Revision: May 19, 2022, 11:10 a.m.
May 19, 2022
2022-2077-CofC
08/10
Committee of Conference Report on HB 1503-FN, exempting the developer, seller, or facilitator of the exchange of an open blockchain token from certain securities laws and adopting the Uniform Commercial Code relative to controllable electronic records.
Recommendation:
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 replacing all after section 85 with the following:
86 New Subparagraphs; Department of Administrative Services; Division of Procurement and Support Services; Structural Steel Defined. Amend RSA 21-I:11, II by inserting after subparagraph (f) the following new subparagraphs:
(g) "Structural steel" shall mean a product consisting of the elements of the structural frame that are shown and sized in the structural design documents, essential to support the design loads as defined in the 2016 American Institute of Steel Construction (AISC) code of standard practice for steel buildings and bridges 303-16.
(h) "Domestic fabricated structural steel" shall mean an iron or steel product where all manufacturing must take place in the United States, from the initial melting stage, through fabrication, and application of coatings, except metallurgical processes involving the refinement of steel additives.
(i) "Permanently incorporated product" shall mean a product that is required to remain in place at the end of the project contract, in a fixed location, affixed to the public work to which it was incorporated and shall not mean a product that is capable of being moved from one location to another.
(j) "Fabrication" shall mean all manufacturing of iron or steel products, from the initial melting stage, through fabrication and application of coatings, except metallurgical processes involving the refinement of steel additives.
87 New Paragraph; Department of Administrative Services; Division of Procurement and Support Services; Established Preference of American Made Materials in State Contracts. Amend RSA 21-I:11 by inserting after paragraph II the following new paragraph:
III.(a) Notwithstanding any law to the contrary relating to procurement and to the extent permitted by federal law, any contract for construction, reconstruction, alteration, repair, improvement, or maintenance of a public building or public works with the state as a party shall contain a provision that for the permanently incorporated iron, structural steel, and fabricated structural steel used or supplied in the performance of the contract or any subcontract, strong consideration and preference shall be given for iron or steel fabricated in the United States. If the competitive bidding process results in all qualifying factors being equal, the contract shall be awarded to the contractor offering steel fabricated in the United States. In instances where qualifying factors are equal, absent of low price, and using domesticated structural steel, the state may reserve the option to purchase steel fabricated in the United States.
(b) If a court or federal or state agency has determined that any person intentionally affixed a "Made in America" label to structural steel under this paragraph that was not made in the United States or otherwise falsely represented that structural steel under this paragraph was produced in the United States, the department of administrative services shall withhold contract payment until the structural steel can be replaced, or the noncompliance of this paragraph is otherwise remedied. Failure to comply with and/or produce a satisfactory remedy to the state may result in debarment proceedings under RSA 21-I:11-c, III.
(c) If any provision of this paragraph or application thereof is held to be invalid or in conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions or applications which shall be given affect without the invalid provisions or applications, and to this end, the provisions and applications of this paragraph are severable.
88 Effective Date. This act shall take effect January 1, 2023.
The signatures below attest to the authenticity of this Report on HB 1503-FN, exempting the developer, seller, or facilitator of the exchange of an open blockchain token from certain securities laws and adopting the Uniform Commercial Code relative to controllable electronic records.
Conferees on the Part of the Senate Conferees on the Part of the House
_________________________________________ _______________________________________
Sen. French, Dist. 7 Rep. Hunt, Ches. 11
_________________________________________ _______________________________________
Sen. Carson, Dist. 14 Rep. Potucek, Rock. 6
_________________________________________ _______________________________________
Sen. Cavanaugh, Dist. 16 Rep. Osborne, Rock. 4
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Rep. McAleer, Carr. 7
2022-2077-CofC
This bill exempts the developer, seller, or facilitator of the exchange of an open blockchain token from certain securities laws. This bill also adopts the Uniform Commercial Code on controllable electronic records. This bill also establishes the requirement and fraud processes, for the use of American made steel products in state public works projects.