  sale 
of  unvented  space  heaters  having  considered 
the  same,  report  the  same  with  the  following 
recommendations: 

That  the  House  recede  from  its  position 
of  nonconcurrence  with  the  Senate  amendment, 
and  concur  with  the  Senate  amendment,  and 

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

Amend  the  bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the  following: 

1  Space  Heaters.  Amend  RSA  158:28 
(supp)  as  inserted  by  1971,  400:1  as  amended 
by  striking  out  said  section  and  inserting 
in  place  thereof  the  following: 

158:28  Sale  or  Installation  of  Heaters. 

I.  Except  as  otherwise  provided  in 
this  section,  no  person  shall  sell  or  offer 
for  sale  an  unvented  space  heater,  nor  shall 
any  person  install  or  use  an  unvented  space 
heater  in  any  occupied  structure  unless  the 
prospective  owner  of  the  unvented  space 
heater  shall  have  obtained  a  permit  to 
purchase  and  operate  the  unvented  space 
heater  from  the  fire  official  having 
jurisdiction  over  the  locality  in  which  the 
heater  is  to  be  used. 

II.  For  the  purposes  of  this 
section: 

(a)  "Unvented  space  heater" 

means  any  heating  appliance,  either  wick, 
wickless  or  pot  burner  type,  which  uses  oil, 
gas  or  kerosene  for  fuel,  is  either 
stationary  or  portable,  and  the  products  of 
combustion  of  which  are  not  directly 
conducted  to  the  outside  of  the  building  via 
a  chimney  connector  pipe. 

(b)  "Multiple  family 
residence"  means  a  residence  with  2  or  more 
dwelling  units. 

(c)  "Occupied  structure" 
means  any  structure,  vehicle,  boat  or  place 
adapted  for  overnight  accommodation  of 
persons,  or  for  carrying  on  a  business 
therein,  whether  or  not  a  person  is  actually 
present  and  includes  structures  appurtenant 
to  occupied  structures  and  seasonal 
dwellings  whether  vacant  or  occupied. 

III.  In  no  event  shall  an  unvented 
space  heater  be  installed  or  used  in  any 
multiple  family  dwelling,  nor  shall  any 
person  sell  or  offer  for  sale  an  unvented 
space  heater  for  use  in  amy  multiple  family 


518 


HOUSE  JOURNAL 13MAY82 


dwelling.  Nothing  in  this  section  shall 
prevent  the  sale,  installation,  or  use  of 
the  following  heaters: 

(a)  The  flameless  catalyst 
type  heaters;  or 

(b)  Unvented  space  heaters 
used  as  antiques  or  curios,  provided  they 
are  rendered  inoperative;  or 

(c)  The  salamander  type 
heaters,  provided  that  they  are  used  solely 
in  accordance  with  the  standards  contained 
in  chapter  4-4.7  of  National  Fire  Protection 
Association,  Number  31;  or 

(d)  The  salamander  type 
heaters  for  temporary  use  in  an  unoccupied 
structure;  or 

(e)  Unvented  kerosene  fueled 
space  heaters  approved  by  the  state  fire 
marshal  and  listed  by  Underwriters 
Laboratory  or  by  another  nationally 
recognized  laboratory  approved  by  the  state 
fire  marshal.  However,  in  no  instance  shall 
the  standards  used  to  evaluate  unvented 
space  heaters  under  this  subparagraph  be 
less  than  those  of  Underwriters  Laboratory 
Standard  647.  To  ensure  the  safety  of  the 
public,  the  state  fire  marshal  may  adopt 
rules,  pursuant  to  RSA  541 -A,  which 
establish  reasonable  standards  greater  than 
those  of  Underwriters  Laboratory  Standard 
547.  In  no  event  shall  the  state  fire 
marshal  be  required  to  approve  any  unvented 
space  heater  which  does  not  meet  the 
standards  established  by  said  rules.  The 
state  fire  marshal  may  test  or  cause  to  be 
tested,  at  the  expense  of  the  manufacturer, 
any  type  or  brand  of  space  heater  proposed 
for  sale  or  distribution  in  this  state  to 
ensure  that  such  heater  meets  the  standards 
established  by  the  fire  marshal. 

IV.  Unvented  space  heaters 
permitted  under  this  section  shall  be 
supplied  at  the  time  of  initial  retail  sale, 
and  at  the  time  of  any  subsequent  transfer, 
with  a  siphon  pump  or  any  similar  device 
which  facilitates  the  proper  refueling  of 
the  heater  and  with  printed  materials 
explaining  proper  operating  procedures  and 
safety  precautions. 

V.(a)  The  state  fire  marshal  shall 
adopt  rules,  pursuant  to  RSA  541 -A: 

(1)  To  assure  that  all 
space  heaters  which  are  offered  for  sale  or 
used  in  this  state  are  listed  by 
Underwriters  Laboratory  or  meet,  at  the 
minimum.  Underwriters  Laboratory  Standard 
647  if  tested  by  another  nationally 
recognized  laboratory  approved  by  the  state 
fire  marshal;  and 

(2)  To  disseminate  to 
the  public  a  list  of  space  heaters  that  have 
been  approved  by  the  state  fire  marshal  and 
listed  by  Underwriters  Laboratory  or  another 
nationally  cecogiiized  laboratory  approyed  by 
the  state  fire  marshal;  and 

(3)  To  inform  any 
national  laboratory  other  than  Underwriters 
Laboratory  of  what  procedure  shall  be 
required  to  be  approved  by  the  state  fire 
marshal;  and 

(4)  To  assure  the 
safekeeping,  the  safe  storage,  and  the 
handling  of  any  fuel  recommended  by  the 
manufacturer  of  any  approved  unvented  space 
heater  for  use  in  such  space  heater;  and 


(5)  To  disseminate  to 
city  and  town  fire  officials  a  standardized 
permit  and  permit  questionnaire  to  be  used 
by  such  officials  in  carrying  out  their 
responsibilities  under  this  section. 

(b)  The  state  fire  marshal 
shall  adopt  no  rule  to  lower  the  standards 
for  approval  of  space  heaters  in  this  state 
to  less  than  those  of  Underwriters 
Laboratory  Standard  647. 

VI.  Any  person  who  violates  any 
provision  of  paragraphs  I-IV  shall  be  guilty 
of  a  violation  if  a  natural  person,  or 
guilty  of  a  misdemeanor  if  any  other  person. 

2  Local  Regulation  of  Unvented  Space 
Heaters.  Amend  RSA  31  by  inserting  after 
section  60  the  following  new  section: 

31:60-a  Regulation  of  Unvented  Space 
Heaters.  For  the  purpose  of  promoting  the 
health,  safety,  or  general  welfare  of  the 
community,  the  legislative  body  of  any  city 
or  town  is  empowered  to  regulate  and 
restrict  the  sale,  distribution,  and  use  of 
unvented  space  heaters  intended  for  use  in 
occupied  dwelling  units  authorized  under  RSA 
158:28.  At  a  minimum,  the  governing  body  of 
each  city  and  town  shall  establish  a  permit 
program  whereby  persons  desiring  to  purchase 
and  use  unvented  space  heaters  as  defined  in 
RSA  158:28  may  obtain  a  permit  to  do  so  from 
the  fire  official  in  that  city  or  town.  A 
permit  fee  of  $2.00  shall  be  charged  for 
purposes  of  defraying  the  local  costs  of 
administering  the  program.  No  regulatory 
program  adopted  for  use  in  any  city  or  town 
shall  be  based  on  standards  which  exceed  the 
minimum  standards  established  by  the  state 
fire  marshal  pursuant  to  the  authority 
vested  in  him  under  RSA  158:28. 

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

Conferees  on  the  Part  of  the  Senate: 

Sen.  Conley,  Dist.  3;  Sen.  Rice,  Dist. 
15;  Sen.  Wiggins,  Dist.  8 

Conferees  on  the  Part  of  the  House 

Rep.  Wight,  Hills.  10;  Rep.  L.  Smith, 
Hills.  14;  Rep.  Newell,  Rock.  4;  Rep. 
Proctor,  Ches.  14 

Rep.  M.  Arnold  Wight  spoke  in  favor  of 
the  report  and  yielded  to  questions. 

Reps.  Rand,  Felch  and  Proctor  spoke  in 
favor  of  the  report. 

Reps.  Benton  and  Hoar  spoke  against  the 
report. 

The  previous  question  was  moved. 
Sufficiently  seconded.  Adopted. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

Rep.  Neil  Mclver  abstained  from  voting 
under  Rule  16 

(Speaker  presiding) 

YEAS   192  NAYS  111 

YEAS   192 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Lamprey,  Christina  O'Neill,  Pearson, 
Randall,  Rich,  Sanders  and  Zeckhausen. 

CARROLL:  Allen,  Dickinson,  Heath,  Keller. 
Kenneth  MacDonald  and  Kenneth  Smith. 


HOUSE  JOURNAL 13MAY82 


519 


CHESHIRE:  Baybutt,  Crane,  Daniel  Eaton, 
Ernst,  Gordon,  Mickey,  Lane,  Lynch,  Moore, 
Proctor,  Margaret  Ramsay,  William  Riley, 
Rouillard,  Patricia  Russell,  Scranton  and 
Jean  White. 

COOS:   Beaulao,  Brideau,  Brungot,  Bums, 
Chappell,  Chardon,  Horton,  Langley, 
Valliere,  Willey,  Wiswell  and  York. 

GRAFTON:   Chambers,  Christy,  Driscoll, 
LaMott,  Look,  Mann,  Mansfield,  Melendy, 
Pepitone,  Seely,  Taffe,  Glyneta  Thomson, 
Walter  and  Roger  Wood. 

HILLSBOROUGH:  Richard  Ahern,  Arnold, 
Bridgewater,  Carpenter,  Carragher,  Carswell, 
Craig,  Cronin,  Donovan,  Duffett,  Richard 
Galvay,  Head,  Heald,  Healy,  Howard  Humphrey, 
Thomas  Hynes,  Keefe,  Knight,  LaPierre, 
Lawrence,  Leclerc,  Martineau,  Howard  Mason, 
Mazur,  McGlynn,  Messier,  Murray,  Naro, 
Nemzoff,  Norman  Packard,  Peters,  Plomaritis, 
Robie,  G.  Philip  Rodgers,  William  Russell, 
Sallada,  Silva,  B.  P.  Smith,  Leonard  Smith, 
Soucy,  Spirou,  Stone,  Tamposi,  Turgeon, 
Vachon,  Watson,  M.  Arnold  Wight  and  Zajdel. 

MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  Brady,  John  Gate,  Milton  Gate, 
James  Humphrey,  Locke,  Nichols,  David 
Packard,  Paire,  Parker,  Rayno,  Doris  Riley, 
Margaret  Roberts,  Savaria,  Stio,  Rick 
Trombly,  Underwood,  Mary  Jane  Wallner, 
Waters  and  James  Whittemore. 

ROCKINGHAM:   Appel,  Blake,  William  Boucher, 
Burdick,  Marilyn  Campbell,  Day,  Felch, 
Flanagan,  Beverly  Gage,  Greene,  Gretsch, 
Hollingworth,  John  Hynes,  Kane,  Kelley, 
Roger  King,  Leslie,  Lockhart,  Robert  Mason, 
Norman  Myers,  Nevins,  Newell,  Osborn,  Parr, 
Quimby,  Rand,  Read,  Romoli,  Scamman, 
Schwaner,  Skinner,  Splaine,  Sytek,  Tavitlan, 
Vartanian,  Warburton,  Wojnowski,  Christopher 
Wood  and  Raymond  Wood. 

STRAFFORD:  Belhumeur,  Bickford,  Brown, 
Chagnon,  Demetracopoulos,  Donnelly,  Drew, 
Anita  Flynn,  Gauvin,  Hennessey,  Maglaras, 
Meader,  Sackett,  Lawrence  Smith  and  Ralph 
Torr. 

SULLIVAN:   Ardinger,  David  Campbell, 
Cutting,  D'Amante,  Forrest,  Ingram,  LeBrun, 
Palmer,  Spaulding  and  Townsend. 

NAYS  1 1 1 

BELKNAP:  Bolduc,  Bowler,  Gary  Dionne, 
Holbrook  and  Rollins. 

CARROLL:   Chase. 

CHESHIRE:  Barber,  Robert  Galloway,  Johnson, 
Matson,  O'Connor  and  Perry. 

COOS:  Mayhew,  Oleson  and  Theriault. 

GRAFTON:   Armstrong,  Buckman,  Copenhaver, 
Hammond,  Michael  King,  Logan,  Lynde,  Rounds 
and  Ward. 

HILLSBOROUGH:  Debora  Ahern,  Ahlgren, 
Ainley,  Baker,  Burkush,  Casinghino,  William 


Dion,  Dolbec,  Duval,  Clyde  Eaton,  Ford, 
Gagnon,  Granger,  Hendrick,  Horan, 
Kashulines,  Labombarde,  Levesque,  Milton 
Meyers,  Mulligan,  Nardi,  Aime  Paradis, 
Pariseau,  Pastor,  Denise  Raiche,  Maureen 
Raiche,  Edward  Smith,  Steiner,  James 
Sullivan,  Mary  Sullivan,  Vergas,  Ware, 
Bernice  Welch,  Emma  Wheeler,  Kenneth 
Wheeler,  Robert  Wheeler,  James  J.  White  and 
Winn. 

MERRIMACK:  Daniell,  Degnan,  Kidder,  Morse, 
William  Roberts,  Gerald  Smith,  Stark, 
Wiviott  and  Zimmerman. 

ROCKINGHAM:  Benton,  Blanchette,  Butler, 
Carpenito,  Connors,  Cote,  Cotton,  Downing, 
Ellyson,  Espinola,  Flanders,  Thomas  Gage, 
Kenneth  Gould,  Hoar,  Kozacka,  Lovejoy, 
Joseph  MacDonald,  Mace,  Pantelakos,  Pevear, 
Myrtle  Rogers,  Shurtleff,  Stimmell,  Tufts, 
Wolf sen  and  Woodman. 

STRAFFORD:   Appleby,  Bernard,  Blouin, 
Bouchard,  James  Chamber lin,  Creteau,  James 
Demers,  Albert  Dionne,  Kincaid,  Schreiber, 
Franklin  Torr  and  Whitehead. 

SULLIVAN:   Leonard  Gray  and  Sim  Gray,  and 
the  report  was  adopted. 

ENROLLED  BILLS  REPORT 

HB  20,  relative  to  minimum  mandatory 
sentences  for  driving  while  intoxicated  and 
relative  to  the  parole,  sentencing  and 
credit  for  good  conduct  of  prisoners. 

HB  31,  establishing  ward  lines  for  the 
city  of  Berlin. 

HB  39,  establishing  the  ward  lines  in 
the  city  of  Concord  and  amending  the  charter 
of  said  city. 

SB  15,  relative  to  the  assessment  of  the 
land  use  change  tax. 

SB  18,  implementing  the  state  solid 
waste  plan. 

HB  10,  relative  to  amending  the 
operating  budget. 

Rep.  Nancy  Baybutt 
Sen.  Laurier  Lamontagne 
For  the  Committee. 

COMMITTEE  REPORTS  (cont.) 

HB  MO-FN,  exempting  certain  sheltered 
care  facilities  from  license  fees  and 
increasing  certain  monthly  allowances  and 
making  an  appropriation  therefor. 
Inexpedient  to  Legislate. 

HB  1*0  had  previously  been  recommended 
Ought  To  Pass  by  the  Committee  on  Health 
and  Welfare,  approved  by  the  House  and 
referred  to  the  Committee  on 
Appropriations.  Appropriations 
submitted  a  report  of  Recommended  but  to 
be  Laid  on  the  Table  because  of  lack  of 
funding.  The  House  then  referred  the 
bill  to  the  Committee  on  Ways  and  Means 
for  possible  funding. 
To  fund  this  bill  would  have  set  a 
precedent;  that  of  involving  the  Ways 
and  Means  Committee  in  the  application 
of  funds  rather  than  raising  funds  and 
specific  funding  of  this  bill  would  have 
established  a  dedicated  fund. 


520 


HOUSE  JOURNAL 13MAY82 


A  motion  will  be  made  to  lay  HB  40  on 
the  table  so  that  if  funds  are  available 
it  can  be  passed.  Rep.  W.  Douglas 
Scamman,  Jr.  for  Ways  and  Means. 

Rep.  Kidder  moved  that  the  words,  Ought 
to  Pass,  be  substituted  for  the  report  of 
the  Committee,  Inexpedient  to  Legislate, 
spoke  to  his  motion  and  yielded  to  Rep. 
Nardi  who  spoke  in  favor  of  the  motion  and 
yielded  to  questions. 

Reps.  Wiviott  and  Scamman  spoke  in  favor 
of  the  motion. 

Motion  adopted. 

Rep.  Kidder  offered  an  amendment. 

Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

relative  to  sheltered  care   facilities 

and  certain  monthly  allowances  and  making 

an  appropriation  therefore  and   relative 

to  reducing  the  appropriation  to   the 

youth  development  center. 

Amend  the  bill  by  striking  out  section  1 
and   inserting  in  place  thereof  the   following: 

1     Monthly  Allowance  Increase.     Amend 
1979,   473:3  by  striking  out  said  section  and 
inserting  in  place   thereof  the   following: 

473:3     Shared  Home  and  Community  Living 
Home  Residents;   Monthly  Allowance. 
Notwithstanding  any  statute  or   rule  to  the 
contrary,    the  monthly  allowance   for  persons 
living  in  certified   family  and  group  shared 
homes  and  approved  community  living  homes 


who   receive  old  age  assistance,    aid  to  the 
permanently  and   totally  disabled,    or  aid  to 
the  needy   blind  shall  be  $500,    including  any 
federal  assistance,    from  August   1,    1982,    to 
June  30,    1983.     The  monthly  allowance  of 
$500  does  not   include  any  disregards  or 
personal  allowances   intended  for  the  client. 

Amend   the   bill  by  striking  out  sections 
3  and  4  and   inserting  in  place  thereof  the 
following: 

3  Appropriation.     The  sum  of  $1,070,887 
is  hereby  appropriated   to   the  division  of 
welfare,    department  of  health  and  welfare, 
for  the   biennium  ending  June  30,    1983,    for 
the  purposes  of  section   1   of  this  act.     Said 
sum  is  appropriated   in  addition  to  any  other 
sums  appropriated   to  the  division  of  welfare 
to  provide  assistance  payments   to  persons 
described   in  section   1   so  that   the  monthly 
allowance   for  each  person   shall  be  at   least 
$500.     Of  said  sum  $543,793  shall  come  from 
the  general  fund  and  $527,094  shall  come 
from  other  (local)    funds.     The  governor  is 
authorized  to  draw  his  warrant   for  said  sums 
out  of  any  money  in  the   treasury  not 
otherwise  appropriated. 

4  Conditional  Amendment  to  Operating 
Budget.      If  HB   10-FN  of  the   1982  special 
session,    "An  Act  relative  to  amending  the 
operating  budget"   becomes  law,    section  5  of 
this  act  shall   take  effect.      If  section  5  of 
this  act  takes  effect,    the   legislative 
budget  assistant   is  hereby  authorized  to 
adjust  all  totals  as  required   by  the  passage 
of  section  5  of  this  act.      If  HB  10-FN  does 
not  become  law,    section  5  of  this  act  shall 
not   take  effect. 

5  Reduction  of  Appropriation  to  Youth 
Development   Center.     Amend   1981, 
568:1.02,18,04   by  striking  out  lines  8-16 
and   inserting  in  place  thereof  the  following: 


Personnel  services 
Operating  expenses 
Other  expenses 

Total 

Estimated   source  of  funds  for 

Professional  care  and  treatment 


FY   1982 

1,961,251 

131, TiO 

45 ,  68 1 

2,138,072 


FY   1983 

2,075,733 

110,073 

5 1 , 807 

2,237,613 


General  fund 
Other  funds 


Total 


2,077,072 
6 1 , 000 

2,138,072 


2,132,613 
105,000 

2,237,613 


II. 
12:01   a.m 


Effective  Date. 

I.  Sections  1,  2  and  3  of  this  act  shall  take  effect  July  1,  1982. 
Sections  4  and  5  of  this  act  shall  take  effect  July  1,  1982,  at 


Amendment  adopted. 
Ordered  to  third  reading. 


HOUSE  JOURNAL 13MAY82 


521 


HB  kk,   allowing  cities  and  towns  to 
impose  additional  taxes.  Inexpedient  to 
Legislate. 

The  majority  felt  this  concept  was  not 
something  that  could  be  fully  developed 
in  a  special  session  and  that  it  posed 
more  questions  than  answers  in  its 
present  form.  Vote.  9-5.  Rep.  Roger  C. 
Heath  for  Ways  and  Means. 

Rep.  Chambers  moved  that  the  words, 
Ought  to  Pass,  be  substituted  for  the  report 
of  the  Committee,  Inexpedient  to  Legislate, 
spoke  to  her  motion  and  withdrew  her  motion. 

Resolution  adopted. 

Rep.  Sackett  moved  that  HB  18-FN, 
relative  to  a  5$  tax  on  income,  be  removed 
from  the  table. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS   103  NAYS  202 

YEAS  103 

BELKNAP:  Birch,  Bolduc,  Bowler,  Gary 
Dionne,  Randall  and  Zeckhausen. 

CARROLL:  Barringer  and  Chase. 

CHESHIRE:  Barber,  Daniel  Eaton,  Gordon, 
Hickey,  Lane,  Lynch,  Matson,  Perry,  Proctor, 
Margaret  Ramsay,  William  Riley,  Rouillard, 
Patricia  Russell  and  Scranton. 

COOS:  Oleson. 

GRAFTON:   Armstrong,  Copenhaver,  Michael 
King,  LaMott,  Lynde,  Mann,  Melendy,  Seely, 
Walter  and  Ward. 

HILLSBOROUGH:  Richard  Ahem,  Arnold, 
Casinghino,  Duval,  Hendrick,  Horan, 
LaPierre,  McGlynn,  Messier,  Murray,  Nardi, 
Nemzoff,  Pastor,  Denise  Raiche,  Maureen 
Raiche,  Robie,  Leonard  Smith,  James  Sullivan 
and  James  J.  White. 

MERRIMACK:  Brady,  Daniell,  Kidder,  Morse, 
Paire,  Parker,  Gerald  Smith,  Stark,  Rick 
Trombly,  Mary  Jane  Wallner,  James 
Whittemore,  Wiviott  and  Zimmerman. 

ROCKINGHAM:  Appel,  Butler,  Marilyn 
Campbell,  Connors,  Cotton,  Thomas  Gage, 
Kenneth  Gould,  Greene,  Hollingworth, 
Kozacka,  Leslie,  Lockhart,  Norman  Myers, 
Pantelakos,  Pevear,  Quimby,  Read,  Myrtle 
Rogers,  Splaine,  Wojnowski,  Christopher  Wood 
and  Raymond  Wood. 

STRAFFORD:   Brown,  James  Chamber lin,  James 
Demers,  Albert  Dionne,  Drew,  Kincaid, 
Sackett,  Schreiber  and  Whitehead. 

SULLIVAN,  David  Campbell,  Forrest,  Sim  Gray, 
Ingram,  LeBrun,  Spaulding  and  Townsend. 

NAYS  202 

BELKNAP:  French,  Earle  Hardy,  Holbrook, 
Lamprey,  Christina  O'Neill,  Pearson,  Rich, 
Rollins  emd  Sanders. 


CARROLL:  Allen,  Dickinson,  Heath,  Keller, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Ernst,  Robert 
Galloway,  Johnson,  Moore,  O'Connor  and  Jean 
White. 

COOS:   Beaulac,  Brungot,  Bums,  Chappell, 
Chardon,  Richard  Demers,  Horton,  Langley, 
Mayhew,  Theriault,  Valliere,  Willey  and 
Wiswell. 

GRAFTON:   Buckman,  Chambers,  Christy, 
Driscoll,  Hammond,  Logan,  Look,  Mansfield, 
Mclver,  Pepitone,  Rounds,  Taffe,  Glyneta 
Thomson  and  Roger  Wood. 

HILLSBOROUGH:   Debora  Ahern,  Ahlgren, 
Ainley,  Baker,  Bridgewater,  Burkush, 
Carpenter,  Carragher,  Carswell,  Craig, 
Cronin,  William  Dion,  Dolbec,  Donovan, 
Duffett,  Clyde  Eaton,  Joseph  Eaton,  Ford, 
Gagnon,  Richard  Galway,  Granger,  Hall,  Head, 
Heald,  Healy,  Howard  Humphrey,  Thomas  Hynes, 
Kashulines,  Keefe,  Knight,  Labombarde, 
Lawrence,  Leclerc,  Levesque,  Martineau, 
Howard  Mason,  Mazur,  Milton  Meyers, 
Mulligan,  Naro,  Norman  Packard,  Aime 
Paradis,  Pariseau,  Peters,  Plomaritis,  G. 
Philip  Rodgers,  William  Russell,  Sallada, 
Silva,  B.  P.  Smith,  Edward  Smith,  Souoy, 
Spirou,  Steiner,  Stone,  Stylianos,  Mary 
Sullivan,  Tamposi,  Turgeon,  Vachon,  Vergas, 
Ware,  Watson,  Bernice  Welch,  Emma  Wheeler, 
Kenneth  Wheeler,  Robert  Wheeler,  M.  Arnold 
Wight,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  John  Gate,  Milton  Gate,  Degnan, 
James  Humphrey,  Locke,  Nichols,  David 
Packard,  Rayno,  Doris  Riley,  Margaret 
Roberts,  William  Roberts,  Savaria,  Stio, 
Lawrence  Sullivan  and  Waters. 

ROCKINGHAM:  Benton,  Blake,  Blanchette, 
William  Boucher,  Burdick,  Carpenito,  Cote, 
Day,  Downing,  Ellyson,  Espinola,  Felch, 
Flanagan,  Flanders,  Beverly  Gage,  Gretsch, 
Hoar,  John  Hynes,  Kane,  Kelley,  Roger  King, 
LoFranco,  Lovejoy,  Mace,  Robert  Mason, 
Nevins,  Newell,  Osborn,  Parr,  Rand,  Romoli, 
Scamman,  Schwaner,  Shurtleff,  Skinner, 
Stimmell,  Sytek,  Tavitian,  Tufts,  Vartanian, 
Warburton,  Wolfsen  and  Woodman. 

STRAFFORD:   Appleby,  Belhumeur,  Bernard, 
Bickford,  Blouin,  Bouchard,  Chagnon, 
Donnelly,  Anita  Flynn,  Gauvin,  Hennessey, 
Maglaras,  Meader,  Lawrence  Smith,  Franklin 
Torr  and  Ralph  Torr. 

SULLIVAN:   Ardinger,  Cutting,  D'Amante, 
Leonard  Gray  and  Palmer,  and  the  motion  lost. 

Reps.  Brideau  and  York  notified  the 
Clerk  that  they  wished  to  be  recorded  as 
voting  nay  on  the  motion  to  remove  HB  18 
from  the  table. 

Reps.  Baybutt  and  Chambers  moved  that 
the  House  now  adjourn  from  the  early 
session,  that  the  business  of  the  late 
session  be  in  order  at  the  present  time, 
that  the  reading  of  bills  be  by  title  only 
and  resolutions  by  caption  only  and  that  all 
bills  ordered  to  third  reading  be  read  a 


522 


HOUSE  JOURNAL 13MAY82 


third  time  by  this  resolution,  and  that  all 
titles  of  bills  be  the  same  as  adopted,  and 
that  they  be  passed  at  the  present  time,  and 
when  the  House  adjourn  today  it  be  to  meet 
at  the  call  of  the  Chair. 
Adopted. 

LATE  SESSION 
Third  reading  and  final  passage 

SB  8,  relative  to  criminal  commitments 
and  involuntary  civil  commitments. 

SB  24,  relative  to  the  Pontook  dam 
project. 

HB  43,  relative  to  election  of 
representatives  to  the  general  court  from 
Dover  and  establishing  ward  lines  for  the 
city  of  Manchester  and  amending  its  charter. 

HB  40,  relative  to  sheltered  care 
facilities  and  certain  monthly  allowances 
and  making  an  appropriation  therefore  and 
relative  to  reducing  the  appropriation  to 
the  youth  development  center. 

GOVERNOR'S  VETO  MESSAGE  ON  HB  15 

To  the  Honorable  Members  of  the  General  Court 

Pursuant  to  Article  44,  Part  2  of  the 
New  Hampshire  Constitution,  I  return  House 
Bill  15  with  my  objections  thereto  noted. 

During  the  1981  Regular  Session  the 
General  Court  enacted  legislation  over  my 
objection  which  eliminated  De  Novo  review  of 
Department  of  Employment  Security  Appeal 
Tribunal  decisions  by  the  Superior  Court. 
Created  in  its  place  was  an  Appellate 
Division  which  "shall  be  part  of  the 
department  of  employment  security  for 
organizational  purposes,  but  shall  operate 
independently  of  that  department."  (Chapter 
576,  Session  Laws  of  1981)  The  Appellate 
Division  is  comprised  of  5  members.   Its 
scope  of  review  is  extremely  limited  because 
it  is  an  appellate  body.  They  cannot 
receive  new  evidence.  And,  they  cannot 
substitute  their  judgement  as  to  the  weight 
of  the  evidence  on  questions  of  fact,  or  as 
to  the  prudence  or  desirability  of  a 
decision.  Their  review  authority  is  further 
limited  by  RSA  282-A:65  which  specifies  in 
part: 

"The  appellate  division  shall  reverse  or 
modify  the  decision  or  reward  the  case 
for  further  proceedings  only  if  the 
substantial  rights  of  the  appellant  had 
been  prejudiced  because  the  findings, 
inferences,  conclusions,  or  the  decision 


I.  In  violation  of  constitutional 
or  statutory  provisions i  or 

II.  In  excess  of  the  statutory 
authority  of  the  department  of  employment 
security;  or 

III.  Affected  by  reversible  error  of 
law;  or 

IV.  Affected  by  fraud;  or 
V.  Affected  by  the  absence  of 
newly  discovered  evidence,..." 

In  essence,  the  Division's  review 
authority  is  limited  to  matters  of  law. 
That  is  v*iy  last  year  I  nominated  and  the 


Executive  Council  confirmed  five  attorneys 
to  sit  as  members  of  this  board.  I  believe 
that  lawyers,  not  lay-people,  should  pass 
judgment  on  matters  of  law.  Not  because 
they  are  more  intelligent  or  have  greater 
insight.  Rather,  because  it  is  lawyers  who 
have  undergone  the  particular,  specialized, 
technical  training  which  enables  them  to 
review  matters  of  law  such  as  those  listed 
above. 

Further,  this  new  law  has  been  in  effect 
for  only  four  months.   Interim  rules  were 
adopted  by  the  Appellate  Division  in 
November  and  permanent  rules  were  adopted 
earlier  this  month.  The  hearing  process  has 
been  initiated  and  is  ongoing  according  to 
the  structure  enacted  by  the  legislature 
last  year.  There  is  no  evidence  to  suggest 
that  this  process  is  not  working  and  thus, 
there  is  no  reason  to  change  that  process  by 
amending  the  statute  at  this  time. 

For  these  reasons,  I  do  not  believe  that 
the  provisions  of  House  Bill  15  are  in  the 
best  interests  of  the  state  and  I 
respectfully  ask  you  to  uphold  the  action  I 
have  taken  in  returning  the  legislation  to 
you  with  my  objections. 

Sincerely, 

Hugh  J.   Gallen,    Governor 

Question  being  notwithstanding  the 
Governor's  veto,    shall  HB   15  pass. 

Reps.   Skinner  and  Belhumeur  spoke  in 
favor  of  the   bill. 

A  roll  call  was  taken  as  required   by  the 
Constitution. 

(Speaker  presiding) 

YEAS     233     NAYS     69 

YEAS     233 

BELKNAP:  Birch,  Bolduc,  Bowler,  French, 
Earle  Hardy,  Holbrook,  Lamprey,  Christina 
O'Neill,  Pearson,  Randall,  Rich,  Rollins, 
Sanders  and  Zeckhausen. 

CARROLL:  Barringer,  Chase,  Dickinson, 
Heath,  Keller  and  Kenneth  MacDonald. 

CHESHIRE:  Baybutt,  Crane,  Ernst,  Gordon, 
Johnson,  Lane,  Moore,  O'Connor,  Perry, 
Scranton  and  Jean  White. 

COOS:  Beau  lac,  Brungot,  Bums,  Chardon, 
Richard  Demers,  Horton,  George  Lemire, 
Theriault,  Willey,  Wiswell  and  York. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Copenhaver,  Driscoll,  Hammond,  LaMott, 
Logan,  Look,  Mann,  Mclver,  Melendy, 
Pepitone,  Rounds,  Seely,  Taffe,  Glyneta 
Thomson,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:  Ainley,  Arnold,  Bridgewater, 
Burkush,  Carpenter,  Carragher,  Carswell, 
Casinghino,  Craig,  Cronin,  William  Dion, 
Dolbec,  Donovan,  Duffett,  Clyde  Eaton, 
Joseph  Eaton,  Ford,  Richard  Galway,  Granger, 
Hall,  Head,  Heald,  Healy,  Howard  Humphrey, 
Thomas  Hynes,  Kashulines,  Keefe,  Knight, 
Labombarde,  LaPierre,  Lawrence,  Martineau, 
Howard  Mason,  Mazur,  McGlynn,  Messier, 
Milton  Meyers,  Murray,  Naro,  Norman  Packard, 
Aime  Paradis,  Pariseau,  Peters,  Denise 
Raiche,  Robie,  G.  Philip  Rodgers,  William 


HOUSE  JOURNAL  13MAY82 


523 


Russell,  Sallada,  Sllva,  Leonard  Smith, 
Steiner,  Stone,  Stylianos,  James  Sullivan, 
Mary  Sullivan,  Tamposi,  Turgeon,  Vachon, 
Vergas,  Ware,  Watson,  Emma  Wheeler,  Kenneth 
Wheeler,  Robert  Wheeler  and  Zajdel. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  Brady, 
John  Gate,  Milton  Gate,  Degnan,  James 
Humphrey,  Kidder,  Locke,  Nichols,  James 
O'Neill,  David  Packard,  Parker,  Rayno,  Doris 
Riley,  Margaret  Roberts,  William  Roberts, 
Savaria,  Gerald  Smith,  Stark,  Stio, 
Underwood,  Waters,  James  Whittemore,  Wiviott 
and  Zimmerman. 

ROCKINGHAM:  Appel,  Benton,  Blake,  William 
Boucher,  Burdick,  Butler,  Marilyn  Campbell, 
Cote,  Day,  Ellyson,  Espinola,  Felch, 
Flancigan,  Flanders,  Thomas  Gage,  Kenneth 
Gould,  Greene,  Gretsch,  Kane,  Kelley,  Roger 
King,  Lockhart,  Lovejoy,  Mace,  Robert  Mason, 
Norman  Myers,  Nevins,  Newell,  Osbom, 
Pantelakos,  Parr,  Pevear,  Quimby,  Rand, 
Myrtle  Rogers,  Romoli,  Scamman,  Schwaner, 
Shurtleff,  Skinner,  Splaine,  Stimmell, 
Sytek,  Tavitian,  Tufts,  Vartanian, 
Warburton,  Wolfsen,  Raymond  Wood  and  Woodman. 

STRAFFORD:   Appleby,  Belhumeur,  Bernard, 
Bickford,  Blouin,  Bouchard,  Brown,  James 
Chamber lin,  Albert  Dionne,  Donnelly,  Drew, 
Anita  Flynn,  Gauvin,  Kincaid,  Maglaras, 
Meader,  Lawrence  Smith,  Franklin  Torr,  Ralph 
Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  Cutting,  D'Amante, 
Forrest,  Leonard  Gray,  Sim  Gray,  Ingram, 
Palmer,  Spaulding  and  Townsend. 

NAYS  69 

BELKNAP:  Gary  Dionne. 

CARROLL:  None. 

CHESHIRE:  Barber,  Daniel  Eaton,  Hickey, 
Lynch,  Matson,  Proctor,  Margaret  Ramsay, 
William  Riley,  Rouillard  and  Patricia 
Russell. 

COOS:  Brideau,  Chappell,  Langley,  Mayhew, 
Oleson  £ind  Valliere. 

GRAFTON:   Chambers,  Michael  King,  Lynde  and 
Mansfield. 

HILLSBOROUGH:  Debora  Ahem,  Richard  Ahem, 
Ahlgren,  Baker,  Duval,  Gagnon,  Hendrick, 
Horan,  Leclerc,  Levesque,  Mulligan,  Nardi, 
Nemzoff,  Pastor,  Plomaritis,  Maureen  Raiche, 
B.  P.  Smith,  Edward  Smith,  Soucy,  Spirou, 
Bernice  Welch,  James  J.  White,  M.  Arnold 
Wight  and  Winn. 

MERRIMACK:  Bellerose,  Daniel!,  Morse,  Paire 
and  Rick  Trombly. 

ROCKINGHAM:  Blanchette,  Carpenito,  Connors, 
Cotton,  Downing,  Hollingworth,  John  Hynes, 
Kozacka,  Leslie,  LoFranco,  Read,  Wojnowski 
and  Christopher  Wood. 

STRAFFORD:   Chagnon,  James  Demers,  Hennessey 
and  Schreiber. 


SULLIVAN:   David  Campbell  and  LeBrun,  and 
the  veto  was  overridden  by  the  necessary 
two-thirds. 

GOVERNORS  VETO  MESSAGE  ON  HB  37 

To  the  Honorable  Members  of  the  General  Court 

Pursuant  to  Part  2,  Article  UU  of  the 
New  Hampshire  Constitution,  I  return  HB  37 
with  my  objections  thereto  noted. 

Section  2  of  this  Act  is  already 
contained  in  Chapter  29,  Session  Laws  of 
1982,  which  I  signed  into  law  earlier  last 
month.  Section  4  of  this  law  would 
drastically  change  the  manner  in  which  state 
representatives  are  elected  from  the  City  of 
Keene.  That  plan  assigns  only  one 
representative  for  the  approximately  1300 
residents  of  each  of  five  wards  and  further 
requires  that  four  representatives  are  to  be 
elected  at-large  from  all  five  wards 
combined  from  a  total  population  of  over 
21,000. 

Our  state's  Founding  Fathers,  as  well  as 
several  Constitutional  Conventions  and 
Legislatures  which  have  considered  the  issue 
of  representative  district  apportionment 
since  the  inception  of  our  republican  form 
of  government  have  repeatedly  endorsed  the 
fundamental  concept  of  small  district 
representation.  They  did  this  in  large 
part,  I  believe,  because  of  their  firm 
conmitment  to  the  constitutional  requirement 
that  no  person's  vote  shall  be  entitled  to 
greater  weight  than  another's. 

The  reapportionment  plan  which  you 
passed  earlier  this  year  and  which  I  signed 
into  law  contained  for  the  first  time  in  our 
state's  history  a  series  of  floterial 
districts.  The  concept  of  floterial 
districts  in  and  of  itself  is  not  one  which 
I  believe  was  violative  of  the  Constitution, 
nor  does  it  preclude  a  fair  apportionment 
plan  from  being  developed.  However,  I 
believe  the  plan  contained  in  Section  U   of 
HB  37  uses  the  floterial  district  to  the 
detriment  of  the  small  district 
representative  concept  and  interferes  with 
the  fundamental  one  man  one  vote  principle. 

Additionally,  I  have  been  requested  by 
the  overwhelming  majority  of  state 
representatives  from  the  City  of  Keene  to 
veto  this  legislation.  I  believe  that  the 
state  Legislature  should  not  overrule  the 
wishes  of  those  at  the  local  level  on 
matters  which  pertain  only  to  the  manner  and 
form  in  which  their  individual 
representatives  shall  be  elected. 

Further,  because  Section  4  of  the  bill 
becomes  effective  only  on  January  1,  1984, 
and  because  the  apportionment  plan  for  all 
flvs  vards  has  previously  beea  aianed  into 
law  and  will  be  in  effect  for  the  upcoming 
election,  there  is  no  urgent  need  to  enact  a 
plan  to  amend  this  plan  until  sometime 
during  the  next  regular  session. 

I  hope  you  will  concur  with  my 
objections  and  sustain  this  veto. 
Sincerely, 
Hugh  J.  Gallen,  Governor 

Question  being  notwithstanding  the 
Governor's  veto,  shall  HB  37  pass. 


524 


HOUSE  JOURNAL 13MAY82 


Reps.  Chambers,  Barber  and  Spirou  spoke 
against  the  bill. 

Rep.  Chase  spoke  to  the  bill  and  yielded 
to  questions. 

Reps.  Baybutt  and  Lane  spoke  in  favor  of 
the  bill. 

Reps.  Elmer  Johnson  and  Cutting  spc*ce  in 
favor  of  the  bill  and  yielded  to  questions. 

Rep.  Barber  spc*<e  a  second  time  and 
yielded  to  questions. 

Rep.  Lane  spoke  a  second  time  in  favor 
of  the  bill. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

A  roll  call  was  taken  as  required  by  the 
Constitution. 


STRAFFORD:   Appleby,  Belhumeur,  Bernard, 
Bickford,  Bouchard,  Brown,  James  Chamberlin, 
Donnelly,  Drew,  Maglaras,  Meader,  Lawrence 
Smith,  Franklin  Torr,  Ralph  Torr  and 
Whitehead. 

SULLIVAN:   Ardinger,  Cutting,  Leonard  Gray, 
Sim  Gray,  Ingram,  Palmer,  Spaulding  and 
Townsend . 

NAYS  121 

BELKNAP:  Bolduc,  Bowler,  Gary  Dionne  and 
Lamprey. 

CARROLL:  Allen  and  Dickinson. 


(Speaker  presiding) 

YEAS   185  NAYS   121 

YEAS  185 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Holbrook,  Christina  O'Neill,  Pearson, 
Randall,  Rich,  Rollins,  Sanders  and 
Zeckhausen. 

CARROLL:  Barringer,  Chase,  Heath,  Keller, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Ernst,  Robert 
Galloway,  Gordon,  Johnson,  Lane,  Moore, 
O'Connor,  Perry  and  Jean  White. 

COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Richard  Demers,  Horton  and  Willey. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Driscoll,  Hammond,  LaMott,  Logan,  Look, 
Mann,  Mansfield,  Mclver,  Melendy,  Pepitone, 
Rounds,  Seely,  Taffe,  Glyneta  Thomson, 
Walter  and  Roger  Wood. 

HILLSBOROUGH:  Ainley,  Bridgewater, 
Carpenter,  Carragher,  Carswell,  Dolbec, 
Duffett,  Clyde  Eaton,  Ford,  Granger,  Head, 
Heald,  Howard  Humphrey,  Thomas  Hynes, 
Kashulines,  Keefe,  Knight,  Labombarde, 
LaPierre,  Lawrence,  Martineau,  Howard  Mason, 
Messier,  Murray,  Norman  Packard,  Pariseau, 
Peters,  G.  Philip  Rodgers,  William  Russell, 
Sallada,  Silva,  Leonard  Smith,  Steiner, 
Stone,  Stylianos,  James  Sullivan,  Tamposi, 
Vergas,  Ware,  Emma  Wheeler,  Kenneth  Wheeler 
and  M.  Arnold  Wight. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  Brady, 
John  Gate,  Milton  Gate,  James  Humphrey, 
Kidder,  Locke,  Nichols,  David  Packard, 
Parker,  Doris  Riley,  Margaret  Roberts, 
William  Roberts,  Savaria,  Stark,  Stio, 
Underwood,  Waters,  James  Whittemore,  Wiviott 
and  Zimmerman. 


CHESHIRE:  Barber,  Daniel  Eaton,  Hickey, 
Lynch,  Matson,  Proctor,  William  Riley, 
Rouillard,  Patricia  Russell  and  Scranton. 

COOS:  Beaulac,  Brideau,  Langley,  George 
Lemire,  Mayhew,  Oleson,  Theriault,  Valliere, 
Wiswell  and  York. 

GRAFTON:   Chambers,  Copenhaver,  Michael 
King,  Lynde  and  Ward. 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahem, 
Ahlgren,  Arnold,  Baker,  Burkush,  Casinghino, 
Craig,  Cronin,  William  Dion,  Donovan,  Duval, 
Joseph  Eaton,  Gagnon,  Richard  Galway,  Hall, 
Healy,  Hendrick,  Horan,  Leclerc,  Levesque, 
Mazur,  McGlynn,  Milton  Meyers,  Mulligan, 
Nardi,  Naro,  Nemzoff,  Aime  Paradis,  Pastor, 
Plomaritis,  Denise  Raiche,  Maureen  Raiche, 
Robie,  B.  P.  Smith,  Edward  Smith,  Soucy, 
Spirou,  Mary  Sullivan,  Turgeon,  Vachon, 
Watson,  Bernice  Welch,  Robert  Wheeler,  James 
J.  White,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Daniell,  Degnan, 
Morse,  James  O'Neill,  Paire,  Rayno,  Gerald 
Smith  and  Rick  Trombly. 

ROCKINGHAM:  Blanchette,  Carpenito,  Connors, 
Cotton,  Downing,  Greene,  Hoar,  Hollingworth, 
John  Hynes,  Kozacka,  Leslie,  LoFranco, 
Joseph  MacDonald,  Norman  Myers,  Pantelakos, 
Pevear,  Read,  Scamman,  Splaine,  Wojnowski 
and  Christopher  Wood. 

STRAFFORD:  Blouin,  Chagnon,  James  Demers, 
Albert  Dionne,  Anita  Flynn,  Gauvin, 
Hennessey,  Kincaid  and  Schreiber. 

SULLIVAN:   David  Campbell,  D'Amante,  Forrest 
and  LeBrun,  and  the  veto  was  sustained 
lacking  the  constitutional  requirement  of 
two-thirds. 

SUSPENSION  OF  RULES 


ROCKIMGHAM;     App«l,   Benton,   Blake,   Will  lam 
Boucher,   Burdidc,   Butler,   Marilyn  Campbell, 
Cote,    Day,   Ellyson,   Espinola,    Felch, 
Flanagan,   Flanders,   Thomas  Gage,   Kenneth 
Gould,   Gretsch,   Kane,   Kelley,   Roger  King, 
Lockhart,    Lovejoy,   Mace,   Robert  Mason, 
Nsvins,    Newell,   Osbom,   Parr,   Quimby,   Rand, 
Myrtle  Rogers,   Romoli,   Schwaner,   Shurtleff, 
Skinner,   Stinnnell,   Sytek,   Tavitian,   Tufts, 
Vartanian,   Warburton,   Wolfsen,   Raymond  Wood 
suid  Woodman. 


Rep.  MoltinsoD  jnoYed  that  the  rules  be 
30  far  suspended  as  to  permit  the 
Introduction  cind  consideration  at  the 
present   time  of  a  resolution   relative  to  the 
constitutionality  of  the  minimum  business 
profits   tax. 

Reps.   French,   Spirou  and  Scamman  spoke 
in  favor  of  the  motion. 

Adopted   by  the  necessary  two-thirds. 


HOUSE  JOURNAL 13MAY82 


525 


HOUSE  RESOLUTION  NO.  13 

relative  to  the  constitutionality 

of  the  minimum  business 

profits  tax. 

WHEREAS,  HB  10-FN,  an  act  relative  to 
amending  the  operating  txidget,  contains  in 
section  71  a  proposed  amendment  to  RSA 
77-A:2-a,  the  minimum  business  profits  tax, 
and 

WHEREAS,  the  proposed  amendment  would 
provide  for  payment  of  a  $250  minimum  tax  by 
each  business  which  is  required  to  make  a 
return  under  RSA  77-A:6  which  has  a  gross 
business  income  in  excess  of  $50,000,  and 

WHEREAS,  a  case  is  currently  pending 
before  the  New  Hampshire  supreme  court, 
Johnson  &  Porter  Realty  Co.  v.  Price,  which 
calls  into  question  the  constitutionality  of 
the  $250  minimum  tax,  now,  therefore  be  it 

RESOLVED,  by  the  House  of 
Representatives  that  the  justices  of  the 
supreme  court  be  respectfully  requested  to 
expedite  their  consideration  of  the 
constitutional  questions  raised  in  Johnson  & 
Porter  Realty  Co.  v.  Price,  so  that  the 
general  court  may  have  prompt  benefit  of 
their  determination. 

The  Assistant  Clerk  read  the  resolution. 

Rep.  Dickinson  explained  the  resolution. 

Rep.  Spirou  spoke  in  favor  of  the 
resolution. 

The  previous  question  was  moved. 
Sufficiently  seconded.  Adopted. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS  301   NAYS  k 

YEAS  301 

BELKNAP:  Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Holbrook, 
Lamprey,  Christina  O'Neill,  Pearson, 
Randall,  Rich,  Rollins,  Sanders  and 
Zeckhausen. 

CARROLL:  Allen,  Barringer,  Chase, 
Didcinson,  Heath,  Keller,  Kenneth  MacDonald 
and  Kenneth  Smith. 

CHESHIRE:  Barber,  Crane,  Daniel  Eaton, 
Ernst,  Robert  Galloway,  Gordon,  Hickey, 
Johnson,  Lane,  Lynch,  Matson,  Moore, 
O'Connor,  Perry,  Proctor,  Margaret  Ramsay, 
William  Riley,  Rouillard,  Patricia  Russell, 
Scranton  and  Jean  White. 

COOS:  Beaulac,  Brideau,  Brungot,  Burns, 
Chappell,  Chardon,  Richard  Demers,  Horton, 
Langley,  George  Lemire,  Mayhew,  Oleson, 
Theriault,  Valliere,  Willey^  Wiswell  and 
York. 

GRAFTON:   Armstrong,  Buckman,  Chambers, 
Christy,  Driscoll,  Hammond,  Michael  King, 
LaMott,  Logan,  Look,  Lynde,  Mann,  Mansfield, 
Mclver,  Melendy,  Rounds,  Seely,  Taffe, 
Glyneta  Thomson,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:  Debora  Ahem,  Richard  Ahern, 
Ahlgren,  Ainley,  Arnold,  Baker,  Bridgewater, 
Burkush,  Carpenter,  Carragher,  Carswell, 


Casinghino,  Craig,  Cronin,  William  Dion, 
Dolbec,  Donovan,  Duffett,  Duval,  Joseph 
Eaton,  Ford,  Gagnon,  Richard  Galway, 
Granger,  Sal  Grasso,  Hall,  Head,  Heald, 
Healy,  Hendrick,  Horan,  Howard  Humphrey, 
Thomas  Hynes,  Kashulines,  Keefe,  Knight, 
Labombarde,  LaPierre,  Lawrence,  Leclerc, 
Levesque,  Martineau,  Howard  Mason,  Mazur, 
McGlynn,  Messier,  Milton  Meyers,  Mulligan, 
Murray,  Naro,  Nemzoff,  Norman  Packard,  Aime 
Paradis,  Pariseau,  Pastor,  Peters, 
Plomaritis,  Denise  Raiohe,  Maureen  Raiche, 
Robie,  G.  Philip  Rodgers,  William  Russell, 
Sallada,  Silva,  B.  P.  Smith,  Edward  Smith, 
Leonard  Smith,  Soucy,  Spirou,  Steiner, 
Stone,  Stylianos,  James  Sullivan,  Mary 
Sullivan,  Tamposi,  Turgeon,  Vachon,  Vergas, 
Ware,  Watson,  Bernice  Welch,  Emma  Wheeler, 
Kenneth  Wheeler,  Robert  Wheeler,  James  J. 
White,  M.  Arnold  Wight,  Winn  and  Zajdel. 

MERRIMACK:   Bellerose,  Bibbo,  Laurent 
Boucher,  Brady,  John  Gate,  Milton  Gate, 
Daniell,  Degnan,  James  Humphrey,  Kidder, 
Locke,  Morse,  Nichols,  James  O'Neill,  David 
Packard,  Paire,  Parker,  Rayno,  Doris  Riley, 
Margaret  Roberts,  William  Roberts,  Savaria, 
Gerald  Smith,  Stark,  Stio,  Rick  Trombly, 
Underwood,  Waters,  James  Whittemore,  Wiviott 
and  Zimmerman. 

ROCKINGHAM:  Appel,  Benton,  Blake, 
Blanchette,  William  Boucher,  Burdick, 
Butler,  Marilyn  Campbell,  Carpenito, 
Connors,  Cote,  Cotton,  Day,  Downing, 
Ellyson,  Espinola,  Felch,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Greene,  Gretsch,  Hoar,  Hollingworth, 
John  Hynes,  Kane,  Kelley,  Roger  King, 
Kozacka,  Leslie,  Lockhart,  LoFranco, 
Lovejoy,  Joseph  MacDonald,  Mace,  Robert 
Mason,  Norman  Myers,  Newell,  Osborn, 
Pantelakos,  Parr,  Pevear,  Quimby,  Rand, 
Read,  Myrtle  Rogers,  Romoli,  Scamman, 
Schwaner,  Shurtleff,  Skinner,  Splaine, 
Stimmell,  Sytek,  Tavitan,  Tufts,  Vartanian, 
Wojnowski,  Wolf sen,  Raymond  Wood  and  Woodman. 

STRAFFORD:  Appleby,  Belhumeur,  Bernard, 
Bickford,  Blouin,  Bouchard,  Brown,  Chagnon, 
James  Chamber lin,  James  Demers,  Albert 
Dionne,  Donnelly,  Drew,  Anita  Flynn,  Gauvin, 
Hennessey,  Kincaid,  Maglaras,  Meader, 
Schreiber,  Lawrence  Smith,  Franklin  Torr, 
Ralph  Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  David  Campbell, 
Cutting,  D'Amante,  Forrest,  Leonard  Gray, 
Sim  Gray,  Ingram,  LeBrun,  Palmer,  Spaulding 
and  Townsend. 

NAYS  1) 
BELKNAP:   None. 
CARROLL:  None. 
CHESHIRE:  None. 
COOS :  None . 
GRAFTON:   Pepitone. 
HILLSBOROUGH:   Clyde  Eaton. 
MERRIMACK:  None. 


526 


HOUSE  JOURNAL 13MAY82 


ROCKINGHAM:   Warburton  and  Christopher  Wood. 

STRAFFORD:   None. 

SULLIVAN:  None,  and  the  resolution  was 
adopted. 

Rep.  Baybutt  notified  the  Clerk  that  she 
wished  to  be  recorded  in  favor  of  HR  13. 

ENROLLED  BILLS  AMENDMENT 

HB  27,  relative  to  educational  expenses 
for  certain  handicapped  children,  relative 
to  license  plates  for  handicapped  persons, 
relative  to  placement  of  minors  and  children 
in  foster  homes  and  relative  to  the  special 
education  program  of  the  child  and 
adolescent  unit  at  the  New  Hampshire 
hospital  and  making  an  appropriation 
therefor. 

Amendment 

Amend  the  bill  by  striking  out  section 
18  and   inserting  in  place   thereof  the 
following: 

18  Contingent  Authority.      If  HB  10-FN, 
An  Act  relative  to  amending  the  operating 
budget,    of  the   1981-82  special  session  of 
the  general  court  shall   become  law,    the 
director  of  legislative  services,    with  the 
approval  of  the  speaker  of  the  house  and  the 
president  of  the  senate,    is  hereby 
authorized  to  assign  subparagraph  letter 
designations   in  RSA  6:12,    I   inserted   by 
section  3  of  this  act  and   to  meike  such  minor 
grannatical  and  punctuation  changes 
necessary,    provided  that  no  substantive 
changes  may  thereby  be  made.     Such  authority 
shall  expire  upon  the  printing  of  the   1982 
session   laws. 

19  Effective  Date. 

I.  Sections  1  through  11  and  18 
of  this  act  shall  take  effect  upon  its 
passage. 

II.  Sections  12  through  17  of  this 
act  shall  take  effect  30  days  after  its 
passage. 

This  amendment  prevents  a  potential 
duplication  of  paragraph  designations. 
Adopted. 

HB  m-FN,  to  conform  the  unemployment 
compensation  law  to  federal  requirements. 

Amendment 

Amend  RSA  282-A:178,  11(a)(3)  as 
inserted  by  section  8  of  the  bill  by 
striking  out  line  2  and  inserting  in  place 
thereof  the  following: 

282-A:l40  for  payment  to  the  United 
States  of  America  where  it  has  been 

This  amendment  corrects  a  cross 
reference. 
Adopted. 

INTRODUCTION  OF  SENATE  BILL 
First,  second  reading  £ind  referral 

SB  20,  relative  to  legalizing  annual 
town  meetings,  granting  zoning  authority  to 


village  districts,  relative  to  commercial 
fishing  activities,  reinstating  a  defunct 
corporation,  correcting  certain  other 
provisions  of  the  RSA  and  the  1982  operating 
budget.   (Appropriations) 

SUSPENSION  OF  RULES 

Reps.  French  and  Spirou  moved  that  the 
rules  be  so  far  suspended  as  to  permit 
consideration  at  the  present  time  of  SB  20, 
relative  to  legalizing  annual  town  meetings, 
granting  zoning  authority  to  village 
districts,  relative  to  commercial  fishing 
activities,  reinstating  a  defunct 
corporation,  correcting  certain  other 
provisions  of  the  RSA  and  the  1982  operating 
budget . 

Reps.  Randall,  Kidder  and  Mann  spoke  in 
favor  of  the  motion. 

Rep.  Gary  Dionne  spoke  in  favor  of  the 
motion  and  yielded  to  questions. 

Rep.  Warburton  spoke  to  the  motion. 

Adopted  by  the  necessary  two-thirds. 

Reps.  French  and  Spirou  moved  that  SB 
20,  relative  to  legalizing  annual  town 
meetings,  granting  zoning  authority  to 
village  districts,  relative  to  commercial 
fishing  activities,  reinstating  a  defunct 
corporation,  correcting  certain  other 
provisions  of  the  RSA  and  the  1982  operating 
budget,  be  read  a  third  time  and  passed  at 
the  present  time. 

Rep.  Woodman  requested  that  the  question 
be  divided. 

Reps.  Spirou  and  French  spoke  in  favor 
of  dividing  the  question. 

The  Speaker  ruled  that  SB  20  was 
divisable. 

Question  being  on  sections  1,  and  U 
through  21  of  SB  20. 

Adopted. 

Question  being  on  sections  2  and  3  of  SB 
20. 

Reps.  Woodman  and  French  spoke  against 
sections  2  and  3- 

Rep.  French  spoke  in  favor  of  sections  2 
and  3- 

The  previous  question  was  moved. 
Sufficiently  seconded.  Adopted. 

Sections  2  and  3  of  SB  20  were  not 
adopted. 

Third  reading  and  final  passage 

SB  20,  relative  to  legalizing  annual 
town  meetings,  granting  zoning  authority  to 
village  districts,  relative  to  commercial 
fishing  activities,  reinstating  a  defunct 
corporation,  correcting  certain  other 
provl.ilnaa  of  the  &3k  and.  the  1982  operating 
budget 

The  Coos  County  Delegation  offered  the 
following: 

HOUSE  RESOLUTION  NO.  14 


on  the  death  of 
former  Representative  Hilda  F. 
of  Berlin 


Brungot 


HOUSE  JOURNAL 13MAY82 


527 


WHEREAS,  we  have  learned  with  sorrow  of 
the  death  of  95-year-old  Hilda  Brungot,  who 
served  longer  in  the  General  Court  than  suiy 
other  member   in  its  history,   and 

WHEREAS,    voters  of  Ward  3  in  the  City  of 
Berlin  first  chose  Mrs.   Bumgot,    then  U4,    to 
represent   them  in  Concord   in  1931.    electing 
her  to  the  seat  her  father  had  held   in  the 
previous  session,    and 

WHEREAS,    during  the  succeeding  five 
decades   this  strong-willed  mother  of  six 
children  was  returned  to   the  Legislature 
eighteen  times,    her  accumulation  of 
thirty-eight  years   service  being  a  record 
for  women   legislators   in  the  entire  United 
States,    and 

WHEREAS,  she  also  was  elected  to  all  six 
Constitutional  Conventions  held  from  1930  to 
197'),   and 

WHEREAS,   Representative  Brungot   is  one 
of  only  three  women  whose  portraits  are  hung 
in  the  State  House,    hers  being  dedicated   in 
her  presence  on  June  29,    1978,    now  therefore 
be  it 

RESOLVED,    by  the  House  of 
Representatives   in  Special  Session 
assembled,    that   the  members  of  the  House  do 
hereby  extend  their  sympathy   to  her  family, 
and  be  it   further, 

RESOLVED,    that  a  suitable  copy  of  these 
resolutions   be  presented  to  her 
daughter-in-law,   Representative  Catherine 
Brungot,    for  presentation  to  the   family. 

Unanimously  adopted  by  a  rising  vote  of 
silent  prayer. 

Rep.  French  moved   that   the  House  stand 
in  recess   for  the  purpose  of  Introduction  of 
Bills  and  Enrolled  Bills  Reports  only. 

Adopted. 


District 

22 

Nashua 

Ward 

1 

3 

District 

23 

Nashua 

Ward 

2 

3 

District 

24 

Nashua 

Ward 

3 

3 

District 

25 

Nashua 

Ward 

1,  2  and  3 

1 

District 

26 

Nashua 

Ward 

5 

3 

District 

27 

Nashua 

Ward 

4 

3 

District 

28 

Nashua 

Ward 

6 

3 

District 

29 

Nashua 

Ward 

7 

3 

District 

30 

Nashua 

Ward 

8 

3 

District 

31 

Nashua 

Ward 

4,  6,  7,  &  8 

1 

District 

32 

Nashua 

Ward 

9 

3 

District 

33 

Manchester 

Ward 

1 

4 

District 

34 

Manchester 

Ward 

2 

Manchester 

Ward 

6 

7 

District 

35 

Manchester 

Ward 

3 

3 

District 

36 

Manchester 

Ward 

4 

3 

District 

37 

Manchester 

Ward 

5 

3 

District 

38 

Manchester 

Ward 

7 

3 

District 

39 

Manchester 

Ward 

8 

Manchester 

Ward 

9 

7 

District 

40 

Manchester 

Ward 

10 

3 

District 

41 

Manchester 

Ward 

11 

3 

District 

42 

Manchester 

Ward 

12 

4 

Amend  section  5  of  the  bill  by  striking 
out  lines  2  and  3  and  inserting  in  place 
thereof  the  following: 

inserted  by  1979,  436:1  as  amended  by 
striking  out  the  delegates  for  Nashua  and 
inserting  in  place  thereof  the  following: 

This  amendment  corrects  errors  in 
amending  language  and  eliminates  a  district 
numbering  problem. 

This  amendment  also  corrects  an  error  in 
amending  language. 

Adopted. 

ENROLLED  BILLS  REPORT 


The  House  recessed  at  8:37  p.m. 

RECESS 
(Rep.  Parr  in  the  Chair) 

ENROLLED  BILLS  AMENDMENTS 

HE  11,  relative  to  amending  the  capital 

budget,  relative  to  foreign  trade  zones  aind 

appropriating  funds  to  the  fish  and  game 
commission. 

Amendment 

Amend  paragraph  II  of  section  30  of  the 
bill  by  striking  out  line  one  and  inserting 
in  place  thereof  the  following: 

II.  Amend  1979,  435:1,  VII,  C(5)  by 
striking  out  said  subparagraph 

Adopted. 

HE  32,  establishing  the  ward  lines  in 
the  city  of  Nashua. 

Amendment 

Amend  section  4  of  the  bill  by  striking 
out  lines  2  through  14  and  inserting  in 
place  thereof  the  following: 

inserted  by  1979,  436:1  as  amended  by 
striking  out  the  districts  for  Nashua  and 
Manchester  and  inserting  in  place  thereof 
the  following: 


SB  8,  relative  to  criminal  commitments 
and  involuntary  civil  commitments. 

SB  24,  relative  to  the  Pontook  dam 
project. 

Rep.  Nancy  Baybutt 
Sen.  Laurier  Lamontagne 
For  the  Committee. 

RECESS 
(Rep.  Nardi  in  the  Chair) 

ENROLLED  BILLS  REPORT 

HB  32,  establishing  the  ward  lines  in 
the  city  of  Nashua. 

HB  41,  to  conform  the  unemployment 
compensation  law  to  federal  requirements. 

HB  11,  relative  to  amending  the  capital 
budget,  relative  to  foreign  trade  zones  and 
appropriating  funds  to  the  fish  and  game 
comnission. 

HB  27,  relative  to  educational  expenses 
for  certain  handicapped  children,  relative 
to  license  plates  for  handicapped  persons, 
relative  to  placement  of  minors  and  children 
in  foster  homes  and  relative  to  the  special 
education  program  of  the  child  and 
adolescent  unit  at  the  New  Hampshire 
hospital  and  making  an  appropriation 
therefor. 

SB  9,  relative  to  the  sale  of  unvented 
space  heaters. 

Rep.  Nancy  Baybutt 
Sen.  Laurier  Lamontagne 
For  the  Committee. 


528 


HOUSE  JOURNAL 13MAY82 


RECESS 
(Speaker  in  the  Chair) 

SENATE  MESSAGES 
CONCURRENCE  WITH  AMENDMENT 

SB  20,    relative  to   legalizing  annual 
town  meetings,   granting  zoning  authority  to 
village  districts,    reinstating  a  defunct 
corporation,    and  correcting  certain  other 
provisions  of  the  RSA  and  the   1982  operating 
budget. 

CONCURRENCE 

HB  43,    relative  to  election  of 
representatives  to  the  General  Court   from 
Dover  and  establishing  ward   lines  for  the 
city  of  Manchester  and  amending  its  charter. 

VETO  OVERRIDDEN 

HB  15,    requiring  a  representative  from 
management,    one  from  labor,    and  one 
representing  the  public   in  the  appellate 
division  of  the  department  of  employment 
security. 

REQUESTS   CONCURRENCE 

SB  23-FN,    relative   to  the  tax  on 
pari-mutuel  pools. 


INTRODUCTION  OF  SENATE  BILL 
First,    second   reading  and  referral 

SB  23-FN,    relative  to   the   tax  on 
pari-mutuel  pools.      (Appropriations  and  Ways 
and  Means) 

ENROLLED  BILLS  REPORT 

HB   43,    relative   to  election  of 
representatives   to   the  general  court   from 
Dover  and  establishing  ward   lines  for  the 
city  of  Manchester  and  amending  its  charter. 

SB  20,    relative   to   legalizing   annual 
town  meetings,    granting  zoning  authority   to 
village  districts,    reinstating  a  defunct 
corporation,   and  correcting  certain  other 
provisions  of  the  RSA  and  the   I982  operating 
budget. 

Rep.  Nancy  Baybutt 
Sen.   Laurier  Lamontagne 
For  the   Committee. 

Rep.   French  moved  that  the  House  adjourn. 
Adopted . 


529 


HOUSE 
JOURNAL  11 

Wednesday  9Jun82 


The  House  assembled  at  11:00  a.m.,    and 
was  called  to  order  by   the  Speaker. 

Prayer  was  offered   by  the  House 
Chaplain,   Rev.  William  L.   Quirk. 

Let  us  Pray: 

Our  Father  in  heaven,  we  ask  for  Your 
presence  with  our  assembly  this  day.  We  are 
grateful  to  You  for  the  great  resources  of 
this  State  in  which  ve  live  and  serve  and 
for  the  freedom  which  has  been  our  heritage. 

The  request  we  make  of  You  is  that  You 
inspire  our  leadership  and  membership  to 
serve  those  we  represent  with  integrity. 
Make  our  economy  fruitful  and  may  it  be  born 
and  nourished  with  justice  and  charity. 

Continue  Your  watchful  providence  over 
us  and  make  us  one  with  You  and  one 
another.  Amen. 

Rep.  Waters  led  the  Pledge  of  Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  Hennessey,  Fred  Murray,  Naro,  Myrl 
Eaton,  Craig,  Marilyn  Campbell,  Milton  Cate, 
Nelson  Chamberlin  and  Daniell,  the  day, 
illness. 

Reps.  Drew,  Hendrick,  Plomaritis, 
Holmes,  Hanus,  Zeckhausen,  Chase,  Rayno, 
Record,  Ernest  Brown,  Michael  King,  Duffett, 
Emma  Wheeler,  Robie,  Woodman,  Edward  Smith, 
Osbom,  Wojnowski,  Franklin  Torr  and  Myrtle 
Rogers,  the  day,  important  business. 

Reps.  Lamy  and  Blouin,  the  day,  death  in 
the  family. 

INTRODUCTION  OF  GUESTS 

Olivette  Kelly  and  Mrs.  Margaret 
Hepworth,  wife  and  guest  of  Rep.  Glenden 
Kelley;  William  S.  Ardinger,  father  of  Rep. 
Ardinger;  Elizabeth  Watts,  guest  of  Rep. 
Sytek;  Mrs.  William  Russell  and  Mr.  Larry 
Ackerman,  wife  and  guest  of  Rep.  William 
Russell;  Mrs.  Richard  Chatollier,  mother  of 
Rep.  Peter  Ramsey  and  Rebecca  Hill,  guest  of 
Rep.  Kidder. 

VETO  MESSAGE  ON  HB  10 

To  the  Honorable  Members  of  the  General  Court 

Pursuant  to  Part  II,  Article  4U  of  the 
New  Hampshire  Constitution,  I  return 
herewith  House  Bill  10,  with  my  objections 
thereto  noted. 

This  budget  is  fundamentally  and  fatally 
flawed.  To  sign  it  would  lend  my 
endorsement  to  planned  financial  chaos,  and 
give  my  support  to  an  ill-advised  program 


certain  to  result  in  successful  litigation 
against  the  state.  Signing  this  bill  would 
mean  renouncing  legitimate  and  fundamental 
state  obligations;  it  would  guarantee  a 
deficit  at  the  end  of  this  biennium. 

But  standing  idly  by  and  allowing  this 
bill  to  become  law  without  my  signature 
would  be  worse.  That  is  the  course  which 
many  have  urged  upon  me  in  the  past  five 
days.  That  is  the  course  of  quick  political 
expediency.  And  that  is  the  course  which 
would  abandon  the  special  responsibility  of 
state  leadership,  with  which  I,  and  I  alone 
in  New  Hampshire,  have  been  entrusted. 

A  budget  is  more  than  a  mere  compilation 
of  numbers.  More  than  any  other  document, 
more  than  any  other  law,  it  defines  the 
philosophy  of  government  and  it  describes 
the  role  and  responsibility  of  government. 
A  budget  gives  state  government  its  voice. 
It  speaks  to  the  financial  community; 
telling  investors  of  New  Hampshire's 
willingness  and  capacity  to  meet  its 
obligations.   It  speaks  to  the  taxpayers; 
telling  them  of  their  state's  ability  to 
make  difficult  decisions  involving  the 
allocation  of  their  hard-earned  dollars. 
And  it  speaks  to  those  who  are  a  part  of 
state  government  and  those  who  are  served  by 
state  government;  describing  for  them  the 
state's  level  of  compassion,  its  sense  of 
justice  and  its  concern  for  equity. 

My  commitment  to  the  people  of  New 
Hampshire  is  simple:   it  is  to  talk  straight 
to  them  about  the  terribly  difficult  and 
complex  issues  which  confront  this  state 
government,  and  its  counterparts  all  across 
America.  I  would  not  be  true  to  that 
comnitment  if  I  were  to  allow  this  budget, 
which  gives  state  government  a  false  and 
misguided  voice,  to  pass. 

This  budget  says  to  the  financial 
conmunity  that  New  Hampshire  is  incapable  of 
calculating  its  debt  service  cost,  and  that 
the  commitment  to  pay  this  most  fundamental 
of  state  bills  simply  can't  be  made  at  this 
time. 

This  budget  says  to  the  taxpayers  of  New 
Hampshire  that  vre  would  rather  commit 
ourselves  to  deficit  spending,  by  balancing 
a  budget  on  revenue  which  we  know  does  not 
exist,  than  make  hard  decisions  to  seek  out 
alternative  funding  possibilities  or  reduce 
other  programs. 

By  themselves,  these  two  facts  should  be 
sufficient  to  cause  any  Governor  with  a 
concern  for  the  financial  well-being  of  New 
Hampshire  to  exercise  the  power  of  the 
veto.  But  the  fundamental  defects  of  House 
Bill  10  go  far  beyond  these  two  issues. 

The  bill  utterly  ignores  known 
obligations.   It  fails  to  appropriate 
sufficient  funds  to  cover  indigent  defense 
bills  uhicb  are  already  on  liand>  Does 
someone  believe  that  if  we  bury  our  heads  in 
the  sand  long  enough,  this  problem  will  go 
away? 

Despite  repeated  warnings  from  the 
Warden,  it  funds  the  State  Prison  at  a  level 
which  makes  it  impossible  to  remain  in 
compliance  with  the  federal  court  order 
under  which  that  institution  must  operate. 

It  borrows  more  than  $1.7  million  from 
the  mayors  and  the  selectmen  and  the 
property  taxpayers  of  our  state  by  once 


530 


HOUSE  JOURNAL  9JUN82 


again  reducing  the  Business  Profits  Tax 
payments  to  cities  and  towns. 

It  creates  the  certainty  of  further 
financial  problems  at  the  State  Liquor 
Commission. 

It  grants   broad  powers   to   the  Executive 
Branch  to   implement  the  Management  Review, 
but  then   fails  to  provide  the  essential 
financial  and  structural  resources  to  help 
that   implementation  succeed. 

It   ignores  known   increases  in  the  cost 
of  the  state's  health  insurance  policy. 

And  of  course,    it  abandons  any  pretense 
of  commitment  to  the  collective  bargaining 
process,    established   by  the  Legislature   less 
than  a  decade  ago. 

By  all  of  these  acts.    House  Bill   10  says 
to  those  who   rely  on  government,    and  to 
those  who  are  government,    that   in  New 
Hampshire  the  definitions  of  compassion  aind 
justice  and  equity  begin  and  end  with  the 
dollar  sign.      I  believe  that  managing  the 
costs  of  all  state  programs   is  critical;    but 
it   is  past   time  for  the   legislative 
leadership  to  understand  that  one  cannot 
manage  a  problem  by  pretending  that   it 
doesn't  exist. 

Six  months  ago  I  stood  before  a  Joint 
Convention  of  the  Legislature  and  outlined 
the  short  and   long-term  financial  issues 
confronting  New  Hampshire. 

Four  and  one-half  months  ago,    I 
presented  a  comprehensive  program  to 
eliminate   the  short-term  problem.     Many  of 
the  proposals  in  that  package  were   readily 
acceptable.     Others  were  painful  or 
politically  unpopular,    but  they  were 
necessary  to  meet   legitimate   state 
obligations. 

Now  after  a  special  session  that  has 
gone  on  far  too   long,    I  am  presented  with  a 

budget  which  fails  utterly  for  by 

leaving  the  short-term  problem  unresolved, 
and  by  committing  the  state   to  deficit 
spending,    it  ensures  that  we  will  be  in  no 
position  to  deal  with  the   far  more  profound 
long-term  issues  which  lie  ahead. 

House  Bill   10  has  been  described  as  the 
best  possible  budget  under  the 
circumstances.     To  be  sure,    there  are  many 
vital  priorities  which  are   funded,   and  mjiny 
good   ideas  which  are  adopted  by  this  bill. 
I  am  confident  that   responsible  legislators 
will  again  recognize  their  obligations  in 
these  areas. 

But,    the  special  responsibilities  which 
rest  solely  on  a  Governor  dictate,    that  I 
cannot  Judge  a  budget  by  looking  wily  at 
those   issues  which  have  been   favorably 
resolved.     The  simple  truth  is  that  House 
Bill   10   is  unbalanced  and   incomplete.      I 
believe  that  state  government  does  have  the 
capacity  to  do  better.      I  am  confident  that 
upon  r^leoblon,  tJtie  ilouae  and  Sfinals  will 
concur  in  that   judgment. 
Sincerely, 
Hugh  J.  Gallen,   Governor 

Question  being  notwithstanding  the 
Governor's  veto,    shall  KB  10  pass. 

Rep.  Spirou  spoke  against   the  bill. 

Rep.  French  spoke  in  favor  of  the  bill. 

A  roll  call  was  taken  as  required   by  the 
Constitution. 


(Speaker  presiding) 

YEAS      152     NAYS     143 

YEAS      152 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Holbrook,  Lamprey,  Christina  O'Neill, 
Pearson,  Rich  and  David  Whlttemore. 

CARROLL:  Esther  Davis,  Howard,  Keller, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Gordon,  Moore,  Perry,  Scranton  and 
Jean  White. 

COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Horton  and  Wiswell. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Clark,  Driscoll,  LaMott,  Logan,  Look,  Mann, 
Mansfield,  Mclver,  Pepitone,  Rounds,  Snell, 
Taffe,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Ainley,  Amidon,  Bridgewater, 
Carragher,  Carswell,  Charpentier,  Clyde 
Eaton,  Joseph  Eaton,  Ford,  James  Hardy, 
Head,  Heald,  Howard  Humphrey,  Thomas  Hynes, 
Keefe,  Kizala,  Knight,  Labombarde, 
Martineau,  Howard  Mason,  Milton  Meyers, 
Norman  Packard,  Aime  Paradis,  Pariseau, 
Peters,  G.  Philip  Rodgers,  William  Russell, 
Sallada,  Silva,  B.  P.  Smith,  Leonard  Smith, 
Steiner,  Stone,  Stylianos,  James  Sullivan, 
Van  Loan,  Watson,  Kenneth  Wheeler  and  M. 
Arnold  Wight. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  Brady, 
John  Gate,  Dean,  James  Humphrey,  Kidder, 
Lewis,  Locke,  Nichols,  David  Packard,  Doris 
Riley,  William  Roberts,  Stark,  Stio,  Waters, 
James  Whittemore  and  Wiviott. 

ROCKINGHAM:  Benton,  Blaisdell,  William 
Boucher,  Butler,  Cahill,  Cote,  Day,  Ellyson, 
Felch,  Flanagan,  Kenneth  Gould,  Greene, 
Gretsch,  Kane,  Kelley,  Roger  King,  Lockhart, 
Lovejoy,  Mace,  Robert  Mason,  Norman  Myers, 
Nevins,  Parr,  Quimby,  Romoli,  Scamman, 
Schmidtchen,  Schwaner,  Skinner,  Stimmell, 
Sytek,  Tavitian,  Tufts,  Vartanian,  John 
Walker  and  Wolfsen. 

STRAFFORD:  Appleby,  Bouchard,  James 
Chamberlin  and  Header. 

SULLIVAN:   Ardinger,  Cutting,  Gordon  Flint, 
Leonard  Gray,  Ingram,  Quinlan,  Spaulding  and 
Townsend. 

NAYS  1 43 

BELKNAP:   Bolduc,  Bowler,  Gary  Dionne, 
Rollins  and  Sanders. 

CARROLL:  Allen  and  Heath. 

CHESHIRE:  Daniel  Eaton,  Eisengrein,  Robert 
Galloway,  Hickey,  Kennedy,  Lynch,  Matson, 
Miller,  Proctor,  Margaret  Ramsay,  William 
Riley,  Rouillard,  Patricia  Russell  and 
Wiggin. 

COOS:  Beaulac,  Brideau,  Richard  Demers, 
Lawrence  Guay,  Langley,  George  Lemire, 
Mayhew,  Oleson,  Theriault,  Valliere  and  York. 


HOUSE  JOURNAL  9JUN82 


531 


GRAFTON:      Chambers,    Copenhaver,    Crory, 
Hammond,   Seely  and  Glyneta  Thomson. 

HILLSBOROUGH:      Richard  Ahem,    Ahrens, 
Arnold,   Baker,   Bosse,   Brack,   Burkush, 
Carpenter,    Casinghino,    Cronln,    DeForte, 
William  Dion,    Donovan,    Duval,   Gagnon, 
Richard  Galway,   Granger,    Hall,    Healy,   Horan, 
Kaklamanos,   Katsiaficas,    Leclerc,    Levesque, 
Mazur,    McGlynn,    Messier,    Mulligan,    Nardi, 
Nemzoff,   Pastor,    Denise  Raiche,    Peter 
Ramsey,   Roy,   Soucy,   Spirou,   Mary  Sullivan, 
Turgeon,   Vachon,    Vergas,    Wallace,   Ware, 
James  J.  White,   Winn  and  Zajdel. 

MERRIMACK:      Bellerose,    Bowes,    Carroll, 
Milton   Gate,    Degnan,    Morse,    James  O'Neill, 
Paire,   Parker,    Margaret  Roberts,    Savaria, 
Gerald  Smith,    Lawrence  Sullivan,   Trachy, 
Rick  Trombly,   Mary  Jane  Wallner  and  Ashton 
Welch. 

ROCKINGHAM:      Burdick,    Carpenito,    Connors, 
Downing,   Espinola,    Flanders,   Thomas  Gage, 
Hollingworth,    John  Hynes,   Kozacka,    Krasker, 
Leslie,    LoFranco,    Joseph  MacDonald, 
Pantelakos,    Pevear,   Read,   Splaine,   Warburton 
and  Raymond  Wood. 

STRAFFORD:      Belhumeur,    Bernard,    Bickford, 
James  Demers,    Demetracopoulos,    Phyllis 
DeNafio,    Teresa  DeNafio,    Albert  Dionne, 
Donnelly,   Anita  Flynn,   Gauvin,    Charles 
Grassie,    Kincaid,   Pageotte,   Sackett, 
Schreiber  and  Whitehead. 


COMMITTEE  REPORT 
REGULAR   CALENDAR 

SB  23- FN,    relative   to  the  tax  on 
pari-mutuel  pools.     Ought  to  Pass  with 
Amendment. 

This   joint  committee   report   reflects   the 
action  taken   by  Appropriations  and  Ways 
and  Means,    repealing  the  minimum 
business  profits  tax,    determining  a  new 
level  of  estimated   revenue  and   the   joint 
committee's  priorities  on  spending. 
Reps.  William  F.  Kidder  and  W.   Douglas 
Scanman,    Jr.   for  Appropriations  and  Ways 
and  Means. 

Amendment 
Amend  the  title  of  the  bill  by  striking 
out  same  and   inserting  in  place  thereof  the 
following: 

AN  ACT 
relative   to  amending  the  operating   budget. 

Amend  the   bill  by  striking  out  all  after 
the  enacting  clause  and  inserting  in  place 
thereof  the   following: 

1     Appropriations  Amended.     Amend   1981, 
568:1  as  amended   by  I98IS,    1:2,    I98IS,    1:11 
1982,    7:10  and   1982,    11:1    by  striking  out 
said  section  and  inserting  in  place  thereof 
the  following: 


SULLIVAN:      Brodeur,    David  Campbell,    Forrest, 
Sim  Gray,    LeBrun  and  Palmer,    and  the  veto 
was  sustained   lacking  the  constitutional 
requirement  of  two-thirds. 

Reps.   Dickinson  and  Blake  notified  the 
Clerk   that  they  wished   to  be   recorded  in 
favor  of  the   bill. 


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HOUSE  JOURNAL  9JUN82  675 


2  Radiation  Control  Agency.  Amend  RSA  125:62  as  inserted  by  1963, 
229:1  as  amended  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

125:62  Rulemaking;  Licenses. 

I.   The  agency  shall  adopt  rules,  after  public  hearing  and  pursuant 
to  RSA  541-A,  relative  to: 

(a)  General  or  specific  licensing  on  an  annual  basis  of 
byproduct,  source,  special  nuclear  materials  or  devices,  or  equipment 
(••^ilizing  such  materials  for  any  source  of  ionizing  radiation,  including  a 
graduated  fee  schedule; 

(b)  The  amendment,  suspension  or  revocation  of  such  licenses; 

(c)  The  registration  or  licensing  of  other  sources  of  ionizing 
radiation; 

(d)  The  exemption  of  certain  sources  of  ionizing  radiation  or 
kinds  of  uses  or  users  from  licensing  or  registration  requirements  required 
by  this  section.  The  agency  shall  maintain  a  schedule  listing  any  exempted 
uses,  users  or  sources  of  ionizing  radiation; 

(e)  The  recognition  of  other  state  or  federal  licenses  as  deemed 
desirable  by  the  agency; 

(f)  Registration  requirements  for  uses,  users  or  sources  of 
ionizing  radiation  holding  licenses  recognized  under  RSA  125:62,  I  (e);  and 

(g)  A  combination  license  and  registration  fee  paid  in  lieu  of 
separate  license  or  registration  fees,  issued  to  a  person  or  organization 
for  uses  at  one  location  or  address. 


676  HOUSE  JOURNAL  9JUN82 


II.  License  and  registration  fees  shall  be  due  on  or  before  the 
expiration  date  shown  on  the  license  or  registration  and  shall  reflect  the 
costs  of  administration  of  this  subdivision. 

125:62-a  Application  of  Receipts.  All  fees  collected  under  this 
subdivision  shall  be  forwarded  to  the  state  treasurer.  The  state  treasurer 
shall  credit  all  moneys  received  under  this  subdivision,  and  interest 
received  on  such  money,  to  a  special  fund  from  which  he  shall  pay  all  the 
expenses  of  the  agency  incident  to  the  administration  of  this  subdivision. 
This  fund  shall  not  lapse. 

3  Licensing  of  Food  Service  Establishments.  Amend  RSA  by  inserting 
after  chapter  143  the  following  new  chapter: 

CHAPTER  143-A 
Food-Service  Regulations 

143-A:1  Definitions.  As  used  in  this  chapter  unless  the  context 
clearly  indicates  otherwise: 

I.  "Director"  means  the  director  of  the  division  of  public  health 
services,  department  of  health  and  welfare. 

II.  "Division"  means  the  division  of  public  health  services, 
department  of  health  and  welfare. 

III.  "Food-service  establishment"  means  any  fixed  or  mobile 
restaurant;  temporary  food-service  establishment;  coffee  shop;  tearoom; 
cafeteria;  short  order  cafe;  sidewalk  cafe;  luncheonette;  grill;  sandwich 
shop;  catering  kitchen;  commissary;  industrial  feeding  establishment;  food 
vending  operation,  whether  attended  or  unattended;  soda  fountain;  tavern; 


HOUSE  JOURNAL  9JUN82  677 


bar;  cocktail  lounge;  night  club;  and  any  other  eating  or  drinking 
establishment  or  operation  where  food  is  served  or  provided  for  the  public 
with  or  without  charge.  A  food-service  establishment  also  means  a  grocery 
store;  meat  market;  bakery;  delicatessen;  or  any  establishment  where  food 
is  stored,  manufactured,  processed,  or  packaged. 

IV.  "Temporary  food-service  establishment"  means  any  food-service 
establishment  which  operates  at  a  fixed  location  for  a  temporary  period  of 
time,  not  to  exceed  2  weeks,  in  connection  with  a  fair,  carnival,  circus, 
public  exhibition,  or  similar  transitory  gathering. 

1A3-A:2  License  Required.  It  shall  be  unlawful  for  any  person,  unless 
exempted  under  RSA  143-A:3,  to  operate  a  food-service  establishment  or  a 
temporary  food-service  establishment  within  thi-3  state  who  does  not  possess 
a  food-service  license  for  that  establishment  from  the  director.  Only  a 
person  who  complies  with  the  requirements  of  this  chapter  shall  be  entitled 
to  receive  and  retain  such  a  license.  A  valid  license  shall  be  posted  in 
public  view  in  every  food-service  establishment.  Licenses  shall  not  be 
transferable  from  one  person  to  another  person  or  [^»ace. 

143-A:3  Exemptions.  Food-service  establishments  licensed  by  a  local 
health  authority  approved  by  the  director,  and  kitchens  in  private  homes, 
where  volunteers  prepare  food  for  consumption  at  another  location  for  a 
religious  or  fraternal  related  function,  shall  be  exempt  from  the 
provisions  of  this  chapter. 

143-A:4  Application;  Issue;  Fees. 

I.  The  director  may  issue  a  license  to  any  food-service 
establishment  upon  receipt  of  a  written  application  upon  a  form  furnished 


678  HOUSE  JOURNAL  9JUN82 


by  the  director  and  setting  forth  such  information  concerning  the  applicant 
and  his  operation  and  facilities  as  may  be  required  in  rules  adopted  by  the 
director.  A  license  will  be  granted  upon  the  express  condition  that  the 
applicant  shall  at  all  times  conduct  his  operation  and  maintain  his 
facilities  in  accordance  with  the  requirements  of  this  chapter  and  rules 
adopted  under  this  chapter. 

II.  All  licenses  shall  be  issued  for  a  period  of  one  year  or  portion 
thereof  and  shall  expire  on  June  30  next  following  issuance.  The  director 
shall  adopt  rules  relative  to  annual  graduated  license  fees  for 
food-service  and  temporary  food-service  establishments.  The  fees  shall 
reflect  the  costs  of  administration. 

III.  All  fees  collected  under  this  chapter  shall  be  forwarded  to  the 
state  treasurer.  The  state  treasurer  shall  credit  all  moneys  received  from 
fees  collected  under  this  chapter,  and  interest  received  on  such  money,  to 
a  special  fund  from  which  he  shall  pay  all  the  expenses  of  the  division 
incident  to  the  administration  of  this  chapter.   This  fund  shall  not  lapse. 

143-A:5  Fee  Waiver.  All  governmental  and  nonprofit  organizations  and 
institutions  serving  food  in  connection  with  their  activities  or  serving 
food  for  the  purpose  of  raising  money  shall  be  licensed,  but  shall  be 
exempt  from  paying  an  annual  license  fee  as  provided  in  RSA  143-A:4. 

143-A:6  Violation  of  Rules.  Whenever  the  director  or  his  designated 
representative,  based  upon  on-site  inspection,  determines  that  there  are 
reasonable  grounds  to  believe  that  violations  of  the  rules  adopted  under 
RSA  143-A:11  have  occurred,  notice  of  such  alleged  violation  shall  be  given 
to  the  owner.   Such  notice  shall: 


HOUSE  JOURNAL  9JUN82  679 


I.  be  in  writing; 

II.  include  statements  enumerating  alleged  violations  and 
identifying  the  basis  of  the  violation; 

III.  contain  an  outline  of  remedial  action,  which,  if  taken,  will 
effect  compliance  with  the  provisions  of  these  rules; 

IV.  allow  a  reasonable  time  for  the  performance  of  any  act  it 
requires; 

V.  be  served  upon  the  owner  or  his  agent  as  the  case  may  require; 
provided  such  notice  or  order  shall  be  deemed  to  have  been  properly  served 
upon  such  owner  or  his  agent  when  the  inspection  report  form  containing 
information  required  by  paragraphs  II,  III  and  IV  above  has  been  completed 
and  signed  by  the  inspecting  official  and  the  o-.-ner  or  his  agent  and  a  copy 
of  the  form  has  been  provided  to  the  owner  or  his  agent. 

143-A:7  Suspension  of  License.  Whenever  the  director  or  his  authorized 
agent  or  representative  finds  repeated  violations  of  rules  adopted  under 
this  chapter  or  unsanitary  or  other  conditions  in  the  operation  of  a 
food-service  establishment  or  temporary  food-service  establishment  whi.h, 
in  his  judgment,  constitute  a  substantial  hazard  to  the  public  health,  he 
may,  without  warning,  notice  or  hearing,  issue  a  written  notice  to  the 
license  holder  citing  such  condition,  specifying  the  corrective  action  to 
be  taken,  and  specifying  the  time  period  within  which  such  action  shall  be 
taken.  If  deemed  necessary  by  the  director  or  his  agent,  such  order  shall 
state  that  the  license  is  immediately  suspended  and  all  food-service 
operations  are  to  be  immediately  discontinued.   Any  person  to  whom  such  an 


680  HOUSE  JOURNAL  9JUN82 


order  is  issued  shall  comply  immediately  with  such  order,  but  upon  written 
petition  to  the  health  authority  shall  be  afforded  a  hearing  within  15  days 
of  such  petition. 

143-A:8  Reinstatement  of  Suspended  License.  Any  person  whose  license 
has  been  suspended  may  at  any  time  make  application  for  a  reinspection  for 
the  purpose  of  reinstatement  of  the  permit.  Within  10  days  following 
receipt  of  a  written  request,  including  a  statement  signed  by  the  applicant 
that  in  his  opinion  the  conditions  causing  suspension  of  the  permit  have 
been  corrected,  the  health  authority  shall  make  a  reinspection.  If  the 
applicant  complies  with  the  requirements  of  this  chapter  and  rules  adopted 
under  this  chapter  the  license  shall  be  reinstated. 

143-A:9  Revocation  of  License.  For  serious  or  repeated  violations  of 
any  of  the  requirements  or  provisions  of  this  chapter  or  rules  adopted 
under  this  chapter,  or  for  interference  with  the  director  or  his  authorized 
agent  or  representative  in  the  performance  of  his  duties,  the  license  of  a 
food-service  establishment  may  be  permanently  revoked  after  an  opportunity 
for  a  hearing  has  been  provided  by  the  director.  Prior  to  such  action,  the 
director  shall  notify  the  license  holder  in  writing,  stating  the  reasons 
for  which  the  license  is  subject  to  revocation  and  advising  that  the 
license  shall  be  permanently  revoked  at  the  end  of  5  days  following  service 
of  such  notice;  unless  a  request  for  a  hearing  in  writing  is  filed  with  the 
director,  by  the  license  holder,  within  such  5  day  period.  A  license  may 
be  suspended  for  cause  pending  its  revocation  or  a  hearing  relative  to 
revocation. 


HOUSE  JOURNAL  9JUN82  681 


143-A:10  Hearings  and  Appeals.  The  director  shall  conduct  the  hearings 
provided  for  in  RSA  143-A:7  and  RSA  143-A:9  at  a  time  and  place  designated 
by  him.  Based  upon  the  evidence  presented,  the  director  shall  make  a 
finding  and  shall  sustain,  modify,  or  rescind  any  official  notice  or  order 
considered  in  the  hearing.  A  written  report  of  the  hearing  discussion 
shall  be  furnished  the  license  holder  by  the  director.  Any  person 
aggrieved  by  any  decision  of  the  director  may  appeal  therefrom  in 
accordance  with  RSA  541. 

143-A:11   Rules. 

I.  The  director  shall  adopt  as  a  rule,  pursuant  to  RSA  541-A,  the 
Sanitary  Food  Code,  as  amended.  He  may  adopt  rules  in  addition  to  said 
code  relative  to  the  enforcement  of  this  chapter, 

II.  Whenever  the  director  shall  deem  consideration  of  changes  or 
amendments  to  the  rules  adopted  under  the  authority  of  paragraph  I  to  be 
desirable,  he  shall  solicit  comments  and  recommendations  from  local  health 
authorities  conducting  approved  food-service  sanitation  programs  prior  to 
proceeding  as  provided  by  RSA  541-A. 

III.  All  rules  relating  to  food-service  establishments  as  adopted  by 
the  director  under  the  authority  of  RSA  143:6  are  hereby  approved  as  the 
rules  to  be  effective  under  the  provisions  of  this  chapter.  These  rules 
shall  remain  in  force  until  and  unless  amended  by  the  director  in 
accordance  with  procedures  established  in  this  chapter. 

143-A:12   Inspections. 

I.  The  operation  and  facilities  of  all  licensees  shall  be  inspected 
at  least  twice  each  year. 


682  HOUSE  JOURNAL  9JUN82 


II.  The  director  or  his  authorized  agents  or  representatives  shall 
have  access  to  all  food-service  establishments  at  any  hour  at  which  the 
food-service  establishment  is  in  operation  for  the  enforcement  of  the 
provisions  of  this  chapter. 

III.  Whenever  an  inspection  of  a  food-service  establishment  is 
conducted,  a  record  of  the  inspection  and  findings  shall  be  recorded  on  a 
uniform  inspection  report  form  which  has  been  approved  by  the  director. 
Thi^  form  shall  summarize  the  requirements  necessary  for  such 
establishments  to  meet  the  minimum  standards  as  provided  by  rules  adopted 
under  the  authority  of  RSA  143-A:11.  A  copy  of  the  completed  inspection 
form  shall  be  furnished  the  owner  or  operator  of  the  food-service 
establishment  at  the  time  of  inspection  in  accordance  with  RSA  143-A:6. 

143-A:13  Approval  of  Plans.  When  a  food-service  establishment  is 
constructed  or  remodeled,  or  when  an  existing  structure  is  converted  for 
use  as  a  food-service  establishment,  properly  prepared  plans  and 
specifications  for  such  construction,  remodeling,  or  alteration,  showing 
layout  arrangement,  construction  of  materials  of  work  areas,  and  the 
location,  size  and  type  of  fixed  equipment  and  facilities  shall  be 
submitted  in  duplicate  to  the  director  for  approval  before  such  work  is 
begun. 

143-A:14  Food-Service  Equipment.  All  new  multi-use  utensils  and 
equipment  shall  meet  current  national  sanitation  foundation  standards  or 
their  equivalent  as  determined  by  the  director.  If  no  standard  exists  for 
the  item  it  shall  be  determined  satisfactory  if  it  is  so  designed  and  of 


HOUSE  JOURNAL  9JUN82  683 


such  material  and  workmanship  as  to  be  smooth,  easily  cleanable  and 
durable,  and  shall  be  in  good  repair,  and  the  food-contact  surfaces  of  such 
equipment  and  utensils  shall  in  addition  be  easily  accessible  for  cleaning, 
non-toxic,  corrosion-resistant  and  relatively  non-absorbent. 

143-A:15  Seizure  and  Restraint.  Any  item  of  equipment  or  any  utensil 
used  in  food-service  establishments  found  in  violation  of  this  chapter 
shall  be  subject  to  seizure  and  restraint  as  provided  in  RSA  130:6.  All 
adulterated  and  misbranded  foods  shall  be  subject  to  embargo  and 
condemnation  as  provided  in  RSA  146:20. 

143-A:16   Food-Borne  Disease. 

I.  Any  person  having  knowledge  of  or  suspecting  a  food-borne  disease 
outbreak  shall  report  it  immediately  by  telephone  to  the  division  of  public 
health  services. 

II.  When  the  director  or  his  representative  has  reasonable  cause  to 
suspect  the  possibility  of  disease  transmission  from  any  food-service 
establishment  or  its  employee,  he  shall  make  or  cause  to  be  made  such 
investigations  as  may  be  indicated  and  shall  take  aijp topr iate  action. 

143-A:17  Penalty.  Any  person  who  violates  any  of  the  provisions  of 
this  chapter  or  any  rules  adopted  under  this  chapter  shall  be  guilty  of  a 
violation  for  the  first  offense;  for  the  second  offense,  he  shall  be  guilty 
of  a  misdemeanor;  and  for  the  third  and  subsequent  offenses,  he  shall  be 
guilty  of  a  misdemeanor  if  a  natural  person,  and  any  other  person  shall  be 
guilty  of  a  felony. 


684  HOUSE  JOURNAL  9JUN82 


4  Milk  Inspection  Fees.  Amend  RSA  184:85  (supp)  as  inserted  by  1963, 
289:1  as  amended  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

184:85  Licenses;  Fees. 

I.  The  director  may  issue  a  license  to  any  milk  plant,  out-of-state 
milk  plant,  milk  distributor  or  producer-distributor  upon  receipt  of  a 
written  application  upon  a  form  furnished  by  the  director  and  setting  forth 
such  information  concerning  the  applicant  and  his  operation  and  facilities 
as  may  by  rule  be  required.  All  milk  plants  located  within  the  state  shall 
file  with  their  application  a  listing  of  the  names  and  addresses  of  all 
milk  producers  furnishing  them  with  milk  or  milk  products. 

It.  A  license  will  be  granted  upon  the  express  condition  that  the 
applicant  shall  at  all  times  conduct  his  operation  and  maintain  his 
facilities  in  accordance  with  the  requirements  of  this  subdivision  and  all 
rules  adopted  under  this  subdivision.  All  licenses  shall  be  issued  for  a 
period  of  one  year  or  portion  of  a  year  and  expire  on  the  first  day  of 
January  next  following  their  issuance. 

III.  Annual  graduated  license  fees  shall  be  set  by  rules  adopted  by 
the  director,  pursuant  to  RSA  541-A,  and  shall  be  based  on  the 
administrative  costs  associated  with  the  licensing  and  regulation  of  milk 
plants,  milk  distributors  and  milk  producer-distributors.  Any  licensee  who 
qualifies  in  more  than  one  licensing  category  shall  be  required  to  pay  only 
a  single  license  fee,  but  shall  meet  all  sanitary  requirements  established 
for  each  separate  licensing  category. 


HOUSE  JOURNAL  9JUN82  685 


IV.  All  fees  collected  under  this  section  shall  be  forwarded  to  the 
state  treasurer.  The  state  treasurer  shall  credit  all  moneys  received 
under  this  section,  and  interest  received  on  such  money,  to  a  special  fund 
from  which  he  shall  pay  all  the  expenses  of  the  division  incident  to  the 
licensing  and  regulation  of  milk  plants,  milk  distributors  and  milk 
producer-distributors.   This  fund  shall  not  lapse. 

5  Beverage  Inspection  Fees.   Amend  RSA  143:11  (supp)  as  amended  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following: 

143:11  Licenses;  Fees. 

I.  Upon  receipt  of  an  application,  if  the  division  is  satisfied  that 
the  plant  or  place  is  properly  equipped  and  in  a  sanitary  condition,  and 
the  products  therein  manufactured  are  not  adulterated  or  misbranded,  it 
shall  cause  a  license  to  be  issued  authorizing  the  applicant  to  conduct 
said  business  for  the  period  of  one  year  or  fraction,  all  licenses  to 
expire  on  the  first  day  of  January  next  following  their  issuance. 

II.  Annual  graduated  license  fees  shall  be  set  by  rules  adopted  by 
the  director,  pursuant  to  RSA  541-A.  Fees  b.all  be  based  on  ••'-'.e 
administrative  costs  associated  with  this  subdivision. 

III.  All  fees  collected  under  this  subdivision  shall  be  fowarded  to 
the  state  treasurer.  The  state  treasurer  shall  credit  all  moneys  received 
under  this  subdivision,  and  interest  received  on  such  money,  to  a  special 
fund  from  which  he  shall  pay  all  the  expenses  of  the  division  incident  to 
the  administration  of  this  subdivision.   This  fund  shall  not  lapse. 

6  Shellfish.   Amend  RSA  143:22  as  amended  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following: 


686  HOUSE  JOURNAL  9JUN82 


143:22   Certificate  Required;  Labeling;  Records;  Fees. 

I.  No  person,  firm  or  corporation  shall  operate  an  establishment  for 
the  processing  or  packing  of  shellfish  either  shucked  or  in  the  shell  until 
he  has  been  granted  a  certificate  by  the  department  of  health  and  welfare, 
division  of  public  health  services.  A  certificate  shall  be  issued  to  any 
establishment  which  has  complied  with  rules  adopted  by  the  director  of  the 
division  of  public  health  services  relative  to  such  certificates.  All 
certificates  issued  under  this  section  shall  expire  on  December  31  next 
following  the  date  of  issuance. 

II.  The  director  shall  adopt  rules,  pursuant  to  RSA  541-A,  relative 
to  fees  for  certificates.  Fees  shall  be  based  on  the  administrative  costs 
associated  with  this  subdivision  and  shall  be  graduated  according  to  the 
size  of  the  establishment  certified. 

III.  All  containers  of  shellfish  shall  bear  identification  in 
accordance  with  rules  adopted  by  the  director  of  the  division  of  public 
health  services.  An  accurate  daily  record  shall  be  kept  by  all 
establishments  certified  listing  the  names  and  addresses  of  all  persons 
from  whom  lots  of  shellfish  are  received,  the  location  of  the  source  of 
each  lot,  and  the  names  and  addresses  of  all  persons  to  whom  lots  are 
shipped  or  sold.  Such  records  shall  be  kept  on  file  for  60  days  and  shall 
be  open  to  inspection  at  any  time  during  business  hours  by  agents  of  the 
division. 

IV.  All  fees  collected  under  this  subdivision  shall  be  forwarded  to 
the  state  treasurer.   The  state  treasurer  shall  credit  all  moneys  received 


HOUSE  JOURNAL  9JUN82  687 


under  this  subdivision,  and  interest  received  on  such  money,  to  a  special 
fund  from  which  he  shall  pay  all  the  expenses  of  the  division  incident  to 
the  administration  of  this  subdivision.   This  fund  shall  not  lapse. 

7  Cold  Storage  Plants.  Amend  RSA  145:3  as  amended  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following: 

145:3  Licenses.  Application  for  such  a  license  shall  be  made  to  the 
division  in  writing,  stating  the  location  of  the  plant  or  plants.  On 
receipt  of  the  application  the  division  shall  cause  an  examination  of  such 
plant  to  be  made,  and  if  it  is  found  to  be  in  a  sanitary  condition  and 
otherwise  properly  equipped  for  Che  business  of  cold  storage,  a  license 
shall  be  issued  authorizing  the  applicant  to  operate  a  cold  storage  or 
refrigerating  warehouse  for  the  period  of  one  year  or  fraction  of  a  year. 
The  director  of  public  health  services  shall  adopt  rules,  pursuant  to  RSA 
541-A,  relative  to  graduated  fees  for  such  licenses. 

8  Controlled  Drugs.  Amend  RSA  318-B:4,  I  (supp)  as  inserted  by  1969, 
421:1  as  amended  by  striking  out  said  paragraph  and  inserting  in  place 
thereof  the  following: 

I.  The  fee  for  such  a  license  shall  be  set  in  rules  adopted  by  the 
director  of  public  health  services  in  accordance  with  RSA  541-A  and  shall 
be  graduated  according  to  the  size  of  the  establishment  licensed. 

9  Public  Health  Services  Special  Fund.  Amend  RSA  6:12,  I  (m)  and  (n) 
(supp)  as  inserted  by  1981,  223:3  and  1981,  500:2  by  striking  out  said 
subparagraphs  and  inserting  in  place  thereof  the  following: 

(m)   Money  received  under  RSA  457:29,  which  shall  be  credited  to 
the  special  fund  for  domestic  violence  programs; 


688  HOUSE  JOURNAL  9JUN82 


(n)  The  share  of  the  normal  yield  tax  going  to  the  department  of 
resources  and  economic  development  under  RSA  79:14,  which  shall  be  credited 
to  the  unincorporated  places  forest  conservation  fund;  and 

(o)  Money  received  under  RSA  125:62-a,  143:11,  143:22,  143-A:4 
and  184:85,  which  shall  be  credited  to  the  public  health  services  special 
fund. 

10  Block  Grant;  Date.  Amend  the  introductory  paragraph  of  1981S,  1:3 
by  striking  out  in  line  9  the  date  "June  30,  1982"  and  inserting  in  place 
thereof  the  following  (September  30,  1982)  so  that  said  paragraph  as 
amended  shall  read  as  follows: 

1:3  Block  Grants.  Federal  funds  to  be  received  from  the  preventive 
health  and  health  services  block  grant,  alcohol  and  drug  abuse  and  mental 
health  services  block  grant,  social  services  block  grant,  the  maternal  and 
child  health  services  block  grant,  low  income  home  energy  assistance  block 
grant  and  community  service  block  grant  are  hereby  appropriated. 
Notwithstanding  RSA  124  and  1981,  568:39,  the  governor  is  hereby  authorized 
to  apply  for,  accept,  and  expend  those  block  grants  on  behalf  of  the  state 
and  state  agencies.  Such  funds  shall  be  expended,  for  the  period  October 
1,  1981,  to  September  30,  1982,  in  the  manner  proposed  by  the  department  df 
health  and  welfare  and  the  division  of  human  resources,  office  of  the 
governor  during  public  hearings  on  October  20,  21,  22,  1981,  except  as 
modified  below: 

11  Preventive  Health  and  Health  Services  Block  Grant.  Amend  1981S, 
1:3,  I  by  striking  out  &aid  paragraph  and  inserting  in  place  thereof  the 
f  o  1 1  ow  i  ng : 


HOUSE  JOURNAL  9JUN82  689 


I.   For  the  preventive  health   and  health  services  block  grant, 

expenditures  as  detailed  below  are  authorized  between  January  1,  1982,  and 
September  30,  1982: 

(a)  Indirect  costs  121,560 

(b)  Transfer  to  maternal  child 

health  block  grant  85,092 

(c)  Emergency  medical  services  230,941 

(d)  Hypertension  63,434 

(e)  To  establish  and  support  the  positions 
of  1  sanitarian  I  and  1  radiation 

specialist  I  45,229 

(f)  To  continue  and  support  the  existing 
positions  of  1  health  program  repre- 
sentative and  1  clerk  typist  II  within 

the  risk  reduction  program  11,408 

(g)  Rape    crisis  47,547 

(h)  Establish  a  health  promotion  core  unit  147,711 

(i)  Venereal  disease  control  program  **  62,682 

(j)  Demonstration/incentive  grants  *  400,000 

*Demonstration  and  incentive  grants  shall  be  luade  in  the  areas  jf 
adolescent  parents'  parenting  skills;  alcohol  and  drug  abuse  school  heclth 
education;  occupational  health;  and  elderly  self-care.  Funds  appropriated 
for  demonstration  and  incentive  grants  shall  not  lapse  until  September  30, 
1983. 

**Funds  appropriated  for  the  venereal  disease  control  program  shall  not 
lapse  until  June  30,  1983. 

12   Catastrophic  Illness  Program.   Funds  provided  for  the  catastrophic 

illness  program  for  fiscal  year  1982  ($375,000)  shall  not  lapse  until  June 

30,  1983.   Such  funds  shall  not  be  expended  for  illnesses  funded  under 

other  state  programs. 


690  HOUSE  JOURNAL  9JUN82 


13  Cancer  Commission  Funds.  Amend  1981,  568:2  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following: 

563:2   Repeal;  Transfer. 

I.  RSA  139  relative  to  the  cancer  commission  is  hereby  repealed. 

II.  Any  funds  which  were  available  to  the  cancer  commission  are 
hereby  transferred  to  the  division  of  public  health  services,  department  of 
health  and  welfare,  to  be  expended  under  the  catastrophic  illness  program 
authorized  by  RSA  137-G. 

14  Study.  Amend  1981,  568:26  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

568:26  Study  Authorized.  The  legislative  fiscal  committee  shall 
conduct  a  study  of  the  Laconia  state  school  and  training  center,  the  New 
Hampshire  hospital  and  the  Glencliff  home  for  the  elderly  to  determine  the 
long  range  need  for  centralized  in-patient  psychiatric  services  in  New 
Hampshire  and  the  physical  plant  requirements  to  meet  those  needs.  The 
committee  may  hire  a  consulting  firm  to  conduct  the  study.  The  components 
of  the  study  shall  be: 

I.  An  assessment  of  needs  over  a  5  to  20  year  period  for  a 
centralized  in-patient  psychiatric  facility,  considering  the  population  to 
be  served  and  the  type  and  quantity  of  services  necessary. 

II.  Determination  of  the  ideal  physical  plant  to  provide  such 
services. 

III.  An  assessment  of  the  suitability  of  the  existing  Laconia  state 
school  and  training  center.  New  Hampshire  hospital  and  Glencliff  home  for 


HOUSE  JOURNAL  9JUN82  691 


the  elderly  plants,  including  any  recommended  modifications.  If  the 
existing  plants  are  found  unsuitable,  all  specifications  for  replacement, 
including  structure,  location  and  cost  shall  be  set  out,  and  options  for 
disposing  of  the  existing  plant  shall  be  identified. 

IV.  Preparation  of  a  plan,  setting  out  options  with  attendant  costs 
and  time  frames,  for  any  changes  by  the  division  of  mental  health  and 
developmental  services,  department  of  health  and  welfare,  deemed  advisable 
as  a  result  of  the  conclusions  reached  relative  to  paragraphs  I,  II  and 
III.  The  sum  of  $50,000  is  hereby  appropriated  to  the  fiscal  committee  for 
the  purpose  of  conducting  the  study.  The  governor  is  authorized  to  draw 
his  warrant  for  said  sum  out  of  any  money  in  the  treasury  not  otherwise 
appropriated.  The  fiscal  committee  shall  repor;:  to  the  general  court  not 
later  than  December  1,  1982. 

15  Relation  of  Office  of  Public  Guardians  to  Division  of  Mental  Health 
and  Developmental  Services.  It  is  understood  that  the  public  guardians  are 
to  function  independently  of  the  division  of  mental  health  and 
developmental  services.  Inclusion  in  the  division  of  mental  health  - 'd 
developmental  services'  budget  is  for  administrative  convenience  only.  A 
committee  is  hereby  established  to  be  comprised  as  follows:  2  members 
appointed  by  the  speaker  of  the  house,  2  members  appointed  by  the  president 
of  the  senate,  2  members  appointed  by  the  governor,  2  probate  court  judges 
or  their  designees,  the  comptroller  or  his  designee,  the  director  of  the 
division  of  mental  health  and  developmental  services  or  his  designee  and 
one   member   appointed   by   the   public   guardian   advisory   council.    The 


692  HOUSE  JOURNAL  9JUN82 


committee  shall  meet  and  propose  legislation  to  the  general  court  for 
consideration  at  the  1983  regular  session  to  create  a  more  appropriate 
funding  mechanism. 

16  Establishment  of  Public  Guardian  Offices.  Amend  RSA  547-A:2  (supp) 
as  inserted  by  1978,  34:1  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following: 

547-A:2  Establishment  of  Public  Guardian  Offices.  There  are  hereby 
established  in  the  probate  courts  for  Belknap  and  Merrimack  counties  public 
guardian  offices.  The  administrative  functions  of  such  offices  shall  be 
centralized  in  one  location  to  be  determined  by  the  judges  of  the  probate 
courts  for  Belknap  and  Merrimack  counties  with  the  advice  of  the  guardian 
advisory  council  established  pursuant  to  RSA  547-A:6.  In  addition,  the 
judges  of  probate  for  Belknap  and  Merrimack  counties  shall,  with  the  advice 
of  the  guardian  advisory  council,  authorize  a  public  guardian  to  direct  the 
administrative  and  progranmatic  activities  of  the  public  guardian  offices. 
If  the  probate  judges  appoint  one  public  guardian  to  direct  the 
administration  of  the  program,  up  to  an  additional  $2,500  may  be  added  to 
his  salary  at  the  discretion  of  the  judges. 

17  Non-Lapsing  Provision.  Funds  appropriated  to  the  division  of  mental 
health  and  developmental  services  (05,03,05)  and  to  the  Laconia  state 
school  by  section  1  of  this  act  shall  not  lapse  until  June  30,  1983. 

18  Salaries  Established. 

I.   The  following  positions  are  hereby  added  to  RSA  94:l-a,  I,  Group 
S-1,  as  established  under  the  authority  of  RSA  94:3-b  by  action  of  the 


HOUSE  JOURNAL  9JUN82  693 


fiscal  committee  on  February  7,  1980,  confirmed  by  governor  and  council  on 
February  13,  1980: 

(a)  Medical  director,  Laconia  state  school  and  training  center. 

(b)  Physician,  Laconia  state  school  and  training  center. 

(c)  Medical  director,  division  of  mental  health  and  developmental 
services. 

II.  Upon  the  recommendation  of  the  superintendent  of  the  Laconia 
state  school  and  training  center,  with  the  approval  of  the  director  of  the 
division  of  mental  health  and  developmental  services  and  the  commissioner 
of  health  and  welfare,  the  salary  of  the  medical  director  position  at  the 
Laconia  state  school  and  training  center  may  be  increased  up  to  $10,000 
over  the  amount  authorized  by  RSA  94:l-a,  I,  Gro-ip  S-1  ,  in  order  to  recruit 
or  retain  a  qualified  person. 

19  Division  of  Welfare  Rules.  The  provisions  of  RSA  541-A:2,  IV,  RSA 
541-A:4,  III,  and  RSA  541-A:5,  I,  relative  to  administrative  procedures, 
are  suspended  for  the  division  of  welfare  until  June  30,  1983. 

20  Branch  Offices,  Division  of  Welfare.  Otht.  provisions  of  the  Mw 
notwithstanding,  effective  July  1,  1982,  the  division  of  welfare  and  state 
of  New  Hampshire  are  hereby  prohibited  from  expending  funds  for  the 
operation  and  maintenance  of  offices  in  Peterborough,  Franklin,  Lebanon, 
and  Plymouth  after  July  1,  1982. 

21  Non-Lapsing  Funds;  Division  of  Welfare.  Notwithstanding  any  other 
provisions  of  law,  the  sum  of  $1,031,558.50  in  fiscal  year  1982  included  in 
the  appropriation  in  PAU  05,03,04  (division  of  welfare)  for  MMIS  system 
development  shall  not  lapse  until  June  30,  1983. 


694  HOUSE  JOURNAL  9JUN82 


22  Wage  Assignment.  Amend  RSA  458  by  inserting  after  section  36  the 
following  new  subdivision: 

Wage  Assignment 

458:37  Purpose.  It  is  the  purpose  of  this  subdivision  to  provide  the 
remedy  of  assignment  of  wages  to  ensure  that  financial  resources  are  made 
available  to  dependent  children,  thereby  relieving,  at  least  in  part,  the 
burden  presently  bom  by  the  general  citizenry  through  welfare  programs  and 
the  burden  placed  on  custodial  parents  when  child  support  is  not  provided 
as  ordered  by  the  court. 

458:38  Definitions.  When  used  in  this  subdivision,  unless  the  specific 
context  indicates  otherwise: 

I.  "Court  order  of  support"  means  any  valid  judgment  or  order  for 
the  support  of  spouses,  dependent  children  or  both,  issued  by  any  court  of 
the  state  of  New  Hampshire  or  another  state,  including  an  order  in  a  final 
decree  of  divorce; 

II.  "Dependent  child"  means  any  natural,  adoptive  or  stepchild  who 
is  not  emancipated,  self-supporting  or  married,  and  who  is  in  financial 
need; 

III.  "Division"  means  the  New  Hampshire  division  of  welfare, 
department  of  health  and  welfare; 

IV.  "Employer"  means  any  person,  firm,  corporation  or  association, 
or  any  political  subdivision  or  department  of  the  state  or  federal 
government,  which  employs  a  person; 

V.  "Obligee"  means  the  person  found  to  be  legally  entitled  to 
receive  child  or  spousal  support; 


HOUSE  JOURNAL  9JUN82  695 

VI.  "Obligor"  means  the  person  found  to  be  legally  liable  for  child 
or  spousal  support; 

VII.  "Wages"  means  compensation  paid  or  payable  for  personal 
services  whether  denominated  as  wages,  salary,  commission,  bonus  or 
otherwise,  and  specifically  includes  periodic  payments  pursuant  to  pension 
or  retirement  programs  or  insurance  policies  of  any  type. 

458:39  Existing  Child  Support  or  Spousal  Support  Orders.  Child  support 
or  spousal  support  orders  in  effect  prior  to  the  effective  date  of  this 
subdivision,  and  made  payable  through  the  division,  shall  be  subject  to 
wage  assignment.  Said  assignment  shall  be  invoked  against  an  obligor  by 
the  division  upon  notice  to  the  court  and  to  the  obligor  at  his  last  known 
address  when  a  delinquency  equal  to  1/12  of  the  annual  court-ordered 
support  obligation  is  incurred. 

458:40  New  Child  Support  or  Spousal  Support  Orders.  All  child  support 
or  spousal  support  orders  effective  subsequent  to  the  effective  date  of 
this  subdivision  shall  contain  a  wage  assignment  provision  whereby 
assignment  shall  be  automatically  invoked  upc  an  obligor  when  a 
delinquency  equal  to  1/12  of  the  annual  court-ordered  support  obligation  is 
incurred. 

458:41  Notice.  The  division  shall  provide  a  15  day  notice  to  the 
obligor  prior  to  the  imposition  of  a  wage  assignment. 

458:42  Obligee  Action,  In  any  action  brought  by  the  obligee  wherein 
the  obligor  is  in  arrears  more  than  1/12  of  the  annual  court-ordered  child 
support  or  spousal  support  obligation,  the  court  shall  similarly  order  the 
assignment  of  the  obligor's  wages. 


696  HOUSE  JOURNAL  9JUN82 


458:43  Assignment  Binding.  Any  wage  assignment  under  this  subdivision 
shall  be  binding  upon  the  employer  and  successor  employers  only  upon 
receipt  of  proper  notice.  Employers  shall  deduct  and  forward  assigned 
wages  in  the  next  pay  period  cycle  consistent  with  payroll  system 
requirements,  but  no  later  than  one  month  from  the  day  of  service. 

458:44  Assignment  Deductions.  The  employer  shall  deduct  assigned  wages 
from  the  obligor's  wages  and  transfer  said  payments  directly  to  the 
division  or  the  obligee,  as  specified  in  the  notice  of  order. 

458:45  Fees.  For  each  payment  made,  the  employer  may  receive  $1  which 
the  employer  shall  deduct  from  the  money  to  be  paid  to  the  employee. 

458:46  Employer  Responsibility.  The  employer  may  not  use  the  wage 
assignment  as  a  basis  for  the  discharge  of  an  employee  or  for  any  other 
disciplinary  action  against  the  employee.  Compliance  by  an  employer  with 
the  order  operates  as  discharge  of  the  employer's  liability  to  the  employee 
as  to  that  portion  of  the  employee's  wages  so  affected. 

458:47  Employer  Failure  to  Act.  Failure  to  honor  and  implement  any 
wage  assignment  under  this  subdivision  after  receipt  of  proper  notice  shall 
result  in  the  employer's  being  held  liable  for  said  assigned  wages  not 
withheld  as  ordered. 

458:48  Assignment  Priority.  Any  wage  assignment  under  this  subdivision 
shall  be  a  priority  before  other  voluntary  deductions  and  shall  not  be 
subject  to  existing  wage  attachment  limitations. 

458:49  Address  Change.  It  shall  be  incumbent  upon  the  obligor  and 
obligee  to  notify  the  division  of  changes  in  address  to  ensure  proper 
payment  of  support. 


HOUSE  JOURNAL  9JUN82  697 


458:50  Obligor  Change  of  Employment.  The  obligor  shall  notify  the 
division  or  obligee  of  the  termination  date  of  employment  and  information 
regarding  any  new  employer  to  ensure  continued  receipt  of  support. 

23  Repeal.  RSA  458:35-a  and  RSA  458:35-b  relative  to  support  payments 
are  hereby  repealed. 

24  Domestic  Relations;  Support  Orders.  Amend  1981,  568:91,  I  by 
striking  out  said  paragraph  and  inserting  in  place  thereof  the  following: 

I.  Notwithstanding  any  other  provisions  of  law,  the  domestic 
relations  officers  in  the  probation  department  are  hereby  transferred  to 
the  department  of  health  and  welfare,  division  of  welfare.  Whenever  any 
court  orders  any  payment  for  support  in  a  judgment  of  divorce,  legal 
separation,  non-support  or  support  of  children  born  of  unwed  parents,  or 
pending  a  final  determination  in  any  such  matter,  such  order  shall  be 
directed  to  the  division  of  welfare  provided  that  such  individuals  receive 
public  assistance  under  Title  IV-A  of  the  Social  Security  Act  or  an 
application  has  been  filed  for  support  services  under  Title  IV-D  of  the 
Social  Security  Act. 

25  Collection  of  Child  Support.  Amend  RSA  161:2,  XVI  (supp)  as 
inserted  by  1981,  568:91,  III  by  striking  out  said  paragraph  and  inserting 
in  place  thereof  the  following: 

XVI.  Collection  of  Child  Support.  Establish,  maintain  and  direct  a 
system  of  collecting  and  disbursing  payments  ordered  in  divorce, 
non-support  and  support  for  children  of  unwed  parents  cases  when  so  ordered 
by  the  court  in  accordance  with  regulations  established  under  Title  IV-D  of 


698  HOUSE  JOURNAL  9JUN82 


the  Social  Security  Act.  All  current  and  future  cases  in  which  the 
Hivision  of  wolf/irr  i.>»  ord'-r*-'!  by  the  court  ro  coll^rt  nnd  «>nforco  an 
obligation  for  support  shall  require  IV-D  status  either  through  the  receipt 
of  public  assistance  under  Title  IV-A  of  the  Social  Security  Act  or  by 
application  for  IV-D  support  services  filed  with  the  court  and  forwarded 
with  the  court  order  to  'the  division  of  welfare. 

26  Child  Support  Program  Funds.  Other  provisions  of  law 
notwithstanding,  the  balance  available  in  the  child  support  incentive 
program  in  the  division  of  welfare  IV-D  program  shall  be  lapsed  to  the 
general  fund  on  June  30,  1983.   (Estimated  amount  $1,107,000). 

27  Commission  on  Arts;  Additional  Appropriation.  In  addition  to  all 
other  sums  appropriated  to  the  commission  on  the  arts,  there  is  hereby 
appropriated  the  sum  of  $50,000  for  fiscal  year  1983  from  the  general  fund 
for  promotion  and  coordination  of  the  state's  cultural  resources.  The 
governor  is  authorized  to  draw  his  warrant  for  said  sum  out  of  any  money  in 
the  treasury  not  otherwise  appropriated. 

28  Repeal.  1981,  568:141  relative  to  a  department  of  education  study 
is  hereby  repealed. 

29  Handicapped  Education.  Other  provisions  notwithstanding,  the 
balance  of  $486,287  carried  forward  from  fiscal  year  1980  and  $1,200,000  of 
the  balance  carried  forward  from  fiscal  year  1981  for  handicapped  education 
shall  lapse  on  the  date  of  the  passage  of  this  act.  The  payments  to  local 
school  districts  for  the  catastrophic  programs  for  the  fiscal  year  ending 
June  30,  1982,  shall  be  paid  subsequent  to  July  1,  1982,  from  fiscal  year 
1983  appropriations  upon  presentation  of  required  approvable  documentation. 


HOUSE  JOURNAL  9JUN82 


30  Special  Education  Expenses;  Town  of  Stark.  Notwithstanding  RSA 
186-C:18  or  any  other  provision  of  law,  the  state  shall  pay  all  costs  for 
special  education  for  students  from  the  town  of  Stark  which  exceed  $9,000 
per  student  for  fiscal  year  1982  only.  State  payments  shall  be  made  from 
moneys  appropriated  for  catastrophic  aid  under  RSA  186-C:18  before  any 
other  payments  are  made  for  state  catastrophic  aid. 

31  Distribution  of  Sweepstakes  Fund. 

I.  The  state  treasurer  shall  credit  all  moneys  received  from  the 
sweepstakes  commission,  and  interest  received  on  such  moneys,  to  a  special 
fund  from  which  he  shall  pay  all  expenses  of  the  commission  incident  to  the 
administration  of  RSA  284:21-a  through  21-s  and  RSA  287  on  a  quarterly 
basis. 

II.  Notwithstanding  any  other  provision  of  law,  the  state  treasurer 
shall  transfer,  after  the  payment  of  administrative  expenses  on  September 
30,  1982;  December  31,  1982;  March  31,  1983;  and  June  30,  1983,  moneys 
deposited  into  the  sweepstakes  fund  not  'to  exceed  a  total  of  $3,000,000  in 
fiscal  year  1983  into  the  state  general  fund  for  L.;e  quarter  ending  on  "he 
date  of  the  transfer. 

III.  Any  moneys  remaining  in  the  sweepstakes  fund  on  June  30,  198j, 
from  income  to  the  sweepstakes  fund  in  fiscal  year  1983,  after  all 
distributions  required  under  paragraph  II  of  this  section,  shall  be  paid 
out  by  the  state  treasurer  on  or  before  September  15,  1983,  to  the  school 
districts  of  the  state  on  a  flat  grant  per  resident  pupil  basis.  Such 
grants  shall  be  used  for 'educational  purposes,  and  no  part  of  said  grants 
made  under  paragraph  III  of  this  section  shall  be  diverted  by  transfer  or 
otherwise  to  any  other  purpose  whatsoever. 


700  HOUSE  JOURNAL  9JUN82 


IV.   The  provisions  of  this  section  shall  expire  on  September  16, 
1983. 

32  New  Hampshire  Incentive  Program  Grants.  Notwithstanding  1981, 
568:6,  if  the  actual  federal  funds  received  are  less  than  the  estimated 
federal  funds  for  the  New  Hampshire  incentive  program  grants,  PAU  06,02,01, 
the  $275,000  appropriation  from  the  general  fund  for  the  program  under 
1981,  568:1.06,02,01  shall  not  be  reduced  in  any  amount.  However,  the 
total  amount  appropriated  for  the  grant  program  from  general  funds  shall 
not  exceed  $275,000. 

33  Teacher  Certification.  Notwithstanding  any  other  provision  of  law, 
for  the  biennium  ending  June  30,  1983,  the  teacher  certification  section, 
PAU  06,03,20,05,  is  hereby  authorized  to  expend  any  existing  balance  and 
any  funds  which  may  become  available  during  the  biennium.  Such 
expenditures  to  be  made  as  necessary  for  the  efficient  operation  of  said 
office  shall  not  require  the  expenditure  of  state  general  funds  and  further 
will  be  subject  to  the  approval  of  the  governor  and  council. 

34  Department  of  Education;  Supplemental  Appropriation.  In  addition  to 
any  other  sums  appropriated  to  the  department  of  education,  the  sura  of 
$2,354  is  hereby  appropriated  to  be  paid  to  the  Department  of  Health  and 
Human  Services  as  a  result  of  an  overpayment  for  services  performed  under 
contract  He-W  OS-74-33.  The  governor  is  authorized  to  draw  his  warrant  for 
said  sums  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

35  Appropriation  for  Building  Projects  Revolving  Fund.  There  is  hereby 
appropriated  to  the  state  department  of  education  the  sum  of  $40,000  for 


HOUSE  JOURNAL  9JUN82  701 


the  biennium  ending  June  30,  1983,  to  fund  the  building  projects  revolving 
fund  established  by  RSA  188-A:11.  Such  fund  shall  be  nonlapsing.  Such  sum 
shall  be  in  addition  to  any  other  sums  appropriated  to  the  department  of 
education.  The  governor  is  authorized  to  draw  his  warrant  for  said  sura 
from  any  money  in  the  treasury  not  otherwise  appropriated. 

36  Authority  to  Raise  Tuition  at  Technical  Institute  and 
Vocational-Technical  Colleges.  Amend  1981,  568:17  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following: 

568:17  Tuition  at  Technical  Institute  and  Vocational-Technical 
Colleges.  Notwithstanding  any  law  to  the  contrary,  the  state  board  of 
education  shall  have  the  authority  to  raise  tuition  at  the  New  Hampshire 
technical  institute  and  the  6  New  Hampshire  vocational-technical  colleges 
so  that  when  said  tuition  is  added  to  the  state  general  fund  appropriation 
the  gross  expenditure  amount  shall  be  maintained  for  the  next  2  year 
period.  Any  tuition  increase  shall  be  by  a  like  amount  at  all  of  the 
vocational-technical  colleges  and  at  the  New  Hampshire  technical 
institute.  All  sums  received  through  appropriat  i>^.:s  and  tuition  shall  he 
used  for  support  and  maintenance  including  personnel  services,  operating 
expenses,  and  other  expenses  incident  to  the  proper  management  and 
operation  of  said  institute  and  colleges. 

37  Nursing  Scholarships. 

I.  Notwithstanding  any  other  provisions  of  law  to  the  contrary,  if 
the  fees  raised  from  nurse  registration  are  less  than  estimated  for  the 
biennium  ending  June  30,   1983,   the  nurse   registration  board   shall  be 


702  HOUSE  JOURNAL  9JUN82 


authorized  to  expend  the  sums  appropriated  to  it  in  1981,  568:1.06,03,05 
for  operating  expenses  and  nursing  scholarships  without  increasing  the  fees 
authorized  in  RSA  326-B:ll. 

II.  If  the  actual  fees  received  are  less  than  the  estimated  fees  as 
projected  in  the  operating  budget  PAU  as  cited  in  paragraph  I,  the 
difference  shall  be  a  charge  against  the  general  fund. 

38  Categorical  Grants.  If  any  of  the  budgeted  fiscal  year  1982  federal 
categorical  grants  detailed  below  have  unexpended  funds  on  June  30,  1982, 
which  are  available  to  be  carried  forward  into  fiscal  year  1983,  the 
department  of  education  is  hereby  authorized  to  expend  such  available  funds 
in  fiscal  year  1983  for  the  same  purposes  for  which  the  sums  were 
originally  appropriated. 

Grant  Name PAU 

Basic  Skills  Grant  06,03,01,05 

Community  Education  Project  -  Federal  Funds  06,03,01,06,01 

Program  Services  ESEA  IV  Part  -  B  06,03,06,03 

Program  Services  ESEA  IV  Part  -  C  06,03,06,04 

Program  Services  Adra.  ESEA  IV  06,03,20,02 

39  Non-Lapsing  Funds;  State  Prison.  Notwithstanding  any  other 
provision  of  law,  the  sum  of  $1,000,000  in  fiscal  year  1982  included  in  the 
appropriation  in  PAU  02,  17,  01  (state  prison)  for  impact  items,  and  the 
sum  of  $63,464  in  fiscal  year  1982  included  in  the  appropriation  in 
PAU  02,  17,  04  (state  prison)  for  maintenance  own  forces  shall  not  lapse 
until  June  30,  1983,  and  shall  not  be  used  for  any  other  purpose. 


HOUSE  JOURNAL  9JUN82  703 


40  Non-Lapsing  Funds;  Youth  Development  Center.  Notwithstanding  any 
other  provisions  of  law,  the  sum  of  $103,200  in  fiscal  year  1982  included 
in  the  appropriation  in  PAU  02,  18,  03  (New  Hampshire  youth  development 
center)  for  maintenance  own  forces  and  maintenance  contracts  shall  not 
lapse  until  June  30,  1983. 

41  Revolving  Fund;  State  Prison.  The  state  prison  is  authorized  to 
establish  an  account  for  the  custody  of  unmanageable  inmates  in 
out-of-state  institutions  or  federal  penitentiaries  when  no  suitable 
institution  exists  in  New  Hampshire.  This  account  will  be  a  revolving 
fund,  retroactive  to  July  1,  1981,  and  shall  include  any  funds  in  such  an 
account  on  June  30,  1981,  and  any  funds  appropriated  for  that  purpose  in 
1981,  568:1.02,  17,  03.  Funds  received  from  other  institutions  for  the 
custody  of  their  inmates  will  be  deposited  to  this  account  to  replenish  the 
balance  available  to  a  maximum  of  $25,000.  Excess  funds  will  be  deposited 
in  the  general  fund.  No  part  of  this  account  shall  be  transferred  to  any 
other  appropriation  or  expended  for  any  other  purpose. 

42  Non-Lapsing  Appropriation;  Contract  Renegotia>.ion. 

I.  The  funds  appropriated  in  1981,  568:1.01,04,06  shall  be 
non-lapsing  funds  through  June  30,  1983. 

II.  The  comptroller  and  the  judicial  council  shall  renegotiate  with 
the  administrators  of  the  public  defender  contract  the  payment  to  be  made 
under  that  contract  for  the  fourth  quarter  of  fiscal  year  1982. 

43  Persons  Liable  for  Support.  Amend  RSA  604-A:2-a  (supp)  as  inserted 
by  1981,  568:20,  III  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 


704  HOUSE  JOURNAL  9JUN82 


604-A:2-a  Additional  Inquiry.  Whenever  a  court  appoints  counsel 
pursiinnL  to  the  provisions  of  RSA  60A-A:2,  the  court  shall  conduct  an 
appropriate  inquiry  as  to  whether  any  person  who  pursuant  to  RSA  546-A:2  is 
liable  for  the  support  of  the  defendant  is  financially  able  to  pay  for  such 
defendant's  counsel.  If  the  court  determines  that  the  person  liable  for 
support  is  financially  -able  to  pay  for  said  counsel,  in  whole  or  in  part, 
the  court  shall  enter  an  appropriate  order  requiring  said  person  to 
reimburse  the  state  for  the  representation  provided;  provided,  however, 
that  a  child  shall  not  be  required  to  reimburse  the  state  for 
representation  provided  to  his  mother  or  father,  and  a  parent  shall  not  be 
required  to  reimburse  the  state  for  representation  provided  to  a  child  18 
years  of  age  or  older,  and  any  person  who  was  a  victim  of  the  crime  with 
which  the  defendant  has  been  charged  shall  not  be  required  to  reimburse  the 
state  for  the  representation  provided.  For  the  purposes  of  this  section, 
the  inquiry  conducted  by  the  court  shall  include  notice  and  hearing  to  the 
person  liable  for  support. 

44  Youth  Development  Center;  Sale  of  Materials.  The  youth  development 
center  is  hereby  directed  to  sell  loam,  sand,  gravel  and  harvestable  timber 
from  the  Candia  property.  Proceeds  from  such  sales  shall  be  deposited  as 
restricted  income. 

45  Guardian  ad  Litem  Fees.  Amend  RSA  458:17-a,  II  (supp)  as  inserted 
by  1969,  235:1  ns  amended  by  striking  out  said  paragraph  and  inserting  in 
place  thereof  the  following: 


HOUSE  JOURNAL  9JUN82  70S 


II.  Said  guardian  ad  litem  shall  be  a  full  party  to  the  proceedings 
and  shall  have  such  rights  as  other  parties,  including  but  not  limited  to 
the  right  to  fully  participate  in  any  hearing  and  compel  the  attendance  of 
witnesses.  The  guardian  may  also  utilize  the  services  of  others  to  aid  him 
in  representing  the  child.  The  fees  for  services  of  others  and  for  the 
guardian  shall  be  a  charge  against  the  parties  in  a  proportional  amount  as 
the  court  may  determine.  Where  the  parties  are  indigent,  guardian  ad  litem 
compensation  shall  be  based  upon  the  applicable  fee  schedule  established  by 
the  supreme  court  of  New  Hampshire  for  indigent  defense  counsel. 

46  Salaries.  Amend  1981,  568:163  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

568:163   Salary  Increases. 

I.  Salary  Increases.  Commencing  July  3,  1981,  the  salary  of  every 
classified,  unclassified,  judicial  and  legislative  state  employee  shall  be 
increased  by  9  percent  of  the  amount  such  employee  is  receiving  on  July  2, 
1981.  The  director  of  legislative  services  is  hereby  directed  to  change 
the  salary  schedules  and  tables  and  introductory  paragraphs  in  RSA  94:1- i, 
RSA  99:l-a  and  RSA  491-A:1  to  reflect  the  9  percent  increase  provided  for 
herein  and  said  schedules  and  tables  and  paragraphs  are  hereby  so  amended 
commencing  July  3,  1981. 

II.  Appropriation  for  Unclassified  Employee,  Legislative  Employee, 
and  Judicial  Salary  Increase.   In  addition  to  any  other  suras  previously 
appropriated  there  are  hereby  appropriated  for  the  fiscal  year  ending  June 
30,   1982,   for   the  salary  increases   for  unclassified   state  employees, 
legislative  employees,  and  judicial  salary  increases  as  provided  in  this 


706  HOUSE  JOURNAL  9JUN82 


act  the  following  sums:  $513,990  from  the  general  funds  of  the  state, 
$54,243  from  the  highway  fund,  $2,6A6  from  the  fish  and  game  fund,  $22,716 
from  federal  funds,  and  $44,541  from  self-sustaining  funds.  In  addition  to 
any  other  sums  previously  appropriated,  there  are  hereby  appropriated  for 
the  fiscal  year  ending  June  30,  1983,  for  the  salary  increases  for 
unclassified  state  employees,  legislative  employees,  and  judicial  salary 
increases  as  provided  in  this  act  the  following  sums:  $385,919  from  the 
general  funds  of  the  state,  $40,882  from  the  highway  fund,  $3,026  from  the 
fish  and  game  fund,  $23,379  from  federal  funds  and  $49,561  from 
self-sustaining  funds.  The  governor  is  authorized  to  draw  his  warrants  for 
sums    hereby   appropriated. 

III.  Appropriations  for  Retirement  and  OASI.  There  are  hereby 
appropriated  in  addition  to  any  other  sums  appropriated  for  retirement  and 
OASI  for  unclassified  employees,  legislative  employees,  and  judicial 
officers  for  the  fiscal  year  ending  June  30,  1982,  the  following  sums: 
$15,420  from  the  general  funds  of  the  state,  $1,627  from  the  highway  fund, 
$79  from  the  fish  and  game  fund,  $681  from  federal  funds,  and  $1,336  from 
self-sustaining  funds,  and  the  following  sums  for  the  fiscal  year  ending 
June  30,  1983:  $36,662  from  the  general  funds  of  the  state,  $3,885  from 
the  highway  fund,  $287  from  the  fish  and  game  fund,  $2,221  from  federal 
funds  and  $4,708  from  self-sustaining  funds.  The  governor  is  authorized  to 
draw  his   warrants    for    the    sums   hereby   appropriated. 

IV.  Appropriation  for  Classified  State  Employee  Salary  Increase. 
There  are  hereby  appropriated  for  the  fiscal  year  ending  June  30,  1982,  for 
the    salary    increases    for    classified    state    employees    provided    for    herein    the 


HOUSE  JOURNAL  9JUN82  707 


following  sums:  $7,095,033  from  the  general  fund  of  the  state,  $2,652,624 
from  the  highway  fund,  $186,768  from  the  fish  and  game  fund,  $2,067,192 
from  federal  funds  and  $517,734  from  self-sustaining  funds.  There  are 
hereby  appropriated  for  the  fiscal  year  ending  June  30,  1983,  for  the 
salary  increases  for  classified  state  employees  provided  for  herein  the 
following  sums:  $6,459,788  from  the  general  fund  of  the  state,  $2,473,628 
from  the  highway  fund,  $172,508  from  the  fish  and  game  fund,  $1,834,307 
from  federal  funds  and  $554,493  from  self-sustaining  funds.  The  governor 
is    authorized    to    draw  his    warrants    for    the    sums    hereby   appropriated. 

V.  Appropriation  for  Retirement  and  OASI.  There  are  hereby 
appropriated  in  addition  to  any  other  sums  appropriated  for  retirement  and 
OASI  for  the  salary  increases  for  classified  employees  provided  for  herein 
for  fiscal  year  1982  the  following  sums:  $653,121  from  the  general  funds 
of  the  state,  $248,067  from  the  highway  fund,  $17,865  from  the  fish  and 
game  fund,  $188,532  from  federal  funds  and  $47,853  from  self-sustaining 
funds,  and  the  following  sums  for  the  fiscal  year  ending  June  30,  1983: 
$600,145  from  the  general  funds  of  the  state,  $2^3,427  from  the  high'--y 
fund,  $16,319  from  the  fish  and  game  fund,  $171,384  from  federal  funds  and 
$51,364  from  self-sustaining  funds.  The  governor  is  authorized  to  draw  his 
warrants    for    the    sums   hereby   appropriated. 

VI.  Comptroller  To  Allocate.  Notwithstanding  any  other  provision  of 
law,  the  comptroller  is  hereby  authorized  and  directed  to  allocate  the  sums 
appropriated  by  this  act  for  salary  increases  to  various  program 
appropriation     units     on     the     same    ratio     that     the    appropriation     in    each    PAU 


708  HOUSE  JOURNAL  9JUN82 


for  personnel   services  bears   to  the   total  appropriation  for  personnel 
services. 

VII.  Appropriation  for  Cost  Package.  There  are  hereby  appropriated 
in  addition  to  all  other  appropriations  the  following  sums  for  fiscal  year 
1982  to  implement  the  balance  of  the  cost  package  of  the  negotiated 
agreement  between  the  state  negotiating  committee  and  the  State  Employees 
Association  of  New  Hampshire,  Inc.,  dated  June  15,  1981:  $1,264,189  from 
the  general  funds  of  the  state,  $528,864  from  the  highway  fund,  $23,282 
from  the  fish  and  game  fund,  $326,913  from  federal  funds  and  $127,697  from 
self-sustaining  funds.  There  are  hereby  appropriated  in  addition  to  all 
other  appropriations  of  the  following  sums  for  fiscal  year  1983: 
$1,597,857  from  the  general  funds  of  the  state,  $649,897  from  the  highway 
fund,  $31,043  from  the  fish  and  game  fund,  $435,123  from  federal  funds  and 
$159,886  from  self-sustaining  funds.  The  governor  is  authorized  to  draw 
his  warrants  for  the  sums  hereby  appropriated. 

47  University  of  New  Hampshire.  The  sum  of  $2,600,000  is  hereby 
appropriated  to  the  trustees  of  the  university  system  of  New  Hampshire  for 
the  fiscal  year  ending  June  30,  1983,  to  provide  salary  increases  and 
fringe  benefits.  Said  appropriation  is  in  addition  to  all  other  sums 
appropriated  to  the  university  system.  The  governor  is  authorized  to  draw 
his  warrant  for  said  sum  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

48  Holiday  Credit  Prohibited;  Accrual  of  Sick  or  Annual  Leave 
Prohibited.  Amend  RSA  99:2,  e  (supp)  as  inserted  by  1969,  275:1  as  amended 
by  striking  out  said  paragraph  and  inserting  in  place  thereof  the  following: 


HOUSE  JOURNAL  9JUN82  709 


e.  Other  provisions  of  law  notwithstanding,  classified  state 
employees  who  are  totally  disabled  as  a  result  of  work-connected  accidental 
injury  shall  be  entitled  to  all  workmen's  compensation  benefits  under  RSA 
281,  and  by  election  of  said  employees,  to  sick  or  annual  leave  benefits 
e;tcept  that  the  combination  of  workmen's  compensation  and  sick  or  annual 
leave  benefits  shall  not  exceed  such  employee's  full  pay,  subject  to 
payroll  deductions  with  respect  to  sick  or  annual  leave  benefits;  provided, 
however,  that  any  employee  on  workmen's  compensation  shall  not  be  entitled 
to  have  each  holiday  added  to  annual  leave  accumulation;  nor  shall  he  be 
entitled  to  have  any  time  added  to  sick  or  annual  leave  accumulation  while 
on  workmen's  compensation.  The  comptroller  is  hereby  directed  to  maintain 
separate  accounts  for  the  payment  of  wage  benefits  and  medical  costs 
pursuant  to  workmen's  compensation  benefits  for  state  employees. 
49   Hiring  Freeze;  Fund  Established. 

I.  Notwithstanding  any  other  provision  of  law,  during  the  fiscal 
biennium  ending  June  30,  1983,  all  permanent  classified,  full-time 
temporary  classified  and  unclassified  positions  in  any  department  is 
defined  in  RSA  9:1,  except  for  those  positions  which  are  appointed  by 
governor  and  council  or  which  require  governor  and  council  approval, 
regardless  of  the  source  of  funds,  which  are  vacant  on  the  effective  date 
of  this  act  shall  remain  vacant  and  shall  not  be  filled  except  as 
hereinafter  provided. 

II.  Notwithstanding  any  other  provision  of  law,  during  the  fiscal 
biennium  ending  June  30,  1983,  all  permanent  classified  and  full-time 
temporary   classified   and   unclassified   positions   in  any   department   as 


710  HOUSE  JOURNAL  9JUN82 


defined  in  RSA  9:1,  except  for  those  positions  which  are  appointed  by 
governor  and  council  or  which  require  governor  and  council  approval, 
regardless  of  the  source  of  funds,  which  become  vacant  for  any  reason 
including,  but  not  limited  to,  the  death,  resignation,  retirement  or 
removal  of  the  incumbent  thereof  after  the  effective  date  of  this  act  shall 
remain  vacant  and  shall  not  be  filled  except  as  hereinafter  provided.  The 
funds  for  such  positions  for  the  balance  of  the  fiscal  year  in  an  amount 
equal  to  the  annual  costs  of  said  position  at  the  same  step  in  the  labor 
grade  less  the  amount  expended  for  said  position  during  that  fiscal  year 
and  less  any  separation  costs  including,  but  not  limited  to,  longevity  pay, 
accrued  annual  leave  and  terminal  pay  shall  immediately  upon  the  existence 
of  such  vacancy  be  transferred  to  the  hiring  freeze  fund  established  in 
paragraph  III. 

III.  The  state  comptroller  is  hereby  directed  to  establish  a  special 
account  to  be  known  as  the  hiring  freeze  fund.  All  funds  transferred  as  a 
result  of  the  creation  of  a  vacant  position  as  provided  in  paragraph  II  of 
this  section  shall  be  kept  in  said  fund  unless  the  vacancy  is  filled  in 
accordance  with  the  provisions  of  this  section.  Any  moneys  remaining  in 
the  fund  on  June  30,  1983,  shall  lapse  and  revert  to  the  general  fund,  the 
highway  fund  or  such  other  appropriate  fund  as  determined  by  the 
comptroller. 

IV.  Any  position  otherwise  required  to  remain  vacant  pursuant  to 
paragraphs  I  and  II  of  this  section  may  be  filled  provided  that  the  chief 
executive  officer  of  the  department,  as  department  is  defined  in  RSA  9:1, 
seeking  to  fill  the  position  obtains  prior  written  approval  of  the  governor 


HOUSE  JOURNAL  9JUN82  711 


and  the  advisory  budget  control  committee  established  pursuant  to  RSA 
9:13-a.  Whenever  any  vacant  position  is  authorized  to  be  filled  pursuant 
to  this  paragraph,  any  funds  transferred  to  the  hiring  freeze  fund  upon  the 
creation  of  that  vacancy  during  that  fiscal  year  shall  be  transferred  back 
to  that  department.  The  advisory  budget  control  committee  is  hereby 
authorized  to  approve  or  disapprove  the  filling  of  any  vacancy  upon  the 
showing  of  need  by  the  agency  involved. 

V.  Every  department,  as  defined  in  RSA  9:1,  shall,  prior  to  June  30, 
1982,  submit  to  the  governor  and  to  the  fiscal  committee  of  the  general 
court  a  plan  setting  forth  its  permanent  staff  levels  necessary  to 
implement  its  budget  for  fiscal  year  1983.  Said  plan,  once  submitted  to 
the  governor  and  the  fiscal  committee,  shall  be  binding  on  the  department; 
and  the  permanent  staff  of  the  department  shall  not  be  increased 
thereafter.  Said  plan  shall  contain,  but  shall  not  be  limited  to,  the 
following  provisions: 

(a)  A  provision  showing  the  number  of  permanent  staff  positions 
needed  in  that  department,  provided  that  the  perma.ient  staff  positions  .n 
the  department  for  fiscal  year  1983  shall  not  exceed  the  number  of 
permanent  staff  positions  filled  in  that  department  on  June  30,  1982, 
unless  additional  permanent  staff  positions  for  fiscal  year  1983  are 
otherwise  authorized  by  this  act  or  by  special  legislative  act. 

(b)  A  provision  showing  the  amount  of  additional  benefits  due  to 
department  employees  who  separated  from  state  service  in  fiscal  year  1982 
for  any  reason,  provided  that  such  benefits  shall  be  a  charge  against  that 
department's  fiscal  year  1983  appropriation  for  personnel  services. 


712  HOUSE  JOURNAL  9JUN82 


(c)  A  provision  showing  the  funding  of  permanent  staff  positions 
by  individual  position  needed  for  fiscal  year  1983  including,  but  not 
limited  to,  longevity  pay,  salary  step  increases,  annual  leave  and  other 
benefits,  provided  said  funding  shall  be  a  charge  against  that  department's 
appropriation  for  personnel  services. 

(d)  A  provision  showing  all  other  restrictions  on  the 
department's  appropriation  and  indicating  how  such  restrictions  have  been 
or  will  be  complied  with. 

(e)  A  provision  showing  the  amount  remaining,  if  any,  in  that 
department's  appropriation  for  personnel  services  having  considered  that 
department's  plan  as  provided  herein  and  after  making  all  other  reductions 
to  said  appropriation  required  by  law.  The  balance  shall  be  available  to 
that  department  to  be  transferred  to  its  appropriation  for  operating 
expenses  or  to  its  appropriation  for  other  expenses. 

Any  vacancies  in  permanent  staff  positions  resulting  from  the 
implementation  of  the  department's  plan  submitted  pursuant  to  this 
paragraph  shall  not  be  deemed  to  be  vacancies  within  the  meaning  of 
paragraph  II  of  this  section.  For  the  purposes  of  this  paragraph,  the 
phrase  "permanent  staff"  shall  mean  permanent  classified,  full-time 
temporary  classified  and  unclassified  positions  except  for  those  positions 
which  are  appointed  by  governor  and  council  or  which  require  governor  and 
council  approval. 

VI.  No  department  which  is  required  to  submit  to  the  governor  and  to 
the  fiscal  committee  a  plan  pursuant  to  paragraph  V  of  this  section  and 
which  fails  to  submit  such  plan  as  required  shall  be  given  a  quarterly 


HOUSE  JOURNAL  9JUN82  713 


allotment  by  the  comptroller  for  any  succeeding  quarter  pursuant  to  1981, 
568:72  until  such  time  as  said  plan  is  submitted;  provided,  however,  that 
the  comptroller  with  the  approval  of  the  governor  and  council  may  waive  the 
provisions  of  this  paragraph  upon  the  showing  of  hardship  for  a  period  not 
exceeding  90  days. 

VII.  Every  department,  as  defined  in  RSA  9:1,  in  which  a  vacancy 
occurs  which  may  not  be  filled  pursuant  to  this  section  shall  forthwith 
declare  all  equipment  surplus  in  said  department  which  was  used  primarily 
for  said  vacant  position  and  which  will  not  be  needed  by  other  employees  in 
said  department.  Said  equipment  shall  be  transferred  to  the  custody  and 
control  of  the  director  of  purchase  and  property.  Said  director  of 
purchase  and  property  shall  examine  said  equipTent  and  determine  its  state 
of  repair.  He  shall  keep  an  inventory  of  the  same  which  shall  indicate  the 
location  of  said  equipment  and  the  department  from  which  it  was 
transferred.  If  said  director  determines  that  said  equipment  is  suitable 
for  use  by  other  departments  he  shall  make  the  same  available  to  such  other 
departments.  If  no  other  department  requests  b_id  equipment  or  if  he 
determines  that  such  equipment  is  in  such  condition  that  it  should  be 
disposed  of,  the  director  shall  dispose  of  the  same  to  the  public  by 
competitive  bid  in  such  manner  as  he  shall  deem  to  be  in  the  best  interest 
of  the  state.  All  equipment  transferred  or  disposed  of  pursuant  to  this 
paragraph  shall  be  valued  and  a  report  of  same  given  to  the  governor  and 
the  fiscal  committee  of  the  general  court  quarterly  on  the  first  day  of 
July,  October,  January  and  April. 


714  HOUSE  JOURNAL  9JUN82 


50  Salary  Increases  for  Acting  Directors.  Amend  RSA  94  by  inserting 
after  section  1-b  the  following  new  section: 

94:l-c  Salary  of  Acting  Directors.  When  any  classified  or  unclassified 
state  employee  is  appointed  or  officially  designated  as  the  acting  director 
or  administrative  head  of  any  state  agency  or  department  to  fill  a  vacancy 
in  the  director's  or  administrative  head's  position,  he  shall  be 
compensated  at  the  minimum  step  of  the  salary  range  or  labor  grade  at  which 
the  director  or  administrative  head  is  compensated.  If  the  salary  of  the 
person  appointed  or  designated  as  acting  director  or  administrative  head 
prior  to  such  appointment  or  designation  is  greater  than  the  minimum  step 
of  the  salary  range  or  labor  grade  at  which  the  director  or  administrative 
head  is  to  be  compensated,  he  shall  be  compensated  at  the  next  step  within 
the  salary  range  or  labor  grade  of  the  director  or  administrative  head 
which  is  above  the  salary  he  was  receiving  prior  to  his  appointment  or 
designation. 

51  Reporting  of  Upgrades.  The  director  of  personnel  shall  report 
monthly  to  the  fiscal  committee  of  the  general  court  on  all  personnel 
upgrades.  This  report  shall  be  in  writing  and  shall  specify  the  department 
and  title  of  each  upgrade. 

52  Personnel  Rules  Waiver.  The  governor  is  authorized  to  grant 
emergency  waivers  of  the  rules  of  the  personnel  commission  as  he  deems 
necessary  for  the  purpose  of  recruiting  employees  for  the  Laconia  state 
school  and  training  center  to  enable  the  state  to  comply  with  the  court 
order  in  Garrity  v.  Gallen.  This  authority  shall  not  extend  to  adjustments 
in  salary  levels. 


HOUSE  JOURNAL  9JUN82  715 


53  Assistant  State  Treasurer.  Amend  RSA  6  by  inserting  after  section 
27  the  following  new  subdivision: 

Assistant  State  Treasurer 

6:28  Appointment;  Removal.  The  state  treasurer  shall  appoint  an 
assistant  state  treasurer  who  shall  hold  office  during  good  behavior.  The 
governor  and  council  may  remove  the  assistant  for  cause  as  they  may  remove 
the  treasurer. 

6:29  Oath;  Bond.  Before  entering  upon  the  duties  of  the  office,  the 
assistant  state  treasurer  shall  be  sworn  and  shall  give  bond  to  the  state 
in  the  sum  of  $40,000,  with  sufficient  sureties  to  be  approved  by  the 
governor  and  council,  conditioned  on  the  faithful  discharge  of  the  duties 
of  the  office.  The  bond  shall  be  filed  and  preserved  in  the  office  of  the 
secretary  of  state. 

6:30  Duties.  The  assistant  state  treasurer  shall  perform  such  duties 
as  may  be  assigned  to  him  by  the  state  treasurer.  During  the  absence  or 
disability  of  the  treasurer  and  deputy  treasurer  he  shall  perform  all  the 
duties  of  the  office  of  state  treasurer. 

6:31  Salary.  The  annual  salary  of  the  assistant  state  treasurer  shall 
be  that  established  by  RSA  94:l-a. 

54  Position  Filled.  Notwithstanding  RSA  6:28  as  inserted  by  section  53 
of  this  act,  the  supervisor  of  disbursements  in  the  state  treasury  shall 
become  the  assistant  state  treasurer  on  the  effective  date  of  this  act. 
The  position  of  supervisor  of  disbursements  is  hereby  abolished. 

55  Salary  of  Assistant  State  Treasurer.  Amend  RSA  94:l-a,  I  (supp)  as 
inserted  by  1969,  500:12  as  amended  by  inserting  in  Group  K  -  Assistant 
state  treasurer. 


716  HOUSE  JOURNAL  9JUN82 


56  Exception  to  Personnel  Reduction  for  Laconia  State  School. 

I.  The  division  of  mental  health  and  developmental  services  shall 
submit  a  separate  plan  for  the  reductions  provided  for  in  1981,  568:102  and 
161  for  the  Laconia  state  school  and  training  center  only  by  June  1,  1982, 
to  the  governor  and  the  advisory  budget  control  committee.  In  addition, 
the  division  of  mental  health  and  developmental  services  shall  submit  a 
separate  plan  for  the  implementation  of  the  reduction  provided  for  in 
section  195  of  this  act  for  the  Laconia  state  school  and  training  center 
only  by  June  1,  1982,  to  the  governor  and  the  advisory  budget  control 
committee. 

II.  Exceptions  from  the  plans  required  to  be  submitted  pursuant  to 
paragraph  I  of  this  section  may  be  requested  by  the  division  of  mental 
health  and  developmental  services  in  writing  to  the  governor.  Any 
exceptions  granted  by  the  governor  shall  be  transmitted  in  writing  to  the 
advisory  budget  control  committee  for  its  concurrence.  If  the  committee 
concurs,  the  governor  is  authorized  to  draw  his  warrants  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 

57  State  Agency  Planning  and  Design  Costs.  Effective  July  1,  1982,  the 
division  of  public  works  of  the  department  of  public  works  and  highways 
shall  not  perform  any  design  and  planning  work  for  any  state  agency  unless 
the  division  is  reimbursed  for  such  work  by  the  agency  pursuant  to  a 
written  agreement.  The  division  shall  not  expend  for  fiscal  year  1983  more 
than  $100,000  plus  any  actual  agency  income  from  design  and  planning  work. 

58  Department  of  Public  Works  and  Highways,  Division  of  Public  Works. 

I.  Notwithstanding  any  other  provision  of  law,  the  division  of 
public  works  of  the  department  of  public  works  and  highways  shall,  prior  to 
performing   any   design   and   planning   work   for   any   department,   board. 


HOUSE  JOURNAL  9JUN82  717 


commission,  institution  or  other  agency,  enter  into  a  vnritten  agreement 
specifying  in  detail  the  services  to  be  performed  and  the  cost  to  the 
agency.  Said  agreement  shall  be  binding  on  the  division  of  public  works 
and  the  other  agency.  Any  change  or  modification  in  the  services  to  be 
performed  shall  likewise  be  agreed  to  in  writing  and  shall  specify  the 
change  and  the  adjustment  to  the  cost.  Any  dispute  relative  to  such 
agreements  shall  be  resolved  by  the  attorney  general. 

II.  Notwithstanding  any  other  provision  of  law,  the  division  of 
public  works  of  the  department  of  public  works  and  highways  is  hereby 
authorized  to  make  expenditures  in  excess  of  the  amounts  appropriated  by 
1981,  568:1  to  the  extent  that  other  agency  income  received  by  the 
department  exceeds  the  anticipated  other  agency  income  in  1981,  568:1. 

59  Highway  Bonds  Authorized.  Amend  1979,  434:3  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following: 

434:3  Bond  Issue  Authorized.  To  provide  funds  for  the  purpose  of 
construction  and  reconstruction  of  highways,  the  state  treasurer  is  hereby 
authorized  to  borrow  upon  the  credit  of  the  state  in  a  sum  not  exceed'  .g 
$12,000,000  for  the  biennium  ending  June  30,  1981,  and  for  that  purpose  may 
issue  bonds  and  notes  in  the  name  and  on  behalf  of  the  state  of  New 
Hampshire  in  accordance  with  the  provisions  of  RSA  6-A.  The  interest  and 
principal  due  on  bonds  or  notes  issued  under  this  section  shall  be  a  charge 
on  the  highway  fund.  The  monies  provided  in  this  section  shall  be  a 
continuing  appropriation  and  shall  not  lapse. 

60  Turnpike  System.  Amend  RSA  237:2,  II  as  inserted  by  1981,  87:1  by 
striking  out  said  paragraph  and  inserting  in  place  thereof  the  following: 


718  HOUSE  JOURNAL  9JUN82 


II.  Acquire  land  and  make  improvements  to  that  portion  of  the 
eastern  New  Hampshire  turnpike  known  as  the  Spaulding  turnpike  and  extend 
said  turnpike  with  2  lanes  including  the  completion  of  existing  interchange 
number  9,  the  Dover-Somersworth  interchange,  and  the  extension  of  the 
turnpike  to  the  1965  Milton-Wakef ield  project; 

61  Public  Works  and  Highways;  Appropriation  Restored.  Amend  1981, 
568:153  by  striking  out  said  section  and  inserting  in  place  thereof  the 
following: 

568:153  Appropriation  Restored.  The  commissioner  of  the  department  of 
public  works  and  highways  is  hereby  authorized,  with  the  approval  of  the 
governor  and  council,  to  transfer  from  any  surplus  in  the  highway  fund  as 
of  June  30,  1981,  an  amount  not  to  exceed  $4,321,273  to  the  appropriations 
included  in  laws  of  1979,  434:1.04,04,03  for  construction  and 
reconstruction  to  eliminate  all  or  a  portion  of  the  reductions  in  these 
appropriations  for  the  1980  and  1981  fiscal  years  resulting  from  action  by 
the  advisory  budget  committee  in  maintaining  a  balanced  budget  for  the 
highway  fund  for  the  1980-81  bienniura. 

62  Change  in  Time  of  Payment.  Amend  RSA  31-A:5  (supp)  as  inserted  by 
1970,  5:16  as  amended  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

31-A:5   Time  of  Payment. 

I.  In  each  year  subsequent  to  1981,  the  state  treasurer  shall  pay 
over  to  each  city  or  town  the  amount  due  to  it  in  installments  as  follows: 
1/2  on  September  15,  and  1/2  on  December  15. 


HOUSE  JOURNAL  9JUN82  719 


II.  If  a  city  or  town  has  adopted,  or  at  any  time  adopts,  a  fiscal 
year  ending  in  June,  the  state  treasurer,  starting  with  the  year  1982  in 
the  case  of  a  city  or  town  which  has  already  adopted  such  a  fiscal  year  and 
starting  in  the  year  in  which  the  fiscal  year  change  takes  effect  in  the 
case  of  a  city  or  town  hereafter  adopting  such  a  fiscal  year,  and  each  year 
thereafter  in  both  cases,  shall  make  payments  in  installments  as  follows: 
1/4  on  March  15;  1/4  on  June  15;  and  1/2  on  December  15.  There  is  hereby 
appropriated  for  each  fiscal  year  a  sum  sufficient  to  make  the  payments 
provided  for  by  this  section.  The  governor  is  authorized  to  draw  his 
warrant  for  the  sums  appropriated  by  this  section  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

63  Change  in  Time  for  Distribution.  Amend  RSA  84:16-e  as  inserted  by 
1961,  249:1  as  amended  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

84:16-e  Distribution.  The  commissioner  of  revenue  administration  shall 
certify  to  the  state  treasurer,  on  or  before  September  1  after  payment  of 
the  taxes  has  been  received,  the  amount  to  be  pa^d  to  each  town  in  ' '.e 
state  in  which  depositors,  shareholders  or  stockholders  of  any  such 
corporation  reside,  of  the  taxes  so  assessed  upon  any  such  corporation  with 
respect  to  the  dividends,  shares  and  stock  of  residents  of  such  towns, 
which  shall  be  distributed  to  the  respective  towns  by  the  state  treasurer. 
Such  distribution  shall  be  made  among  the  respective  towns,  in  amounts 
proportional,  as  closely  as  reasonably  possible,  to  the  amount  of  all 
savings  and  special  deposits,  shares  and  capital  stock  belonging  to  the 
rPBidents  of  <>flch  niich  town,  .is  determined  by  the  commissioner  of  rovenuf 


720  HOUSE  JOURNAL  9JUN82 


administration.  The  portion  of  such  taxes  not  distributable  to  towns,  as 
provided  in  this  section,  which  is  collected  from  institutions  which  are 
subject  to  the  examination  and  supervision  of  the  bank  commissioner  as 
provided  in  RSA  383:9  shall  be  retained  in  the  state  treasury  and  applied 
against  the  cost  of  such  examination  and  supervision;  and  the  remainder  of 
such  non-distributable  taxes  collected  from  institutions  not  subject  to  the 
jurisdiction  of  the  bank  commissioner  shall  also  be  so  retained  and  shall 
be  expended  for  the  purpose  of  RSA  198:8  to  15. 

64  Change  in  Time  of  Payment  to  School  Districts.  Amend  RSA  198:10-b 
as  inserted  by  1955,  331:1  by  striking  out  in  lines  4  and  5  the  words  "or 
before  January  fifteenth"  and  inserting  in  place  thereof  the  following 
(April  13)  so  that  said  section  as  amended  shall  read  as  follows: 

198:10-b  — To  Whom  Paid.  Foundation  aid  shall  be  paid  to  the  school 
district  legally  responsible  for  the  education  of  the  pupils  who  attend 
approved  public  schools  within  the  district  or  in  other  districts,  as  the 
case  may  be.  Payment  of  foundation  aid  shall  be  made  on  April  15  in  the 
fiscal  year  for  which  such  aid  is  due. 

65  Change  in  Date  for  Distribution  of  Aid  to  School  Districts  for 
Special  Education  Programs.  Amend  RSA  186-C:18,  VI(a)  (supp)  as  inserted 
by  1981,  352:2  by  striking  out  said  subparagraph  and  inserting  in  place 
thereof  the  following: 

(a)   Fifty  percent  of  the  amount  appropriated  under  paragraph  II 
on  Noveid>er  15  and  50  percent  of  the  amount  appropriated  on  April  15. 

66  Limitation  on  Exemption.  Amend  RSA  72:40-a  (supp)  as  inserted  by 
1970,  54:6  as  amended  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 


HOUSE  JOURNAL  9JUN82  721 


72:40-a  Limitation.  In  addition  Co  other  conditions  hereunder,  no 
exemption  shall  be  allowed  under  RSA  72:39,  72:43-b,  or  72:43-e  if  the 
resident  applying  therefor  has,  within  the  preceding  5  years,  received 
transfer  of  the  real  estate  from  a  person  under  the  age  of  65  related  to 
him  by  blood  or  marriage. 

67  Change  in  Who  Taxable.  Amend  RSA  77:3,  II  (supp)  as  amended  by 
striking  out  said  paragraph  and  inserting  in  place  thereof  the  following: 

II.  Partnerships,  associations  and  trusts,  other  than  a  trust 
comprising  a  part  of  an  employee  benefit  plan,  as  defined  in  the  Employee 
Retirement  Income  Security  Act  of  1974,  section  3,  the  beneficial  interest 
in  which  is  not  represented  by  transferable  shares,  whose  gross  interest 
and  dividend  income  from  all  sources  exceeds  $l,L'00  during  the  taxable  year. 

68  Nontaxable  Interest  and  Dividend  Income.  Amend  RSA  77:4-b  (supp)  as 
inserted  by  1981,  314:2  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

77:4-b  Interest  and  Dividend  Income  of  Employee  Benefit  Plans  and  Tax 
Deferred  Investments  Not  Taxable.  Notwithstanding  any  provisions  of  ""A 
77:4  to  the  contrary,  interest  and  dividend  income  received  by  an  employee 
benefit  plan  as  defined  by  the  Employee  Retirement  Income  Security  Act  df 
1974,  section  3,  or  any  successor  act  enacted  for  the  purpose  of  regulating 
employee  benefit  plans,  or  an  individual  retirement  arrangement,  Keogh  plan 
or  any  other  arrangement  pursuant  to  which  payment  of  federal  tax  on  the 
income  thereof  and  of  the  plan  sponsors,  participants  and  beneficiaries  is 
deferred,  shall  at  no  time  be  considered  taxable  income  under  RSA  77:4, 
either  to  the  plan  or  arrangement  or  to  its  sponsors,   participants  or 


722  HOUSE  JOURNAL  9JUN82 


beneficiaries,  irrespective  of  when  or  whether  all  or  any  portion  of  such 
income  is  accumulated  or  expended  for  the  benefit  of,  or  distributed  in  any 
form  or  manner  to,  such  sponsors,  participants  or  beneficiaries. 

69  Income  Accumulated  in  Employee  Benefit  Plan.  Amend  RSA  77:11,  II 
(supp)  as  inserted  by  1981,  314:5  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following: 

II.  Income  accumulated  in  an  employee  benefit  plan,  as  defined  by 
the  Employment  Retirement  Income  Security  Act  of  1974,  section  3,  29  United 
States  Code  1002(3),  as  amended,  or  in  a  trust  comprising  a  part  of  such  a 
plan,  shall  not  be  subject  to  taxation  under  RSA  77:1. 

70  Application  of  Minimum  Business  Profits  Tax;  Husband  and  Wife. 
Amend  RSA  77-A:2-a  (supp)  as  inserted  by  1981,  568:65,  II  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following: 

77-A:2-a  Minimum  Tax  Due. 

I.  For  tax  years  ending  on  or  after  June  30,  1981,  a  minimum  tax  of 
$250  is  imposed  upon  every  business  organization  which  is  required  to  make 
a  return  under  RSA  77-A:6.  Each  business  organization  shall  pay  the 
greater  of  the  amounts  due  under  this  section  or  RSA  77-A:2. 

II.  Paragraph  I  shall  not  apply  to  create  a  second  minimum  tax 
liability  in  instances  where  it  is  solely  a  result  of  joint  ownership  of 
property  by  a  husband  and  wife.  The  gross  business  income  shall  be 
attributed  to  the  individual  required  to  file  a  return  under  RSA  77-A:6  and 
shall  not  be  divided  between  the  individuals. 

71  Application  of  Minimum  Business  Profits  Tax;  $50,000.  Amend  RSA 
77-A:2-a  (supp)  as  inserted  by  1981,  568:65,  II  as  amended  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following: 


HOUSE  JOURNAL  9JUN82  723 


77-A:2-a     Minimum  Tax   Due. 

I.  For  tax  years  ending  on  or  after  June  30,  1982,  a  minimum  tax  of 
$250  is  imposed  upon  every  business  organization  which  is  required  to  make 
a  return  under  RSA  77-A:6  which  has  a  gross  business  income  in  excess  of 
$50,000.  Each  business  organization  shall  pay  the  greater  of  the  amounts 
due  under  this  section  or  RSA  77-A:2. 

II.  Paragraph  1  shall  not  apply  to  create  a  second  minimum  tax 
liability  in  instances  where  it  is  solely  a  result  of  joint  ownership  of 
property  by  a  husband  and  wife.  The  gross  business  income  shall  be 
attributed  to  the  individual  required  to  file  a  return  under  RSA  77-A:6  and 
shall  not  be  divided  between  the  individuals. 

72  Repeal  Minimum  BPT.  RSA  77-A:2-a,  rela:ive  to  a  minimum  business 
profits  tax,  is  hereby  repealed. 

73  Board  of  Tax  and  Land  Appeals;  Title  Amended.  Amend  the  title  of 
RSA  71-B  by  striking  out  same  and  inserting  in  place  thereof  the  following 
(Board  of  Tax  and  Land  Appeals). 

74  Board  of  Tax  and  Land  Appeals;  Compositioii  of  Board.  Amend  "jA 
71-B:1  (supp)  as  inserted  by  1973,  544:2  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

71-B:1  Board  Established.  There  is  hereby  established  a  board  of  tax 
and  land  appeals,  hereinafter  referred  to  as  the  board,  which  shall  be 
composed  of  4  members  who  shall  be  learned  and  experienced  in  questions  of 
taxation  or  of  real  estate  valuation  and  appraisal  or  of  both.  At  least 
one  member  of  the  board  shall  be  an  attorney  admitted  to  practice  in  New 


724  HOUSE  JOURNAL  9JUN82 


Hampshire.  The  members  of  the  board  shall  be  full-time  employees  and  shall 
not  engage  directly  or  indirectly  in  any  other  gainful  employment  during 
their  terms  as  members. 

75  Board  of  Tax  and  Land  Appeals;  Appointment  of  Board.  Amend  RSA 
71-B:2  (supp)  as  inserted  by  1973,  544:2  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

71-B:2  Appointment;  Term;  Chairman.  The  members  of  the  board  shall  be 
appx>inted  by  the  supreme  court  and  commissioned  by  the  governor  for  a  term 
of  5  years  and  until  their  successors  are  appointed  and  qualified; 
provided,  however,  that,  of  the  menders  initially  appointed  to  the  board, 
one  shall  be  appointed  for  a  2  year  term,  one  shall  be  appointed  for  a  3 
year  term,  one  for  a  4  year  term,  and  one  for  a  5  year  term.  All 
appointments  thereafter  shall  be  for  a  5  year  term;  provided,  however,  that 
any  vacancy  on  the  board  shall  be  filled  for  the  unexpired  term.  The 
supreme  court  shall  designate  one  member  as  chairman  to  serve  in  that 
capacity  for  the  duration  of  his  term. 

76  Board  of  Tax  and  Land  Appeals;  Duties  of  Board.  Amend  RSA  71-B:5  by 
inserting  after  paragraph  II  the  following  new  paragraph: 

III.  To  hear  and  determine  all  matters  relating  to  the  condemnation 
of  property  for  public  (nirposes  and  the  assessment  of  damages  therefor  as 
provided  in  RSA  498-A. 

77  Board  of  Tax  and  Land  Appeals;  Procedures  and  Quorum  Requirements. 
Amend  RSA  71-B:6  (supp)  as  inserted  by  1973,  544:2  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following: 


HOUSE  JOURNAL  9JUN82  725 


71-B:6  Quorum;  Disqualification;  Temporary  Members. 

I.  A  majority  of  the  board  shall  constitute  a  quorum  to  transact 
business,  but  no  order  or  decision  shall  be  made  except  by  concurrence  of  a 
majority  of  the  board. 

II.  No  member  of  the  commission  shall  represent  a  party  or  testify 
as  an  expert  witness  or  render  any  professional  service  for  any  party  or 
interest  before  the  board,  and  any  member  having  an  interest  in  the  subject 
matter  shall  be  disqualified  to  act  therein. 

III.  If,  in  the  event  of  a  disqualification  or  temporary  disability 
of  a  member  or  members  of  the  board,  it  shall  become  necessary  to  do  so, 
the  chairman  of  the  board,  subject  to  the  approval  of  the  supreme  court, 
shall  appoint  such  number  of  temporary  board  me;::bers  as  shall  be  necessary 
to  meet  the  requirements  herein  imposed.  Such  temporary  board  members 
shall  serve  with  respect  to  such  matter  until  the  same  has  been  fully 
disposed  of  before  the  board. 

IV.  Temporary  board  members  shall  have  the  same  qualifications  as 
regular  board  members  in  whose  place  they  are  acting. 

V.  A  temporary  board  member  shall  be  compensated  at  the  rate  of  $75 
for  each  day  devoted  to  the  work  of  the  board  and  shall  be  reimbursed  th'ie 
necessary  and  reasonable  expenses  incurred  by  him  in  the  performance  of  his 
duties. 

78  Board  of  Tax  and  Land  Appeals;  Reference  Deleted.  Amend  RSA  71-B:22 
(supp)  as  inserted  by  1973,  544:2  by  striking  out  said  section  and 
inserting  in  place  thereof  .the  following: 


726  HOUSE  JOURNAL  9JUN82 


71~B:22  Appeal  From.  Any  person  aggrieved  because  of  such 
reassessment,  whether  made  by  the  selectmen  or  by  or  upon  order  of  the 
board,  shall  have  the  same  rights  to  apply  for  an  abatement  as  are 
conferred  by  RSA  76:16-a. 

79   Board  of  Tax  and  Land  Appeals;  References  Changed;  Appeal  from  Board 
Decision.   Amend  RSA  76:16-a  (supp)  as  inserted  by  1955,  162:1  as  amended 
by  striking  out  said  section  and  inserting  in  place  thereof  the  following: 
J6:16-a  By  Board  of  Tax  and  Land  Appeals. 

I.  APPLICATION.  If  the  selectmen  neglect  or  refuse  to  so  abate,  any 
person  aggrieved,  having  complied  with  the  requirements  of  RSA  74,  upon 
payment  of  an  application  fee  of  $15,  may,  within  6  months  after  notice  of 
such  tax,  and  not  af ter/zards,  apply  in  writing  to  the  board  of  tax  and  land 
appeals  which,  after  inquiry  and  investigation,  shall  hold  a  hearing  if 
requested  as  herein  provided  and  shall  make  such  order  thereon  as  justice 
requires;  and  such  order  shall  be  enforceable  as  provided  hereafter. 

TI.  NOTICES.  Upon  receipt  of  an  application  under  the  provisions  of 
paragraph  I,  the  board  of  tax  and  land  appeals  shall  give  notice  in  writing 
to  the  affected  town  or  city  of  the  receipt  of  the  application  by  mailing 
such  notice  to  the  town  or  city  clerk  thereof  by  certified  mail.  Such  town 
or  city  may  request  in  writing  a  hearing  on  such  application  within  30  days 
after  the  mailing  of  such  notice  and  not  thereafter.  If  a  hearing  is 
requested  by  a  town  or  city,  the  board  of  tax  and  land  appeals  shall,  not 
less  than  30  days  prior  to  the  date  of  hearing  upon  such  application,  give 
notice  of  the  time  and  place  of  such  hearing  to  the  applicant  and  to  the 


HOUSE  JOURNAL  9JUN82  727 


town  or  city  in  writing.  Nothing  contained  herein  shall  be  construed  to 
limit  rhe  rights  of  taxpayers  to  a  hearing  before  the  board  of  tax  and  land 
appeals. 

III.  CONDUCT  AT  HEARING.  The  applicant  and  the  town  or  city  shall 
be  entitled  to  appear  by  counsel,  may  present  evidence  to  the  board  of  tax 
and  land  appeals  and  may  subpoena  witnesses.  Either  party  may  request  that 
a  stenographic  record  be  kept  of  the  hearing.  Any  investigative  report 
filed  by  the  staff  of  the  board  of  tax  and  land  appeals  shall  be  made  a 
part  of  such  record. 

IV.  RULES  OF  EVIDENO;.  In  such  hearing,  the  board  of  tax  and  land 
appeals  shall  not  be  bound  by  the  technical  rules  of  evidence. 

V.  APPEAL.  Either  party  aggrieved  by  the  decision  of  the  board  of 
tax  and  land  appeals  may,  within  30  days  after  notice  in  writing  of  the 
decision  of  the  board  of  tax  and  land  appeals,  file  notice  of  appeal  to  the 
supreme  court  specifying  all  the  grounds  upon  which  such  party  bases  his 
objections.  For  the  purposes  of  such  appeal,  the  findings  of  fact  by  the 
board  shall  be  final;  and  any  such  appeal  shall  be  limited  to  questions  of 
law. 

VI.  eNFORCEMENT  OF  ORDER.  A  copy  of  an  order  of  abatement  ordered 
by  the  board  of  tax  and  land  appeals,  attested  as  such  by  the  chairman  of 
the  board,  if  no  appeal  is  taken  hereunder,  may  be  filed  in  the  superior 
court  for  the  county  or  in  the  Merrimack  county  superior  court  at  the 
option  of  the  board;  and,  thereafter,  such  order  may  be  enforced  as  any 
final  judgment  of  the  superior  court. 


728  HOUSE  JOURNAL  9JUN82 


80  Board  of  Tax  and  Land  Appeals;  Definition  Changed.  Amend  RSA 
498-A:2,  VI  (supp)  as  inserted  by  1971,  526:1  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the  following: 

VI.   "Board"  shall  mean  the  board  of  tax  and  land  appeals  established 
under  RSA  71-3:1. 

81  3oard  of  Tax  and  Land  Appeals;  Statutory  References  Changed.  Amend 
the  following  sections  and  paragraphs  of  sections  of  RSA  by  striking 
therefrom  the  word  "cotmission"  when  used  in  reference  to  the  New  Hampshire 
commission  of  eminent  domain  and  inserting  in  place  thereof  the  following 
(board)  so  that  the  same  as  amended  shall  refer  to  the  board  of  tax  and 
land  appeals:  RSA  498-A:3,  RSA  498-A:4,  Ill(a),  RSA  498-A:5,  I  and  III, 
RSA  498-A:3,  I,  RSA  498-A:9-a,  I  and  V,  RSA  498-A:10,  RSA  498-A:ll,  RSA 
493-A:15,  RSA  498-A:16,  RSA  498-A:16-a,  RSA  498-A:17,  RSA  498-A:l8,  RSA 
498-A:19,  RSA  498-A:20,  RSA  498-A:21,  RSA  498-A:22,  RSA  498-A:23,  RSA 
498-A:24,  RSA  498-A:2'>,  RSA  498-A:26,  RSA  498-A:26-a,  RSA  498-A:27  and  RSA 
498-A:31. 

82  BoarJ  of  Tax  and  Land  Appeals;  Reference  Changed.  Amend  RSA 
498-A:21,  I  (supp)  as  inserted  by  1971,  526:1  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the  following: 

I.  The  board  shall  keep  an  accurate  record  of  its  cost  of  operation, 
including  the  salaries  and  expenses  of  the  members  of  the  board  and  board 
personnel,  and  shall  determine  the  portion  thereof  attributable  to  each 
condemnor  having  proceedings  before  the  board. 

83  Board  of  Tax  and  Land  Appeals;  Reference  Changed.  Amend  RSA  6:12, 
I(i)  (supp)  as  inserted  by  1981,  493:19  by  striking  out  said  subparagraph 
and  inserting  in  place  thereof  the  following: 


HOUSE  JOURNAL  9JUN82  729 


(i)   Ninety  percent  of  the  filing  fees  collected  by  the  board  of 
tax  and  land  appeals  under  RSA  498-A  shall  be  credited  to  the  highway  fund; 

84  Board  of  Tax  and  Land  Appeals;  Reference  to  Conanission  Changed. 
Amend  RSA  228:60-a,  V  as  inserted  by  1981,  568:55  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the  following: 

V.  Any  and  all  reversionary  rights  in  railroad  rights-of-way 
acquired  by  the  commissioner  by  purchase,  condemnation  or  otherwise  are 
hereby  declared  extinguished  as  of  the  date  of  acquisition.  Any  person 
damaged  thereby  may  make  claim  by  petition  against  the  commissioner  to  the 
appropriate  superior  court  within  2  years  of  the  date  of  acquisition.  The 
petition  shall  then  be  referred  to  the  board  of  tax  and  land  appeals,  which 
shall  proceed  as  with  a  condemnation  under  RSA  498-A.  The  right  to  appeal 
contained  in  RSA  498-A:27  shall  be  available  to  the  claimant  or  the 
commissioner. 

85  Board  of  Tax  and  Land  Appeals;  Repeal.  The  following  sections  are 
hereby  repealed: 

I.  RSA  498-A: 13  relative  to  the  eminent  domain  commission; 

II.  RSA  498-A: 14  relative  to  procedures  of  the  eminent  domain 
conmiission; 

III.  RSA  76:17  relative  to  review  of  a  decision  of  the  board  of 
taxation  by  the  superior  court. 

36  Board  of  Tax  and  Land  Appeals;  Salaries.  Amend  RSA  94:l-a,  I  (supp) 
as  inserted  by  1969,  500:12  as  amended  by  striking  out  in  group  L,  "Board 
of  taxation,  members"  and.  inserting  in  place  thereof  the  following  (Board 
of  tax  and  land  appeals,  members). 


730  HOUSE  JOURNAL  9JUN82 


87  S.ilarios  Stricken.  Amend  RSA  94:l-a,  IT  (supp)  as  amended  by 
striking  out  "Eminent  domain  coramissioners-13, 576",  and  "Eminent  domain 
commission,  chairman-14,807". 

88  Board  of  Tax  and  Land  Appeals;  Transfer  of  Records,  Equipment, 
Personnel,  etc.  All  of  the  appropriations  for,  and  rights,  obligations, 
duties,  pov;ers,  supplies,  records,  classified  personnel  and  equipment  of 
the  board  of  taxation  and  the  New  Hampshire  eminent  domain  commission  are 
heraby  transferred  to  the  board  of  tax  and  land  appeals  established  by  this 
act. 

89  Board  of  Tax  and  Land  Appeals;  Authority  to  Conform  Laws.  The 
director  of  legislative  services  is  hereby  authorized,  with  the  approval  of 
the  speaker  of  the  house  and  the  president  of  the  senate,  to  make  changes 
in  the  printed  version  of  all  laws  enacted  by  the  1982  special  session  of 
the  general  court  that  may  be  necessary  for  the  purpose  of  conforming  the 
language  of  such  legislation  to  the  language  of  this  act,  providing  that  no 
sjbsCantive  changes  may  thereby  be  made.  Such  authority  shall  expire  upon 
the  printing  of  the  1982  special  session  laws. 

90  Board  of  Tax  and  Land  Appeals;  Construction  of  Citations  in  Lav/s. 
Wlierever  words  appear  in  the  statutes  which  refer  to  the  New  Hampshire 
eminent  domain  commission  or  the  board  of  taxation  and  such  words  have  not 
been  amended  by  the  provisions  of  this  act,  they  shall  be  construed  as 
applying  to  the  board  of  tax  and  land  appeals  created  by  this  act. 

91  Board  of  Tax  and  Land  Appeals;  Termination  of  Commissioners  and 
Uoard  Members.  The  terms  of  all  men±>ers  of  the  New  Hampshire  eminent 
doonaia  commission  and  the  board  of  taxation  shall  expire  on  December  30, 
1982. 


HOUSE  JOURNAL  9JUN82  731 


92  Board  of  Tax  and  Land  Appeals;  Sunset  Termination  Date.  The  board 
of  tax  and  land  appeals  established  by  this  act  shall  terminate  on  July  1, 
1987,  pursuant  to  RSA  17-G. 

93  Gross  Business  Profits  Definition  Amended.  Amend  RSA  77-A:l,  Ill(a) 
(supp)  as  inserted  by  1970,  5:1  as  amended  by  striking  out  said 
subparagraph  and  inserting  in  place  thereof  the  following: 

(a)  In  the  case  of  a  corporation  or  any  other  business 
organization  required  to  make  and  file  a  United  States  corporation  income 
tax  return,  or  in  the  case  of  a  corporation  which  does  not  make  and  file  a 
separate  United  States  corporation  income  tax  return  for  itself  because  it 
is  a  raember  of  an  affiliated  group  pursuant  to  the  provisions  of  chapter  6 
of  the  United  States  Internal  Revenue  Code  (1954)  as  amended,  or  in  the 
case  of  a  corporation  which  elects  treatment  as  a  small  business 
corporation  under  the  United  States  Internal  Revenue  Code  (1954)  as 
amended,  the  amount  shown  or  which  would  be  shown  as  taxable  income  before 
net  operating  loss  deduction  and  special  deductions  on  such  return, 
increased  by  any  deduction  taken  on  such  return  for  a  net  income  tax,  a 
franchise  tax  measured  by  net  income,  a  capital  stock  tax  assessed  by  any 
state  or  political  subdivision,  and  any  United  States  Internal  Revenue  Code 
(1954)  section  337,  as  amended,  gains  for  plans  of  liquidation  adopted 
after  June  30,  1981  and  reduced  by  the  adjustment  required  by  United  States 
Internal  Revenue  Code  (1954)  section  280C  as  amended. 

94  Interest  and  Dividends  Revenue.  Amend  RSA  77:34  (supp)  as  amended 
by  striking  out  said  section  and  inserting  in  place  thereof  the  following: 


732  HOUSE  JOURNAL  9JUN82 


77:34  Distribution.  The  revenue  collected  pursuant  to  this  chapter, 
including  any  interest  and  penalties  collected  thereon,  shall  be  forthwith 
paid  into  the  general  fund.  A  sum  equal  to  50  percent  of  the  distribution 
made  to  cities  and  towns  in  fiscal  year  1980  pursuant  to  this  chapter  shall 
be  distributed  on  September  1,  1982,  and  each  fiscal  year  thereafter  on 
September  1  so  long  as  the  interest  and  dividends  tax  remains  in  effect.  A 
sum  sufficient  to  make  the  distribution  provided  for  herein  is  hereby 
appropriated  for  each  year  such  distribution  is  to  be  made.  The  governor 
i"?  authorized  to  draw  his  warrants  for  said  sum  out  any  money  in  the 
treasury  not  otherwise  appropriated. 

95  Compensation  of  Operators  for  Keeping  Records.  Amend  RSA  78-A:7  by 
inserting  after  paragraph  II  the  following  new  paragraph: 

III.  To  compensate  operators  for  keeping  the  prescribed  records  and 
the  proper  account  and  remitting  of  taxes  by  them,  operators  are  allowed  to 
retain  3  percent  of  the  taxes  due  and  to  be  remitted,  but  not  exceeding  the 
amount  of  tax  found  to  be  due,  if  remitted  before  the  eleventh  day  of  the 
r.ionth  in  which  they  are  due. 

95  Setting  Interest  Rate.  Amend  RSA  71-A:11  by  inserting  after 
paragraph  XII  the  following  new  paragraph: 

XIII.  Interest.  To  determine  and  announce  the  interest  rate  to  be 
paid  on  any  tax  imposed  and  administered  by  the  state  under  this  title, 
excluding  interest  charged  on  unpaid  public  taxes  collected  under  RSA 
76:13.  The  interest  rate  to  be  paid  shall  be  the  current  rate  assessed  by 
the   Unit'id  States  Internal  Revenue  Service. 


HOUSE  JOURNAL  9JUN82  733 


97  Interest  on  Underpayment  of  Estimated  Tax;  Change  in  Method  of 
Calculation.  Amend  the  unnumbered  introductory  paragraph  of  RSA  71-A:37 
(supp)  as  inserted  by  1975,  439:3  as  amended  by  striking  out  said  paragraph 
and  inserting  in  place  thereof  the  following: 

Any  taxpayer  who  is  specifically  required  by  statute  to  pay  taxes  on  an 
estimated  basis  and  whose  payments  are  determined  to  be  less  than  80 
percent  of  the  total  taxes  due  shall  pay  an  addition  to  tax  computed  at  the 
rate  determined  by  the  commissioner  under  RSA  71-A:11,  XIII,  from  the  due 
date  of  the  installment  to  the  due  date  of  the  return  or  the  date  of 
payment,  whichever  is  earlier.  This  addition  is  computed  on  the  amount  by 
which  the  actual  installment  payment  is  less  than  80  percent,  when 
annualized,  of  the  installment  which  would  have  been  necessary  to  pay  an 
installment  based  on  the  actual  taxes  due  for  the  year.  An  underpayment  is 
the  difference  between  the  amount  of  estimated  tax  actually  paid  by  a 
business  organization  and  80  percent  of  the  payment  that  would  have  been 
due  if  estimated  taxes  had  been  actually  determined.  The  80  percent  test 
-applies  to  each  installment  payment.  No  addition  to  the  tax  will  be  made 
for  underpayment  of  an  installment  of  estimated  tax  if: 

98  Amount  of  Interest  on  Reassessment;  Interest  and  Dividends.  AmenS 
RSA  77:24  (supp)  as  amended  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following: 

77:24  Reassessment  by  Department  of  Revenue  Administration.  The 
departraent  of  revenue  administration  shall  reassess  the  amount  of  the  tax 
in  every  case  where  it  appears  in  the  examination  of  the  returns  that  the 
amount  paid  is  either  higher  or  lower  than  the  actual   tax  due.   The 


734  HOUSE  JOURNAL  9JUN82 


department  shall  notify  the  taxpayer  of  any  corrections  made.  In  the  event 
that  the  department  of  revenue  administration  determines  a  deficiency,  the 
araount  of  said  deficiency  and  interest  at  the  rate  determined  by  the 
commissioner  under  RSA  71-A:11,  XIII  from  the  original  due  date  shall  be 
forwarded  by  the  taxpayer  to  the  department  of  revenue  administration 
within  15  days  from  the  date  of  the  required  notice.  In  the  event  the 
reassessment  results  in  a  determination  of  overpayment,  the  araount  of  the 
exoess  shall  be  repaid  to  the  taxpayer  in  the  manner  provided  by  RSA 
77:27.  All  assessments  made  under  this  section  shall  be  subject  to  the 
sarae  right  of  appeal  as  provided  in  RSA  77:25,  and  nothing  in  this  section 
shall  be  construed  to  limit  the  power  of  the  commissioner  of  revenue 
administration  to  make  a  later  assessment  under  RSA  71-A:34  and  to  seek 
penalties  for  fraudulent  returns  as  provided  by  RSA  77:30. 

99  Interest  Rate  Changed;  Business  Profits.  Amend  RSA  77-A:7-a  (supp) 
as  inserted  by  1975,  439:29  as  amended  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

77-A:7-a  Interest.  Any  business  organization  which  fails  to  make 
payment  ^^en  due  shall  pay  interest  computed  at  the  rate  determined  by  the 
commissioner  under  RSA  71-A:11,  XIII  from  the  prescribed  payment  date  to 
the  date  payment  is  actually  made. 

100  Extension  of  Time  for  Business  Profits  Tax  Returns;  Interest  Rate 
Changed.  Amend  RSA  77-A:9  (supp)  as  inserted  by  1970,  5:1  as  amended  by 
striking  out  saiil  section  and  inserting  in  place  thereof  the  following: 


HOUSE  JOURNAL  9JUN82  735 


77-A:9  Extension  of  Time  for  Returns.  For  good  cause,  the  commissioner 
nay  extend  the  time  within  which  a  taxpayer  is  required  to  file  a  return, 
and  if  such  return  is  filed  during  the  period  of  extension  no  penalty  or 
late  payment  charge  may  be  imposed  for  failure  to  file  the  return  at  the 
time  required  hy  this  chapter,  hut  the  taxpayer  shall  be  liable  for 
interest  at  the  rate  determined  by  the  commissioner  under  RSA  71-A:11,  XIII 
on  payments  not  made  vrhen  they  otherwise  would  be  due  but  for  the  grant  of 
extension. 

101  Adjustment  in  Business  Profits  Tax;  Qiange  in  Interest  Rate.  Amend 
RSA  77-A:13,  III  (supp)  as  inserted  by  1970,  5:1  as  amended  by  striking  out 
said  paragraph  and  inserting  in  place  thereof  the  following: 

III.  After  hearing,  if  requested  hy  the  taxpayer,  the  commissioner 
shall  affirm  or  shall  increase  or  decrease  the  tax  theretofore  assessed. 
Any  increase  ordered  by  the  commissioner  shall  be  assessed  against  the 
taxpayer  and  shall  carry  interest  at  the  rate  determined  by  the 
commissioner  under  RSA  71-A:11,  XIII  from  the  date  originally  due.  Any 
decrease  ordered  by  the  commissioner  shall,  with  interest  pursuant  to  RSA 
71 -A:  39  from  the  date  the  tax  was  paid,  be  credited  against  any  unpaid  tax 
then  due  from  the  taxpayer  and  any  balance  due  the  taxpayer  shall  be 
certified  to  the  state  treasurer  who  shall  pay  the  balance  to  the 
taxpayer.  Such  credit  and  payment  together  may  not  exceed  the  amount  of 
the  tax  originally  paid. 

102  Tobacco  Tax  Stamps;  Interest  Rate.  Amend  RSA  78:9,  II  (supp)  as 
inserted  hy  1977,  200:2  as  amended  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following: 


736  HOUSE  JOURNAL  9JUN82 


II.  Any  manufacturer,  wholesaler,  sub-jobber,  vending  machine 
operator,  or  retailer  who  fails  to  pay  any  amount  owing  to  the  purchase  of 
stamps  or  meter-registered  settings  within  the  time  required  shall  pay,  in 
addition  to  the  amount,  interest  at  the  rate  determined  by  the  commissioner 
under  RSA  71-A:11,  XIII  from  the  date  on  which  the  amount  becomes  due  and 
payable  until  the  date  of  payment. 

103  Rooms  and  Meals  Tax  Interest;  Change  in  Rate.  Amend  RSA  78-A:16 
(supp^  as  inserted  by  1967,  213:1  as  amended  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following: 

78-A:l'>  Interest.  Any  person  who  fails  to  pay  any  tax  imposed  by  this 
chapter  on  or  before  the  date  when  the  tax  is  required  to  be  paid  shall  pay 
interest  on  the  tax  at  the  rate  determined  by  the  commissioner  under  RSA 
71-A:1I,  XIII  if  the  tax  remains  unpaid,  to  be  calculated  from  the  date  the 
tax  was  required  to  be  paid.  All  interest  is  payable  to  and  recoverable  by 
the  commissioner  of  revenue  administration  in  the  same  manner  as  is  the  tax 
imposefl  by  this  chapter.  For  a  reasonable  cause  the  commissioner  may  abate 
all  or  any  part  of  the  interest. 

104  Petroleum  Products  Tax  Adjustments;  Change  in  Interest  Rate.  Amend 
RSA  78-C:7,  III  (supp)  as  inserted  by  197A,  39:4  as  amended  by  striking  out 
said  paragraph  and  inserting  in  place  thereof  the  following: 

III.  After  hearing,  if  requested  by  the  taxpayer,  the  commissioner 
shall  affirm  or  shall  increase  or  decrease  the  tax  heretofore  assessed. 
Any  increase  ordered  by  the  commissioner  shall  be  assessed  against  the 
taxpayer  and  shall  carry  interest  at  the  rate  determined  by  the 
commissioner  under  RSA  71-A:11,  XIII  from  the  date  originally  due.   Any 


HOUSE  JOURNAL  9JUN82  737 


decrease  orHered  Hv  the  commissioner  shall,  with  interest  pursuant  to  RSA 
71-A:39  from  the  date  the  tax  was  paid,  he  credited  against  any  unpaid  tax 
Chen  due  from  the  taxpayer  and  any  balance  due  the  taxpayer  shall  be 
certified  to  the  state  treasurer  who  shall  pay  the  balance  to  the  taxpayer, 
hut  such  credit  and  payment  together  may  not  exceed  the  amount  of  the  tax 
or ) gina 1  ly  pa  id. 

105  Railroads  and  Utility  Tax  Interest;  Change  in  Rate.  Amend  RSA 
82:23  (supp)  as  amended  by  striking  out  said  section  and  inserting  in  place 
thereof  Che  following: 

82:23  Interest.  If  any  tax  is  not  paid  when  due,  interest  at  the  rate 
determined  by  the  commissioner  of  revenue  administration  under  RSA  71-A:11, 
XIII  shall  be  added  to  the  tax  from  that  date  until  the  time  of  payment. 

106  Franchise  Tax  Interest;  Change  in  Rate.  Amend  RSA  83-8:18  (supp) 
as  amended  hy  striking  out  said  section  and  inserting  in  place  thereof  the 
fo 1  lowing: 

83-B:18  Interest.  If  any  tax  or  addition  to  tax  under  RSA  83-B:13  is 
not  paid  when  due,  inCeresC  aC  Che  race  deCermined  hy  che  commissioner 
under  RSA  71-A:11,  XIII  shall  be  added  to  it  from  the  date  due  until  the 
time  of  payment. 

107  Bank  Tax  Interest;  Change  in  Rate.  Amend  RSA  84:19  (supp)  as 
amended  hy  striking  out  said  section  and  inserting  in  place  thereof  the 
followi  ng : 

8^:19  Interest.  If  any  such  corporation  shall  not  pay  its  taxes  when 
due,  it  shall  pav  inceresC  on  such  Caxes  aC  the  rate  determined  by  the 
commissioner  under  RSA  71-A:11,  XIII  from  the  date  the  taxes  are  due  until 
the  dare  they  are  actually  paid. 


738  HOUSE  JOURNAL  9JUN82 


108  Legacy  and  Succession  Tax  Interest;  Change  in  Rate.  Amend  RSA 
86:56  fsupp)  as  amended  by  striking  out  said  section  and  inserting  in  place 
thereof    the    following: 

86:55  Interest.  If  the  taxes  are  not  paid  when  due,  interest  shall  be 
paid  at  the  rate  determined  by  the  commissioner  under  RSA  71-A:11,  XIII 
from    the    time    the    taxes    are    due    until    the    time    they    are    actually    paid. 

109  Transfer  Tax  Interest;  Change  in  Rate.  Amend  RSA  89:17  (supp)  as 
amended  by  striking  out  said  section  and  inserting  in  place  thereof  Che 
fo  11  CTi^ing: 

89:17  When  Due  and  Payable;  Transfers  Before  Death.  The  taxes  upon 
transfers  made  before  death  shall  be  due  upon  the  death  of  the  grantor  or 
donor.  If  they  are  not  paid  within  15  months  such  taxes  shall  be  subject 
to  interest  at  the  rate  determined  by  the  commissioner  under  RSA  71-A:11, 
XIII,    after    the   expiration   of   the   period,    until    paid. 

110  Reduction  of  3  Percent.  Amend  1981,  568:102  by  striking  out  said 
section    and    inserting    in   place    thereof    the    following: 

568:102  Reduction.  Every        department       or        agency        to       which        an 

appropriation  is  made  jMirsuant  to  section  1  of  this  act  which  contains  a 
class  line  for  personnel  services  is  hereby  authorized  and  directed  to 
reduce  its  expenditures  for  fiscal  years  1982  and  1983  by  an  amount  equal 
to  3  percent  of  the  amount  in  said  class  line  for  personnel  services  and 
•said  amount  shall  lapse  excluding,  however,  the  departments  affected  by 
section    568:145. 

111  Additional  Reduction.  Amend  1981,  568:161  by  striking  out  said 
section    and    inserting    in    place    thereof    the    following: 


HOUSE  JOURNAL  9JUN82  739 


568:161  Additional  Reduction.  In  addition  to  any  other  reduction 
provided  for  in  this  act,  every  department  or  agency  to  w<iich  an 
appropriation  is  made  pursuant  to  section  1  of  this  act  which  contains  a 
class  line  for  personnel  services  is  hereby  authorized  and  directed  to 
reduce  its  expenditures  for  fiscal  years  1982  and  1983  by  an  amount  equal 
to  7  percent  of  the  amount  in  said  class  line  for  personnel  services  and 
said  amount  shall  lapse  excluding,  however,  the  departments  affected  by 
section    568:1A5. 

112   Equipment  Fund. 

1.  Notwithstanding  any  other  provision  of  lav;,  anv  department  as 
lefined  in  RSA  9:1,  except  the  division  of  mental  health  and  development 
services  ''PAU  05,03,05)  and  Laconia  state  school  and  training  center  (PAU 
05,03,06),  proposing  to  purchase  any  new  equipment  or  to  replace  any 
existing  equipment  except  motor  vehicles  with  new  equipment  shall  submit  a 
request  to  a  committee  composed  of  the  comptroller,  the  director  of 
purchase  and  property  and  a  person  designated  by  the  governor.  The 
committee  may  approve  or  disapprove  any  such  requests  provided  that  it 
shall  notify  each  department  of  the  reason  for  its  disapproval  of  any 
application.  No  such  department  may  purchase  equipment  if  the  committee 
established  herein  disapproves.  If  the  committee  finds  that  failure  of  the 
department  to  purchase  equipment  or  to  replace  equipment  would  result  in  a 
severe  hardship  to  the  department  and  that  the  department  would  be  unable 
to  perform  its  normal  functions,  the  committee  may  authorize  the  department 
to  purchase  the  equipment.  If  the  department  is  so  authorized,  it  shall 
make  such  transfers  within  its  budget  as  may  be  possible  for  the  purchase 


740  HOUSE  JOURNAL  9JUN82 


of  the  equipment.  If  no  transfer  of  funds  is  available,  the  chief 
executive  of  the  department  shall  submit  a  request  to  the  fiscal  committee 
for  approval  to  expend  a  portion  of  the  appropriation  in  paragraph  II  of 
this  section  for  the  purchase  of  the  equipment.  If  the  fiscal  committee 
approves  tlie  request,  the  chief  executive  of  the  department  shall  request 
the  governor  and  council  for  the  authority  to  expend  a  portion  of  the 
appropriation  in  paragraph  II  for  the  purchase  of  the  equipment  as 
requested    by    the   department. 

II.  There  is  hereby  appropriated  for  the  fiscal  year  ending  June  30, 
1983,  the  sum  of  $200,000  to  be  expended  by  the  governor  and  council  for 
the  purchase  of  equipment  approved  pursuant  to  paragraph  I  of  this 
section.  The  sum  hereby  appropriated  shall  not  be  transferred  or  expended 
for  any  other  purpose.  The  governor  is  authorized  to  draw  his  warrant  for 
said  sum  out  of  any  money  in  the  treasury  not  otherwise  appropriated.  In 
addition,  there  is  hereby  appropriated  for  the  purchase  of  equipment 
approved  pursuant  to  paragraph  I  of  this  section  by  non-general  fund 
departments  such  sums  as  may  be  necessary.  The  governor  is  authorized  to 
draw  his  warrant  for  said  sums  which  shall  be  a  charge  against  the  fish  and 
game    fund,    the   highway    fund   or   other   appropriate    special    fund. 

113  Federal  Reimbursement  Review.  The  governor  and  council  are  hereby 
authorized  to  enter  into  a  contract  with  Touche  Ross  and  Company  to  conduct 
a  statewide  review  of  federal  reimbursements  and  indirect  costs  in  order  to 
maximize  claims  for  allowable  federal  support.  The  contractual  agreement 
shall  allow  the  governor  and  council  to  establish  a  fee  schedule  for  Touche 
Ross  and  Company  based  on  the  amount  of  increased  federal  reimbursements 
the    company   obtains    for    the    state. 


HOUSE  JOURNAL  9JUN82  741 


llA  Annual  Fee  for  Issuer  Of  Open-End  Mutual  Funds.  Amend  RSA  A21-B:31 
by  inserting  after  paragraph  II  the  following  new  paragraph: 

III.  The  annual  fee  for  an  issuer  of  open-end  mutual  funds,  to  be 
paid  to  the  commissioner  on  or  before  May  1  of  each  year,  shall  be  $1,000. 
In  calendar  year  1982,  such  fee  shall  be  paid  on  or  before  July  1,  1982. 

115  Examination,  Exemption  and  Registration  Fees.  Amend  RSA  421-B:31, 
I  by  inserting  after  subparagraph  (d)  the  following  new  subparagraphs: 

'^e)   Examination  fee  for  open  end  mutual  funds        $1,000 

(f)   Filing  fee  for  RSA  421-B:17,  II  (h)  exemption      $300 

fg)   Registration  fee  for  securities 

offered  in  this  state  one  tenth  of  one  percent  of 

the  offering  value  of  the 
issue  provided  said  fee 
shall  not  be  more  than  $1050 

116  Wetlands  Board.  Amend  RSA  483-A:l-c,  I  (supp)  as  inserted  by  1979, 
392:1  by  striking  out  said  paragraph  and  inserting  in  place  thereof  the 
fo  1  lowing: 

T.  There  is  hereby  established  a  wetlands  board  for  the  purpose  of 
carrying  out  the  provisions  of  law  conferring  on  the  water  resources  board 
authority  to  decide  matters  relative  to  resources  of  the  state,  including 
but  not  limited  to  excavating,  dredging  and  filling  waters  of  the  state. 
Appointees  and  officials  shall  have  voting  rights  as  members  of  the 
wetlands  board;  provided,  however,  that  nothing  herein  shall  be  construed 
as  affecting  other  duties  of  the  water  resources  board  with  reference  to 
dams,  water  levels  and  administration  of  the  department.  The  wetlands 
board  shall  be  composed  of  the  following: 


742  HOUSE  JOURNAL  9JUN82 


fa)  The  executive  director  of  the  department  of  fish  and  game  or 
h  is    designee ; 

(h)  The  commissioner  of  the  department  of  public  works  and 
highways   or   his    designee; 

(c)  The  commissioner  of  the  department  of  resources  and  economic 
development    or   his    designee; 

(d)  The   director   of   the   office   of  state   planning   or  his   designee; 

(e)  The  executive  director  of  the  water  supply  and  pollution 
control    comnission   or   his   designee; 

( f )  The   comnissioner   of   the    department    of   safety    or    his    designee; 
fg)      The    chairman   of   the   water    resources   hoard    or  his    designee;    and 
(h)      2   members    of    the    public    appointed    by    the    governor    and    council 

for  a  terra  of  3  years  or  until  a  successor  is  chosen.  One  of  these  shall 
be  a  member  of  a  municipal  conservation  commission  at  the  time  of 
appointment,  and  one  shall  be  an  elected  municipal  official  at  the  time  of 
appointment.  The  2  members  appointed  under  this  subparagraph  shall  be 
entitled    to   expenses    as   may   be    authorized    by    governor    and    council. 

117  Appointees  to  Wetlands  Board.  Notwithstanding  the  provisions  of 
RSA  483-A:l-c,  I,  the  2  public  members  who  represent  the  interests  of 
municipal  conservation  commissions  and  elected  municipal  officials  shall 
remain  in  office  until  their  original  terms  expire  and  until  successors  are 
appointed    and    qualified. 

1 1 B      Repea  1 . 

I.    1981,   568:38,   relative   to   changes   in   business   profits   tax 
d istr iSut ion,  scheduled  to  take  effect  on  July  1,  1984,  is  hereby  repealed. 


HOUSE  JOURNAL  9JUN82  743 


II.   1981,  568:/»0,  relative  to  comitmnity  living  facilities,  is  hereby 
reppa 1 ed. 

119  Fees  for  Publications.  Notwithstanding  any  other  provision  of  the 
law,  all  state  agencies  are  hereby  authorized  to  establish  and  collect  fees 
for  publications  they  produce  and  disseminate.  Fees  collected  under 
authority  of  this  section  and  under  any  other  provision  of  law  relating  to 
fees  for  publications  shall  be  returned  to  the  general  fund  and  shall  not 
inure  to  the  account  of  the  agency  preparing  and  distributing  said 
publ icat  ions • 

120  State  Contribution.  Amend  RSA  1A9-B:1  (supp)  as  inserted  by  1959, 
267:1  as  amended  by  striking  out  said  section  and  inserting  in  place 
thereof  the  followin?;: 

149-B:1  State  Contributions.  The  state  of  New  Hampshire  shall,  in 
addition  to  any  federal  grant  made  available  under  the  provisions  of  the 
Clean  Water  Act  of  1977  (or  subsequent  amendments  thereof),  pay  annually  20 
percent  of  the  annual  amortization  charges,  meaning  principal  and  interest, 
on  the  original  costs  resulting  from  the  acquisition  and  construction  of 
sewage  disposal  facilities  by  municipalities  (meaning  counties,  cities, 
towns,  or  village  districts),  in  accordance  with  RSA  1A8:25,  RSA  149:4,  IX, 
and  RSA  149:4,  XIII,  for  the  control  of  water  pollution.  The  word 
construction  shall  include  engineering  services,  in  addition  to  the 
construction  of  new  sev/age  treatment  plants,  pumping  stations  and 
intercepting  sewers;  the  altering,  improving  or  adding  to  existing 
treatment  plants.  Dumping  stations  and  intercepting  sewers;  provided  the 
construction  has  been  directed  by  the  water  supply  and  pollution  control 


744  HOUSE  JOURNAL  9JUN82 


contnission,  or  constitutes  a  voluntary  undertakinj?  designed  to  control  or 
reduce  pollution  in  the  surface  waters  of  the  state  as  defined  in  RSA 
1^9:1,  and  the  plan  therefor  is  approved  in  compliance  with  the  provisions 
of  RSA  148:25,  RSA  149:4,  IX,  and  RSA  149:4,  XIII.  The  term  "original 
costs"  as  used  in  this  section  shall  mean  the  entire  cost  of  the 
construction  of  treatment  plants,  pumping  stations  and  intercepting  sewers 
as  defined  in  the  Clean  Water  Act  of  1977. 

121  Assessment  of  Applicant.  Amend  RSA  162-F:7,  V  as  inserted  by  1971, 
357:1  as  amended  by  inserting  in  line  6  after  the  word  "commission."  the 
following  (The  committee  and  the  commission  are  further  authorized  to 
assess  the  applicant  for  all  travel  and  other  expenses  associated  with  the 
processing  of  an  application  under  this  chapter.)  so  that  said  paragraph  as 
amended  shall  read  as  follows: 

V.  The  site  evaluation  committee  and  the  commission  shall  jointly 
conduct  such  reasonable  studies  and  investigations  as  they  deem  necessary 
or  appropriate  to  carry  out  the  purposes  of  this  chapter  and  may  employ  a 
consultant  or  consultants,  legal  counsel  and  other  staff  in  furtherance  of 
the  duties  imposed  by  this  chapter,  the  cost  of  which  shall  be  borne  by  the 
applicants  in  such  amount  as  may  be  approved  by  the  commission.  The 
committee  and  the  conmission  are  further  authorized  to  assess  the  applicant 
for  all  travel  and  other  expenses  associated  with  the  processing  of  an 
application  under  this  chapter. 

122  Assessment  of  Applicant.  Amend  RSA  162-H:8,  III  as  inserted  by 
1974,  39:3  by  inserting  in  line  10  after  the  word  "committee."  the 
following  (The  committee  is  further  authorized  to  assess  the  applicant  for 


HOUSE  JOURNAL  9JUN82  745 


all  travel  and  other  expenses  associated  with  the  processing  of  an 
application  under  this  chapter.")  so  that  said  paragraph  as  amended  shall 
read  as  follows: 

III.  The  comnittee  may  require  such  information  from  the  applicant 
and  state  agencies  and  officials  as  it  deems  necessary  to  assist  it  in  the 
conduct  of  hearings  and  in  making  any  investigation  or  studies  it  may 
undertake  and  in  the  determination  of  the  terms  and  conditions  of  any 
permit  under  consideration.  The  committee  shall  conduct  such  reasonable 
studies  and  invest  i,<>ati  ons  as  it  deems  necessary  or  appropriate  to  carry 
out  the  purposes  of  this  chapter  and  may  employ  consultants,  legal  counsel 
and  other  staff  in  furtherance  of  the  duties  imposed  by  this  chapter,  the 
cost  of  which  shall  be  borne  by  the  applicant  in  such  amount  as  may  be 
approved  by  the  committee.  The  committee  is  further  authorized  to  assess 
the  applicant  for  all  travel  and  other  expenses  associated  with  the 
processing  of  an  application  under  this  chapter. 

123  Non-Lapsing  Funds;  Secretary  of  State.  Notwithstanding  any  other 
provision  of  law,  the  funds  appropriated  in  1981,  568:1,  as  amended  by  this 
act,  for  PAU  01,07,02  (secretary  of  state,  elections  division)  shall  not 
lapse  until  June  30,  1983. 

12A  State  Police  Barracks  Named.  The  state  police  barracks  for  troop  E 
under  construction  in  Tamworth  are  hereby  named  in  honor  of  Kenneth  M. 
Hayes. 

125  Appropriation,  Hunter-Safety  Equipment.  In  addition  to  any  other 
appropriation  made  to  the  department  of  fish  and  game  for  the  bienniuro 
ending  June  30,  1983,  the  sum  of  $21,7A3  is  hereby  appropriated  to  said 


746  HOUSE  JOURNAL  9JUN82 


department  for  the  purchase  of  videotape  equipment  to  be  used  in  the 
huntpr-safety  training  program.  $5,436  of  this  appropriation  is  from  the 
fish  and  p.ame  fund  and  $16,307  is  from  federal  funds.  The  governor  is 
authorized    to    draw  his    warrants    for    said    funds. 

126  Fish  and  Game  Promotional  Sales.  The  proceeds  of  the  sale  of 
T-shirts  and  caps  to  promote  the  new  super  sportsman  license  made  by  the 
information  and  education  division,  department  of  fish  and  game,  shall  be 
d3  osited  in  the  class  20  account  of  the  fish  and  game  fund.  With  the 
approval  of  the  executive  director  of  the  department  of  fish  and  game, 
further  expenditure  of  funds  from  this  class  20  account  to  purchase 
additional  promotional  supplies,  as  may  be  needed,  is  hereby  authorized, 
and    such    funds    are    here'iy    appropriated. 

127  Appropriation  Restricted.  Of  the  amount  appropriated  in  PAU 
01,04,02,  there  shall  he  $28,500  in  fiscal  year  1982  and  $28,500  in  fiscal 
year    1983    allotted    for    payment    to    the    council    of   state    governments. 

128  Repeal.  RSA  387:25  relative  to  the  list  of  legal  investments  is 
hereby    repealed. 

129  Fees  for  Shipping  Certificates.  Amend  RSA  324-A:7,  III  as  inserted 
hy  1981S,  8:1  by  striking  out  said  paragraph  and  inserting  in  place  thereof 
the    following: 

III.  The  prescribed  fee  for  a  permit  issued  for  each  truck  or 
conveyance  used  by  a  licensed  livestock  dealer  or  for  a  shipping 
certificate    or   both; 

130  Sale  of  Timber;  Nursery  Prices.  The  director  of  the  division  of 
forests  and  lands,  department  of  resources  and  economic  development,  is 
hereby     directed     to     sell     such     timber     and     increase     the     selling     price     of 


HOUSE  JOURNAL  9JUN82  747 


nursery  products  at  the  state  nursery  as  necessary  to  net  $554,600  as 
unrestr  ic  terl  revenue  to  be  deposited  in  the  general  fund.  The  raising  of 
such    revenue    shall    be   accomplished    before    the    end    of    fiscal   year    1983. 

131  Department  of  Fish  and  Game;  Supplemental  Appropriation.  In 
addition  to  any  other  sums  appropriated,  the  sum  of  $77,000  is  hereby 
appropriated  for  the  biennium  ending  June  30,  1983,  to  the  department  of 
fish  and  game  for  the  purchase  of  communications  and  other  equipment 
dealing  with  the  sparch  and  rescue  responsibilities  of  the  department.  All 
equipment  purchased  shall  be  under  the  exclusive  control  of  the  director  of 
fish  and  game.  Tlie  governor  is  authorized  to  draw  his  warrant  for  said  sum 
out    of   any   money    in    the    treasury   not    otherwise    appropriated. 

132  Attorney  General;  Supplemental  Appropriation.  In  addition  to  any 
other  sums  appropriated  to  the  office  of  the  attorney  general,  the  sum  of 
$1,500  is  hereby  appropriated  to  authorize  the  attorney  general  to  settle  a 
claim  '-esulting  from  an  audit  exception  against  the  New  Hampshire  office  of 
employment  and  training.  The  governor  is  authorized  to  draw  his  warrant 
for    said    sums    out    of   any   money    in    the    treasury   not    otherwise    appropriated. 

133  Emergency  Vehicle  Replacement  Amend  1981,  568:13  by  striking  out 
said    sec r i on    and    inserting    in   place    thereof    the    following: 

5C>8:13      Emergency   Appropriation    for   Motor   Vehicle    Replacement. 

I.  It  is  hereby  declared  to  be  the  intent  of  the  general  court  that 
the  mpropr  iat  ion  made  !-iy  section  1  of  this  act  shall  He  sufficient  to  meet 
The  requirements  of  each  department,  institution,  board,  commission  or 
other  ;fgencv  for  motor  vehicles  of  a  gross  vehicle  weight  of  3  tons  or  less 
or      replacements      thereof.        In      the      event,      however,      that     any     department. 


748  HOUSE  JOURNAL  9JUN82 


i  n.s  t  i  Cuci  on,  boarri ,  commission  or  other  agency,  after  consultation  with  the 
director  of  purchase  and  property  and  the  fiscal  committee,  finds  the  cost 
of  repair  to  any  such  motor  vehicle  is  prohibitive  and  that  it  would  cause 
,-\n  extreme  hardship  for  said  department,  institution,  board,  commission  or 
other  agency  to  operate  without  such  motor  vehicle,  the  chief  executive  of 
said  department,  institution,  hoard,  commission  or  other  agencv  shall 
request  the  governor  with  the  approval  of  the  council  for  authority  to 
expend  t)ie  sums  needed  for  replacement  vehicles.  For  the  purposes  of  this 
section,  each  replacement  vehicle  shall  be  a  subcompact  front  wheel  drive 
vehicle,  unless  the  fiscal  committee  determines  upon  application  of  the 
department,  institution,  board,  commission  or  other  agency  that  there  is  a 
clear  .ind  convincing  need  to  replace  such  a  vehicle  with  some  other  type  of 
vehicle.  The  provisions  of  this  section  requiring  each  replacement  vehicle 
to  he  a  compact  or  subcompact  vehicle  shall  not  apply  to  the  department  of 
safety  law  enforcement  traffic  control  vehicles  and  fish  and  game  law 
enforcement  vehicles. 

II.  There  is  hereby  appropriated  for  said  purpose  for  general  fund 
agencies  the  sum  of  $275,000  for  each  year  of  the  biennium  ending  June  30, 
198'?.  The  sums  appropriated  shall  not  be  transferred  or  expended  for  any 
other  purpose.  The  governor  is  authorized  to  draw  his  warrants  for  said 
sums  which  shall  be  a  charge  against  the  general  fund. 

Til.  In  addition  to  the  sums  appropriated  for  said  purpose  in 
paragraph  II,   for  the  fiscal  year  ending  June  30,   1982,  the  governor  is 


HOUSE  JOURNAL  9JUN82  749 


authorized  to  draw  his  warrants  for  any  authorized  replacement  requested  by 
a  fish  and  ?ame,  hiphway,  or  special  fund  agency,  which  shall  be  a  charge 
against    the    appropriate    fund. 

IV.  There  is  hereby  appropriated  for  said  purpose  for  the  fiscal 
year  ending  June  30,  1983,  to  the  department  of  safety,  $525,000;  to  the 
department  of  public  works  and  highways,  $275,000;  and  to  the  fish  and  game 
department,  $110,000.  The  governor  is  authorized  to  draw  his  warrants  for 
authorized  replacement  vehicles  within  the  limitations  of  this  paragraph 
requested  by  a  fish  and  game  or  highway  fund  agency,  which  shall  be  a 
charge  against  the  appropriate  fund.  The  sums  appropriated  shall  not  be 
transferred    or    expended    for    any    other    purpose. 

V.  For  the  fiscal  year  ending  June  30,  1983,  the  governor  is 
authorized  to  draw  his  warrants  for  any  authorized  replacement  requested  by 
a    special    fund    agency,    which    shall    be    a    charge    against    the    appropriate    fund. 

134       Sweepstakes     Tickets.  Amend     1981,      568:105     by     striking     out     said 

section    and    insertins;    in    place    thereof    the    following: 

568:105  Sweepstakes  Commission,  Authority  Granted.  Notwithstanding  any 
other  provision  of  law,  for  the  biennium  ending  June  30,  1983,  in  order  to 
provide  sufficient  funding  to  the  sweepstakes  commission  to  carry  out 
sweepstakes  programs  that  will  provide  funds  for  distribution  in  accordance 
with  RSA  38A:?l-j,  the  commission  shall  apply  to  the  fiscal  committee  of 
the  <?eioral  court  for  approval  of  any  new  sweepstakes  programs  or  for  the 
pnrch.Tse  of  any  tickets  for  new  or  continuing  games.  Additionally,  no 
expenditures  for  consultants  shall  be  contracted  without  prior  approval  by 
the     fiscal     committee.       If    approval     of     any     such     new    program,     purchase     of 


750  HOUSE  JOURNAL  9JUN82 


tickets  or  consulting  services  is  given,  the  commission  may  then  apply  to 
the  fjovernor  and  council  to  transfer  funds  from  the  sweepstakes  revenue 
special  account.  The  total  of  such  transfers  shall  not  exceed  $1,500,000 
for    the    biennium  ending   June    30,    1983. 

135  Appropriation  of  Excess  OHRV  Revenue.  OHRV  registration  fees  in 
excess  of  $281,250  and  special  OHRV  registration  fees  in  excess  of  $50,000 
in  each  year  of  the  1982-1983  biennium  may  be  expended  with  prior  approval 
of  the  f»overnor  and  council.  The  excess  revenue  is  hereby  appropriated  to 
the  fish  and  game  department  and  the  department  of  resources  and  economic 
development  in  the  same  proportion  as  appropriated  in  1981,  568:1,  03,  01, 
OA  for  OHRV  enforcement  and  in  accordance  with  the  provisions  of  RSA 
215-A:23. 

136  Issuing  Agent  Fees.  Amend  RSA  215-A:24  (supp)  as  inserted  by  1981, 
538:3  as  amended  by  striking  out  said  section  and  inserting  in  place 
thereof   the    following: 

215-A:24  Issuing  Agents;  Fees.  If  any  registration  is  issued  for  the 
executive  director  by  one  of  his  duly  authorized  agents  not  on  the  payroll 
of  the  executive  director,  such  agent  shall  collect  from  the  registrant  a 
fee  of  $1  in  addition  to  the  fee  prescribed  by  RSA  215-A:23.  Each 
application  for  registration  of  an  OHRV  shall  have  printed  thereon  the 
words  and  figures,  "agent's  fee  $1."  Such  agent  shall  retain  the 
additional  fee  as  compensation  for  his  services  in  connection  with  the 
issuance   of    such    registration. 

137  Application.  Notwithstanding  the  provisions  of  1981S,  12:8,  all 
issuing    agents    shall    receive    the    fee    provided    in   RSA   215-A:24    as    amended    by 


HOUSE  JOURNAL  9JUN82  751 


this     act      for     evorv     registration      issued     between       March    3,      198?.,      and     the 
effective    riate    of    this    section. 

138  Rulemaking  Authority;  School  Licensing  and  Curriculum.  Amend  RSA 
3I3-A:7,  IX  and  X  (supp)  as  inserted  by  1981,  A86:l  by  stiking  out  said 
paragraphs   and    inserting    In   place    thereof    the    following: 

IX.  Conditions  for  practice  under  temporary  licenses  issued  by  the 
board ; 

X.  Conditions  and  standards  for  operation  under  a  shop  license, 
including    health    and    safety    standards; 

XI.  Licensing    and    approval    of    schools    and    their    curriculum;    and 

XII.  Licensing    and    approval    of   cosmetology    and    barbering    instructors. 

139  License  Required.  Amend  RSA  313-A:8,  II  and  III  (supp)  as  inserted 
l->v  1981,  436:1  by  striking  out  said  paragraphs  and  inserting  in  place 
thereof    the    following: 

II.  Operate  a  barbershop,  salon,  or  school  unless  such  establishment 
is  at  all  times  under  the  direct  supervision  and  management  of  a 
professional    licensed    under    this    chapter; 

III.  Hire  or  employ  any  person  to  engage  in  the  practice  of 
barberin??  or  cosmetology  unless  such  person  then  holds  a  valid  license  or  a 
temporary    permit    issued    by    the   board    to   practice    the    respective    profession; 

IV.  Operate  a  school  unless  it  has  been  licensed  by  the  board  and  is 
oDeratf>d    according    to    rules    adopted    by    the   board;    and 

V.  Engage  in  the  instructing  of  cosmetology  or  barbering  without  the 
appropriate    license    issued    under    this    chapter. 


752  HOUSE  JOURNAL  9JUN82 


140  Expiration  of  Beano  or  Lucky  7  Licenses.  Amend  RSA  287:12  (supp) 
as  inserted  hy  1981,  444:1  by  striking  out  said  section  and  inserting  in 
place    thereof    the    following: 

287:12  Expiration  of  License.  Any  beano  or  lucky  7  license,  except  a 
special  senior  citizens'  beano  license,  shall  expire  on  the  last  day  of  the 
month  for  which  it  was  issued.  A  new  application  shall  be  made  for  each 
license  with  the  commission  having  authority  to  accept  from  lucky  7  clubs 
and    organizations    license    fees    for  up    to    1   year    in  advance. 

141  State  Racing  Coiiinission  Abolished.  RSA  284:6,  relative  to  the 
state    racing    comriiss  ion ,    is    hereby    repealed. 

14?  P.Tri-Mutnel  Comiission.  Amend  RSA  284:6-a  as  inserted  by  1971, 
541:18  by  striking  out  said  section  and  inserting  in  place  thereof  the 
fo 1 1 owi  ng : 

284:6-a      Pari-Mutuel    Commission. 

I.  There  shall  he  a  state  pari-mutuel  commission  consisting  of  6 
members  appointed  hy  the  governor  with  the  advice  and  consent  of  the 
council.  Three  of  the  members  shall  represent  the  interests  of  greyhound 
racing.  Three  of  the  members  shall  represent  the  interests  of  thoroughbred 
horse  racing  and  harness  horse  racing.  Each  member  shall  hold  office  for  a 
term  of  3  years  and  until  his  successor  has  been  appointed  and  qualified. 
Anv  vacancy  shall  be  filled  for  the  unexpired  term.  Annually,  one  member 
shall  he  chosen  chairman  by  the  commission,  and  one  shall  be  chosen  as 
secretary. 


HOUSE  JOURNAL  9JUN82  753 


11.  The  p.Tri -tmituel  commission  shall  assume  thf  powers,  rights, 
duties  and  responsibilities  granted  the  state  racing  coimission  and  the 
state  greyhound  racing  conmission  under  RSA  28A,  and  any  reference  to  the 
state  racing  conmission  or  the  state  greyhound  racing  conmission  in  RSA  28A 
or  other  RSA  cites  shall  he  deemed  to  refer  to  the  New  Hampshire 
par i-mijtue  1  conmission.  The  New  Hampshire  pari-mutuel  conmission  shall,  in 
cnrrving  out  the  purpose  of  this  chapter,  use  the  applicable  provisions  for 
horse    racing    independent   of   the   applicable  provisions    for   dog   racing. 

\^?       Powers     and    Duties    of    State    Racing    Commission    and    Greyhound    Racing 
Conmission        Transferred.  All        of        the         functions,         powers,         duties, 

nppropr i at  ions,  records,  personnel  and  property  of  the  state  racing 
conmission  and  the  state  greyhound  racing  conmission  are  hereby  transferred 
to  and  vested  in  the  New  Hampshire  pari-mutuel  commission.  Wherever 
reference  is  made  in  the  statutes  to  powers  and  duties  of  the  state  racing 
commission  or  the  state  greyhound  racing  conmission  it  shall  henceforth  be 
construed    to   mean    the    New  Hampshire    pari-mutuel    conmission. 

l'»^  Initial  Appointments  to  Commission;  Executive  Directors  Eligible. 
I.  Notwithstanding  the  amendments  to  RSA  284:6-a  made  by  this  act, 
when  the  state  pari-mutuel  conmission  is  first  established,  the  3  greyhound 
conmission  members  shall  serve  on  the  new  conmission  for  the  same  terms  as 
they  held  as  greyhound  conmission  members  and  until  a  succcessor  is 
appointed  and  confirmed  by  the  governor  and  council  and  the  3  racing 
commission  members  shall  serve  on  the  new  commission  for  the  same  terms  as 
r'lev  held  as  racing  commission  members  and  until  a  successor  is  appointed 
and    confirmed    by    the    governor    and    council. 


754  HOUSE  JOURNAL  9JUN82 


II.  NotwithstanH ing  the  provisions  paragraph  I  of  this  section,  both 
the  executive  secretary  of  the  state  racing  conmission  and  the  executive 
director  of  the  greyhound  racing  conmission,  which  agencies  are  replaced  by 
the  New  Hampshire  pari-mutuel  conmission  in  this  act,  shall  be  eligible  for 
appointment  to  the  positions  of  director  and  deputy  director  of  the  New 
Hampshire    pari-mutuel    commission. 

145  Office.  Amend  RSA  284:7  by  striking  out  said  section  and  inserting 
in   place    thereof    the    following: 

2fi4:7  Office.  The  state  pari-mutuel  commission  shall  have  one 
office  in  Concord  and  during  the  time  in  which  racing  is  conducted  in  the 
state    may   maintain   branch    offices    elsewhere. 

146  Racing  Veterinarians.  Amend  RSA  2&4  by  inserting  after  section 
20-b    the    following    new    sections: 

28A:20-c  Veterinarians  Appointed.  There  shall  be  a  veterinarian 
appointed  by  the  commission  at  each  race  or  meet  conducted  under  the 
provisions  of  this  chapter  at  which  pari-mutuel  pools  are  sold.  The 
governor  and  council  shall  approve  a  rate  per  performance  to  be  paid  to 
such  veterinarians.  Said  veterinarians  shall  not  be  eligible  for  state 
fringe  benefits.  Veterinarians  appointed  under  this  section  shall  exercise 
such  powers  and  perform  such  duties  at  each  race  or  meet  as  may  be 
prescribed    by    the    rules    of    the    commission. 

284:20-d  Compensation  of  Veterinarians.  Compensation  of  veterinarians 
per  performance  shall  be  reimbursed  to  the  state  by  the  person,  association 
or    corporation    conducting    a    race    or   meet. 


HOUSE  JOURNAL  9JUN82  755 


147  Payment  of  Veterinarians.  Amend  RSA  28A:18  (supp)  as  amended  by 
strikinj»  out  said  section  and  inserting  in  place  thereof  the  following: 

28''4:18  Rond  of  Licensee.  Every  person,  association,  or  corporation 
licensed  under  the  provisions  of  the  preceding  sections  hereof,  shall, 
before  said  license  is  issued,  give  a  bond  to  the  state  in  such  reasonable 
sum  not  exceeding  $100,000,  as  may  be  fixed  by  the  commission,  with  a 
surety  or  sureties  to  be  approved  by  the  commission,  conditioned  to 
faithfully  make  the  payments  prescribed  hereby,  including  the  compensation 
of  stewards,  veterinarians  or  judges  employed  by  the  state  of  New  Hampshire 
at  any  race  or  meet  and  that  such  reimbursement  shall  include  the 
employe'- 's  share  of  old  age  survivors  insurance  COASI)  taxes,  and  to  keep 
its  books  and  records  and  make  reports  as  herein  provided  and  to  conduct 
its  racing  in  conformity  with  this  chapter  and  with  the  rules  and 
ref;ulations  prescribed  by  the  commission. 

148  Tax  Reduced.  Amend  RSA  284:23,  I  (supp)  as  inserted  by  1957,  122:2 
as  amended  Sy  striking  out  said  paragraph  and  inserting  in  place  thereof 
the  f o ' 1 owi  np : 

I.  Each  person,  association  or  corporation  licensed  to  conduct  a 
running  horse  race  or  running  horse  meet  under  this  chapter  shall  pay  to 
the  state  treasurer  a  sum  of  money  equal  to  one  percent  of  the  total 
contributions  to  all  vn'n,  place  and  show  pari-mutuel  pools,  and  a  sum  of 
monev  equal  to  2  percent  of  the  total  contributions  to  all  other 
pari-mijtiiel  pools  conducted,  made  or  sold  at  any  such  race  or  meet  licensed 
bereunHer.  Of  the  amount"  so  paid  to  the  state  treasurer,  a  sum  equal  to 
1/4  of   one  percent  of  said   total   payments   shall  be  expended   for   the 


756  HOUSE  JOURNAL  9JUN82 


promotion  of  aRriculture  in  the  state  under  the  direction  of  the 
coiTBTiiss  ioner  of  agriculture,  and  the  balance  of  such  payments  shall  be 
distributed    in    accordance   with    the    provisions   of    RSA   284:2. 

149  Tax;  Harness  Horse  Racing.  Amend  RSA  284:23,  11(a)  (supp)  as 
inserted  by  1977,  93:4  as  amended  by  striking  out  said  subparagraph  and 
inserting    in   place    thereof   the    following: 

^a)  Each  person,  association  or  corporation  licensed  to  conduct  a 
harness  horse  race  or  harness  horse  race  meet  under  this  chapter  shall  pay 
to  tlie  state  treasurer  a  tax  of  one  percent  on  all  total  contributions  in  a 
calendar  day  on  win,  place  and  show  pari-mutuel  pools  and  a  tax  of  2 
percent  on  all  total  contributions  to  all  other  pari-mutuel  pools  in  a 
calendar   day. 

150  Bonds.  Amend  RSA  284:23  by  inserting  after  paragraph  VI  the 
following    new   paragraph: 

VII.  The  tax  rates  established  by  paragraphs  I  and  II  of  this 
section  shall  remain  in  effect  only  until  the  bonds  obtained  by  any  entity 
for  the  reconstruction  of  Rockingham  Park  have  been  paid  off,  but  the  time 
these    rates    shall    remain    in   effect    shall    not    exceed    15   years. 

151  Lapsing   Funds;    Greyhound    Racing   and    Pari-Mutuel    Racing. 

I.  Funding  appropriated  to  the  greyhound  racing  commission  in  1981, 
568:1.02,  23  as  amended  by  this  act  for  fiscal  year  1982  includes  funding 
for  346  more  performances  of  greyhound  racing  than  were  included  in  the 
funding  for  performances  of  greyhound  racing  as  appropriated  in  568:1.02, 
08  as  enacted  originally.  If,  in  fiscal  year  1982,  fewer  than  346  of  the 
additional    performances    take    place,     funds    shall     lapse    to    the    general     fund 


HOUSE  JOURNAL  9JUN82  757 


at  the  rate  of  $450  per  performance  (class  50  funds)  and  $86  per 
performance  (class  f>0  funds)  for  each  additional  performance  which  does  not 
take  place. 

II.  Funding  appropriated  to  the  pari-mutuel  racing  commission  in 
1981,  568:1.02,  08  as  amended  by  this  act  for  fiscal  year  1983  includes 
funding;  for  349  more  performances  of  pari-mutuel  racing  than  were  included 
in  the  funding  for  performances  of  greyhound  racing  as  appropriated  in 
568:1.02,  08  as  enacted  originally.  If,  in  fiscal  year  1983,  fewer  than 
349  of  the  additional  performances  take  place,  funds  shall  lapse  to  the 
peneral  fund  at  the  rate  of  $450  per  performance  (class  50  funds)  and  $86 
per  performance  (class  60  funds)  for  each  additional  performance  which  does 
not  take  place. 

152  Sale  of  Certain  State  Property.  The  comptroller,  subject  to  the 
approval  of  the  office  space  study  committee,  shall  offer  the  following 
state  properties  for  sale.  The  department  of  public  works  and  highways  is 
hereby  directed  to  provide  such  technical  assistance  as  may  be  required. 
All  offers  for  sale  shall  be  reviewed  by  the  office  space  study  committee 
and  said  cocimittee  shall,  notwithstanding  any  other  provision  of  law,  make 
the  final  decision  on  the  sale  or  use  of  such  properties.  No  contracts  for 
the  sale  of  such  property  shall  be  subject  to  the  review  or  approval  of  the 
p.overnor  and  council  if  they  are  approved  by  said  conmittee.  All  proceeds 
from  the  sale  of  these  properties  shall  be  deposited  in  the  state  general 
fund  as  unrestricted  revenue. 

I.  The  Wliite  farm  proj)erty  located  at  144  Clinton  Street  in  Concord; 

II.  Land  and  buildings  located  at  148  Clinton  Street  in  Concord; 


758  HOUSE  JOURNAL  9JUN82 


III.  Land  and  buildings  located  at  152  Clinton  Street  in  Concord; 

IV.  Land  and  buildings  located  on  Iron  Works  Road  in  Concord; 

V.  The  Kontras  house  located  at  lOA  Pleasant  Street  in  Concord, 
provided  that  all  utility  connections  to  New  Hampshire  hospital  are  severed 
and  the  house  is  offered  for  sale  with  utility  connections  made  to  public 
uti 1 i t  ies ; 

VI.  The  Marshall  house  located  on  N.  Main  Street  in  Laconia; 

VII.  Land  located  at  Brown  and  Chester  Roads  in  Candia; 

VIII.  Pleasant  View  home  in  Concord; 

IX.  The  superintendent's  house  at  the  youth  development •  center  with 
6  acres  more  or  less;  and 

X.  The  Portsmouth  vocational  technical  college  building,  upon 
completion  and  occupancy  of  the  Seacoast  vocational  technical  college 
huilding  located  in  Stratham. 

153  Repeal.  1981,  565:18,  I-III,  relative  to  the  sale  of  the 
Portsmouth  voc-tech  Suilding  and  YDC  superintendent's  house,  are  hereby 
repea 1 ed . 

154  Advance  for  Costs  of  Portsmouth  Voc-tech  Move;  Sale  of  Truck  Garage. 
I.   The  state  treasurer  is  hereby  authorized  and  directed  to  advance 

the  sum  of  $139,058  to  the  department  of  education  for  the  expenses  of 
moving  the  Portsmouth  vocational  technical  college  from  Portsmouth  to  its 
new  facility  at  Stratham,  upon  the  completion  of  the  Stratham  facility. 
This  sum  shall  be  used  for  all  costs  associated  with  the  move,  including 
all  maintenance  and  utility  costs  incident  to  the  move.   The  general  fund 


HOUSE  JOURNAL  9JUN82  759 


of  the  state  sh,i  1 1  be  reimbursed  for  the  sum  advanced  to  finance  the  move 
upon  the  sale  of  the  truck  garage  and  3.49  acres  in  accordance  with 
paragraph    II   of    this    section. 

II.  The  comptroller,  subject  to  the  approval  of  the  office  space 
study  committee,  shall  offer  for  sale  the  truck  garage  with  3.49  acres 
located  in  Portsmouth.  The  department  of  public  works  and  highways  is 
hereby  directed  to  provide  such  technical  assistance  as  may  be  required. 
All  offers  for  sale  shall  be  reviewed  by  the  office  space  study  connittee 
flnd  said  committee  shall,  notwithstanding  any  other  provision  of  law,  make 
the  final  decision  on  the  sale  or  use  of  such  property.  No  contract  for 
the  sale  of  such  property  shall  be  subject  to  the  review  or  approval  of  the 
governor  and  council  if  such  contract  is  approved  by  said  committee.  All 
proceeds  from  the  sale  of  this  property,  after  the  reimbursement  required 
by  paragraph  I  has  been  made,  shall  be  deposited  in  the  state  general  fund 
as    unrestricted    revenue. 

155  Vanity  Plate  Fee  Increased.  Amend  RSA  261:141,  Vll(d)  as  inserted 
hy  1981,  146:1  hy  striking  out  said  subparagraph  and  inserting  in  place 
thereof   the    following: 

(d)      For  vanity  plate    service    fee  $15.00 

156  Vanity  Plate  Fee.  Amend  RSA  261:89  as  inserted  by  1981,  146:1  by 
striking   out   said   section   and    inserting    in  place    thereof   the    following: 

261:89  Vanity  Number  Plates.  The  director  is  hereby  authorized  to 
design  and  to  issue,  under  such  rules  as  he  shall  deem  appropriate,  vanity 
number  plates  to  be  used  on  motor  vehicles  in  lieu  of  other  number  plates. 
Such    number    plates    shall    he    of    such    design    and    shall    bear    such     letters    or 


760  HOUSE  JOURNAL  9JUN82 


iptrprs  .iikI  ntimhers  as  the  director  shall  prescrihe,  but  there  shall  be  no 
fiijpH  cnt  i  oil  of  identification.  Such  number  plates  or  a  changeable 
desij^nation  of  the  effective  period  thereof,  as  the  director  shall 
determine,  shall  be  issued  only  upon  application  therefor,  and  upon  payment 
of  a  special  fee  of  $15,  said  special  fee  to  be  in  addition  to  the  regular 
motor  vehicle  registration  fee  and  any  other  number  plate  manufacturing  fee 
otherwise  required  by  law  for  the  particular  vehicle.  All  special  fees 
collected  under  this  section  shall  be  paid  to  the  state  treasurer  and 
distributed    as    provided    by    RSA   263:5?. 

157      Driver    Training    Fund.       Amend    RSA    263:52    as     inserted    by    1981,     146:1 
hv    striking    out    said    section    and    inserting    in    place    thereof    the    following: 

263:52      Driver    Training   Fund. 

1.  The  proceeds  from  original  license  fees  as  provided  in  RSA 
2"3:42,  number  plates  for  citizens'  band  operators  in  accordance  with  RSA 
261:79,  and  $5  from  every  special  fee  for  vanity  number  plates  collected  in 
accordance  with  RSA  261:89,  plus  such  additional  portion  of  the  $15  special 
fcp  for  vanity  number  plates  or  the  renewal  of  the  use  of  such  plates  as  is 
nopded  to  fully  fund  the  Hriver  training  program  for  each  fiscal  year  as 
determined  by  the  general  court  pursuant  to  paragraph  II,  after  costs  of 
such  plates  or  designation  of  effective  periods  thereof  and  issuance  of 
same  have  been  appropriated  and  deducted,  shall  be  expended  solely  for 
courses  of  instruction  and  training  in  safe  motor  vehicle  driving  conducted 
in  or  under  the  supervision  of  secondary  schools.  After  all  costs  of 
administration  of  the  program  each  year  of  the  biennium  have  been  reserved, 
the    balance    which     is    appropriated     to    the    driver    training    program    shall    be 


HOUSE  JOURNAL  9JUN82  761 


paid  to  the  state  treasurer  by  June  30  of  each  year.  Such  balance  shall  be 
kept  in  a  separate  fund  which  shall  be  paid  out  on  or  before  September  15 
of  each  year  to  participating  schools  prorated  on  a  per-pupil  basis  for 
those  who  have  completed  the  driver  education  program.  Subject  to  final 
approval  by  the  governor  and  council,  the  commissioner  of  safety  jointly 
with  the  commissioner  of  education  shall  adopt  pursuant  to  RSA  541-A  and 
publish  rules  governing  the  courses  of  instruction  and  training  and 
determining  eligibility  of  secondary  schools  to  receive  moneys  from  the 
fund  established  by  this  section. 

II.  Of  the  $15  special  fee  for  vanity  number  plates,  $5  shall 
automatically  he  credited  to  the  driver  training  fund.  The  remaining  part 
of  the  fee  shall  he  deposited  and  accumulate  in  the  vanity  plate  fund  until 
all  fees  in  such  fund  equal  the  amount  of  money  estimated  by  the  general 
court  as  available  for  expenditure  for  the  driver  training  program  from 
that  fund  for  that  fiscal  year.  Once  the  legislative  estimates  have  been 
matched  for  the  current  fiscal  year,  the  balance  of  all  such  fees  shall  be 
transferred  to  the  general  fund  and  shall  be  available  as  unrestricted 
revenue . 

158  Application  of  Amendment.  The  provisions  of  RSA  263:52  as  amended* 
by  this  act  relative  to  the  transfer  to  the  general  fund  of  the  balance  of 
special  fees  for  vanity  number  plates  shall  apply  to  such  balance  remaining 
in  the  vanity  plate  fund  on  June  30,  1982.  The  comptroller  shall  record 
such  lapse  as  unrestricted  revenue. 

150  Fees  on  Boats.  /Wnend  RSA  270:5,  VII  (supp>  as  inserted  by  1969, 
489:''  as  amended  by  striking  out  said  paragraph  and  inserting  in  place 
thereof  the  following: 


762  HOUSE  JOURNAL  9JUN82 


VII.  Additional  Registration  Fees.  There  shall  be  paid  to  said 
<lirocrnr  in  add  i  t '  on  to  the  fees  required  by  parn^T.-iph  III  an  additional 
fee  of  $1  for  each  registration  required  by  said  paragraph.  The  director 
of  the  division  of  motor  vehicles  shall  nay  over  said  additional  fees  to 
the  state  treasurer  who  shall  deposit  said  fees  in  the  general  fund  as 
unrestricted  revenue. 

160   Appropriation  for  Parking  Meters  at  Beaches. 

I.  There  is  hereby  appropriated  the  sum  of  $45,000  to  the  department 
of  resources  and  economic  development  for  the  installation  and  operation  of 
parking  meters  at  North  Beach  in  Hampton  and  Jenness  Beach  in  Rye. 

H.  To  provide  funds  for  the  appropriation  made  in  paragraph  I,  the 
state  treasurer  is  hereby  authorized  to  borrow  upon  the  credit  of  the  state 
not  exceeding  $45,000  and,  for  that  purpose,  may  issue  bonds  and  notes  in 
the  name  of  and  on  behalf  of  the  state  of  New  Hampshire  in  accordance  with 
the  provisions  of  RSA  6-A.  Provided,  however,  that  the  bonds  issued  for 
the  purpose  herein  shall  have  a  maturity  date  of  5  years  from  the  date  of 
issue. 

III.  Payment  of  principal  and  interest  on  the  bonds  and  notes 
authorized  by  paragraph  II  of  this  section  shall  be  made  from  the  revenue 
derived  from  the  meters  installed  at  the  beaches  specified  in  paragraph  I. 

IV.  The  appropriation  made  in  paragraph  I  of  this  section  shall 
lapse  September  30,  1983. 

V.  All  receipts  in  excess  of  those  required  for  bond  and  note 
paymenr  and  for  operation  of  the  parking  meters  shall  lapse  to  the  general 
fund  as  unrestricted  revenue. 


HOUSE  JOURNAL  9JUN82  763 


VI.  All  receipts  in  excess  of  those  required  for  bond  and  note 
payment  and  for  operation  of  the  parking  meters  that  are  currently  in  place 
at  Hampton  Beach  shall  also  lapse  to  the  general  fund  as  unrestricted 
revnnue. 

161  Park  Fee  Surplus  to  Lapse.  Notwithstanding  any  other  provision  of 
law,  tho  comptroller  shall  take  the  necessary  actions  in  administering  the 
fund  established  for  park  revenue  fees  in  accordance  with  goal  #1  of  PAU 
03,03,04  of  Laws  of  1981,  568:1  to  lapse  no  less  than  $250,000  on  June  30, 
1982.      The    comptroller    shall    record    such    lapse    as    unrestricted    revenue. 

162  Effect  Delayed.  Amend  1982,  7:11  by  striking  out  said  section  and 
insert inp    in   place    thereof    the    following: 

7:11      Effective   Date. 

I.  Section    8   of   this    act    shall    take   effect   June    1,    1982. 

II.  The    remainder   of    this    act    shall    take   effect    upon    its    passage. 

163  License.  Amend  1982,  7:8  by  striking  out  said  section  and 
inserting    in    place    thereof    the    following: 

7:8  Vendor  License.  Amend  RSA  175  by  inserting  after  section  3-h  the 
foll<''winp.    new    section: 

175:3-c  Vendor  License.  Any  liquor  company  desiring  to  sell  liquor 
other  than  wine  governed  by  RSA  1 78-A  shall  register  to  do  business  with 
the  commission  and  obtain  a  liquor  vendor's  license.  A  liquor  company 
shall  he  i-'efined  for  the  purpose  of  this  section  as  a  firm,  partnership, 
association,  or  corporation  including  any  of  its  subsidiaries.  Said 
license     shall     expire     annually     on    May     31     and     be     renewed     annually     by     the 


764  HOUSE  JOURNAL  9JUN82 


commission,  upon  application,  unless  Che  commission  finds,  after  notice  and 
he.irinr,,  that  the  renewal  thereof  would  be  against  the  public  interest. 
The    anmial    fee    for   a    liquor   vendor's    license    shall   he: 

I.  For  a  vendor  who  has  not  previously  sold  liquor  in  this  state  - 
$400; 

H.  For  a  vendor  who  sold  in  this  state  in  the  preceding  year,  less 
than    1,000   cases   of    liquor   -  $400; 

III.  For  a  vendor  who  sold  in  this  state  in  the  preceding  year,  at 
least    1,000    cases    of    liquor   but    less    than    5,000    cases    of    liquor    -  $2,000; 

IV.  For  a  vendor  who  sold  in  this  state  in  the  preceding  year,  5,000 
or   more    cases    of    liquor    -  $4,000. 

164  Price  of  Wine;  Temporary  Change.  Notwithstanding  the  provisions  of 
RSA  178-A:4,  until  June  1,  1983,  retail  prices  of  wines  sold  under  the 
provisions  of  RSA  1 78-A  shall  not  be  less  than  the  selling  price  of  said 
wine  in  the  state  liquor  stores  as  established  by  the  liauor  commission. 
As    of   June    1,    1983,    the    provisions    of   RSA   178-A:4    shall    apply    again, 

ir)5  Purchase  of  Table  Wines;  Discount.  Notwithstanding  the  provisions 
of  RSA  178-A:21,  II,  the  discount  price  for  table  wines  purchased  for 
resale  by  holders  of  retail  wine  licenses  shall  be  25  percent  less  than  the 
regular  retail  price  at  the  state  liquor  stores  until  June  1,  1983.  As  of 
J'lne    1,    1983,    the    provisions   of   RSA   178-A:21,    II    shall    apply    again. 

\6^  Provisions  Suspended.  Notwithstanding  any  other  provision  of 
statutory  or  session  law,  the  governor  is  hereby  expressly  authorized  to 
implement  the  recotinendat  ions  contained  in  this  section.  Further,  for 
fiscal     years     1982     and     1983     all     statutory     provisions     requiring     executive 


HOUSE  JOURNAL  9JUN82  765 


council  approval  including,  hut  not  limited  to  approval  of  state  contracts 
are  hereby  suspended  in  order  for  the  governor  to  implement  the  following 
reconmendati ons  of  Governor's  Management  Review,  Inc.;  provided,  however, 
that  nothing  herein  shall  be  construed  so  as  to  suspend  the  statutory 
reqiiirenent  of  executive  council  approval  for  the  appointment  or  removal  of 
state  officers. 

I.  Executive   Office. 

^a)  Maintain  a  central  file  of  contracts  and  financial  statements 
for  use  by  the  executive  council. 

(h)      Abolish  the  governor's  council  on  energy. 

(c)      Mer«»e  overlapping  council  activities. 

(d't   Consolidate  the  planning,  fiscal  and  MIS  functions. 

Ce^   Automate  the  management  information  system. 

^f)   Update  fiscal  procedures  using  a  computerized  system. 

(g)  Eliminate  joint  counseling  sessions  with  the  division  of 
we  1 f nre. 

fh^   Revise  staffing  practices  in  suhgrantee  offices. 

II.  Secretary  of  State. 

(a)      Begin  microfilming  state  records. 

fb)   Implement  a  statewide  policy  on  microfilming  equipment. 

(c)  Accelerate  the  automation  of  records  in  the  division  of 
corporati  ons/t radenames . 

(d)  Revise  the  workflow  to  improve  staff  efficiency  in  the 
division  of  corpora ti ons/t radenames . 


766  HOUSE  JOURNAL  9JUN82 


III.  State  Treasury. 

(nt   Acquire  accounts  payable  software. 

^b^   Increase  administrative  controls  over  check  disbursements. 

(c1   Improve  physical  security  in  the  storage  area. 

^d^   Revise  procedures  for  handling  detailed  voucher  manifests. 

IV.  Adjutant    General. 

(a)      Analyze    the   agency's    energy   requirements. 

V.  Board   of  Taxation. 

^a^      Review    filing    fees    every    two   years, 
(b"*      Improve    equipment    use    by   board. 

VI.  Department    of   Revenue   Administration. 

(a)  Increase    department    use    of  automation. 

(b)  Perform      a      cost/benefit      analysis      before      proceeding      with 
automation   of   the    business    profits    tax. 

(c^      Acquire    word    processing   equipment. 

(d)      Select    part    of    the    audit    sample    for    the    business    profits    tax 
on    a    statistical    basis. 

VII.  Department    of  Administration   and    Control. 

(a)  Consolidate    two  of    the    department's   existing  divisions. 

(b)  Computerize   the   state's   payroll    system. 

(c^      Eliminate   nayroll    changes   which    are   effective  mid-period. 

(d)      Attach    payment    due   dates    to   encumbrances. 

(e^      Discontinue    the    ledger  of   charges   against    capital   projects. 

(f)      Bill    agencies   with    copiers    directly. 

-g^      Use    classified    rather    than    registered   mail    when    possible. 


HOUSE  JOURNAL  9JUN82  767 


(h)  Contract    for    janitorial    and    groundskeeping    services. 

( i)  Initiate    use    of  operational   alarm   systems, 

(j)  Centralize    the    state's    purchasing   activities, 

(k)  Increase   purchasing    limits    to   $2,000. 

( l^  Reduce    administrative    staff    in    the    division    of    purchase     and 
property   by    2   positions. 

(m)  Automate    the   purchasing    function's    clerical    activities, 

(n)  Reduce    the    staff    in    the   property    section, 

(o^  Revise   procedur    ;    for   establishing   printing   requirements. 
VIII.      Data    Processing. 

^a)  Realign   department    staffing    to   reflect   workloads. 

(b)  Install  a  tape  management  system. 

(c)  Update  software  development  plans  for  each  biennial  budgeting 


period. 


system. 


( d)      Develop  stronger  user/department  relations. 

'^e)   Implement  a  formal  applications  development  and  maintenance 


(f)   Determine   the   feasibility  of  using  vendor  packages  as  a 
substitute  for  applications  development. 
IX.   Personnel  Department. 

(a)   Reclassify  all  permanent  employees. 

^b)   Improve  the  current  recruitment /employment  process. 

(c)   Develop  a  statewide  policy  to  encourage  ongoing  educational 
e  f forts. 

(d^   Implement  a  statewide  employee  suggestion  system. 


768  HOUSE  JOURNAL  9JUN82 


(e^   Delegate  responsibility  for  organizational  changes. 
( {)      Automate  manual  functions  wlierever  possible, 
(g)   Update  civil  service  regulations. 

X.  New  Hampshire  Retirement  System. 

(a)  Obtain  periodic  bids  for  actuarial  services. 

^b)   Contract  for  preparation  of  the  payroll  for  retirees, 
(c^   Improve  investment  management  activities. 

XI.  Department  of  Labor. 

( a^      Increase  use  of  data  processing  facilities. 

(b)  Revise  the  department's  supervisory  structure. 

XII.  Department  of  Employment  Security. 

^ a^      Establish  a  reasonable  definition  for  a  bad  debt  to  clear  the 
account  books. 

(b)   Revise  data  entry  software. 

(c^   Eliminate  the  third-shift  computer  operation. 

(d^      Reduce  the  size  and  number  of  reports  now  generated. 

(e)   Mertre  appropriate  support  functions. 

XIII.  Industrial  Development  Authority. 
fa'>   Increase  authority  fees. 

XIV.  Bank  Commission. 

(a)      Improve  space  utilization  by  the  commission, 
^b)   Acquire  word  processing  equipment. 

XV.  Insurance  Department. 

(a)   Relocate  the  insurance  department. 


HOUSE  JOURNAL  9JUN82  769 


XVI.  Horse   Racing   Commission. 

'^a)      Increase   current    license    fees. 

(b)  Require    racing    proceeds     to    be    deposited    within    one    business 
day   of    receipt. 

(c)  Determine   which    support    functions    should   be  mechanized. 

XVII.  Greyhound    Racing   Commission. 

( a^t      Increase  current  license  fees. 

(b)  StuHy  office  automation  possibilities. 

(c)  Require  tracks  to  deposit  state  receipts  within  one  business 
day. 

XVIII.  State  Sweepstakes  Commission. 

(a^   Automate  check  issuance  and  reconciliation. 
(h)   Reduce  the  "float"  on  sales  revenues. 

(c)  Introduce  an  on-line  daily  game  to  stimulate  sales. 
(<i^     Automate  manual  procedures  wherever  possible. 

XIX.  Department  of  Health  and  Welfare. 

•"a^   Revise  food  purchasing  procedures  at  the  state  hospital. 

(h)      Relocate  laboratory  facilities  to  one  area. 

^c)   Simplify  procedures  for  monitoring  service  providers. 

(d)  Revier.;    state    forms    annually. 

(e1        Replace     subsidiary     welfare     offices     with     incoming     toll-free 
lines. 

XX.  Council    on   Aging. 

(a)   Decrease   intergovernmental  controls  which   impede  effective 
managemrnt . 


770  HOUSE  JOURNAL  9JUN82 


XXI.  State  Prison. 

(a">   Eliminate  the  food  analysis  report. 

(b^  Control  overtime  and  military  leave  absences  on  the  guard 
force. 

(c)  Revise  food  purchasing  procedures. 

XXII.  Youth  Development  Center. 

(a)   Revise  food  purchasing  procedures. 

(b!*   Eliminate  monitoring  of  perpetual  inventory  records. 
XXIIT.   Department  of  Safety. 

(a^  Redefine  areas  of  responsibility  between  the  department  and 
centralized  data  processing. 

(b">   Use  the  field  enforcement  unit  more  effectively. 

(c^  Renew  registrations  by  mail  and  require  use  of  a  return 
envelope . 

(d)  Minimize  the  use  of  state  armories  as  training  and 
registration  stations. 

(e)  Cease  mailing  drivers  manuals  to  out-of-state  license 
app 1 icants. 

XXIV.   Department  of  Public  Works  and  Highways. 

(a^   Improve  computer  utilization. 

^b)  Use  department  personnel  to  help  improve  operational 
e  f f ec t  iveness. 

(c^  Implement  flexible  personnel  assignments  to  accommodate 
seasonal  work  volumes. 

(d)   Centralize  control  of  surplus  materials  and  equipment. 


HOUSE  JOURNAL  9JUN82  771 


(e^  Restructure  design  engineering  functions  to  improve 
produc  t  i V  ity . 

(f^  Adjust  personnel  levels  for  highway  maintenance  based  on 
appropriate  productivity  goals. 

(g)  Reduce  staffing  in  the  planning  and  economic  division. 

(h^*  Revise  personnel  levels  in  the  special  services  division. 

(i)  Eliminate  one  position  in  the  engineering  audit  division. 

(j)  Charge  for  services  supplied  to  contractors  and  other  state 
agenc  i  es . 

(k)  Prepare  an  inventory  of  state  buildings. 

'' 1 )  Reduce  the  administrative  staff  in  public  works  and  business. 

(m)  Revise  the  supervisory  structure  in  the  maintenance  division. 

''n)  Limit  spring  roadside  cleanup  activities. 

(o)  Eliminate  excess  bridge  maintenance  inventory. 

(p)  Reduce  the  turnpike  token  discount. 

(q)  Abandon  plans  to  offer  a  discount  rate  for  commercial 
veh  ic les. 

(r'*  Install  an  optical  reader  for  department  credit  cards. 

(s)  Revise  department  ordering  procedures. 

(t'>  Alter  security/custodial  procedures. 

fu)  Improve  utilization  of  computerized  records. 

fv'*  Eliminate  redundant  vehicle  checks. 

(w^  Eliminate  the  service  unit  in  the  equipment  division. 

(x)  Abolish  the  yard  unit. 

(y)  Decrease  the  number  of  special  vehicles  purchased. 


772  HOUSE  JOURNAL  9JUN82 


(z^      Eliminate   use   of    state    vehicles    for    commuting. 

faa)      Implement    a    standard    preventive   maintenance   program. 

(Hb)      Replace    sedans    with    sub-compacts. 

(cc)      Convert    state    fuel    facilities    to   unleaded    regular. 

XXV.  Aeronautics  Commission. 

(a)   Automate  the  registration  process, 
'h")   Streamline  commission  p.iperwork. 

(c)  Use  daily  reports  to  reduce  staff  requirements. 

XXVI.  Port   Authority. 

'^a'*      Change    the    basis    for   mooring    fees. 
^b^      Automate   mooring    registrations. 

XXVII.  Department    of   Resources    and    Economic   Development. 

(a)  Cease    funding    the   white    pine   blister    rust    program. 

XXVIII.  Fish    an'1    Game   Department. 

( a^      Develop    comprehensive    long-   and    short-range   operating    plans. 

(b)  Revise  payroll  procedures  and  institute  an  attendance 
reporting    system. 

(c^      Improve    utilization   of    the    department's   mini-computer. 

(d)  Examine  the  feasibility  of  purchasing  certain  varieties  of 
fish. 

(e^  Establish  efficiency  standards  for  hatcheries  and  rearing 
s  t  a  t  i  on  s . 

(f)  Establish  a  joint  program  with  the  department  of  resources 
and  economic  development  to  promote  the  sale  of  hunting  and  fishing 
I icenscs. 


HOUSE  JOURNAL  9JUN82  773 


XXIX.  Water  Supply  and  Pollution  Control  Commission- 

(a)      Restructure  the  commission  as    a  functional  organization, 
'h^   Automate  the  laboratory  facilities. 

(c^   Establish  a  clearinghouse  for  all  water  related  permits. 
(d">   Eliminate  on-site  retention  of  original  documentation. 

XXX.  Air  Resources  Agency. 

(a)   Consolidate  surveillance  and  enforcement  activities, 
(b')   Centralize  the  laboratory  operations. 
167   Governor's  Management  Review  Savings;  Appropriations. 

I.  The  comptroller  after  consultation  with  the  chief  executive 
officer  of  each  department  is  hereby  directed  to  certify  the  amount  of 
direct  savings  to  be  realized  by  each  department  by  implementation  of  the 
Governor's  Management  Review,  Inc.'s  reconmendat ions .  Upon  certification 
bv  the  comptroller  of  the  amount,  said  amount  shall  immediately  be 
transferred  from  said  department's  appropriation  to  a  special  fund  wiiich 
shal)  be  known  as  the  Governor's  Management  Review  savings  fund.  The 
monevs  in  said  fund  shall  be  used  to  reimburse  the  implementation  fund 
established  pursuant  to  paragraph  II  of  this  section;  provided  that  any 
moneys  in  said  fund  on  June  30,  1983,  shall  revert  to  the  general  fund,  the 
highway  fund  or  such  other  appropriate  special  fund  as  determined  by  the 
comptrol ler . 

II.  There  is  herebv  established  a  special  fund  to  be  known  as  the 
implementation  fund.  Said  fund  shall  be  expended  for  one  time  costs  to 
enable  departments  to  implement  the  recommendations  of  the  Governor  s 
Management  Review,  Inc.   The  moneys  in  said  fund  shall  be  transferred  to 


774  HOUSE  JOURNAL  9JUN82 


tlie  various  departments  for  expenditure  by  the  governor  with  the  approval 
of  the  advisory  budget  control  committee  upon  its  determination  that  said 
department  requires  such  moneys  to  implement  the  Governor's  Management 
Review,  Inc.'s  recommendation.  There  is  hereby  appropriated  to  said  fund 
the  sum  of  $100,000  which  shall  not  lapse  until  June  30,  1983.  The 
governor  is  authorized  to  draw  his  warrant  for  said  sum  out  of  any  money  in 
the  treasury  not  otherwise  appropriated.  There  is  hereby  appropriated  to 
said  implementation  fund  such  additional  sums  from  the  highway  fund,  fish 
and  game  fund  and  other  special  funds  as  may  be  needed  to  transfer  to 
departments  funded  by  such  restricted  revenues.  The  governor  is  authorized 
to  draw  his  warrants  for  said  sums  which  shall  be  a  charge  against  the 
appropriate    fund.      Any   balance    in    said    fund    on   June    30,    1983,    shall    lapse. 

III.  On  June  30,  1983,  funds  in  the  Governor's  Management  Review 
savings  fund  shall  be  transferred  to  the  implementation  fund  to  reimburse 
said  implementation  fund  for  all  expenditures  from  said  implementation  fund 
and  the  balance  in  said  Governor's  Managment  Review  savings  fund  shall 
lapse.  The  comptroller  shall  issue  a  report  on  or  before  July  15,  1983,  to 
the  governor  and  to  the  fiscal  comrtittee  of  the  general  court  showing  the 
balance  which  was  lapsed  from  the  Governor's  Managment  Review  savings  fund 
to    the    general    fund,    the   highway    fund,    and    the   other   special    funds. 

I'iS  University  System  of  New  Hampshire.  Notwithstanding  any  other 
provision  of  law,  the  board  of  trustees  of  the  university  system  of  New 
Hampshire  is  here'iy  directed  to  consider  the  following  recojrmendations  of 
tho  Co^'ernor's  Management  Review,  Inc.  and  is  hereby  authorized  to 
implement    such    reconmendations. 


HOUSE  JOURNAL  9JUN82  775 


I.   Centralize  all  personnel  services, 
n.   Consolirfate  information  services. 

III.  Terminate  2  positions  on  the  central  art  design  and  graphics 
staff. 

IV.  Eliminate  redundant  physical  plant  activities. 

V.  Identify  and  dispose  of  surplus  property. 

VI.  Eliminate  the  branch  purchasing  office  at  UNH. 

VII.  Improve  UNH  housekeeping  services. 

VIII.  Reduce  the  inventory  control  staff  at  UNH  by  one  position. 

IX.  Raise  fares  for  the  UNH  bus  service. 

X.  Advance  funding  for  the  UNH  steam  system  reconstruction  by  12 
months. 

XI.  Require  adequate  cost  justification  for  UNH  research  analyses. 

XII.  Designate   all   UNH   health   services   as   limited   auxiliary 
enterpr  ises. 

XIII.  Subcontract  the  bookstore  operations  at  UNH  and  Keene. 

XIV.  Develop  housekeeping  contracts  for  Plymouth  state  college. 

The  board  of  trustees  shall  report  to  the  governor  and  to  the  next  regular 
session  of  the  general  court,  no  later  than  January  15,  1983,  as  to  which 
recoTranendations  were  implemented,  which  recoimnendations  were  not 
implemented,  the  reasons  why  any  recommendations  were  not  implemented  and 
the  financial  impact  of  any  recommendations  implemented  including  the 
savings  realized  if  any. 


776  HOUSE  JOURNAL  9JUN82 


169      Implementation   of   Programs    and    Priorities. 

I.  Committee  Established.  There  is  hereby  established  a  special 
cormittee  on  revenue  and  fund  balance  certification  which  shall  consist  of 
3  members  of  the  senate  appointed  by  the  president  of  the  senate  and  3 
membprs  of  the  house  of  representatives  appointed  by  the  speaker  of  the 
house.  Said  committee  shall  choose  one  of  its  members  as  chairman.  The 
state  comptroller  and  the  legislative  budget  assistant  shall  jointly  file 
v/ith  said  conmittee  on  or  before  January  10,  1983,  a  financial  statement 
for  the  general  fund,  the  highway  fund  and  the  fish  and  game  fund  showing 
the  revenues  to  date  and  the  estimated  revenues  for  the  balance  of  the 
fiscal  ^iennium  and  the  availability  of  other  funds  in  each  such  fund  which 
are  avn'lable  to  be  used  to  fund  programs  or  priorities  as  provided 
herein.  In  addition,  such  statement  shall  identify  the  funds  available  in 
each  fund  which  were  or  will  be  realized  from  the  implementation  of  the 
recomri<^ndations  of  the  Governor's  Management  Review,  Inc.  In  the  event 
t^-at  the  comptroller  and  the  legislative  budget  assistant  are  unable  to 
agroe  as  to  the  revenues  received,  the  projected  revenues  for  the  balance 
of  the  fiscal  biennium,  the  availability  of  other  funds  or  the  amount  of 
funds  in  each  fund  identifiable  as  being  realized  from  the  implementation 
of  the  recomnendations  of  the  Covernor's  Management  Review,  Inc.,  each 
shall    file   a   separate    statement. 

It.  General  Fund  Priorities.  Based  upon  the  information  supplied  by 
t  lie  comptroller  and  the  legislative  budget  assistant,  the  committee  shall 
certify  whether  there  will  be  sufficient  revenues  or  other  general  fund 
funds      available       to       implement      the      following      programs       and      priorities, 


HOUSE  JOURNAL  9JUN82  777 


provided  that  said  programs  and  priorities  shall  be  implemented  in  the 
following  order,  and  provided  further  that  if  said  conmittee  certifies  that 
there  will  be  sufficient  revenues  or  other  general  funds  available,  said 
programs  and  priorities  shall  be  implemented: 

(a)  Program  and  Priority  Number  1.  Salary  Increases.  In  the 
event  that  the  committee  certifies  that  there  are  sufficient  funds 
available,  the  following  actions  shall  be  implemented: 

(1)  Salary  Increases.  Commencing  on  January  15,  1983,  or  on 
such  date  as  determined  under  paragraph  VI  of  this  section,  the  salary  of 
overy  classified,  unclassified,  judicial  and  legislative  state  employee 
shall  be  increased  by  9  percent.  The  director  of  legislative  services  is 
hereby  directed  to  change  the  salary  schedules  and  tables  and  introductory 
paragraphs  in  RSA  94:l-a,  RSA  99:l-a  and  RSA  491-A:1  to  reflect  the 
increase  provided  for  herein,  and  said  schedules  and  tables  and  paragraphs 
are  hereby  so  amended  commencing  on  the  appropriate  date. 

(2)  Appropriation  for  Unclassified  Employees,  Legislative 
Employees,  and  Judicial  Salary  Increases.  In  addition  to  any  other  sums 
previously  appropriated,  there  are  hereby  appropriated  for  the  fiscal  year 
ending  June  30,  1983,  for  the  salary  increases  for  the  unclassified  state 
employees  and  judicial  and  legislative  salary  increases  as  provided  in  this 
act  the  following  sums:  $560,849  from  the  general  funds  of  the  state, 
$59,125  from  the  highway  fund,  $2,884  from  the  fish  and  game  fund,  $2  5,300 
from  federal  funds,  and  $48,550  from  self-sustaining  funds.  The  governor 
is  authorized  to  draw  his  warrants  for  the  sums  hereby  appropriated. 


778  HOUSE  JOURNAL  9JUN82 


(3)  Appropriations  for  Retirement  and  OASI.  In  addition  to 
any  other  sums  previously  appropriated,  there  are  hereby  appropriated  for 
the  fiscal  year  ending  June  30,  1983,  for  retirement  and  OASI  for 
unclassified  state  employees,  legislative  employees  and  judicial  officers 
the  following  sums:  $16,808  from  the  general  funds  of  the  state,  $1,773 
from  the  highway  fund,  $86  from  the  fish  and  game  fund,  $742  from  federal 
funds  and  $1,456  from  self-sustaining  funds.  The  governor  is  authorized  to 
draw  his  warrants  for  the  sums  hereby  appropriated. 

(4)  Appropriation  for  Classified  State  Employees'  Salary 
Increase.  In  addition  to  any  other  sums  previously  appropriated  there  are 
hereby  appropriated  for  the  fiscal  year  ending  June  30,  1983,  for  the 
salary  increases  for  classified  state  employees  the  following  sums: 
$8,162,779  from  the  general  funds  of  the  state,  $3,053,619  from  the  highway 
fund,  $214,965  from  the  fish  and  game  fund,  $2,379,645  from  federal  funds 
and  $596,455  from  self-sustaining  funds.  The  governor  is  authorized  to 
draw  his  warrants  for  the  sums  hereby  appropriated. 

(5)  Appropriation  for  Retirement  and  OASI.  In  addition  to  any 
other  sums  appropriated  for  retirement  and  OASI  for  the  salary  increases 
for  classified  employees  provided  for  herein  for  the  fiscal  year  ending 
June  30,  1983,  the  following  sums  are  appropriated:  $756,763  from  the 
general  funds  of  the  state,  $285,228  from  the  highway  fund,  $20,180  from 
the  fish  and  game  fund,  $216,989  from  federal  funds  and  $55,196  from 
self-sustaining  funds.  The  governor  is  authorized  to  draw  his  warrants  for 
the  Suras  hereby  appropriated. 


HOUSE  JOURNAL  9JUN82  779 


(6)  Comptroller  to  Certify.  The  suras  authorized  by  this 
section  shall  be  appropriated  only  if,  on  January  15,  1983,  the 
comptroller,  after  consultation  with  and  the  approval  of  the  fiscal 
committee  of  the  general  court,  shall  certify  to  the  governor  and  council 
that  the  projected  surplus  of  all  the  applicable  funds  for  the  end  of  the 
biennium  are,  in  and  of  themselves  individually,  sufficient  to  fund  said 
appropriations.  The  comptroller  may,  after  consultation  with  and  the 
approval  of  the  fiscal  conmittee,  set  an  effective  date  other  than  January 
15,  1983,  for  the  salary  increases  authorized  by  this  section,  such  that 
the  available  surplus  shall  be  sufficient  to  fund  that  proportion  of  the 
appropriation  for  the  remainder  of  the  fiscal  year  following  such  effective 
date.  In  making  such  certification,  the  comptroller  shall  identify,  by 
fund,  the  reduced  expenditures  or  increased  revenues  to  be  realized  within 
this  biennium.  Subject  to  the  foregoing  provisions  of  this  paragraph,  the 
comptroller  is  hereby  authorized  and  directed  to  allocate  the  sums 
appropriated  by  this  act  for  salary  increases  to  the  various  program 
appropriation  units  on  the  same  ratio  that  the  appropriation  in  each  PAU 
for  personnel  services  bears  to  the  total  appropriation  for  personnel 
services. 

(7)  University  System.  The  trustees  of  the  university  system 
of  New  Hampshire  shall  be  authorized  funds  to  provide  the  same  salary 
increase  or  increases  as  are  provided  to  classified  state  employees  if, 
before  January  15,  1983,  the  chancellor  shall  provide  evidence  to  the 
comptroller  of  sufficiently  reduced  expenditures  or  increased  revenues  to 
be  realized  within  the  university  system  within  the  biennium  to  fund  an 


780  HOUSE  JOURNAL  9JUN82 


appropriation  for  that  purpose;  and  further,  the  appropriation  made  in  this 
paragraph  shall  be  appropriated  only  if,  on  January  15,  1983,  the 
comptroller,  after  consultation  with  and  approval  of  the  fiscal  committee 
of  the  general  court,  shall  certify  to  the  governor  and  council  that,  in 
addition  to  the  projected  surplus  required  by  paragraph  VI,  there  is  a 
sufficient  projected  surplus  in  the  general  fund  to  fund  any  difference 
between  the  amounts  realized  by  the  efficiencies  within  the  university 
system  and  the  total  required.  In  making  such  certification,  the 
comptroller  shall  identify  the  reduced  expenditures  or  increased  revenues 
CO  be  realized  within  the  university  system  within  the  biennium  by  January 
15,  1983.  Subject  to  these  provisions,  the  comptroller  is  authorized  to 
allocate  the  sum  required  to  fund  the  pay  increase  authorized  by  this 
paragraph  to  the  trustees  of  the  university  system  of  New  Hampshire,  and 
Chat  sum  is  hereby  appropriated.  The  governor  is  authorized  to  draw  his 
warrant  for  said  sum  out  of  any  money  in  the  treasury  not  otherwise 
appropriated . 

(b)  Program  and  Priority  Number  2.  Minimum  BPT.  In  the  event 
that  the  committee  certifies  that  there  are  $6,000,000  in  general  funds 
available,  RSA  77-A:2-a  relative  to  the  minimum  business  profits  tax  shall 
be  and  hereby  is  repealed  effective  July  1,  1982. 

III.  General  Provision.  Except  as  otherwise  provided,  no  program 
and  priority  provided  for  in  paragraph  II  of  this  section  shall  be 
implemented  unless  the  program  and  priority  with  the  next  lower  number  has 
been  fully  implemented.  Except  as  otherwise  provided,  no  sum  shall  be 
expended  or  encumbered  for  any  program  and  priority  unless  the  committee 


HOUSE  JOURNAL  9JUN82  781 


finds  and  certifies  that  there  is  sufficient  revenue  or  available  funds  to 
fully  implement  such  program  and  priority.  All  sums  certified  by  the 
committee  as  available  to  implement  such  programs  and  priorities  are  hereby 
appropriated  and  the  governor  is  authorized  to  draw  his  warrants  for  said 
sums  which  shall  be  a  charge  against  the  appropriate  fund. 

170  Dam  Maintenance.  Amend  RSA  ''♦81:29-33  (supp)  as  inserted  by  1982, 
24:1  by  striking  out  said  subdivision  and  inserting  in  place  thereof  the 
following: 

Dam  Maintenance 

A81:29  Definitions.  As  used  in  this  subdivision,  the  following  words 
and  terms  shall  have  the  following  meanings  unless  a  contrary  meaning  shall 
appear  in  the  text: 

I.  "Contract  construction"  shall  mean  work.  performed  after 
competitive  bid  by  use  of  an  independent  contractor  in  combination  with  the 
construction  division  of  the  water  resources  board; 

II.  "Emergency"  shall  mean  a  circumstance  whereby  life  or  property 
is  threatened  or  will  be  threatened  unless  work  is  performed  in  a  timely 
manner; 

III.  "Force  account"  shall  mean  use  of  a  work  force  and  equipment 
directly  on  the  state  payroll,  including  rented  equipment  and  associated 
la'^or  at  current  state  of  New  Hampshire  equipment  rental  rates; 

IV.  "Minor  project"  shall  mean  maintenance  work  performed  on  a 
periodic  basis  with  costs  not  exceeding  $20,000; 

V.  "Reconstruction'^  shall  mean  performance  of  ma ior  amounts  of  work 
on  most  if  not  all  of  the  structure  to  restore  it  to  its  original  condition 


782  HOUSE  JOURNAL  9JUN82 


or     to    opprade     it     to    current     design     standards    with     the     cost     in    excess    of 
$75,OnO; 

VI.  "Repair"  shall  mean  performance  of  intermediate  amounts  of  work 
on  a  portion  of  a  structure  on  an  occasional  basis  with  costs  not  exceeding 
$75,000.  Repair  items  include,  but  are  not  limited  to,  replacement  of 
eates,  refacing  of  eroded  concrete,  repair  or  replacement  of  wingwalls, 
placement    of   riprap    and    emergency    repairs. 

481:10  Fund  Established.  In  order  for  the  state  of  New  Hampshire  to 
meet  its  commitments  to  maintain  its  dams  and  impoundments  for  future 
siencr.Tt  i  ons  and  promote  the  safety  of  the  public,  there  is  hereby 
established  a  dam  maintenance  fund  to  cover  the  cost  of  performing  work  on 
state-owned    dams.      This    fund    shall   be    non-lapsing. 

481:31  Bonds  Authorized.  To  provide  working  capital  for  initiation  of 
the  fund  established  in  RSA  481:30,  the  state  treasurer  is  hereby 
authorized  to  borrow  upon  the  credit  of  the  state  the  sum  of  $2,200,000  and 
for  said  purpose  shall  issue  bonds  and  notes  in  the  name  of  and  on  behalf 
of    the    state    of   New   Hampshire    in    accordance   with    RSA  6-A. 

481:3?  Hvdro  Funds.  Revenue  to  the  state  resulting  from  the  leasing  of 
state-ov>med  dams  for  hydroelectric  generation  shall  be  credited  to  the  fund 
established  in  RSA  481:30  for  the  purpose  of  the  retirement  of  bonds  and 
notes  authorized  by  RSA  481:31.  Any  amount  of  revenue  over  and  above  the 
amount  ^-equ  i  red  to  retire  said  bonds  shall  be  credited  to  the  dam 
maintenance  fund  for  the  repair  and  reconstruction  of  other  state-owned 
f^ams  authorized  Sv  the  legislature  and  with  the  approval  of  governor  and 
counc  il  . 


HOUSE  JOURNAL  9JUN82  783 


481:33  Expenditure.  Notwithstanding  other  provisions  of  law,  the  New 
Hampshire  water  resources  board  shall  expend  such  sums  from  the  dam 
maintenance  fund  as  are  necessary  for  performance  of  work  on  state-owned 
dams    only    in    the    following    categories: 

I.  Minor  projects  and  emergency  repairs,  which  may  be  completed  by 
force  account  methods  by  the  construction  and  operating  divisions  of  the 
water  resources  board  in  accordance  with  the  provisions  of  the  manual  of 
procedure; 

II.  Repair  projects,  which  may  be  completed  by  force  account  methods 
by  the  construction  division  of  the  water  resources  board  and  shall  be 
authorized    by    the    legislature   with    the    approval    of   governor    and    council; 

III.  Reconstruction  projects,  which  shall  be  completed  by  contract 
construction  or  force  account  and  shall  be  authorized  by  the  legislature 
with    the    approval    of   governor    and    council. 

171      Dams   Authorized    for    Repair    or    Reconstruction    or    Both,    Appropriation. 

I.       It     is    hereby    determined    to    be    necessary    to    repair,    reconstruct    or 

repair    and    reconstruct    the     following    dams    in    the     interest    of   public    safety 

and    benefit     and     the    expenditure    of    such    sums    as     are    necessary     is    hereby 

author  i  zed : 

(a)   Water  resources  board  dams 

fl)   Goose  Pond  Dam,  Canaan  and  Hanover; 

(2)  Crystal  Lake  Dam,  Enfield; 

(3)  Pawtnckaway  Lake  Dikes,  Nottingham; 
(^l   Kelley  Falls  Dam,  Manchester; 

f5^      Grppg  Falls  Dam,  Goffstown; 


784  HOUSE  JOURNAL  9JUN82 


(S)   Other  state  r^ams 

^1)   Department  of  resources  and  economic  development 
^A)   May  Pond  Dam,  Washington; 
(B)   Pisgah  Reservoir  Winchester; 
(2)   Fish  and  game  department 

^A)   Merrymeeting  Lake,  New  Durham; 

(B)  New   Durham  Pond,    New   Durham; 

(C)  Alton   Power   Dam,    Alton. 

II.  The  sums  of  $1,800,000  for  the  repair  and  reconstruction  of  the 
dams  contained  in  paragraph  I  of  this  section  and  $400,000  for  minor  repair 
nr  reconstruction  projects  authorized  hy  this  act  are  hereby  appropriated 
from  the  dam  maintenance  fund  established  by  this  act.  This  appropriation 
shall    he    non-lapsing. 

III.  1982,  24:2  and  3  relative  to  dam  repair  and  appropriation  are 
hcretiy    repealed. 

172  Transfer  of  Funds  Allocated  to  Crime  Commission.  Amend  1981,  358:1 
Sv    striking   out    said    section    and    inserting    in    place    thereof    the    following: 

358:1  Crime  Commission;  Phasing  Out.  Notwithstanding  the  provisions  of 
RSA  17-G:7,  the  New  Hampshire  crime  commission  shall  continue  in  existence 
until  June  30,  1982,  for  the  purpose  of  winding  up  its  affairs;  provided, 
however,  that  no  state  funds  shall  be  appropriated  to  the  crime  commission, 
except  funds  necessary  to  match  funds  madf  vailable  to  the  commission 
under  the  Juvenile  Justice  and  Delinquency  Prevention  Act,  for  the  phasing 
out  period,  nor  shall  any  matching  funds  be  encumbered.  If  federal  funds 
for  t^e  crime  commission  are  exhausted  before  June  30,  J982,  the  crime 
coTunission         shall         cease        all        activities        on        such        earlier        date. 


HOUSE  JOURNAL  9JUN82  785 


N'otw  it'll  stand  ing  the  foregoin*^  provisions  of  this  section,  the  fiscal 
committee  of  the  general  court  shall  be  empowered  to  extend  the 
authorization  period's  established  herein  for  the  New  Hampshire  crime 
commission  if  federal  funds  become  available  for  such  a  purpose,  and  may 
from  time  to  time  extend  such  authorization  for  the  period  of  availability 
of  such  federal  funds.  The  governor  may,  with  the  prior  approval  of  the 
fiscal  committee,  desi^^nate  an  existing  agency  to  administer  any  funds 
which  previously  had  been  administered  by  the  crime  commission,  and  any 
state  funds  appropriated  to  match  such  federal  funds  are  hereby 
appropriated    to    the    successor    agency    of    the    crime    commission. 

171  Agricultural  Fairs;  Appropriation.  Amend  1981,  568:135  by  striking 
out    said    section    and    inserting    in   place    thereof    the    following: 

568:135  Agricultural  Fairs.  Notwithstanding  any  other  provisions  of 
law,  the  sum  of  $45,000  for  fiscal  year  1982  of  the  appropriation  made  to 
the  department  of  agriculture  in  section  1  of  this  act  shall  be  reserved  by 
the  corrmissi  oner  of  agriculture  for  payments  to  .agricultural  fairs  and 
shall  not  be  expended  or  used  for  any  other  purpose.  In  addition  to  any 
other  appropriations  for  the  department  of  agriculture,  the  sum  of  $45,000 
is  hereby  appropriated  to  said  department  for  fiscal  year  1983  for  payments 
to  agricultural  fairs.  The  governor  is  authorized  to  draw  his  warrant  for 
said    sum  out    of  any   money    in    the    treasury   not    otherwise    appropriated. 

174  Appropriation;  Revenue  Reform  Committee.  The  sum  of  $25,000  is 
hereby  appropriated  for  the  biennium  ending  June  30,  1983.  Said  sum  may  be 
expended  by  the  special  committee  to  study  revenue  reform  at  all  levels  of 
government  created  by  1981,  386,  for  the  purpose  of  hiring  consultants  to 
prepare     financial     planning    models.        The     committee     may     only     expend     that 


786  HOUSE  JOURNAL  9JUN82 


portion  of  said  $2^,000  to  the  extent  that  it  matches  that  portion,  dollar 
for  dollar,  with  federal  or  private  funds.  The  governor  is  authorized  to 
draw  his  warrant  for  said  sum,  to  the  extent  it  is  matched  by  federal  or 
private  funds,  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

175  Study  of  Health  Insurance;  Appropriation.  The  sum  of  $25,000  is 
hereby  appropriated  to  the  house  of  representatives  for  the  biennium  ending 
June  30,  ]^H3,  for  the  purpose  of  hiring  consultants  to  thoroughly 
investigate  the  advantages  of  the  state's  becoming  a  self-insurer  in  the 
health  insurance  it  provides  to  state  employees.  The  speaker  of  the  house 
shall  be  responsible  for  hiring  the  consultants  for  this  study,  and  he 
shall  designate  a  conmittee  of  the  house  to  carry  out  this  study.  The 
committee  and  the  consultants  shall  complete  their  study  and  submit  their 
findings  to  the  speaker  of  the  house  not  later  than  June  30,  1983.  The 
governor  is  authorized  to  draw  his  warrant  for  said  sum  out  of  any  money  in 
the  treasury  not  otherwise  appropriated. 

176  Definition  of  Fiscal  Impact  Statement.  Amend  RSA  541-A:1  by 
inserting  after  paragraph  I-b  the  following  new  paragraph: 

I-c.  "Fiscal  impact  statement"  shall  mean  a  statement  prepared  by 
the  legislative  budget  assistant,  using  data  supplied  by  the  rulemaking 
agency,  and  giving  consideration  to  both  short  and  long-term  consequences. 
A  fiscal  impact  statement  shall  consist  of: 

(a)  A  comparison  of  the  costs  and  benefits  to  the  state  and 
political  subdivisions  of  the  intended  action  to  inaction  and,  if 
applicable,  to  alternate  courses  of  action; 

(b)  A  conclusion  as  to  the  cost  or  benefit  to  the  state  and 
political  subdivisions  of  taking  the  intended  action;  and 


HOUSE  JOURNAL  9JUN82  787 


(c)  Whether  or  not  there  is  a  federal  mandate  for  a  proposed  role. 
177   Notice  to  Include  Fiscal  Impact  Statement.   Amend  RSA  541-A:3,  l(a) 
^supp)   as   inserted   by   1973,   507:1   as  amended   by   striking   out   said 
subparagraph  and  inserting  in  place  thereof  the  following: 

(aHl)  provide  the  legislative  budget  assistant  with  adequate 
details  of  the  intended  action  and  supporting  data  to  enable  him  to  prepare 
a  fiscal  impact  statement;  and 

f2)      give  at  least  20  days'  notice  of  its  intended  action.   The 
notice  shall  include: 

(i)  a  statement  of  either  the  terms  or  substance  of  the 
intended  action  or  a  description  of  the  subjects  and  issues  involved; 

(ii)  the  completed  fiscal  impact  statement  prepared  by  the 
legislative  budget  assistant;  and 

(iii)  the  time  when,  the  place  where  and  the  manner  in 
which  interested  persons  may  present  their  views  on  the  intended  action. 
The  notice  shall  be  mailed  to  the  director  of  legislative  services,  to  the 
president  of  the  senate  and  the  speaker  of  the  house  of  representatives,  to 
Che  chairman  of  the  fiscal  committee,  to  the  chairmen  of  the  legislative 
committees  having  jurisdiction  over  the  subject  matter,  and  to  all  persons 
who  have  made  timely  request  of  the  agency  for  advance  notice  of  its 
rulemaking  proceedings.  The  director  of  legislative  services  shall 
mnintain  and  publish  a  register  of  notice  of  rulemaking  proceedings  which 
shall  be  open  to  public  inspection.  The  required  20  day  notice  period 
shall  begin  to  run  on  the  date  of  publication  in  the  register; 


788  HOUSE  JOURNAL  9JUN82 


178  Cooperation  with  Legislative  Budf»et  Assistant.  Amend  RSA  541-A  by 
insertinj;  after  section  3-a  the  following:  new  section: 

541-A:3-b  Cooperation  with  Legislative  Budget  Assistant.  The 
comptroller  and  all  agencies  are  directed  to  cooperate  with  the  legislative 
budget  assistant  in  the  preparation  of  fiscal  impact  statements  required  by 
RSA  54I-A:3,  1(a). 

179  Filing  of  Fiscal  Impact  Statement.  Amend  RSA  541-A:4,  I  (supp)  as 
inserted  by  1973,  507:1  as  amended  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following: 

I.  Each  agency  shall  file  in  the  office  of  the  director  of 
legislative  services  a  copy  of  each  rule  adopted  or  issued  by  it  including 
all  rules  existing  on  the  effective  date  of  this  chapter  and  fiscal  imoact 
statements  required  by  RSA  541-A:3,  1(a)  for  rules  which  have  been  adopted 
after  July  1,  1982.  At  the  time  of  filing,  the  rule  so  filed  shall  be 
accompanied  by  each  of  the  following: 

(a)  A  certificate  of  adoption  signed  by  the  agency  official 
authorized  by  statute  to  make  rules,  or  by  the  chief  executive  of  an  agency 
authorized  to  make  rules,  in  the  following  form: 

I  (name  and  title) 

hereby  certify  that  the  above  is  a  true  copy  of  (a  rule)  (rules)  adopted 

by  (name  of  agency) 

on  (date) 

Date: (signature) . 


HOUSE  JOURNAL  9JUN82  789 


(h)  A  separate  document  containinp;  an  analysis  of  the  filed  rule, 
or  group  of  related  rules,  which  includes  a  brief  description  of  the 
sj^stance  of  the  rule  and  the  specific  reasons  necessitating  the  rule.  The 
absence  or  inadequacy  of  the  certificate,  analysis  or  fiscal  impact 
statement  required  by  this  paragraph  shall  not  affect  the  validity  of  a 
rule  accepted  for  filing  by  the  director  of  legislative  services. 

130  Publication  Not  Required.  Amend  RSA  541-A:5,  I  as  inserted  by 
1973,  507:1  by  striking  out  said  paragraph  and  inserting  in  place  thereof 
the  following: 

I.  The  director  of  legislative  services  shall  compile,  index,  and 
publish,  or  require  the  agency  adopting  the  rule  to  publish,  in  uniform 
loose-leaf  form  as  determined  by  him  all  effective  rules  adopted  by  each 
agency.  Compilations  shall  be  supplemented  or  revised  as  often  as 
necessary,  and  the  director  of  legislative  services  may  publish  the 
supplemented  or  revised  compilation  as  often  as  necessary.  The  director 
shall  not  require  the  compilation,  indexing,  or  fnjblishing  of  fiscal  impact 
p*  .1  tements. 

181    Legislative  Budget  Assistant.    Amend   RSA  14:31,   VIII   Csupp)   as 
Tserte-^  by  1979,  !79:2  by  striking  out  said  paragraph  and  inserting  in" 
p . ace  thereof  the  following: 

VIII.  FISCAL  NOTES.  The  legislative  budget  assistant  shall  prepare 
fiscal  notes  and  amendments  thereto  as  required  by  RSA  14:44-47,  and  shall 
prepare  fiscal  imoact  statements  as  required  by  RSA  541-A:3,  iCa). 


790  HOUSE  JOURNAL  9JUN82 


182  Hooksett  Water  Line  Extension.  There  is  hereby  appropriated  a  sum 
not  to  exceed  $300,000  to  the  department  of  public  works  and  highways  - 
central  New  Hampshire  turnpike  for  the  biennium  endinp  June  30,  1983.  Said 
sum  shall  he  paid  to  the  town  of  Hooksett  for  the  purpose  of  extending  the 
town  water  supply  from  the  Hooksett  village  water  precinct  to  the  Scott 
avenue  ne  i;»hhorhood  on  the  conditions  that  H)  matching  funds  in  a  like 
amount  be  provided  from  the  town  of  Hooksett  or  some  other  source,  to  he 
certified  by  the  selectmen  of  the  town  of  Hooksett  to  the  governor  and 
council,  and  (2)  the  attorney  general  obtains  such  releases  and  other 
agreements  from  the  town  of  Hooksett  and  others  as  he  deems  ivecessary  to 
protect  the  public  interest.  This  appropriation  is  being  made  for  the 
purpose  of  settling  any  and  all  claims  against  the  state  which  any  party 
may  have  for  any  alleged  damage  that  may  have  resulted  from  either  the 
v;idening  of  1-93,  central  New  Hampshire  turnpike,  or  the  licensing  of  the 
Hooksett  sanitary  landfill.  Said  appropriation  shall  be  a  charge  against 
the  central  New  Hampshire  turnpike  sinking  fund.  The  appropriation  is  not 
to  he  considered  an  admission  of  liability  as  it  is  made  for  settlement 
purposes  and  w'thout  prejudice  to  the  state's  interest. 

183  State  Officers  and  Employees.  All  persons  who  are  named  as 
defendants  in  the  suit  brought  by  Arthur  Andersen  shall  be  covered  hv  the 
provisions  of  RSA  99-D  for  the  purposes  of  this  lawsuit  only. 

184  Transfer  Prohibition;  Water  Pollution  Control  Commission. 
Notv/ithstand ing  any  other  provision  of  law,  upon  the  effective  date  of  this 
section,  in  PAl'  03,05,01  (water  pollution  control  commission,  office  of  the 
comni ss ioner )   there   is   hereby   reserved   for   grants-in-aid   within   the 


HOUSE  JOURNAL  9JUN82  791 


appropriation  for  other  expenses  the  sum  of  $7,462,001  for  fiscal  year 
1982,  less  any  transfers  previously  authorized,  and  the  sum  of  $7,575,545 
for  fiscal  year  1983.  Such  sums  shall  ho  non- lapsing  and  shall  not  he 
transferred    or   expended    for    any    other    purpose. 

185  Transfer  Prohihition;  Aeronautics  Commission.  Notwithstand  inp:  any 
other  provision  of  law,  upon  the  effective  date  of  this  section,  in  PAU 
04,01    (aeronautics   commission): 

I.  There  is  hereby  reserved  for  grants  to  airport  sponsors  within 
the  appropriation  for  other  expenses  the  sum  of  $50,000  for  fiscal  year 
198?,  less  any  transfers  previously  authorized,  and  the  sum  of  $50,000  for 
fiscal  year  1983.  Such  sums  shall  he  non-lapsing  and  shall  not  be 
transferred    or    expended    for    any    other    purpose;    and 

II.  There  is  hereby  reserved  for  aircraft  operating  fee  returns 
v,-ithin  the  appropriation  for  other  expenses  the  sum  of  $19,500  for  fiscal 
year  1982,  less  any  transfers  previously  authorized,  and  the  sum  of  $19,500 
for  fiscal  year  1983.  Such  sums  shall  he  expended  by  airport  sponsors  in 
-Tccordince  vith  RSA  A22:4?,  shall  be  non-Knpsing  and  shall  not  be 
Crnnsf erred    or    expended    for    any    other    purpose. 

1 8*1  Aeronautics  Cormission;  Airport  Sponsors  and  Aircraft  Operating 
Fees. 

I.  In  administering  moneys  appropriated  for  grants  to  airport 
sponsors,  the  aeronautics  coT^nission  shall  allocate  up  to  25  percent  to 
airports  not  listed  in  the  national  airport  system  plan.  In  ma'cing 
allocations,      the     aeronautics     cornnission     shall     give     due     consideration      to 


792  HOUSE  JOURNAL  9JUN82 


airport  sponsorship  and  airport  characteristics,  including  pavement, 
aviation  services  available,  type  of  aviation  activity,  annual  aircraft 
operation,  population  served,  number  of  based  aircraft,  days  of  operation, 
and    any   other    relevant    consideration. 

II.  In  addition  to  any  other  sums  appropriated  to  the  aeronautics 
coTTmission,  10  percent  of  the  cotnini  ssion 's  income  derived  from  aircraft 
operating  fees  in  excess  of  $260,000  in  fiscal  year  1983  are  hereby 
appropriated  to  the  coTimiission  for  fiscal  year  I9S3,  to  be  expended  bv 
airport  sponsors  in  accordance  with  RSA  422:42.  Such  sums  shall  not  be 
transferred    or   expended    for    any    other    purpose. 

187  Transfer  Prohibition;  Fish  and  Game.  Notwithstanding^  any  other 
provision  of  law,  upon  the  effective  date  of  this  section,  in  PAU  03,01 
(fish  an-1  game  department^  there  is  hereby  reserved  for  the  purchase  of 
pheasants  within  the  appropriation  for  other  expenses  the  sum  of  $32,000 
for  fiscal  year  198?,  less  any  transfers  previously  authorized,  and  the  sum 
of  532,000  for  fiscal  year  1983.  Such  sums  shall  be  non-lapsing  and  shall 
not    he    transferred    or    expended    for    any    other    purpose. 

188  Notification  of  Fiscal  CoTimi  ttee .  Copies  of  documents  granting 
appropriation  transfers  authorized  by  the  comptroller  or  authorized  by  the 
governor  and  council  shall  be  submitted  to  the  fiscal  committee  of  the 
general    court    by    the    director    of   accounts   within    10   days. 

189  Repeal.  1981,  568:176  relative  to  non-lapsing  funds  for  the  water 
pollution   control    comnission    is   hereby   repealed. 

190  Police  Standards  and  Training  Facility  Appropriation.  Amend  1981, 
541:1,  2  and  3  by  striking  out  said  sections  and  inserting  in  place  thereof 
the    following: 


HOUSE  JOURNAL  9JUN82  793 


541:1       Appropriation.       The     sums     set     forth     in     this     section     are     hereby 

appropriated     for     the     construction     anH     furnishing    of    the     police     standards 

Tnd     training    council     facility    at     the    New    Hampshire     technical     institute    on 

Fan   Road    in   Concord : 

Construction   cost  $1,795,090 

Construction    supervision  35,000 

Architect    fee  113,400 

Contingency  81,000 

Furnishini^s   and    equipment  275,000 

Total   appropriation  $2,299,400 

541:2      Appropriation    from   Penalty   Assessment    Fund.      To    provide    funds    for 

the    appropriation    of    state    funds    made    available    in    section     1    of    this    act, 

there       is      hereby      appropriated       the      sum      of      $775,000       from      the       penalty 

assessment     fund    established     pursuant     to    RSA    105-A:7;     $275,000    of    this    sum 

shall    be    appropriated    to    pay    for    the    furnishings    and    equipment    described    in 

S'^ction    1    of    this    act    and    $500,000   of    this    sum    shall    be    appropriated    to    nay 

for    thp    construction    cost    of    the    facility    as    provided    in    section    1    of    this 

act.        This     sum     shall     be     appropriated      from     the     penalty     assessment      fund 

be  ("ore    .Tnv    other    sums    are    expended    or    appropriated    from    said    fund    in    fiscal 

,,r    'OS-?. 

541:3        Bonds     Authorized.        To     provide      funds      for      the     balance      of     the 

.  ■  iropr  i.ition    of    state     funds    made    Available    in    section    1    of    this     act,     the 

state    treasurer    is    hereby    authorized    to   borrow    upon    the    credit    of    the    state 

not    exceedin!»     the    sum    of    $1,524,400    and     for    said     purpose    may     issue    bonds 

.ind     notes      in     the     name     and     on     behalf     of     the     state     of    New    Hampshire     in 

accordance   v;ith    the    provisions    of    RSA   6-A. 


794  HOUSE  JOURNAL  9JUN82 


191  Centralized  Purchasing  Authority.  AmenH  RSA  8:19,  II  as  amen^e<^  by 
striking  out  said  paragraph  and  inserting  in  place  thereof  the  following: 

II.  Purchase  all  materials,  equipment  and  supplies  for  all 
departments  and  agencies  of  the  state,  including  contracting  for  the 
purchase  or  rental  of  automatic  data  processing  equipment,  except  as 
otherwise  provided  in  RSA  8:25.  All  purchasing  authority  is  herehy 
centralized  in  the  division  of  purchase  and  property; 

192  Automation  of  Purchasing.  The  director  of  the  division  of  purchase 
and  property,  department  of  administration  and  control,  shall,  upon  the 
effective  date  of  this  section,  undertake  a  program  to  provide  automation 
and  computer  support  for  all  state  purchasing  activities.  This  automation 
and  computer  support  shall  be  designed  to  eliminate  inefficiency  and 
duplication  of  effort  in  the  division's  purchasing  functions. 

193  Graphic  Services  Purchasing.  Amend  RSA  8:54,  III  (supp)  as 
inserted  bv  1977,  485:1  by  striking  out  said  paragraph  and  inserting  in 
place  thereof  the  following: 

III.  Establish,  subject  to  availability  of  funds,  operating  space 
for  the  maintenance  of  an  adequate  stock  of  paoer,  supplies  and  other 
material  necessary  for  the  efficient  operation  of  all  printing,  duplicating 
and  other  graphic  services,  provided  that  all  purchases  shall  be  made  by 
the  division  of  purchase  and  property. 

194  Repeal.  1977,  485:3  relative  to  purchases  by  the  director  of 
graphic  services  is  hereby  repealed. 


HOUSE  JOURNAL  9JUN82  795 


195  Rpriuction    Require^. 

I.  In  addition  to  any  other  reduction  required  by  laws  of  1981,  568 
or  this  act,  every  department  as  defined  in  RSA  9:1  to  which  an 
appropriation  is  made  for  fiscal  year  1983  pursuant  to  laws  of  1981,  568:1 
which  contains  a  class  line  for  personnel  services  is  hereby  authorized  and 
directed  to  reduce  its  expenditures  for  fiscal  year  1983  by  an  amount  equal 
to  5  percent  of  the  anount  in  the  class  lines  for  personnel  services  and 
said  amount  shall  lapse.  This  section  shall  not  apply  to  the  vocational 
technical  colleges  (PAU  06,03,14  through  06,03,19),  the  New  Hampshire 
technical  institute  ^PAU  06,03,13),  postsecondarv  administration  and 
support  (PAU  06,03, 12\  and  the  veterans  home. 

II.  All  departments  and  agencies  affected  by  the  additional  5 
percent  reduction  described  in  paragraph  I  shall  submit  a  plan  for  the 
imolementat  i  on  of  the  reduction  bv  June  1,  198?,  to  the  governor  and  the 
aovisorv  Sudpet  control  committee  as  established  under  RSA  9:13-a. 

III.  Exceptions  may  be  requested  by  an  agency  in  writing  to  the 
"ovornor.  An  v  cxcoDlions  grnn-ed  bv  the  ;:overnor  shall  be  transr"itted  to 
CTt?   advisory   b-idgot   control   committee   for   its   concurrence.    If   the 

ommitt<^e  concurs,  the  governor  is  authorized  to  draw  his  warrants  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

196  Appropriation  Allocated;  Board  of  Tax  and  Land  Appeals.  The 
comptroller  shall  allocate  the  sums  appropriated  to  the  boarH  of  tax  and 
land  appeals  (PAU  01,11,01)  in  section  1  of  this  act  for  fiscal  vear  1983 
between  the  board  of  taxation  and  the  eminent  domain  commission  in  the  same 
ratio  that  the  appropriation  for  each  such  agency  in  fiscal  vear  1982  bears 


796  HOUSE  JOURNAL  9JUN82 


to    the    total    of    their    appropriations  in    fiscal    vear    1982.  On    the    effective 

date    of    section    88   of    this    act,    saiH  appropriations    shall  be    transferred    to 
the   hoard    of    tax    and    land    appeals. 

197       Revised     Revenue     Estimates.  Amend     1981,     568:158  by     striking    out 
said    section    and    inserting    in    place    thereof    the    followinst 

568:158      Estimates    of  Unrestricted  Revenue. 

General    Fund  1982  1983 

Beer  $      6,750,000  $      6,975,000 

Board    &    Care  17,075,000  19,300,000 

Business    Profits    Tax  79,625,000  83,300,000 

Estate    4    Legacy   Taxes  8,800,000  9,100,000 

Insurance  16,600,000  18,575,000 

Intangible    Tax  1^,000,000  16,000,000 

Liquor  44,800,000  46,950,000 


HOUSE  JOURNAL  9JUN82  797 


Meals    and    Rooms   Taxes  3?, 700,000                           36,925,000 

Parks    Income  3,960,000                              3,750,000 

Dog   Racing  10,200,000                          10,200,000 

Harness    Racing  150,000                                  400,000 

Real   Estate  Transfer  Tax  6,A00,000                            6,900,000 

Telephone  3,100,000                            8,600,000 

Tobacco  26,500,000                          26,500,000 

Utilities  1,400,000                             1,400,000 

Other  20,500,000                          23,575,000 

Sale  of  Realty  6,200,000 

Sweepstakes   Revenue  1,100,000                            3,850,000 

Total  $298,660,000                     $333,450,000 

Highway  Fund  1982                                     1983 

Gasoline   Road  Toll  $   58,150,000                     $    56,825,000 

Motor  Vehicle  Fees  30,850,000                          30,800,000 

Miscellaneous  2,225,000                            2,450,000 

Total  $   91,225,000                     $    90,075,000 

Fish   and    Game   Fund  1982                                        1983 

Fish    and   Game   Licenses  $      2,825,000                     $      3,075,000 

Fines   and   Penalties  25,000                                   25,000 

Miscellaneous   Sales  65,000                                   65,000 

Indirect   Costs  100,000                                 100,000 

Total  3,015,000                            3,265,000 

198         Appropriation;       Adjutant       General.  In       addition       to      any      other 

J  ripropr  ia  t  i  ons ,     Che    sum    of    $727,  514  is    herehv    appropriated    to    the    adjutant 

general,     PAU    02,02,01,      for      fiscal  year     1982,      for     fuel     and     other     energy 

.eeds.      Of    the    sum    appropriated,    $161,379    shall    he    from    general     funds,     and 

$^1,135    shall    be    from    other    funds.  Said    funds    shall    not    be    transferred    or 

expended     for     any     other    purpose.       The     governor     is     authorized     to     draw    his 

w.irrants    for    said    funds. 

1.99     Effective   Date. 

I.  Sections    70   and    93   of    this  act    shall    take   effect    July    1,    1981. 

II.  Sections      67,      68,      and  69     of      this      act      shall       take      effect 
September    1,    1931. 


798  HOUSE  JOURNAL  9JUN82 


in.      Sections    31,    71,     112,    and    176-181    of    this    act    shall    take    effect 
July    1,    1982. 

IV.  Section   95    of    this    act    shall    take   effect   July    1,    1982,    and    shall 
apply    to  quarterly   installments   due   and   payable   after  July    1,    1982. 

V.  Sections    73-88    and    92    of    this    act    shall    take    effect   December   31, 
1982. 

VI.  Section  72   of   this   act    shall    take   effect  July   1,    1983. 

VII.  The   remainder  of   this    act   shall    take   effect   upon    its   passage. 


HOUSE  JOURNAL  9JUN82  799 


200   Implementation  Fund.   Amend  section  167,  paragraph  II  of  this  act 

by  striking  out  said  paragraph  and  inserting  in  place  thereof  the  following: 

II.   There  is  hereby  established  a  special  fund  to  be  known  as  the 

implementation  fund.   Said  fund  shall  be  expended  for  one  time  costs  to 

enable  departments   to   implement   the   recommendations  of   the  Governor  s 

Management  Review,  Inc.   The  moneys  in  said  fund  shall  be  transferred  to 

the  various  departments  for  expenditure  by  the  governor  with  the  approval 

of  the  advisory  budget  control  committee  upon  its  determination  that  said 

department  requires  such  moneys  to  implement   the  Governor's  Management 

Review,  Inc .  '  s  recommendation.   There  is  hereby  appropriated  to  said  fund 

the  sum  of  $245,100,  which  shall  not  lapse  until  June  30,   1983.   The 

governor  is  authorized  to  draw  his  warrant  for  said  sum  out  of  any  money  in 

the  treasury  not  otherwise  appropriated.   There  is  hereby  appropriated  to 

said  implementation  fund  such  additional  sums  from  the  highway  fund,  fish 

and  game  fund  and  other  special  funds  as  may  be  needed  to  transfer  to 

departments  funded  by  such  restricted  revenues.   The  governor  is  authorized 

to  draw  his  warrants  for  said  sums  which  shall  be  a  charge  against  the 

appropriate  fund.   Any  balance  in  said  fund  on  June  30,  1983,  shall  lapse. 

201   Additional  Appropriations. 

I.   In  addition  to  any  other  appropriations,  the  following  sums  are 

hereby  appropriated  for  fiscal  year  1982: 

Administration  and  Control  (PAU  01,04,06) 

Indigent  Defense  $   600,000 

This  sum  shall  be  from  general  funds. 


800  HOUSE  JOURNAL  9JUN82 


II.  In  addition  to  any  other  appropriations,  the  following  sums  are 

hereby  appropriated  for  fiscal  year  1983: 

Liquor  Commission  (PAU  02,13,04)  $  500,000 

State  Prison  (PAU  02,17,01)  500,000 

Department  of  Safety  (PAU  02,16,05)  722,359 
State  Treasury  (PAU  01,10,03) 

Debt  Service  1,000,000 

Business  Profits  Distribution  1,760,518 

Savings  Bank  Distribution  5,200,000 

Rooms  and  Meals  Distribution  8,900,000 

Of  the  sums  appropriated  for  the  department  of  safety,  $88,746  shall  be 
from  general  funds,  $576,025  shall  be  from  highway  funds,  and  $57,588  shall 
be  from  the  central  and  eastern  New  Hampshire  turnpike  funds  as  follows: 
Central  New  Hampshire  Turnpike  fund  -  $33,977;  Blue  Star  Turnpike  fund  - 
$14,973;  Spaulding  Turnpike  fund  -  $8,638.  Of  the  sums  appropriated  for  the 
liquor  commission,  state  prison,  and  state  treasury,  $17,860,518  shall  be 
from  general  funds. 

III.  The  governor  is  authorized  to  draw  his  warrants  for  the  funds 
appropriated  by  this  section  out  of  the  appropriate  funds. 

202  Revised  Estimates.  Amend  section  197  of  this  act  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following: 

197  Revised  Revenue  Estimates.  Amend  1981,  568:158  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following: 

568:158  Estimates  of  Unrestricted  Revenue. 

General  Fund  1982  1983 

Beer  $  6,000,000  $  6,975,000 

Board  &  Care  17,075,000  19,300,000 

Business  Profits  Tax  79,625,000  82,300,000 

Estate  &  Legacy  Taxes  9,600,000  10,000,000 

Insurance  16,925,000  18,575,000 


HOUSE  JOURNAL  9JUN82  801 


Intangible  Tax  14,750,000  16,750,000 

Liquor  43,800,000  45,700,000 

Meals   and   Rooms  Taxes  41,600,000  46,270,000 

Parks   Income  4,610,000  3,750,000 

Dog  Racing  7,100,000  7,100,000 

Harness   Racing  150,000  400,000 

Real  Estate  Transfer  Tax  5,400,000  6,400,000 

Telephone  7,250,000  8,600,000 

Tobacco  26,500,000  26,500,000 

Utilities  700,000  1,400,000 

Other  21,500,000  26,375,000 

Sale   of  Realty  6,200,000 

Sweepstakes  Revenue  1,100,000  3,850,000 

Savings   Bank  Tax  5,200,000  5,200,000 

Total  $308,885,000  $341,645,000 

Highway  Fund  1982  1983 

Gasoline   Road  Toll  $    58,150,000  $   56,825,000 

Motor  Vehicle  Fees  30,850,000  30,800,000 

Miscellaneous  2,225,000  2,450,000 

Total  $   91,225,000  $    90,075,000 

Fish  and   Game  Fund  1982  1983 

Fish   and  Game  Licenses  $      2,825,000  $      3,075,000 

Fines    and  Penalties  25,000  25,000 

Miscellaneous  Sales  65,000  65,000 

Indirect   Costs  100,000  100,000 

Total  3,015,000  3,265,000 

203   Distribution;  Change.   Amend  section  63  of  this  act  by  striking  out 

said  section  and  inserting  in  place  thereof  the  following: 

63   Change  in  Time  for  Distribution.   Amend  RSA  84:16-e  as  inserted  by 

1961,  249:1  as  amended  by  striking  out  said  section  and  inserting  in  place 

thereof  the  following: 

84:16-e   Distribution.   The  commissioner  of  revenue  administration  shall 

certify  to  the  state  treasurer,  on  or  before  September  1  after  payment  of 

the  taxes  has  been  received,  the  amount  to  be  paid  to  each  town  in  the 


802  HOUSE  JOURNAL  9JUN82 


state  in  which  depositors,  shareholders  or  stockholders  of  any  such 
corporation  reside,  of  the  taxes  so  assessed  upon  any  such  corporations 
with  respect  to  the  dividends,  shares  and  stock  of  residents  of  such 
towns.  Such  distribution  shall  be  made  among  the  respective  towns,  in 
amounts  proportional,  as  closely  as  reasonably  possible,  to  the  amount  of 
all  savings  and  special  deposits,  shares  and  capital  stock  belonging  to  the 
residents  of  each  such  town,  as  determined  by  the  commissioner  of  revenue 
administration.  The  amount  appropriated  for  this  purpose  shall  be 
distributed  to  the  respective  towns  by  the  state  treasurer.  The  annual 
appropriation  for  distribution  under  this  section  shall  be  based  upon  the 
agreed  upon  legislative  revenue  projections.  A  portion  of  such  taxes  shall 
be  retained  in  the  state  treasury  and  applied  against  the  cost  of 
examination  and  supervision  of  the  bank  commissioner  as  provided  in  RSA 
383:9,  and  shall  be  set  at  the  fiscal  year  1981  level;  and  an  amount  shall 
be  retained  and  expended  for  the  purpose  of  RSA  198:8  to  15,  and  shall  be 
set  at  the  fiscal  year  1981  level. 

204  Distribution  Changed.  Amend  RSA  78-A:23  (supp)  as  inserted  by 
1967,  213:1  as  amended  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

78-A:23  Disposition  of  Funds.  The  department  of  revenue  administration 
shall  pay  over  all  funds  collected  under  this  chapter  to  the  state 
treasurer,  as  unrestricted  revenue.  On  or  before  October  1  of  each  year, 
the  department  of  revenue  administration  shall  determine  the  cost  of  the 
administration  of  this  chapter  fo  the  fiscal  year  ending  on  the  preceding 
June  30  and  it  shall  notify  the  state  treasurer  of  these  costs  by  a  report 


HOUSE  JOURNAL  9JUN82  803 


certified  by  it  as  to  its  correctness.   After  deducting  the  costs  of  the 

administration  of  the   chapter   from  the   total  income  and  on  or  before 

October  15  of  each  year,  the  treasurer  shall  distribute  the  appropriated 

amount  for  this  purpose  to  the  towns  and  cities  according  to  an  equalized 

formula  calculated  by  taking  for  each  city  and  town  the  amount  of  local 

property  taxes  assessed,  including  current  distribution  of  state  revenues 

to  local  government,  exclusive  of  education  funds;  dividing  that  sum  by  the 

local  equalized  valuation  as  determined  by  the  commissioner  of  revenue 

administration;   and  multiplying  the   result  by  the   local  population  to 

produce  an  equalizing  factor  for  each  city  and  town.   Such  equalizing 

factors  shall  be  added  together  to  produce  a  total  state  sura.   Each  local 

equalizing  factor  shall  be  divided  by  the  total  state  sum  to  produce  for 

each  city  and  town  a  normalized  factor.   Each  such  normalized  factor  shall 

be  multiplied  by  the  total  amount  of  revenue  to  be  shared  by  the  cities  and 

towns  to  produce  the  annual  share  for  each  city  or  town.   The  annual 

appropriation  for  distribution  shall  be  based  upon  not  less  than  3/14  of 

the   total   legislative   projected   revenue   less   the   projected   costs   of 

administration  under  this  section.   Provided,  however,  that  no  city  or  town 

shall  receive  under  the  provisions  of  this  section  an  amount  less  than  75 

percent  of  its  1976  distribution  under  this  section.   The  funds  of  any  such 

adjustment  shall  be  provided  by  a  pro  rata  reduction  in  the  amounts 

distributed  to  those  cities  and  towns  otherwise  receiving  more  than  the 

1976  distribution. 


804  HOUSE  JOURNAL  9JUN82 


205  Additional  USNH  Appropriation.  The  sura  of  $1,300,000  is  hereby 
appropriated  to  the  trustees  of  the  university  system  of  New  Hampshire  for 
the  fiscal  year  ending  June  30,  1983,  to  provide  salary  increases  and 
fringe  benefits.  Said  appropriation  is  in  addition  to  all  other  sums 
appropriated  to  the  university  system.  The  governor  is  authorized  to  draw 
his  warrant  for  said  s<um  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

206  Minimum  BPT;  Effect  of  Repeal.  Section  71  of  this  act,  amending 
the  minimum  business  profits  tax,  shall  be  null  and  void.  All  persons  who 
are  liable  for  the  tax  under  RSA  77-A:2-a  as  of  June  30,  1982,  who 
thereafter  become  exempt  from  such  tax  because  of  the  passage  of  this  act 
shall  make  a  return  of  such  tax  due  the  conmissioner  of  revenue 
administration  in  such  manner  and  on  such  forms  as  the  commissioner  shall 
prescribe.  The  state  of  New  Hampshire  shall  not  be  liable  to  pay  interest 
to  any  person  for  payments  made  pursuant  to  RSA  77-A:2-a  which  shall  be 
refunded  as  a  result  of  the  passage  of  this  act. 

207  Section  199  Void.  Section  199  of  this  act,  relative  to  an 
effective  date,  shall  be  null  and  void. 

208  Handicapped  Education.  Amend  section  29  of  this  act  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 

29  Handicapped  Education.  Other  provisions  notwithstanding,  the 
balance  of  $486,287  carried  forward  from  fiscal  year  1980  and  $1,650,000  of 
the  balance  carried  forward  from  fiscal  year  1981  for  handicapped  education 
shall  lapse  on  the  date  of  the  passage  of  this  act.   The  payments  to  local 


HOUSE  JOURNAL  9JUN82  805 


school  districts  for  the  catastrophic  programs  for  the  fiscal  year  ending 
June  30,  1982,  shall  be  paid  subsequent  to  July  1,  1982,  from  fiscal  year 
1983  appropriations  upon  presentation  of  required  approvable  documentation. 
209  Effective  Date. 

I.  Sections  70  and  93  of  this  act  shall  take  effect  July  1,  1981. 

II.  Sections   67,   68,   and   69   of   this   act   shall   take   effect 
September  1,  1981. 

III.  Sections  31,  72,  112,  and  176-181  of  this  act  shall  take  effect 
July  1,  1982. 

IV.  Section  95  of  this  act  shall  take  effect  July  1,  1982,  and  shall 
apply  to  quarterly  installments  due  and  payable  after  July  1,  1982. 

V.  Sections  73-88  and  92  of  this  act  shall  take  effect  December  31, 
1982. 

VI.  The  remainder  of  this  act  shall  take  effect  upon  its  passage. 


806 


HOUSE  JOURNAL  9JUN82 


Amendment  adopted. 

Rep.   Kidder  offered   an   amendment. 

Amend  the   bill  by  striking  out  section 
209  and   inserting  in  place   thereof  the 
following: 

209  Corporation  Fees.      Amend  RSA 
293-A:13t-a   (supp)   as  inserted   by   1981, 
568:89   by  striking  out  said  section  and 
inserting  in  place  thereof  the   following: 

293-A:13^-a     Collection  of  Fees; 
Administration. 

I.  The   secretary  of  state   shall 
collect  all   fees  required  under  this  chapter 
and  shall  pay   them  to   the   state   treasurer  to 
be  deposited   in  the  general  fund  as 
unrestricted   revenue,    except  as  provided   in 
paragraph  II. 

II.  The  state   treasurer  shall  pay 
the  expenses  of  administering  this  chapter 
out  of  any  money  in  the   treasury  not 
otherwise  appropriated  until   the   fees 
collected  pursuant   to  RSA  293-A:13'<,    I,    have 
been   received  by  him.     Thereafter  he  shall 
pay  the  expenses  of  administering  this 
chapter  out  of  the   fees  collected  under  RSA 
293-A:13'<,    I,    and  shall   reimburse   the 
treasury  for  previous   expenses  paid   by   him. 
The  governor   is   authorized   to   draw  his 
warrant   for  the  sums  authorized  by   this 
section  out  of  any  money  in  the   treasury  not 
otherwise  appropriated. 

210  Comptroller  to  Transfer.     The 
comptroller  shall  transfer  the   fees 
collected  under  RSA  293-A:13'*-a   from 
restricted   to  unrestricted   funds  prior  to 
the  certification  date   for  the   surplus 
available   for  a   state   employee   pay   raise. 

211  Validation   of  Contoocook  Valley 
School  District  Meeting.     The   proceedings  at 
the  annual  meeting  of  the  Contoocook  Valley 
school  district  held  on  March  3,    1982, 
authorizing   the   borrowing  of  $500,000    for 
the  purchase  of  school  buses  are  hereby 
validated  and  confirmed    in  all   respects,    and 
the  school  board   is  authorized   to   issue 
$600,000  of  bonds  or  notes  under  the 
municipal  finance  act. 

212  Number  Plates   for  Person   with 
Walking  Disability.     Amend  RSA  261:88,    I  and 
II   (supp)   as  inserted   by   198I,    146:1   as 
amended   by  striking  out  said  paragraphs  and 
inserting  in  place  thereof  the   following: 

I.     The  director  shall  design  and 
issue,    with  approval   of  the   commissioner, 
special  number  plates  and  shall  make 
available  such   plates  as  an   optional  number 
plate   to  be  used  on  motor  vehicles  owned  by 
a  person   with  a  walking  disability  or   owned 
by  a  relative  of  a  person  with  a  walking 
disability  who   is  a  resident  of  this  state 
and  who   is  dependent  on   the  owner  of  the 
motor  vehicle  as  his  primary  means  of 
transportation.      The   person   with   the   walking 
disability  or   the   owner  of  the   motor  vehicle 
shall   furnish  the   director  satisfactory 
proof  of  the  walking  disability,   of  the 
relationship  between  the  owner  and  the 
person   with   the   walking  disability  and   of 
the  dependency  of  such  person  on  the  owner 
as  his   primary  means   of  transportation. 
Upon   request   and    for  a   fee  of  $1    per   plate, 
the  director  shall  exchange  such  special 
plates  for  regular  plates  currently  Issued 


to  a  person  or   the   relative  of  a  person  who 
qualifies  for  special  plates.      In  lieu  of 
special  plates,    a  person  or  the   relative  of 
a  person  who  would  qualify  for  such  plates 
may  upon    request    receive  without   charge  a 
decal  incorporating  the   international 
accessibility  symbol.     The  size  of  the  decal 
shall  be  the  same  size  as  the   registration 
decal,    and  shall  be  placed   on   the   lower 
right-hand  corner  of  the  number  plate.     The 
decal  shall  be  valid  for  as  long  as  the 
plate   to   which   it   is  affixed  shall  be  issued 
to  the  person  or  the   relative  of  the  person 
with  such  disability,    provided   the  disabling 
condition  which  necessitated   it  continues. 

II.     Upon  application  the 
department   shall   furnish  without  charge  a 
tag  or  card   to  a  person  with  a  walking 
disability  who   furnishes  satisfactory  proof 
of  such  disability  to  the   director.     This 
tag  or  card  may  be  attached   to   the  visor  or 
otherwise   of  a  motor   vehicle   so   that   it  may 
be  read   through   the  windshield  when  such 
motor  vehicle   is  parked.     Such  tag  or  card 
shall  be  issued   in  lieu  of  a  decal  or 
special  plates   if  the  applicant  with  a 
walking  disability   is   not   the   owner  of  a 
motor  vehicle  or   is  not  a  relative  of  the 
owner  of  a  motor  vehicle  who  qualifies  for 
special  plates  under  paragraph  I  or  does  not 
have  a  license  to  drive  a  motor  vehicle. 
The   tag  or  card   shall  be  of  such  design  as 
the  director  shall  determine;    provided, 
however,    that  said  design  shall   incorporate 
the   international  accessibility  symbol. 

213     Salary  Increases.      Amend   section 
169  of  this  act  by  striking  out  said  section 
and   inserting  in  place  thereof  the   following: 

169     Implementation  of  Programs  and 
Priorities. 

I.  Committee  Established.     There 
is  hereby  established  a  special  committee  on 
revenue  and   fund   balance  certification  which 
shall  consist  of  3  members  of  the  senate 
appointed   by   the  president  of  the   senate  and 
3  members  of  the  house  of  representatives 
appointed   by   the   speaker  of  the  house.     Said 
committee  shall  choose  one  of  its  members  as 
chairman.     The  state   comptroller  and  the 
legislative  budget  assistant   shall   jointly 
file  with  said  committee  on  or  before  July 
14,    1982,    a  financial  statement   for  the 
general  fund,    the  highway  fund  and  the  fish 
and  game  fund  showing  the   revenues  to  date 
and   the  estimated   revenues   for  the  balance 
of  the   fiscal  biennium  and   the  availability 
of  other  funds   in  each  such   fund  which  are 
available  to  be  used   to   fund  programs  or 
priorities  as  provided  herein.      In  addition, 
such  statement   shall   identify  the   funds 
available   in  each  fund  which  were  or  will  be 
realized  from  the  implementation  of  the 
recommendations  of  the  Governor's  Management 
Review,    Inc.      In  the   event   that   the 
comptroller  and   the    legislative   budget 
assistant  are  unable  to  agree  as  to   the 
revenues   received,    the   projected   revenues 
for   the   balance   of  the   fiscal   biennium,    the 
availability  of  other   funds  or  the  amount  of 
funds   in  each   fund   identifiable  as  being 
realized   from  the   implementation  of  the 
recommendations  of  the  Governor's  Management 
Review,    Inc.,    each  shall   file  a  separate 
statement. 

II.  General  Fund  Priorities. 
Based  upon  the   information  supplied   by  the 


HOUSE  JOURNAL  9JUN82 


807 


comptroller  and   the   legislative  budget 
assistant,    the  committee  shall  certify 
whether  there  will   be  sufficient   revenues  or 
other  general  fund   funds  available  to 
implement  the   following  programs  and 
priorities,    provided   that   said   programs   and 
priorities  shall  be  implemented   in  the 
following  order,    and   provided    further   that 
if  said  committee  certifies  that   there  will 
be  sufficient   revenues  or  other  general 
funds  available,    said   programs   and 
priorities  shall  be  implemented: 

(a)     Program  and   Priority 
Number   1 .      Salary  Increases.      In   the   event 
that   the  committee  certifies  that   there  are 
sufficient   funds  available,    the   following 
actions  shall  be   implemented: 

(1)  Salary  Increases. 
Commencing  on  July   15,    1982,    or  on  such  date 
as  determined  under  subparagraph   (6)  of  this 
section,    the  salary  of  every  classified, 
unclassified,    judicial  and   legislative  state 
employee  shall   be  increased   by  an  amount   to 
be  determined   by  the   following  procedure: 

(A)  The  executive, 
through  the  state  negotiating  committee,    and 
the  state  employee  organization  certified  as 
the   representative  thereof  shall   reopen 
negotiations  to  consider  an  agreement   for 
fiscal  year  1983-      Said  renegotiation  shall 
be  limited  to  the  amount  of  the   fiscal  year 
1983  salary  increase.      If  any  agreement 
which  is   reached  as  a  result  of  such 
renegotiation,    including  a  like   increase   for 
unclassified,    judicial  and   legislative 
employees,    will  be  funded  within  the   limits 
of  the  available  balances  determined  by 
paragraph  I,    then  said  agreement   shall  be 
funded   by   the  available  balances  and   is 
hereby  specifically  approved   by   the 
legislature.      If  the  cost  of  said  agreement 
exceeds  the   limits  of  the  available 
balances,    the  state  negotiating  committee 
shall  present  such  agreement  to   the  general 
court   for  subsequent   legislative  action. 

(B)  The  director  of 
legislative  services   is  hereby  directed   to 
change  the  salary  schedules  and   tables  and 
introductory   paragraphs   in  RSA   9'*:1-a,    RSA 
99:1-a  and  RSA  491-A:1   to  reflect  the 
increase  provided   for  herein,    and  said 
schedules  and   tables  and  paragraphs  are 
hereby  so  amended  commencing  on   the 
appropriate   date. 

(2)  Appropriation    for 
Unclassified  Employees,    Legislative 
Employees,    and  Judicial  Salary  Increases. 
In  addition   to  any  other  sums  previously 
appropriated,    there  are  hereby  appropriated 
for  the   fiscal  year  ending  June  30,    1983, 
for  the  salary  increases  for  the 
unclassified  state  employees  and   judicial 
and   legislative  salary  increases  as  provided 
in  this  act  the  following  sums:      $560,849 
from  the  general  funds  of  the   state,    $59,125 
from  the  highway  fund,    $2,884   from  the   fish 
and  game  fund,    $25,300   from  federal  funds, 
and  $48,550   from  self-sustaining  funds.     The 
governor  is  authorized  to  draw  his  warrants 
for  the  sums  hereby  appropriated. 

(3)  Appropriations    for 
Retirement   and  OASI.      In  addition   to  any 
other  sums  previously  appropriated,    there 
are  hereby  appropriated   for  the   fiscal  year 
ending  June  30,    1983,    for  retirement  and 
OASI  for  unclassified  state  employees. 


legislative  employees  and   judicial  officers 
the    following   sums:      $16,808    from   the 
general  funds  of  the  state,    $1,773  from  the 
highway  fund,    $86   from  the   fish  and  game 
fund,    $742   from   federal   funds  and  $1,456 
from  self-sustaining   funds.      The  governor   is 
authorized  to  draw  his  warrants   for  the  sums 
hereby  appropriated. 

(4)  Appropriation  for 
Classified  State  Employees'   Salary 
Increase.      In  addition  to  any  other  sums 
previously   appropriated   there   are   hereby 
appropriated    for   the   fiscal  year  ending  June 
30,    1983,    for   the   salary   increases   for 
classified  state   employees   the   following 
sums:      $8,162,779   from  the  general   funds  of 
the  state,    $3,053,619  from  the  highway  fund, 
$214,965   from   the    fish  and   game   fund, 
$2,379,645   from  federal   funds  and  $596,455 
from  self-sustaining  funds.     The  governor  is 
authorized  to  draw  his  warrants   for  the  sums 
hereby  appropriated. 

(5)  Appropriation  for 
Retirement   and  OASI.      In  addition   to   any 
other   sums  appropriated    for   retirement   and 
OASI   for   the   salary   increases   for   classified 
employees   provided   for  herein   for   the    fiscal 
year  ending  June  30,    1983,    the   following 
sums  are  appropriated:      $756,763   from  the 
general   funds   of   the   state,    $285,228    from 
the   highway   fund,    $20,180    from   the   fish  and 
game  fund,   $216,989   from  federal   funds  and 
$55,196    from  self-sustaining  funds.      The 
governor   is   authorized   to   draw  his   warrants 
for  the   sums  hereby  appropriated. 

(6)  Comptroller  to 
Certify.      The   sums  authorized   by   this 
section   shall   be  appropriated   only   if,    on 
July    14,    1982,    the   comptroller,    after 
consultation   with  and    the   approval  of  the 
fiscal  committee  of  the  general  court,    shall 
certify  to   the  governor  and  council  that   the 
projected   surplus   of  all   the   applicable 
funds   for   the   end   of  the   biennium  are,    in 
and  of  themselves   individually,    sufficient 
to  fund   said  appropriations.     The 
comptroller  may,    after  consultation  with  and 
the  approval  of  the   fiscal  committee,    set  an 
effective  date   other  than  July   14,    1982,    for 
the   salary   increases  authorized   by   this 
section,    such   that   the  available  surplus 
shall  be  sufficient   to   fund   that  proportion 
of  the  appropriation   for  the   remainder  of 
the   fiscal  year   following  such  effective 
date.      In  making  such  certification,    the 
comptroller  shall   identify,    by  fund,    the 
reduced  expenditures  or   increased   revenues 
to  be  realized  within  this  biennium. 
Subject  to  the   foregoing  provisions  of  this 
paragraph,    the  comptroller  is  hereby 
authorized  and  directed   to  allocate   the  sums 
appropriated  by   this  act  for  salary 
increases  to   the   various  program 
appropriation  units  on  the  same  ratio  that 
the  appropriation   in  each  PAU   for  personnel 
services  bears   to   the   total  appropriation 
for  personnel  services. 

(7)  University  System. 
The   trustees   of  the   university   system  of  New 
Hampshire  shall  be  authorized   funds  to 
provide  the  same  salary  increase  or 
increases  as  are  provided  to  classified 
state  employees   if,    before  July   14,    1982, 
the  chancellor  shall  provide  evidence  to  the 
comptroller  of  sufficiently  reduced 
expenditures  or  increased  revenues   to  be 


808 


HOUSE  JOURNAL  9JUN82 


realized  within  the  university  system  within 
the   biennium  to   fund  an   appropriation    for 
that   purpose;   and   further,    the  appropriation 
made   in  this  paragraph  shall  be  appropriated 
only   if,    on  July    14,    1982,    the   comptroller, 
after  consultation  with  and  approval  of  the 
fiscal  committee  of  the  general  court,    shall 
certify  to   the  governor  and  council  that,    in 
addition   to   the   projected   surplus   required 
by  subparagraph   (6),    there   is  a  sufficient 
projected  surplus  in  the  general  fund   to 
fund  any  difference   between  the  amounts 
realized  by  the  efficiencies  within  the 
university  system  and   the   total  required. 
In  making  such  certification,    the 
comptroller  shall   identify   the   reduced 
expenditures  or  increased   revenues   to   be 
realized  within  the  university  system  within 
the  biennium  by  July   14,    1982.      Subject  to 
these  provisions,    the  comptroller   is 
authorized  to  allocate   the   sum  required   to 
fund   the  pay   increase  authorized   by   this 
paragraph  to  the   trustees  of  the  university 
system  of  New  Hampshire,    and  that  sum  is 
hereby  appropriated.      The  governor   is 
authorized   to   draw  his   warrant   for   said   sum 
out  of  any  money   in  the   treasury  not 
otherwise  appropriated. 

(b)     Program  and  Priority 
Number  2.     Minimum  BPT.      In  the  event   that 
the  committee  certifies  that   there  are 
$6,000,000    in  general   funds  available,    RSA 
77-A:2-a   relative   to  the  minimum  business 
profits   tax  shall  be  and  hereby   is   repealed 
effective  July   1,    1982. 

III.     General  Provision.     Except  as 
otherwise  provided,    no  program  and  priority 
provided   for   in  paragraph  II  of  this  section 
shall  be  implemented  unless   the   program  and 
priority  with  the  next   lower  number  has  been 
fully   implemented.     Except  as  otherwise 
provided,    no  sum  shall  be  expended  or 
encumbered   for  any  program  and  priority 
unless   the  committee   finds  and  certifies 
that   there   is  sufficient   revenue  or 
available  funds  to   fully  implement  such 
program  and   priority.      All   sums   certified    by 
the  committee  as  available  to   implement  such 
programs   and   priorities  are   hereby 
appropriated  and   the  governor  is  authorized 
to  draw  his  warrants   for  said  sums  which 
shall  be  a  charge  against   the  appropriate 
fund. 

21I4     Reporting  of  District  and  Municipal 
Court  Receivables.     Notwithstanding  any 
other  provisions  of  statutory  or  session 
law,    all  municipal  and  district  courts  are 
hereby  directed   to  provide  a  complete 
accounting  of  all  amounts  due   to   the  state 
but  uncollected  which  constitute  accounts 
receivable  for  court   fines  to   the  department 
of  safety  within   10   calendar   days  of  the 


closing  of  the  state's   1983  fiscal  year. 
These  accounts   receivable  shall  be  reported 
by   the  department  of  safety  to  the  director 
of  the  division  of  accounts  no   later  than 
4:00   p.m.    on  July   14,    I983.      Beginning  July 
1,    1983,    the  department   of  safety  is  hereby 
directed   to  maintain  complete  and  accurate 
records   for  reporting  of  the  accounts 
receivable  due   to   the  state   for  court   fines 
in  each  succeeding  year. 

215  Temporary,    Seasonal,    Part-Time 
Benefits   Suspended.      Notwithstanding  other 
provisions  of  law  and  personnel  department 
regulations,    no  benefits  other  than  the 
employer  share  of  FICA,    and  applicable 
unemployment   compensation  and  workman's 
compensation  provisions  shall  be  granted  to 
any  temporary,    seasonal,    or  part-time  state 
employee  as  defined   in  RSA  98-A  effective 
July    1,    1982.      The   comptroller  shall,    no 
later   than  June  30,    1982,    after  consultation 
with  appropriate   department   heads,    determine 
the  savings   in  each  agency  that  will   result 
from  this  action  and   these  amounts  shall 
lapse  to   the  appropriate   fund   from  each 
affected  agency. 

216  Tramway  Fund.     Notwithstanding  the 
provisions   of  RSA  227:5,    the  $200,000 
emergency  expenditure  surplus   in  the  Cannon 
Mountain  Aerial  Tramway  Fund   shall   lapse  to 
the  general  fund  on  June  30,    1982. 

217  Effective  Date. 

I.  Sections  70  and  93  of  this  act 
shall   take  effect  July   1,    198I. 

II.  Sections  67,    68,   and  69  of 
this  act  shall  take  effect  September  1,    198 1. 

III.  Section  209  of  this  act  shall 
take  effect  February   1,    1982. 

IV.  Sections  31,    72,    112,    and 
176-181  of  this  act  shall  take  effect  July 
1,    1982. 

V.  Section  95  of  this  act  shall 
take  effect  July   1,    1982,   and   shall  apply  to 
quarterly  installments  due  and  payable  after 
July   1,    1982. 

VI.  Sections  73-88  and  92  of  this 
act  shall  take  effect  December  31,    1982. 

VII.  The   remainder  of  this  act 
shall   take  effect  upon  its  passage. 

Amend   section  202  of  the  bill  by 
striking  out  same  and   inserting  in  place 
thereof  the   following: 

202     Revised  Estimates.      Amend  section 
197  of  this  act  by  striking  out  said  section 
and   inserting  in  place  thereof  the   following: 

197  Revised  Revenue  Estimates.  Amend 
1981,  568:158  by  striking  out  said  section 
and   inserting  in  place   thereof  the   following: 

568:158     Estimates  of  Unrestricted 
Revenue. 


General  Fund 


1982 


1983 


Beer 

Board  &  Care 

Business  Profits  Tax 

Estate  &  Legacy  Taxes 

Insurance 

Intangible  Tax 

Liquor 

Meals  and  Rooms  Taxes 

Parks  Income 


6,000,000 
17,075,000 
79,625,000 

9,600,000 
16,925,000 
14,750,000 
43,800,000 
41,600,000 

4 , 8  10 ,  000 


6,975,000 
19,300,000 
82,300,000 
10,000,000 
18,575,000 
16,750,000 
45,700,000 
46,270,000 

3,750,000 


HOUSE  JOURNAL  9JUN82 


809 


Dog  Racing 

Harness  Racing 

Real  Estate  Transfer  Tax 

Telephone 

Tobacco 

Utilities 

Other 

Sale  of  Realty 

Sweepstakes  Revenue 

Savings  Bank  Tax 


Highway  Fund 

Gasoline  Road  Toll 
Motor  Vehicle  Fees 
Miscellaneous 


Fish  and  Game  Fund 

Fish  and  Game  Licenses 
Fines  and  Penalties 
Miscellaneous  Sales 
Indirect  Costs 


Total 


7,100,000 

150,000 

5 , 400 , 000 

7,250,000 

26 , 500 , 000 

700 , 000 

21,500,000 

1,100,000 
5 , 200 , 000 

$309,085,000 

1982 

$  58,150,000 

30 ,  850 ,  000 

2,225,000 

$  91,225,000 

1982 

$     2,825,000 

25,000 

65 , 000 

100,000 

3,015,000 


$  56,825,000 

30,800,000 

2,450,000 


$  3,075,000 
25 , 000 
65,000 
100,000 

3,265,000 


Reps.  Kidder  and  David  Campbell  spoke  in 
favor  of  the  amendment  and  yielded  to 
questions. 

Rep.  Spirou  spoke  against  the  amendment. 

Rep.  Townsend  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS  207   NAYS   104 

YEAS  207 

BELKNAP:  Birch,  Gary  Dionne,  French,  Earle 
Hardy,  Holbrook,  Lamprey,  Christina  O'Neill, 
Pearson,  Randall,  Rich,  Rollins  and  Sanders. 

CARROLL:   Barringer,  Esther  Davis, 
Dickinson,  Heath,  Howard,  Kenneth  MacDonald 
and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Robert  Galloway,  Gordon,  Lane,  Lynch, 
Matson,  Miller,  Moore,  Perry,  Margaret 
Ramsay,  William  Riley,  Scranton  and  Jean 
White. 

COOS:   Brungot,  Burns,  Chardon,  Richard 
Demers,  Lawrence  Guay,  Horton,  George 
Lemire,  Oleson,  Valliere  and  Wiswell. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Clark,  Crory,  Driscoll,  Hammond,  LaMott, 
Logan,  Look,  Mann,  Mansfield,  Mclver, 
Pepitone,  Rounds,  Snell,  Taffe,  Glyneta 
Thomson,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Richard  Ahem,  Ahrens, 
Ainley,  Amidon,  Bosse,  Bridgewater, 
Carpenter,  Carragher,  Carswell,  Charpentier, 
DeForte,  Clyde  Eaton,  Joseph  Eaton,  Ford, 
Granger,  Sal  Grasso,  Hall,  James  Hardy, 
Head,  Heald,  Howard  Humphrey,  Thomas  Hynes, 
Kashulines,  Katsiaficas,  Keefe,  Kizala, 


Knight,  Labombarde,  Lefebvre,  Levesque, 
Martineau,  Howard  Mason,  McGlynn,  Milton 
Meyers,  Norman  Packard,  Aime  Paradis, 
Pariseau,  Peters,  Peter  Ramsey,  G.  Philip 
Rodgers,  William  Russell,  Sallada,  Silva,  B. 
P.  Smith,  Leonard  Smith,  Steiner,  Stone, 
Stylianos,  James  Sullivan,  Mary  Sullivan, 
Tamposi,  Van  Loan,  Ware,  Watson,  Kenneth 
Wheeler,  James  J.  White  and  M.  Arnold  Wight. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  Bowes, 
Brady,  John  Gate,  Milton  Gate,  Dean,  James 
Humphrey,  Kidder,  Lewis,  Locke,  Nichols, 
David  Packard,  Paire,  Doris  Riley,  William 
Roberts,  Stark,  Stio,  Waters,  Ashton  Welch, 
Wiviott  and  Zimmerman. 

ROCKINGHAM:   Blaisdell,  William  Boucher, 
Burdick,  Butler,  Cahill,  Carpenito,  Cote, 
Day,  Downing,  Ellyson,  Espinola,  Felch, 
Flanagan,  Flanders,  Beverly  Gage,  Thomas 
Gage,  Kenneth  Gould,  Greene,  Gretsch,  Kane, 
Kelley,  Roger  King,  Lockhart,  Lovejoy, 
Robert  Mason,  Norman  Myers,  Nevins,  Newell, 
Parr,  Pevear,  Quimby,  Romoli,  Scamman, 
Schmidtchen,  Schwaner,  Shurtleff,  Skinner, 
Stimmell,  Sytek,  Tavitian,  Vartanian,  John 
Walker,  Warburton,  Wolfsen  and  Raymond  Wood. 

STRAFFORD:   Appleby,  Bickford,  Bouchard, 
James  Demers,  Gauvin,  Meader,  Pageotte  and 
Sackett. 

SULLIVAN:   Ardinger,  David  Campbell, 
Cutting,  Gordon  Flint,  Leonard  Gray,  Ingram, 
Palmer,  Quinlan  and  Townsend. 

NAYS  104 

BELKNAP:   Bolduc,  Bowler  and  David 
Whittemore. 

CARROLL:  Allen  and  Keller. 


810 


HOUSE  JOURNAL  9JUN82 


CHESHIRE:  Barber,  Daniel  Eaton,  Eisengrein, 
Hickey,  Kennedy,  Proctor,  Rouillard, 
Patricia  Russell  aind  Wiggin. 

COOS:  Beaulac,  Brideau,  Chappell,  Langley, 
Mayhew,  Theriault  and  York. 

GRAFTON:   Chambers,  Copenhaver  and  Seely. 

HILLSBOROUGH:   Ahlgren,  Arnold,  Baker, 
Brack,  Burkush,  Casinghino,  Cronin,  Crotty, 
William  Dion,  Donovan,  Duval,  Gagnon, 
Richard  Galway,  Horan,  Kaklamanos,  Leclerc, 
Mazur,  Messier,  Mulligan,  Nardi,  Nemzoff, 
Pastor,  Denise  Raiche,  Maureen  Raiche,  Roy, 
Soucy,  Spirou,  Turgeon,  Vachon,  Vergas, 
Wallace,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Carroll,  Degnan, 
Morse,  James  O'Neill,  Parker,  Margaret 
Roberts,  Savaria,  Gerald  Smith,  Lawrence 
Sullivan,  Trachy,  Rick  Trombly,  Mary  Jane 
Wallner  and  James  Whittemore. 

ROCKINGHAM:  Blake,  Blanchette,  Connors, 
Hoar,  Hollingworth,  John  Hynes,  Kozacka, 
Krasker,  Leslie,  LoFranco,  Joseph  MacDonald, 
Mace,  Pantelakos,  Read  and  Splaine. 

STRAFFORD:  Belhumeur,  Bernard,  Chagnon, 
James  Chamberlin,  Phyllis  DeNafio,  Teresa 
DeNafio,  Albert  Dionne,  Donnelly,  Anita 
Flynn,  Charles  Grassie,  Kincaid,  Schreiber 
and  Whitehead. 

SULLIVAN:   Brodeur,  D'Amante,  Forrest,  Sim 
Gray  and  Spaulding,  and  the  amendment  was 
adopted. 

Reps.  Scaniman  eind  Kidder  offered  a 
further  amendment. 

Amendment 


student  of  providing  higher  education  and 
other  related  services. 

III.  The  state  shall  continue  to 
appropriate  funds  to  subsidize  the  student 
fees  and  tuition  charges  of  students 
enrolled  in  the  university  system  as  of  July 
1,  1982.  The  student  fees  and  tuition 
charges  of  any  student  enrolled  in  the 
university  as  of  July  1,  1982,  shall  remain 
at  the  level  they  were  as  of  July  1,  1982, 
plus  any  reasonable  and  normal  increases, 
until  such  student  has  completed  the  degree 
program  in  which  he  was  enrolled  as  of  July 
1,  1982. 

IV.  Any  funds  appropriated  to  the 
university  system  for  fiscal  year  1983  which 
are  not  spent  because  of  the  increase  in 
revenues  raised  from  increased  student  fees 
and  tuition  charges  shall  lapse  into  the 
general  fund. 

Rep.  Horan  spoke  to  his  amendment  and 
yielded  to  questions. 

Rep.  Snell  spoke  against  the  amendment 
and  yielded  to  questions. 

Reps.  Scranton  and  Townsend  spoke 
against  the  amendment. 

Rep.  French  moved  the  previous 
question.  Sufficiently  seconded.  Adopted. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS  8  NAYS  308 

YEAS  8 

BELKNAP:   None. 

CARROLL:   Allen. 

CHESHIRE:   None. 

COOS :  None . 


Amend  section  I69  of  the  bill. 
Implementation  of  Programs  and  Priorities, 
as  amended  by  section  213  of  the  bill  by 
striking  out  subparagraph  11(b). 


GRAFTON:   Clark  and  Glyneta  Thomson. 


HILLSBOROUGH:  Boisvert,  Horan,  Labombarde 
and  James  Sullivan. 


The  Assistant  Clerk  read  the  amendment. 
Amendment  adopted. 

Rep.  Horan  offered  an  amendment. 

Amendment 

Amend  the  bill  by  inserting  before 
section  217,  the  effective  date  section,  the 
following  new  section,  and  renumber  the 
effective  date  section: 

217  University  System  Funding. 

I.  The  trustees  of  the  university 
systeffl  shall  establish  a  rate  structure  for 
all  student  fees  and  tuition  charges  for 
students  of  the  university  system  as 
provided  in  this  section. 

II.  The  rate  structure  shall 
require  all  students  enrolling  in  the 
university  system  after  July  1,  1982,  to  pay 
student  fees  and  tuition  charges  which  are 
not  subsidized  by  money  appropriated  by  the 
state  of  New  Hampshire.  The  student  fees 
and  tuition  charges  for  students  enrolling 
after  July  1,  1982,  shall,  as  nearly  as 
possible,  reflect  the  average  cost  per 


MERRIMACK:  None. 

ROCKINGHAM:  None. 

STRAFFORD:  Demetracopoulos. 

SULLIVAN:   None. 

NAYS  308 

BELKNAP:  Birch,  Bolduc,  Bowler,  Gary 
Dionne,  French,  Earle  Hardy,  Holbrook, 
Lamprey,  Christina  O'Neill,  Pearson, 
Randall,  Rich,  Rollins,  Sanders  and  David 
Whittemore. 

CARROLL:  Barringer,  Esther  Davis, 
Dickinson,  Heath,  Howard,  Keller,  Kenneth 
MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Barber,  Baybutt,  Crane,  Jesse 
Davis,  Daniel  Eaton,  Eisengrein,  Ernst, 
Robert  Galloway,  Gordon,  Hickey,  Kennedy, 
Lane,  Lynch,  Matson,  Miller,  Moore,  Perry, 
Proctor,  Margaret  Ramsay,  William  Riley, 
Rouillard,  Patricia  Russell,  Scranton,  Jean 
White  and  Wiggin. 


HOUSE  JOURNAL  9JUN82 


811 


COOS:  Brideau,  Brungot,  Burns,  Chappell, 
Chardon,  Richard  Demers,  Lawrence  Quay, 
Horton,  Langley,  George  Lemire,  Mayhew, 
Oleson,  Theriault,  Valliere,  Wiswell  and 
York. 

GRAFTON:   Armstrong,  Buckman,  Chambers, 
Christy,  Copenhaver,  Crory,  Driscoll, 
Hammond,  LaMott,  Logan,  Look,  Mann, 
Mansfield,  Mclver,  Pepitone,  Rounds,  Snell, 
Taffe,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahern, 
Ahlgren,  Ahrens,  Ainley,  Amidon,  Arnold, 
Baker,  Bosse,  Brack,  Bridgewater,  Burkush, 
Carpenter,  Carragher,  Carswell,  Casinghino, 
Charpentier,  Cronin,  Crotty,  DeForte, 
William  Dion,  Dolbec,  Donovan,  Duval,  Joseph 
Eaton,  Ford,  Gagnon,  Richard  Galway, 
Granger,  Sal  Grasso,  Hall,  James  Hardy, 
Head,  Heald,  Howard  Humphrey,  Thomas  Hynes, 
Kaklamanos,  Kashulines,  Katsiaficas,  Keefe, 
Kizala,  Knight,  Leclerc,  Lefebvre,  Levesque, 
Martineau,  Howard  Mason,  Mazur,  McGlynn, 
Messier,  Milton  Meyers,  Mulligan,  Nardi, 
Nemzoff,  Norman  Packard,  Chris  Papadopoulos, 
Aime  Paradis,  Pariseau,  Pastor,  Peters, 
Denise  Raiche,  Maureen  Raiche,  Peter  Ramsey, 
G.  Philip  Rodgers,  Roy,  William  Russell, 
Sallada,  Silva,  B.  P.  Smith,  Leonard  Smith, 
Soucy,  Spirou,  Steiner,  Stone,  Stylianos, 
Mary  Sullivan,  Turgeon,  Vachon,  Van  Loan, 
Vergas,  Wallace,  Ware,  Watson,  Kenneth 
Wheeler,  James  J.  White,  M.  Arnold  Wight, 
Winn  and  Zajdel. 

MERRIMACK:   Bellerose,  Bibbo,  Bodi,  Laurent 
Boucher,  Bowes,  Brady,  Carroll,  John  Gate, 
Milton  Gate,  Dean,  Degnan,  James  Humphrey, 
Kidder,  Lewis,  Locke,  Morse,  Nichols,  James 
O'Neill,  David  Packard,  Paire,  Parker,  Doris 
Riley,  Margaret  Roberts,  William  Roberts, 
Savaria,  Gerald  Smith,  Stark,  Stio,  Trachy, 
Rick  Trembly,  Mary  Jane  Wallner,  Waters, 
Ashton  Welch,  James  Whittemore,  Wiviott  and 
Zimmerman. 

ROCKINGHAM:  Benton,  Blaisdell,  Blake, 
Blanchette,  William  Boucher,  Burdick, 
Butler,  Cahill,  Carpenito,  Connors,  Cote, 
Cotton,  Day,  Downing,  Ellyson,  Espinola, 
Felch,  Flanagan,  Flanders,  Beverly  Gage, 
Thomas  Gage,  Kenneth  Gould,  Greene,  Gretsch, 
Hoar,  Hollingworth,  John  Hynes,  Kane, 
Kelley,  Roger  King,  Kozacka,  Krasker, 
Leslie,  Lockhart,  LoFranco,  Lovejoy,  Joseph 
MacDonald,  Mace,  Robert  Mason,  Norman  Myers, 
Nevins,  Newell,  Pantelakos,  Parr,  Pevear, 
Quimby,  Read,  Romoli,  Scamman,  Schmidtchen, 
Schwaner,  Shurtleff,  Skinner,  Stimmell, 
Sytek,  Tavitian,  Tufts,  Vartanian,  John 
Walker,  Warburton,  Wolfsen  and  Raymond  Wood. 

STRAFFORD:   Appleby,  Belhumeur,  Bernard, 
Bickford,  Bouchard,  Chagnon,  James 
Chamber lin,  James  Demers,  Phyllis  DeNafio, 
Teresa  DeNafio,  Albert  Dionne,  Donnelly, 
Anita  Flynn,  Gauvin,  Charles  Grassie, 
Kincaid,  Meader,  Pageotte,  Sackett, 
Schreiber,  Franklin  Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  Brodeur,  David 
Campbell,  Cutting,  D'Amante,  Gordon  Flint, 
Forrest,  Leonard  Gray,  Sim  Gray,  Ingram, 
LeBrun,  Palmer,  Quinlan,  Spaulding  and 
Townsend,  and  the  amendment  lost. 


Rep.  LaMott  offered  an  amendment. 

Amendment 

Amend  the  bill  by  inserting  before 
section  217,  effective  date,  the  following 
section,  and  renumbering  the  effective  date: 

217  Court  Appropriations;  Contingency 
Deleted.  Amend  1982,  41:12  by  striking  out 
said  section  and  inserting  in  place  thereof 
the  following: 

41:12  Amendment  to  Operating  Budget. 
The  legislative  budget  assistant  is  hereby 
authorized  to  adjust  all  totals  in  "An  Act 
relative  to  amending  the  operating  budget" 
as  required  by  the  passage  of  sections  13 
and  14  of  this  act. 

The  Assistant  Clerk  read  the  amendment. 
Rep.  LaMott  explained  his  amendment. 
Amendment  adopted. 

Rep.  Nardi  offered  an  amendment  and 
withdrew  the  amendment. 

Rep.  Carroll  offered  an  amendment. 

Amendment 

Amend  the  bill  by  striking  out  section 
215  "Temporary,  Seasonal,  Part-time  Benefits 
Suspended"  and  renumbering  the  following 
sections. 

The  Assistant  Clerk  read  the  amendment. 

Rep.  Carroll  explained  her  amendment  and 
yielded  to  questions. 

Reps.  LaMott  and  Parr  spoke  against  the 
amendment. 

Amendment  lost . 

Reps.  Chagnon,  Stimmell,  Felch,  Dionne, 
Heath  and  Dickinson  offered  an  amendment. 

Amendment 

Amend  section  1  of  the  bill  by  amending 
1981,  568:1.03,01,03  by  striking  out 
priorities  1  and  2. 

The  Clerk  read  the  amendment . 

Rep.  Stimmell  explained  the  amendment 
and  yielded  to  questions. 

Rep.  LaMott  spoke  in  favor  of  the 
amendment  and  yielded  to  questions. 

Amendment  adopted. 

Reps.  Nardi,  Spirou,  Chambers,  Krasker, 
Oleson,  David  Campbell,  Matson,  Peter  Ramsey 
and  James  J.  White  offered  an  amendment. 

Amendment 

Amend   the  bill  by  striking  out  sections 
169,    Implementation  of  Programs  and 
Priorities;    199,   Effective  Date;    202, 
Revised  Estimates;    205,   Additional  USNH 
Appropriation;    207,   Section   199  Void;   and 
213,   Salary  Increases,    and   by  renumbering 
the  original  sections   170-198,    200,    201, 
203,    204,    206,    208-212,    214-218  to  read  as 
sections   169-212,    respectively. 


812 


HOUSE  JOURNAL  9JUN82 


Amend  the  bill  by  striking  out  section 
212,    Effective  Date,    and   inserting  in  place 
thereof  the   following: 

212  Lapse  Legislative  Surplus.     On  June 
30,    1982,    the  sum  of  $1,200,000  of  surplus 
funds  from  the  budget  of  the   legislative 
branch  shall   lapse  to  the  general  fund. 

213  Management  Review  Savings.     The 
comptroller  shall   reduce  agency  budgets   to 
reflect  non-personnel  savings  resulting  from 
implementation  of  the   following 
recommendation  of  the  Governor's  Management 
Review,    Inc.: 

Agency 
Administration  & 
Control 
Recommendation 
i!f48  -  centralize  state's 
purchasing  activities 
Amount 
$701,096 

214  Effective  Date. 

I.  Sections  70  and  93  of  this  act 
shall  take  effect  July   1,    1981. 

II.  Sections  67,   68,   and  69  of 
this  act  shall  take  effect  September  1,    198 1. 

III.  Sections  31,    72,    112,    and 
175-180  of  this  act  shall  take  effect  July 
1,    1982. 

IV.  Section  95  of  this  act  shall 
take  effect  July   1,    1982,    and  shall  apply  to 
quarterly  installments  due  and  payable  after 
July   1,    1982. 

V.  Sections  73-88  and  92  of  this 
act  shall  take  effect  December  31,    1982. 

VI.  The  remainder  of  this  act 
shall  take  effect  upon   its  passage. 

Amend  1981,  568:163,  I-V  as  inserted  by 
section  46  of  the  bill  by  striking  out  same 
and   inserting  in  place   thereof  the   following: 

I.  Salary  Increases.      Commencing 
July  3.    1981,    the  salary  of  every 
classified,   unclassified,    judicial  and 
legislative  state  employee  shall  be 
increased  by  9  percent  of  the  amount  such 
employee   is   receiving  on  July  2,    1981. 
Commencing  July  9,    1982,    the   salary  of  every 
classified,   unclassified,    judicial  and 
legislative  employee  shall  be  increased   by  9 
percent  of  the  amount  such  employee   is 
receiving  on  July  8,    1982.     The  director  of 
legislative  services   is  hereby  directed   to 
change  the  salary  schedules  and   tables  and 
introductory  paragraphs  in  RSA  9i4:l-a,   RSA 
99:1-a  and  RSA  491-A:1   to  reflect  the  9 
percent  increases  provided  herein  and  said 
schedules  and  tables  and  paragraphs  are 
hereby  so  amended  commencing  July  3>    1981. 

II.  Appropriation   for  Unclassified 
Employee,   Legislative  Employee,      and 
Judicial  Salary  Increase.      In  addition  to 
any  other  sums  previously  appropriated  there 
are  hereby  appropriated  for  the  fiscal  year 
ending  June  30,    1982,    for  the  salary 
increases   for  unclassified  state  employees, 
legislative  employees,    and  judicial  salary 
increases  as  provided   in  this  act  the 
following  sums:      $513,990   from  the  general 
funds  of  the  state,   $54,243  from  the  highway 
fund,   $2,646   from  the   fish  and  game  fund, 
$22,716   from  federal  funds,    and  $44,541    from 
self-sustaining  funds.      In  addition  to  any 
other  sums  previously  appropriated,    there 
are  hereby  appropriated   for  the   fiscal  year 
ending  June  30,    1983,    for  the  salary 
increases  for  unclassified  state  employees. 


legislative  employees,    and   judicial  salary 
increases  as  provided   in  this  act  the 
following  sums:      $837,104   from  the  general 
funds  of  the   state,    $89,334   from  the  highway 
fund,   $4,671   from  the   fish  and  game  fund, 
$40,059   from  federal   funds  and  $78,595   from 
self-sustaining  funds.     The  governor  is 
authorized  to  draw  his  warrants   for  sums 
hereby  appropriated. 

III.  Appropriations   for  Retirement 
and  OASI.     There  are  hereby  appropriated   in 
addition   to  any  other  sums  appropriated  for 
retirement  and  OASI  for  unclassified 
employees,    legislative  employees,    and 
judicial  officers   for  the   fiscal  year  ending 
June  30,    1982,    the   following  sums:      $15,420 
from  the  general   funds  of  the  state,    $1,627 
from  the  highway  fund,   $79   from  the   fish  and 
game  fund,   $681   from  federal   funds,    and 
$1,336    from  self-sustaining  funds,   and  the 
following  sums    for   the    fiscal  year   ending 
June  30,    1983:      $42,870   from  the  general 
funds  of  the   state,    $4,521    from  the  highway 
fund,    $465   from  the   fish  and  game   fund, 
$3,683  from  federal  funds  and  $7,681   from 
self-sustaining  funds.     The  governor   is 
authorized  to  draw  his  warrants   for  the  sums 
hereby  appropriated. 

IV.  Appropriation   for  Classified 
State  Employee  Salary  Increase.     There  are 
hereby  appropriated   for  the   fiscal  year 
ending  June  30,    1982,    for  the   salary 
increases   for  classified  state  employees 
provided   for  herein  the   following  sums: 
$7,095,033   from  the  general  fund  of  the 
state,   $2,652,624   from  the  highway  fund, 
$186,768   from  the   fish  and  game  fund, 
$2,067,192  from  federal  funds  and  $517,734 
from  self-sustaining  funds.     There  are 
hereby  appropriated   for  the   fiscal  year 
ending  June  30,    1983,    for  the  salary 
increases   for  classified  state  employees 
provided   for  herein  the   following  sums: 
$11,255,018   from  the  general   fund  of  the 
state,   $4,522,635   from  the  highway  fund, 
$299,374   from  the   fish  and  game  fund, 
$3,223,745   from  federal  funds  and  $897,449 
from  self-sustaining  funds.     The  governor  is 
authorized  to  draw  his  warrants   for  the  sums 
hereby  appropriated. 

V.  Appropriation   for  Retirement 
and  OASI.     There  are  hereby  appropriated   in 
addition  to  ciny  other  sums  appropriated   for 
retirement  and  OASI  for  the  salary  increases 
for  classified  employees  provided   for  herein 
for  fiscal  year  1982  the   following  sums: 
$653,121    from  the  general  funds  of  the 
state,    $248,067   from  the  highway  fund, 
$17,865   from  the   fish  and  game  fund, 
$188,532   from  federal  funds  and  $47,853  from 
self-sustaining  funds,    and  the   following 
sums  for  the   fiscal  year  ending  June  30, 
1983:      $1,045,619  from  the  general  funds  of 
the  state,   $399,674  from  the  highiray  fund, 
$28,091   from  the   fish  and  game  fund, 
$300,413  from  federal  funds  and  $83,230   from 
self-sustaining  funds.     The  governor  is 
authorized  to  draw  his  warrants   for  the  sums 
hereby  appropriated. 

Amend   the   bill  by  striking  out  section 
196,  Revised  Revenue  Estimates,    and 
inserting  in  place  thereof  the   following: 

196  Revised  Revenue  Estimates.  Amend 
1981,  568:158  by  striking  out  said  section 
and   inserting  in  place   thereof  the   following: 

568:158     Estimates  of  Unrestricted 
Revenue. 


HOUSE  JOURNAL  9JUN82 


813 


Total 


Total 


General  Fund 

Beer 

Board  &  Care 

Business  Profits  Tax 

Estate  &  Legacy  Taxes 

Insurance 

Intangible  Tax 

Liquor 

Meals  and  Rooms  Taxes 

Parks  Income 

Dog  Racing 

Harness  Racing 

Real  Estate  Transfer  Tax 

Telephone 

Tobacco 

Utilities 

Other 

Sale  of  Realty 

Sweepstakes  Revenue 

Savings  Bank  Tax 


Highvfay  Fund 

Gasoline  Road  Toll 
Motor  Vehicle  Fees 
Miscellaneous 


Fish  and  Game  Fund 

Fish  and  Game  Licenses 
Fines  and  Penalties 
Miscellaneous  Sales 
Indirect  Costs 


1982 

$     6 , 000 , 000 

17,075,000 

79,625,000 

9 , 600 , 000 

16,925,000 

14,750,000 

43,800,000 

41,600,000 

4,810,000 

7,100,000 

150,000 

5,400,000 

7 , 250 , 000 

26  ,  500 ,  000 

700,000 

22,400,000 

1,100,000 
5 , 200 , 000 

$309,985,000 

1982 

$  58,150,000 

30,850,000 

2,225,000 

$  91,225,000 

1982 

$     2,825,000 

25 , 000 

65,000 

100,000 

3,015,000 


1983 

$     6,975,000 

19,300,000 

82,300,000 

10,000,000 

18,575,000 

16,750,000 

45 , 700 , 000 

46,270,000 

3,750,000 

7,100,000 

400 , 000 

6 ,  400 , 000 

8,600,000 

26,500,000 

1 ,  400 , 000 

27,775,000 

6  ,  200 , 000 

3,850,000 

5 , 200 , 000 


$  56,825,000 

30 ,  800 ,  000 

2,450,000 

$  90,075,000 

1983 

$  3,075,000 
25 , 000 
^5,000 
100,000 

3,265,000 


Hearing  no  objection,    the  Chair  advised 
the  Clerk   to  dispense  with  the   reading  of 
the  amendment. 

Rep.   Nardi  explained   the  amendment. 

Rep.  Margaret  Ramsay  spoke  against   the 
amendment  and  yielded  to  questions. 

Reps.   Quimby,   Sackett,   Scranton,   Scamman 
and  Kidder  spoke  against   the  amendment. 

Rep.   James  J.   White  spoke  in  favor  of 
the  amendment. 

Reps.   Peter  Ramsey  and  Spirou  spoke  in 
favor  of  the  amendment  and  yielded  to 
questions. 

Rep.  Spirou  requested  a  roll  call. 
Sufficiently  seconded. 

Reps.  Randall  and  Mazur  abstained   from 
voting  under  Rule  16. 

(Speaker  presiding) 

YEAS      123     NAYS     201 

YEAS      123 

BELKNAP:  Bolduc,  Bowler,  Gary  Dionne  and 
Earle  Hardy. 

CARROLL:   None. 

CHESHIRE:   Barber,  Daniel  Eaton,  Eisengrein, 
Kennedy,  Matson,  Proctor,  William  Riley, 
Rouillard,  Patricia  Russell  and  Wiggin. 


COOS:  Beaulac,  Brideau,  Richard  Demers, 
Langley,  George  Lemire,  Mayhew,  Oleson, 
Theriault  and  York. 

GRAFTON:   Chambers,  Copenhaver  and  Crory. 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahern, 
Ahlgren,  Arnold,  Baker,  Brack,  Burkush, 
Casinghino,  Cronin,  Crotty,  William  Dion, 
Donovan,  Duval,  Gagnon,  Richard  Galway, 
Horan,  Kaklamanos,  Katsiaficas,  Leclerc, 
Lefebvre,  Madigan,  McGlynn,  Mulligan,  Nardi, 
Nemzoff,  Chris  Papadopoulos,  Pastor,  Denise 
Raiche,  Maureen  Raiche,  Peter  Ramsey,  Roy, 
Soucy,  Spirou,  James  Sullivan,  Mary 
Sullivan,  Sweeney,  Turgeon,  Vachon,  Vergas, 
Wallace,  Bernice  Welch,  James  J.  White,  Winn 
and  Zajdel. 

MERRIMACK:   Bellerose,  Bodi,  Bowes,  Brady, 

Carroll,  Dean,  Degnan,  Morse,  James  O'Neill, 

Savaria,  Gerald  Smith,  Trachy,  Rick  Trombly, 
Mary  Jane  Wallner  and  Wiviott. 

ROCKINGHAM:   Blanchette,  Burdick,  Carpenito, 
Connors,  Cotton,  Downing,  Hollingworth,  John 
Hynes,  Kozacka,  Krasker,  Leslie,  LoFranco, 
Joseph  MacDonald,  Pantelakos,  Pevear,  Read, 
Splaine  and  Raymond  Wood. 

STRAFFORD:  Belhumeur,  Bernard,  Bouchard, 
Chagnon,  James  Demers,  Demetracopoulos, 
Phyllis  DeNafio,  Teresa  DeNafio,  Albert 


814 


HOUSE  JOURNAL  9JUN82 


Dionne,  Donnelly,  Anita  Flynn,  Charles 
Grassie,  Kincaid  and  Pageotte. 

SULLIVAN:  Brodeur,  David  Campbell, 
D'Amante,  Forrest,  Sim  Gray  and  LeBrun. 

NAYS  201 

BELKNAP:   Birch,  French,  Holbrook,  Lamprey, 
Christina  O'Neill,  Pearson,  Rich,  Rollins, 
Sanders  and  David  Whittemore. 

CARROLL:  Allen,  Barringer,  Esther  Davis, 
Dickinson,  Heath,  Howard,  Keller,  Kenneth 
MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Robert  Galloway,  Gordon,  Hickey, 
Lane,  Lynch,  Miller,  Moore,  Perry,  Margaret 
Ramsay,  Scranton  and  Jean  White. 

COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Lawrence  Guay,  Horton,  Valliere  and  Wiswell. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Clark,  Driscoll,  Hammond,  LaMott,  Logan, 
Look,  Mann,  Mansfield,  Mclver,  Pepitone, 
Rounds,  Snell,  Taffe,  Glyneta  Thomson, 
Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Ahrens,  Ainley,  Amidon, 
Boisvert,  Bosse,  Bridgewater,  Carpenter, 
Carragher,  Carswell,  Charpentier,  DeForte, 
Dolbec,  Clyde  Eaton,  Joseph  Eaton,  Ford, 
Granger,  Sal  Grasso,  Hall,  James  Hardy, 
Head,  Heald,  Howard  Humphrey,  Thomas  Hynes, 
Keefe,  Kizala,  Knight,  Labombarde,  Levesque, 
Martineau,  Howard  Mason,  Messier,  Milton 
Meyers,  Norman  Packard,  Aime  Paradis, 
Pariseau,  Peters,  G.  Philip  Rodgers,  William 
Russell,  Sallada,  Silva,  B.  P.  Smith, 
Leonard  Smith,  Steiner,  Stone,  Stylianos, 
Tamposi,  Van  Loan,  Ware,  Watson,  Kenneth 
Wheeler  and  M.  Arnold  Wight. 

MERRIMACK:  Bibbo,  Laurent  Boucher,  John 
Gate,  Milton  Gate,  James  Humphrey,  Kidder, 
Lewis,  Locke,  Nichols,  David  Packard,  Paire, 
Parker,  Doris  Riley,  Margaret  Roberts, 
William  Roberts,  Stark,  Stio,  Lawrence 
Sullivan,  Underwood,  Waters,  Ashton  Welch, 
James  Whittemore  and  Zimmerman. 

ROCKINGHAM:   Benton,  Blaisdell,  Blake, 
William  Boucher,  Butler,  Cahill,  Cote,  Day, 
Ellyson,  Espinola,  Felch,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Greene,  Gretsch,  Hoar,  Kane,  Kelley, 
Roger  King,  Lockhart,  Love joy.  Mace,  Robert 
Mason,  Norman  Myers,  Nevins,  Newell,  Parr, 
Quimby,  Romoli,  Scamman,  Schmidtchen, 
Schwaner,  Shurtleff,  Skinner,  Stimmell, 
Sytek,  Tavitian,  Tufts,  Vartanian,  John 
Walker,  Warburton  and  Wolf  sen. 

STRAFFORD:   Appleby,  Bickford,  James 
Chamberlin,  Creteau,  Gauvin,  Header, 
Sackett,  Schreiber,  Lawrence  Smith,  Franklin 
Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  Cutting,  Gordon  Flint, 
Leonard  Gray,  Ingram,  Palmer,  Quinlan, 
Spaulding  and  Townsend,  and  the  amendment 
lost. 


Rep.  Lawrence  Sullivan  notified  the 
Clerk  that  he  inadvertently  voted  nay  and 
meant  to  vote  yea. 

Rep.  David  Campbell  offered  an  amendment. 

Amendment 

Amend  the  bill  by  inserting  before 
section  218,  the  effective  date  section,  the 
following  new  section,  and  renumber  the 
effective  date  section: 

217  Lapsing  Legislative  Funds. 
Notwithstanding  any  other  provision  of  law, 
if  the  surplus  in  the  legislative  budget  on 
June  30,  1982,  exceeds  $1,000,000,  $1,000, 
000  of  said  surplus  shall  lapse  on  June  30, 
1982,  into  the  state  general  fund. 

The  Clerk  read  the  amendment. 

Rep.  Campbell  explained  his  amendment. 

Rep.  Wiviott  spoke  against  the  amendment. 

Reps.  Peter  Ramsey  and  James  J.  White 
spcice  in  favor  of  the  amendment  and  yielded 
to  questions. 

Reps.  Baybutt  and  Margaret  Ramsay  spoke 
against  the  amendment  and  yielded  to 
questions. 

Rep.  Peter  Ramsey  requested  a  roll 
call.  Sufficiently  seconded. 

(Speaker  presiding) 

YEAS   135  NAYS  I80 

YEAS  1 35 

BELKNAP:  Bolduc,  Bowler,  Gary  Dionne, 
Lamprey,  Randall,  Sanders  and  David 
Whittemore. 

CARROLL:   Keller. 

CHESHIRE:  Barber,  Daniel  Eaton,  Eisengrein, 
Hickey,  Kennedy,  Lane,  Lynch,  Matson, 
Proctor,  William  Riley,  Rouillard,  Patricia 
Russell  and  Wiggin. 

COOS:  Beaulac,  Brideau,  Langley,  Mayhew, 
Oleson  and  Theriault. 


GRAFTON: 
Seely. 


Chambers,  Copenhaver,  Hammond  and 


HILLSBOROUGH:   Debora  Ahem,  Ahlgren, 
Arnold,  Baker,  Bosse,  Brack,  Casinghino, 
Cronin,  Grotty,  DeForte,  William  Dion, 
Donovan,  Ford,  Gagnon,  Richard  Galway,  Hall, 
Horan,  Kaklamanos,  Katsiaficas,  Leclerc, 
Lefebvre,  Madigan,  Mazur,  McGlynn,  Mulligan, 
Nardi,  Nemzoff,  Chris  Papadopoulos, 
Pariseau,  Pastor,  Denise  Raiche,  Maureen 
Raiche,  Peter  Ramsey,  Roy,  Soucy,  Spirou, 
Mary  Sullivan,  Sweeney,  Turgeon,  Vachon, 
Wallace,  Watson,  Bernice  Welch,  James  J. 
White,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Bodi,  Bowes,  Carroll, 
Degnan,  Morse,  James  O'Neill,  Paire,  Parker, 
Lawrence  Sullivan,  Rick  Trombly,  Mary  Jane 
Wallner,  Ashton  Welch,  James  Whittemore  and 
Zimmerman. 

ROCKINGHAM:   Blanchette,  Burdick,  Carpenito, 
Connors,  Cotton,  Downing,  Espinola,  Thomas 
Gage,  Hollingworth,  John  Hynes,  Kozacka, 
Krasker,  LoFranco,  Joseph  MacDonald,  Norman 


HOUSE  JOURNAL  9JUN82 


815 


Myers,  Pantelakos,  Pevear,  Read,  Shurtleff, 
Splaine  and  Sytek. 

STRAFFORD:   Belhumeur,  Bernard,  Bouchard, 
Chagnon,  James  Demers,  Demetracopoulos, 
Phyllis  DeNafio,  Teresa  DeNafio,  Albert 
Dionne,  Donnelly,  Charles  Grassle,  Klncaid, 
Pageotte,  Sackett  and  Schreiber. 

SULLIVAN:   Brodeur,  David  Campbell, 
D'Amante,  Gordon  Flint,  Forrest,  Sim  Gray 
and  LeBrun. 

NAYS   180 

BELKNAP:   Birch,  French,  Earle  Hardy, 
Holbrook,  Christina  O'Neill,  Pearson,  Rich 
and  Rollins. 

CARROLL:  Allen,  Barringer,  Dickinson, 
Heath,  Howard,  Kenneth  MacDonald  and  Kenneth 
Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Robert  Galloway,  Gordon,  Miller, 
Moore,  Perry,  Margaret  Ramsay,  Scranton  and 
Jean  Vfhite. 

COOS:  Brungot,  Bums,  Chappell,  Chardon, 
Richard  Demers,  Lawrence  Guay,  Horton, 
George  Lemire,  Valliere,  Wiswell  and  York. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Clark,  Driscoll,  LaMott,  Logan,  Look,  Mann, 
Mansfield,  Mclver,  Pepitone,  Rounds,  Snell, 
Taffe,  Glyneta  Thomson,  Walter,  Ward  and 
Roger  Wood. 

HILLSBOROUGH:   Richard  Ahern,  Ahrens, 
Ainley,  Amidon,  Bridgewater,  Carpenter, 
Carragher,  Carswell,  Charpentier,  Dolbec, 
Clyde  Eaton,  Joseph  Eaton,  Granger,  Sal 
Grasso,  Head,  Heald,  Howard  Humphrey,  Thomas 
Hynes,  Keefe,  Kizala,  Knight,  Labombarde, 
Levesque,  Martineau,  Howard  Mason,  Messier, 
Milton  Meyers,  Norman  Packard,  Peters,  G. 
Philip  Rodgers,  William  Russell,  Sallada, 
Silva,  B.  P.  Smith,  Leonard  Smith,  Steiner, 
Stone,  Stylianos,  James  Sullivan,  Tamposi, 
Van  Loan,  Vergas,  Ware,  Kenneth  Wheeler  and 
M.  Arnold  Wight. 

MERRIMACK:   Bibbo,  Laurent  Boucher,  Brady, 
John  Cate,  Milton  Gate,  Dean,  James 
Humphrey,  Kidder,  Lewis,  Locke,  Nichols, 
David  Packard,  Margaret  Roberts,  William 
Roberts,  Savaria,  Gerald  Smith,  Stark,  Stio, 
Trachy,  Underwood,  Waters  and  Wiviott. 

ROCKINGHAM:  Benton,  Blaisdell,  Blake, 
William  Boucher,  Butler,  Cahill,  Cote,  Day, 
Ellyson,  Felch,  Flanagan,  Flanders,  Beverly 
Gage,  Kenneth  Gould,  Greene,  Gretsch,  Hoar, 
Kane,  Kelley,  Roger  King,  Lockhart,  Loveioy, 
Mace,  Robert  Mason,  Newell,  Quimby,  Romoli, 
Scamnan,  Schmidtchen,  Schwaner,  Skinner, 
Stimmell,  Tavitlan,  Tufts,  Vartanian,  John 
Walker,  Warburton,  Wolfsen  and  Raymond  Wood. 

STRAFFORD:  Appleby,  Blckford,  James 
Chamber lin,  Creteau,  Gauvln,  Meader, 
Lawrence  Smith,  Franklin  Torr  and  Whitehead. 

SULLIVAN:   Ardinger,  Cutting,  Leonard  Gray, 
Ingram,  Palmer,  Quinlan,  Spaulding  and 
Townsend,  and  the  amendment  lost. 


Rep.  D'Amante  offered  an  amendment. 

Amendment 

Amend  the  bill  by  striking  out  section  3 
"Licensing  of  Food  Service  Establishments" 
and  renumbering  the  following  sections. 

The  Assistant  Clerk  read  the  amendment. 

Rep.  D'Amante  spoke  to  his  amendment  and 
yielded  to  questions. 

Reps.  Dickinson  and  Sanders  spoke  in 
favor  of  the  amendment . 

Reps.  William  Roberts  and  Greene  spoke 
in  favor  of  the  amendment  and  yielded  to 
questions. 

Rep.  Nardi  spoke  against  the  amendment 
and  yielded  to  questions. 

Rep.  LaMott  spoke  against  the  amendment. 

The  previous  question  was  moved. 
Sufficiently  seconded.  Adopted. 

A  roll  call  was  requested.  Sufficiently 
seconded . 

(Speaker  presiding) 

YEAS   195  NAYS   117 

YEAS   1 95 

BELKNAP:   Bolduc,  Gary  Dionne,  Earle  Hardy, 
Lamprey,  Christina  O'Neill,  Randall,  Rich, 
Rollins,  Sanders  and  David  Whittemore. 

CARROLL:  Allen,  Barringer,  Dickinson, 
Heath,  Howard,  Keller,  Kenneth  MacDonald  and 
Kenneth  Smith. 

CHESHIRE:  Crane,  Daniel  Eaton,  Ernst, 
Robert  Galloway,  Kennedy,  Lane,  Lynch, 
Miller,  Moore,  Perry  and  Jean  White. 

COOS:  Brideau,  Brungot,  Bums,  Richard 
Demers,  Lawrence  Guay,  Horton,  Langley, 
George  Lemire,  Oleson  and  York. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Clark,  Crory,  Driscoll,  Hammond,  Logan, 
Look,  Mansfield,  Seely,  Taffe,  Glyneta 
Thomson,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:  Ahrens,  Ainley,  Baker, 
Boisvert,  Bosse,  Brack,  Burkush,  Carragher, 
Charpentier,  Cronin,  Crotty,  William  Dion, 
Dolbec,  Donovan,  Duval,  Clyde  Eaton,  Joseph 
Eaton,  Gagnon,  Richard  Galway,  Granger,  Sal 
Grasso,  Hall,  Head,  Healy,  Horan, 
Kaklamanos,  Katsiaficas,  Kizala,  Labombarde, 
Levesque,  Madigan,  Howard  Mason,  Mazur, 
McGlynn,  Messier,  Milton  Meyers,  Norman 
Packard,  Chris  Papadopoulos,  Aime  Paradis, 
Pariseau,  Maureen  Raiche,  G.  Philip  Rodgers, 
William  Russell,  Sallada,  Silva,  B.  P. 
Smith,  Steiner,  Stone,  Stylianos,  Mary 
Sullivan,  Sweeney,  Tamposi,  Turgeon,  Vergas, 
Ware,  Watson,  Bernice  Welch,  James  J.  White 
and  Zajdel. 

MERRIMACK:  Bellerose,  Laurent  Boucher, 
Bowes,  John  Cate,  Dean,  James  Humphrey, 
Locke,  Morse,  Nichols,  James  O'Neill,  Paire, 
Parker,  Doris  Riley,  Margaret  Roberts, 
William  Roberts,  Savaria,  Gerald  Smith, 
Stark,  Stio,  Rick  Trombly,  Ashton  Welch, 
James  Whittemore  and  Zimmerman. 

ROCKINGHAM:  Blake,  Burdick,  Butler,  Cote, 
Ellyson,  Espinola,  Felch,  Flanders,  Thomas 


816 


HOUSE  JOURNAL  9JUN82 


Gage,  Kenneth  Gould,  Greene,  Gretsch,  Hoar, 
Hollingworth,  John  Hynes,  Kelley,  Roger 
King,  Leslie,  LoFranco,  Robert  Mason, 
Nevins,  Newell,  Pantelakos,  Romoli,  Scamman, 
Skinner,  Sytek,  Vartanian,  John  Walker, 
Warburton  and  Wolfsen. 

STRAFFORD:   Appleby,  Belhumeur,  Bickford, 
Bouchard,  Chagnon,  James  Chamberlin, 
Creteau,  James  Demers,  Phyllis  DeNafio, 
Teresa  DeNafio,  Albert  Dionne,  Gauvin, 
Charles  Grassie,  Kincaid,  Pageotte,  Lawrence 
Smith,  Franklin  Torr  and  Whitehead. 

SULLIVAN:  Brodeur,  David  Campbell,  Cutting, 
D'Amante,  Forrest,  Sim  Gray,  Ingram,  LeBrun 
and  Quinlan. 

NAYS   117 

BELKNAP:   Birch,  Bowler,  French,  Holbrook 
and  Pearson. 

CARROLL:   None. 

CHESHIRE:  Barber,  Baybutt,  Jesse  Davis, 
Eisengrein,  Gordon,  Hickey,  Matson,  Proctor, 
Margaret  Ramsay,  William  Riley,  Patricia 
Russell,  Scranton  and  Wiggin. 

COOS:  Beaulac,  Chappell,  Chardon,  Mayhew, 
Theriault,  Valliere  and  Wiswell. 

GRAFTON:   Chambers,  Copenhaver,  LaMott, 
Mann,  Mclver,  Pepitone,  Rounds  and  Snell. 

HILLSBOROUGH:  Debora  Ahem,  Richard  Ahern, 
Amidon,  Arnold,  Bridgewater,  Carpenter, 
Carswell,  DeForte,  Ford,  Heald,  Howard 
Humphrey,  Thomas  Hynes,  Keefe,  Knight, 
Leclerc,  Lefebvre,  Martineau,  Nardi, 
Nemzoff,  Peters,  Peter  Ramsey,  Roy,  Leonard 
Smith,  Soucy,  Spirou,  James  Sullivan, 
Vachon,  Van  Loan,  Wallace,  Kenneth  Wheeler, 
M.  Arnold  Wight  and  Winn. 

MERRIMACK:  Bibbo,  Bodi,  Brady,  Carroll, 
Milton  Gate,  Degnan,  Kidder,  Lewis,  David 
Packard,  Lawrence  Sullivan,  Trachy,  Mary 
Jane  Wallner,  Waters  and  Wiviott. 

ROCKINGHAM:  Blaisdell,  Blanchette,  William 
Boucher,  Carpenito,  Connors,  Cotton,  Day, 
Downing,  Flanagan,  Kane,  Kozacka,  Krasker, 
Lockhart,  Lovejoy,  Joseph  MacDonald,  Mace, 
Norman  Myers,  Parr,  Pevear,  Quimby,  Read, 
Schmidtchen,  Schwaner,  Splaine,  Tavitian, 
Tufts  and  Raymond  Wood. 

STRAFFORD:  Bernard,  Demetracopoulos, 
Donnelly,  Meader,  Sackett  and  Schreiber. 

SULLIVAN:  Gordon  Flint,  Leonard  Gray, 
Palmer,  Spaulding  and  Townsend,  and  the 
amendment  was  adopted. 

Question  being  shall  SB  23  as  amended  be 
ordered  to  third  reading. 

On  a  voice  vote  SB  23  was  ordered  to 
third  reading. 

Reps.  Daniel  Healy,  Gary  Dionne  and 
Kaklamanos  notified  the  Clerk  that  they 
wished  to  be  recorded  against  the  passage  of 
SB  23. 

Rep.  Kashulines  notified  the  Clerk  that 
she  wished  to  be  recorded  in  favor  of  SB  23. 


VETO  MESSAGE  ON  HB  32 

To  the  Honorable  Members  of  the  General  Court 

Pursuant  to  Part  II,  Article  4U  of  the 
New  Hampshire  Constitution,  I  return  House 
Bill  32,  with  my  objections  thereto  noted. 

Section  I  of  House  Bill  32  provides  for 
the  establishment  of  new  ward  lines  within 
the  City  of  Nashua.  As  you  know,  the 
fundamental  reason  for  redrawing  ward  lines, 
as  well  as  redrawing  legislative  districts 
every  ten  years,  is  to  insure  that  every 
citizen  of  this  state  will  be  fully  and 
fairly  represented,  and,  that  no  one 
person's  vote  will  be  entitled  to  greater 
weight  than  another's.  That  requirement  is 
mandated  by  both  our  own  state  constitution, 
as  well  as  the  federal  constitution. 

During  the  course  of  a  ten  year  period, 
significant  population  growth  can,  and 
usually  does  occur  within  the  boundaries  of 
an  individual  municipality.  Significant 
changes  in  population  throughout  the  state 
also  occur.  That  is  why  it  is  absolutely 
essential  that  ward  lines  and  legislative 
districts  be  drawn  in  a  manner  which,  at  the 
very  outset,  provides  for  the  least  possible 
deviation  between  comparable  districts. 

I  believe  that  the  ward  lines  as 
proposed  in  HB  32  fail  this  test,  and  fail 
this  test  substantially.  The  overall 
deviation  between  the  nine  wards  as  proposed 
is  over  18$.  That  level  of  deviation  would 
be  unacceptable  to  me  on  a  statewide  level 
where  it  is  extremely  difficult  to  draw 
comparable  legislative  districts  due  to  the 
multiplicity  of  sub-state  jurisdictions 
involved.  It  is  even  more  unacceptable  to 
me  when  all  nine  districts  proposed  to  be 
redrawn  are  contained  within  a  single 
political  entity,  therefore,  there  is  no 
apparent  reason  to  have  anything  greater 
than  a  de  minimis  deviation  between  wards. 

Additionally,  the  matter  of 
reapportionment  of  state  legislative 
districts  —  both  House  and  Senate  —  is  now 
properly  before  the  Courts.  The  Federal 
District  Court  is  conducting  a  hearing  on 
the  House  passed  reapportionment  plan  on 
next  Thursday,  May  27,  1982,  and  the  State 
Supreme  Court  heard  oral  argument  on  the 
existing  Senate  reapportionment  law  on 
Friday,  May  21,  1982.   I  believe  it  would  be 
inappropriate  for  me  to  take  affirmative 
action  on  individual  city  redistricting 
bills  until  the  courts  have  ruled  on  the 
matters  before  them  which  relate  to  the 
apportionment  of  legislative  districts  for 
the  entire  State  of  New  Hampshire. 

For  these  reasons,  I  am  returning  House 
Bill  32  to  you.  I  hope  you  will  concur  with 
n^  objections  and  sustain  this  veto. 
Sincerely, 
Hugh  J.  Gallen,  Governor 

Rep.  Spirou  moved  that  consideration  of 
the  Governor's  veto  message  be  laid  upon  the 
table. 

Adopted. 


HOUSE  JOURNAL  9JUN82 


817 


VETO  MESSAGE  ON  HB  39 

To  the  Honorable  Members  of  the  General  Court 

Pursuant  to  Part  II,  Article  44  of  the 
New  Hampshire  Constitution,  I  return  House 
Bill  39,  with  my  objections  thereto  noted. 

This  legislation  has  two  primary 
components.  First,  provisions  which 
authorize  the  City  of  Concord  to  conduct  a 
special  election  to  ratify  newly  drawn  ward 
lines.  And  second,  provisions  which  specify 
that  of  the  13  representatives  allocated  by 
the  General  Court  to  Concord's  eight  wards, 
five  will  be  required  to  run  at-large.   It 
is  the  latter  of  these  provisions  which 
makes  the  bill  unacceptable  to  me. 

Our  state's  Founding  Fathers,  as  well  as 
several  Constitutional  Conventions  and 
Legislatures,  which  have  considered  the 
issue  of  representative  district 
apportionment  since  the  inception  of  our 
republican  form  of  government,  have 
repeatedly  endorsed  the  fundamental  concept 
of  small  district  representation.  They  did 
this  in  large  part,  I  believe,  because  of 
their  firm  commitment  to  the  constitutional 
requirement  that  no  person's  vote  shall  be 
entitled  to  greater  weight  than  another's. 

I  believe  that  the  plan  for  allocating 
representatives  contained  in  House  Bill  39 
seriously  interferes  with  the  small  district 
representative  concept  that  I  support,  and 
has  the  potential  for  interfering  with  the 
fundamental  one  man,  one  vote  principle. 
Further,  I  have  been  requested  by 
representatives  of  both  political  parties 
within  the  City  of  Concord  to  veto  this 
legislation.  Their  concerns  and  my  concerns 
with  this  bill  are  not  the  proposed  ward 
lines  or  the  special  election  to  ratify 
those  proposed  ward  lines.  But  rather,  it 
is  the  form  in  which  the  representatives 
from  the  City  of  Concord  are  to  be  elected 
over  the  next  ten  years. 

Additionally,  the  matter  of 
reapportionment  of  the  state  legislative 
districts  —  both  House  and  Senate  —  is  now 
properly  before  the  Courts.  The  Federal 
District  Court  is  conducting  a  hearing  on 
the  House  passed  reapportionment  plan  on 
next  Thursday,  May  27,  1982,  and  the  New 
Hampshire  Supreme  Court  heard  oral  argument 
on  the  existing  Senate  reapportionment  law 
on  Friday,  May  21,  1982.  I  believe  it  would 
be  inappropriate  for  me  to  take  affirmative 
action  on  individual  city  redistricting 
bills  until  the  courts  have  ruled  on  the 
matters  before  them  which  relate  to  the 
apportionment  of  legislative  districts  for 
the  entire  State  of  New  Hampshire. 

If  legislation  authorizing  a  special 
election  for  the  City  of  Concord  to  ratify 
new  ward  lines  had  reached  me  either 
individually,  or  in  a  different  form,  I 
would  have  been  disposed  to  sign  this  bill 
into  law.  In  its  present  form  however,  I 
cannot  allow  it  to  become  law,  and  I  hope 
that  you  will  concur  with  my  objections  and 
sustain  this  veto. 
Sincerely, 
Hugh  J.  Gallen,  Governor 


Rep.  Baybutt  moved  that  consideration  of 
the  Governor's  veto  message  be  laid  upon  the 
table. 

Adopted. 

VETO  MESSAGE  ON  HB  43 

To  the  Honorable  Members  of  the  General  Court 

Pursuant  to  Part  II,  Article  44  of  the 
New  Hampshire  Constitution,  I  am  returning 
House  Bill  43,  with  my  objections  thereto 
noted. 

Section  1  of  this  act  contains  a  plan 
for  reallocating  state  representatives 
within  Strafford  County.  Specifically  of 
concern  to  me  is  the  plan  contained  therein 
for  the  allocation  of  representatives  within 
the  City  of  Dover.  That  plan  assigns  one 
representative  to  each  of  the  six  wards  and 
further  requires  that  three  representatives 
are  to  be  elected  at-large  from  all  six 
wards  combined  from  a  total  population  of 
over  22,000. 

Our  state's  Founding  Fathers,  as  well  as 
several  Constitutional  Conventions  and 
Legislatures,  which  have  considered  the 
issue  of  representative  district 
apportionment  since  the  inception  of  our 
republican  form  of  government,  have 
repeatedly  endorsed  the  fundamental  concept 
of  small  district  representation.  They  did 
this  in  large  part,  I  believe,  because  of 
their  firm  commitment  to  the  constitutional 
requirement  that  no  person's  vote  shall  be 
entitled  to  greater  weight  than  another's. 

I  believe  that  the  plan  for  allocating 
representatives  contained  in  HB  43  seriously 
interferes  with  the  small  district 
representative  concept  that  I  support,  and 
has  the  potential  for  interfering  with  the 
fundamental  one  man,  one  vote  principle. 

With  respect  to  the  other  portions  of  HB 
43  which  contain  a  plan  for  the  allocation 
of  representatives  within  the  City  of 
Manchester  as  well  as  a  proposal  to  redraw 
the  ward  lines  within  Manchester,  I  believe 
that  a  better,  more  equitable  and  judicious 
plan  can  be  developed  which  will  have  the 
support  of  a  broad  cross  section  of  the 
Manchester  community. 

Additionally,  the  matter  of 
reapportionment  of  state  representative 
districts  is  now  before  the  Federal  District 
Court.  A  hearing  on  the  House  passed 
reapportionment  plan  is  scheduled  for  today, 
May  27,  1982.  I  believe  it  would  be 
Inappropriate  for  me  to  take  affirmative 
action  on  individual  city  redistricting 
bills  until  the  Court  has  ruled  on  the 
matters  before  them  which  relate  to  the 
reapportionment  of  legislative  districts  for 
the  entire  State  of  New  Hampshire. 

For  these  reasons,  I  am  returning  HB  43 
to  you.  I  hope  you  will  concur  with  my 
objections  and  sustain  this  veto. 
Sincerely, 
Hugh  J.  Gallen,  Governor 

Rep.  Krasker  moved  that  consideration  of 
the  Governor's  veto  message  be  laid  upon  the 
table. 

Adopted . 


818 


HOUSE  JOURNAL  9JUN82 


ENROLLED  BILLS  AMENDMENT 

HB  31 -FN,  establishing  ward  lines  for 
the  city  of  Berlin. 

Amendment 

Amend  the  bill  by  striking  out  lines  t 
and  5  on  page  3  and  inserting  in  place 
thereof  the  following: 

intersection  of  the  spur  and  the  center line 
of  Wood  Street,  thence  easterly  parallel  to 
the  center line  of  Wood  Street,  to  the 
Berlin-Success  corporate  boundary. 

Amend  the  bill  by  striking  out  Ward  4  as 
inserted  by  section  1  of  the  bill  and 
inserting  in  place  thereof  the  following: 

Ward  4  shall  include  all  that  part  of 
said  city  of  Berlin  lying  southeasterly  of 
the  Androscoggin  river  and  southerly  and 
easterly  of  the  above  described  line. 

This  amendment  corrects  an  error  in  the 
Ward  3  description.  This  amendment  also 
corrects  an  error  in  the  Ward  4  description. 

Adopted. 

RECESS 

Rep.  Spirou  moved  that  the  veto  message 

on  HB  32,  establishing  the  ward  lines  in  the 

city  of  Nashua,  be  removed  from  the  table. 

Adopted. 


Grasso,  Head,  Heald,  Howard  Humphrey,  Thomas 
Hynes,  Keefe,  Knight,  Labombarde,  Martineau, 
Howard  Mason,  Mazur,  Messier,  Norman 
Packard,  Aime  Paradis,  Peters,  G.  Philip 
Rodgers,  Roy,  William  Russell,  Sallada, 
Silva,  B,  P.  Smith,  Steiner,  Stone, 
Stylianos,  James  Sullivan,  Tamposi,  Van 
Loan,  Vergas,  Ware,  Kenneth  Wheeler  and  M. 
Arnold  Wight. 

MERRIMACK:   Laurent  Boucher,  Bowes,  Brady, 
John  Cate,  Milton  Cate,  Dean,  James 
Humphrey,  Kidder,  Lewis,  Locke,  Nichols, 
David  Packard,  Parker,  Doris  Riley,  William 
Roberts,  Stark,  Stio,  Trachy,  Underwood, 
Waters,  Ashton  Welch,  James  Whittemore  and 
Wiviott. 

ROCKINGHAM:  Benton,  Blake,  William  Boucher, 
Burdick,  Butler,  Cote,  Day,  Espinola,  Felch, 
Flanagan,  Flanders,  Beverly  Gage,  Thomas 
Gage,  Kenneth  Gould,  Gretsoh,  Hoar,  Kane, 
Kelley,  Roger  King,  Lockhart,  Lovejoy,  Mace, 
Robert  Mason,  Nevins,  Newell,  Parr,  Pevear, 
Quimby,  Romoli,  Schmidtchen,  Schwaner, 
Shurtleff,  Skinner,  Splaine,  Stimmell, 
Sytek,  Tavitian,  Tufts,  John  Walker, 
Warburton,  Wolf sen  and  Raymond  Wood. 

STRAFFORD:   Appleby,  Bickford,  Bouchard, 
Gauvin,  Meader,  Sackett,  Lawrence  Smith  and 
Franklin  Torr. 

SULLIVAN:   Cutting,  Gordon  Flint,  Leonard 
Gray,  Ingram,  Palmer,  Quinlan,  Spaulding  and 
Townsend . 


Reps.  Spirou  and  Winn  spoke  against  the 
bill. 

Reps.  Carragher  and  Tamposi  spoke  in 
favor  of  the  bill  and  yielded  to  questions. 

Question  being  notwithstanding  the 
Governor's  veto  shall  HB  32  pass. 

A  roll  call  was  taken  as  required  by  the 
Constitution. 

(Speaker  presiding) 

YEAS   181  NAYS   11U 

YEAS   181 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Holbrook,  Lamprey,  Christina  O'Neill, 
Pearson,  Randall,  Rich,  Rollins  and  David 
Whittemore. 


NAYS   114 
BELKNAP:  Bolduc  and  Gary  Dionne. 
CARROLL:   Allen. 

CHESHIRE:  Barber,  Daniel  Eaton,  Hickey, 
Lynch,  Matson,  Proctor,  Margaret  Ramsay, 
William  Riley,  Rouillard  and  Patricia 
Russell. 

COOS:  Brideau,  Richard  Demers,  Lawrence 
Guay,  Langley,  Mayhew,  Oleson,  Theriault, 
Valllere  and  York. 

GRAFTON:   Chambers,  Copenhaver,  Crory  and 
Seely. 


CARROLL:  Barringer,  Heath,  Howard,  Keller, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Eisengrein,  Ernst,  Robert  Galloway,  Gordon, 
Lane,  Miller,  Moore,  Perry,  Scranton  and 
Jean  White. 

COOS;  Brungot,  Burns,  Chardon,  Horton  and 
Wiswell. 

GRAFTON:   Buckman,  Christy,  Clark,  Driscoll, 
Hammond,  LaMott,  Logan,  Look,  Mann, 
Mansfield,  Mclver,  Pepitone,  Rounds,  Snell, 
Taffe,  Glyneta  Thomson,  Walter,  Ward  and 
Roger  Wood. 

HILLSBOROUGH:  Ahrens,  Ainley,  Amidon, 

Boisvert,  Bridgewater,  Carpenter,  Carragher, 

Carswell,  Charpentier,  DeForte,  Dolbec, 

Donovan,  Joseph  Eaton,  Ford,  Granger,  Sal 


HILLSBOROUGH:   Debora  Ahern,  Richard  Ahern, 
Arnold,  Baker,  Brack,  Burkush,  Casinghino, 
Cronin,  Crotty,  William  Dion,  Duval,  Gagnon, 
Richard  Galway,  Healy,  Horan,  Kaklamanos, 
Katsiaficas,  Leclerc,  Lefebvre,  Levesque, 
Madigan,  Milton  Meyers,  Mulligan,  Nardi, 
Nemzoff,  Chris  Papadopoulos,  Pariseau, 
Pastor,  Denise  Raiche,  Maureen  Raiche,  Peter 
Ramsey,  Soucy,  Spirou,  Mary  Sullivan, 
Sweeney,  Turgeon,  Vachon,  Wallace,  Bernice 
Welch,  James  J.  White,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Carroll,  Degnan, 
Morse,  James  O'Neill,  Margaret  Roberts, 
Savaria,  Gerald  Smith,  Lawrence  Sullivan, 
Rick  Trombly  and  Mary  Jane  Wallner. 

ROCKINGHAM:   Blaisdell,  Blanchette, 
Carpenito,  Connors,  Cotton,  Downing, 
Ellyson,  Hollingworth,  John  Hynes,  Kozacka, 
Krasker,  Leslie,  LoFranco,  Joseph  MacDonald, 
Pantelakos  and  Read. 


HOUSE  JOURNAL  9JUN82 


819 


STRAFFORD:      Belhumeur,    Bernard,    Chagnon, 
Creteau,   James  Demers,    Demetracopoulos, 
Phyllis  DeNafio,    Teresa  DeNafio,    Albert 
Dionne,   Donnelly,   Charles  Grassie,   Kincaid, 
Pageotte,   Schreiber  and  Whitehead. 

SULLIVAN:      Brodeur,    Forrest,    Sim  Gray  and 
LeBrun,    and  the  veto  was  sustained   lacking 
the  constitutional  requirement  of  two-thirds. 

Rep.  McGlynn  notified  the  Clerk   that  she 
wished   to  be  recorded  as  voting  nay  on  the 
veto   to  HE   32. 

Rep.   Baybutt  moved   that  the  veto  message 
on  HB  39,   establishing  the  ward   lines  in  the 
city  of  Concord  and  amending  the  charter  of 
said  city,    be  removed   from  the   table. 

Adopted. 

Question  being  notwithstanding  the 
Governor's  veto  shall  HB  39  pass. 

A  roll  call  was  taken  as  required   by  the 
Constitution. 

(Speaker  presiding) 

YEAS      165     NAYS      124 

YEAS     165 

BELKNAP:  Birch,  French,  Earle  Hardy, 
Holbrook,  Lamprey,  Christina  O'Neill, 
Pearson,  Randall,  Rich,  Rollins  and  David 
Whittemore. 

CARROLL:  Barringer,  Heath,  Howard,  Keller, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Robert  Galloway,  Gordon,  Lane,  Moore, 
Perry,  Scranton  and  Jean  White. 

COOS:  Brungot,  Bums,  Chardon,  Horton  and 
Wiswell. 

GRAFTON:   Buckman,  Christy,  Clark,  Driscoll, 
Hammond,  LaMott,  Logan,  Look,  Mann, 
Mansfield,  Mclver,  Pepitone,  Rounds,  Snell, 
Taffe,  Glyneta  Thomson,  Warter,  Ward  and 
Roger  Wood. 

HILLSBOROUGH:   Ahrens,  Ainley,  Amidon, 
Bridgewater,  Carpenter,  Carragher,  Dolbec, 
Joseph  Eaton,  Granger,  Sal  Grasso,  Heald, 
Howard  Humphrey,  Thomas  Hynes,  Keefe, 
Knight,  Labombarde,  Martineau,  Howard  Mason, 
Mazur,  Messier,  Norman  Packard,  Aime 
Paradis,  Peters,  G.  Philip  Rodgers,  William 
Russell,  Sallada,  Silva,  B.  P.  Smith, 
Steiner,  Stylianos,  Tamposi,  Van  Loan, 
Vergas,  Ware,  Kenneth  Wheeler  and  M.  Arnold 
Wight. 

MERRIMACK:  Laurent  Boucher,  Bowes,  Brady, 
John  Gate,  Milton  Gate,  Dean,  James 
Humphrey,  Kidder,  Lewis,  Locke,  Nichols^ 
David  Packard,  Parker,  Doris  Riley,  William 
Roberts,  Savaria,  Stark,  Stio,  Underwood, 
Waters,  Ashton  Welch  and  James  Whittemore. 

ROCKINGHAM:  Blake,  William  Boucher, 
Burdick,  Butler,  Cote,  Day,  Espinola,  Felch, 
Flanagan,  Flanders,  Beverly  Gage,  Thomas 
Gage,  Kenneth  Gould,  Gretsch,  Hoar,  Kane, 
Kelley,  Roger  King,  Lockhart,  Love joy.  Mace, 
Nevins,  Newell,  Parr,  Pevear,  Quimby, 
Romoli,  Schwaner,  Shurtleff,  Skinner, 
Splaine,  Stimmell,  Sytek,  Tavitian,  Tufts, 


John  Walker,  Warburton,  Wolf sen  and  Raymond 
Wood. 

STRAFFORD:  Appleby,  Bickford,  Bouchard, 
Gauvin,  Meader,  Sackett,  Lawrence  Smith  and 
Franklin  Torr. 

SULLIVAN:   Cutting,  Gordon  Flint,  Leonard 
Gray,  Ingram,  Palmer,  Quinlan,  Spaulding  and 
Townsend. 

NAYS   124 

BELKNAP:  Bolduc  and  Gary  Dionne. 

CARROLL:  Allen. 

CHESHIRE:  Barber,  Daniel  Eaton,  Eisengrein, 
Hickey,  Lynch,  Matson,  Miller,  Proctor, 
Margaret  Ramsay,  William  Riley,  Rouillard 
and  Patricia  Russell. 

COOS:  Beaulac,  Brideau,  Richard  Demers, 
Lawrence  Guay,  Langley,  Mayhew,  Oleson, 
Theriault,  Valliere  and  York. 

GRAFTON:   Copenhaver,  Crory  and  Seely. 

HILLSBOROUGH:   Debora  Ahem,  Richard  Ahern, 
Arnold,  Baker,  Boisvert,  Brack,  Burkush, 
Carswell,  Casinghino,  Cronin,  Crotty, 
DeForte,  William  Dion,  Donovan,  Duval, 
Gagnon,  Richard  Galway,  Hall,  Healy,  Horan, 
Katsiaficas,  Leclerc,  Lefebvre,  Levesque, 
Madigan,  McGlynn,  Milton  Meyers,  Mulligem, 
Nardi,  Nemzoff,  Chris  Papadopoulos, 
Pariseau,  Pastor,  Denise  Raiche,  Maureen 
Raiche,  Peter  Ramsey,  Roy,  Soucy,  Spirou, 
Stone,  James  Sullivan,  Sweeney,  Turgeon, 
Vachon,  Wallace,  Bernice  Welch,  James  J. 
White,  Winn  and  Zajdel. 

MERRIMACK:  Bellerose,  Carroll,  Degnan, 
Morse,  James  O'Neill,  Margaret  Roberts, 
Gerald  Smith,  Lawrence  Sullivan,  Trachy, 
Rick  Trembly,  Mary  Jane  Wallner  and  Wiviott. 

ROCKINGHAM:  Benton,  Blaisdell,  Blanchette, 
Carpenito,  Connors,  Cotton,  Downing, 
Ellyson,  Hollingworth,  John  Hynes,  Kozacka, 
Krasker,  Leslie,  LoFranco,  Joseph  MacDonald, 
Pante lakes  and  Read. 

STRAFFORD:  Belhumeur,  Bernard,  Chagnon, 
Creteau,  James  Demers,  Demetracopoulos, 
Teresa  DeNafio,  Albert  Dionne,  Donnelly, 
Charles  Grassie,  Kincaid,  Pageotte, 
Schreiber  and  Whitehead. 

SULLIVAN:  Brodeur,  Forrest,  Sim  Gray  and 
LeBrun,  and  the  veto  was  sustained  lacking 
the  constitutional  requirement  of  two-thirds. 

Rep.  Krasker  moved  that  the  veto  message 
on  HB  43,  relative  to  election  of 
representatives  to  the  general  court  from 
Dover  and  establishing  ward  lines  for  the 
city  of  Manchester  and  simending  its  charter, 
be  removed  from  the  table. 

Adopted . 

Rep.   Spirou  spoke  against   the  bill. 

Rep.   Norman  Packard  spoke  in  favor  of 
the   bill. 

Question   being  notwithstanding  the 
Governor's  veto  shall  HB  43  pass. 


820 


HOUSE  JOURNAL  9JUN82 


A  roll  call  was  taken  as  required   by   the 
Constitution. 

(Speaker  presiding) 

YEAS      18H     NAYS      112 

YEAS     184 

BELKNAP:  Birch,  Earle  Hardy,  Holbrook, 
Lamprey,  Christina  O'Neill,  Pearson, 
Randall,  Rich  and  David  Whittemore. 

CARROLL:  Allen,  Barringer,  Heath,  Howard, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:  Baybutt,  Crane,  Jesse  Davis, 
Ernst,  Robert  Galloway,  Gordon,  Lane, 
Miller,  Moore,  Perry,  Scranton  and  Jean 
White. 

COOS:  Beau lac,  Brungot,  Burns,  Chardon  and 
Horton. 

GRAFTON:   Buckman,  Christy,  Clark,  Driscoll, 
Hammond,  Logan,  Look,  Mann,  Mansfield, 
Mclver,  Pepitone,  Rounds,  Seely,  Snell, 
Glyneta  Thomson,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Ahrens,  Ainley,  Amidon, 
Arnold,  Boisvert,  Bridgewater,  Carpenter, 
Carragher,  Carswell,  Charpentier,  Cronin, 
DeForte,  Dolbec,  Clyde  Eaton,  Joseph  Eaton, 
Granger,  Sal  Grasso,  Heald,  Howard  Humphrey, 
Thomas  Hynes,  Keefe,  Kizala,  Knight, 
Labombarde,  Martineau,  Howard  Mason,  Mazur, 
Messier,  Milton  Meyers,  Norman  Packard,  Aime 
Paradis,  Pariseau,  Peters,  G.  Philip 
Rodgers,  William  Russell,  Sallada,  Silva,  B. 
P.  Smith,  Steiner,  Stone,  Stylianos,  James 
Sullivan,  Tamposi,  Turgeon,  Vachon,  Van 
Loan,  Vergas,  Ware,  Watson,  Kenneth  Wheeler 
and  M.  Arnold  Wight. 

MERRIMACK:   Laurent  Boucher,  Bowes,  Brady, 
John  Gate,  Milton  Gate,  Dean,  James 
Humphrey,  Kidder,  Lewis,  Locke,  Nichols, 
David  Packard,  Paire,  Parker,  Doris  Riley, 
William  Roberts,  Savaria,  Gerald  Smith, 
Stark,  Stio,  Trachy,  Underwood,  Waters, 
Ashton  Welch,  James  Whittemore  and  Wiviott. 

ROCKINGHAM:  Benton,  Blaisdell,  Blake, 
William  Boucher,  Burdick,  Butler,  Cote,  Day, 
Ellyson,  Espinola,  Felch,  Flanagan, 
Flanders,  Beverly  Gage,  Thomas  Gage,  Kenneth 
Gould,  Gretsch,  Hoar,  Kane,  Kelley,  Roger 
King,  Lockhart,  Lovejoy,  Mace,  Robert  Mason, 
Nevins,  Newell,  Parr,  Pevear,  Quimby, 
Romoli,  Schmidtchen,  Schwaner,  Shurtleff, 
Stimmell,  Sytek,  Tavitian,  Tufts,  John 
Walker,  War  burton,  Wolf  sen  and  Raymond  Wood. 

STRAFFORD:   Appleby,  Bickford,  Gauvin, 
Meader,  Sackett,  Lawrence  Smith  and  Franklin 
Torr. 

SULLIVAN:   Cutting,  Gordon  Flint,  Leonard 
Gray.  Sim  Gray,  Ingram,  Palmer,  Quinlan  and 
Spaulding. 

NAYS  112 

BELKNAP:   Bolduc  and  Gary  Dionne. 

CARROLL:   None. 

CHESHIRE:  Barber,  Daniel  Eaton,  Eisengrein, 
Hickey,  Lynch,  Matson,  Proctor,  Margaret 


Ramsay,  William  Riley,  Rouillard  and 
Patricia  Russell. 

COOS:  Brideau,  Richard  Demers,  Lawrence 
Guay,  Langley,  Mayhew,  Oleson,  Theriault, 
Valliere  and  York. 


GRAFTON: 
Taffe. 


Chambers,  Copenhaver,  Crory  and 


HILLSBOROUGH:  Debora  Ahern,  Richard  Ahern, 
Baker,  Brack,  Burkush,  Casinghino,  Crotty, 
William  Dion,  Donovan,  Duval,  Gagnon, 
Richard  Galway,  Hall,  Healy,  Horan, 
Kaklamanos,  Katsiaficas,  Leclerc,  Lefebvre, 
Levesque,  Madigan,  McGlynn,  Mulligan,  Nardi, 
Nemzoff,  Chris  Papadopoulos,  Pastor,  Denise 
Raiche,  Maureen  Raiche,  Peter  Ramsey,  Roy, 
Soucy,  Spirou,  Mary  Sullivan,  Sweeney, 
Wallace,  Bernice  Welch,  James  J.  White,  Winn 
and  Zajdel. 

MERRIMACK:   Bellerose,  Bodi,  Carroll, 
Degnan,  Morse,  James  O'Neill,  Margaret 
Roberts,  Lawrence  Sullivan,  Rick  Trembly  and 
Mary  Jane  Wallner. 

ROCKINGHAM:  Blanchette,  Carpenito,  Connors, 
Cotton,  Downing,  Hollingworth,  John  Hynes, 
Kozacka,  Krasker,  Leslie,  LoFranco,  Joseph 
MacDonald,  Pantelakos,  Read  and  Splaine. 

STRAFFORD:   Belhumeur,  Bernard,  Bouchard, 
Chagnon,  Creteau,  James  Demers, 
Demetracopoulos,  Phyllis  DeNafio,  Teresa 
DeNafio,  Albert  Dionne,  Donnelly,  Charles 
Grassle,  Kincaid,  Pageotte,  Schreiber  and 
Whitehead. 

SULLIVAN:  Brodeur,  David  Campbell, 
D'Amante,  Forrest  and  LeBrun,  and  the  veto 
was  sustained  lacking  the  constitutional 
requirement  of  two-thirds. 

Reps.  Townsend,  Keller  and  French 
notified  the  Clerk  that  they  wished  to  be 
recorded  as  voting  yea  on  the  veto  message 
on  HB  43. 

Rep.  Krasker  moved  that  HB  45-FN, 
establishing  the  ward  lines  for  the  city  of 
Portsmouth  and  amending  the  charter  of  said 
city,  be  removed  from  the  table. 

Adopted. 

Question  being  on  the  Committee 
amendment . 

Rep.  Sytek  withdrew  the  amendment. 

Rep.  Krasker  offered  an  amendment. 

Amendment 

Amend  section  1  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following; 

1  City  of  Portsmouth;  Wards.  Amend 
1895,  18:1,  as  amended  by  1947,  390:1;  1957, 
412:1;  and  1971,  582:1,  by  striking  out  said 
section  and  inserting  in  place  thereof  the 
following: 

Section  1.  The  city  of  Portsmouth  in 
the  county  of  Rockingham  is  and  shall  be 
divided  into  5  wards  which  shall  be 
constituted  as  follows: 

Ward  1  shall  contain  all  that  part 
of  the  city  included  within  the  following 


HOUSE  JOURNAL  9JUN82 


821 


boundaries:  Beginning  at  a  point  in  the 
Piscataqua  river  on  the  boundary  of  the  city 
of  Portsmouth,  the  state  of  Maine,  and  the 
town  of  Newington;  thence  westerly  along 
Gosling  road  to  the  intersection  of  Gosling 
road  and  Woodbury  avenue;  thence  southerly 
along  Woodbury  avenue  a  distance  of  1,000 
feet;  thence  westerly  along  a  line 
perpendicular  to  Woodbury  avenue  a  distance 
of  500  feet;  thence  along  a  line  parallel  to 
Woodbury  avenue  at  a  distance  of  500  feet 
until  said  line  intersects  Durgin  lane; 
thence  easterly  along  Durgin  lane  to  the 
intersection  of  Durgin  lane  and  Woodbury 
avenue;  thence  southerly  along  Woodbury 
avenue  to  the  intersection  of  Woodbury 
avenue  and  Bartlett  street;  thence  southerly 
along  Bartlett  street  to  the  point  where 
so-called  Hodgson  brook  crosses  under 
Bartlett  street  to  flow  into  the  North  Mill 
pond;  thence  northeasterly  along  the  center 
of  the  North  Mill  pond  to  the  Market  street 
extension;  thence  northerly  along  Market 
street  extension  to  Interstate  95;  thence 
northwesterly  along  Interstate  95  to  a  point 
on  the  Piscataqua  river  on  the  boundary  of 
the  city  of  Portsmouth  and  the  state  of 
Maine;  thence  northwesterly  along  said 
boundary  to  the  point  of  beginning. 

Ward  2  shall  contain  all  that  part  of 
the  city  included  within  the  following 
boundaries:  Beginning  at  a  point  on  the 
Maplewood  avenue  bridge  at  the  northeast  end 
of  North  Mill  pond;  thence  southerly  along 
Maplewood  avenue  to  the  intersection  of 
Maplewood  avenue  and  Middle  street;  thence 
southwesterly  along  Middle  street  to  the 
intersection  of  Middle  street  and  Miller 
avenue;  thence  southeasterly  along  Miller 
avenue  to  the  Intersection  of  Miller  street 
and  South  street;  thence  westerly  along 
South  street  to  the  intersection  of  South 
street  and  Middle  road;  thence  westerly 
along  Middle  road  to  the  overpass  at  U.S. 
route  1  bypass;  thence  northerly  along  the 
route  1  bypass  to  the  intersection  of  U.S. 
route  1  bypass  and  Cottage  "street;  thence 
easterly  along  Cottage  street  to  the 
intersection  of  Cottage  street  and  Woodbury 
avenue;  thence  southeasterly  along  Woodbury 
avenue  to  the  intersection  of  Woodbury 
avenue  and  Bartlett  street;  thence  southerly 
along  Bartlett  street  to  the  point  where 
so-called  Hodgson  brook  crosses  under 
Bartlett  street  to  flow  into  the  North  Mill 
pond;  thence  northeasterly  along  the  center 
of  the  North  Mill  pond  to  the  point  of 
beginning. 

Ward  3  shall  contain  all  that  part  of 
the  city  included  within  the  following 
boundaries:   Beginning  at  a  point  in  the 
Piscataqua  river  on  the  boundary  of  the  city 
of  Portsmouth,  the  state  of  Maine,  and  the 
town  of  Newington;  thence  westerly  along 
Gosling  road  to  the  intersection  of  Gosling 
road  and  Woodbury  avenue;  thence  southerly 
along  Woodbury  avenue  a  distance  of  1,000 
feet;  thence  westerly  along  a  line 
perpendicular  to  Woodbury  avenue  a  distance 
of  500  feet;  thence  along  a  line  parallel  to 
Woodbury  avenue  at  a  distance  of  500  feet 
until  said  line  intersects  Durgin  lane; 
thence  easterly  along  Durgin  lane  to  the 
intersection  of  Durgin  lane  and  Woodbury 
avenue;  thence  southerly  along  Woodbury 
avenue  to  the  intersection  of  Woodbury 


avenue  and  Cottage  street;  thence  westerly 
along  cottage  street  to  the  intersection  of 
Cottage  street  and  U.S.  route  1  bypass; 
thence  southerly  along  the  route  1  bypass  to 
the  New  Hampshire  route  101  overpass;  thence 
westerly  along  route  101  to  the  intersection 
of  route  101  and  the  Hampton  branch  of  the 
Boston  and  Maine  railroad;  thence 
southwesterly  along  said  railroad  tracks  to 
the  Intersection  of  said  railroad  tracks  and 
Banfield  road;  thence  northwesterly  along  a 
straight  line  to  the  intersection  of  the 
interstate  95  and  boundary  of  the  city  and 
the  town  of  Greenland;  thence  northerly 
along  said  boundary  to  the  boundary  of  the 
city  and  the  town  of  Newington;  thence 
northerly  and  then  northeasterly  along  said 
boundary  of  the  city  and  the  town  of 
Newington  to  the  point  of  beginning. 

Ward  4  shall  contain  all  that  part  of 
the  city  included  within  the  following 
boundaries:   Beginning  at  a  point  at  the 
intersection  of  Summit  avenue  and  South 
street;  thence  westerly  along  South  street 
to  the  intersection  of  South  street  and  New 
Hampshire  route  101;  thence  westerly  along 
route  101  to  the  intersection  of  route  101 
and  the  Hampton  branch  of  the  Boston  and 
Maine  railroad;  thence  southwesterly  along 
said  railroad  tracks  to  the  intersection  of 
said  railroad  tracks  and  Banfield  road; 
thence  northwesterly  along  a  straight  line 
to  the  intersection  of  interstate  95  and  the 
boundary  of  the  city  and  the  town  of 
Greenland;  thence  southerly  along  said 
boundary  of  the  city  aind  the  town  of 
Greenland  to  the  intersection  of  said 
boundary  and  the  boundary  of  the  city  and 
the  town  of  Rye;  thence  southeasterly  and 
then  northeasterly  along  said  boundary  of 
the  city  and  the  town  of  Rye  to  the  center 
of  Sagamore  creek;  thence  westerly  along  the 
center  of  Sagamore  creek  to  the  Lafayette 
road  bridge  over  Sagamore  creek;  thence 
northerly  along  Lafayette  road  to  the 
intersection  of  Lafayette  road  and  Alumni 
drive;  thence  easterly  along  Alumni  drive 
and  a  line  which  is  an  extension  of  Alumni 
drive  to  a  point  on  a  line  which  is  an 
extension  of  Summit  avenue;  thence  northerly 
along  said  extension  of  Summit  avenue  and 
Summit  avenue  to  the  point  of  beginning. 

Ward  5  shall  contain  all  that  part  of 
the  city  included  within  the  following 
boundaries:  Beginning  at  a  point  in  the 
Piscataqua  river  along  Interstate  95  on  the 
boundary  of  the  city  of  Portsmouth  and  the 
state  of  Maine;  thence  southwesterly  along 
Interstate  95  to  Market  street  extension; 
thence  southerly  along  Market  street 
extension  to  an  arm  of  the  Piscataqua  river 
at  the  northeast  end  of  the  North  Mill  pond; 
thence  southwesterly  along  the  North  Mill 
pond  to  the  Maplewood  avenue  bridge;  thence 
southerly  along  Maplewood  avenue  to  the 
intersection  of  Maplewood  avenue  and  Middle 
street;  thence  southwesterly  along  Middle 
street  to  the  intersection  of  Middle  street 
and  Miller  avenue;  thence  southeasterly 
along  Miller  avenue  to  the  intersection  of 
Miller  avenue  and  South  street;  thence 
westerly  along  South  street  to  the 
intersection  of  South  street  and  Summit 
avenue;  thence  southerly  along  Summit  avenue 
and  a  line  which  is  an  extension  of  Summit 
avenue  to  a  point  on  a  line  which  is  an 


822 


HOUSE  JOURNAL  9JUN82 


extension  of  Alumni  drive;  thence  westerly 
along  said  extension  of  Alumni  drive  and 
Alumni  drive  to  Lafayette  road;  thence 
southerly  along  Lafayette  road  to  the 
Lafayette  road  bridge  across  Sagamore  creek; 
thence  easterly  along  the  center  of  Sagamore 
creek  to  the  boundary  of  the  city  with  the 
town  of  Rye  in  said  Sagamore  creek;  thence 
northeasterly  along  said  boundary  of  the 
city  and  town  of  Rye  to  the  boundary  of  the 
city  and  the  town  of  New  Castle  in  the 
Piscataqua  river;  thence  northeasterly  along 
said  boundary  of  the  city  and  town  of  New 
Castle  to  the  boundary  of  the  city  and  the 
state  of  Maine  in  the  Piscataqua  river; 
thence  northwesterly  along  said  boundary  of 
the  city  aind  the  state  of  Maine  to  the  point 
of  beginning. 

Amend  section  4  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

>i     Representatives  in  1982.  Wards  1  and 
6  shall  be  entitled  to  3  representatives; 
wards  2  and  5  shall  be  entitled  to  3 
representatives;  and  wards  3  and  4  and  the 
town  of  Newington  shall  be  entitled  to  6 
representatives. 

Hearing  no  objection,  the  Chair  advised 
the  Clerk  to  dispense  with  the  reading  of 
the  amendment. 

Rep.  Krasker  explained  the  amendment. 

Rep.  Joseph  MacDonald  spoke  in  favor  of 
the  amendment. 

Amendment  adopted. 


Rep.  Sytek  offered  an  amendment. 
Amendment 

Amend  the  title  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

AN  ACT 

establishing  the  ward  lines  for  the  city 

of  Portsmouth  and  amending  the  Portsmouth 

city  charter;  establishing  the  ward  lines 

for  the  city  of  Manchester  and  amending  the 

Manchester  city  charter;  establishing  the 

ward  lines  for  the  city  of  Concord  and 

amending  the  Concord  city  charter; 

establishing  ward  lines  in  the  city  of 

Nashua;  and  relative  to  election  of 

representatives  to  the  general 

court  from  Keene. 

Amend  the  bill  by  striking  out  all  after 
section  4  and  inserting  in  place  thereof  the 
following: 

5  Representatives  to  the  General  Court 
for  1982.  Amend  RSA  662:5,  VIII  (supp)  as 
inserted  by  1979,  436:1  as  amended  by 
striking  out  the  districts  for  Portsmouth 
and  inserting  in  place  thereof  the  following: 


District  No.  24 
District  No.  25 
District  No.  26 


Portsmouth 
Portsmouth 


Portsmouth 
Newington 


Wards  1  and  6 
Wards  2  and  5 
Wards  3  and  4 


6  Representatives  in  1984.  Wards  1,  2,  4  and  5  shall  each  be  entitled 
to  2  representatives  and  4  representatives  shall  be  elected  from  ward  3  and 
the  town  of  Newington. 

7  Representatives  to  the  General  Court  for  1984.  Amend  RSA  662:5,  VIII 
(supp)  as  inserted  by  1979,  436:1  as  amended  by  striking  out  the  districts 
for  Portsmouth  and  inserting  in  place  thereof  the  following: 

2 

2 

2 

2 


District  No. 

24 

Portsmouth 

Ward  1 

District  No. 

25 

Portsmouth 

Ward  2 

District  No. 

26 

Portanouth 

Ward  4 

District  No. 

27 

Portsmouth 

Ward  5 

District  No. 

28 

Portsmouth 
Newington 

Ward  3 

8     State  Party  Convention  Delegates.     Amend  RSA  662:6,   VIII   (supp)   as 
inserted   by   1979,    436:1   as  amended   by  striking  out  the  delegates  for 
Portsmouth  and  inserting  in  place  thereof  the  following: 


Portsmouth 

Ward 

1 

Portsmouth 

Ward 

2 

Portsmouth 

Ward 

3 

Portsmouth 

Ward 

4 

Portsmouth 

Ward 

5 

HOUSE  JOURNAL  9JUN82 


823 


9  Referendum.  Sections  1,  2,  6,  7  and 
8  of  this  act  shall  not  take  effect  unless 
adopted  by  majority  vote  at  the  state 
general  election  to  be  held  in  the  city  of 
Portsmouth  in  November,  1982,  as  hereinafter 
provided.  The  city  clerk  then  in  office 
shall  cause  to  be  placed  on  the  ballot  the 
following  question:   "Do  you  approve  the 
provisions  of  sections  1,  2,  6,  7  and  8  of 
an  act  entitled  in  part  'An  Act  establishing 
the  ward  lines  for  the  city  of  Portsmouth 
and  amending  the  Portsmouth  city  charter  .  . 
.'  passed  at  the  1982  special  session  of  the 
General  Court,  which  would  redivide  the  city 
into  5  wards?"  Said  question  shall  be 
printed  in  the  form  prescribed  by  RSA 
656:13.   If  the  majority  of  those  voting  on 
the  question  vote  in  the  affirmative, 
sections  1,  2,  6,  7  and  8  of  this  act  shall 
be  declared  to  have  been  adopted  effective 
January  1,  1983.  The  city  clerk  shall, 
within  10  days  after  said  election,  certify 
that  result  of  the  vote  on  the  above 
question  to  the  secretary  of  state. 

10  City  of  Manchester;  Ward  Lines. 
Amend  1915,  27^:1  as  amended  by  1941,  279:1 
and  2  and  by  1971,  586:1  by  striking  out 
said  section  and  inserting  in  place  thereof 
the  following: 

274 : 1  The  ward  lines  of  the  city  of 
Manchester  are  hereby  changed  and  the  said 
city  divided  into  12  wards,  which  shall  be 
constituted  as  follows: 

Ward  No.  1  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  a  point  on  the 
Manchester-Hooksett  town  line,  at  its 
intersection  with  the  center  line  of 
Interstate  93,  thence  southeasterly  by  the 
centerline  of  Interstate  93  to  the 
centerline  of  Smyth  road  thence 
southwesterly  by  the  centerline  of  Smyth 
road  to  the  centerline  of  Webster  street; 
thence  westerly  by  the  centerline  of  Webster 
street  to  the  centerline  of  Walnut  street; 
thence  northerly  by  the  centerline  of  Walnut 
street  to  the  centerline  of-E.  Clarke 
street;  thence  westerly  by  the  centerline  of 
E.  Clarke  street  to  the  centerline  of  Union 
street;  thence  northerly  by  the  centerline 
of  Union  street  to  the  center  line  of  Clarke 
street;  thence  westerly  by  the  centerline  of 
Clarke  street  and  W.  Clarke  street  to  the 
centerline  of  the  Merrimack  river;  thence 
upstream  along  the  centerline  of  the 
Merrimack  river  to  the  Manchester-Hooksett 
town  line;  thence  continuing  northeasterly, 
southerly,  and  southeasterly  by  the 
Manchester-Hooksett  town  line  to  the 
centerline  of  Interstate  93,  the  point  of 
beginning. 

Ward  No.  2  shall  include  that  part  of 
the  city  bouwied  by  the  following  described 
lines:  Beginning  at  a  point  at  the 
intersection  of  the  centerline  of  Mammoth 
road  and  Interstate  93;  thence  northwesterly 
by  the  centerline  of  Interstate  93  to  the 
Manchester-Hooksett  town  line;  thence 
southeasterly  by  the  Manchester-Hooksett 
town  line  to  the  Manchester-Auburn  town 
line;  thence  southerly  by  the 
Manchester-Auburn  town  line  to  the  center  of 
Route  101;  thence  southwesterly  by  the 
centerline  of  Route  101  to  its  intersection 
with  the  centerline  of  Interstate  93;  thence 
northwesterly  by  the  centerline  of 


Interstate  93  to  the  centerline  of  Old 
Wellington  road;  thence  southwesterly  by  the 
centerline  of  Old  Wellington  road  to  the 
centerline  of  Mammoth  road  at  its 
intersection  with  the  centerline  of  Bridge 
street;  thence  westerly  by  the  centerline  of 
Bridge  street  to  the  centerline  of  Union 
street;  thence  northerly  by  the  centerline 
of  Union  street  to  the  centerline  of  Webster 
street;  thence  easterly  by  the  centerline  of 
Webster  street  to  the  centerline  of  Smyth 
road;  thence  northeasterly  by  the  centerline 
of  Smyth  road  to  the  centerline  of  Mammoth 
road;  thence  northeasterly  by  the  centerline 
of  Mammoth  road  to  the  centerline  of 
Interstate  93,  the  point  of  beginning. 

Ward  No.  3  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
centerline  of  Webster  street  and  the 
centerline  of  Walnut  street;  thence  westerly 
by  the  centerline  of  Webster  street  to  the 
centerline  of  Union  street;  thence  southerly 
by  the  centerline  of  Union  street  to  the 
centerline  of  Silver  street;  thence  westerly 
by  the  centerline  of  Silver  street  and 
Silver  street  extended  to  the  centerline  of 
the  Merrimack  river;  thence  upstream  by  the 
centerline  of  the  Merrimack  river  to  its 
intersection  with  the  centerline  of  West 
Clarke  street  extended;  thence  easterly  by 
the  centerline  of  W.  Clarke  street  and 
Clarke  street  to  the  centerline  of  Union 
street;  thence  southerly  by  the  centerline 
of  Union  street  to  the  centerline  of  East 
Clarke  street;  thence  easterly  to  the 
centerline  of  Walnut  street;  thence 
southerly  by  the  centerline  of  Walnut  street 
to  the  centerline  of  Webster  street,  the 
point  of  beginning. 

Ward  No.  4  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
centerline  of  Union  street  and  the 
centerline  of  Bridge  street;  thence  easterly 
by  the  centerline  of  Bridge  street  to  the 
centerline  of  Mammoth  road  at  its 
intersection  with  the  centerline  of  Old 
Wellington  road;  thence  northeasterly  by  the 
centerline  of  Old  Wellington  road  to  the 
centerline  of  Bridge  street  extension; 
thence  southeasterly  by  the  centerline  of 
Bridge  street  extension  to  the  centerline  of 
Rhode  Island  avenue;  thence  southerly  by  the 
centerline  of  Rhode  Island  avenue  to  the 
centerline  of  Hanover  street;  thence 
northwesterly  by  the  centerline  of  Hanover 
street  to  the  centerline  of  Lake  avenue; 
thence  westerly  by  the  centerline  of  Lake 
avenue  to  the  centerline  of  Kenney  street; 
thence  northerly  by  the  centerline  of  Kenney 
street  to  the  centerline  of  Laurel  street; 
thence  westerly  by  the  centerline  of  Laurel 
street  to  the  centerline  of  Maple  street; 
thence  southerly  by  the  centerline  of  Maple 
street  to  the  centerline  of  Central  street; 
thence  westerly  by  the  centerline  of  Central 
street  to  the  centerline  of  Union  street; 
thence  northerly  by  the  centerline  of  Union 
street  to  the  centerline  of  Bridge  street, 
the  point  of  beginning. 

Ward  No.  5  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
centerline  of  Central  street  with  the 
centerline  of  Union  street;  thence  easterly 


824 


HOUSE  JOURNAL  9JUN82 


by  the  centerline  of  Central  street  to  the 
center line  of  Maple  street;  thence  northerly 
by  the  centerline  of  Maple  street  to  the 
center  line  of  Laurel  street;  thence  easterly 
by  the  centerline  of  Laurel  street  to  the 
centerline  of  Kenney  street;  thence 
southerly  by  the  centerline  of  Kenney  street 
to  the  centerline  of  Lake  avenue;  thence 
easterly  by  the  centerline  of  Lake  avenue  to 
the  centerline  of  Grand  avenue;  thence 
southerly  by  the  centerline  of  Grand  avenue 
to  the  centerline  of  the  B  &  M  railroad 
tracks;  thence  southwesterly  by  the 
centerline  of  the  B  &  M  railroad  tracks  to 
the  centerline  of  Mammoth  road;  thence 
southerly  by  the  centerline  of  Mammoth  road 
to  the  centerline  of  Hayward  street;  thence 
westerly  by  the  centerline  of  Hayward  street 
to  the  centerline  of  Porter  street;  thence 
northerly  by  the  centerline  of  Porter  street 
to  the  centerline  of  Massabesic  street; 
thence  northwesterly  by  the  centerline  of 
Massabesic  street  to  the  centerline  of 
Valley  street;  thence  westerly  by  the 
centerline  of  Valley  street  to  the 
centerline  of  Taylor  street;  thence 
southerly  by  the  centerline  of  Taylor  street 
to  the  centerline  of  Hayward  street;  thence 
westerly  by  the  centerline  of  Hayward  street 
to  the  centerline  of  Union  street;  thence 
northerly  by  the  centerline  of  Union  street 
to  the  centerline  of  Central  street,  the 
point  of  beginning. 

Ward  No.  6  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:   Beginning  at  a  point  on  the 
Manchester- Auburn  town  line  at  its 
intersection  with  the  centerline  of  Route 
101;  thence  southerly  by  the 
Manchester-Auburn  town  line  to  the 
Manchester-Londonderry  town  line,  thence 
southerly  and  westerly  by  the 
Manchester-Londonderry  town  line  to  the 
centerline  of  Interstate  93;  thence 
northwesterly  by  the  centerline  of 
Interstate  93  and  Interstate  193  to  the 
centerline  of  South  Mammoth  road;  thence 
northwesterly  by  the  centerline  of  South 
Maninoth  road  to  the  centerline  of  Cilley 
road;  thence  westerly  by  the  centerline  of 
Cilley  road  to  the  centerline  of  Porter 
street;  thence  northerly  and  northeasterly 
by  the  centerline  of  Porter  street  to  the 
centerline  of  Hayward  street;  thence 
easterly  by  the  centerline  of  Hayward  street 
to  the  centerline  of  Mammoth  road;  thence 
northerly  by  the  centerline  of  Mammoth  road 
to  the  centerline  of  the  B  &  M  railroad 
tracks,  thence  northeasterly  by  the 
centerline  of  the  B  4  M  railroad  tracks  to 
the  centerline  of  Grand  avenue;  thence 
northerly  by  the  centerline  of  Grand  avenue 
to  the  centerline  of  Lake  avenue;  thence 
northeasterly  by  the  centerline  of  Lake 
avenue  to  the  centerline  of  Hanover  street; 
thence  easterly  by  the  centerline  of  Hanover 
street  to  the  centerline  of  Rhode  Island 
avenue;  thence  northerly  by  the  centerline 
of  Rhode  Island  avenue  to  the  centerline  of 
Bridge  street  extension;  thence 
northwesterly  by  the  centerline  of  Bridge 
street  extension  to  the  centerline  of  Old 
Wellington  road;  thence  northeasterly  by  the 
centerline  of  Old  Wellington  road  to  the 
centerline  of  Interstate  93;  thence 
southeasterly  by  the  centerline  of 


Interstate  93  to  the  centerline  of  Route 
101;  thence  northeasterly  by  the  centerline 
of  Route  101  to  the  Manchester-Auburn  town 
line,  the  point  of  beginning. 

Ward  No.  7  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
centerline  of  Massabesic  street  with  the 
centerline  of  Porter  street;  thence 
southerly  by  the  centerline  of  Porter  street 
to  the  centerline  of  Cilley  road;  thence 
westerly  by  the  centerline  of  Cilley  road  to 
the  centerline  of  So.  Jewett  street;  thence 
southerly  by  the  centerline  of  So.  Jewett 
street  to  the  centerline  of  Holly  avenue; 
thence  westerly  by  the  centerline  of  Holly 
avenue  to  the  centerline  of  So.  Taylor 
street;  thence  southerly  by  the  centerline 
of  So.  Taylor  street  to  the  centerline  of 
Brunelle  avenue;  thence  westerly  by  the 
centerline  of  Brunelle  avenue  to  the 
centerline  of  So.  Lincoln  street;  thence 
northerly  by  the  centerline  of  So.  Lincoln 
street  to  the  centerline  of  Cilley  road; 
thence  westerly  by  the  centerline  of  Cilley 
road  and  Queen  City  avenue  to  the  centerline 
of  Elm  street;  thence  northerly  by  the 
centerline  of  Elm  street  to  the  centerline 
of  Silver  street  extended;  thence 
southeasterly  and  easterly  by  the  centerline 
of  Silver  street  extended  and  Silver  street 
to  the  centerline  of  Union  street;  thence 
northerly  by  the  centerline  of  Union  street 
to  the  centerline  of  Hayward  street;  thence 
easterly  by  the  centerline  of  Hayward  street 
to  the  centerline  of  Taylor  street;  thence 
northeasterly  by  the  centerline  of  Taylor 
street  to  the  centerline  of  Valley  street; 
thence  easterly  by  the  centerline  of  Valley 
street  to  the  centerline  of  Massabesic 
street;  thence  southeasterly  by  the 
centerline  of  Massabesic  street  to  the 
centerline  of  Porter  street,  the  point  of 
beginning. 

Ward  No.  8  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
centerline  of  Brunelle  avenue  and  the 
centerline  of  So.  Lincoln  street;  thence 
easterly  by  the  centerline  of  Brunelle 
avenue  to  the  centerline  of  So.  Taylor 
street;  thence  northerly  by  the  centerline 
of  So.  Taylor  street  to  the  centerline  of 
Holly  avenue;  thence  easterly  by  the 
centerline  of  Holly  avenue  to  the  centerline 
of  So.  Jewett  street;  thence  northerly  by 
the  centerline  of  So.  Jewett  street  to  the 
centerline  of  Cilley  road;  thence  easterly 
by  the  centerline  of  Cilley  road  to  the 
centerline  of  South  Mammoth  road;  thence 
southeasterly  by  the  centerline  of  South 
Mammoth  road  to  the  centerline  of  Interstate 
193;  thence  easterly  and  southeasterly  by 
the  centerline  of  Interstate  193  and 
Interstate  93  to  the  Manchester-Londonderry 
town  line;  thence  westerly  and  southerly  by 
the  Manchester-Londonderry  town  line  to  the 
Manchester-Litchfield  town  line;  thence 
northwesterly  by  the  Manchester-Litchfield 
town  line  to  the  centerline  of  the  Merrimack 
river;  thence  upstream  by  the  centerline  of 
the  Merrimack  river  to  the  centerline  of 
Interstate  193;  thence  easterly  by  the 
centerline  of  Interstate  193  to  the 


HOUSE  JOURNAL  9JUN82 


825 


centerline  of  South  Willow  street;  thence 
northwesterly  by  the  centerline  of  South 
Willow  street  to  the  centerline  of  South 
Lincoln  street;  thence  northerly  by  the 
centerline  of  South  Lincoln  street  to  the 
centerline  of  Brunelle  avenue,  the  point  of 
beginning. 

Ward  No.  9  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:   Beginning  at  the  intersection  of  the 
centerline  of  Elm  street  and  the  centerline 
of  Silver  street  extended;  thence  southerly 
by  the  centerline  of  Elm  street  to  the 
centerline  of  Queen  City  avenue;  thence 
southeasterly  and  easterly  by  the  centerline 
of  Queen  City  avenue  and  Cilley  road  to  the 
centerline  of  South  Lincoln  street;  thence 
southerly  by  the  centerline  of  South  Lincoln 
street  to  the  centerline  of  South  Willow 
street;  thence  southeasterly  by  the 
centerline  of  South  Willow  street  to  the 
centerline  of  Interstate  193;  thence 
westerly  by  the  centerline  of  Interstate  193 
to  the  centerline  of  the  Merrimack  river; 
thence  upstream  by  the  centerline  of  the 
Merrimack  river  to  the  centerline  of  Silver 
street  extended;  thence  northeasterly  and 
easterly  by  the  centerline  of  Silver  street 
extended  to  the  centerline  of  Elm  street, 
the  point  of  beginning. 

Ward  No.  10  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
Manchester-Goffstown  town  line  with  the 
centerline  of  the  Piscataquog  river;  thence 
downstream  by  the  centerline  of  the 
Piscataquog  river  to  the  centerline  of 
Winter  street  extended;  thence  southeasterly 
by  the  centerline  of  Winter  street  to  the 
centerline  of  Granite  street;  thence 
northeasterly  and  easterly  by  the  centerline 
of  Granite  street  to  the  centerline  of  South 
Main  street;  thence  southwesterly  by  the 
centerline  of  South  Main  street  to  the 
centerline  of  Blaine  street;  thence 
southeasterly  by  the  centerline  of  Blaine 
street  to  the  centerline  of  the  Merrimack 
river;  thence  downstream  by  the  centerline 
of  the  Merrimack  river  to  the 
Manchester-Bedford  town  line;  thence 
westerly,  northerly  and  westerly  by  the 
Manchester-Bedford  town  line  to  the 
Manchester-Goffstown  town  line;  thence 
northerly  by  the  Manchester-Goffstown  town 
line  to  the  centerline  of  the  Piscataquog 
river,  the  point  of  beginning. 

Ward  No.  11  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
centerline  of  the  Piscataquog  river  with  the 
eenterliHe  of  Kelley  street  and  the 
centerline  of  Amory  street,  extended;  thence 
easterly  by  the  centerline  of  Amory  street 
to  the  centerline  of  Montgomery  street; 
thence  northerly  by  the  centerline  of 
Montgomery  street  to  the  centerline  of 
Kelley  street;  thence  easterly  by  the 
centerline  of  Kelley  street  to  the 
centerline  of  Hevey  street;  thence  northerly 
by  the  centerline  of  Hevey  street  to  the 
centerline  of  Mason  street;  thence  easterly 


by  the  centerline  of  Mason  street  to  the 
centerline  of  Coolidge  avenue;  thence 
southerly  by  the  centerline  of  Coolidge 
avenue  to  the  centerline  of  Bremer  street; 
thence  easterly  by  the  centerline  of  Bremer 
street  to  the  centerline  of  McGregor  street; 
thence  southerly  by  the  centerline  of 
McGregor  street  to  the  centerline  of  West 
Bridge  street;  thence  easterly  by  the 
centerline  of  West  Bridge  street  to  the 
centerline  of  the  Merrimack  river;  thence 
downstream  by  the  centerline  of  the 
Merrimack  river  to  the  centerline  of  Blaine 
street,  extended;  thence  northwesterly  by 
the  centerline  of  Blaine  street  to  the 
centerline  of  South  Main  street;  thence 
northeasterly  by  the  centerline  of  South 
Main  street  to  the  centerline  of  Granite 
street;  thence  westerly  and  southwesterly  by 
the  centerline  of  Granite  street  to  the 
centerline  of  Winter  street;  thence 
northwesterly  by  the  centerline  of  Winter 
street  to  the  centerline  of  the  Piscataquog 
river;  thence  upstream  by  the  centerline  of 
the  Piscataquog  river  to  the  centerline  of 
Kelley  street  and  Amory  street,  extended, 
the  point  of  beginning. 

Ward  No.  12  shall  include  that  part  of 
the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the 
centerline  of  the  Merrimack  river  with  the 
centerline  of  West  Bridge  street;  then 
westerly  by  the  centerline  of  West  Bridge 
street  to  the  center  line  of  McGregor 
street;  thence  northerly  by  the  centerline 
of  McGregor  street  to  the  centerline  of 
Bremer  street;  thence  westerly  by  the 
centerline  of  Bremer  street  to  the 
centerline  of  Coolidge  avenue;  thence 
northerly  by  the  centerline  of  Coolidge 
avenue  to  the  centerline  of  Mason  street; 
thence  westerly  by  the  centerline  of  Mason 
street  to  the  centerline  of  Hevey  street; 
thence  southerly  by  the  centerline  of  Hevey 
street  to  the  centerline  of  Kelley  street; 
thence  westerly  by  the  centerline  of  Kelley 
street  to  the  centerline  of  Montgomery 
street;  thence  southerly  by  the  centerline 
of  Montgomery  street  to  the  centerline  of 
Amory  street;  thence  westerly  by  the 
centerline  of  Amory  street  to  the  centerline 
of  the  Piscataquog  river;  thence  upstream  by 
the  centerline  of  the  Piscataquog  river  to 
the  Manchester-Goffstown  town  line;  thence 
northerly  by  the  Manchester-Goffstown  town 
line  to  the  Manchester-Hooksett  town  line; 
thence  easterly,  southerly,  and 
southeasterly  by  the  Manchester-Hooksett 
town  line  to  the  centerline  of  the  Merrimack 
river;  thence  downstream  by  the  centerline 
of  the  Merrimack  river  to  the  centerline  of 
West  Bridge  street,  the  point  of  beginning. 

11  Map.  An  official  map  showing  the 
boundaries  of  the  wards  of  thi*  city  of 
Manchester  shall  be  filed  in  the  office  of 
the  Manchester  city  clerk  and  the  office  of 
the  secretary  of  state. 

12  Representation  in  General  Court. 
Amend  RSA  662:5,  VI  (supp)  as  inserted  by 
1979,  436:1  as  amended  by  striking  out  the 
districts  for  Manchester,  being  districts  29 
to  38,  inclusive,  and  inserting  in  place 
thereof  the  following: 


826 


HOUSE  JOURNAL  9JUN82 


District 

No. 

29 

Manchester 

Ward  1 

3 

District 

No. 

30 

Manchester 

Ward  2 

3 

District 

No. 

31 

Manchester 

Ward  3 

3 

District 

No. 

32 

Manchester 

Wards  1,  2,  3 

1 

District 

No. 

33 

Manchester 

Ward  4 

3 

District 

No. 

34 

Manchester 

Ward  5 

3 

District 

No. 

35 

Manchester 

Ward  6 

3 

District 

No. 

36 

Manchester 

Wards  4,  5,  6 

1 

District 

No. 

37 

Manchester 

Ward  7 

3 

District 

No. 

38 

Manchester 

Ward  8 

3 

District 

No. 

39 

Manchester 

Ward  9 

3 

District 

No. 

no 

Manchester 

Wards  7,  8,  9 

1 

District 

No. 

H^ 

Manchester 

Ward  10 

3 

District 

No. 

42 

Manchester 

Ward  11 

3 

District 

No. 

43 

Manchester 

Ward  12 

3 

District 

No. 

44 

Manchester 

Wards  10,  11,  12 

1 

13  Limitation  of  Act.   Nothing  herein  shall  affect  the  representation 
of  the  city  of  Manchester  in  the  general  court  that  will  assemble  in 
December  1982.   The  ward  lines  for  membership  in  that  general  court  shall 
remain  in  effect  until  the  dissolution  of  that  general  court  in  1984.  Any 
representative  in  office  on  the  effective  date  of  this  section  does  not 
lose  his  eligibility  for  that  office  because  of  the  change  in  ward 
boundaries  made  hereunder. 

14  Terms  of  Aldermen.   All  aldermen  duly  elected  at  the  city  election 
in  1981  shall  continue  to  hold  office  to  the  completion  of  the  term  to 
which  they  were  elected  so  long  as  they  shall  be  residents  of  the  city, 
regardless  of  where  they  might  reside  in  relation  to  the  new  or  old  ward 
boundaries. 

15  State  Party  Convention  Delegates.   Amend  RSA  662:6,  VI  (supp)  as 
inserted  by  1979,  436:1  as  amended  by  striking  out  the  delegates  for 
Manchester  and  inserting  in  place  thereof  the  following: 


Manchester 

Ward 

1 

Manchester 

Ward 

2 

Manchester 

Ward 

3 

Manchester 

Ward 

4 

Manchester 

Ward 

5 

Manchester 

Ward 

6 

Manchester 

Ward 

7 

Manchester 

Ward 

8 

Manchester 

Ward 

9 

Manchester 

Ward 

10 

Manchester 

Ward 

11 

Manchester 

Ward 

12 

16  Referendum.   Sections  10  through  15 
of  this  act  shall  not  take  effect  unless 
adopted  by  majority  vote  at  the  state 
general  election  to  be  held  in  the  city  of 
Manchester  in  November  1982,  as  hereinafter 
provided.  The  city  clerk  then  in  office 
shall  cause  to  be  placed  on  the  ballot  the 
following  question:   "Do  you  approve  the 
provisions  of  sections  10  through  15  of  an 
act  entitled  in  part  'An  Act  .  .  . 
establishing  the  ward  lines  for  the  city  of 
Manchester  and  amending  the  Manchester  city 
charter'  passed  at  the  1982  special  session 
of  the  general  court  which  would  redivide 
the  city  into  12  wards  of  substantially 
equal  population?"  Said  question  shall  be 
printed  in  the  form  prescribed  by  RSA 
656:13.   If  a  majority  of  those  voting  on 
the  question  vote  in  the  affirmative, 
sections  10  through  15  of  this  act  shall  be 
declared  to  have  been  adopted  effective 
January  1,  1983.   The  city  clerk  shall, 
within  10  days  after  said  election,  certify 
that  result  of  the  vote  on  the  above 
question  to  the  secretary  of  state. 

17  City  of  Concord.   Amend  1949, 
4l8:l-a  as  amended  by  1971,  569:1  by 
striking  out  said  section  and  inserting  in 
place  thereof  the  following: 


1-a  Ward  Lines.   The  city  of  Concord 
shall  be  divided  into  8  wards  which  shall  be 
bounded  and  described  as  follows: 

Ward  A  shall  include  the  territory 
bounded  and  described  as  follows: 
Commencing  in  the  centerline  of  Hardy  brook 
where  it  intersects  the  town  line  between 
Concord  and  Boscawen;  thence  southerly  along 
the  centerline  of  Hardy  brook  to  the 
centerline  of  Elm  Street;  thence  southerly 
and  westerly  along  the  centerline  of  Elm 
street  to  its  intersection  with  Horse  Hill 
road;  thence  southerly  and  easterly  along 
the  centerline  of  Horse  Hill  road  and 
crossing  the  Contoocook  river  to  the 
centerline  of  Carter  Hill  road;  thence 
southerly  along  the  centerline  of  Carter 
Hill  road  to  its  intersection  with  West 
Parish  road;  thence  southerly  and  easterly 
along  the  centerline  of  West  Parish  road  to 
its  intersection  with  Hutchins  street; 
thence  easterly  along  the  centerline  of 
Hutchins  street  to  its  intersection  with 
Beaver  Meadow  brook;  thence  northerly  and 
easterly  along  the  centerline  of  Beaver 
Meadow  brook  and  crossing  Fisherville  road 
and  continuing  northerly  and  easterly  along 
the  centerline  of  Beaver  Meadow  brook  to  its 
intersection  with  Abbott  road;  thence 
northerly  along  the  centerline  of  Abbott 


HOUSE  JOURNAL  9JUN82 


827 


road  to  its  intersection  with  Manor  road; 
thence  northerly  and  westerly  along  the 
oenterline  of  Manor  road  to  its  intersection 
with  Randlett  street;  thence  northerly  along 
the  centerline  of  Randlett  street  to  its 
intersection  with  Snow  street;  thence 
westerly  along  the  centerline  of  Snow  street 
to  its  intersection  with  Chapman  street; 
thence  northerly  along  the  centerline  of 
Chapman  street  to  Abbott  road;  thence  on  a 
northerly  extension  of  Chapman  street  to  the 
centerline  of  the  old  river  channel;  thence 
easterly  along  the  old  river  channel  and 
crossing  the  Boston  and  Maine  railroad  to 
the  centerline  of  the  Merrimack  river; 
thence  southeasterly  down  the  centerline  of 
the  Merrimack  river  to  its  intersection  with 
the  centerline  of  Hayward  brook;  thence 
northerly  and  easterly  to  the  centerline  of 
the  Boston  and  Maine  railroad  tracks;  thence 
northerly  along  the  centerline  of  the  Boston 
and  Maine  railroad  tracks  to  its 
intersection  with  the  town  line  between 
Concord  and  Canterbury;  thence  westerly 
along  the  town  line  between  Concord  and 
Canterbury  to  its  intersection  with  the 
Merrimack  river  and  the  town  line  between 
Concord  and  Boscawen;  thence  continuing 
westerly  along  the  Concord-Boscawen  town 
line  to  its  intersection  with  Hardy  brook 
and  the  point  of  beginning. 

Ward  B  shall  include  the  territory 
bounded  and  described  as  follows: 
Commencing  in  the  centerline  of  Hardy  brook 
where  it  intersects  the  town  line  between 
Concord  and  Boscawen;  thence  westerly  along 
the  town  line  between  Concord  and  Boscawen 
to  its  intersection  with  the  town  line 
between  Concord  and  Webster;  thence  westerly 
along  the  town  line  between  Concord  and 
Webster,  crossing  Blackwater  road  to  the 
intersection  of  town  lines  between  Concord, 
V/ebster  and  Hopkinton;  thence  southerly 
along  the  Concord-Hopkinton  town  line  and 
crossing  Warner  road,  the  Contoocook  river, 
Dolf  brook,  West  Parish  road  to  its 
intersection  with  an  extension  of  the 
centerline  of  District  #5   road;  thence 
easterly  along  the  extension  of  the 
centerline  of  District  115   road  and  District 
*5  road  to  its  intersection  with  Lake  View 
drive;  thence  southerly  along  the  centerline 
of  Lake  View  drive  to  its  intersection  with 
Little  Pond  road;  thence  southerly  and 
easterly  along  the  centerline  of  Little  Pond 
road  to  its  intersection  with  the  centerline 
of  Bow  brook;  thence  southerly  along  the 
centerline  of  Bow  brook  to  a  point  where  if 
Assessor's  Lot  #2292-R-10  northerly  property 
line  were  extended  westerly  it  would 
intersect  with  Bow  brook;  thence  easterly 
along  Assessor's  Lot  *2292-R-10  northerly 
property  line  extension  and  along  Assessor's 
Lot  *2292-R-10  northerly  property  line  to 
the  centerline  of  Ridge  road;  thence 
southerly  along  the  centerline  of  Ridge  Road 
to  its  intersection  with  Franklin  street; 
thence  easterly  along  the  centerline  of 
Franklin  street  to  its  intersection  with 
Rumford  street;  thence  northerly  along  the 
centerline  of  Rumford  street  to  its 
intersection  with  Church  street;  thence 
easterly  along  the  centerline  of  Church 
street  to  its  intersection  with  Bouton 
street;  thence  southeasterly  along  the 
centerline  of  Bouton  street  to  its 


intersection  with  North  Main  street  and 
Interstate  393;  thence  easterly  along  the 
centerline  of  Interstate  393  to  its 
intersection  with  Interstate  93  (Frederick 
E.  Everett  highway);  thence  northerly  along 
the  centerline  of  Interstate  93  to  its 
intersection  with  the  Merrimack  river; 
thence  vresterly  and  northerly  along  the 
centerline  of  the  Merrimack  river  to  its 
intersection  with  Beaver  Meadow  brook; 
thence  northerly  and  westerly  and  then 
southerly  along  the  centerline  of  Beaver 
Meadow  brook,  and  crossing  Sewalls  Falls 
road,  Abbott  road,  Fisherville  road  to  its 
intersection  v;ith  Hutohins  street;  thence 
westerly  along  the  centerline  of  Hutchins 
street  to  its  intersection  with  West  Parish 
road;  thence  northerly  and  westerly  along 
the  centerline  of  West  Parish  road  to  its 
intersection  with  Carter  Hill  road;  thence 
northerly  along  the  centerline  of  Carter 
Hill  road  to  its  intersection  v/ith  Horse 
Hill  road;  thence  northerly  and  v/esterly  to 
its  intersection  with  Elm  street;  thence 
northerly  and  easterly  along  the  centerline 
of  Elm  street  to  its  intersection  with  Hardy 
Brook;  thence  northerly  along  the  centerline 
of  Hardy  Brook  to  its  intersection  with  the 
town  line  between  Concord  and  Boscawen  and 
the  point  of  beginning. 

Ward  C  shall  include  the  territory 
bounded  and  described  as  follows: 
Commencing  at  the  intersection  of  the 
centerline  of  the  Merrimack  river  and  the 
intersection'  of  the  centerline  of  Interstate 
393;  thence  westerly  along  the  centerline  of 
Interstate  393  to  its  intersection  with 
North  Main  street  and  Bouton  street;  thence 
northwesterly  along  the  centerline  of  Bouton 
street  to  its  intersection  with  Church 
street;  thence  westerly  along  the  centerline 
of  Church  street  to  its  intersection  with 
Rumford  street;  thence  southerly  along 
Rumford  street  to  its  intersection  with 
Franklin  street;  thence  westerly  along  the 
centerline  of  Franklin  street  to  its 
intersection  with  Ridge  road;  thence 
northwesterly  along  Ridge  road  to  its 
intersection  with  Assessor's  Lot  #2292-R-10 
northerly  property  line;  thence  westerly 
along  the  northerly  property  line  of 
Assessor's  Lot  *2292-R-10  and  extension  of 
said  property  line  to  its  intersection  with 
Bow  brook;  thence  southerly  along  the 
centerline  of  Bow  brook  to  its  intersection 
with  School  street;  thence  easterly  along 
the  centerline  of  School  street  to  its 
intersection  with  North  Main  street;  thence 
southerly  along  the  centerline  of  North  Main 
street  to  its  intersection  with  Dubois 
avenue;  thence  easterly  along  the  centerline 
of  Dubois  avenue  and  its  easterly  extension 
to  its  intersection  with  the  Merrimack 
river;  thence  northerly  and  easterly  and 
northerly  again  along  the  centerline  of  the 
Merrimack  river  to  its  intersection  with 
Interstate  393  and  the  point  of  beginning. 

Ward  D  shall  include  the  territory 
bounded  and  described  as  follows: 
Commencing  at  the  intersection  of  the 
centerline  of  School  street  and  Green 
street;  thence  westerly  along  the  centerline 
of  School  street  to  its  intersection  with 
Bow  brook;  thence  northwesterly  along  the 
centerline  of  Bow  brook  to  its  intersection 
with  Little  Pond  road;  thence  westerly  along 


828 


HOUSE  JOURNAL  9JUN82 


the  centerline  of  Little  Pond  road  to  its 
intersection  with  Lake  View  drive;  thence 
northwesterly  along  the  centerline  of  Lake 
View  drive  to  its  intersection  with  District 
*5  road;  thence  westerly  along  the 
centerline  of  District  #5  road  and  extension 
of  District  #5  road  to  its  intersection  with 
the  Concord-Hopkinton  town  line;  thence 
southerly  along  the  Concord-Hopkinton  town 
line  and  crossing  Currier  road,  Hopkinton 
road,  Interstate  89,  Stickney  Hill  road, 
Hooksett  Turnpike,  Clinton  street  and 
Edgewood  drive  to  its  intersection  with  the 
Concord-Bow  town  line;  thence  easterly  along 
the  Concord-Bow  town  line  and  crossing 
Hooksett  Turnpike,  Birch  Dale  road.  Silk 
Farm  road  to  its  intersection  with 
Interstate  89;  thence  northwesterly  along 
the  centerline  of  Interstate  89  to  its 
intersection  with  Clinton  street;  thence 
easterly  along  the  centerline  of  Clinton 
street  to  its  intersection  with  Bow  Brook; 
thence  northerly  along  Bow  Brook  to  its 
intersection  with  New  Hampshire  hospital 
land  and  the  northwesterly  corner  of 
Assessor's  Tract  #145;  thence  easterly  along 
Assessor's  Tracts  #1145,  #144,  #143  and  the 
easterly  extension  of  said  property  line  to 
its  intersection  with  Assessor's  Tract  #5 
and  New  Hampshire  hospital  land;  thence 
northerly  along  New  Hampshire  hospital  land 
and  abutting  city  tracts  to  its  intersection 
with  Assessor's  Tract  #39;  thence  westerly 
along  the  southerly  property  line  of 
Assessor's  Tract  #39,  52A  and  517A  to  the 
southwesterly  corner  of  517A;  thence 
northerly  along  Assessor's  Tracts  517A  and 
517  to  the  centerline  of  Pleasant  street; 
thence  easterly  along  the  centerline  of 
Pleasant  street  to  its  intersection  with 
Green  street;  thence  northerly  along  the 
centerline  of  Green  street  to  its 
intersection  with  School  street  and  the 
point  of  beginning. 

Ward  E  shall  include  the  territory 
bounded  and  described  as  follows: 
Commencing  at  the  intersection  of  the 
centerline  of  School  street  and  Green 
street;  thence  southerly  along  the 
centerline  of  Green  street  to  its 
intersection  with  Pleasant  street;  thence 
westerly  along  the  centerline  of  Pleasant 
street  to  its  intersection  with  Barberry 
lane;  thence  southerly  along  Barberry  lane 
and  Assessor's  Tract  #517  and  #517A  to  the 
southwesterly  corner  of  Assessor's  Tract 
#517A;  thence  easterly  along  the  southerly 
property  line  of  Assessor's  Tract  #517A, 
#52A,  #39  and  land  of  New  Hampshire  hospital 
to  the  northwesterly  property  line  of 
Assessor's  Tract  #35  and  land  of  New 
Hampshire  hospital;  thence  southerly  along 
New  Hampshire  hospital  land  and  abutting 
city  tracts  to  the  southwest  corner  of 
Assessor's  Tract  #5;  thence  westerly  along  a 
line  which  is  an  easterly  projection  of  the 
northerly  line  of  Assessor's  Tracts  #145, 
#144,  #143  and  land  of  New  Hampshire 
hospital  to  its  intersection  with  Bow  brook; 
thence  southerly  along  the  centerline  of  Bow 
brook  to  its  intersection  with  Clinton 
street;  thence  easterly  along  the  centerline 
of  Clinton  street  to  its  intersection  with 
Broadway;  thence  southerly  along  the 
centerline  of  Broadway  to  its  intersection 
with  West  street;  thence  easterly  along  the 


centerline  of  West  street  to  its 
intersection  with  Badger  street;  thence 
southerly  along  the  centerline  of  Badger 
street  to  its  intersection  with  Allison 
street;  thence  easterly  along  the  centerline 
of  Allison  street  to  its  intersection  with 
South  Main  street;  thence  southerly  along 
the  centerline  of  South  Main  street  to  its 
intersection  with  the  Concord-Bow  town  line; 
thence  easterly  along  the  Concord-Bow  town 
line  to  its  intersection  with  the  Merrimack 
river;  thence  southeasterly  and  northerly 
along  the  centerline  of  the  Merrimack  river 
to  its  intersection  with  Dubois  avenue  if  it 
were  extended  easterly  to  the  Merrimack 
river;  thence  westerly  along  the  Dubois 
avenue  extension  to  its  intersection  with 
North  Main  street;  thence  northerly  along 
the  centerline  of  North  Main  street  to  its 
intersection  with  School  street;  thence 
westerly  along  the  centerline  of  School 
street  to  its  intersection  with  Green  street 
and  the  point  of  beginning. 

Ward  F  shall  include  the  territory 
bounded  and  described  as  follows: 
Commencing  at  the  intersection  of  the 
centerlines  of  South  Main  street  and  Allison 
street;  thence  westerly  along  the  centerline 
of  Allison  street  to  its  intersection  with 
Badger  street;  thence  northerly  along  the 
centerline  of  Badger  street  to  its 
intersection  with  West  street;  thence 
westerly  along  the  centerline  of  West  street 
to  its  intersection  with  Broadway;  thence 
northerly  along  the  centerline  of  Broadway 
to  its  intersection  with  Clinton  street; 
thence  westerly  along  the  centerline  of 
Clinton  street  to  its  intersection  with 
Interstate  89;  thence  southeasterly  along 
the  centerline  of  Interstate  89  to  its 
intersection  with  the  Concord-Bow  town  line; 
thence  easterly  along  the  Concord-Bow  town 
line  and  crossing  South  street  and 
Interstate  93  to  its  intersection  with  South 
Main  street;  thence  northerly  along  the 
centerline  of  South  Main  street  to  its 
intersection  with  Allison  street  and  the 
point  of  beginning. 

Ward  G  shall  include  the  territory 
bounded  and  described  as  follows: 
Commencing  at  the  intersection  of  the 
centerlines  of  East  Side  drive  and 
Interstate  393;  thence  westerly  along  the 
centerline  of  Interstate  393  to  its 
intersection  with  the  Merrimack  river; 
thence  southerly  along  the  centerline  of  the 
Merrimack  river  to  its  intersection  with  the 
Soucook  river;  thence  northeasterly  along 
the  centerline  of  the  Soucook  river  to  its 
intersection  with  Routes  4,  9  and  202; 
thence  westerly  along  the  centerline  of 
Routes  4,  9  and  202  to  its  intersection  with 
Interstate  393;  thence  still  continuing 
westerily  along  the  centerline  of  Route  9  and 
Loudon  Road  to  its  intersection  with  East 
Side  drive;  thence  northerly  along  the 
centerline  of  East  Side  drive  to  its 
intersection  with  Interstate  393  and  the 
point  of  beginning. 

Ward  H  shall  include  the  territory 
bounded  and  described  as  follows: 
Commencing  at  the  intersection  of  the 
centerlines  of  East  Side  drive  and 
Interstate  393;  thence  westerly  along  the 
centerline  of  Interstate  393  to  its 
intersection  with  Interstate  93;  thence 


HOUSE  JOURNAL  9JUN82 


829 


northerly  along  the  centerline  of  Interstate 
93  to  its  intersection  with  the  Merrimack 
river;  thence  westerly  and  northerly  along 
the  centerline  of  the  Merrimack  river  to  its 
intersection  with  Beaver  Meadow  brook; 
thence  northerly  along  the  centerline  of 
Beaver  Meadow  brook  to  its  intersection  with 
Abbott  road;  thence  northerly  along  the 
centerline  of  Abbott  road  to  its 
intersection  with  Manor  road;  thence 
northwesterly  along  the  centerline  of  Manor 
road  to  its  intersection  with  Randlett 
street;  thence  northerly  along  the 
centerline  of  Randlett  street  to  its 
intersection  with  Snow  street;  thence 
northwesterly  along  the  centerline  of  Snow 
street  to  its  intersection  with  Chapman 
street;  thence  northerly  along  the 
centerline  of  Chapman  street  and  extension 
of  Chapman  street  to  its  intersection  with 
the  old  river  channel;  thence  easterly  along 
the  old  river  channel  to  its  intersection 
with  the  Merrimack  river;  thence 
southeasterly  along  the  centerline  of  the 
Merrimack  river  to  its  intersection  with 
Hayward  brook;  thence  northerly  and  easterly 
along  the  centerline  of  Hayward  brook  to  its 
intersection  with  the  Boston  and  Maine 
railroad  tracks;  thence  northerly  along  the 
centerline  of  Boston  and  Maine  railroad 
track  to  its  intersection  with  the 
Concord-Canterbury  town  line;  thence 
easterly  along  the  Concord-Canterbury  town 
line  and  crossing  Interstate  93.  Mountain 
road,  Tallant  road  to  a  point  on  the 
northeast  corner  of  the  Concord-Canterbury 
town  line;  thence  southerly  along  the 
Concord-Canterbury  town  line  to  its 


intersection  with  Concord-Loudon  town  line; 
thence  southerly  along  the  Concord-Loudon 
town  line  and  crossing  Shaker,  Hoit,  Hot 
Hole  Pond  roads  to  a  point  where  the 
Concord-Loudon  town  line  deflects  to  the 
east;  thence  southeasterly  along  the 
Concord-Loudon  town  line  arc  -^"ossing  Oak 
Hill  road,  Loudon  road  and  Sheep  Davis  road 
to  its  intersection  with  the  Soucook  "iver; 
thence  southwesterly  along  the  centerline  of 
the  Soucook  river  to  its  intersection  with 
Routes  202,  4,  and  9;  thence  westerly  along 
the  centerline  of  Routes  202,  4,  and  9  to 
its  intersection  with  Loudon  road;  thence 
still  continuing  westerly  along  Loudon  road 
and  Route  9  to  its  intersection  with  East 
Side  drive;  thence  northerly  along  East  Side 
drive  to  its  intersection  with  Interstate 
393  and  the  point  of  beginning. 

18  Map.   An  official  map  showing  the 
boundaries  of  the  wards  of  the  city  of 
Concord  shall  be  filed  in  the  office  of  the 
Concord  city  clerk  and  the  office  of  the 
secretary  of  state. 

19  Representatives.   Until  a  new  census 
shall  be  taken  by  authority  of  this  state  or 
of  the  United  States,  the  city  of  Concord 
shall  be  entitled  to  13  representatives  to 
the  general  court;  5  of  whom  shall  be 
elected  at- large  and  one  elected  from  each 
ward. 

20  Representation  in  General  Court. 
Amend  RSA  652:5,  VII  (supp)  as  inserted  by 
1979,  436:1  as  amended  by  striking  out  the 
districts  for  Concord,  being  districts  13  to 
16,  inclusive,  and  inserting  in  place 
thereof  the  following: 


District  13 
District  14 
District  15 
District  16 
District  17 
District  18 
District  19 
District  20 
District  21 


Concord 
Concord 
Concord 
Concord 
Concord 
Concord 
Concord 
Concord 
Concord 


Ward  A 
Ward  B 
Ward  C 
Ward  D 
Ward  E 
Ward  F 
Ward  G 
Ward  H 
At- large 


21  Limitation  of  Act.  Nothing  herein 
shall  effect  the  representation  of  the  city 
of  Concord  in  the  general  court  that  will 
assemble  in  December  1982.  The  ward  lines 
for  membership  in  that  general  court  shall 
remain  in  effect  until  the  dissolution  of 
that  session  of  the  general  court  in  1984. 
Any  representative  in  office  on  the 
effective  date  of  this  act  does  not  lose  his 
eligibility  for  that  office  because  of  the 
change  in  ward  boundaries  made  hereunder. 

22  Terms  of  Councilmen.   All  councilmen 
duly  elected  at  the  election  on  November  3, 
1981,  and  who  took  office  in  January,  1982, 
shall  continue  to  hold  office  to  the 
completion  of  the  term  to  which  they  were 
elected  so  long  as  they  shall  be  residents 
of  the  city,  regardless  of  where  they  might 
reside  in  relation  to  the  new  or  old  ward 
boundaries. 

23  Repeal.   19^9,  4l8:3-a  as  inserted 
by  1971,  569:11,  relative  to  polling  places 
in  ward  2,  is  hereby  repealed. 


24  Offices  Abolished;  New 
Appointments.  The  offices  of  the  moderator, 
ward  clerks  and  supervisors  of  the  checklist 
of  presently  constituted  wards  1  through  8, 
inclusive,  are  abolished  as  of  January  1, 
1983.  The  city  council  shall,  by  vote  of  at 
least  8  members,  appoint  a  moderator,  ward 
clerk  and  3  supervisors  of  the  checklist  for 
the  new  wards  A  through  H  inclusive,  who 
shall  hold  office  until  the  election  and 
qualification  of  their  successors  at  the 
municipal  election  in  1983.  At  the  1983 
municipal  election,  each  ward  shall  elect 
one  supervisor  of  the  checklist  for  a  2  year 
term,  one  supervisor  of  the  checklist  for  a 
4  year  term  and  one  supervisor  of  the 
checklist  for  a  6  year  term.  Thereafter, 
all  supervisors  of  the  checklist  shall  be 
elected  for  a  full  term  as  provided  by  state 
law. 

25  State  Party  Convention  Delegates. 
Amend  RSA  662:6,  VII  (supp)  as  inserted  by 
1979,  436:1  as  amended  by  striking  out  the 
delegates  for  Concord  and  inserting  in  place 
thereof  the  following: 


830 


HOUSE  JOURNAL  9JUN82 


Concord 

Ward 

A 

Concord 

Ward 

B 

Concord 

Ward 

C 

Concord 

Ward 

D 

Concord 

Ward 

E 

Concord 

Ward 

F 

Concord 

Ward 

G 

Concord 

Ward 

H 

26  Referendum.  Section  17  and  sections 
19  through  25  of  this  act  shall  not  take 
effect  unless  they  are  adopted  by  majority 
vote  at  the  state  general  election  to  be 
held  in  the  city  of  Concord  on  November 
1982,  as  hereinafter  provided.  The  city 
clerk  then  in  office  shall  cause  to  be 
placed  on  the  ballot  the  following 
question:   "Do  you  approve  the  provisions  of 
section  17  and  sections  19  through  25  of  an 
act  entitled  in  part,  'An  Act... 
establishing  the  ward  lines  for  the  city  of 
Concord  and  amending  the  Concord  city 
charter'  passed  at  the  1982  special  session 
of  the  general  court,  which  would  redivide 
the  city  into  8  wards  of  substantially  equal 
population,  and  would  provide  that  each  ward 
elect  one  representative  to  the  general 
court  with  the  city  as  a  whole  electing  5 
representatives  at  large  to  the  general 
court?"  Said  question  shall  be  printed  in 
the  form  prescribed  by  RSA  656:13.   If  the 
majority  of  those  voting  on  the  question 
vote  in  the  affirmative,  section  17  and 
sections  19  through  25  of  this  act  shall  be 
declared  to  have  been  adopted.  The  city 
clerk  shall,  within  10  days  after  said 
election,  certify  the  result  of  the  vote  on 
the  above  question  to  the  secretary  of  state. 

27  City  of  Nashua  Ward  Lines.  Amend 
1853,  moU:3  as  amended  by  1876,  Chapter 
CXXX,  section  1;  1893,  285:1;  1965,  496:1 
and  1971,  568:1  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following: 

SEC.  3  The  city  of  Nashua  is  hereby 
divided  into  9  wards  which  shall  be 
constituted  as  follows: 

WARD  1.  Bounded  by  a  line  beginning  at 
the  intersection  of  the  B  &  M  railroad 
tracks  and  the  Nashua  city/Merrimack  town 
line,  southeast  along  the  B  &  M  railroad 
tracks  to  the  center  line  of  the  F.  E. 
Everett  Turnpike;  south  along  the  centerline 
of  the  Nashua  river;  southwest  along  the 
centerline  Nashua  river  to  the  Nashua  city 
line;  north  and  west  along  the  Nashua  city 
line  to  the  point  of  origin. 

WARD  2.  Bounded  by  a  line  beginning  at 
the  intersection  of  the  B  &  M  railroad 
tracks  and  the  Nashua  city/Merrimack  town 
line  north  and  east  along  the  Nashua  city 
line  to  the  centerline  of  Manchester  street; 
south  and  east  along  the  centerline  of 
Manchester  street  to  Gushing  avenue;  west 
along  the  centerline  of  Cushing  avenue  to 
Amherst  street;  southeast  along  the 
centerline  of  Amherst  street  to  Fairmount 
street;  south  and  west  along  the  centerline 
of  Fairmount  street  to  Hillcrest  avenue; 
south  from  the  intersection  with  Hillcrest 


avenue  to  the  Nashua  river;  west  along  the 
centerline  of  the  Nashua  river  to  the  F.  E. 
Everett  Turnpike;  north  along  the  centerline 
of  the  turnpike  to  the  B  &  M  railroad 
tracks;  northwest  along  the  B  &  M  railroad 
tracks  to  the  point  of  origin. 

WARD  3.  Bounded  by  a  line  beginning  at 
the  intersection  of  Manchester  street  and 
the  Nashua  city/Merrimack  town  line,  south 
and  east  along  the  centerline  of  Manchester 
street  to  Cushing  avenue;  west  along  the 
centerline  of  Cushing  avenue  to  Amherst 
street;  southeast  along  the  centerline  of 
Amherst  street  to  Main  street;  south  along 
the  centerline  of  Main  street  to  the  Nashua 
river;  east  along  the  centerline  of  the 
Nashua  river  to  the  Merrimack  river;  north 
along  the  centerline  of  the  Merrimack  river 
to  the  Nashua  city/Merrimack  town  line;  west 
along  the  Nashua  city  line  to  the  point  of 
origin. 

WARD  4.  Bounded  by  a  line  beginning  at 
the  intersection  of  the  extended  centerline 
of  North  Seventh  street  and  the  Nashua 
river;  east  along  the  centerline  of  the 
Nashua  river  to  the  extended  centerline  of 
Hillcrest  avenue,  north  to  Fairmont  street, 
east  and  north  along  the  centerline  of 
Fairmont  street  to  Amherst  street. 
Southeast  along  the  centerline  of  Amherst 
street  to  Main  street.  South  along  the 
centerline  of  Main  street  to  the  Nashua 
river.  East  along  the  centerline  of  the 
Nashua  river  to  the  Merrimack  river;  south 
to  East  Hollis  street;  west  along  the 
centerline  of  East  Hollis  street  to  Main 
street;  south  along  the  centerline  of  Main 
street  to  Lake  street;  west  along  the 
centerline  of  Lake  street  to  Ash  street; 
north  along  the  centerline  of  Ash  street  to 
Kinsley  street;  west  along  the  centerline  of 
Kinsley  street  to  the  extended  centerline  of 
Havana  street;  north  along  the  extended 
centerline  of  Havana  street,  Seventh  street 
and  North  Seventh  street  to  the  point  of 
origin. 

WARD  5.   Bounded  by  a  line  beginning  at 
the  northwest  intersection  of  the  Nashua 
city/Hollis  town  line  and  the  Nashua  river; 
northeast  along  the  centerline  of  the  Nashua 
river  to  the  extended  centerline  of  North 
Seventh  street;  south  along  the  extended 
centerline  of  North  Seventh  street,  thence 
along  the  centerline  of  North  Seventh 
street,  Seventh  street,  Havana  street  and 
the  extended  centerline  of  Havana  street  to 
Kinsley  street;  west  along  the  centerline  of 
Kinsley  street  to  Main  Dunstable  road;  west 
along  the  centerline  of  Main  Dunstable  road 
to  the  F.  E.  Everett  Turnpike,  south  along 
the  centerline  of  the  F.  E.  Everett  Turnpike 
to  the  extended  centerline  of  Pittsburgh 
drive;  southwest  along  the  extended 
centerline  of  Pittsburgh  drive  1500  feet 
beyond  Northeastern  boulevard  thence 
northwest  to  the  centerline  of  Fordham  drive 
at  the  centerline  of  Main  Dunstable  road; 
southwest  along  the  centerline  of  Main 
Dunstable  road  to  Conant  road;  south  along 
the  centerline  of  Conant  road  to  the 
intersection  with  Main  Dunstable  road;  west 


HOUSE  JOURNAL  9JUN82 


831 


along  the  centerline  of  Main  Dunstable  road 
to  Groton  road;  west  along  the  centerline  of 
Groton  road  to  state  route  111A;  west  along 
the  centerline  of  state  route  111  A  to  the 
Nashua  city/Hollis  town  line;  north  along 
the  Nashua  city  line  to  the  point  of  origin. 

WARD  6.  Bounded  by  a  line  beginning  at 
the  intersection  of  the  F.  E.  Everett 
Turnpike  and  the  centerline  of  Main 
Dunstable  road;  east  along  Main  Dunstable 
road  to  Kinsley  street;  east  along  the 
centerline  of  Kinsley  street  to  Ash  street; 
south  along  the  centerline  of  Ash  street  to 
Lake  street;  east  along  the  centerline  of 
Lake  street  to  Main  street;  south  along  the 
centerline  of  Main  street  to  the  centerline 
of  the  F.  E.  Everett  Turnpike;  west  and 
north  along  the  centerline  of  the  F.  E. 
Everett  Turnpike  to  the  point  of  origin. 

WARD  7.   Bounded  by  a  line  beginning  at 
the  intersection  of  Main  street  and  East 
Hollis  street;  east  along  the  centerline  of 
East  Hollis  street  to  the  Merrimack  river; 
south  along  the  centerline  of  the  Merrimack 
river  to  the  Sagamore  Bridge;  west  and  north 
to  a  point  opposite  Beausite  drive 
(excluding  properties  located  on  Appleside 
drive);  west  along  centerline  of  Beausite 
drive/Veterans  drive  to  the  Daniel  Webster 
Highway;  north  along  the  centerline  of  the 
Daniel  Webster  Highway/Main  street  to  the 
point  of  origin. 

WARD  8.  Bounded  by  a  line  beginning  at 
the  intersection  of  East  Dunstable  road  and 
the  F.  E.  Everett  Turnpike;  east  along  the 
turnpike  to  the  Main  street/Daniel  Webster 
Highway  Interchange;  south  along  the 
centerline  of  the  Daniel  Webster  Highway  to 
Veterans  drive;  east  along  the  centerline  of 
Veterans  drive/Beausite  drive  to  a  point 
opposite  the  east  end  of  Beausite  drive; 
south  and  east  (excluding  properties  located 
on  Peach  drive)  to  the  Sagamore  Bridge  and 
the  Merrimack  river;  south  along  the 
centerline  of  the  Merrimack  river  to  the 
Tyngsborough  town  line/New  Hampshire  state 
line;  west  along  the  New  Hampshire  state 


line  to  the  centerline  of  East  Dunstable 
road;  north  along  the  centerline  of  East 
Dunstable  road  to  the  point  or  origin. 

WARD  9.   Bounded  by  a  line  beginning  at 
the  intersection  of  state  route  111A  and  the 
Nashua  city/Hollis  town  line;  east  along  the 
centerline  of  state  route  111A  to  Groton 
road;  east  along  the  centerline  of  Groton 
road  to  Main  Dunstable  road;  north  along  the 
centerline  of  Main  Dunstable  road  to  Conant 
road;  northeast/northwest  along  the 
centerline  of  Conant  road  to  Main  Dunstable 
road;  east  along  the  centerline  of  Main 
Dunstable  road  to  the  centerline  of  Fordham 
drive;  southeast  to  a  point  1500  feet  from 
Northeastern  Boulevard  on  the  extended 
centerline  of  Pittsburgh  drive;  northeast 
along  the  centerline  of  Pittsburgh  drive  to 
the  F.  E.  Everett  Turnpike;  southeast  along 
the  turnpike  to  East  Dunstable  road;  south 
along  the  centerline  of  East  Dunstable  road 
to  the  New  Hampshire  state  line;  west  along 
the  New  Hampshire  state  line  to  the  Nashua 
city/Hollis  town  line;  north  along  the 
Nashua  city  line  to  the  point  of  origin. 

28  Limitation  of  Act.  Nothing  in  this 
act  affects  the  representation  of  the  city 
of  Nashua  in  the  general  court  that  will 
assemble  in  December  1982.  The  ward  lines 
for  membership  in  that  general  court  remain 
in  effect  until  the  dissolution  of  that 
general  court  in  1984.  Any  representative 
in  office  on  the  effective  date  of  this 
section  does  not  lose  his  eligibility  for 
that  office  because  of  the  changes  in  ward 
boundaries  made  hereunder. 

29  Incumbent  Ward  Officers. 
Notwithstanding  any  changes  in  the  ward 
boundaries,  the  elected  ward  officers  in 
office  at  the  time  of  the  passage  of  this 
act  shall  continue  in  said  offices  until  the 
end  of  the  term  for  which  they  were  elected. 

30  Representation  in  General  Court. 
Amend  RSA  662:5,  VI  (supp)  as  inserted  by 
1979,  436:1  as  amended  by  striking  out  the 
districts  for  Nashua  and  Manchester  and 
inserting  in  place  thereof  the  following: 


District 

No. 

22 

District 

No. 

23 

District 

No. 

24 

District 

No. 

25 

District 

No. 

26 

District 

No. 

27 

District 

No. 

28 

District 

No. 

29 

District 

No. 

30 

District 

No. 

31 

District 

No. 

32 

District 

No. 

33 

District 

No. 

34 

District 

No. 

35 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Manchester 

Manchester 
Manchester 

Manchester 


Ward  1 

Ward  2 

Ward  3 

Wards  1,  2  and  3 

Ward  5 

Ward  4 

Ward  6 

Ward  7 

Ward  8 

Wards  4,  6,  7  and  8 

Ward  9 

Ward  1 

Ward  2 
Ward  6 

Ward  3 


832 


HOUSE  JOURNAL  9JUN82 


District 

No. 

36 

Manchester 

Ward 

4 

District 

No. 

37 

Manchester 

Ward 

5 

District 

No. 

38 

Manchester 

Ward 

7 

District 

No. 

39 

Manchester 
Manchester 

Ward 
Ward 

8 
9 

District 

No. 

40 

Manchester 

Ward 

10 

District 

No. 

41 

Manchester 

Ward 

11 

District 

No. 

42 

Manchester 

Ward 

12 

31  At-Large  Representation.     Each  ward  in  the  city  of  Nashua  shall 
elect  3  representatives,    and  one   representative  shall  be  elected  at-large 
from  wards   1,    2  and  3  and  from  wards  4,   6,    7  and  8,    respectively. 

32  State  Party  Convention  Delegates.      Amend  RSA  662:6,   VI   (supp)  as 
inserted   by  1979,    436:1   as  amended   by   strking  out  the  delegates  for  Nashua 
and   inserting  in  place  thereof  the   following: 

Nashua  Ward  1  3 

Nashua  Ward  2  3 

Nashua  Ward  3  3 

Nashua  Ward  4  3 

Nashua  Ward  5  3 

Nashua  Ward  6  3 

Nashua  Ward  7  3 

Nashua  Ward  8  3 

Nashua  Ward  9  3 

33  Referendum.     Sections  27  through  32  of  this  act  shall  not   take 
effect  unless  they  are  adopted   by  a  majority  vote  at  the  state  general 
election   to  be  held   in  the  city  of  Nashua   in  November  1982,    as  hereinafter 
provided.     The  city  clerk   then  in  office  shall  cause  to  be  placed  on  the 
ballot   the   following  question:      "Do  you  approve  of  the   provisions  of 
sections  27  through  32  of  an  act  entitled  in  part   'An  Act...   establishing 
ward   lines   in  the  city  of  Nashua'   passed  at  the   1982  special  session  of  the 
legislature  which  would  in  part   redivide  the  city's  wards  into  wards  of 
substantially  equal  population?"     Said  question  shall  be  printed   in  the 
same  form  as  prescribed  in  RSA  656:13.      If  a  majority  of  those  voting  on 
the  queston  vote   in  the  affirmative,    sections  27  through  32  of  this  act 
shall  be  declared  to  have  been  adopted  effective  January   1,    I983.     The  city 
clerk  shall,    within  10  days  after  said  election,    certify  the   result  of  the 
vote  on  the  above  question   to  the  secretary  of  state. 

34  City  of  Keene  Representative  District  Ward  Lines   for  1984.     The 
representative  district  ward   lines  for  1984  shall  be  the  same  ward   lines 
adopted  by  the  city  of  Keene  at  the  municipal  election  held   in  November, 
1981. 

35  Representatives.     Wards  1,    2,    3,    4  and  5  shall  each  be  entitled  to 
one   representative;    and  4   representatives  shall  be  elected  at-large  from 
wards  1    through  5   in  the  city  of  Keene. 

36  Representatives  in  the  General   Court.     Amend  RSA  662:5,    III   (supp) 
as   inserted   by   1979,    436:1   as  amended   by  striking  out  the  districts   for 
Keene  and  inserting  in  place  thereof  the  following: 

District  No.    12  Keene  Ward   1 

District  No.    13  Keene  Ward  2 

District  No.    14  Keene  Ward  3 

District  No.    15  Keene  Ward  4 

District  No.    16  Keene  Ward  5 

District  No.    17  Keene  Wards   1-5  4 

37  State  Party  Convention  Delegates.     Amend  RSA  662:6,    III   (supp)   as 
inserted   by   1979,    436:1  as  amended  by  striking  out  the  delegates  for  Keene 
and   inserting  in  place  thereof  the   following: 

Keene  Ward  1  2 

Keene  Ward  2  2 

Keene  Ward  3  2 

Keene  Ward  4  2 

Keene  Ward  5  2 


HOUSE  JOURNAL  9JUN82 


833 


38  Limitation  of  Act.      Nothing  in   this 
act  affects   the   representation  of  the   city 
of  Keene   in  the  general  court   that  will 
assemble   in  December   1982.      The   ward    lines 
for  membership   in   that  general  court   remain 
in  effect  until   the  dissolution  of  that 
general   court    in   1984.      Any  elections   to 
fill   vacancies    in   that  general   court   shall 
be  held  on  the   basis  of  the  ward   lines  as 
they  existed   in  December  1982. 

39  Contingency.     If  any  section  of  this 
act   that   becomes   law  results   in  duplicate 
numbering  of  districts   for   the   election   of 
representatives   to   the   general  court    from 
any  county  as   specified   in  RSA  662:5   as 
amended,    the   districts    in  that   county   shall 
be  renumbered  as  needed  as  soon  as  possible, 
with   the   approval   of  the   speaker  of  the 
house  and   the   present   of  the   senate,    by 
joint   effort   of  the   director  of  legislative 
services  and   the   secretary  of  state   so    that 
there   shall   be  eliminated   any   duplication    in 
the  numbering  of  districts    for   the   election 
of  representatives   to    the   general  court    from 
any   county  as   specified    in  RSA  652:5  and   so 
that    the   numbering  of  districts   for   the 
election  of  representatives   to   the  general 
court   from  any   county  as  specified    in  RSA 
662:5   shall   be  consecutive   starting  with   the 
number   1 . 

40  Effective  Date. 

I.  Sections  3,  4,  5,  9,  16,  18, 
26,  33,  and  39  of  this  act  shall  take  effect 
upon  its  passage. 

II.  Sections  1,  2,  6,  7,  and  8  of 
this  act  shall  take  effect  as  provided  in 
section  9. 

III.  Sections  10,  11,  12,  13,  14, 
and  15  of  this  act  shall  take  effect  as 
provided  in  section  16. 

IV.  Section  17  and  sections  19 
through  25  of  this  act  shall  take  effect  as 
provided  in  section  26. 

V.  Sections  27  through  32  of  this 
act  shall  take  effect  as  provided  in  section 
33. 

VI.  Sections  34  through  38  of  this 
act  shall  take  effect  January  1,  1983. 


CHESHIRE:   Baybutt,  Crane,  Jesse  Davis, 
Eisengrein,  Ernst,  Robert  Galloway,  Gordon, 
Lane,  Miller,  Moore,  Perry  and  Jean  White. 

COOS:   Brungot,  Bums,  Chardon,  Horton, 
Valliere  and  Wiswell. 

GRAFTON:   Armstrong,  Buckman,  Christy, 
Clark,  Driscoll,  Hammond,  Logan,  Look,  Mann, 
Mansfield,  Mclver,  Pepitone,  Rounds,  Seely, 
Snell,  Taffe,  Walter,  Ward  and  Roger  Wood. 

HILLSBOROUGH:   Ahrens,  Ainley,  Amidon, 
Boisvert,  Bridgewater,  Carpenter,  Carragher, 
Carswell,  Charpentier, ,  DeForte,  Dolbec, 
Donovan,  Clyde  Eaton,  Joseph  Eaton,  Ford, 
Granger,  Sal  Grasso,  Head,  Heald,  Healy, 
Howard  Humphrey,  Thomas  Hynes,  Keefe, 
Knight,  Labombarde,  Martineau,  Howard  Mason, 
Mazur,  Messier,  Norman  Packard,  Aime 
Paradis,  Pariseau,  Peters,  G.  Philip 
Rodgers,  William  Russell,  Sallada,  Silva,  B. 
P.  Smith,  Steiner,  Stone,  Stylianos, 
Taraposi,  Van  Loan,  Vergas,  Ware,  Watson, 
Kenneth  Wheeler  and  M.  Arnold  Wight. 

MERRIMACK:   Bibbo,  Laurent  Boucher,  John 
Gate,  Milton  Gate,  Dean,  James  Humphrey, 
Kidder,  Lewis,  Locke,  Nichols,  David 
Packard,  Paire,  Parker,  Doris  Riley, 
Margaret  Roberts,  William  Roberts,  Savaria, 
Stark,  Stio,  Trachy,  Underwood,  Waters, 
Ashton  Welch,  James  Whittemore  and  Wiviott. 

ROCKINGHAM:   Benton,  Blake,  William  Boucher, 
Burdick,  Butler,  Cote,  Day,  Espinola,  Felch, 
Flanagan,  Flanders,  Beverly  Gage,  Thomas 
Gage,  Kenneth  Gould,  Hoar,  Kane,  Kelley, 
Roger  King,  Lockhart,  Lovejoy,  Mace,  Robert 
Mason,  Norman  Myers,  Nevins,  Newell,  Parr, 
Quimby,  Romoli,  Scamman,  Schmidtchen, 
Schwaner,  Shurtleff,  Skinner,  Stimmell, 
Sytek,  Tavitian,  Tufts,  Vartanian,  John 
Walker,  Warburton  and  Wolfsen. 

STRAFFORD:   Appleby,  Bickford,  Bouchard, 
James  Chamberlin,  Gauvin,  Meader,  Lawrence 
Smith  aind  Franklin  Torr. 


Hearing  no  objection,  the  Chair  advised 
the  Clerk  to  dispense  with  the  reading  of 
the  amendment. 

Rep.  Sytek  explained  the  amendment. 

Reps.  Krasker,  Joseph  MacDonald,  Spirou, 
Nardi  and  Cotton  spoke  against  the  amendment. 

Reps.  Norman  Packard,  Carragher  and 
Randall  spoke  in  favor  of  the  amendment. 

Reps.  Lane  and  French  spoke  in  favor  of 
the  amendment  and  yielded  to  questions. 

The  previous  question  was  moved. 
Sufficiently  seconded.   Adopted. 

A  roll  call  was  requested.   Sufficiently 
seconded. 


SULLIVAN:   Cutting,  Gordon  Flint,  Leonard 
Gray,  Sim  Gray,  Ingram,  Palmer,  Quinlan, 
Spaulding  and  Townsend. 

NAYS   121 

BELKNAP:   Bolduc  and  Gary  Dionne. 

CARROLL:   Allen. 

CHESHIRE:   Barber,  Daniel  Eaton,  Hickey, 
Lynch,  Matson,  Proctor,  Margaret  Ramsay, 
William  Riley,  Rouillard,  Patricia  Russell 
and  Scranton. 


(Speaker  presiding) 

YEAS   187  NAYS  121 

YEAS   187 


COOS:  Beau lac,  Brideau,  Richard  Demers, 
Lawrence  Guay,  Langley,  George  Lemire, 
Mayhew,  Oleson,  Theriault  and  York. 


BELKNAP:   Birch,  French,  Earle  Hardy, 
Holbrook,  Lamprey,  Christina  O'Neill, 
Pearson,  Randall,  Rich,  Rollins,  Sanders  and 
David  Whittemore. 

CARROLL:  Barringer,  Dickinson,  Heath, 
Howard,  Keller,  Kenneth  MacDonald  and 
Kenneth  Smith. 


GRAFTON:   Chambers,  Copenhaver,  Crory  and 
Glyneta  Thomson. 

HILLSBOROUGH:   Debora  Ahern,  Richard  Ahern, 
Arnold,  Baker,  Brack,  Burkush,  Casinghino, 
Cronin,  Crotty,  William  Dion,  Richard 
Galway,  Hall,  Horan,  Kaiklamanos, 
Katsiaficas,  Kizala,  Leclerc,  Lefebvre, 


834 


Levesque,  Madigan,  McGlynn,  Milton  Meyers, 
Mulligan,  Nardi,  Nemzoff,  Pastor,  Denise 
Ralche,  Maureen  Raiche,  Roy,  Leonard  Smith, 
Soucy,  Spirou,  James  Sullivan,  Mary 
Sullivan,  Turgeon,  Vachon,  Wallace,  Bernice 
Welch,  James  J.  White,  Winn  and  Zajdel. 

MERRIMACK:   Bellerose,  Bodi,  Bowes,  Carroll, 
Degnan,  Morse,  James  O'Neill,  Gerald  Smith, 
Lawrence  Sullivan,  Rick  Trombly  and  Mary 
Jane  Wa liner. 

ROCKINGHAM:   Blaisdell,  Blanchette, 
Carpenito,  Connors,  Cotton,  Downing, 
Ellyson,  Greene,  Gretsch,  Hollingworth,  John 
Hynes,  Kozacka,  Krasker,  Leslie,  LoFranco, 
Joseph  MacDonald,  Pantelakos,  Pevear,  Read, 
Splaine  and  Raymond  Wood. 

STRAFFORD:   Belhumeur,  Bernard,  Chagnon, 
Creteau,  James  Demers,  Demetracopoulos, 
Phyllis  DeNafio,  Teresa  DeNafio,  Albert 
Dionne,  Donnelly,  Charles  Grassie,  Kincaid, 
Pageotte,  Sackett,  Schreiber  and  Whitehead. 

SULLIVAN:   Brodeur,  D'Amante,  Forrest  and 
LeBrun,  and  the  amendment  was  adopted. 

Ordered  to  third  reading. 

Rep.  Kaklamanos  notified  the  Clerk  that 
he  wished  to  be  recorded  against  HB  45. 

Rep.  Baybutt  moved  that  the  House  now 
adjourn  from  the  early  session,  that  the 
business  of  the  late  session  be  in  order  at 
the  present  time,  that  the  reading  of  bills 
be  by  title  only  and  resolutions  by  caption 
only  and  that  all  bills  ordered  to  third 
reading  be  read  a  third  time  by  this 
resolution,  and  that  all  titles  of  bills  be 
the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  and  when  the  House 
adjourn  today  it  be  to  meet  at  the  call  of 
the  Chair. 

Adopted. 

LATE  SESSION 
Third  reading  and  final  passage 

SB  23-FN,  relative  to  the  tax  on 
pari-mutuel  pools. 

HB  45,  establishing  the  ward  lines  for 
the  city  of  Portsmouth  and  amending  the 
Portsmouth  city  charter;  establishing  the 
ward  lines  for  the  city  of  Manchester  and 
amending  the  Manchester  city  charter; 
establishing  the  ward  lines  for  the  city  of 
Concord  and  amending  the  Concord  city 
charter;  establishing  ward  lines  in  the  city 
of  Nashua;  and  relative  to  election  of 
representatives  to  the  general  court  from 
Keene . 

UNANIMOUS  CONSENT 

Reps.  Demetracopoulos  and  Ernst 
addressed  the  House  by  unanimous  consent. 

Rep.  Baybutt  moved  that  the  House  stand 
in  recess  for  the  purpose  of  Introduction  of 
Bills  and  Enrolling  Reports  only. 

Adopted. 


RECESS 

(Rep.  Tamposi  in  the  Chair) 

ENROLLED  BILL  REPORT 

HB  31,  establishing  ward  lines  for  the 
city  of  Berlin. 

Rep.  Nancy  Baybutt 
Sen.  Laurier  Lamontagne 
For  the  Committee. 

RECESS 

(Rep.  French  in  the  Chair) 

ENROLLED  BILL  AMENDMENT 

HB  40-FN,  relative  to  sheltered  care 
facilities  and  certain  monthly  allowances 
and  making  an  appropriation  therefor, 
relative  to  reducing  the  appropriation  to 
the  youth  development  center,  and  relative 
to  beano. 

Amendment 

Amend  section  2  of  the  bill  by  striking 
out  line  one  and  inserting  in  place  thereof 
the  following: 

2  Sheltered  Care  Facilities  Exempted. 
Amend  RSA  151:4,  I  (supp)  as  amended  by 

This  amendment  corrects  an  RSA  citation. 
Adopted. 

ENROLLED  BILLS  REPORT 

SB  25,  relative  to  apportioning  the  New 
Hampshire  senate. 

HB  40,  relative  to  sheltered  care 
facilities  and  certain  monthly  allowances 
and  making  an  appropriation  therefor, 
relative  to  reducing  the  appropriation  to 
the  youth  development  center,  and  relative 
to  beano. 

Rep.  Nancy  Baybutt 
Sen.  Laurier  Lamontagne 
For  the  Committee. 

RECESS 

(Speaker  in  the  Chair) 

Rep.  French  moved  that  the  House  adjourn. 
Adopted. 


The  House  recessed  at  4:50  p.m. 


HOUSE  JOURNAL  24JUN82 


835 


HOUSE 
JOURNAL  12 

Thursday  24Jun82 


Portsmouth  city   charter;    establishing   the 
ward   lines   for  the   city  of  Manchester  and 
amending   the   Manchester   city   charter; 
establishing  the  ward   lines   for  the  city  of 
Concord   and   amending   the   Concord   city 
charter;    establishing  ward   lines  in  the  city 
of  Nashua;   and   relative  to  election  of 
representatives  to   the  general  court   from 
Keene . 

Rep.   Nancy  Baybutt 
Sen.   Laurier  Lamontagne 
For   the   Committee. 


The  House  assembled  at   10:00  a.m.,    and 
was  called  to  order  by   the  Speaker. 

Prayer  was  offered   by   the  House 
Chaplain,    Rev.   William  L.   Quirk. 

Let  us  Pray: 

Father  in  heaven  we   turn  our  attention 
to  You  and  ask   that  You  lend  Your  presence 
to  us  today.     As  You  proclaim  peace   to  us  we 
ask   that  we   be  at  peace  with  one  another. 

May  we   always  use   the  gifts   and   talents 
that  You  have  given   to  us  for  the   benefit  of 
those   we   represent.      Guide  us  today   that  we 
may  make  decisions  that  are  wise  and 
beneficial  for  our  state.     Help  us  to  grow 
in  the   realization   that  our  lives  demand 
service  to  others.     Amen. 

Rep.   Flint   led  the  Pledge  of  Allegiance. 

LEAVES  OF  ABSENCE 

Reps.   Murray,    Myrl  Eaton,    Trombly,    Rand, 
Milton   Cate,   Rouillard  and  Phyllis  DeNafio, 
the  day,    illness. 

Reps.   Keefe,    Carpenter,    Hammond, 
Mulligan,   Krasker,    Margaret  Roberts,   Vlack, 
Flynn,   Rayno,    Carroll,    Zimmerman,   Duffett, 
Jesse  Davis,    Paire,    Lynde,   Morse,    Franklin 
Torr,   Stylianos,   Ernst,   Rollins,    Denise 
Raiche,    Lynch,    Tamposi,    Casinghino   and   M. 
Arnold  Wight,    the  day,    important  business. 

INTRODUCTION  OF  GUESTS 

Members  of  the  St.   Paul's  School 
advanced   studies  and    instructors  Sanford 
Sistare   and  Larry  Katzenbaoh,    guests   of  Rep. 
Stio;   Michael  Taffe  and  Tom  Breen,    son  and 
guest  of  Rep.  Taffe;    Evelyn  Erza,    guest   of 
Rep.   Kashulines. 

SENATE   MESSAGE 
CONCURRENCE 

KB  45-FN,    establishing  the  ward   lines 
for  the  city  of  Portsmouth  and  amending  the 
Portsmouth  city  charter;    establishing  the 
ward    lines    for   the   city  of  Manchester  and 
amending   the  Manchester   city   charter; 
establishing  the  ward   lines  for  the  city  of 
Concord  and  amending  the   Concord  city 
charter;    establishing  ward   lines   in  the  city 
of  Nashua;   and  relative  to  election  of 
representatives  to   the  general  court   from 
Keene. 

ENROLLED  BILL  REPORT 

HB  45,   establishing  the  ward   lines   for 
the  city  of  Portsmouth  and  amending  the 


INTRODUCTION   OF  SENATE   BILL 
First,    second   reading  and    referral 

SB  25,    relative  to  apportioning  the  New 
Hampshire   senate.      (Reapportionment) 

SUSPENSION  OF  RULES 

Rep.   Chase  moved   that   the   rules  be  so 
far   suspended   as   to   permit   consideration  at 
the  present   time  of  SB  25,    relative  to 
apportioning  the  New  Hampshire  senate,   and 
spoke  to  his  motion. 

Adopted   by  the  necessary  two-thirds. 

Rep.    Chase  moved   that  SB  25,    relative  to 
apportioning  the  New  Hampshire  senate,    be 
put  on   third   reading,    read  a  third   time  and 
passed. 

Adopted. 

Third  reading  and  final  passage 

SB  25,  relative  to  apportioning  the  New 
Hampshire  senate. 

SENATE  MESSAGE 

NONCONCURRENCE  WITH  AMENDMENT 

REQUESTS  COMMITTEE  OF  CONFERENCE 

SB  23,  relative  to  the  tax  on 
pari-mutuel  pools. 

The  President  appointed  Sens.  Monier, 
Bergeron,  Sanborn  £ind  Conley. 

Rep.  Kidder  moved  that  the  House  accede. 

Reps.  Spirou,  Daniell  and  James  J.  White 
spoke  to  the  motion. 

Motion  adopted. 

The  Speaker  appointed  Reps.  Kidder, 
LaMott,  Scranton,  Margaret  Ramsay  and  Tucker. 

UNANIMOUS  CONSENT 

Rep.  Charpentier  addressed  the  House  by 
unanimous  consent. 

INTRODUCTION  OF  GUESTS 

High  school  students  who  were  the  New 
Hampshire  entry  in  the  winning  NEAAU 
basketball  tournament  who  qualified  for  the 
National  Championship  in  Louisiana;  Head 
coach  Stan  Spirou  and  assistant  coaches 
Asbury,  Dufour  and  Page,  guests  of  Rep. 
Chambers;  Dr.  and  Mrs.  Byron  L.  Sweet  of 
Florida  and  Mrs.  Ruth  Bibbo,  friends  and 
wife  of  Rep.  Bibbo. 

RECESS 


836 


HOUSE  JOURNAL  24JUN82 


SENATE  MESSAGE 
REQUESTS  CONCURRENCE  WITH  AMENDMENT 

HB  40,  relative  to  sheltered  care 
facilities  certain  monthly  allowances  and 
making  an  appropriation  therefor  and 
relative  to  reducing  the  appropriation  to 
the  Youth  Development  Center. 

Rep.  Spaulding  moved  that  the  House 
nonconcur  and  request  a  Committee  of 
Conference. 

Adopted. 

The  Speaker  appointed  Reps.    Tovmsend, 
Rounds,    Spaulding  aind  Sytek. 


INTRODUCTION   OF  SENATE  BILL. 
First,    second   reading 

SB  26,    relative  to   the   tax  on 
pari-rautuel  pools. 

SENATE  MESSAGE 

ACCEDE  REQUEST  FOR 

COMMITTEE  OF  CONFERENCE 

HB  40,  relative  to  sheltered  care 
facilities  certain  monthly  allowances  and 
making  an  appropriation  therefor  and 
relative  to  reducing  the  appropriations  to 
the  Youth  Development  Center. 

The  President  appointed  Sens.  Sanborn, 
Podles  and  Roy. 

COMMITTEE  OF  CONFERENCE  REPORT  ON  SB  23 

The  committee  of  conference  to  which  was 
referred  Senate  Bill  23,  An  Act  relative  to 
the  tax  on  pari-mutuel  pools  having 
considered  the  same,  report  the  same  with 
the  following  recommendations: 

That  the  Senate  recede  from  its  position 
of  nonconcurrence  with  the  House  amendment, 
and  concur  with  the  House  amendment,  and 

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

Amend  the  bill  by  striking  out  section 
5,  Shellfish,  and  renumbering  sections  6  - 
217  to  read  as  5  -  216  respectively. 

Amend  section  7  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

7  Public  Health  Services  Special  Fund. 
Amend  RSA  6:12,  I(n)  and  (o)  (supp)  as 
inserted  by  1981,  500:2  and  1982,  39:3  by 
striking  out  said  subparagraphs  and 
inserting  in  place  thereof  the  following: 

(n)  The  share  of  the  normal 
yield  tax  going  to  the  department  of 

resources  and  economic  development  under  RSA 
79:14,  which  shall  be  credited  to  the 
unincorporated  places  forest  conservation 
fund; 

(o)  Moneys  received  for 
sending  children  to  the  special  education 
program  of  the  child  and  adolescent  unit  at 


the  New  Hampshire  hospital  pursuant  to  RSA 
186-C:20;  and 

(p)  Money  received  under  RSA 
125:62-a,  143:11,  and  184:85,  which  shall  be 
credited  to  the  public  health  services 
special  fund. 

Amend  the  bill  by  striking  out  section 
18  and  inserting  in  place  thereof  the 
following: 

18  Branch  Offices,  Division  of 
Welfare.  Other  provisions  of  the  law 
notwithstanding,  the  division  of  welfare  and 
state  of  New  Hampshire  are  hereby  prohibited 
from  expending  funds  for  the  operation  and 
maintenance  of  offices  in  Peterborough, 
Franklin,  Lebanon,  and  Plymouth  after  July 
1,  1982,  or  the  effective  date  of  this 
section,  whichever  is  later. 

Amend  the  introductory  paragraph  of 
paragraph  V  of  section  47  of  the  bill  by 
striking  out  same  and  inserting  in  place 
thereof  the  following: 

V.  Every  department,  as  defined  in 
RSA  9:1,  shall,  within  30  days  of  the 
effective  date  of  this  section,  submit  to 
the  governor  and  to  the  fiscal  committee  of 
the  general  court  a  plan  setting  forth  its 
permanent  staff  levels  necessary  to 
implement  its  budget  for  fiscal  year  1983. 
Said  plan,  once  submitted  to  the  governor 
and  the  fiscal  committee,  shall  be  binding 
on  the  department;  and  the  permanent  staff 
of  the  department  shall  not  be  increased 
thereafter.  Said  plan  shall  contain,  but 
shall  not  be  limited  to,  the  following 
provisions: 

Amend  paragraph  I  of  section  54  of  the 
bill  by  striking  out  same  and  inserting  in 
place  thereof  the  following: 

I.  The  division  of  mental  health 
and  developmental  services  shall  submit  a 
separate  plan  for  the  reductions  provided 
for  in  1981,  568:102  and  161  for  the  Laconia 
state  school  and  training  center  only, 
within  30  days  of  the  effective  date  of  this 
section,  to  the  governor  and  the  advisory 
budget  control  committee.   In  addition,  the 
division  of  mental  health  and  developmental 
services  shall  submit  a  separate  plan  for 
the  implementation  of  the  reduction  provided 
for  in  section  194  of  this  act  for  the 
Laconia  state  school  and  training  center 
only,  within  30  days  of  the  effective  date 
of  this  section,  to  the  governor  sind  the 
advisory  budget  control  committee. 

Amend  the  bill  by  strUclng  out  section 
55  and  inserting  in  place  thereof  the 
following: 

55  State  Agency  Planning  and  Design 
Costs.  Effective  July  1,  1982,  or  upon  the 
effective  date  of  this  section,  whichever  is 
later,  the  division  of  public  works  of  the 
department  of  public  works  and  highways 
shall  not  perform  any  design  and  planning 
work  for  any  state  agency  unless  the 
division  is  reimbursed  for  such  work  by  the 
agency  pursuant  to  a  written  agreement.  The 
division  shall  not  expend  for  fiscal  year 


HOUSE  JOURNAL  24JUN82 


837 


1983  more   than   $100,000   plus  any  actual 
agency    income   from  design  and   planning  v«rk. 

Amend  RSA  421-B:31,    III  as   inserted   by 
section   112  of  the   bill   by   striking  out   same 
and   inserting  in  place   thereof  the   following: 

III.     The  annual   fee   for  an   issuer 
of  open-end  mutual  funds,    to  be  paid  to   the 
commissioner  on  or  before  May   1   of  each 
year,    shall  be  $1,000.      In  calendar  year 
1982,    such   fee  shall  be  paid  on  or  before 
the  thirtieth  day  after  the  effective  date 
of  this  paragraph. 

Amend  sections   114  and   115  of  the   bill 
by  striking  out  same  and   inserting  in  place 
thereof  the   following: 

114  Wetlands  Board.     Amend  RSA 
483-A:1-c,    I   (supp)   as  inserted   by   1979, 
392:1    by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the   following: 

I.     There   is  hereby  established  a 
wetlands  board   for  the  purpose  of  carrying 
out  the  provisions  of  law  conferring  on   the 
water   resources   board  authority  to  decide 
matters   relative  to   resources  of  the  state, 
including,    but  not   limited   to,    excavating, 
dredging  and   filling  waters  of  the  state. 
Appointees  and  officials  shall  have  voting 
rights   as  members   of  the   wetlands   board; 
provided,    however,    that  nothing  herein  shall 
be  construed  as  affecting  other  duties  of 
the  water   resources  board  with  reference   to 
dams,    water   levels  and  administration  of  the 
department.     The  wetlands  board  shall  be 
composed  of  the   following: 

(a)  The  executive  director  of 
the  department  of  fish  and  game  or  his 
designee; 

(b)  The  oonmissioner  of  the 
department  of  public  works  and  highways  or 
his  designee; 

(c)  The  commissioner  of  the 
department  of  resources  and  economic 
development  or  his  designee'; 

(d)  The  director  of  the 
office  of  state  planning  or  his  designee; 

(e)  The  executive  director  of 
the  water  supply  and  pollution  control 
commission  or  his  designee; 

(f)  The  commissioner  of  the 
department  of  safety  or  his  designee; 

(g)  The  chairman  of  the   water 
resources  board  or  his  designee; 

(h)     The  senior  member  of  the 
water  resources   board  or  his  designee; 

(i)      3  members  of  the  public 
appointed   by  the  governor  and  council   for  a 
term  of  3  years  or  until  a  successor  is 
chosen.     One  of  these  shall  be  a  member  of  a 
municipal  conservation  commission  at  the 
time  of  appointment,    one  shall  be  a  member 
of  a  soil  or  water  conservation  district  at 
the  time  of  appointment,    and  one  shall  be  an 
elected  municipal  official  at  the   time  of 
appointment.     The  3  members  appointed  under 
this  subparagraph  shall  be  entitled   to 
expenses  as  may   be  authorized  by  governor 
and  council. 

115  Appointees   to  Wetlands  Board. 
Notwithstanding   the   provisions   of  RSA 
483-A:1-c,    I,    the   3   public  members   who 
represent   the   interests  of  municipal 
conservation  commissions,    soil  or  water 


conservation  districts,    and  elected 
municipal  officials  shall  remain   in  office 
until  their  original  terms  expire  and  until 
successors  are  appointed  and  qualified. 

Amend   the   bill  by  striking  out  section 
167,    Il(b). 

Amend  paragraph  II  of  section   193  of  the 
bill  by  striking  out  same  and   inserting  in 
place   thereof  the   following: 

II.     All  departments  and  agencies 
affected   by   the  additional  5   percent 
reduction  described   in  paragraph  I  shall 
submit  a  plan   for  the   implementation  of  the 
reduction,   within  30  days  of  the  effective 
date  of  this   section,    to  the  governor  and 
the  advisory  budget  control  committee  as 
established  under  RSA  9:13-a. 

Amend   the   bill  by  striking  out  section 
199  and   inserting  in  place   thereof  the 
following: 

199     Additional  Appropriations. 

I.      In  addition   to  any  other 
appropriations,    the   following  sums  are 
hereby  appropriated   for  fiscal  year  1982: 

Administration  and   Control  (PAU  01,04,06) 
Indigent  Defense  $     500,000 

This  sum  shall  be  from  general  funds. 

II.      In  addition  to  any  other 
appropriations,    the   following  sums  are 
hereby  appropriated   for   fiscal  year   1983: 


Department  of  Safety   (PAU  02,16,05)       722,359 

State  Treasury   (PAU  01,10,03) 

Debt  Service  1,000,000 

Business  Profits  Distribution         1,760,518 
Savings  Bank  Distribution  5,200,000 

Rooms  and  Meals  Distribution  8,900,000 

Of  the  sums  appropriated   for  the 
department  of  safety,   $88,746   shall  be  from 
general  funds,    $576,025   shall  be  from 
highway   funds,    and  $57,588   shall  be  from  the 
central  and   eastern  New  Hampshire   turnpike 
funds  as   follows:      Central  New  Hampshire 
Turnpike  fund  -  $33,977;    Blue  Star  Turnpike 
fund  -  $14,973;    Spaulding  Turnpike   fund  - 
$8,638.  Of  the  Sums  appropriated   for  the 
state   treasury,   $16,860,518  shall  be  from 
general  funds. 

III.     The 
governor   is  authorized  to  draw  his  warrants 
for  the   funds  appropriated   by  this  section 
out  of  the  appropriate   funds. 

Amend   the  bill  by  striking  out  section 
200  and   inserting  in  place  thereof  the 
following: 

200     Revised  Estimates.  Amend   section 

195  of  this  act  by  striking  out  said  section 
and   inserting  in  place  thereof  the   following: 

195     Revised  Revenue  Estimates.      Amend 
1981,    568:158   by  striking  out  said  section 
and   inserting  in  place   thereof  the   following: 

568:158     Estimates  of  Unrestricted 
Revenue. 


838 


HOUSE  JOURNAL  24JUN82 


Total 


General  Fund 

Beer 

Board  &  Care 

Business  Profits  Tax 

Estate  &  Legacy  Taxes 

Insurance 

Intangible  Tax 

Liquor 

Meals  and  Rooms  Taxes 

Parks  Income 

Dog  Racing 

Harness  Racing 

Real  Estate  Transfer  Tax 

Telephone 

Tobacco 

Utilities 

Other 

Sale  of  Realty 

Sweepstakes  Revenue 

Savings  Bank  Tax 


Highway  Fund 

Gasoline  Road  Toll 
Motor  Vehicle  Fees 
Miscellaneous 


Fish  and  Game  Fund 

Fish  and  Game  Licenses 
Fines  and  Penalties 
Miscellaneous  Sales 
Indirect  Costs 


Total 


1982 

$     6 , 000 , 000 

17,075,000 

79,625,000 

9,600,000 

16,925,000 

14,750,000 

43,800,000 

41,600,000 

4,810,000 

7,100,000 

150,000 

5,400,000 

7 , 250 , 000 

26  ,  500  ,  000 

700 , 000 

21,500,000 

1,100,000 
5 , 200 , 000 

$309,085,000 

1982 

$  58,150,000 

30 ,  850 ,  000 

2,225,000 

$  91,225,000 

1982 

$  2,825,000 
25 , 000 
65 ,  000 
100,000 

3,015,000 


1983 

$     6 ,  975 , 000 

19,300,000 

82,300,000 

10,000,000 

18,575,000 

16,750,000 

45  ,  200 ,  000 

46,270,000 

3,750,000 

7,100,000 

400 , 000 

6,400,000 

8,600,000 

26  ,  500 ,  000 

1,400,000 

26,875,000 

6 , 200 , 000 

3,850,000 

5 , 200 , 000 

$341,645,000 

1983 

$  56,825,000 

30,800,000 

2,450,000 

$  90,075,000 
1983 

$  3,075,000 
25 , 000 
65,000 
100,000 

3,265,000 


Amend  the  bill  by  striking  out  section 
211  and  inserting  in  place  thereof  the 
following: 

211  Salary  Increases.  Amend  section  167 
of  this  act  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

167  Implementation  of  Programs  and 
Priorities. 

I.  Committee  Established.  There  is 
hereby  established  a  special  committee  on 
revenue  and  fund  balance  certification  which 
shall  consist  of  3  members  of  the  senate 
appointed  by  the  president  of  the  senate  and 
3  members  of  the  house  of  representatives 
appointed  by  the  speaker  of  the  house.  Said 
conmittee  shall  choose  one  of  its  members  as 
chairman.  The  state  comptroller  and  the 
legislative  budget  assistant  shall  jointly 
file  with  said  committee  on  December  15, 
1982,  a  financial  statement  for  the  general 
fund,  the  highway  fund  and  the  fish  and  game 
fund  showing  the  revenues  to  date  and  the 
estimated  revenues  for  the  balance  of  the 
fiscal  biennium  and  the  availability  of 
other  funds  in  each  such  fund  which  are 
available  to  be  used  to  fund  programs  or 
priorities  as  provided  herein.   In  addition, 


such  statement  shall  identify  the  funds 
available  in  each  fund  which  were  or  will  be 
realized  from  the  implementation  of  the 
recommendations  of  the  Governor's  Management 
Review,  Inc.   In  the  event  that  the 
comptroller  and  the  legislative  budget 
assistant  are  unable  to  agree  as  to  the 
revenues  received,  the  projected  revenues 
for  the  balance  of  the  fiscal  biennium,  the 
availability  of  other  funds  or  the  amount  of 
funds  in  each  fund  identifiable  as  being 
realized  from  the  implementation  of  the 
recommendations  of  the  Governor's  Management 
Review,  Inc.,  each  shall  file  a  separate 
statement. 

II.  General  Fund  Priorities.  Based 
upon  the  Information  supplied  by  the 
comptroller  and  the  legislative  budget 
assistant,  the  committee  shall  certify 
whether  there  will  be  sufficient  revenues  or 
other  general  fund  funds  available  to 
Implement  the  following  programs  and 
priorities,  provided  that  said  programs  smd 
priorities  shall  be  implemented  in  the 
following  order,  and  provided  further  that 
if  said  committee  certifies  that  there  will 
be  sufficient  revenues  or  other  general 
funds  available,  said  programs  and 
priorities  shall  be  implemented: 


HOUSE  JOURNAL  24JUN82 


839 


(a)     Program  and  Priority  Number 
1.      Salary  Increases.      In   the   event   that   the 
committee  certifies  that   there  are 
sufficient   funds  available,    the   following 
actions  shall  be  implemented: 

(1)  Salary  Increases. 
Commencing  on  December  15,    1982,    or  on  such 
date  as  determined  under  subparagraph   (6)   of 
this   section,    the   salary  of  every 
classified,    unclassified,    judicial  and 
legislative  state   employee  shall  be 
increased   by  an  amount   to  be  determined   by 
the   following  procedure: 

(A)  The  executive,    through 
the  state  negotiating  committee,    and  the 
state  employee  organization  certified  as  the 
representative  thereof  shall  reopen 
negotiations   to  consider  an  agreement   for 
fiscal  year   1983.     Said  renegotiation   shall 
be   limited    to   the  amount   of  the    fiscal  year 
1983   salary   increase.      If  any  agreement 
which    is   reached   as  a   result   of  such 
renegotiation,    including  a  like   increase   for 
unclassified,    judicial  and   legislative 
employees,    will   be  funded  within  the   limits 
of  the  available  balances  determined   by 
paragraph  I,    then  said  agreement  shall  be 
funded   by   the  available  balances  and   is 
hereby  specifically  approved   by   the 
legislature.      If  the  cost  of  said  agreement 
exceeds  the   limits  of  the  available 
balances,    the  state   negotiating  committee 
shall   present   such  agreement   to   the   general 
court   for   subsequent    legislative  action. 

(B)  The   director  of 
legislative  services   is  hereby  directed   to 
change   the   salary  schedules  and   tables  and 
introductory   paragraphs   in  RSA  94:1-a,    RSA 
99:1-a  and  RSA  n91-A:1   to  reflect  the 
increase  provided   for  herein,    and  said 
schedules  and   tables  and   paragraphs  are 
hereby  so  amended  commencing  on   the 
appropriate   date. 

(2)  Appropriation   for 
Unclassified  Employees,    Legislative 
Employees,    and  Judicial  Salary  Increases. 
In  addition  to  any  other  sums  previously 
appropriated,    there   are   hereby  appropriated 
for  the   fiscal  year  ending  June  30,    1983, 
for  the  salary  increases   for  the 
unclassified  state  employees  and   judicial 
and    legislative   salary   increases  as  provided 
in  this  act  the   following  sums:      $560,849 
from  the  general   funds  of  the  state,    $59,125 
from   the   highway   fund,    $2,884   from   the    fish 
and  game  fund,    $25,300   from  federal  funds, 
and  $48,550    from  self-sustaining   funds.      The 
governor  is  authorized   to  draw  his  warrants 
for  the   sums   hereby  appropriated. 

(3)  Appropriations   for 
Retirement  and  OASI.      In  addition   to  any 
other  sums  previously  appropriated,    there 
are  hereby  appropriated   for  the   fiscal  year 
ending  June  30,    1983,    for  retirement  and 
OASI  for  unclassified  state  employees, 
legislative   employees  and    judicial  officers 
the   following   sums:      $16,808    from  the 
general  funds  of  the  state,    $1,773  from  the 
highway  fund,   $86   from  the   fish  and  game 
fund,   $742  from  federal  funds  and  $1,456 
from  self-sustaining   funds.      The  governor   is 
authorized  to  draw  his  warrants   for  the   sums 
hereby  appropriated. 

(4)  Appropriation  for 
Classified  State  Employees'  Salary 
Increase.      In  addition  to  any  other  sums 


previously  appropriated   there  are  hereby 
appropriated   for   the    fiscal  year   ending  June 
30,    1983,    for   the   salary   increases   for 
classified  state   employees  the   following 
sums:      $8,162,779   from  the  general  funds  of 
the   state,   $3,053,619  from  the  highway  fund, 
$214,965    from  the    fish  and   game   fund, 
$2,379,645   from  federal   funds  and  $596,455 
from  self-sustaining   funds.      The  governor   is 
authorized  to  draw  his  warrants   for  the   sums 
hereby  appropriated. 

(5)  Appropriation   for 
Retirement   and   OASI.      In  addition   to  any 
other   sums  appropriated   for   retirement   and 
OASI   for   the   salary   increases    for  classified 
employees  provided   for  herein   for  the   fiscal 
year  ending  June  30,    1983,    the   following 
sums  are  appropriated:      $756,763   from  the 
general  funds  of  the   state,   $285,228   from 
the   highway   fund,    $20,180    from  the   fish  and 
game  fund,    $216,989   from  federal   funds  and 
$55,196   from  self-sustaining  funds.     The 
governor   is   authorized   to   draw  his   warrants 
for  the   sums  hereby  appropriated. 

(6)  Comptroller  to   Certify. 
The  sums  authorized   by   this  section  shall  be 
appropriated  only   if,    on  December  15,    1982, 
the  comptroller,   after  consultation  with  emd 
the  approval  of  the   fiscal  committee  of  the 
general  court,    shall  certify  to  the  governor 
and   council   that   the   projected   surplus   of 
all  the  applicable   funds   for  the  end  of  the 
biennium  are,    in  and  of  themselves 
individually,    sufficient   to   fund  said 
appropriations.     The  comptroller  may,    after 
consultation  with  and   the  approval  of  the 
fiscal  committee,    set  an  effective  date 
other  than  December  15,    1982,    for  the  salary 
increases  authorized  by  this  section,    such 
that   the  available  surplus  shall  be 
sufficient    to    fund    that   proportion   of  the 
appropriation   for   the    remainder  of  the 
fiscal  year   following  such  effective  date. 
In  making  such  certification,    the 
comptroller  shall   identify,    by   fund,    the 
reduced   expenditures   or   increased   revenues 
to  be  realized  within  this  biennium. 
Subject  to   the   foregoing  provisions  of  this 
paragraph,    the   comptroller   is   hereby 
authorized  and  directed   to  allocate  the  sums 
appropriated   by   this  act   for  salary 
increases  to   the   various  program 
appropriation  units  on   the  same  ratio  that 
the  appropriation   in  each  PAU   for  personnel 
services  bears   to   the   total  appropriation 
for  personnel  services. 

(7)  University  System.     The 
trustees  of  the  university  system  of  New 
Hampshire  shall  be  authorized   funds  to 
provide  the   same  salary  increase  or 
increases  as  are  provided   to  classified 
state  employees   if,    on  December  15,    1982, 
the   chancellor  shall  provide  evidence   to  the 
comptroller  of  sufficiently  reduced 
expenditures   or   increased    revenues   to   be 
realized  within  the  university  system  within 
the   biennium  to   fund  an  appropriation   for 
that  purpose;    and   further,    the  appropriation 
made   in  this  paragraph  shall  be  appropriated 
only  if,    on  December  15,    1982,    the 
comptroller,    after  consultation  with  and 
approval  of  the   fiscal  committee  of  the 
general  court,    shall  certify  to  the  governor 
and  council  that,    in  addition  to   the 
projected  surplus  required   by  subparagraph 
(6),    there   is  a  sufficient  projected  surplus 


840 


HOUSE  JOURNAL  24JUN82 


in  the  general  fund  to  fund  any  difference 
between  the  amounts  realized  by  the 
efficiencies  within  the  university  system 
and  the  total  required.   In  making  such 
certification,  the  comptroller  shall 
identify  the  reduced  expenditures  or 
increased  revenues  to  be  realized  within  the 
university  system  within  the  biennium  by 
December  15,  1982.  Subject  to  these 
provisions,  the  comptroller  is  authorized  to 
allocate  the  sum  required  to  fund  the  pay 
increase  authorized  by  this  paragraph  to  the 
trustees  of  the  university  system  of  New 
Hampshire,  and  that  sum  is  hereby 
appropriated.  The  governor  is  authorized  to 
draw  his  warrant  for  said  sum  out  of  any 
money  in  the  treasury  not  otherwise 
appropriated. 

III.   General  Provision.   Except  as 
otherwise  provided,  no  program  and  priority 
provided  for  in  paragraph  II  of  this  section 
shall  be  implemented  unless  the  program  and 
priority  with  the  next  lower  number  has  been 
fully  implemented.   Except  as  otherwise 
provided,  no  sum  shall  be  expended  or 
encumbered  for  any  program  and  priority 
unless  the  committee  finds  and  certifies 
that  there  is  sufficient  revenue  or 
available  funds  to  fully  implement  such 
program  and  priority.   All  sums  certified  by 
the  committee  as  available  to  implement  such 
programs  and  priorities  are  hereby 
appropriated  and  the  governor  is  authorized 
to  draw  his  warrants  for  said  sums  which 
shall  be  a  charge  against  the  appropriate 
fund. 

Amend  section  213  of  the  bill  by  striking 
out  same  and  inserting  in  place  thereof  the 
following: 

213  Class  50  Employee  Benefits 
Suspended.  Notwithstanding  other  provisions 
of  law  and  personnel  department  rules,  no 
benefits  other  than  the  employer  share  of 
FICA,  and  applicable  unemployment 
compensation  and  workman's  compensation 
provisions  shall  be  granted  to  any  class  50 
employee,  except  a  seasonal  employee  as 
defined  in  RSA  98-A:1,  II,  effective  July  1, 
1982.   The  comptroller  shall,  no  later  than 
10  days  after  the  effective  date  of  this 
section,  after  consultation  with  appropriate 
department  heads,  determine  the  savings  in 
each  agency  that  will  result  from  this 
action;  and  these  amounts  shall  lapse  to  the 
appropriate  fund  from  each  affected  agency. 

Amend  the  bill  by  striking  out  section 
216  and  inserting  in  place  thereof  the 
following: 

216  Veterans'  Home  Appropriation.  Amend 
P-M   05,04^,01  as  inserted  by  seotion  1  of 
this  act  by  striking  out  lines  6-13  and 
inserting  in  place  thereof  the  following, 
and  adjust  all  totals  as  necessary: 

FY  1982   FY  1983 

Personnel  services  760,138  918,710 
Operating  expenses  79,716  87,058 
Other  expenses  13,933  14,769 


Estimated  source  of  funds  for 
Veterans'   home  professional  care 


00   Federal   funds 
09  Other  agency 
income 


339,832       380,000 
312,661       467,388 


Total 


853,787    1,020,537 


217  Appropriation;    Aeronautics 
Commission.      In   addition   to   all   other   funds 
appropriated   to   the  aeronautics  commission, 
PAU  04,01,01,    the  sum  of  $62,000   is  hereby 
appropriated   to  the  aeronautics  commission 
for   fiscal  year   1983.      The  governor   is 
authorized   to   draw  his  warrant   for  said  sum 
out  of  any  money   in   the   treasury  not 
otherwise  appropriated. 

218  Non-Lapsing  Funds;    Liquor 
Commission.      Notwithstanding  any  other 
provision  of  law,    the   following 
appropriations    in   fiscal  year   1982  shall   not 
lapse  until  June  30,    1983: 

I.  In  PAU  02,13,02    (Data 
Processing),    the  amount  of  $31,000   to  be 
used   for  system  implementation; 

II.  In  PAU  02,13,03    (Accounts), 
the  amount   of  $2,800  to  be  used   for  system 
implementation;   and 

III.  In  PAU  02,13,04 
(Merchandising  and  Warehousing),    the  amount 
of  $31,000  to  be  used   for  relocations  of 
stores. 

219  Fish  Hatcheries.     Notwithstanding 
any  other  provision  of  law,    the  executive 
director  of  the  department  of  fish  and  game 
shall  close  and   dispose  of  the   following  4 
state-owned   fish  hatcheries:     Richmond 
Rearing  Station,   Richmond  -   124-1/2  acres, 
more   or   less;    Summer  Brook  Rearing  Station, 
Ossipee  -   161   acres,    more  or  less;    Colebrook 
Hatchery,    Colebrook  -  8-1/2  acres,   more  or 
less;   and  Warren  Hatchery,   Warren  -   134 
acres,    more  or  less.      Provided,    further, 
that  such  properties  shall  be  disposed  of  as 
soon  as   is  practicable,    that   sales  of  real 
property  disposed  of  under  this  section 
shall  be  at  not   less   than  a  current 
appraised   value  as  determined   by  the 
executive  director,    that  such  sales  be 
approved   first   by  the  office  space  study 
committee   and    then   by   the   governor  and 
council,    and   that  all  proceeds  from  the  sale 
of  such  properties  shall  be  placed   in  a 
restricted   fund  which  shall   first   be  used 
for   the   acquisition,    improvement,    and 
operation  of  the  Berlin  federal  fish 
hatchery.     Any  excess   shall  be  utilized  for 
the  enhancement   of  fishery  production 
including  capital   improvements  necessary  at 
remaining  state-owned   rearing  and  hatchery 
locations.      Any   excess   remaining  shall  be 
utilized   solely   to   increase   fishery 
production.      Such   sums  are   hereby 
appropriated    from  the   restricted   fund 
created   Isy  this  section   for  those  purposes. 

220  Forensic  Unit;    Application    for 
Exemption.     The  division  of  mental  health 
and  developmental  services  may  apply  to  the 
fiscal  committee  of  the  general  court   for  an 
exemption   from  the  provisions  of  198I, 
568:102  and   161   for  the   forensic  unit  of  New 
Hampshire  hospital.      If  the  exemption   is 
approved,    the  governor   is  authorized  to  draw 
his  warrants   out  of  any  money   in   the 
treasury  not  otherwise  appropriated. 


HOUSE  JOURNAL  24JUN82 


841 


221  Fees  Reduced.      All    liquor   fees 
increased   in  1981,    568:156  are  hereby 
reduced   by  50  percent  of  the  amount   they 
were   increased   in  that  act.     The  director  of 
legislative  services   is  hereby  authorized   to 
make  such  changes  as  are  necessary  in  the 
Revised  Statutes  Annotated    to   accomplish 
such   reduction. 

222  Sale  of  Real  Estate   at   Current 
Appraised  Value.      Amend  RSA  H:kO   by   striking 
out  said  section  and   inserting  in  place 
thereof  the   following: 

4:40     Disposal  of  Real  Estate.     Upon 
recommendation   of  the   head   of  any   state 
department   having   Jurisdiction   over   the   same 
and   with   the   approval  of  the   office   space 
study  committee,    the  governor  and   council 
may  sell,    convey,    transfer,    or  lease  any 
real  property  owned  by  the   state.     Sales  of 
real  property  under  this  section  shall  be  at 
not   less    than   a   current   appraised   value   of 
the  subject  property  as  may  be  determined   by 
the  governor  and  council.     The   funds 
accruing  from  such  disposal  shall  revert   to 
the  credit  of  such  department.     This  section 
shall  not  apply  to  sale  of  institutional 
lands  as  provided  by  RSA   10:4,    nor  to   real 
estate  given  or  bequeathed   to   the  state 
under  provisions  of  trust,    nor  to  state 
lands  or  products   thereof  required   to  be 
held  to  procure  a  continuance  of  federal 
conservation  work, 

223  Effective  Date. 

I.  Sections  68  and  91   of  this  act 
shall  take  effect  July   1,    1981. 

II.  Sections  65,    66,    and  67  of 
this  act  shall  take  effect  September  1,    1981. 

III.  Section  207  of  this  act  shall 
take  effect  February   1,    1982. 

IV.  Sections  29,   70,    110,    174-179 
and  221   of  this  act  shall   take  effect 

July   1,    1982. 

V.  Section  93  of  this  act  shall 
take  effect  July   1,    1982,    and  shall  apply  to 
quarterly  installments  due  and  payable  after 
July   1,    1982. 

VI.  Sections  71-86  and  90  of  this 
act  shall  take  effect  December  31,    1982. 

VII.  The   remainder  of  this  act 
shall  take  effect  upon   its   passage. 

Senate  Conferees 

Sens.   Monier,    Bergeron  and  Sanborn 

House  Conferees 

Reps.   Tucker,    Kidder,    LaMott,    Margaret 
Ramsay  and  Scranton. 

Rep.  Kidder  explained   the   report  and 
yielded   to   questions. 

Reps.    Chambers  and  Daniell  spoke  against 
the   report. 

Rep.  David  Campbell  spoke  against   the 
report  and  yielded   fee  questions. 

Rep.   French  spoke  in  favor  of  the   report. 

Rep.   LaMott  moved  the   previous 
question.     Sufficiently  seconded.     Adopted. 

Rep.   Chambers   requested  a  roll  call. 
Sufficiently   seconded. 

(Speaker  presiding) 

YEAS     177  NAYS     96 

YEAS     177 

BELKNAP:   Birch,  Bowler,  French,  Earle 
Hardy,  Holbrook,  Lamprey,  Pearson,  Rich, 
Sanders,  David  Whittemore  and  Zeckhausen. 


CARROLL:   Chase,  Dickinson,  Heath,  Howard, 
Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:   Baybutt,  Crane,  Robert  Galloway, 
Gordon,  Johnson,  Miller,  Perry,  Margaret 
Ramsay,  Scranton  and  Jean  White. 

COOS:   Brungot,  Bums,  Chappell,  Chardon, 
Lawrence  Guay,  Horton,  Langley,  George 
Lemire,  Oleson  and  Wiswell. 

GRAFTON:   Armstrong,  Buckraan,  Christy, 
Driscoll,  LaMott,  Logan,  Look,  Mann, 
Pepitone,  Rounds,  Snell,  Taffe  and  Ward. 

HILLSBOROUGH:   Richard  Ahern,  Ahrens, 
Ainley,  Araidon,  Brack,  Bridgewater, 
Carragher,  Carswell,  Charpentier,  Craig, 
DeForte,  William  Dion,  Clyde  Eaton,  Joseph 
Eaton,  Ford,  Richard  Galway,  Granger,  Sal 
Grasso,  Head,  Heald,  Howard  Humphrey,  Thomas 
Hynes,  Kizala,  Knight,  Lawrence,  Howard 
Mason,  Messier,  Milton  Meyers,  Norman 
Packard,  Aime  Paradis,  Pariseau,  Peters,  G. 
Philip  Rodgers,  William  Russell,  Sallada, 
Silva,  Leonard  Smith,  Steiner,  Stone,  James 
Sullivan,  Turgeon,  Van  Loan,  Watson,  Emma 
Wheeler,  Kenneth  Wheeler  and  James  J.  White. 

MERRIMACK:   Bellerose,  Bibbo,  Laurent 
Boucher,  Bowes,  John  Gate,  Dean,  Holmes, 
James  Humphrey,  Kidder,  Lewis,  Locke, 
Nichols,  David  Packard,  Doris  Riley,  William 
Roberts,  Stark,  Stio,  Underwood,  Ashton 
Welch,  Wiviott  and  Zimmerman. 

ROCKINGHAM:   Benton,  Blaisdell,  William 
Boucher,  Burdick,  Butler,  Marilyn  Campbell, 
Carpenito,  Connors,  Cote,  Day,  Ellyson, 
Espinola,  Felch,  Flanagan,  Flanders,  Beverly 
Gage,  Thomas  Gage,  Kenneth  Gould,  Gretsch, 
Hoar,  Hollingworth,  Kane,  Kelley,  Roger 
King,  Lockhart,  Lovejoy,  Mace,  Robert  Mason, 
Nevins,  Newell,  Parr,  Pevear,  Quimby, 
Romoli,  Scamman,  Schmidtchen,  Schwaner, 
Skinner,  Stimmell,  Sytek ,  Tavitian, 
Vartanian,  John  Walker,  Wolfsen,  Raymond 
Wood  and  Woodman. 

STRAFFORD:   Appleby,  Bickford,  Brown, 
Kincaid,  Meader  and  Whitehead. 

SULLIVAN:   Cutting,  Gordon  Flint,  Leonard 
Gray,  Ingram,  Palmer,  Quinlan,  Spaulding  and 
Townsend. 

NAYS  96 

BELKNAP:      Gary  Dionne   and  Randall. 

CARROLL:      Allen. 

CHESHIRE:     Barber,    Daniel  Eaton,   Eisengrein, 
Mafeeofl  and  Prootop. 

COOS:     Beau  lac,   Brideau,   Richard  Demers, 
Mayhew,   Theriault,   Valliere  and  York. 

GRAFTON:      Nelson  Chamberlin,    Chambers, 
Copenhaver,    Crory,   Michael  King  and  Seely. 

HILLSBOROUGH:      Debora  Ahern,    Baker,    Bosse, 
Burkush,    Cronin,    Donovan,    Gagnon,    Hall, 
Healy,    Hendrick,   Horan,   Kaklamanos, 
Katsiaficas,    Labombarde,   Leclerc,   Levesque, 
Madigan,   McGlynn,   Nardi,    Naro,   Nemzoff, 


842 


HOUSE  JOURNAL  24JUN82 


Pastor,  Peter  Ramsey,  Robie,  B.  P.  Smith, 
Soucy,  Mary  Sullivan,  Vachon,  Vergas, 
Wallace,  Ware,  Bern  ice  Welch,  Robert 
Wheeler,  Winn  and  Zajdel. 

MERRIMACK:   Daniell,  Degnan,  James  O'Neill, 
Parker,  Savaria,  Gerald  Smith,  Lavfrence 
Sullivan,  Trachy  and  James  Whittemore. 

ROCKINGHAM:   Blake,  Blanchette,  John  Hynes, 
Kozacka,  LoFranco,  Joseph  MacDonald, 
Pantelakos,  Read,  Myrtle  Rogers,  Splaine, 
Warburton  and  Wojnowski. 

STRAFFORD:   Belhumeur,  Bernard,  Blouin, 
Bouchard,  Chagnon,  -James  Demers,  Teresa 
DeNafio,  Albert  Dionne,  Donnelly,  Drew, 
Gauvin,  Maglaras,  Mooradian,  Pageotte  and 
Schreiber. 

SULLIVAN:  Brodeur,  David  Campbell,  Forrest 
and  LeBrun,  and  the  Committee  of  Conference 
report  was  adopted. 

Reps.  Downing  and  Kashulines  notified 
the  Clerk  that  they  wished  to  be  recorded  in 
favor  of  the  Committee  of  Conference  report 
on  SB  23. 

Rep.  Ashton  Welch  notified  the  Clerk 
that  he  wished  to  be  recorded  against  the 
lack  of  a  pay  raise  for  State  Employees  in 
the  Committee  of  Conference  report  on  SB  23. 

COMMITTEE  OF  CONFERENCE  REPORT  ON  HB  40 

HE  40,  relative  to  the  sheltered  care 
facilities  certain  monthly  allowances  and 
making  an  appropriation  therefor,  and 
relative  to  reducing  the  appropriation  to 
the  Youth  Development  Center. 

Rep.  Rounds  explained  the  report  and 
yielded  to  questions. 

Rep.  Sytek  spoke  in  favor  of  the  report. 

A  roll  call  was  requested.  Sufficiently 
seconded. 

(Speaker  presiding) 

YEAS  228  NAYS  42 

YEAS  228 

BELKNAP:  Birch,  Bowler,  French,  Earle 
Hardy,  Holbrook,  Lamprey,  Pearson,  Randall, 
Rich  and  Zeckhausen. 


Craig,  Cronin,  William  Dion,  Donovan,  Clyde 
Eaton,  Joseph  Eaton,  Ford,  Gagnon,  Richard 
Galway,  Granger,  Sal  Grasso,  Head,  Heald, 
Healy,  Howard  Humphrey,  Thomas  Hynes, 
Kizala,  Knight,  Labombard,  Lawrence, 
Levesque,  Madigan,  Howard  Mason,  Messier, 
Milton  Meyers,  Nardi,  Nemzoff,  Norman 
Packard,  Aime  Paradis,  Pariseau,  Peters, 
Peter  Ramsey,  Robie,  G.  Philip  Rodgers, 
William  Russell,  Sallada,  Silva,  B.  P. 
Smith,  Leonard  Smith,  Soucy,  Steiner,  Stone, 
James  Sullivan,  Mary  Sullivan,  Turgeon,  Van 
Loan,  Vergas,  Wallace,  Ware,  Emma  Wheeler, 
Kenneth  Wheeler,  Robert  Wheeler,  Winn  and 
Zajdel. 

MERRIMACK:  Bellerose,  Bibbo,  Laurent 
Boucher,  Bowes,  John  Cate,  Daniell,  Dean, 
Degnan,  Holmes,  James  Humphrey,  Kidder, 
Lewis,  Locke,  Nichols,  David  Packard, 
Parker,  Doris  Riley,  William  Roberts, 
Savaria,  Gerald  Smith,  Stark,  Stio,  Lawrence 
Sullivan,  Trachy,  Underwood,  Ashton  Welch, 
James  Whittemore,  Wiviott  and  Zimmerman. 

ROCKINGHAM:  Benton,  Blaisdell,  Blake, 
Blanchette,  William  Boucher,  Burdick, 
Butler,  Marilyn  Campbell,  Carpenito, 
Connors,  Cote,  Day,  Espinola,  Felch, 
Flanagan,  Flanders,  Beverly  Gage,  Thomas 
Gage,  Kenneth  Gould,  Gretsch,  Hoar, 
Hollingworth,  John  Hynes,  Kane,  Kelley, 
Roger  King,  Kozacka,  Lockhart,  Lovejoy, 
Joseph  MacDonald,  Mace,  Robert  Mason, 
Nevins,  Newell,  Parr,  Pevear,  Quimby, 
Romoli,  Scamman,  Schmidtchen,  Schwaner, 
Skinner,  Stimmell,  Sytek,  Tavitian, 
Vartanian,  John  Walker,  Warburton,  Wolfsen, 
Raymond  Wood  and  Woodman. 

STRAFFORD:   Appleby,  Belhumeur,  Bernard, 
Bickford,  Blouin,  Bouchard,  Brown,  James 
Demers,  Teresa  DeNafio,  Donnelly,  Drew, 
Gauvin,  Kincaid,  Maglaras,  Meader, 
Mooradian,  Pageotte  and  Whitehead. 

SULLIVAN:   Brodeur,  Cutting,  Forrest, 
Leonard  Gray,  Ingram,  Palmer,  Quinlan, 
Spaulding  and  Townsend. 

NAYS  42 

BELKNAP:   Gary  Dionne,  Sanders  and  David 
Whittemore. 


CARROLL:  Allen,  Chase,  Dickinson,  Heath, 
Howard,  Kenneth  MacDonald  and  Kenneth  Smith. 

CHESHIRE:   Baybutt,  Crane,  Daniel  Eaton, 
Eisengrein,  Robert  Galloway,  Gordon,  Matson, 
Miller,  Margaret  Ramsay,  Scranton  and  Jean 
White. 

COOS:  Beaulac,  Brideau,  Brungot,  Bums, 
Chappell,  Chardon,  Richard  Demers,  Lawrence 
Guay,  Horton,  Langley,  George  Lemire, 
Oleson,  ValHere,  Wiswell  and  York. 

GRAFTON:   Armstrong,  Buckman,  Nelson 
Charaberlin,  Chambers,  Christy,  Driscoll, 
Logan,  Look,  Mann,  Rounds,  Snell,  Taffe  and 
Ward. 

HILLSBOROUGH:  Debora  Ahem,  Richard  Ahern, 
Ahrens,  Ainley,  Amidon,  Brack,  Bridgewater, 
Burkush,  Carragher,  Carswell,  Charpentier, 


CARROLL :   None . 

CHESHIRE:   Barber,  Perry  and  Proctor. 

COOS:   Mayhew  and  Theriault. 

GRAFTON:   Copenhaver,  Crory,  Michael  King, 
Pepitone  and  Seely. 

HILLSBOROUGH:   Baker,  DeForte,  Hall, 
Hendrick,  Horan,  Kaklamanos,  Katsiaficas, 
Leclerc,  McGlynn,  Naro,  Pastor,  Vachon, 
Watson,  Bernice  Welch  and  James  J.  White. 

MERRIMACK:   James  O'Neill. 

ROCKINGHAM:  Ellyson,  LoFranco,  Pantelakos, 
Read,  Myrtle  Rogers,  Splaine  and  Wojnowski. 

STRAFFORD:   Chagnon,  Albert  Dionne  and 
Schreiber. 


HOUSE  JOURNAL  16SEP82 


843 


JLLIVAN:   David  Campbell,  Gordon  Flint  and 
,eBrun,  and  the  Committee  of  Conference 
report  was  adopted. 

Rep.  French  moved  that  the  House  now 
adjourn  from  the  early  session,  that  the 
business  of  the  late  session  be  in  order  at 
the  present  time,  that  the  reading  of  bills 
be  by  title  only  and  resolutions  by  caption 
only  and  that  all  bills  ordered  to  third 
reading  be  read  a  third  time  by  this 
resolution,  and  that  all  titles  of  bills  be 
the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  and  when  the  House 
adjourn  today  it  be  to  meet  at  the  call  of 
the  Chair. 

Adopted. 

Rep.  French  moved  that  the  House  stand 
in  recess  for  the  purpose  of  Introduction  of 
Bills  and  Enrolling  Reports  and  Amendments 
only. 

Adopted. 

The  House  recessed  at  5:55  p.m. 

RECESS 
(Speaker  in  the  Chair) 

ENROLLED  BILLS  REPORT 

SB  23,  relative  to  amending  the 
operating  budget. 

Rep.  Nancy  Bay butt 
Sen.  Laurier  Lamontagne 
For  the  Committee. 


(Rep. 


RECESS 
French  in  the  Chair) 


ENROLLED  BILL  AMENDMENT 

HB  40-FN,  relative  to  sheltered  care 
facilities  and  certain  monthly  allowances 
and  making  an  appropriation  therefor, 
relative  to  reducing  the  appropriation  to 
the  youth  development  center,  and  relative 
to  beano. 

Amendment 

Amend  section  2  of  the  bill  by  striking 
out  line  one  and  inserting  in  place  thereof 
the  following: 

2  Sheltered  Care  Facilities  Exempted. 
Amend  RSA  151:'t,  I  (supp)  as  amended  by 

This  amendment  corrects  an  RSA  citation. 

Adopted. 

ENROLLED  BILLS  REPORT 

SB  25,  relative  to  apportioning  the  New 
Hampshire  senate. 

HB  40,  relative  to  sheltered  care 
facilities  and  certain  monthly  allowances 
and  making  an  appropriation  therefor, 
relative  to  reducing  the  appropriation  to 
the  youth  development  center,  and  relative 
to  beano. 

Rep.  Nancy  Baybutt 
Sen.  Laurier  Lamontagne 
For  the  Committee. 

RECESS 
(Speaker  in  the  Chair) 

Rep.  Townsend  moved  that  the  House 
adjourn. 

Adopted . 


844 


HOUSE 
JOURNAL  13 

Thursday  16Sep82 


The  House  assembled  at  10:00  a.m.   and 
vras  called  to  order  by  the  Speaker. 

Prayer  was  offered   by   the  House 
Chaplain,    Rev.   William  L.    Quirk. 

Let  us  Pray: 

Almighty  Father,  creator  of  all  things, 
look  on  us  this  day  as  we  try  to  dedicate 
ourselves  to  a  labor  of  love  for  the  service 
of  Your  people. 

We  admit  that  by  our  own  strength  we  can 
do  little,  but  we  can  accomplish  all  with 
Your  help.  We  are  confident  that  You  will 
watch  over  us  in  our  efforts  this  day  and 
take  comfort  in  Your  presence  with  us. 

Our  Father  in  heaven,  may  Your  grace 
strengthen  us  to  work  with  order  and 
patience,  thankfulness  and  You.  Amen. 

LEAVES  OF  ABSENCE 

Reps.  Pevear,  Leclerc,  Palmer,  Wallace 
and  Abrams,  the  day,  illness. 

Reps.  Warburton,  Gauvin,  James  Demers, 
M.  Arnold  Wight,  Ward,  Newell,  Stylianos, 
Blake,  Dickinson,  Rand,  Peters,  Grasso, 
Morse,  Phyllis  DeNafio,  Steiner,  Brack, 
Thomas  Hynes,  Norman  Myers,  Tufts  and 
Daniell,  the  day,  important  business. 

INTRODUCTION  OF  GUESTS 

Susan  Bibber,  Miss  Teen  New  Hampshire 
from  Dover,  guest  of  the  House;  Mr.  and  Mrs. 
Edward  Ferrari  and  Lois  Demers,  friends  and 
wife  of  Rep.  Richard  Demers;  Ellen  Robinson, 
guest  of  Rep.  Hendrick;  Linda  Peters,  guest 
of  Rep.  Espinola;  Mr.  and  Mrs.  Bernard 
Lynde,  parents  of  Rep.  Lynde;  Carroll 
Preston,  guest  of  Rep.  Spirou;  Chris  Spath 
and  Jack  Gannon,  guests  of  Rep.  Teresa 
DeNafio;  Henry  Whitcomb,  guest  of  Rep. 
Armstrong;  Paul  Thurlow,  guest  of  Rep.  Parr. 

SUSPENSION  OF  RULES 

Reps.  French  and  Spirou  moved  that  the 
rules  be  so  far  suspended  as  to  permit 
introdaetion  and  cons idera titan  at  the 
present  time  of  HE  46,  relative  to  fiscal 
year  I983  block  grants,  and  HE  47,  making  an 
appropriation  to  pay  the  claim  of  Sarah  L. 
Tirrell. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORTS 


HB  46,  relative  to  fiscal  year 
block  grants.  Ought  to  Pass. 


1983 


The  Committee  unanimously  approved  the 
recommendation  of  the  Department  of 
Health  and  Welfare  and  the  Division  of 
Human  Resources  for  the  allocation  of 
funds  for  the  Federal  Block  Grants  which 
include  preventive  health  and  health 
services,  alcohol  and  drug  abuse  and 
mental  health  services,  social  services, 
the  maternal  and  child  health  services, 
low  income  energy  assistance  and 
community  service.   Rep.  William  F. 
Kidder  for  Appropriations. 

Rep.  Kidder  explained  the  committee 
report . 

Reps.  Nardi  and  Spirou  spoke  in  favor  of 
the  report. 

Ordered  to  third  reading. 

HB  47,  making  an  appropriation  to  pay 
the  claim  of  Sarah  L.  Terrill. 

The  Board  of  Claims,  after  hearing  the 
claim  of  Sarah  L.  Terrill  for  damages 
suffered  while  working  at  the  New 
Hampshire  Hospital,  awarded  the  sum  of 
$50,000.  The  award  also  has  been 
summarily  affirmed  by  the  State  Supreme 
Court.  RSA  541-B  directs  the  Fiscal 
Committee  to  introduce  a  bill  in  the 
Legislature  to  satisfy  the  award.   That 
Committee  also  recommends  the  award  in 
the  amount  recommended  by  the  Board  of 
Claims.   Rep.  William  F.  Kidder  for 
Fiscal  Committee. 

Rep.  Kidder  moved  that  HB  47  be  ordered 
to  third  reading  and  spoke  to  his  motion. 

Rep.  Benton  spoke  in  favor  of  the  motion. 

Adopted. 

Ordered  to  third  reading. 

SUSPENSION  OF  RULES 

Reps.  French  and  Spirou  moved  that  the 
rules  be  so  far  suspended  as  to  allow  HB  46, 
relative  to  fiscal  year  I983  block  grants 
and  HB  47,  making  an  appropriation  to  pay 
the  claim  of  Sarah  L.  Terrill,  be  read  a 
third  time  and  passed  at  the  present  time. 

Adopted  by  the  necessary  two-thirds. 

Third  reading  and  final  passage 

HB  46,  relative  to  fiscal  year  1983 
block  grants. 

HB  47,  making  an  appropriation  to  pay 
the  claim  of  Sarah  L.  Tirrell. 

VETO  MESSAGE  ON  HB  45 

To  the  Honorable  Members  of  the  General  Court 

Puratjant  to  Part  2,  Article  44  of  the 
New  Hampshire  Constitution,  I  return  House 
Bill  45  with  my  objections  thereto  noted. 

Sections  1  through  9  of  this  legislation 
contain  provisions  which  would  establish  new 
ward  lines  for  the  City  of  Portsmouth  and 
provide  for  the  manner  in  which 
representatives  to  the  General  Court  and 
State  Party  Convention  Delegates  are  to  be 
allocated.  These  sections  of  the  bill  have 
the  strong  support  of  the  Portsmouth 
delegation,  and  I  would  be  disposed  towards 


HOUSE  JOURNAL  16SEP82 


845 


signing  the  bill  if  it  were  comprised  only 
of  these  sections. 

However,  as  members  of  the  General  Court 
are  well  aware,  the  balance  of  House  Bill  U5 
contains  provisions  which  are  virtually 
identical  to  legislation  I  have  previously 
vetoed  relative  to  the  cities  of  Manchester, 
Dover,  Concord,  Nashua,  and  Keene.  The 
reasons  I  cited  in  my  veto  messages  on 
legislation  governing  each  of  those  five 
cities  are  no  less  compelling  today  than 
they  were  on  the  days  during  which  they  were 
vetoed. 

Further,  because  the  apportionment  plan 
for  all  cities  has  been  signed  into  law  and 
will  be  in  effect  for  the  upcoming  election, 
there  is  no  urgent  need  to  enact  a  plan  to 
amend  this  plan  until  sometime  during  the 
next  regular  session. 

I  hope  you  will  concur  with  objections 
and  sustain  this  veto. 

Sincerely, 

Hugh  J.   Gallen,    Governor 

Question  being  notwithstanding  the 
Governor's  veto,    shall  HB  45   pass. 

Reps.    Chase   and   Normand  Packard   spoke   in 
favor  of  the   bill  and  yielded  to  questions. 

Reps.   Joseph  MacDonald,    Krasker,    Cotton, 
Spirou  and  McGlynn   spoke  against    the   bill. 

Reps.    Carragher,   Sytek,   Baybutt  and 
Randall  spoke  in  favor  of  the   bill. 

Reps.   Barber,    Nardi  and  Kaklamanos   spoke 
against   the  bill  and  yielded   to  questions. 

A  roll  call  was  taken  as  required   by   the 
Constitution. 

(Speaker  presiding) 

Yeas     181     Nays     99 

Yeas     181 

BELKNAP:   Birch,  Bowler,  French,  Earle 
Hardy,  Holbrook,  Lamprey,  Pearson,  Randall, 
Rich,  Rollins,  Sanders,  David  Whittemore  and 
Zeckhausen. 

CARROLL:   Allen,  Barringer,  Chase,  Heath, 
Howard,  Keller  and  Kenneth  MacDonald. 

CHESHIRE:   Baybutt,  Crane,  Jesse  Davis, 
Robert  Galloway,  Gordon,  Lane,  Moore,  Perry 
and  Jean  White. 

COOS:  Brungot,  Burns,  Chardon,  Horton  and 
Wiswell. 

GRAFTON:  Buckman,  Christy,  Driscoll,  Myrl 
Eaton,  Hammond,  LaMott,  Logan,  Look,  Mann, 
Mansfield,  Pepitone,  Rounds,  Seely,  Snell, 
Taffe,  Glyneta  Thomson  and  Walter. 

HILLSBOROUGH:   Richard  Ahern,  Ahrens, 
Ainley,  Boisvert,  Bosse,  Bridgewater, 
Carpenter,  Carragher,  Carswell,  Cronin, 
Dolbec,  Duffett,  Clyde  Eaton,  Joseph  Eaton, 
Ford,  Richard  Galway,  Granger,  Head,  Heald, 
Healy,  Howard  Humphrey,  Thomas  Hynes,  Keefe, 
Knight,  Labombarde,  Lawrence,  Martineau, 
Howard  Mason,  Mazur,  Messier,  Milton  Meyers, 
Murray,  Norman  Packard,  Aime  Paradis, 
Pariseau,  G.  Philip  Rodgers,  William 
Russell,  Sallada,  Silva,  B.  P.  Smith, 
Leonard  Smith,  James  Sullivan,  Mary 
Sullivan,  Tamposi,  Van  Loan,  Ware,  Watson, 
Kenneth  Wheeler  and  Zajdel. 


MERRIMACK:   Bellerose,  Bibbo,  Laurent 
Boucher,  Bowes,  John  Gate,  Milton  Cate, 
Dean,  Hanus,  Holmes,  James  Humphrey,  Kidder, 
Lewis,  Locke,  Nichols,  David  Packard,  Paire, 
Doris  Riley,  Margaret  Roberts,  William 
Roberts,  Savaria,  Stark,  Stio,  Stockman, 
Lawrence  Sullivan,  Ashton  Welch,  James 
Whittemore  and  Wiviott. 

ROCKINGHAM:   Benton,  William  Boucher, 
Butler,  Marilyn  Campbell,  Cote,  Day, 
Ellyson,  Felch,  Flanagan,  Flanders,  Beverly 
Gage,  Thomas  Gage,  Kenneth  Gould,  Gretsch, 
Kane,  Kelley,  Roger  King,  Lockhart,  Mace, 
Robert  Mason,  Nevins,  Osborn,  Parr,  Quimby, 
Myrtle  Rogers,  Romoli,  Scamman,  Schmidtchen, 
Schwaner,  Skinner,  Stimmell,  Sytek, 
Tavitian,  Vartanian,  Wolf sen  and  Raymond 
Wood. 

STRAFFORD:   Appleby,  Bickford,  Brown,  James 
Chamberlin,  Donnelly,  Drew,  Anita  Flynn, 
Meader,  Sackett,  Franklin  Torr,  Ralph  Torr 
and  Whitehead. 

SULLIVAN:   Cutting,  Gordon  Flint,  Leonard 
Gray,  Quinlan,  Spaulding  and  Townsend. 

NAYS  99 

BELKNAP:   Bolduc  and  Gary  Dionne. 

CARROLL:  None. 

CHESHIRE:  Barber,  Daniel  Eaton,  Eisengrein, 
Hickey,  Lynch,  Matson,  Proctor,  Margaret 
Ramsay,  William  Riley,  Rouillard  and 
Scranton. 

COOS:  Brideau,  Richard  Demers,  Langley, 
George  Leraire,  Oleson,  Theriault,  Valliere 
and  York . 

GRAFTON:  Armstrong,  Nelson  Chamberlin, 
Chambers,  Copenhaver,  Crory,  Michael  King 
and  Lynde. 

HILLSBOROUGH:   Debora  Ahern,  Ahlgren, 
Amidon,  Baker,  Burkush,  William  Dion, 
Donovan,  Gagnon,  Gelinas,  Hall,  Hendrick, 
Horan,  Kaklamanos,  Katsiaficas,  Lefebvre, 
Levesque,  McGlynn,  Nardi,  Chris 
Papadopoulos,  Pastor,  Plomaritis,  Robie, 
Roy,  Soucy,  Spirou,  Stone,  Turgeon,  Vachon, 
Emma  Wheeler,  Robert  Wheeler,  James  J.  White 
and  Winn. 

MERRIMACK:  Degnan,  Rayno,  Gerald  Smith, 
Mary  Jane  Wallner  and  Waters. 

ROCKINGHAM:   Appel,  Blaisdell,  Blanchette, 
Burdick,  Connors,  Cotton,  Espinola,  Greene, 
Hoar,  Hollingworth,  Kozacka,  Krasker, 
Leslie,  LoFrsmeo,  Joseph  MacDonald, 
Pantelakos,  Read,  Splaine  and  Wojnowski. 

STRAFFORD:   Belhumeur,  Bernard,  Blouin, 
Bouchard,  Chagnon,  Teresa  DeNafio,  Albert 
Dionne,  Kincaid,  Schreiber. 

SULLIVAN:   Brodeur,  D'Amante,  Forrest,  Sim 
Gray,  Ingram  and  LeBrun,  and  the  bill  failed 
lacking  the  constitutional  requirement  of 
two-thirds. 


846 


HOUSE  JOURNAL  16SEP82 


UNANIMOUS  CONSENT 

Rep.  Spirou  addressed  the  House  by 
unanimous  consent. 

Thank  you  Mr.  Speaker. 

As  the  leader  of  the  Minority  party,  I 
do  wish  to  extend  my  congratulations  and 
best  wishes  to  those  who  have  served  with 
us.   I  remembered  yesterday  that  it  was  12 
years  ago  that  I  started  my  political  career 
in  this  legislature  and  12  years  is  a  long 
time.  I  know  many  of  you  have  served,  many 
have  served  only  one  term  and  are  leaving. 
Go  with  my  best  wishes  and  please  stay  in 
public  life. 

It's  been  a  tough  session  for  all  of  us, 
many  of  you  are  leaving  disgruntled,  many  of 
you  are  leaving  disappointed  at  the 
leadership,  others  are  disappointed  at 
government,  others  are  disappointed  at 
circumstances  that  made  us  bitter  at  times 
in  this  legislature.  But  I  think  all  of  us 
collectively  can  be  proud  that  we  have 
served  in  the  best  tradition  of  the  New 
Hampshire  political  system. 

I'm  proud  of  everyone  that  I  have  served 
with.  Democrats  or  Republicans.  We've  had 
our  differences,  but  I  don't  believe  that 
there  is  a  person  in  this  chamber  that  can 
say  that  we've  ever  personalized  an  issue; 
that  we've  not  been  able  to  have  a  drink 
afterwards,  that  we  have  not  been  able  to 
discuss  the  issues  at  hand  or  the  position 
that  MS  have  taken. 

I  hope  that  for  whatever  reason  any  of 
you  are  not  coming  back  that  you  do  not 
leave  government  altogether.  Government 
needs  people  and  particularly  people  who 
give  of  themselves  as  we  have  to  in  the  New 
Hampshire  Legislature. 

And  Mr.  Speaker,  before  I  finish  I  want 
to  thank  the  Majority  leadership  for  the 
cooperation  that  they  have  given  us,  I  want 
to  thank  the  Democratic  leadership  for  the 
support  they  have  given  me,  and  to  the  other 
Democrats  and  Republicans  in  the  House  for 
the  friendship  and  support  that  they  have 
extended  to  us,  the  Minority  party,  in  this 
past  session  of  the  legislature. 

And,  above  all,  I  want  both  Democrats 
and  Republicans  to  recognize  the  service  and 
the  job  that  the  presiding  officer  has  done 
in  the  last  session  of  the  legislature,  a 
most  difficult  one.  An  honorable  man  and  a 
person  who  has  tried  under  difficult 
circumstances  to  provide  us  with  all  of  the 
things  that  we  need  as  minority  party  or 
majority  party,  as  individuals.  Republicans, 
Democrats,  mad,  angry:  The  Speaker  of  the 
House.  Please  join  me  in  giving  him  a  big 
hand  for  a  job  well  done. 

SUSPENSION  OF  RULES 

Rep.  Townsend  moved  that  the  rules  be  so 
far  suspended  as  to  permit  introduction  and 
consideration  at  the  present  time  of  SB  28, 
legalizing  certain  Grantham  school  district 
meetings,  and  spoke  to  her  motion. 

Reps.  Chambers  and  French  spoke  in  favor 
of  the  motion. 

Adopted  by  the  necessary  two-thirds. 


INTRODUCTION  OF  SENATE  BILL 
First  and  second  reading 

SB  28,  legalizing  certain  Grantham 
school  district  meetings,  and  spoke  to  her 
motion. 

Rep.  Townsend  moved  that  SB  28  be 
ordered  to  third  reading,  spoke  to  her 
motion  and  yielded  to  questions. 

Adopted. 

Rep.  French  moved  that  the  House  now 
adjourn  from  the  early  session,  that  the 
business  of  the  late  session  be  in  order  at 
the  present  time,  that  the  reading  of  bills 
be  by  title  only  and  resolutions  by  caption 
only  and  that  all  bills  ordered  to  third 
reading  be  read  a  third  time  by  this 
resolution,  and  that  all  titles  of  bills  be 
the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  and  when  the  House 
adjourn  it  adjourn  sine  die. 

Adopted. 

LATE  SESSION 
Third  reading  and  final  passage. 

SB  28,  legalizing  certain  Grantham 
school  district  meetings. 

UNANIMOUS  CONSENT 
Rep.  Ingram  addressed  the  House  by 
unanimous  consent. 

SENATE  MESSAGE 
CONCURRENCE 

HB  46,  relative  to  fiscal  year  1983 
block  grants. 

HB  47,  making  an  appropriation  to  pay 
the  claim  of  Sarah  L.  Tirrell. 

Rep.  Baybutt  moved  that  the  House  stand 
in  recess  for  the  purpose  of  Introduction  of 
Bills  and  receiving  Enrolling  Reports  only. 

Adopted. 

The  House  recessed  at  12:15  p.m. 

RECESS 

(Speaker  Pro-Tem  in  the  Chair) 

INTRODUCTION  OF  SENATE  BILL 
First  and  second  reading 

SB  29,  relative  to  the  Hampton  Village 
Precinct. 

ENROLLED  BILLS  REPORT 

HB  46,  relative  to  fiscal  year  1983 
block  grants. 

HB  47,  making  an  appropriation  to  pay 
the  claim  of  Sarah  L.  Tirrell. 

SB  28,  legalizing  certain  Grantham 
school  district  meetings. 

Rep.  Nancy  Baybutt 
Sen.  Laurier  Lamontagne 
For  the  Committee. 

Rep.  Chardon  moved  that  the  House 
adjourn. 

Adopted. 


James  A. 
Clerk 


SPECIAL  SESSION  847 

INTERIM  STUDY  BILLS  AND  APPOINTMENTS 


HB  25,  establishing  a  committee  to  study  health  insurance  for  state 
employees  and  making  an  appropriation  therefor. 

(Superseded  by  Section  173,  Chapter  42,  Laws  of  1982) 

HB  30.  imposing  an  amusement  machine  permit  fee,  and  making  an 
appropriation  therefor. 
House  Ways  and  Means 

HB  34,  relative  to  the  qualifications  of  the  director  of  the  division 
of  mental  health  and  developmental  services. 
House  Health  and  Welfare 

HB  38,  establishing  a  task  force  to  reconsider  certain  unemployment 
compensation  claims  and  making  an  appropriation  therefor. 
House  Labor,  Human  Resources  and  Rehabilitation 

HBI  101,  relating  to  the  creation  of  a  semi  autonomous 
vocational-technical  school  system. 

House  Education  and  Appropriations  (Subcommittee  on  Education) 

SB  17,  relative  to  games  of  chance  conducted  by  charitable 
organizations. 

Senate  Ways  and  Means 

SB  23  (Chapter  42:12,  Laws  of  1982),  study  of  Laconia  State  School 
and  Training  Center,  New  Hampshire  Hospital  and  Glencliff  Home  for  the 
Elderly. 

Fiscal  Committee. 

SB  23  (Chapter  42:13,  Laws  of  1982),  establishing  a  Committee  to 
Study  Relation  of  Office  of  Public  Guardians  to  Division  of  Mental  Health 
and  Developmental  Services. 

2  representatives  appointed  by  the  Speaker 

2  senators  appointed  by  the  President 

2  Probate  Court  Judges  or  their  designees 
Comptroller  or  his  designee 

Director  of  the  Division  of  Mental  Health  and  Developmental  Services 
or  his  designee 

1  member  appointed  by  the  Public  Guardian  Advisory  Council 

SB  23  (Chapter  42:211,  Laws  of  1982),  Special  Committee  on  Revenue 
and  Fund  Balance  Certification.   (Supersedes  Section  167) 

3  senators  appointed  by  the  President 

3  representatives  appointed  by  the  Speaker 

RSA  125:77-h  Low-Level  Radioactive  Waste  Management  Task  Force.   (See  HB 

26 ,  Chapter  30 ) 

Alice  Chamber lin  (designated  by  the  Governor) 

Earl  Sweeney,  Deputy  Commissioner  of  Safety 

Leon  Kenison  (designated  by  Commissioner  of  Public  Works  and  Highways) 

Russell  A.  Nylander  (designated  by  Executive  Director  of  the  Water 
Supply  and  Pollution  Control  Commission) 

John  Lockwood  (designated  by  Chairman  of  the  State  Radiation  Advisory 
Committee) 

Brian  Strohm  (designated  by  Conmissioner  of  Health  and  Welfare) 

Clayton  Heath  (designated  by  Commissioner  of  Resources  and  Economic 
Development) 

Reps.  M.  Arnold  Wight  and  Robert  H.  Eisengrein  (appointed  by  the 
Speaker) 

Sens.  William  Bartlett  and  Vance  Kelly  (appointed  by  the  President 

Ernst  Schori,  Dartmouth  Medical  Center;  Leni  Sitnick,  League  of  Women 
Voters;  Paul  Doscher,  New  England  College  and  Dr.  Robert  Jaros,  Catholic 
Medical  Center  (appointed  by  the  Governor) 


848 


RESIGNATIONS,  DEATHS,  ELECTIONS 


Resigned 

11/21/80  Graf.  9  •Giles  Low,  II,  r 

01/07/81  Rod<.  1)  "Kenneth  M.  Bisbee,  r 

02/09/81  Hills.  18  Roland  H.  LaPlante,  d 

05/01/81  Hills.  26  Peter  P.  Parady,  r 

09/01/81  Straf.  12  James  A.  Burchell,  d 

09/29/81  Belk.  5  Michael  C.  Hanson,  r&d 

11/06/81  Straf.  7  Richard  D.  Morrissette, 

02/24/82  Rock.  18  Lea  H.  Aeschliman,  d 

03/17/82  Belk.  6  Peter  C.  Hildreth,  d&r 

08/11/82  Hills.  14  Juanita  E.  Kashulines,  i 

08/25/82  Hills.  18  Ruth  Nemzoff,  d 


Deceased 
07/05/81 
•09/16/81 
01/07/82 
02/03/82 
04/07/82 

District 
Graf.  9 
Rock.  4 
Hills.  18 
Hills.  26 


Rock.  10  Ralph  E.  Nelson,  r 

Hills.  28  John  F.  Jamrog,  d 

Straf.  1  Victor  J.  Joos,  d 

Straf.  13  Noreen  D.  Wink ley,  d 

Straf.  3  Donald  H.  Smith,  r&d 


Philip  W.  Look,  r 
Glenden  J.  Kelley,  r 
Nancy  M.  Ford,  r 
Raymond  F.  Carpenter, 


Took  Oath 

02/25/81 

03/25/81 

11/17/81 

11/17/81 


•  Elected,  but  not  sworn 

400  State  Representatives 

R  -  185  R/D  -  52        237 

D  -  119  D/R  -  32        151 

Currently  elected  and  qualified:  388 

Vacancies  due  to:  7  resignations  and  5  deaths 


HOUSE  JOURNAL  849 

SUBJECT  INDEX 


This  index  refers  to  bills  and  resolutions  by  number. 
Other  subject  matter  is  indexed  to  page  numbers. 

The  numerical  index  following  this  index  gives  page 
references  for  all  action  on  numbered  bills  and  resolutions. 


Adjutant  general 

governor's  management  review  implementation SB  23am 

supplemental  appropriation HB  10 

SB  14 

for  fuel  and  energy  needs SB  23am 

Administration  and  control 

governor's  management  review  implementation SB  23am 

indigent  defendants  attorneys'  fees,  supplemental 

appropriation SB  23am 

portion  of  appropriation  specified  for  council  of 

state  governments SB  23am 

Administrative  procedures 
rules 

fiscal  impact  statement  required;  prepared  by 

legislative  budget  assistant  SB  23am 

for  good  conduct  credit  for  prisoners  exempt HB  20am 

welfare  division  filing  and  publication  of  rules, 

requirement  suspended SB  23am 

Aeronautics  commission 

governor's  management  review  implementation SB  23am 

grants  to  airport  sponsors,  appropriation 

nontransferable SB  23am 

supplemental  appropriation  SB  23am 

Aeschliman,   Rep.   Lea  H. 

PUC  commissioner 78 

resignation 476 

Aging,  state  council,  governor's  management  review 

implementation  SB  23am 

Agricultural  fairs,  appropriation  SB  23am 

Agricultural  motor  vehicle  registration  HB  21am 

Agriculture  commissioner,  regulation  of  livestock  dealers 

licensing  and  rulemaking  power  increased  HB  17 

to  include  fees  for  shipping  certificates SB  23am 

Air  resources  agency,  governor's  management  review 

implementation  SB  23am 

Alcohol  and  drug  abuse  prevention  and  treatment  program, 

special  fund  from  certain  fines SB  7am 

Alcoholic  beverages 

false  identification,  minimum  fine  SB  7 

licensees  and  permittees,  fines  for  violation  of  rules  .  .  SB  7 
licenses 

and  permits,  fees  reduced SB  23am 

vendor  and  liquor  representative SB  5 

vendor,  company  defined;  effective  date  delayed  .  .  .SB  23am 

retail  sale;  liquor  excise  tax HB  24 

state  stores 

Laconia HB  28 

Raymond,  purchase  of  land  and  building HB  11am 

wine 

retail  and  discount  prices  changed  temporarily.  .  .  .SB  23am 
retail  price  restrictions  repealed;  restaurant 

discounts HB  22 

.  SB  5 

Alton  power  dam,  reconstruction  authorized SB  10am 

SB  23am 

Anusement  machines,  permit  fee HB  30 

Andersen,  Arthur,  suit  against  state,  defendants 

indemnified  as  state  employees SB  23am 

Animals,  cruelty  to,  veterinarians  held  harmless  for 

decisions  and  investigations  HB  17am 


850  HOUSE  JOURNAL 


Appropriations 

capital  improvements,  amendments HB  11 

operating  budget,  amendments  HB  1 

HB  10 

SB  14 

SB  23am 

reductions  not  recomputed  HE  46 

special,  unexpended  portion  to  lapse  after  2  years  .  .  .HB  11am 

transfers  within  a  PAU  without  governor  and  council 

approval HB  1 

Arthur  Andersen  &  Co.  v.  NH  Liquor  Commission,  defendants 

indemnified  as  state  employees  SB  23am 

Arts  commission,  supplemental  appropriation  for  promotion 

of  cultural  resources SB  23am 

Ashland,  town  meeting  legalized SB  20am 

Attorftey  general,  settlement  of  claim  against  office  of 

employment  and  training,  appropriation SB  23am 

Attorneys'  fees,  indigent  defendants 

fund  nonlapsing SB  23am 

supplemental  appropriation SB  23am 

Auctions,  livestock  dealers,  regulation  by  agriculture 

commissioner  strengthened HB  17 

B 

Bank  commission 

governor's  management  review  implementation SB  23am 

list  of  legal  investments  repealed SB  23am 

Bank  taxes 

distribution  based  on  revenue  projections;  portion 

retained  by  state  set  at  1981  levels SB  23am 

interest  on  late  payment  as  set  by  IRS SB  23 

revenue  returned  to  cities  and  towns,  time  of 

distribution  changed SB  23am 

Barbering  and  cosmetology  board 

licensing  of  schools,  curriculum  and  instructors  .  .  .  .  HB  Sam 
rules  to  include  licensing  and  approval  of  schools  and 

instructors SB  23am 

Beano,  definition,  signature  of  winners,  amount  of  prizes, 

temporary  provisions HB  40am 

Belknap  county  attorney,  private  practice  prohibited; 

salary  set  by  county  convention  July  1  of  even 

numbered  years SB  20am 

Berlin 

federal  fish  hatchery,  purchased  from  proceeds  of  sale 

of  4  fish  hatcheries SB  23am 

ward  lines  changed;  representatives  reduced HB  31am 

Beverages,  bottling  plants,  fees  based  on  administrative 

costs SB  23 

Bicycles,  races,  safety  commissioner's  approval;  insurance 

may  be  required HB  21am 

Bills  and  resolutions 

distribution  policy HR  4 

House  committees,  actions  ratified  HR  2 

Block  grants 

1981-1982  setting  aside  prohibited;  no  expenditure  of 

amounts  in  excess  of  estimates  before  legislative 

action HB  1 

1982  date  extended SB  23 

1983 HE  46 

definition  of  state;  departmental  procedures  necessary 

for  acceptance HB  1 

encouraging  public  participation  in  planning  process  .  .  .HCR  1 

supplemental  appropriation HB  42 

Blood  donation  from  prisoners,  good  conduct  credits 

repealed HB  20am 

Boats,  registration,  additional  fee  deposited  in  general 

fund SB  23am 

Bonds,  revenue 

educational  institutions  HB  6 

for  dam  maintenance  fund SB  10am 

regional  refuse  disposal  districts HE  33 

Brungot,  Hilda  F.,  res  on  death HR  14 


SUBJECT  INDEX  851 


Budget 

capital  improvements  appropriation  amendments HB  11 

operating,  amendments HB  1 

HB  10 

SB  lH 

SB  23am 

reductions  not  recomputed  HB  46 

Buses,  permissible  length  increased  SB  20am 

Business  corporations.   See:   Corporations 
Business  profits  tax 

gross  business  profits,  definition  amended  SB  23am 

interest  on  late  payment  as  set  by  IRS SB  23am 

minimum 

applicable  to  $50,000  gross  income,  repealed SB  23am 

constitutionality HR  13 

effect  of  repeal;  state  not  liable  fo"  '^'■erest  .  .  .SB  23am 
joint  ownership  by  husband  and  wife,  single 

liability SB  23am 

repealed HB  18 

revenue  returned  to  cities  and  towns,  time  of 

distribution  changed  SB  23am 

time  of  distribution  change  in  198l|  repealed SB  23ara 

C 

Call  of  the  session 1 

Cancer  commission  funds  transferred  to  catastrophic 

illness  program HB  10 

SB  114 
SB  23am 
Cannon  Mt. 

aerial  tramway  fund  surplus  lapsed  SB  23am 

state  park,  federal  funds  for  snowmaking,  acceptance 

authorized HB  11am 

Capital  budget  overview  committee  approval  required  for 

sale  of  Patch  Cottage  at  Rhododendron  state  park  .HB  11am 
Capital  improvements  appropriations;  unliquidated 

encumbrances  lapsed HB  11am 

Carter  Community  Building  Association,  asset  limitation 

removed HB  19am 

Catastrophic  Illness  program  funds 

extended;  funds  not  expended  for  illness  funded  under 

other  state  programs SB  23am 

nonlapsing;  cancer  commission  funds  transferred  to  .  .    HB  10 

SB  14 
Centralized  data  processing,  governor's  management  review 

implementation  SB  23am 

Certificate  of  need 

health  facilities  licensing,  funds  nonlapsing HB  10 

new  institutional  health  services,  definitions, 

expenditure  requirements  increased  HB  35 

public  health  services,  supplemental  appropriation  .  .  .  .HB  10 
Children 

divorce  proceedings,  parties  indigent,  guardian  ad 
litem,  compensation  based  on  fee  schedule  for 

indigent  defense  counsel SB  23am 

educationally  handicapped 

catastrophic  costs,  state  aid  limited  HB  27am 

in  state  institutions,  liability  for  costs HB  27am 

handicapped,  education 

1980  and  1981  funds  lapsed;  catastrophic  programs 

paid  from  1983  funds SB  23am 

1981  funds,  more  lapsed SB  23am 

special  education  aid,  distribution  date  changed.  .  .SB  23am 

in  need  of  services 

expenses  recoverable  from  town  of  settlement  or 

county SB  12am 

foster  home  placement  prior  to  and  following 

arraignment HB  27am 

neglected,  delinquent,  or  in  need  of  services,  expenses 

recoverable  from  town  of  settlement  or  county.  .  .SB  12am 
support 

attachment  of  unemployment  compensation  HB  41 

wage  assignment,  procedure SB  23am 

Claim  against  NH,  Sarah  L.  Tirrell HB  47 


852  HOUSE  JOURNAL 


Claremont,  Old  Mill  #1,  I981  capital  improvements 

appropriation  increased HB  11am 

Cold  storage  plants,  graduated  license  fees SB  23am 

Community  development,  HUD,  block  grant 

acceptance  rejected HB  1 

for  1983  rejected HB  46 

Community  living 

facilities,  suspension  of  monitoring  and  certification 

repealed SB  23am 

homes,  license  fee  exempted;  public  assistance 

increased HB  40 

Community  service  federal  block  grant 

I98I-I982 HB  1 

1982  date  extended SB  23am 

1983  accepted HB  46 

supplemental  appropriation HB  42 

Commuters  income  tax  repealed HB  18 

Concord  ward  lines  changed,  representatives  reapportioned; 

referendum HB  39 

HB  45am 
Condemnation  proceedings,  PUC  jurisdiction  over  public 

utilities HB  4 

Congressional  districts,  reapportionment SB  3 

Contoocook  Valley  school  district  meeting  validated  .  .  .  .SB  23am 
Contracts,  public  works,  water  resources  board, 

competitive  bidding  exemption  limited SB  4 

Corporations 

business,  transition  provisions HB  19am 

election  of  directors  by  shareholders,  optional 

provisions HB  19 

fees 

deposited  in  general  fund  except  for  administration 

costs SB  23am 

transferred  to  unrestricted  general  fund  prior  to 

certification  date  for  state  employee  pay  raise.  .SB  23am 
Cosmetology  and  barbering  board 

licensing  of  schools,  curriculum,  and  instructors.  .  .  .  HB  8am 
rules  to  include  licensing  and  approval  of  schools  and 

instructors SB  23am 

Council  of  state  governments,  portion  of  administration 

and  control  department  appropriation  specified  .  .SB  23am 
Courts 

facility  improvement  escrow  funds,  investment HB  19 

penalty  assessments,  transfer  of  excess  funds  to  adult 

custodial  facility  HB  1 

Crime  commission  phased  out,  federal  or  state  matching 

funds  administered  by  other  agencies  or  successor 

agency SB  23am 

Criminal  code 

cruelty  to  animals,  veterinarians  held  harmless  for 

decisions  and  investigations  HB  17am 

responsibility,  insanity  defense,  burden  of  proof SB  8 

sentences,  disciplinary  period  added  to  minimum;  good 

conduct  credits HB  20am 

Criminal  defendants,  indigent,  appointed  counsel, 

repayment  not  required  from  parents  of  adult  or 

from  victim SB  23am 

Criminal  offenses,  penalty  assessments,  transfer  of 

excess  funds  to  adult  custodial  facility  HB  1 

Criminal  procedure,  inssinity  defense,  burden  of  proof  ....  SB  8 
Crystal  Lake  dam  (Enfield),  reconstruction  authorized  .  .  .SB  10am 

SB  23am 
Current  use 

advisory  board,  acreage  requirements  in  excess  of  10 

acres  prohibited SB  15am 

land  use  change  tax  applicable  when  site  no  longer 

meets  minimum  size  requirements SB  15 


Dairies,  milk  inspection  fees  based  on  administrative 

costs SB  23am 

Dams,  maintenance  fund 

authorized  bond  aimount  reduced SB  23am 

established  for  state-owned  dams SB  10am 


SUBJECT  INDEX  853 


Data  processing  department,  governor's  management  review 

implementation SB  23am 

Dealers  Co-op,  Inc.,  charter  reinstated  SB  20am 

District  courts  accounts  receivable  reported  to  safety 

department SB  23am 

Divorce,  indigent  parties,  guardicin  ad  litem  compensation 
based  on  fee  schedule  for  indigent  defense 

counsel SB  23am 

Dogs 

greyhound  racing  commission  replaced  by  pari-mutuel 

commission SB  23am 

racing,  off-track  wagering  commission SB  21 

Domestic  violence,  hearings,  time  limit;  transfer  of 

questions  of  law  to  supreme  court SB  12 

Dover 

representative  districts  revised  HB  43 

semiannual  collection  of  taxes,  transitional  period.  .  .  .SB  19 

Dow,  Albert  H.,  Ill,  res  on  death HR  7 

Drake,  Arthur  M. ,  res  on  death SCR  1 

Driver  training  fund,  fees  from  vanity  plates  as  necessary 

to  cover  costs;  balance  to  general  fund SB  23am 

Drug  abuse,    federal  block  grant 

1981-1982 HB   1 

1983  accepted HB  46 

Drugs 

controlled,  manufacturers  and  wholesalers,  graduated 

license  fees SB  23am 

DWI  second  conviction,  mandatory  minimum  sentence 

not  reduced HB  20 

Dumps,  burning,  elimination  of,  time  limit  extension SB  18 

E 

Eastern  NH  turnpike 

authority  to  acquire  land  for  Spaulding  Turnpike  .  .  .  .SB  23am 

supplemental  appropriation  HB  10 

SB  14 
Economic  analysis  study,  Seabrook  nuclear  power  plant  .  .  .HB  36am 
Edelweiss  village  district  (Madison),  power  to  enact 

zoning  regulations SB  20am 

Education 
department 

appropriation  to  cover  overpayment  from  Department 

of  Health  and  Human  Services SB  23am 

building  projects  revolving  fund,  appropriation  .  .  .SB  23am 
federal  categorical  grants,  unexpended  funds 

nonlapsing SB  23am 

improvements  study  repealed SB  23am 

elementary  or  secondary  institutions,  municipal  bond 

bank  financing  act HB  6 

handicapped  children 

1980  and  1981  funds  lapsed;  catastrophic  programs 

paid  from  1983  funds SB  23am 

1981  funds,  more  lapsed SB  23am 

special  education  aid,  distribution  date  changed.  .  .SB  23am 

higher,  incentive  program  grants  not  reduced  by  lack 

of  federal  funds SB  14 

incentive  program  grants,  amount  not  reduced  by  lack 

of  federal  funds SB  23am 

state  board,  postsecondary  administration  and  support, 

exempt  from  5$  personnel  reduction SB  23am 

vocational,  regional  centers,  construction  appropriation 

reduced HB  1 1 

Educationally  handicapped  children 

catastrophic  costs,  state  aid  limited HB  27am 

in  state  institutions,  liability  for  costs  HB  27am 

Elderly  tax  exemptions,  adjusted,  no  transfer  of  property 

within  5  years SB  23am 

Elections 
candidates 

expenditures  under  $500,  reporting  not  required  .  .  .  .  HB  5 
house  of  representatives,  eligible  from  one  district 

only;  listed  in  numerical  order  of  districts  .  .  .  HB  2am 
political  committees,  registration  and  reporting 

requirements HB  5am 


854  HOUSE  JOURNAL 


Electric  power  plants,  site  evaluation,  travel  and  other 

expenses  assessed  against  applicant SB  23am 

Electronic  games,  permit  fee HB  30 

Eminent  domain  commission 

jurisdiction  over  condemnation  proceedings  except  those 

brought  by  public  utilities HB  4 

replaced  by  board  of  tax  and  land  appeals SB  23am 

tax  and  land  appeals  board  appropriation  allocated  to; 

transfer SB  23am 

Employment 

and  training  office,  claim  against,  supplemental 

appropriation SB  23am 

income  from  employee  benefit  plans  exempt  from  interest 

and  dividends  tax SB  23am 

wage  assignment  for  child  or  spousal  support;  no  basis 

for  discharge  of  employee SB  23am 

Employment  security 

appellate  division,  membership;  state  employee  members 

not   reimbursed HB   15 

governor's  management    review   implementation SB  23am 

unemployment  compensation  claims   reconsidered   by 

task   force HB  38 

Energy  assistance  block  grants 

1981-1982 HB   1 

1982  date  extended SB  23am 

1983  appropriation HB  i<6 

supplemental  appropriation HB  l|2 

Energy  facility  evaluation  committee,  travel  and  other 

expenses  assessed  against  applicant SB  23am 

Escheat  proceedings,  payment  to  county  treasurer,  portion 

retained  by  state;  time  limit  reduced HB  29am 

Executive  council 

districts  reapportioned SB  2 

governor's  management  review  implementation SB  23am 


Families,  protection  from  domestic  violence,  hearings, 
time  limit;  transfer  of  questions  of  law  to 
supreme  court SB  12 

Farms,  agricultural  motor  vehicle  registration 

requirements  HB  21am 

Federal  block  grants 

198I-I982;  setting  aside  prohibited;  no  expenditure  of 
amounts  in  excess  of  estimates  before  legislative 
action HB  1 

1982  date  extended SB  23am 

1983  accepted HB  46 

definition  of  state;  departmental  procedures  necessary 

for  acceptance HB  1 

encouraging  public  participation  in  planning  process  .  .  .HCR  1 

supplemental  appropriation  HB  42 

Federal  reimbursement  review,  louche  Ross  and  Company  .  .  .SB  23am 
Fines,  penalty  assessments,  transfer  of  excess  funds 

to  adult  custodial  facility HB  1 

Fire  marshal,  list  of  space  heaters  approved  for  sale  ...  SB  9am 
Fiscal  committee  notified  of  authorized  appropriation 

transfers SB  23am 

Fish  and  game 
department 

governor's  management  review  implementation  SB  23am 

hunter-safety  equipment,  appropriation SB  23am 

purchase  of  pheasants,  appropriation SB  23am 

purchase  of  US  surplus  property,  appropriation.  .  .  .HB  11am 
replacement  of  vehicles,  supplemental  appropriation  .SB  23am 
search  and  rescue  equipment,  supplemental 

appropriation SB  23am 

fish  hatcheries  to  be  sold;  funds  used  for  purchase  of 

Berlin  federal  fish  hatchery SB  23am 

licenses,  super  sportsman,  promotional  sales,  proceeds 

to  fish  and  game  fund SB  23am 

Food,  cold  storage  plants,  graduated  license  fees SB  23am 

Foreign  trade  zones,  port  authority  establishment 

anywhere  in  NH HB  11am 

Forests  and  lands  director,  sale  of  timber  and  nursery 

products;  revenue  to  general  fund SB  23am 


SUBJECT  INDEX  855 


Foster  homes,  placement  of  minor  prior  to  and  following 

arraignment HB  27am 

Franchise  tax,  interest  on  late  payment  as  set  by  IRS  .  .  .SB  23am 

Franconia  Notch  state  park,  capital  improvements 

appropriation HB  11am 

Franklin,  welfare  division  branch  office  prohibited  .  .  .  .SB  23am 


Gambling.  See  also:  Beano 

lucky  7  clubs,  license  fees  may  be  paid  up  to  1  year 

in  advance SB  23am 

off-track  wagering  SB  21 

Garrity  v.  Gallen,  compliance  appropriation  HB  10 

SB  14 
General  court 

call  of  the  session 1 

special  session  appropriation HB  1 

Geologist,  state,  survey  of  NH  terrain  for  task  force  on 

radioactive  waste  management  HB  26 

Glencliff  home  for  the  elderly 

capital  improvements  appropriation  increased HB  11am 

NH  hospital,  and  Laconia  state  school,  long  range  needs 
for  psychiatric  services  and  physical  plant 

requirements,  study SB  23am 

Good  conduct  credits  for  prisoners  deducted  from 

disciplinary  period  of  sentence HB  20ara 

Goose  Pond  dam  (Canaan  and  Hanover),  reconstruction 

authorized SB  10am 

SB  23am 
Governor  (Hugh  J.  Gallen) 

address,  opening 4-9 

and  council,  sale  of  real  estate  at  current  appraised 

value;  approval  of  office  space  study  committee.  .SB  23ara 
vetoes 

Concord  ward  lines  changed HB  39 

Dover  and  Manchester  ward  lines  changed HB  43 

employment  security  department,  composition  of 

appellate  division HB  15 

Keene  representative  districts HB  37 

Nashua  ward  lines  changed HB  32 

operating  budget  amendments HB  10 

Portsmouth,  Manchester,  Concord,  Nashua,  and  Keene 

ward  lines  changed HB  45 

Governor's  management  review 

implementation  by  various  agencies  SB  23am 

implementation  fund 

appropriation  increased SB  23am 

reimbursed  by  savings  fund;  balance  to  lapse  to 

general  fund SB  23am 

Grantham  school  district  meetings  legalized SB  28 

Graphic  services,  purchases  made  by  division  of  purchase 

and  property SB  23am 

Gregg  Falls  dam  (Goffstown),  reconstruction  authorized.  .  .SB  10am 

SB  23am 
Greyhound  racing  commission 

appropriated  funds  to  lapse  if  fewer  races  held  than 

funded SB  23am 

governor's  management  review  implementation SB  23am 

replaced  by  pari-mutuel  commission SB  23am 

Guardian  ad  litem,  divorce  proceedings,  parties  indigent, 
compensation  based  on  fee  schedule  for  indigent 
defense  counsel SB  23am 

H 

Hampton 

North  Beach,  parking  meter  appropriation SB  23am 

village  precinct,  leased  land  commission  to  oversee  tax 

assessments,  duration  of  tenancy  SB  29 

Handicapped 

children,  education 

1980  and  1981  funds  lapsed;  catastrophic  programs 

paid  from  1983  funds SB  23am 

1981  funds,  more  lapsed SB  23am 

special  education  aid,  distribution  date  chamged.  .  .SB  23am 


856  HOUSE  JOURNAL 


Handicapped 

educationally,  children 

catastrophic  costs,  state  aid  limited HB  27ani 

in  state  institutions,  liability  for  costs HB  27am 

walking  disability,  special  number  plates 

eligibility  changed SB  23ain 

for  parent  or  legal  guardian HB  27am 

Hayes,  Kenneth  M.,  state  police  barracks  for  Troop  E 

(Tamworth)  named  for SB  23am 

Hazen  Drive,  1979  capital  improvements  appropriation  for 

construction  lapsed HB  11am 

Health  and  welfare 

governor's  management  review  implementation SB  23am 

supplemental  appropriation  HB  1 

HB  1(6 
Health  facilities  licensing,  certificate  of  need,  funds 

nonlapsing HB  10 

Health  maintenance  organizations,  financing  by  higher 

educational  and  health  facilities  authority SB  6 

Health  services  block  grant 

1981-1982 HB  1 

1982  date  extended SB  23am 

1983  accepted HB  U6 

appropriation  changed;  health  promotion,  venereal 

disease  control,  and  incentive  grants  added.  .  .  .SB  23am 
Higher  educational  and  health  facilities  authority, 

financing  of  health  maintenance  orgcinizations.  .  .  .  SB  6 
Highways 

bond  issue  authorized SB  23am 

class  IV,  V,  or  VI,  petition  to  lay  out  by  county 

commissioners  when  highway  passes  over  land  not 

in  any  town  or  in  2  or  more  towns SB  20am 

Hildreth,  Peter,  resignation  remarks 489-'J90 

Home  energy  assistance  bloc':  ""ant 

1981-1982 HB  1 

1982  date  extended SB  23am 

1983  accepted HB  46 

supplemental  appropriation HB  42 

Hooksett,  water  line  extension,  appropriation  SB  23am 

Horses 

abusive  treatment,  veterinarians  held  harmless  for 

decisions HB  17am 

racing 

off-track  wagering  commission SB  21 

pari-mutuel  pools,  tax  reduced;  15  year  limitation.  .SB  23am 

SB  26 
racing  commission 

governor's  management  review  implementation  SB  23am 

replaced  by  pari-mutuel  commission SB  23am 

Hospital,  NH 

capital  improvements  appropriation HB  11am 

forensic  unit,  application  for  exemption  from  personnel 

reductions SB  23am 

Laconia  state  school,  and  Glencliff,  long  rainge  needs 
for  psychiatric  services  and  physical  plant 

requirements,  study SB  23am 

liability  for  costs  for  educationally  handicapped 

children;  appropriation HB  27am 

supplemental  appropriation HB  10 

Hospitals,  certificate  of  need,  definitions,  expenditure 

requirements  increased HB  35 

House  of  representatives 

committee  assignments 18,  20 

journal.  See:  Journal 
members 

deaths 21,  40,  66,  499,  8A8 

qualified 10,  848 

resignations 10,  476,  489,  848 

reapportionment HB  2 

Housing  and  urban  development  community  development 
federal  block  grant 

1983  rejected HB  46 

acceptance  rejected HB  1 


SUBJECT  INDEX  857 


Human  resources  division,   administration  of  energy 
assistance  block  grants 

appropriation HB   1 

HB  146 

supplemental  appropriation HB  42 

Husband  and  wife,  protection  from  domestic  violence, 

hearings,  time  limit;  transfer  of  questions  of 

law  to  supreme  court SB  12 

Hydroelectric  generating  facilities 

leasing,  revenue  to  dam  maintenance  fund SB  10am 

Pontook  dam,  project  authorization SB  2*4 

I 

Income  tax 

5% HB  18 

interest  and  dividends 

employee  benefit  plans  exempt  SB  23am 

reassessment,  interest  rate  as  set  by  IRS SB  23am 

repealed HB  18 

revenue  returned  to  cities  and  towns,  distribution 

date  changed SB  23am 

Indigent  defendants 

appointed  counsel,  repayment  not  required  from  parents 

of  adult  or  from  victim SB  23am 

attorneys'  fees 

fund  nonlapsing SB  23am 

supplemental  appropriation SB  23am 

Industrial  development  authority,  governor's  management 

review  implementation SB  23am 

Inheritance  tax,  interest  on  late  payment  as  set  by  IRS  .  .SB  23am 
Insanity  defense,  burden  of  proof;  civil  and  criminal 

commitment,  duration  extended SB  8 

Insurance 

accident  and  health,  for  state  employees,  study HB  25 

companies,  motor  vehicle  dealers  and  manufacturers 
warranty  agreements  not  subject  to  insurance 

regulations HB  13 

department,  governor's  management  review 

implementation SB  23am 

Interest 

on  taxes,  current  rate  as  set  by  IRS SB  23am 

underpayment  of  estimated  tax,  calculation  by  revenue 

administration SB  23am 

J 

Johnson,   Rep.   Elmer  L.,    poem 50-51 

Joos,    Rep.  Victor  J.,    res  on  death HR  5 

Journal 

corrections,  use  of  tapes HR  3 

daily,  and  bills,  distribution  policy HR  4 

Judges,  1982  salary  increase  continued,  appropriation  .  .  .SB  23am 

Juke  boxes,  permit  fee HB  30 

Juvenile  delinquents 

expenses  recoverable  from  town  of  settlement  or  county  .SB  12am 

foster  home  placement  prior  to  and  following 

arraignment HB  27am 

K 

Keene 

representatives  reapportioned HB  i45am 

ward  lines  changed;  representatives  reapportioned; 

referendum HB  37am 

Kelley  Falls  dam  (Manchester),  reconstruction  authorized.  .SB  10am 

SB  23am 
Kerosene  fueled  space  heaters,  unvented,  sale  and 

installation,  approval  by  local  fire  official; 

fire  marshal,  list  of  approved  heaters SB  9am 

L 

Labor  department,   governor's  management   review 

Implementation SB  23am 


858  HOUSE  JOURNAL 


Laconia 

state  liquor  store HB  28 

state  school 

capital  improvements  appropriation  for  renovations, 
unexpended  portion  used  for  compliance  with 

Life  Safety  Code HB  11am 

emergency  waivers  of  personnel  commission  rules  .  .  .SB  23am 

funds  nonlapsing SB  23am 

liability  for  costs  for  educationally  handicapped 

children;  supplemental  appropriation  HB  27am 

medical  director  and  physician,  salaries 

established;  medical  director  salary  increased 

for  recruitment  or  retention SB  23am 

NH  hospital,  and  Glencliff,  long  range  needs  for 
psychiatric  services  and  physical  plant 

requirements,  study SB  23am 

plans  for  personnel  reductions,  exceptions SB  23am 

supplemental  appropriation  for  compliance  with 

Garrity  v.  Gallen HB  10 

SB  in 
vocational  technical  college,  capital  improvements 

appropriation  reduced HB  11 

Land  use  change  tax  applicable  when  site  no  longer  meets 

minimum  size  requirements SB  15 

Lebanon,  welfare  division  branch  office  prohibited SB  23am 

Legislative  budget  assistant,  preparation  of  fiscal 

impact  statements  for  state  agency  rules  SB  23am 

Legislative  employees,  1982  salary  increase  continued, 

appropriation SB  23am 

Liquor  commission 

administration,  sunset  renewal; 

appropriation;  personnel  structure;  vendor  and 

representative  licenses SB  14am 

personnel  structure;  vendor  and  representative 

licenses HB  22 

SB  5 

temporary HB  2t 

certain  funds  nonlapsing SB  23am 

employees,  defense  and  indemnification  in  suit  brought 

by  Arthur  Andersen SB  23am 

supplemental  appropriation SB  14am 

Livestock  dealers,  regulation  by  agriculture  commissioner 

strengthened HB  17 

to  include  fees  for  shipping  certificates SB  23am 

Lucky  7  clubs,  license  fees  may  be  paid  up  to  1  year 

in  advance SB  23am 

M 

Madison,  Edelweiss  village  district  empowered  to  enact 

zoning  regulations SB  20am 

Manchester,  charter  amended,  ward  lines  revised; 

representatives  reapportioned;  referendum HB  43am 

HB  45am 
Manufactured  housing 

term  replaced  by  mobile  homes HB  12 

term  to  replace  mobile  homes;  zoning  exclusion 

prohibited SB  16 

Maternal  and  child  health  services  block  grant 

1981-1982 HB  1 

1982  date  extended SB  23am 

1983  accepted HB  46 

May  Pond  dam  (Washington),  reconstruction  authorized.  .  .  .SB  10am 

SB  23am 

Meals  and  rooms  tax 

disposition  of  funds  changed SB  23am 

interest  on  late  payment  as  set  by  IRS SB  23am 

percentage  retained  by  operators SB  23am 

Mental  health  and  developmental  services 

community  living  facilities,  suspension  of  monitoring 

and  certification  repealed SB  23am 

director,  qualifications HB  34 

funds  nonlapsing SB  23am 

medical  director,  salary  established SB  23am 

public  guardians  to  function  independently  of SB  23am 

supplemental  appropriation SB  14 


SUBJECT  INDEX  859 


Mental  health  services 
block   grant 

1981-1982 HB   1 

1982  date  extended SB  23am 

1983  accepted HB  16 

chronically  ill  and  community  pnsgrams  added  to  goals, 

supplemental  appropriation  HB  1 

supplemental  appropriation HB  10 

Mentally  ill,  civil  and  criminal  commitment,  duration 

extended SB  8 

Merrymeeting  Lake  dam  (New  Durham),  reconstruction 

authorized SB  10 

SB  23am 
Milan,  combined  with  Berlin  for  election  of 

representatives HB31 

Milk  and  milk  products,  license  fees  based  on 

administrative  costs SB  23am 

Minors,  foster  home  placement  prior  to  and  following 

arraignment HB  27am 

Mobile  homes 

defined;  exclusion  prohibited;  foundation  requirements  .  .HE  12 
term  replaced  by  aanufactured  housing;  zoning  exclusion 

prohibited SB  16 

Monte  Carlo  nights.  See:  Gambling 

Moped  races,    safety  commissioner's  approval;    insurance  may 

be  required HB  21am 

Motor  vehicles 

agricultural  registration  requirements HB  21am 

buses,  permissible  length  increased SB  20am 

DWI,  second  conviction,  minimum  mandatory  sentence  not 

reduced HB  20 

lighting  period,  duplicate  provisions  repealed  SB  20am 

number  plates 

special  for  walking  disabled,  eligibility  changed  .  .SB  23am 
special  for  walking  disabled,  parent  or  legal 

guardian HB  27am 

vanity,  fees  increased;  portion  to  driver  training 

fund SB  23am 

operator's  license,  suspended  for  illegal  use  in 

obtaining  alcoholic  beverages SB  7 

state  agencies,  emergency  replacement  for  safety, 
public  works  and  highways,  and  fish  and  game 

departments,  supplemental  appropriation SB  23am 

warranty  agreements,  dealers  and  manufacturers  not 

subject  to  insurance  regulations HB  13 

Mount  Sunapee  state  park,  federal  funds  for  snowmaking, 

acceptance  authorized HB  11am 

Municipal  bond  bank,  educational  institutions  bond 

financing  act HB  6 

Municipal  courts,  accounts  receivable  reported  to  safety 

department SB  23am 

Mutual  funds,  open-end,  fees SB  23am 

N 

Nashua  ward  lines  changed;  representatives  reapportioned; 

referendum HB  32 

HB  U5am 

New  Durham  Pond  dam,  reconstruction  authorized SB  10am 

SB  23am 
New  London  water  systems  precinct,  meeting  legalized.  .  .  .SB  20am 
Newington  combined  with  Portsmouth  ward  3  for  election  of 

representatives HB  U5 

North  Conway  water  precinct,  meeting  and  hearing 

legalized SB  20am 

Nuclear  weapons   freeze,    res   intro   rej   (RC) 496-497 

Nursery  products,   sale  by  forests  and  lands  director; 

revenue  to  general  fund SB  23ara 

Nurses 

registration  board,    sunset   renewal 

nursing  education  council  HB  9 

public  member;    rulemaking;   disciplinary  actions   .    .    .    .HB  14 

SB  5 
scholarships,    registration  fees  not  sufficient  to 

cover,    difference  charged  against  general  fund    .    .SB  23am 


860  HOUSE  JOURNAL 


Off  highway  recreational  vehicles 

annual  racing  permit;  sound  level,  reduced  agents' 

fees HB  21ani 

excess   revenue  appropriated   to   fish  and  game  department 

and  DRED SB  23ani 

registration   fees,    agents   to   retain  $1 SB  23am 

Off-track   wagering  commission,    horse  and  dog  racing   SB  21 

Office  space  study  committee  approval  of  sale  of  certain 

state  property SB  23am 

Old  Mill  *1    (Claremont),    1981   capital   improvements 

appropriation  increased HB   11am 

Open-end  mutual   funds,    fees SB  23am 

Open  space  land,   use  change  tax  applicable  when  site  no 

longer  meets  minimum  size  requirements   SB   15 

Operating  budget  amendments  HB   1 

HB   10 

SB   14 

SB  23am 

reductions  not  recomputed HB  46 


Pari-mutuel  commission 

appropriated   funds  to   lapse  if  fewer  races  held  than 

funded SB  23am 

to  replace   racing  commissions SB  2am 

Pari-mutuel  pools 

horse  and  dog  racing,    off-track  wagering SB  21 

horse  racing,    tax   reduced;    15  year   limitation SB  23 

SB  26 
Parks 

and  recreation,  fee  surplus  lapsed SB  23am 

state,  Franconia  Notch,  capital  improvements 

appropriation HB  11am 

Parole  eligibility,  disciplinary  period  added  to  minimum 

sentence;  good  conduct  credits HB  20am 

Patch  cottage  (Rhododendron  state  park)  sale,  approval 

of  capital  budget  overview  committee  required.  .  .HB  11am 
Pawtud<away  Lake  dikes  (Nottingham),  reconstruction 

authorized SB  10am 

SB  23am 
Pease  Air  Force  Base,  509th  Bomb  Wing,  res  commending  .  .  .  .HR  11 
Personnel  department 

governor's  management  review  implementation SB  23am 

monthly  report  to  fiscal  committee  on  personnel 

upgrades SB  23am 

rules  on  layoffs  suspended;  procedures,  personnel 

appeal  board  SB  14 

Peterborough,  welfare  division  branch  office  prohibited  .  .SB  23am 
Petroleum  products  tax,  interest  on  late  payment  as 

set  by  IRS SB  23am 

Pheasants,  fish  and  game  to  purchase,  appropriation  .  •  .  .SB  23am 

Pinball  machines,  permit  fee HB  30 

Pisgah  Reservoir  (Winchester)  dam  reconstruction 

authorized SB  10am 

SB  23am 
Plea  bargaining  reported  to  attorney  general  in  DWI  cases  .HB  20am 
Plymouth,  welfare  division  branch  office  prohibited  .  .  .  .SB  23am 
Police  standards  and  training  council,  capital 

appropriation  increased SB  23am 

Political  advertising,  rates  filed  with  secretary 

of  state HB  5am 

Political  committees,  registration  and  reporting 

requirements HB  5am 

Political  parties,  state  conventions,  delegates, 

reapportionment HB  2 

Pontook  dam  project,  authorization;  administrative  hearing 

procedures SB  24 

Port  authority 

establishment  of  foreign  trade  zones  sinywhere  in  NH.  .  .HB  11am 
governor's  management  review  implementation SB  23am 


SUBJECT  INDEX  861 


Portsmouth 

charter  amendments,  vrard  lines  changed;  representatives 
reapportioned;  ward  3  combined  with  Newington; 

referendum HB  ^5 

vocational  technical  college 

moved  to  Stratham  facility,  costs  covered  by  sale 

of  truck  garage SB  23am 

sale  approved  by  office  space  study  committee; 

proceeds  deposited  as  unrestricted  revenue  .  .  .  .SB  23am 
Postsecondary  education  commission  incentive  program 

grants  not  reduced  by  lack  of  federal  funds SB  ^U 

Preventive  health  and  health  services  federal  block  grant 

1981-1982 HB  1 

1983,  accepted HB  46 

Preventive  health  block  grant,  appropriation  changed; 

health  promotion,  venereal  disease  control,  and 

incentive  grants  added SB  23am 

Primary  care  block  grant,  1983  rejected HB  46 

Prison  industries,  sales  at  competitive  prices  on  open 

market HB  7 

Prisoners,  good  conduct  credits  deducted  from  disciplinary 

period;  credit  for  blood  donation  repealed  .  .  .  .HB  20am 
Probate  court,  supplemental  appropriation 

conditional  on  passage  of  HB  10 SB  20am 

conditional  provision  deleted SB  23am 

Property,  abandoned,  escheat  proceedings,  payment  to 
county  treasurer,  portion  retained  for  state; 

time  limit  increased HB  29am 

Public  defender  contract  renegotiation SB  23am 

Public  guardian 

Belknap  and  Merrimack  offices,  centralized 

administration;  additional  salary  to  public 

guardian  administrator SB  23am 

Independent  function  of  mental  health  and  developmental 

services  division SB  23am 

Public  health  services 

catastrophic  illness  program,  cancer  commission  funds 

transferred  to HB  10 

SB  14 
special  fund,  license  fees  from  radiation  sources, 

beverage  plants,  and  dairies  SB  23am 

supplemental  appropriation  HB  1 

HB  46 

for  certificate  of  need  program HB  10 

Public  utilities 
commission 

jurisdfction  over  condemnation  proceedings  brought 

by  public  utilities HB  4 

risk  analysis  and  economic  analysis  studies  for 

Seabrook  nuclear  power  plant HB  36am 

tax,  interest  on  late  payment  as  set  by  IRS SB  23am 

Public  works 
and  highways 

capital  projects  under  $10,000,  force  account  basis  .HB  11am 

construction  appropriation  restored  SB  23am 

excluded  from  3%   personnel  expenditure  reduction.  .  .SB  23am 
excluded  from  7J  personnel  expenditure  reduction.  .  .SB  23am 

governor's  management  review  implementation  SB  23am 

major  capital  projects,  requirement  for  architect 

or  engineer  may  be  waived HB  11am 

replacement  of  vehicles,  supplemental  appropriation  .SB  23am 
traffic  division  facility,  capital  improvements 

appropriation  increased HB  Ham 

division 

1981  capital  improvements  appropriation  reduced  .  .  .HB  11am 
design  and  planning  for  state  agencies,  costs 

reimbursed  by  agencies;  written  agreements  .  •  .  .SB  23am 
water  resources  board  projects,  competitive  bidding 

exemption  limited SB  4 

Purchase  and  p"operty 

automation  and  computer  support  for  state  purchasing  .  .SB  23am 

purchases  for  graphic  services  division SB  23am 

purchasing  authority  centralized;  exception SB  23am 


862  HOUSE  JOURNAL 


Races,  bicycles  and  mopeds,  safety  coramissioner' s 

approval HB  21ani 

Racing 

appropriated   funds  to   lapse   if  fewer  races  held  than 

funded SB  23ani 

commission 

horses,    governor's  management   review  implementation   .SB  23am 

replaced   by  pari-mutuel  commission SB  23am 

horses,    pari-mutuel  pools,    tax  reduced;    15  year 

limitation SB  23am 

SB  26 

off-track  wagering  commission SB  21 

veterinarian  appointed  for  each  meet;  compensation 

covered  by  licensee SB  23am 

Radiation  control  agency,  rulemaking;  license  fees  to 

cover  administrative  costs  SB  23am 

Radioactive  waste  management  task  force  HB  26 

Railroads  tax,  interest  on  late  payment  as  set  by  IRS  .  .  .SB  23am 
Raymond 

state  liquor  store,  land  and  building  to  be  purchased.  .HB  11am 

town  meeting  legalized  SB  20am 

Real  estate  commission,  sunset  renewal;  continuing 

education;  rulemaking  authority HB  8 

public  member SB  5 

Reapportionment 

congressional  districts SB  3 

executive  council  districts SB  2 

house  of  representatives;    delegates  to  state 

convention HB  2 

representative  districts 

Berlin  and  Milan HB  31 

Concord HB  39 

Dover,  Rochester,  Strafford,  and  Manchester HB  '43am 

Keene HB  37 

Nashua HB  32 

Portsmouth,  Manchester,  Concord,  Nashua,  and  Keene.  .HB  i45am 

senate SB  1 

SB  25am 

Refrigerated  warehouse,  graduated  license  fees SB  23am 

Regional  refuse  disposal  districts,  total  participation 

not  required;  contractual  authority;  financing  .  .  .HB  33 
Resources  cind  economic  development 

1979  capital  improvements  appropriation  for  land 

acquisition  amended HB  11am 

acceptance  of  federal  funds  for  snowmaking  authorized.  .HB  11am 

governor's  management  review  implementation SB  23am 

installation  of  parking  meters  at  Beaches, 

appropriation SB  23am 

Restaurants,  alcoholic  beverage  licenses,  wine  discounts.  .  .HB  22 

SB  5 
Retirement  system,  NH 

governor's  management  review  implementation SB  23am 

unfunded  accrued  liability,  1977  appropriation  lapsed.  .HB  11am 
Revenue 

administration 

calculation  of  interest  on  underpayment  of  estimated 

tax SB  23am 

governor's  management  review  implementation  SB  23am 

regulation  of  sale  of  alcoholic  beverages  HB  24 

and  fund  balance  certification  for  state  employee 

salary  increase SB  23am 

reform  at  all  levels  of  government,  study, 

appropriation SB  23am 

unrestricted,  estimates SB  23am 

Rhododendron  state  park.  Patch  Cottage  not  to  be  sold 
without  approval  of  capital  budget  overview 

committee HB  11am 

Risk  analysis  study,  Seabrook  nuclear  power  plant HB  36 

Rochester 

representative  districts  revised  HB  U3am 

Skyhaven  airport,  1979  capital  improvements 

appropriation  extended HB  11am 


SUBJECT  INDEX  863 


Rockingham  county  sheriff,    compensation  set   by  county 

convention HB  23 

Rockingham  race  track,    reduced  tax   limited  to  15  years.    .    .SB  23am 

SB  26 
Roll   calls 

nuclear  weapons   freeze 496-497 

opening  of  session 1-4 

Rules 

House,  1981  session HR  1 

rule  45,  items  in  budget  bill  amending  statutory  law 

treated  as  individual  bills HR  6 

state  agencies,  fiscal  impact  statement  required; 

prepared  by  legislative  budget  assistant  SB  23ara 

Rye,  Jenness  Beach,  parking  meter  appropriation  SB  23am 

S 

Safety  commissioner 

approval  of  bicycle  and  moped  races HB  21am 

rulemaking  authority,  enforcement  of  liquor  laws  HB  24 

Safety  department 

district  and  municipal  courts'  accounts  receivable; 

complete  records  maintained SB  23am 

governor's  management  review  implementation SB  23am 

replacement  of  vehicles,  supplemental  appropriation.  .  .SB  23am 
Scholarships,  incentive  program  grants  not  reduced  by  lack 

of  federal  funds SB  14 

School  districts 

foundation  aid,  time  of  payment  changed SB  23am 

special  education  aid,  distribution  date  changed  .  .  •  .SB  23am 
Seabrook  nuclear  power  plant,  risk  analysis  and  economic 

analysis  studies  HB  36am 

Seacoast  vocational  technical  college 

capital  improvements  appropriation  reduced  HB  11 

moved  to  Stratham,  costs  covered  by  sale  of  truck 

garage  in  Portsmouth  SB  23am 

Search  and  rescue 

equipment,  fish  and  game  department  supplemental 

appropriation SB  23am 

volunteers,  workmen's  compensation  coverage SB  22 

Secretary  of  state 

elections  division  funds  nonlapsing SB  23am 

governor's  management  review  implementation SB  23am 

Securities,  uniform  act,  open-end  mutual  funds,  fees.  .  .  .SB  23am 

Senate,  reapportionment  SB  1 

SB  25am 
Sentences 

disciplinary  period  added  to  minimum;  good  conduct 

credits HB  20am 

mandatory  minimum  for  second  conviction  of  DWI, 

no  reduction HB  20 

mentally  ill,  civil  and  criminal  commitment,  duration 

extended SB  8 

Sewage  disposal  facilities 

state  payment  of  amortization  charges  reduced HB  11am 

SB  23am 
WSPCC  construction  grants  in  aid  for  large  towns 

authorized HB  1 

Shared  homes,  public  assistance  increased  HB  40 

Sheltered  care  facilities,  license  fee  exemption HB  40 

Sheriffs 

Rockingham  county,  compensation  set  by  county 

conventions HB  23 

salaries,  statutory  provisions  repealed;  travel 

allowance  increased HB  23am 

Site  evaluation  committee,  electric  power  plants,  travel 

and  other  expenses  assessed  against  applicant.  .  .SB  23am 
Skyhaven  airport,  1979  capital  improvements  appropriation 

extended HB  11am 

Smith,  Rep.  Donald  H.,  res  on  death HR  12 

Snow  traveling  vehicles,  racing  permit,  annual  basis.  .  .  .HB  21am 
Snowmjiking  installations.  Mount  Sunapee  and  Cannon 

Mountain,  acceptance  of  federal  funds  authorized  .HB  11am 
Social  Security  Act,  Title  IV  A  &  D  recipients,  support 

orders  directed  to  welfare  division SB  23am 


864  HOUSE  JOURNAL 


Social  services  block  grant 

1981-1982 HB   1 

1982  date  extended SB  23am 

1983  accepted HB  46 

Solid  vraste  management  plan,  implementation  SB  18 

delayed SB  1 1 

Space  heaters,  unvented,  sale  and  installation,  approval 
by  local  fire  official;  fire  marshal,  list  of 

approved  heaters SB  9am 

Spaulding  Turnpike.   See:   Eastern  NH  Turnpike 

Spirou,  Rep.  Chris,  farewell  to  representatives  leaving  .  .  .  .846 

Stark,  handicapped  students,  expenses  exceeding  $9,000  per 

student,  state  payment  in  1982 SB  23am 

State  agencies 

acting  director,  salary  increased SB  23am 

appropriations,  transfers  within  a  PAU  without  governor 

and  council  approval HB  1 

equipment  fund,  approval  of  expenditures  by  committee.  .SB  23am 

fees  for  publications SB  23am 

personnel  expenditures  reduced  by 

3%,    public  works  and  highways  department  excluded  .  .SB  23am 

5$,  exceptions SB  23am 

7$,  public  works  and  highways  department  excluded  .  .SB  23am 
planning  and  design  by  public  works  division,  written 

agreements SB  23am 

rules,  fiscal  impact  statement  required;  prepared  by 

legislative  budget  assistant  SB  23am 

State  employees 

1982  salary  increase  continued,  appropriation SB  23am 

health  insurance 

state  a  self-insurer,  study,  appropriation SB  23am 

study HB  25 

hiring  freeze;  report  on  permanent  staff  levels SB  23am 

layoff  rules  of  personnel  department  suspended; 

procedures;  personnel  appeal  board  SB  14 

monthly  report  by  personnel  director  to  fiscal 

committee  on  upgrades SB  23am 

receiving  workmen's  compensation,  accrual  of  sick  or 

annual  leave  prohibited SB  23am 

salary  increase,  committee  to  certify  available  funds.  .SB  23am 

temporary,  benefits  suspended SB  23am 

State  house,  roof  repair,  capital  improvements 

appropriation HB  11am 

State  officials,  I982  salary  increase  continued, 

appropriation SB  23am 

State  police 

authority  to  enforce  liquor  laws HB  24 

barracks,  Troop  E  (Tamworth),  named  for  Kenneth  M. 

Hayes SB  23am 

supplemental  appropriation SB  23am 

State  prison 

administration,  impact  items,  funds  nonlapsing HB  10 

SB  14 

capital  improvements  appropriation HB  11am 

funds  nonlapsing SB  23am 

governor's  management  review  implementation SB  23am 

revolving  fund  for  custody  of  unmanageable  inmates  out 

of  state SB  23am 

sentences,  disciplinary  period  added  to  minimum;  good 

conduct  credits,  rules  exempt  from  administrative 

procedures HB  20am 

State  property 

real  estate,  sold  at  current  appraised  value  SB  23am 

sale  approved  by  office  space  study  committee SB  23am 

State  purchasing,  automation  smd  computer  support  SB  23am 

Strafford,  combined  with  Rochester  wards  3  and  4  for 

election  of  representatives HB  43am 

Studies 

amusement  machine  permit  fees HB  30 

education  department  improvements,  repealed SB  23am 

games  of  chance  held  by  charitable  organizations; 

license  fees  for  rental  companies SB  17 

health  insurance  for  state  employees HB  25 

Laconia  state  school,  NH  hospital,  and  Glencliff,  long 
range  need  for  psychiatric  services  and  physical 
plant  requirements SB  23am 


SUBJECT  INDEX  865 


manufactured  housing SB  16 

mental  health  and  developmental  services  director, 

qualifications HB  3'' 

public  guardian  funding SB  23am 

radioactive  waste  management HB  26 

revenue  reform  at  all  levels  of  government, 

appropriation SB  23am 

risk  analysis  of  Seabrook  nuclear  power  plant HB  36 

state  as  self-insurer  for  state  employees  health 

insurance,  appropriation SB  23am 

unemployment  compensation  claims  denied  1979-1981, 

reconsideration HB  38 

vocational  technical  school  system,  semi -autonomous.  .  .HBI  101 
Sunset  law,  renewals 

liquor  commission  -  administration HB  22 

SB  Itam 

temporary HB  24 

nurses  registration   board HB  9 

HB    14 

real  estate  commission  HB  8 

nurses  registration  board,  and  liquor  commission 

-  administration  SB  5 

Super  sportsman  license  promotional  sales,  proceeds  to 

fish  and  game  fund SB  23am 

Support 

child  or  spousal,  wage  assignment,  procedure  SB  23am 

children,  attachment  of  unemployment  compensation HB  41 

Supreme  court 

approval  of  investment  of  court  facility  improvement 

escrow  funds  HB  19 

supplemental  appropriation 

conditional  on  passage  of  HB  10 SB  20am 

conditional  provision  deleted  SB  23am 

Sweepstakes 
commission 

governor's  management  review  implementation SB  23am 

purchase  of  tickets  for  new  or  continuing  games, 

fiscal  committee  approval SB  23am 

fund,  portion  to  general  fund SB  23am 

revenue,  portion  dedicated  to  costs  for  educationally 

handicapped  children HB  27am 

T 

Task  force  on  radioactive  waste  management HB  26 

Tax  and  land  appeals  board 

appropriation  allocated  between  taxation  board  and 

eminent  domain  commission;  transfer SB  23am 

replacing  board  of  taxation  and  eminent  domain 

commission SB  23am 

Taxation  board 

governor's  management  review  implementation SB  23am 

replaced  by  board  of  tax  and  land  appeals SB  23am 

tax  and  land  appeals  board  appropriation  allocated  to; 

transfer SB  23am 

Taxes 

amusement  machine  permit  fee HB  30 

banks 

distribution  based  on  revenue  projections;    portion 

retained   by  state  set  at  1981    levels SB  23am 

revenue   returned   to  cities  and   towns,    time  of 

distribution  changed SB  23am 

business  profits 

distribution  change   in   1984  repealed SB  23am 

gross  business  profits,    definition  amended SB  23am 

minimum,   applicable  to  $50,000  gross   income, 

repealed SB  23am 

minimum,    effect  of  repeal;   state  not   liable  for 

interest SB  23am 

minimum,    joint  ownership  by  husband  and  wife,    single 

liability SB  23am 

minimum  repealed HB   18 

revenue  returned  to  cities  and  towns,    time  of 

distribution  changed SB  23am 

coDffluters  income,    repealed HB   18 


866  HOUSE  JOURNAL 


current  use,  land  use  change  applicable  when  site  no 

longer  meets  minimum  size  requirements  SB  15 

estimated,  interest  on  underpayment  calculated  by 

revenue  administration SB  23am 

exemptions,  adjusted,  elderly,  no  transfer  of  property 

within  5  years SB  23am 

income,  5% HB  18 

income,  interest  and  dividends 

employee  benefit  plans  exempt  SB  23am 

reassessment,  interest  rate  as  set  by  IRS SB  23am 

repealed HB  18 

revenue  returned  to  cities  and  towns,  distribution 

date  changed SB  23ara 

interest  rate,  current  rate  assessed  by  IRS SB  23am 

inventory  of  polls  and  property  forms,  optional  use  by 

municipalities  HB  16 

liquor  excise HB  24 

meals  and  rooms 

disposition  of  funds  changed SB  23am 

percentage  retained  by  operators SB  23am 

pari-mutuel  pools,  horse  racing,  rate  reduced;  15  year 

limitation SB  23am 

SB  26 

towns  empowered  to  impose;  local  vote  required HB  44 

Teacher  certification,  expenditure  of  existing  balance; 

approval  of  governor  and  council  SB  23am 

Technical  institute 

exempt  from  5%   personnel  reduction  SB  23am 

tuition  increase  SB  23am 

Timber,  sale  by  forests  and  lands  director;  revenue  to 

general  fund SB  23am 

Tirrell,  Sarah  L.,  claim  against  NH HB  4? 

Tobacco  tax,  interest  on  late  payment  as  set  by  IRS  .  .  .  .SB  23am 
Touche  Ross  and  Company,  federal  reimbursement  review  .  .  .SB  23am 
Towns 

dumps.  See:  Dumps 

power  to  impose  tax;  local  vote  required HB  44 

regulation  of  space  heaters SB  9am 

revenue  from 

bank  tax,  time  of  distribution  changed SB  23am 

business  profits  tax,  time  of  distribution  changed.  .SB  23am 
Trade  Act  of  1974,  unemployment  compensation  paid  to  those 

leaving  unsuitable  employment  for  training  HB  41 

Treasurer,  state 

abandoned  property,  escheat  proceedings,  payment  to 
county  treasurer,  portion  retained  by  state; 

time  limit  reduced HB  29am 

assistant,  position  created,  salary SB  23am 

debt  limit,  temporary  increase HB  3 

governor's  management  review  implementation SB  23am 

supplemental  appropriation  SB  23am 

U 

Unemployment  compensation 

employment  exclusions,  services  performed  for  hospital 

by  intern;  student  age  limit  removed  HB  4lam 

law  conformed  to  federal  requirements HB  41 

task  force  to  reconsider  claims  denied  1979-1981 HB  38 

U.S.  Air  Force,  509th  Bomb  Wing,  res  commending HR  11 

U.S.  Congress,  districts  reapportioned SB  3 

University  of  NH 

1979  capital  improvements  appropriation  for  health 

studies  design  and  drawings  reduced;  extended.  .  .HB  11am 

employees,  salaries  increased SB  23am 

governor's  management  review  implementation SB  23am 

Hood  House,  1979  capital  improvements  appropriation 

extended HB  11am 

supplemental  appropriation  for  salary  increases SB  23am 

V 

Venereal  disease  control  program,  appropriation  from 
preventive  health  Eind  health  services  block 
grant SB  23am 


SUBJECT  INDEX  867 


Veterans'  home 

1981  capital  improvements  appropriation  for  new 

garage,  contract  or  force  account  method  HB  llam 

exempt  from  5%   personnel  reduction  SB  23an 

supplemental  appropriation SB  23am 

Veterinarians 

appointed  for  each  race;  compensation  covered  by 

licensee SB  23am 

held  harmless  for  decisions  in  cruelty  to  animals 

cases HB  17am 

Vocatior-'l  education,    regional  centers,    construction 

appropriation  reduced HB   11 

Vocational  technical  colleges 

certain  capital   improvements  appropriations  reduced.    .    .    .HB  11 

exempt  from  5%  personnel   reduction  SB  23am 

semi -autonomous HBI   101 

tuition  increase SB  23am 

W 

Wage  assignment  for  child  or  spousal  support;  no  basis 

for  discharge  of  employee SB  23am 

Waste.  See  also:  Dumps;  Solid  waste 

disposal,  regional  refuse  disposal  districts,  total 

participation  not  required;  contractual  authority; 

financing HB  33 

Water  pollution  control,  sewage  disposal  facilities, 

state  payment  of  amortization  charges  reduced.  .  .HB  11am 

SB  23am 
Water  resources  board 

dam  maintenance  fund SB  10am 

public  works  projects,  competitive  bidding  exemption 

limited SB  k 

Water  supply  and  pollution  control  commission 

construction  grants  in  aid  for  large  town  sewage 

disposal  facilities  authorized  HB  1 

governor's  management  review  implementation SB  23am 

grants  in  aid  funds 

nonlapsing,  repealed SB  23am 

not  to  be  transferred SB  23am 

Welfare  division 

administrative  procedures,  filing  and  publication  of 

rules,  requirement  suspended SB  23am 

branch  offices  in  Peterborough,  Franklin,  Lebanon,  and 

Plymouth  prohibited SB  23am 

child  support  incentive  program,  funds  to  lapse SB  23am 

MMIS  system  development,  funds  nonlapsing SB  23am 

supplemental  appropriation  HB  1 

HB  1*6 
support  orders  directed  to,  when  recipients  are  under 

Social  Security  Act  Title  IV  A  4  D SB  23am 

wage  assignment  for  child  or  spousal  support, 

procedures SB  23am 

Wetlands  board,  composition  altered,  voting  rights SB  23am 

Wine 

retail  and  discount  prices  changed  temporarily  SB  23am 

retail  price  restrictions  repealed;  restaurant 

discounts HE  22 

SB  5 

Winkley,  Rep.  Noreen  D.,  res  on  death HR  8 

Workmen's  compensation 

benefits  for  search  and  rescue  volunteers SB  22 

state  employees,  accrual  of  sick  or  annual  leave 

prohibited SB  23am 

Y 

Youth  development  center 

1981  capital  improvements  appropriation,  purposes 
amended;  approval  of  capital  budget  overview 

committee HB  11am 

1983  appropriation  reduced HB  tOam 

funds  nonlapsing SB  23am 

governor's  management  review  implementation SB  23am 

maintenance,  funds  nonlapsing SB  14 

sale  of  sand  and  timber  from  Candia  property SB  23am 


868  HOUSE  JOURNAL 


superintendent's  house,  sale  approved  by  office  space 

study  committee;  proceeds  deposited  as 

unrestricted  revenue SB  23am 

supplemental  appropriation  for  salary  reclassification  .  .HB  10 


Zoning  ordinances 

manufactured  housing  exclusion  prohibited SB  16 

mobile  homes,  exclusion  prohibited HB  12 


SPECIAL  SESSION  1981-1982 
NUMERICAL  INDEX 


869 


This  index,  arranged  by  bill  and  resolution  number,  gives  page  numbers 
for  all  action  in  the  House  on  each  numbered  bill  and  resolution.  They  are 
listed  in  the  following  order: 


HB 

HBI 

HCR 

HR 

SB 

SCR 


House  Bills 

House  Bill  of  Intent 

House  Concurrent  Resolution 

House  Resolutions 

Senate  Bills 

Senate  Concurrent  Resolution 


To  find  a  bill  by  its  subject  see  the  Subject  Index  immediately 
preceding  this  numerical  index.  All  matters  not  relating  to  bills  and 
resolutions  will  be  found  in  the  Subject  Index.  Page  references  to  roll  calls 
are  found  in  this  index  under  the  respective  bill  or  resolution. 

The  abbreviations  listed  below  are  used  in  the  Numerical  Index: 

adop  adopted 

am  amended,  amendment 

Approp  referred  to  Appropriations  committee 

cone  concurred 

conf  conference  committee 

enr  enrolled 

intro  introduced,  introduction 

K  killed  (inexpedient  to  legislate) 

LT  laid  on  table 

nonconc  nonconcurred 

psd  passed 

RC  roll  call 

rcmt  recommitted 

recon  reconsideration,  reconsidered 

rej  rejected 

rep  report 

S  Senate 

study  referred  to  interim  study  committee 

Ways  &  Means   referred  to  Ways  and  Means  committee 

HOUSE  BILLS 


HB  1 ,  relative  to  PAU  transfers,  certain  amendments  in  the  operating 
budget  and  block  grants.   (Kidder  of  Mer.  1  et  al) 
13,  am  (RC)  ^3-^^,    psd  17,  S  cone  17,  enr  17  (Chapter  1) 

HB  2,  reapportioning  the  house  of  representatives  and  delegates  to  state 
conventions.   (Chase  of  Car.  4) 
13,  am  (RC)  54-66,  psd  66,  S  cone  197,  enr  500  (Chapter  29) 

HB  3,  relative  to  a  temporary  increase  in  the  state's  short  term  debt 
limitation.   (Kidder  of  Mer.  1  et  al) 
13,  psd  (2  RC's)  14-16,  17,  S  cone  17,  enr  18  (Chapter  2) 

HB  4,  relative  to  the  reenactment  of  RSA  371  and  condemnation  proceedings 
of  public  utilities.   (French  of  Bel.  1,  Sen.  Sanborn) 
13,  am  16-17,  psd  17,  S  cone  17,  enr  18  (Chapter  3) 

HB  5,  relieving  candidates  who  do  not  expend  more  than  $500  from  filing 
statements  under  RSA  654.   (French  of  Bel.  1) 

New  title:  relative  to  political  expenditures  and  contributions. 
13,  am  28-30,  psd  31,  cone  S  am  477,  enr  am  &  enr  488  (Chapter  27) 

HB  6,  creating  the  New  Hampshire  municipal  bond  bank  educational 
institutions  bond  financing  act.   (Quimby  of  Rock.  4  et  al) 
18,  am  24-25,  psd  31,  S  cone,  enr  52  (Chapter  5) 

HB  7,  relative  to  the  sale  of  prison  products  and  their  purchase  by  state 
institutions.   (Granger  of  Hil.  13,  Sullivan  of  Mil.  30) 
18,  psd  28,  31,  S  cone,  enr  52  (Chapter  6) 


870  NUMERICAL  INDEX 


HB  8,  relative  to  the  real  estate  commission  and  making  an  appropriation 
therefor.   (Ward  of  Graf.  1,  Wojnowski  of  Rock.  14) 
New  title:   relative  to  the  real  estate  commission  and  the  board  of 
bartering  and  cosmetology. 

18,  am  &  Approp  33-34,  am  68,  psd  77,  cone  S  am  477,  enr  am  &  enr  488 
(Chapter  21) 

HB  9,  relative  to  the  nurses  registration  board,  a  council  for  nursing 
education  and  making  appropriations  therefor.   (Ward  of  Graf.  1, 
Trachy  of  Mer.  13) 
18,  K  33 

HB  10,  relative  to  amending  the  operating  budget.   (Kidder  of  Mer.  1) 
18,  am  (7  RC's)  78-462,  psd  475,  nonconc  S  am,  conf  (2  RC's)  497-499, 
rep  adop  (RC)  504-506,  enr  519,  veto  sustained  (RC)  529-531 

HB  11,  relative  to  amending  the  capital  budget.   (LaMott  of  Graf.  6, 
Bibbo  of  Mer.  1 ) 

New  title:  relative  to  amending  the  capital  budget,  relative  to 
foreign  trade  zones  and  appropriating  funds  to  the  fish  and  game 
commission. 

18,  am  462-466,  psd  475,  cone  S  am  497,  enr  am  502,  enr  am,  enr  527 
(Chapter  38) 

HB  12,  clarifying  the  mobile  home  law.   (Trachy  of  Mer.  13) 
18,  LT  28 

HB  13,  relative  to  the  exclusion  of  automobile  dealers  and  manufacturers 
from  regulation  as  insurance  companies.   (French  of  Bel.  1) 
18,  am  (RC)  40-42,  psd  50,  S  cone  476,  enr  am  486-487,  enr  488 
(Chapter  22) 

HB  14,  relative  to  the  nurses  registration  board.   (Hlldreth  of  Bel.  6  et 
al) 

18,  Approp  (RC)  52-54,  am  466,  psd  475,  S  cone  476,  enr  487  (Chapter 
20) 

HB  15,  requiring  a  representative  from  management,  one  from  labor,  and 
one  representing  the  public  in  the  appellate  division  of  the 
department  of  employment  security.   (Skinner  of  Rock.  3A,  Sen.  Freese) 
18-19,  am  (RC)  26-28,  psd  31,  cone  S  am  77,  enr  475,  veto  overridden 
(RC)  522-523,  528  (Chapter  31) 

HB  16,  allowing  local  assessing  officials  to  elect  not  to  use  the 
inventory  form.   (French  of  Bel.  1,  Pepitone  of  Graf.  3) 

19,  am  24,  psd  31,  S  cone  68,  enr  am  487,  enr  488  (Chapter  17) 

HB  17,  relative  to  livestock  dealers,  auctions  or  sales  rings.   (Campbell 
of  Rock.  5) 

New  title:   relative  to  livestock  dealers,  auctions  or  sales  rings  and 
abusive  treatment  of  horses. 
19,  am  25,  psd  31,  cone  S  am  77,  enr  475  (Chapter  8) 

HB  18,  relative  to  a  5%   tax  on  income.   (Daniell  of  Mer.  13,  Sackett  of 
Str.  4) 
19,  LT  (RC)  37-38,  (RC)  521 

HB  19,  relative  to  the  escrow  account  for  court  facility  improvements  and 
amending  the  recodification  of  the  business  corporation  act. 
(Carswell  of  Hil.  13  et  al) 

New  title:   relative  to  the  escrow  account  for  court  facility 
improvements;  amending  the  recodification  of  the  business  corporation 
act  aind  removing  the  asset  limitation  of  the  Carter  community  building 
association. 
19,  am  22-24,  psd  31,  cone  S  am  77,  enr  475  (Chapter  9) 

HB  20,  relative  to  minimum  mandatory  sentences  for  driving  while 
intoxicated.   (Carswell  of  Hil.  13  et  al) 

New  title:   relative  to  minimum  mandatory  sentences  for  driving  while 
intoxicated  and  relative  to  the  pau'ole,  sentencing  and  credit  for  good 
conduct  of  prisoners. 

19,  rcmt  (RC)  25-26,  am  (RC)  34-37,  psd  39,  nonconc  S  am,  conf  77, 
476,  477,  rep  adop  486,  enr  519  (Chapter  36) 


NUMERICAL  INDEX  871 


HB  21,  relative  to  school  bus  registration  fees  and  permits  for  OHRV 
racing  meets.   (Duval  of  Hil.  36,  Smith  of  Car.  3) 

First  new  title:   relative  to  school  bus  registration  fees  and  OHRV's. 
Second  new  title:   relative  to  agricultural  vehicle  registrations, 
OHRV's  and  competitive  bicycle  and  moped  races. 
19,  am  30-31,  psd  31,  cone  S  am  77,  enr  am  486,  enr  188  (Chapter  12) 

HB  22,  relative  to  the  review  of  the  liquor  commission  -  administration. 
(Spirou  of  Hil.  27) 
19,  K  (RC)  45-46 

HB  23,  relative  to  the  Rockingham  county  sheriff's  salary.   (Woodman  of 
Rock.  12) 

New  title:   relative  to  county  sheriffs. 
19,  am  28,  psd  31,  cone  S  am  77 ,  enr  475  (Chapter  10) 

HB  24,  relative  to  the  sale  of  liquor.   (Horan  of  Hil.  27) 

19,  K  46 

HB  25,  establishing  a  committee  to  study  health  insurance  for  state 

employees  and  making  an  appropriation  therefor.   (Scamman  of  Rock.  15) 
19-20,  study  33,  847 

HB  26,  relative  to  radioactive  waste  management  and  making  an 
appropriation  therfor.   (Wight  of  Hil.  10) 

New  title:   relative  to  the  establishment  of  a  low-level  radioactive 
waste  management  task  force  and  making  an  appropriation  therefor. 

20,  am  &  Approp  (RC)  74-76,  am  466-467,  psd  475,  S  cone  499,  enr  500, 
appointments  847  (Chapter  30) 

HB  27,  relative  to  educational  expenses  for  certain  handicapped 
children.   (Taffe  of  Graf.  5  et  al) 

First  new  title:   relative  to  educational  expenses  for  certain 
handicapped  children  and  relative  to  the  special  education  program  of 
the  child  and  adolescent  unit  at  the  New  Hampshire  hospital  and  making 
an  appropriation  therefor. 

Second  new  title:   relative  to  educational  expenses  for  certain 
handicapped  children,  relative  to  license  plates  for  handicapped 
persons,  relative  to  placement  of  minors  and  children  in  foster  homes 
and  relative  to  the  special  education  program  of  the  child  and 
adolescent  unit  at  the  New  Hampshire  hospital  and  making  an 
appropriation  therefor. 

20,  am  &  Approp  42-45,  am  68-70,  psd  77,  cone  3  am  503,  enr  am  526, 
enr  527  (Chapter  39) 

HB  28,  relative  to  the  opening  of  a  liquor  store  in  Laconia  and  making  an 
appropriation  therefor.   (Spirou  of  Hil.  27  et  al) 
20,  psd  33,  39,  nonconc  S  am,  conf  77,  476  (Died) 

HB  29,  relative  to  county  escheat  funds.   (Boucher  of  Rock.  3,  Krasker  of 
Rock  22) 
20,  am  70,  psd  77,  S  cone  476,  enr  487  (Chapter  13) 

HB  30,  imposing  an  amusement  machine  permit  fee,  and  making  an 
appropriation  therefor.   (Armstrong  of  Graf.  1) 
20,  study  50,  847 

HB  31,  establishing  the  ward  lines  for  the  city  of  Berlin,  dividing  the 
city  into  2  districts  for  state  representatives  and  reducing  the 
number  from  8  to  6  representatives  to  be  elected  at  large  within  their 
respective  districts.   (Theriault  of  Coos  9,  Burns  of  Coos  4) 
New  title:   establishing  ward  lines  for  the  city  of  Berlin. 
20,  am  468-469,  psd  475,  cone  S  am  499,  enr  am  502-503,  enr  519,  enr 
am  818,  enr  834  (Chapter  43) 

HB  32,  establishing  the  ward  lines  in  the  city  of  Nashua.   (Carragher  of 
Hil.  16) 

20,  am  469-470,  psd  475,  S  cone  499,  enr  am  501,  enr  am,  enr  527,  veto 
LT  816,  veto  sustained  (RC)  818-819 

HB  33,  relative  to  the  regional  disposal  districts.   (Townsend  of  Sul.  1) 
20,  am  45,  psd  50,  S  cone  476,  enr  am  486,  enr  488  (Chapter  23) 

HB  34,  relative  to  the  qualifications  of  the  director  of  the  division  of 
mental  health  and  developmental  services.   (Demetracopoulos  of  Str.  16) 
32,  study  71,  847 


872  NUMERICAL  INDEX 


HB  35,  making  changes  in  the  certificate  of  need  law  -  RSA  151-C. 
(Blanchette  of  Rock.  14  et  al) 
32,  psd  71,  77,  S  cone  476,  enr  487  (Chapter  14) 

HB  36,  requiring  the  public  utilities  commission  to  have  an  independent 
risk  analysis  study  conducted  for  the  Seabrook  nuclear  power  plant. 
(Spirou  of  Hil.  27,  Sen.  Splaine) 

New  title:   requiring  the  public  utilities  conunission  to  have  an 
independent  risk  analysis  study  and  a  separate  economic  analysis  study 
conducted  for  the  Seabrook  nuclear  power  plant. 

32,  am  &  Approp  471-472,  rules  suspended,  hearing  notice  475,  psd  477, 
488,  S  study  499,  S  nonconc  504 

HB  37,  establishing  the  ward  lines  in  the  city  of  Keene.   (Baybutt  of 
Ches.  16) 

New  title:   relative  to  the  representative  districts  in  the  city  of 
Keene. 

32,  am  470-471,  psd  475,  S  cone  499,  enr  500,  veto  sustained  (RC) 
523-524 

HB  38,  establishing  a  task  force  to  reconsider  certain  unemployment 

compensation  claims  and  making  an  appropriation  therefor.   (Spirou  of 

Hil.  27  et  al) 

66,  study  467-468,  847 

HB  39,  establishing  the  ward  lines  in  the  city  of  Concord  and  amending 
the  charter  of  said  city.   (Kidder  of  Mer.  1  et  al) 

66,  am  (RC)  484-486,  psd  488,  S  cone  499,  enr  am  502,  enr  519,  veto  LT 
817,  veto  sustained  (RC)  819 

HB  40,  exempting  certain  sheltered  care  facilities  from  license  fees  and 
increasing  certain  monthly  allowances  and  making  an  appropriation 
therefor.   (Nardi  of  Hil.  27  et  al) 

First  new  title:   relative  to  sheltered  care  facilities  and  certain 
monthly  allowances  and  making  an  appropriation  therefor  and  relative 
to  reducing  the  appropriation  to  the  youth  development  center. 
Second  new  title:   relative  to  sheltered  care  facilities  and  certain 
monthly  allowances  and  making  an  appropriation  therefor,  relative  to 
reducing  the  app'^opriation  to  the  youth  development  center,  and 
relative  to  beano. 

67,  am  &  Approp  467,  rules  suspended,  hearing  notice  475,  Ways  &  Means 
477,  am  519-520,  psd  522,  nonconc  S  am,  conf  836,  rep  adop  (RC) 
842-843,  enr  am,  enr  843  (Chapter  44) 

HB  41,  to  conform  the  unemployment  compensation  law  to  federal 
requirements.   (Skinner  of  Rock.  3A,  Sen.  Freese) 
67,  psd  475,  cone  S  am  503,  enr  am  526,  enr  527  (Chapter  35) 

HB  42,  relative  to  low  income  energy  assistance  and  community  services 
block  grant.   (Baybutt  of  Ches.  16,  LaMott  of  Graf.  6) 
67,  psd  76,  77,  S  cone  476,  enr  487  (Chapter  11) 

HB  43,  relative  to  election  of  representatives  to  the  general  court  from 
Dover.   (Demers  of  Str.  16) 

First  new  title:   relative  to  election  of  representatives  to  the 
general  court  from  Dover  and  Manchester. 

Second  new  title:   relative  to  election  of  representatives  to  the 
general  court  from  Dover  and  establishing  ward  lines  for  the  city  of 
Manchester  and  amending  its  charter. 

490,  am  (3  RC's)  506-516,  psd  522,  S  cone,  enr  528,  veto  LT  817,  veto 
sustained  (RC)  819-820 

HB  44,  allowing  cities  and  towns  to  impose  additional  taxes.   (Spirou  of 
Hil.  27  et  al) 
492,  K  521 

HB  45,  establishing  the  ward  lines  for  the  city  of  Portsmouth  and 
amending  the  charter  of  said  city.   (Sytek  of  Rock.  5) 
New  title:  establishing  the  ward  lines  for  the  city  of  Portsmouth  and 
amending  the  Portsmouth  city  charter;  establishing  the  ward  lines  for 
the  city  of  Manchester  and  amending  the  Manchester  city  charter; 
establishing  the  ward  lines  for  the  city  of  Concord  and  amending  the 
Concord  city  charter;  establishing  ward  lines  in  the  city  of  Nashua; 
and  relative  to  election  of  representatives  to  the  general  court  from 
Keene. 

500,  LT  (RC)  516-517,  am  (RC)  820-834,  psd  834,  S  cone,  enr  835,  veto 
sustained  (RC)  844-845 


NUMERICAL  INDEX  873 


HB  146,  relative  to  fiscal  year  1983  block  grants.   (Kidder  of  Mer.  1) 
intro  &  psd  844,  S  cone,  enr  846  (Chapter  46) 

HB  47,  making  an  appropriation  to  pay  the  claim  of  Sarah  L.  Tirrell. 
(Kidder  of  Mer.  1) 
intro  &  psd  844,  S  cone,  enr  846  (Chapter  4?) 


HOUSE  BILL  OF  INTENT 

HBI  101,  relating  to  the  creation  of  a  semi  autonomous 

vocational-technical  school  system.   (Scranton  of  Ches.  16,  Boucher  of 

Rock.  3) 

67,  study  467,  847 


HOUSE  CONCURRENT  RESOLUTION 

HCR  1,  relative  to  public  participation  in  the  development  and  review  of 
federal  block  grant  plans.   (Baybutt  of  Ches.  16;  Sen.  Kelly) 
intro  &  adop  496,  499,  S  cone  504 

HOUSE  RESOLUTIONS 

HR  1,  adopting  rules  for  the  1981-82  Special  Session.   (French  of  Bel.  1) 
intro,  am  (RC)  &  adop  10-12 

HR  2,  ratifying  actions  of  House  Rules  Committee.   (Baybutt  of  Ches.  16) 
intro  &  adop  12 

HR  3,  relative  to  recording  of  House  sessions.   (Townsend  of  Sul.  1) 
intro  &  adop  12-13 

HR  4,  relative  to  distribution  of  House  journals,  bills  and  joint 
resolutions.   (Header  of  Str.  13) 
intro  &  adop  13 

HR  5,  on  the  death  of  Victor  J.  Joos,  Sr.   (Str.  County  Delegation) 
intro  &  adop  21 

HR  6,  amending  Special  Session  Rule  No.  45.   (Bosse  of  Hil.  1,  Spirou  of 
Hil.  27) 
intro  &  adop  (RC)  21-22 

HR  7,  on  the  death  of  Albert  H.  Dow,  III.   (Smith  of  Hil.  34) 
intro  &  adop  40 

HR  8,  on  the  death  of  Rep.  Noreen  D.  Winkley.   (Appleby  of  Str.  11  et  al) 
intro  &  ^r^op  66 

HR   11,  commending  the  509th  Bomb  Wing.   (Holmes  of  Mer.  14) 
intro  &  adop  489 

HR   12,  on  the  death  of  the  Honorable  Donald  H.  Smith  of  Barrington. 
(Str.  County  Delegation) 
intro  &  adop  499 

HR  13,  relative  to  the  constitutionality  of  the  minimum  business  profits 
tax.   (Dickinson  of  Car.  2) 
intro  &  adop  (RC)  525-526 

HR  14,  on  the  death  of  former  representative  Hilda  F.  Brungot  of  Berlin. 
(Coos  County  Delegation) 
intro  &  adop  526-527 

SENATE  BILLS 

SB  1,  reapportioning  the  state  senate  districts. 
68,  psd  495-496,  499,  enr  500  (Vetoed) 

SB  2,  reapportioning  the  executive  council  districts. 
68,  psd  486,  488,  enr  488  (Chapter  19) 

SB  3.  reapportioning  the  New  Hampshire  congressional  districts. 
31,  psd  471,  475,  enr  475  (Chapter  18) 


874  NUMERICAL  INDEX 


SB  4,  relative  to  competitive  bidding  and  other  procedures  for  major 
state  projects. 
31,  psd  471,  475,  enr  am  487,  enr  488  (Chapter  15) 

SB   5,  relative  to  the  real  estate  commission,  the  board  of  nursing 
education  and  nurse  registration  and  the  liquor  commission. 
19,  am  &  Approp  46-48,  am  70-71,  psd  77,  S  nonconc  476 

SB  6,  authorizing  the  financing  of  health  maintenance  organizations. 
31,  pad  (RC)  71-72,  77,  enr  am  487,  enr  488  (Chapter  16) 

SB  7,  relative  to  the  illegal  purchase  of  alcoholic  beverages  by  minors 
and  licensee  and  permittee  violation  of  liquor  commission  rules. 
31,  am  483,  psd  488,  S  nonconc,  conf  503  (Died) 

SB  8,  relative  to  criminal  commitments  and  involuntary  civil  commitments. 
500,  psd  506,  522,  enr  527  (Chapter  34) 

SB  9,  relative  to  the  sale  of  unvented  space  heaters. 

31,  am  (2  RC's)  472-474,  psd  475,  S  cone  476,  enr  487,  (recalled), 
nonconc  S  am,  conf  (2  RC's)  490-492,  499,  rep  adop  (RC)  517-519,  enr 
527  (Chapter  40) 

SB  10,  establishing  a  dam  maintenance  fund  for  Merrymeeting  Lake  Dam  and 
making  an  appropriation  therefor. 

New  title:  establishing  a  dam  maintenance  fund  for  the  repair  and 
reconstruction  of  state-ovmed  dams. 

18,  am  &  Approp  48-50,  am  71,  psd  77,  S  cone  476,  enr  am  487,  enr  488 
(Chapter  24) 

SB  11,  relative  to  solid  waste  management  districts, 
intro  &  psd  17,  enr  am  17,  enr  18  (Chapter  4) 

SB  12,  correcting  the  omission  in  the  domestic  violence  law  revision  and 
relative  to  the  release  of  delinquent  children  and  children  in  need  of 
services. 

New  title:  correcting  an  omission  in  the  domestic  violence  law 
revision  and  relative  to  the  right  to  recovery  of  expenses  from  the„ 
settlement  community  of  the  parents  of  a  delinquent  child,  neglected 
child  or  child  in  need  of  services. 
31,  am  72-74,  psd  77,  S  cone  476,  enr  487  (Chapter  25) 

SB  14,  relative  to  amending  the  operating  budget. 

New  title:  relative  to  sunset  review  of  the  liquor  commission  - 
administration  and  making  an  appropriation  therefor. 
475,  am  (RC)  477-482,  psd  &  enr  488  (Chapter  7) 

SB  15,  relative  to  the  assessment  of  the  land  use  change  tax. 

31,  am  482-483,  psd  488,  S  cone  499,  enr  am  502,  enr  519  (Chapter  33) 

SB  16,  relative  to  zoning  changes  to  accommodate  manufactured  housing  and 
the  filling  of  vacancies  in  planning  board  membership. 
31,  am  494-495,  psd  499,  S  nonconc  500 

SB  17,  relative  to  games  of  chance  conducted  by  charitable  organizations. 
S  study  8A7 

SB  18,  implementing  the  state  solid  waste  plan. 

68,  am  492-494,  psd,  S  cone  499,  enr  am  502,  enr  519  (Chapter  37) 

SB  19,  relative  to  the  dates  for  the  collection  of  taxes  in  the  city  of 
Dover. 
52,  am  492,  psd,  S  cone  499,  enr  500  (Chapter  28) 

SB  20,  relative  to  legalizing  annual  town  meetings,  granting  zoning 
authority  to  village  districts,  relative  to  commercial  fishing 
activities,  reinstating  a  defunct  corporation,  correcting  certain 
other  provisions  of  the  RSA  and  the  1982  operating  budget. 
New  title:   relative  to  legalizing  annual  town  meetings,  granting 
zoning  aughority  to  village  districts,  reinstating  a  defunct 
corporation,  and  correcting  certain  other  provisions  of  the  RSA  and 
the  1982  operating  budget, 
intro,  am  &  psd  526,  S  cone,  enr  528  (Chapter  41) 

SB  21,  relative  to  off-track  wagering  and  making  an  appropriation 
therefor. 
500,  K  503 


NUMERICAL  INDEX  875 


SB  22,  to  provide  workmen's  compensation  benefits  to  certain  persons  who 
assist  in  search  and  rescue  missions. 
68,  psd  482,  U88,  enr  488  (Chapter  26) 

SB  23,  relative  to  the  tax  on  pari-mutuel  pools. 

New  title:   relative  to  amending  the  operating  budget. 

528,  am  (5  RC's)  531-816,  psd  834,  S  nonconc,  conf  835,  rep  adop  (RC) 

836-842,  enr  843,  studies  84?  (Chapter  42) 

SB  24,  relative  to  the  Pontook  dam  project. 

503,  psd  (RC)  503-504,  522,  enr  527  (Chapter  32) 

SB  25,  relative  to  apportioning  the  New  Hampshire  senate, 
intro  &  psd  835,  enr  843  (Chapter  45) 

SB  26,  relative  to  the  tax  on  pari-mutuel  pools. 
836  (Died) 

SB  28,  legalizing  certain  Grantham  school  district  meetings, 
intro,  psd  &  enr  846  (Chapter  48) 

SB  29,  relative  to  the  Hampton  Village  precinct. 
846  (Died) 


SENATE  CONCURRENT  RESOLUTIONS 


SCR  1,  on  the  death  of  Arthur  M.  Drake, 
intro  &  adop  52 


876 


TABLE  OF  REFERENCES 


From  Chapter  of  1982  Laws 
to  Bill  Numbers 


Chap.  No.   Bill  No 


1 

HB  1 

2 

HE  3 

3 

HB  n 

1) 

SB  11 

5 

HB  6 

6 

HB  7 

7 

SB  14 

8 

HB  17 

9 

HB  19 

10 

HB  23 

11 

HB  42 

12 

HB  21 

13 

HB  29 

in 

HB  35 

15 

SB  4 

16 

SB  6 

17 

HB  16 

18 

SB  3 

19 

SB  2 

20 

HB  14 

21 

HB  8 

22 

HB  13 

23 

HB  33 

24 

SB  10 

Chap.  No. 

Bill  No. 

25 

SB  12 

26 

SB  22 

27 

HB  5 

28 

SB  19 

29 

HB  2 

30 

HB  26 

31 

HB  15 

32 

SB  24 

33 

SB  15 

34 

SB  8 

35 

HB  41 

36 

HB  20 

37 

SB  18 

38 

HB  11 

39 

HB  27 

40 

SB  9 

41 

SB  20 

42 

SB  23 

43 

HB  31 

44 

HB  40 

45 

SB  25 

46 

HB  46 

47 

HB  47 

48 

SB  28