State of
HOUSE RECORD
Second Year of
the 160th General Court
Calendar and
Journal of the 2008 Session
Vol. 30
HOUSE JOURNAL
No. 12 (cont.)
Wednesday, April 23, 2008
RECESS
Rep. Wallner moved that the House adjourn.
Adopted.
HOUSE JOURNAL
No. 13
Wednesday, April 30, 2008
The House assembled at 1:00 p.m., the hour to which it stood adjourned, and was called to order by the Speaker.
His Excellency, Governor John H. Lynch, joined the Speaker on the rostrum for the day’s opening ceremonies.
Prayer was offered by Guest Chaplain, Reverend Karen Maleri,
Director of Pastoral and Spiritual Care at
Does the Divine One build the plane of life as we fly it? Is wisdom that dynamic? The intelligence of ideas become real as people with courage and faith receive and reflect them. A colleague tells the story of her call to ministry saying that as a kid, she only went to church because one older woman had a gumdrop for her every Sunday. This elder had a hand in shaping a divine call. Who knows what impact your words and actions will have on the course of human history today? Let us listen for that still small voice that begins inside of us and let us bear in mind while political voices cry out, or are silent, that which is greater than us is watching, calling, thinking and creating. Gracious God, help us to listen for Your voice and respond today with openness, compassion and excellence in matters great and small. Amen.
Rep. Brenda Ferland, member from
LEAVES OF ABSENCE
Reps. Arsenault, Carolyn Brown, Peter Cote, Humphries, Stephen Johnson, Lisle, Nordgren, Pearson, Michael Rollo and Solomon, the day, illness.
Reps. Gene Andersen, Bleyler, C. Pennington Brown, Casey, DeJoie, Domingo, Dumaine, Nancy Elliott, Donald Flanders, Hutz, Introne, McLeod, Mooney, Nevins, Rochette, Serlin, Sprague, Francis Sullivan and Wickson, the day, important business.
Reps. Guthrie, John Kelley, David Russell and Stiles, the day, illness in the family.
Rep. Pilotte, the day, death in the family.
IN
Katie Cottrill, granddaughter of Rep. Gottling. Donna Schlachmann, guest of Rep. Flockhart. Diane O’Brien and Haley O’Brien, wife and daughter of Rep. O’Brien. Logan Levesque, Kathy King and Kara Jamillio, daughter and guests of Rep. Levesque. Larry Scott, guest of Rep. Chandler. Kaitlin and Thomas Waterhouse, daughter and son of Rep. Waterhouse. Alan Forster, guest of Rep. Tim Robertson. Sophia Paslaski, guest of Rep. Walz.
Kathryn Coughlin and William Coughlin, students at
SENATE MESSAGES
REQUESTS CONCURRENCE WITH AMENDMENTS
HB 759-FN, relative to administration and enforcement of banking laws. (Amendments printed SJ 4/17/08)
Rep. Reardon moved that the House concur and spoke in favor.
Adopted.
HB 1244, relative to auditable basis policies. (Amendment printed SJ 4/24/08)
Rep. Reardon moved that the House concur and spoke in favor.
Adopted.
HB 159, establishing an interbranch criminal and juvenile justice council. (Amendment printed SJ 4/17/08)
Rep. William Knowles moved that the House concur and spoke in favor.
Adopted.
HB 1132, creating an exception to the wiretapping statute for a recording device used in conjunction with a TASER or other similar electroshock device. (Amendment printed SJ 4/17/08)
Rep. William Knowles moved that the House concur and spoke in favor.
Adopted.
HB 678-FN, establishing a committee to study issues related to cochlear implants. (Amendment printed SJ 4/10/08)
Rep. Rous moved that the House concur and spoke in favor.
Adopted.
Rep. Gail Morrison declared a conflict of interest on HB 678-FN, and did not participate.
HB 1367, relative to the conversion to a new state financial accounting and statewide budget system. (Amendment printed SJ 4/17/08)
Rep. Marjorie Smith moved that the House concur.
Rep. Peter Franklin spoke in favor.
Adopted.
HB 858-FN, relative to discount medical plan organization. (Amendment printed SJ 4/24/08)
Reps. Rosenwald and Marjorie Smith moved that the House concur.
Rep. Rosenwald spoke in favor.
Adopted.
HB 1607-FN, relative to firefighter services leave for state employees. (Amendment printed SJ 4/10/08)
Rep. Gorman moved that the House concur and spoke in favor.
Adopted.
HB 1168, relative to acceptance of property donated to towns and village districts. (Amendment printed SJ 4/17/08)
Rep. Theberge moved that the House concur, spoke in favor and yielded to questions.
Adopted.
Rep. Mickelonis did not vote and notified the Clerk that he wished to be recorded against.
HB 1307, making technical corrections to town audit and reporting requirements. (Amendment printed SJ 4/17/08)
Rep. Theberge moved that the House concur and spoke in favor.
Adopted.
HB 1601-FN-A, relative to funding for certain capital projects of the Pease development authority. (Amendments printed SJ 4/24/07)
Reps. Bouchard, Marjorie Smith and Spang moved that the House concur.
Rep. Bouchard spoke in favor.
On a division vote, 255 members having voted in the affirmative and 56 in the negative, the motion was adopted.
HB 295, relative to fuel quality standards and testing requirements for combustion of biomass and biomass fuel. (Amendment printed SJ 4/10/08)
Rep. Kaen moved that the House concur and spoke in favor.
Adopted.
HB 1235, relative to motorist duties when approaching highway emergencies. (Amendment SJ 4/10/08)
Rep, Ryan moved that the House concur and spoke in favor.
Adopted.
HB 1141, establishing a committee to study parking for wheelchair-lift vans. (Amendment printed SJ 4/10/08)
Rep. Ryan moved that the House concur and spoke in favor.
Adopted.
HB 1335, establishing a commission to study the effects of
post-traumatic stress disorder and traumatic brain injury suffered by
Rep. Roberts moved that the House nonconcur and request a Committee of Conference.
Adopted.
The Speaker appointed Reps. Roberts, Howard, Coughlin and Baldasaro.
ETHICS GUIDELINES
Rep. Janet Wall, Vice Chair of the Legislative Ethics Committee addressed the House. Proposed amendment to the Guidelines will be the subject of a future Public Hearing.
COMMITTEE REPORTS
CONSENT CALENDAR
Rep. Wallner moved that the Consent Calendar with the relevant amendments as printed in the day’s House Record be adopted.
SB 492, relative to persons designated to fill vacancies on the ballot, removed by Rep. Winters.
Consent Calendar adopted.
Reps. Emerton and Leishman declared a conflict of interest on SB 400, and did not participate in the vote on the Consent Calendar.
Rep. Coughlin declared a conflict of interest on SB 335 and SB 488 and did not participate in the vote on the Consent Calendar.
SB 389, relative to privileged communications between health care providers and minor children. INEXPEDIENT TO LEGISLATE.
Rep. Jayne E. Spaulding for Children and Family Law: This bill would allow a minor child of any
age to have a confidential relationship with his or her physician, therapist,
or attorney. The unintended consequences
of this bill are broad. For example,
parents of a toddler could be excluded from discussing the child’s medical
condition with the pediatrician. The
committee unanimously felt that NH case law should deal with such cases on an
individual basis and not through legislation. Vote 15-0.
SB 483, establishing a committee to study in-home intervention and counseling services for families and children charged with a crime or designated in need of services by the juvenile court. OUGHT TO PASS WITH AMENDMENT.
Rep. Mary E. Walz for Children and Family Law:
Amendment (1426h)
Amend the bill by replacing section 1 with the following:
1 Committee Established. There is established a committee to study options for and effectiveness of in-home intervention and counseling services for families and children charged with a crime or designated as in need of services by the juvenile court.
Amend the bill by replacing section 3 with the following:
3 Duties. The committee shall study options for, and effectiveness of, in-home intervention and counseling services for families and children charged with a crime or designated as in need of services by the juvenile court. The committee shall:
I. Identify the type of in-home intervention and counseling services that are available in such cases.
II. Assess the duration, scope, and timeliness of such services.
III. Assess barriers to the provision of such services through the state.
IV. Assess the effectiveness of services received, the long-term recidivism rate of persons receiving in-home intervention and counseling services, and the net cost of services.
SB 323-FN, repealing a provision relative to the calculation of multiple concurrent or consecutive sentences of imprisonment. OUGHT TO PASS.
Rep. William V. Knowles for Criminal Justice and Public Safety: This bill repeals a provision of RSA
651-A:6. Terms of release, which makes
reference to RSA 651:3 III which was repealed in 1973 and made reference to an
offense committed by an inmate while confined, or attempted escape. It was of the era when consecutive sentences
were not used as they are today. If
someone was convicted of committing numerous crimes, that person was usually
sentenced to several sentences that were grouped together and rather than serve
each sentence individually, they were served concurrently or all at the same
time. If a prisoner tried to escape or
commits a felony while confined, the statute we are repealing allowed the state
to add the new penalty to the original sentence. This is no longer necessary since RSA 642:6. Escape, takes care of these situations. Vote
16-0.
SB 400, relative to the authority of bail commissioners. OUGHT TO PASS.
Rep. John E. Tholl for Criminal Justice and Public Safety: The bill simply does one thing. It clarifies the courts’ position that a bail
commissioner appointed by a court has authority to set bail for an offense
committed anywhere in the state. Vote 16-0.
SB 433, relative to confidential communications between a physician and a patient. OUGHT TO PASS WITH AMENDMENT.
Rep. David A. Welch for Criminal Justice and Public Safety: This bill allows blood samples that may
disclose the presence of illegal drugs in a person arrested for DWI to be used
in court in the same manner as blood samples taken for presence of alcohol can
presently be used. The Senate amendment
had an unforeseen consequence by requiring the sample must have been taken in
connection with the offense for which the person is under investigation. The samples in question are taken in the
normal course of treatment in the emergency room. The committee amendment eliminates the
restriction and allows such blood samples to be tested and the test results can
be obtained by police officers subject to a search warrant, or subpoena from
the court. Vote 16-0.
Amendment (1391h)
Amend RSA 329:26 as inserted by section 1 of the bill by replacing it with the following:
329:26 Confidential Communications. The confidential relations and communications between a physician or surgeon licensed under provisions of this chapter and the patient of such physician or surgeon are placed on the same basis as those provided by law between attorney and client, and, except as otherwise provided by law, no such physician or surgeon shall be required to disclose such privileged communications. Confidential relations and communications between a patient and any person working under the supervision of a physician or surgeon that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with such supervising physician or surgeon. This section shall not apply to investigations and hearings conducted by the board of medicine under RSA 329, any other statutorily created health occupational licensing or certifying board conducting licensing, certifying, or disciplinary proceedings or hearings conducted pursuant to RSA 135-C:27-54 or RSA 464-A. This section shall also not apply to the release of blood or urine samples and the results of laboratory tests for drugs or blood alcohol content taken from a person who is under investigation for driving a motor vehicle while such person was under the influence of intoxicating liquors or controlled drugs. The use and disclosure of such information shall be limited to the official criminal proceedings.
SB 484, establishing a commission to investigate alternatives to incarceration for nonviolent offenders and cost savings related to such alternatives. OUGHT TO PASS WITH AMENDMENT.
Rep. Laura C. Pantelakos for Criminal Justice and Public Safety: It costs $31,546.00 a year to keep a person
in prison. The alternatives such as the
academy program, electronic monitoring, or community service save a substantial
amount. The committee feels we need to
look into alternative sentencing and the cost saving for the state. The amendment adds a district court judge and
family court judge because some counties have very good programs that would be
shared with this commission. Vote 16-0.
Amendment (1318h)
Amend paragraph I of section 2 of the bill by inserting after subparagraph (e) the following new subparagraphs and renumbering the original subparagraphs (f)-(l) to read as subparagraphs (h)-(n), respectively.
(f) The administrative judge of the district court, or designee.
(g) The administrative judge of the judicial branch family division, or designee.
SB 331-FN, establishing new positions and realigning functions at the department of corrections. OUGHT TO PASS WITH AMENDMENT.
Rep. Anne-Marie Irwin for Executive Departments and
Administration: This bill realigns
positions within the department of corrections. It does not create any new positions. At the request of the commissioner of
corrections, this bill eliminates three unfilled positions and establishes two
additional job titles: a professional
standards director and a director of security and training. Both of these unclassified positions will be
funded within the department’s existing budgetary appropriation. The long term goals of the department are
best served by rearranging staff and responsibility within the department to
insure consistency and high standards.
This bill also permits the commissioner to assign prison personnel, such
as physicians and dentists, to any correctional facility. Vote
15-0.
Amendment (1412h)
Amend the introductory paragraph in RSA 21-H:4, V as inserted by section 2 of the bill by replacing it with the following:
V. The professional standards director, under the supervision of the commissioner, who shall:
Amend RSA 21-H:6, III as inserted by section 3 of the bill by replacing it with the following:
III. The commissioner shall nominate for appointment by the governor, with the consent of the council, a professional standards director who shall serve at the pleasure of the commissioner.
Amend the bill by replacing sections 4-5 with the following:
4 Department of Corrections; Qualification and Compensation of Certain Officials. Amend RSA 21‑H:7, I to read as follows:
I. The
commissioner [and], assistant commissioner, professional
standards director, director of security and training, and the division directors
of the department shall be qualified to hold such positions by reason
of education and experience.
5 Department of Corrections; Qualification and Compensation of Certain Officials. Amend RSA 21‑H:7, III to read as follows:
III. The salaries of the commissioner, assistant commissioner, professional standards director, director of security and training, and the division directors of the department shall be as specified in RSA 94:1-a.
Amend RSA 21-H:8-a as inserted by section 7 of the bill by replacing it with the following:
21-H:8-a Assistant
Commissioner; Status in Retirement System.
For purposes of classification under RSA 100-A, the assistant
commissioner, professional standards director, and director of security and
training of the department of corrections shall be considered [a]
permanent [policeman] policemen if [the assistant
commissioner was a] such individuals were permanent
police [member] members of group II for at least 10
years prior to appointment [as assistant commissioner] in
their respective positions, and [continues] continue to be certified
as [a] police [officer] officers under RSA 188-F:26 and
188-F:27.
Amend section 8 of the bill by replacing paragraph II with the following:
II. The positions of professional standards director and director of security and training established in this act shall only be staffed if funding is available within the department’s existing budgetary appropriations for the biennium ending June 30, 2009.
Amend the bill by replacing section 9 with the following:
9 Department of Corrections; Transfer Authority. Notwithstanding any provision of law to the contrary, and for the biennium ending June 30, 2009, the commissioner of the department of corrections may make transfers within and among class lines to fund the positions of professional standards director and director of security and training established in this act.
AMENDED ANALYSIS
This bill:
I. Establishes the unclassified positions of professional standards director and director of security and training within the department of corrections.
II. Establishes appointment procedures for the professional standards director, director of security and training, physicians, and dentists, and permits the commissioner of the department of corrections to assign or reassign wardens, physicians, or dentists to any correctional facility.
III. Is a request of the department of corrections.
SB 334-FN, relative to undue influence on real estate appraisals and relative to the quorum of the real estate appraiser's board. INEXPEDIENT TO LEGISLATE.
Rep. James F. Headd for Executive Departments and Administration: The bill, as presented, is speculative at
best. It was intended to prevent undue
influence on the real estate appraisers’ board, however, undue influence on the
board is not defined and the testimony submitted was anecdotal at best. Nothing was clearly defined, and the
committee was reluctant to legislate on such minimal information. Vote
15-0.
SB 335, allowing certain judges to terminate membership in the judicial retirement plan and elect senior active status. OUGHT TO PASS WITH AMENDMENT.
Rep. Anne-Marie Irwin for Executive Departments and
Administration: This bill allows some
judges to terminate membership in the judicial retirement plan and elect senior
status. The advantage to judges (perhaps
with health issues) is that it allows them to continue to serve as they are
able. Senior status judges are able to
withdraw their contributions to the judicial retirement system and the
interest, but they relinquish all other benefits such as a pension, disability
and death benefits. The advantage to the
state is that the pool of experienced judges is expanded to serve, for example,
on family court and medical malpractice panels.
The amendment states that judges must be in good standing and that they
are eligible after five years of full time, regular service to the court. Vote
16-0.
Amendment (1416h)
Amend the bill by replacing sections 1 and 2 with the following:
1 New Paragraph; Judicial Retirement Plan; Service Retirement. Amend RSA 100-C:5 by inserting after paragraph VI the following new paragraph:
VII. A member who has a minimum of 5 years of creditable service and who is not eligible for a retirement service allowance under this section may retire without a retirement service allowance at any time. Election to retire under this section shall terminate the judge’s membership in the judicial retirement plan and shall irrevocably extinguish the judge’s rights under RSA 491-A:1 and under RSA 100-C:6 and RSA 100-C:7. Election to retire under this section shall entitle the judge to payment of his or her accumulated contributions to the member annuity savings fund, together with any interest that may have accrued at rates determined by the board of trustees.
2 New Paragraph; Retired Judges; Senior Active Status; Compensation; Benefits. Amend RSA 493‑A:1 by inserting after paragraph III the following new paragraph:
IV. In the case of a retired full-time justice, in good standing, of the New Hampshire supreme, superior, district, or probate court who forgoes a retirement service allowance pursuant to RSA 100-C:5, VII and who elects to take senior active status under paragraph I, the justice may serve as provided in paragraph II with compensation under RSA 493-A:1-b limited to per diem payment and expenses. No person who retires under the provisions of this paragraph shall be considered a “retired employee,” as defined in RSA 21-I:30, for purposes of eligibility for state-paid medical and surgical benefits.
SB 348-FN, relative to the certification of forensic counselors by the board of forensic counselors. INEXPEDIENT TO LEGISLATE.
Rep. Francis B. Sullivan for Executive Departments and Administration: This bill calls for
the establishment of a forensic board for the purpose of certification of
forensic counselors, but, it does not provide the oversight needed to regulate
the board or applicants for certification in this growing profession. Much work needs to be done in the areas of
qualification of felons as counselors because of their past experiences and
their ability to relate and counsel offenders returning to society. The committee recognizes the ability of
people to relate to those who have been in similar circumstances, but questions
how certification should be determined.
At this time, the bill at best is patchwork and needs a great deal of
work from experts in the field. Vote 15-0.
SB 420, relative to criminal background checks of health care facilities and certain nurse applicants. OUGHT TO PASS WITH AMENDMENT.
Rep. A. Laurie Harding for Executive Departments and
Administration: This bill requires
applicants for a license to operate a health care facility in
Amendment (1357h)
Amend RSA 151:2-d, I as inserted by section 1 of the bill by replacing it with the following:
I. Every applicant for a license or certification to operate any facility or entity required to be licensed or certified under this chapter shall submit with the initial application for licensure or certification the results of a criminal records check from the department of safety for the applicant, the licensee, or certificate holder if other than the applicant, the administrator, and each household member 17 years of age or older, if any, who reside at the facility for which the application for a license is submitted.
SB 453, relative to the terms of members of the electricians' board. OUGHT TO PASS.
Rep. Ken Hawkins for Executive Departments and Administration: This bill was brought forward at the request
of the Electrician’s Board. It sets a
maximum time limit of 12 years that a person can be on the board and staggers
the terms so member’s terms overlap instead of expiring at the same time. Vote
15-0.
SB 311-FN, extending the statute of limitations for civil actions based upon a sexual assault case. OUGHT TO PASS.
Rep. Bette R. Lasky for Judiciary: This bill extends the statute of limitations
for civil actions based upon sexual assault if the victim was under 18 years
old. The bill extends the time frame to
bring a civil case from 7 to 12 years or 3 years from the time the abused
discovers the assault. Testimony showed
that it can take many years for the victim to be emotionally capable of
confronting the sexual abuse. The filing
of a civil action in these matters often follows the criminal case. With the extension of this statute of
limitations, the civil case can now be brought in a more timely fashion after
the criminal case is adjudicated. Vote 11-0.
SB 488, relative to jurisdiction of the probate courts and superior courts. OUGHT TO PASS.
Rep. Peter S. Espiefs for Judiciary: This bill provides a more expeditious,
flexible and user-friendly jurisdictional relation between the probate and
superior courts. This is accomplished by
giving the two courts concurrent jurisdiction in handling designated subject
matter such as cy pres issues in charitable uses and trusts, durable powers of
attorney, marriage waivers for minors, petitions for partition of real estate,
and ancillary matters. Further
efficiency and savings are achieved by giving the probate court the power of a
court of equity in all cases in which it has subject matter jurisdiction, thus
relieving the superior court of having to adjudicate the equity aspects of a
probate case. The bill is careful to
protect the right to jury trial in the superior court, should it be properly
demanded by a party in any probate court proceedings. It also preserves exclusive superior court
jurisdiction over claims under any statute or regulation for enforcement
through superior court. Vote 15-0.
SB 398, establishing a committee to study municipal boundaries and the laws pertaining to these boundaries. OUGHT TO PASS.
Rep. Eric G. Stohl for Municipal and
SB 407, establishing a committee to study the right of entry upon lands for the purpose of conducting a land survey. OUGHT TO PASS.
Rep. Mary R. Cooney for Municipal and
SB 414, authorizing special elections to fill vacancies in elective town offices. OUGHT TO PASS WITH AMENDMENT.
Rep. Suzanne S. Laliberte for Municipal and
Amendment (1377h)
Amend the bill by replacing section 1 with the following:
1 New Paragraph; Vacancies in Town Offices. Amend RSA 669:61 by inserting after paragraph III the following new paragraph:
IV. The legislative body of a town may adopt or rescind the optional procedure in this paragraph for filling vacancies in elective town offices. If the authorized person or body does not make an appointment to fill the vacancy pursuant to paragraph I within 45 days after at least one legally-qualified person has applied in writing for such appointment, then upon the filing of a petition with the selectmen signed by the number of voters required under RSA 39:3 for the warning of a special town meeting, presented not less than 90 days before the next annual town meeting, the selectmen shall call a special election to fill the vacancy. The special election shall be subject to the provisions of RSA 39:3 and other applicable provisions governing town elections. The person elected at the special election shall serve for a term ending upon the election and qualification of his or her successor. Unless otherwise provided, at the next annual town election, the voters of the town shall elect an officer for the full term provided by law or the balance of an unexpired term provided by law, as the case may be. If the town then refuses or neglects to fill the office, a vacancy shall be deemed again to exist.
SB 474, relative to registers of deeds and reports of county officers. OUGHT TO PASS WITH AMENDMENT.
Rep. Betsey L. Patten for Municipal and
Amendment (1372h)
Amend the bill by replacing section 1 with the following:
1 Recopying Public Records; Gender Neutral. Amend RSA 28:25 to read as follows:
28:25 Authorization. The county commissioners may authorize and direct the register of deeds to make, at the expense of the county, in suitable books, true copies of any of the public records in his or her office which have become so faded, worn out or otherwise defaced that, in his or her judgment, it is necessary they should be copied in order to insure the preservation of such records.
SB 386, relative to service territories served by several telephone utilities. OUGHT TO PASS WITH AMENDMENT.
Rep. Michael A. Kaelin for Science, Technology and Energy: The original bill would have added a
provision to enable cable operators to expand into the territory of small
telephone providers. During the
discussions it was noted that the section of law referenced conflicts with
federal telecommunications law, and that federal law allows the expansion
anyway. By repealing the conflicting
section of
Amendment (1375h)
Amend the bill by replacing all after the enacting clause with the following:
1 Service Territories Served by Certain Telephone Utilities. Amend RSA 374:22-g to read as follows:
374:22-g With More Than 25,000 Access Lines].
I. To
the extent consistent with federal law and notwithstanding any other
provision of law to the contrary, all telephone franchise areas served by a
telephone utility that provides local exchange service [and that has more
than 25,000 access lines], subject to the jurisdiction of the commission,
shall be nonexclusive. The commission,
upon petition or on its own motion, shall have the authority to authorize the
providing of telecommunications services, including local exchange services,
and any other telecommunications services, by more than one provider, in any
service territory, when the commission finds and determines that it is
consistent with the public good unless prohibited by federal law.
II. In determining the public good, the commission shall consider the interests of competition with other factors including, but not limited to, fairness; economic efficiency; universal service; carrier of last resort obligations; the incumbent utility’s opportunity to realize a reasonable return on its investment; and the recovery from competitive providers of expenses incurred by the incumbent utility to benefit competitive providers, taking into account the proportionate benefit or savings, if any, derived by the incumbent as a result of incurring such expenses.
III. The
commission shall adopt rules, pursuant to RSA 541-A, relative to the
enforcement of this section [and RSA 374:22-f].
2 Repeal. RSA 374:22-f, relative to service territories served by several telephone utilities with fewer than 25,000 access lines, is repealed.
3 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill deletes the distinction between certain telephone utilities with more than 25,000 access lines and those with fewer than 25,000 access lines.
SB 308-FN-A, preventing potential double taxation on the identical gross business profits of business organizations. OUGHT TO PASS WITH AMENDMENT.
Rep. Dennis P. Vachon for Ways and Means: It is the understanding of the committee that
SB 308-FN-A was submitted to codify in statute the constitutional prohibition
against double taxation as it relates to business profits, an omission
resulting from the passage of HB 598, Chapter 146 during the 2007 legislative
session which repealed certain relevant language while making changes to the
business profits tax and real estate transfer tax statutes. SB 308-FN-A would have gone beyond either
current case law or department of revenue administration practice by providing
a deduction for business profits taxed to a subsidiary in which the parent
taxpayer business organization had an “equity interest.” The department of revenue administration
estimated that the potential loss of state revenue each year would be $12
million to $15 million based on the loss of taxes on foreign dividends
alone. Current case law on the subject
is reflected in the 1974 case of Concord Inv. Corp. v New Hampshire Tax
Commission which held that double taxation exists where business profits of a
“wholly owned” subsidiary are taxed because the identity of the two taxpayers
are so similar that the incidence of the two taxes would be nearly
identical. The department of revenue
administration, meanwhile, testified that it has been using the “controlling
interest” test for years in determining whether double taxation exits, a test
that is met with a 51% interest plus actual exercise of control over the
subsidiary. SB 308-FN-A with the
proposed amendment would codify the constitutional prohibition against double
taxation by providing the department of revenue administration with
clarification of the legislature’s intent that the deduction be limited to
those instances where the business profits being taxed belong to a subsidiary
that is “wholly owned” by the parent business organization. Vote
14-0.
Amendment (1351h)
Amend the title of the bill by replacing it with the following:
AN ACT preventing potential double taxation on the identical gross business profits of certain business organizations.
Amend the bill by replacing section 1 with the following:
1 New Paragraph; Preventing Potential Double Taxation. Amend RSA 77-A:4 by inserting after paragraph IV the following new paragraph:
IV-a.(a) In the case of a parent business organization, a deduction equal to the apportioned amount of gross business profits of the parent as are derived from one or more actual distributions received from a wholly owned subsidiary, which distributions have already been subject to taxation under this chapter during the same or an overlapping fiscal period.
(b) For this paragraph only:
(1) “Apportioned amount of gross business profits” means the product of the total amount of gross business profits as are derived from actual distributions received by the parent from the wholly owned subsidiary, multiplied by the apportionment fraction of the subsidiary as determined pursuant to RSA 77-A:3, II(a) for the tax period of the subsidiary that includes the date on which actual distributions were paid.
(2) “Parent” means a business organization which is required to file a separate business profits tax return and which owns a 100 percent interest in one or more business organizations each required to file separate business profits tax return and that make actual distributions to the parent.
(3) “Subsidiary” means a business organization which is required to file a separate business profits tax return and which is wholly owned by a parent, as defined in this paragraph.
(c) The purpose of this deduction is solely to prevent unconstitutional double taxation on the identical gross business profits of business organizations which share an identity as is the case of a parent and a wholly owned subsidiary.
AMENDED ANALYSIS
This bill prevents potential double taxation on the identical gross business profits of certain business organizations.
SB 497-FN, relative to the security of bonds or notes issued to the New Hampshire Municipal Bond Bank. OUGHT TO PASS WITH AMENDMENT.
Rep. Norman L. Major for Ways and Means: This bill will allow the treasury department to redirect funds appropriated by the state to a governmental unit in those instances where the governmental unit has defaulted on a bond. Credit rating agencies have been reviewing state intercept programs and have found there is no process for the state treasurer to distribute held funds to the New Hampshire Municipal Bond Bank for the payment of defaulted principal and interest on municipal bonds. Some of the larger insurance companies are no longer bidding for the surety because of no intercept program. This intercept program allows the state treasurer to withhold general state aid payments that would otherwise go to the municipalities and pay these withheld state funds to the New Hampshire Municipal Bond Bank. This prevents the default of one municipal governmental unit from affecting all the other communities who use the bond bank. If a school district defaulted, the treasurer could redirect building aid, catastrophic aid and/or adequacy aid. If a city or town defaulted, the treasurer could redirect meals & rooms and/or revenue sharing. Also, it is important to note that no government unit has ever defaulted. The amendment specifies that only general or education trust funds would be withheld to make debt service payments in the event of default by a municipal government unit. Passing of this bill will benefit all municipal agencies that borrow fund through the NHMBB. Vote 14-0.
Amendment (1460h)
Amend RSA 35-A:24, IV as inserted by section 1 of the bill by replacing it with the following:
IV. Three days after receipt of the certification from the chairman or vice chairman of the bank, the state treasurer shall pay to the bank’s trustee at which such unpaid municipal bond is payable, the amount of such certified overdue payment, to the extent amounts are appropriated from the general fund or the education trust fund and are payable by the state to such governmental unit during the remainder of the fiscal year, together with any amounts payable in accordance with paragraph II hereof. If any portion of such certified overdue payment has not been paid at the close of the fiscal year, the state treasurer shall pay the same as soon as practicable in the next fiscal year to the extent of amounts otherwise then appropriated by the state and payable by the state to such governmental unit during that fiscal year, together with any amounts then payable in accordance with paragraph II.
COMMITTEE REPORTS
REGULAR CALENDAR
SB 464, relative to the number of children in a licensed foster home. INEXPEDIENT TO LEGISLATE.
Rep. Barbara Hull Richardson for Children and Family Law: This bill was introduced on behalf of a family with 6 children who wished to adopt a special needs child. It was learned that this family would be eligible to apply because their oldest child would soon turn 18 years old, leaving only 5 underage children. The committee feels that it would not be helpful to increase the number of children beyond the current limit of 6 in a foster or adoptive home. Under administrative rules, exceptions can be made in certain situations. Vote 12-3.
Committee report adopted.
SB 495-FN, prohibiting Internet solicitation and exploitation of children. OUGHT TO PASS WITH AMENDMENT.
Rep. Stanley E. Stevens for Criminal Justice and Public Safety: This bill increases penalties for possession
of child pornography and for using the internet to entice a child to perform a
sexual act. It also establishes
penalties for manufacturers and distribution of images of a child engaging in
sexual conduct. Finally, it permits law
enforcement to verify the address of a sex offender through in-person contact
at the offender’s home or residence. The
amendment makes two changes. It changes
“under the age of 16 years,” to “under the age of 18 years” to make the age
consistent with other references in the criminal code. The next change adds a penalty to 649A:7, III
to say that any person who violates a court order, or non-disclosure agreement
by recopying, or publishing any visual representation of a child engaging in,
or being engaged in sexually explicit conduct, shall be subject to prosecution under
RSA 649:3. Vote 16-0.
Amendment (1456h)
Amend RSA 649-A:2, I as inserted by section 1 of the bill by replacing it with the following:
Amend RSA 649-A:7, III as inserted by section 3 of the bill by replacing it with the following:
III. Upon a defense motion or by agreement of the parties establishing that it is necessary to copy, photograph, duplicate, or otherwise reproduce such material or property in order to prepare a defense, the court may authorize such action, provided that the court’s order include a protective order prohibiting disclosure of the material or property to any one other than the defendant, his or her attorney, or any individual the defendant may seek to qualify to furnish expert testimony at trial. The court shall require that all such material or property provided to the defense be kept in locked storage. Any person either handling or viewing such material or property shall sign a non-disclosure agreement agreeing to refrain from copying or publishing any visual representation of a child engaging in or being engaged in sexually explicit conduct. Any expert who views any of the images shall certify in writing that he or she has not kept any material which would qualify as an image of child sexual abuse under state or federal law, and that all materials, property, and signed non-disclosure agreements shall be returned to the state at the end of the case. A person who violates the court order or non-disclosure agreement shall be subject to prosecution under RSA 649-A:3.
Amend RSA 645:1, II(a)-(b) as inserted by section 4 of the bill by replacing them with the following:
(a) Such person purposely performs any act of sexual penetration or sexual contact on himself or herself or another in the presence of a child who is less than 18 years of age.
(b) Such person purposely transmits to a child who is less than 18 years of age, or an individual whom the actor reasonably believes is a child who is less than 18 years of age, an image of himself or herself fornicating, exposing his or her genitals, or performing any other act of gross lewdness.
Amendment adopted.
Committee report adopted and ordered to third reading.
SB 478, relative to processing absentee ballots. OUGHT TO PASS.
Rep. Charles F. Weed for Election Law: This bill was requested by city clerks as a
way to improve the efficiency of conducting elections, especially on election
day. There was some concern that opening
the outer envelopes during busy periods on election day might create a ballot
security issue, but the required advance notice and demonstrated integrity of
election officials will avoid security problems. Vote 8-7.
Committee report adopted and ordered to third reading.
SB 309-FN, relative to the regulation of amateur and professional fighting sports by the boxing and wrestling commission. OUGHT TO PASS WITH AMENDMENT.
Rep. Peter B. Schmidt for Executive Departments and
Administration: This bill extends the
oversight powers and responsibilities of the boxing and wrestling commission to
the growing fighting sport called mixed martial arts. It was the committee’s strong opinion that,
regardless of one’s philosophical perspective in regards to such activities, it
is vital to have them overseen and administered by an experienced board
familiar with, and dedicated to, safe, fair and sportsmanship competition. The promulgation of rules to protect
participants and the public should be in the hands of a board with a record of
integrity and recognized competence in this type of activity. Vote
13-2.
Amendment (1415h)
Amend RSA 285:1, III as inserted by section 1 of the bill by replacing it with the following:
III.
“Fighting sports” means professional boxing, and amateur and
professional wrestling, mixed martial arts, kickboxing, or any other form of amateur
or professional sport combat in which blows are struck that reasonably may be
expected to inflict injury.
Amend the bill by replacing section 4 with the following:
4 Amateur Events. Amend RSA 285:9 to read as follows:
285:9 Amateur
Events. All amateur [boxing bouts and
wrestling] fighting sports competitions [to which admission fees are
charged] shall be regulated by the commission, except those conducted by a
school, college or university.
Amend the bill by replacing section 8 with the following:
8 Contestants. Amend RSA 285:15 and 16 to read as follows:
285:15 Examination of
Contestants. No person shall compete [as
a boxer or wrestler] in professional fighting sports
unless such person has been examined, not more than [5] 24
hours before, by a physician licensed to practice under the laws of this
state. The physician shall be in
attendance throughout the [bout] competition for which the
examination was made and shall certify in writing that the contestant is
physically fit to engage in the contest.
The fee shall be paid by the promoter of the [bout or]
fighting sports competition.
Amendment adopted.
Committee report adopted and ordered to third reading.
SB 399, permitting annulment of certain criminal records in the supreme court. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. Stephen J. Shurtleff for the Majority of Judiciary:
Under RSA 651:5 an individual may petition NH district or superior
courts to have the record of an arrest, conviction and sentence annulled. It should be noted that an individual convicted
of a crime of violence is exempt from this statute. The statute omitted the records, although few,
of the NH supreme courts. This bill
would permit the annulment of these records as well, with the exception of opinions
published in
Rep. Nancy J. Elliott for the Minority of Judiciary: The minority is concerned about further expanding the annulment of records for those convicted of a crime. We heard in the public hearing that an individual was almost granted annulment after only 3 years, and while awaiting trial for a further crime. Annulments have gone from around 800 in the late 90’s to over 3,000 at present per year. The minority is all for helping those that have truly turned their lives around to have a fresh start, but perhaps we need to fine tune this a bit. There are concerns that employers and the public have the right to know of prior criminal activity. Additionally, our law makes it a crime to even discuss an event that happened after an annulment. It should not be a crime to tell the truth.
On a division vote, 190 members having voted in the affirmative and 103 in the negative, the committee report was adopted.
Ordered to third
reading.
SB 470, allowing lobbyists and those connected with lobbyists to sit on committees established by the judicial branch. INEXPEDIENT TO LEGISLATE.
Rep. Philip Preston for Judiciary: Lobbyists, and the firms that employ them,
receive substantial income for promoting their clients’ interests, and such
activity may or may not benefit the public. The committee was concerned about their
ability to participate objectively on committees established by the judicial
branch. Although attorneys can and do
provide valuable assistance at various levels of state government, the committee
felt that New Hampshire has an adequate pool of legal talent, so dependence
upon paid lobbyists or their associates was deemed unnecessary and
inappropriate. Vote 16-0.
Committee report adopted.
SB 416, relative to subdivision and site plan regulation waivers. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. Andy Peterson for the Majority of
Municipal and
Rep. Laurie J. Boyce for the Minority of Municipal and
Rep. Boyce spoke
against.
Rep. Martin spoke
against and yielded to questions.
Rep. Cooney spoke in
favor.
On a division vote, 120 members having voted in the affirmative and 195 in the negative, the committee report failed.
Rep. Martin moved Inexpedient to Legislate.
Minority committee report adopted.
Rep. Baroody declared a conflict of interest on SB 416 and did not participate.
SB 259, establishing state appliance and equipment energy efficiency standards. OUGHT TO PASS WITH AMENDMENT.
Rep. William V. Chase for Science, Technology and Energy: This bill establishes state appliance and
equipment energy efficiency standards.
In the interim between the Senate's consideration of the bill and the
consideration by the House, the federal government has set energy efficiency
standards for 7 of the 10 appliances listed in the original bill. The amended version lists only the 3
appliances not covered by the federal regulation. Vote 8-3.
Amendment (1337h)
Amend the bill by replacing section 1 with the following:
1 New Chapter; Minimum Energy Efficiency Standards for Certain Products. Amend RSA by inserting after chapter 339-F the following new chapter:
CHAPTER 339-G
MINIMUM ENERGY EFFICIENCY STANDARDS FOR CERTAIN PRODUCTS
339-G:1 Definitions. In this chapter:
II. “Commission” means the public utilities commission.
III. “Commercial hot food holding cabinet” means a heated, fully-enclosed compartment with one or more solid or glass doors that are designed to maintain the temperature of hot food that has been cooked in a separate appliance. “Commercial hot food holding cabinet” does not include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances.
IV. “Electricity ratio” means the ratio of furnace electricity use to total furnace energy use. Electricity ratio = (3.412*EAE)/(1000*EF + 3.412*EAE) where EAE (average annual auxiliary electrical consumption) and EF (average annual fuel energy consumption) are defined in Appendix N to subpart B of part 430 of title 10 of the Code of Federal Regulations and EF is expressed in millions of BTUs per year.
V. “Residential furnace” means a self-contained space heater designed to supply heated air through ducts of more than 10 inches length and which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which:
(a) Is designed to be the principle heating source for the living space of one or more residences;
(b) Is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 BTU per hour; and
(c) Has a heat input rate of less than 225,000 BTU per hour.
VI. “Water dispenser” means a factory-made assembly that mechanically cools and heats potable water and that dispenses the cooled or heated water by integral or remote means.
339-G:2 Applicability.
I. The provisions of this chapter apply to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed in the state:
(a) Bottle-type water dispensers;
(b) Commercial hot food holding cabinets; and
(c) Residential furnaces.
II. The provisions of this chapter do not apply to:
(a) New products manufactured in the state and sold outside the state;
(b) New products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state;
(c) Products installed in mobile manufactured homes at the time of construction;
(d) Products designed expressly for installation and use in recreational vehicles; or
(e) Residential furnaces that use natural gas or propane and that are installed as replacements for previously installed furnaces.
339-G:3 Minimum Energy Efficiency Standards.
I. Bottle-type water dispensers designed for dispensing both hot and cold water shall not have standby energy consumption greater than 1.2 kilowatt hours per day, as measured in accordance with the test criteria contained in Version 1.1 of the United States Environmental Protection Agency’s “ENERGY STAR Program Requirements for Bottled Water Coolers,” except that units with an integral, automatic timer shall not be tested using Section D, “Timer Usage,” of the test criteria.
II. Commercial hot food holding cabinets shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume, as determined by the “idle energy rate-dry test” in ASTM F2140-01, “Standard Test Method for Performance of Hot Food Holding Cabinets” published by ASTM International. Interior volume shall be measured in accordance with the method shown in the United States Environmental Protection Agency’s “ENERGY STAR Program Requirements for Commercial Hot Food Holding Cabinets” as in effect on August 15, 2003.
III.(a) Residential furnaces shall comply with the following Annual Fuel Utilization Efficiency (AFUE), and electricity ratio:
Product Type Minimum Maximum electricity
AFUE Ratio
Natural gas- and propane- 90 percent 2.0 percent
fired furnaces
(b) The commission may adopt rules to exempt compliance with the residential furnace AFUE standards at any building, site or location where complying with the standards would be in conflict with any local zoning ordinance, building or plumbing code, or other rule regarding installation and venting of residential furnaces.
339-G:4
I. After December 31, 2008, no new bottle-type water dispenser or commercial hot food holding cabinet shall be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards in RSA 339-G:3. After December 31, 2009 no new bottle-type water dispenser or commercial hot food holding cabinet shall be installed in the state unless the energy efficiency of the new product meets or exceeds the efficiency standards in RSA 339-G:3.
II. Within 6 months after the effective date of this section, the commission, in consultation with the attorney general, shall determine if implementation of state standards for residential furnaces requires a waiver from federal preemption. The commission shall make separate determinations for each part of the state standards including minimum Annual Fuel Utilization Efficiency (AFUE), maximum electricity ratio, and any prescriptive requirements. If the commission determines that a waiver from federal preemption is not needed for any part, then after December 31, 2008, or the date which is one year after the date of said determination, if later, no new residential furnace may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the applicable non-preempted part of the efficiency standards in RSA 339-G:3. If the commission determines that a waiver from federal preemption is required for all or part of the state standards, then the commission shall apply for such waiver within one year of such determination and upon approval of such waiver application, the applicable state standards shall go into effect at the earliest date permitted by federal law. The commission shall certify any determinations and approvals under this paragraph to the secretary of state and the director of the office of legislative services.
339-G:5 Modified and Additional Standards. The commission may establish more stringent efficiency standards for the products listed in RSA 339-G:2, I. Every 2 years, the commission shall propose to the general court new efficiency standards for products not listed in RSA 339-G:2, I. Standards proposed by the commission shall promote energy conservation in the state and be lifecycle cost-effective for consumers who purchase and use the products. The commission may apply for a waiver from preemption in accordance with federal procedures for those products regulated by the federal government. The commission may adopt rules, pursuant to RSA 541-A, necessary to implement the provisions of this section.
339-G:6 Testing. The manufacturers of products listed in RSA 339-G:2,
I shall test samples of their products in accordance with the test procedures established
in this chapter or those specified in the state building code as defined in RSA
155-A. The commission shall adopt by
rule test procedures for determining the energy efficiency of the products listed
in RSA 339-G:2, I if such procedures are not provided for in RSA 339-G:3 or in
the state building code. The commission
shall adopt
339-G:7 Certification and Identification.
I. Manufacturers of new products listed in RSA 339-G:2, I shall certify to the commission that such products are in compliance with the provisions of this chapter. Such certifications shall be based on test results. The commission shall adopt rules, pursuant to RSA 541-A, governing the certification of such products and may coordinate with the certification programs of other states with similar standards.
II. Manufacturers of new products listed in RSA 339-G:2, I shall identify each product offered for sale or installation in the state as in compliance with the provisions of this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The commission shall adopt rules, pursuant to RSA 541-A, governing the identification of such products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards. The commission shall allow the use of existing marks, labels, or tags which connote compliance with the efficiency requirements of this chapter.
339-G:8 Inspections. With prior notice and at reasonable and convenient hours, the commission may cause periodic inspections to be made of distributors or retailers of new products listed in RSA 339‑G:2, I in order to determine compliance with the provisions of this chapter. The commission shall also coordinate with local enforcement agencies regarding inspections prior to occupancy of newly constructed buildings containing new products that are also covered by the state building code.
339-G:9 Enforcement; Penalties. The commission shall cause investigations to be made of complaints received concerning violations of this chapter and shall report the results of such investigations to the attorney general. The attorney general may institute proceedings to enforce the provisions of this chapter. Any manufacturer, distributor, or retailer who violates any provision of this chapter shall be issued a warning by the commission for any first violation. Repeat violations shall be subject to a civil penalty of not more than $250. Each violation of this chapter shall constitute a separate offense, and each day that such violation continues shall constitute a separate offense.
Amendment adopted.
On a division vote, 204 members having voted in the affirmative and 107 in the negative, the committee report was adopted.
Ordered to third reading.
SB 429, relative to driver education courses in other states. OUGHT TO PASS WITH AMENDMENT.
Rep. Jennifer M. Brown for Transportation: There are about 100 to 200 NH students whose
school districts allow them to attend high school in
Amendment (1435h)
Amend the bill by replacing section 1 with the following:
1 Driver Education; Reciprocity. Amend RSA 263:20 to read as follows:
263:20 Driver Education; Reciprocity. The provisions of RSA 263:19 shall not prevent
the issuance of a driver's license to any individual who can produce
satisfactory evidence of completion of an equivalent course of driver
education, approved by the issuing state, provided that the commissioners of
safety and education acting jointly shall determine that such course [is
equivalent to] meets or exceeds the requirements of New Hampshire's driver
education course and provided that [such course] the number of hours of
classroom, behind-the-wheel, and observation instruction provided to the
student meets or exceeds the state's minimum standards, and
that the person’s attendance at the driver education course was facilitated by
a New Hampshire school district or school administrative unit.
AMENDED ANALYSIS
This bill specifies the circumstances under which a driver
education course in another state is equivalent to a
Amendment adopted.
The question now being adoption of the committee report of Ought to Pass with Amendment.
Rep. Ingersoll spoke against.
Reps. Jennifer Brown and Ryan spoke in favor and yielded to questions.
On a division vote, 292 members having voted in the affirmative and 27 in the negative, the committee report was adopted.
Ordered to third reading.
SB 515-FN-A, relative to the combat veteran business tax credit. INEXPEDIENT TO LEGISLATE.
Rep. Dennis P. Vachon for Ways and Means: The committee is unanimous in its support for the brave men and women of this state who choose to serve in the National Guard and are deployed to combat duty. The majority of the committee, however, questions the fairness of using the business tax code to provide a benefit to the limited number of them who own a business. Also, the possibility of actually being deployed is surely part of the planning that goes into the decision to join the reserves, and reservists are compensated by the government during their tour of duty. Senate Bill 515-FN-A would have provided such combat veterans a credit of up to $1,000 a year for two years against their business profits tax and business enterprise tax on income up to $200,000 per year. While the goals of the sponsors are laudable and the committee recognizes that tax policy can be used to influence social behavior, the majority of the committee was not swayed that this bill was accompanied by sufficient public support to justify carving out a special exemption for these individuals. Vote 10-4.
Committee report adopted.
BILL REMOVED FROM THE CONSENT CALENDAR
SB 492, relative to persons designated to fill vacancies on the ballot. OUGHT TO PASS WITH AMENDMENT.
Rep. Shawn N. Jasper for Election Law: This bill came to us as a bill to insure that
if a person is nominated by their party to fill a vacancy and they have already
filed for an incompatible office that they would have to withdraw from the
office they had originally filed. We are
recommending that the bill be amended to make it clear that the person
nominated by a party must accept that nomination. Two further amendments were introduced at the
public hearing. The first is designed to
save the time it now takes to count the many scattered write in votes at town
and school district elections, provides that if a person wishes to have any
write-in votes they may have received counted, they must declare their
candidacy to the clerk prior to the closing of the polls. This requirement would be posted at the
polling places. The final amendment was
crafted to address the issue of the secretary of state being required to spend
many weeks on recounts in which the candidate requesting the recount has no
hope of overturning the results. There
is only one purpose for a recount, under our law, and that is to determine the
winner of an election. Precisely because
we have a paper trail and an open system we have been targeted by those
individuals who wish to test their every election theory, using the secretary
of state’s office as their laboratory.
What the amendment does is to disallow those who have no chance of overturning
election results from holding the secretary of state hostage. In a presidential primary, where there are
delegates at stake, a candidate must have received at least 9 percent of the
vote to have standing to request a recount.
In any other state election a candidate must be within 20 percent of the
winning candidate to request a recount.
We have also made it clear that the secretary of state may require that
the estimated cost of the recount be paid for in advance. Vote
15-0.
Amendment (1223h)
Amend the title of the bill by replacing it with the following:
Amend the bill by replacing all after the enacting clause with the following:
1 Vacancies Among Primary Candidates; No Declaration Filed; Incompatible Offices. Amend RSA 655:32, I to read as follows:
I. In case no
declaration shall be filed by a candidate for any nomination to be voted for at
a primary, the nomination may be made by the appropriate party committee as
provided in this section. The
appropriate party committee shall notify the secretary of state in writing of a
person [they designate] it designates to fill the
vacancy. The person so designated [shall]
may
accept the nomination by, on or before the Wednesday following the
expiration of the period for filing declarations of candidacy as provided in
RSA 655:14 [file], filing with the secretary of state
a declaration of candidacy as provided in RSA 655:17. Any candidate accepting a nomination under
this paragraph who has already filed for an incompatible office as defined in
RSA 655:10 shall withdraw the prior filing.
Any vacancy created by the withdrawal of a filing may be filled pursuant
to this section. If the
candidate is designated for the office of governor, councilor, state senator,
or state representative, he or she shall also file on or before
the Wednesday following the period for filing declarations of candidacy the appropriate
affidavit as provided in RSA 655:29. Any
candidate so designated by a party committee who has not filed all the forms
required by this section within the required period of time shall not have his or
her name printed on the state primary election ballot for that office.
2 Pre-Election Procedure; Statutes Posted. Amend RSA 658:29 to read as follows:
658:29 Statutes Posted. The secretary of state shall prepare and distribute copies of the following RSA sections which the selectmen shall post or cause to be posted outside the guardrail in the polling place at all elections: RSA 654:7-a, RSA 654:7-b; RSA 659:27, RSA 659:30, RSA 659:31, RSA 659:32, RSA 659:34, RSA 659:35, RSA 659:37, RSA 659:38, RSA 659:40, RSA 659:41, RSA 659:60-a, RSA 659:103; RSA 666:4, RSA 666:5, RSA 666:8. In addition, the secretary of state shall include any other statutes or regulations that are required to be posted by state or federal law. The secretary of state may also include statutes or regulations that, in the secretary of state’s judgment, would aid a voter in casting a vote or in contacting the appropriate official if the voter believes that his or her voting rights are being violated.
3 New Section; Counting of Votes; Write-In Candidates. Amend RSA 659 by inserting after section 60 the following new section:
659:60-a Write-In Candidates.
I. A person running for a municipal or school district office as a write-in candidate shall notify in writing the town, city, or district clerk of his or her candidacy prior to the closing of the polls on election day.
II. Write-in votes cast for persons who have provided notice of their candidacy under paragraph I shall be counted and totaled in the same manner as votes cast for candidates listed on the ballot. For write-in votes cast for persons who have not provided notice under paragraph I, the moderator shall count and total all such write-in votes cast for each office and announce the total as “total write-in votes,” “other write-in votes,” or “miscellaneous write-in votes” for that office.
4 State General Election Recounts; Eligibility. Amend RSA 660:1 to read as follows:
660:1 Application. Any candidate for whom a vote was cast for any office at a state general election may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate declared elected is less than 20 percent of the total votes cast in the towns which comprise the office to be recounted. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday following the election. Each candidate requesting a recount shall pay the secretary of state fees as provided in RSA 660:2.
5 State General Election Recounts; Fees. Amend RSA 660:2, IV to read as follows:
IV. If the
difference between the vote cast for the applying candidate and a candidate
declared elected shall be greater than 3 percent of the total votes cast in the
towns which comprise the office to be recounted, the candidate shall pay the
fees as provided in RSA 660:2, III and shall agree in writing with the
secretary of state to pay any additional costs of the recount. The secretary of state may require that the
applying candidate pay the estimated additional costs of the recount prior to
commencing the recount.
6 Number of Recounts. Amend RSA 660:3 to read as follows:
660:3 Number of Recounts. Any candidate for whom a vote was cast for any office at a state general election, provided that the difference between the votes cast for the applying candidate and a candidate declared elected is less than 20 percent of the total votes cast in the towns which comprise the office to be recounted, shall be entitled to apply for only one recount under this chapter, and the declaration made by the secretary of state under RSA 660:6 shall be final, subject to a change in the result following an appeal to the ballot law commission, as provided in RSA 665:8, II. If more than one candidate for the same office in the same district applies for a recount under this chapter, and a recount is completed, such applications shall not result in a second recount.
7 Primary Recounts; Eligibility. Amend RSA 660:7 to read as follows:
660:7 Application. Any person for whom a vote was cast for any
nomination of any party at a state [or presidential] primary may apply
for a recount, provided that the difference between the votes cast for the applying
candidate and a candidate of that party declared nominated is less than 20
percent of the total votes cast for candidates of that party in the towns which
comprise the office to be recounted. Any
person receiving at least 9 percent of the votes cast in any party’s
presidential primary may apply for a recount. The application shall be made in writing to
the secretary of state and shall be submitted no later than the Friday after
the primary for a recount of all ballots cast for such nomination. Each candidate requesting a recount shall pay
the secretary of state fees as provided in RSA 660:2.
8 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill:
I. Requires that a person accepting the designation by a party to fill a vacancy who has already filed for an incompatible office withdraw the prior filing.
II. Requires the moderator to count total write-in votes for an office, rather than votes for every person written in, unless a person has provided notice of a write-in candidacy.
III. Limits the ability of candidates to request recounts.
IV. Authorizes the secretary of state to require advance payment of certain additional recount costs.
Rep. Clemons moved Recommit and spoke in favor.
Adopted.
RESOLUTION
Rep. Wallner offered the following: RESOLVED, 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 Wednesday, May 7, 2008 at 10:00 a.m.
Adopted.
LA
SB 483, establishing a committee to study in-home intervention and counseling services for families and children charged with a crime or designated in need of services by the juvenile court.
SB 323-FN, repealing a provision relative to the calculation of multiple concurrent or consecutive sentences of imprisonment.
SB 400, relative to the authority of bail commissioners.
SB 433, relative to confidential communications between a physician and a patient.
SB 484, establishing a commission to investigate alternatives to incarceration for nonviolent offenders and cost savings related to such alternatives.
SB 331-FN, establishing new positions and realigning functions at the department of corrections.
SB 335, allowing certain judges to terminate membership in the judicial retirement plan and elect senior active status.
SB 420, relative to criminal background checks of health care facilities and certain nurse applicants.
SB 453, relative to the terms of members of the electricians' board.
SB 311-FN, extending the statute of limitations for civil actions based upon a sexual assault case.
SB 488, relative to jurisdiction of the probate courts and superior courts.
SB 398, establishing a committee to study municipal boundaries and the laws pertaining to these boundaries.
SB 407, establishing a committee to study the right of entry upon lands for the purpose of conducting a land survey.
SB 414, authorizing special elections to fill vacancies in elective town offices.
SB 474, relative to registers of deeds and reports of county officers.
SB 386, relative to service territories served by several telephone utilities.
SB 308-FN-A, preventing potential double taxation on the identical gross business profits of business organizations.
SB 497-FN, relative to the security of bonds or notes issued to the New Hampshire Municipal Bond Bank.
SB 495-FN, prohibiting Internet solicitation and exploitation of children.
SB 478, relative to processing absentee ballots.
SB 309-FN, relative to the regulation of amateur and professional fighting sports by the boxing and wrestling commission.
SB 399, permitting annulment of certain criminal records in the supreme court.
SB 259, establishing state appliance and equipment energy efficiency standards.
SB 429, relative to driver education courses in other states.
UNANIMOUS CONSEN
Rep. Larry Brown addressed the House.
OBJECTION
An objection was made to the continuation of unanimous consent by Rep. Larry Brown.
The question now being shall the member be allowed to continue.
On a division vote, 141 members having voted in the affirmative and 161 in the negative, the motion failed.
UNANIMOUS CONSEN
Rep. Splaine addressed the House.
MOTION TO PRINT REMARKS
Rep. Campbell moved that the remarks made by Rep. Splaine be printed in the Permanent Journal.
Adopted.
REMARKS
Rep. Splaine: Thank you, Madam Speaker. Members of the House, I think you will like
this one. You know, this is the first
unanimous consent I have ever asked for in the House because I’ve always been
afraid of……..When I did it in the Senate, at least they always allowed us to speak,
some of the Senators just left. The
timing is not the best for this because we were supposed to have some
additional people at the podium. So just
imagine, Walter Peterson sitting there and the Secretary of State of Nevada and
the Secretary of State of Iowa along with our Secretary of State, Bill
Gardner. They are on their way here
hoping to have been here in time, but they are not quite able to make it from
MOMENT OF SILENCE
A moment of silence was observed in honor and memory of the
Honorable Vivian Desmarais, former member from
RECESS MO
Rep. Wallner moved that the House stand in recess for the purpose of introduction of bills, enrolled bill amendments, enrolled bill reports and receiving Senate messages.
Adopted.
RECESS
(Rep. Batula in the Chair)
ENROLLED BILL AMENDMENT
SB 409, relative to conservation and preservation restrictions. (Amendment printed SJ ________________)
Adopted.
RECESS
(Rep. Wall in the Chair)
ENROLLED BILLS REPORT
The Committee on Enrolled Bills has examined and found correctly Enrolled Senate Bill number 437.
Rep. Hager, Sen. D’Allesandro for the Committee
RECESS
(Rep. Theberge in the Chair)
ENROLLED BILLS REPORT
The Committee on Enrolled Bills has examined and found correctly Enrolled House Bills numbered 211, 717 and 1181, House Joint Resolution number 10 and Senate Bills numbered 142, 322, 347, 360, 364, 367, 368, 375, 404, 423, 447, 461, 489, 498, 506, 520, 521, 529 and 534.
Rep. Hager, Sen. D’Allesandro for the Committee
ENROLLED BILL AMENDMENTS
HB 1295, establishing a commission to study issues relating to stormwater.
Amendment (1562-EBA)
Amend subparagraph I(i) of section 2 of the bill by replacing line 1 with the following:
(i) A representative of the Home Builders & Remodelers Association of
Amend subparagraph I(q) of section 2 of the bill by replacing line 1 with the following:
(q) A member of the New Hampshire Timberland Owners Association, appointed by
Adopted.
HB 1382, adopting the uniform prudent management of institutional funds act.
Amendment (1527-EBA)
Amend section 2 of the bill by replacing line 2 with the following:
RSA 188-D:42, II to read as follows:
Amend the introductory paragraph of RSA 292-B:4, I as inserted by section 1 of the bill by replacing line 8 with the following:
circumstances, and shall consider the following factors:
Adopted.
HB 1569, relative to the use of drugs on wildlife.
Amendment (1563-EBA)
Amend RSA 207:8-c, IV by replacing lines 1-2 with the following:
IV. This section shall not be construed to limit
employees or agencies of the state or the
Adopted.
HB 1601-FN-A, relative to funding for certain capital projects of the Pease development authority, relative to reporting dates for the instream flow pilot program, and relative to certain requirements under the comprehensive shoreland protection act.
Amendment (1631-EBA)
Amend RSA 483-B:4, XVI(c) as inserted by section 6 of the bill by replacing line 7 with the following:
30 days after the effective date of this subparagraph.
Amend RSA 483-B:4, XVI(c) as inserted by section 16 of the bill by replacing line 8 with the following:
Amend section 23 of the bill by replacing lines 1-2 with the following:
23 Rulemaking. Amend RSA 483-B:17, X to read as follows:
X. Procedures and criteria for permitting under
RSA [483-B:5-a] 483-B:5-b, including
Adopted.
HB 1631-FN, relative to the state purchase of biodiesel fuels.
Amendment (1501-EBA)
Amend RSA 21-I:11, II-a as inserted by section 1 of the bill by replacing line 2 with the following:
RSA 362-A:1-a, I-b, except if such product is unavailable or is more costly than a 100 percent petroleum
Amend RSA 228:24-a, II as inserted by section 2 of the bill by replacing line 2 with the following:
biodiesel, as defined in RSA 362-A:1-a, I-b, except if such fuel is
unavailable or is more costly
Adopted.
SB 336-FN, relative to special number plates for veterans who are former prisoners of war. (Amendment printed SJ ____________)
Adopted.
RECESS
(Rep. Porter in the Chair)
ENROLLED BILLS REPORT
The Committee on Enrolled Bills has examined and found correctly Enrolled House Bills numbered 1601 and 1168 and Senate Bill number 542.
Rep. Hager, Sen. D’Allesandro for the Committee
RECESS