State of
HOUSE RECORD
First Year of
the 161st General Court
Calendar and
Journal of the 2009 Session
Vol. 31 Concord,
N.H. Tuesday, March 24, 2009 No.
25
HOUSE JOURNAL
No. 8 (cont.)
Wednesday, March 11, 2009
Rep. Wallner moved that the House adjourn.
Adopted.
HOUSE JOURNAL
No. 9
Tuesday, March 24, 2009
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 member from
O Lord, give me, I pray, gifts to help me on this important day. The gift of wisdom that I may know what really is right. The gift of insight that I may see what really is true. The gift of thought that I may understand what really is important. The gift of caring that I might know what really is needed by others. The gift of understanding that I might sense what really needs to be done. May these gifts always guide my finger to the red or green button that is pleasing in Your sight. Amen.
Representative Richard Drisko, member from Hollis, led the Pledge of Allegiance.
The National Anthem was sung by Austin Jacobs, a senior at
LEAVES OF ABSENCE
Reps. Belanger, Hackel, Lerandeau, Moody and Sanders, the day, illness.
Reps. Farley, Doreen Howard, Hutz, Susan Price, Joseph Russell, Van Patten and Burton Williams, the day, important business.
INTRODUCTION OF GUESTS
Doris Williams, wife of Rep. Robert Williams. Richard Jacobs and Catherine Kendrick, parents of the singer, guests of the House. Colleen Thornton, Pam Veiga, Bruce Dow, Laura Jodry, Christopher Dunning, Russell Jones and Andrea Montgomery, guests of Rep. Russell Day.
INTRODUCTION OF SPECIAL GUESTS
US Marine, Private 1st Class Richard Ruddy, who just
returned from an eight month tour of duty in
VACATE
Rep. Cooney moved that the House vacate the reference of SB
75, changing the formula for distribution of highway funds in the
Woodsville fire district, to the Committee on Municipal and
Adopted.
The Speaker referred SB 75 to the Committee on Public Works and Highways.
VACATE
Rep. Rosenwald moved that the House vacate the reference of SB 171, relative to competency evaluations, to the Committee on Health, Human Services and Elderly Affairs.
Adopted.
The Speaker referred SB 171 to the Committee on Executive Departments and Administration.
COMMITTEE REPORTS
CONSENT CALENDAR
Rep. Wallner moved that the Consent Calendar as printed in the day’s House Record be adopted.
HB 151, prohibiting an insurer from canceling health care coverage based on the insured's terminal condition, removed by Rep. DiFruscia.
HB 363, eliminating requirements for additional breath tests for blood alcohol content, removed by Rep. Davis.
HB 474-FN, prohibiting the trafficking in persons for the purposes of sexual or labor exploitation, removed by Rep. McGuire.
HB 586-FN, relative to the presence of a law enforcement officer at an administrative license suspension hearing, removed by Rep. Craig.
HB 438, relative to admission into evidence of certain medical bills, reports, and records, removed by Rep. Hagan.
HB 572-FN, making pretrial screening panels optional for parties to a medical injury action, removed by Rep. Hagan.
HB 522, allowing municipalities to adopt a road maintenance property tax credit for resident unit owners in an over-55 condominium community, removed by Rep. Vaillancourt.
HB 364, relative to municipalities' authority to contract with the department of environmental services for dam maintenance, removed by Rep. Bickford.
HB 224, relative to safety provisions for swimming in lakes, removed by Rep. Lockwood.
HB 272, relative to operation of OHRVs on state highways in Coos county, removed by Rep. Carr.
Consent Calendar adopted.
CLERK’S NOTE
The bills removed from the Consent Calendar will be considered after the Regular Calendar – Part II which may be a session day later this week.
HB 131, relative to meetings and reports of the juvenile justice advisory board. OUGHT TO PASS WITH AMENDMENT.
Rep. Deanna S. Rollo for Children and Family Law: This bill adds new members to the juvenile
justice advisory board. It changes the
reporting requirements from annually to biennially, and changes the board’s
duties to meet as necessary, provided they meet at least 4 times per year. Vote
16-0.
Amendment (0804h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to the juvenile justice advisory board.
Amend the bill by replacing all after the enacting clause with the following:
1 Juvenile Justice Advisory Board; Membership; Duties. Amend RSA 621-A:9 through RSA 621-A:11 to read as follows:
621-A:9 Juvenile Justice Advisory Board Established.
I. There is hereby established a juvenile justice advisory board. The board shall act in an advisory capacity and make recommendations to the commissioner relative to programs and services provided to children at the youth development center and the youth services center.
II. The board shall be composed of the following members:
(a) [Three]
Four
members from the house of representatives, one of whom shall be a member of the
house finance committee, 2 of whom shall be members of the children
and family law committee, and one of whom shall be a member of the criminal
justice and public safety committee, appointed by the speaker of the
house of representatives.
(b) One member from the senate, appointed by the president of the senate.
(c) The
director of the unit of juvenile justice services within the department[,
who shall serve as an ex officio member].
(d) [The
commissioner] A representative of the department of health and human services
[or designee, who shall serve as an ex officio member] who
is responsible for mental health services, designated by the commissioner of
health and human services.
(e) The
commissioner of the department of education or designee[, who shall serve as
an ex officio member].
(f) One district or family court judge, appointed by the administrative justice of the district courts.
(g) Two human services administrators, one from an urban county and one from a rural county, appointed by the executive director or other appropriate appointing authority of the New Hampshire Association of Counties.
(h) [Six]
Seven
members, appointed by the governor with the advice and consent of the council,
which shall include 2 members representing the interests of business and
industry, 2 parents of children who are receiving or have received services
from the department, one member of state or local law enforcement, and [one
member] two members from the general public.
(i) One juvenile probation and parole officer, appointed by the commissioner of the department of health and human services.
(j) [One member of the house children and family
law committee, appointed by the speaker of the house.] One member of the commission on juvenile
justice established in RSA 169-H, appointed by the commission.
III. Members of the advisory board shall serve without compensation provided that legislative members shall receive mileage at the legislative rate while attending to the duties of the board.
621-A:10 Terms of Office; Organization.
I. The legislative
members and the members listed in RSA 621-A:9, II(c)—[(f)] (e)
shall serve terms which are coterminous with their terms in office. [The members listed in RSA 621-A:12, II(g)
shall serve for 3 years. Three of the
members listed in RSA 621-A:9, II(h) shall serve for 4 years, and 3] The
remaining members shall serve [for 3 years] 3-year terms.
II. Each appointed
member of the advisory board shall hold office until a successor is appointed
and qualified. The appointment of
successors for the filling of vacancies for unexpired terms shall be by
appointment in the same manner as the original appointment. Non-legislative appointed members shall not
serve more than 2 consecutive terms.
III. The advisory
board shall elect its own chairperson and officers annually. The board shall meet [monthly, or] as
deemed necessary, provided that the board shall meet at least [once every 3
months] 4 times per year.
621-A:11 Duties of the Advisory Board.
I. The advisory board shall act in an advisory capacity to assist the commissioner of the department of health and human services relative to juvenile justice programs and services provided to children at the youth development center and the youth services center. The board may also provide advice and input on fiscal and budgetary matters related to such facilities, the availability of state and federal grants, business partnerships, and other funding sources available to the department for such facilities.
II. Beginning in
December [2000] 2010, and [annually] biennially
thereafter, the board shall submit a written report to the speaker of the
house, the president of the senate, and the governor detailing the activities
of the board and any recommendations made by the board to the department
relative to juvenile justice services.
2 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill adds new members to the juvenile justice advisory board and changes the board’s duties concerning meetings and reports.
HB 195, relative to relocation of a residence of a child. INEXPEDIENT TO LEGISLATE.
Rep. Edward P. Moran for Children and Family Law: This bill would have allowed a parent to
relocate children within 100 miles from the original residence without notice
to the other parent. The committee felt
that present law requiring 60 day notice in most cases is the best practice. Vote
16-0.
HB 342, establishing a commission to study the juvenile court diversion law. OUGHT TO PASS.
Rep. Edward P. Moran for Children and Family Law: On the premise that juvenile diversion
programs are a more effective corrective than incarceration, the commission’s
purpose would be to look at programs across the state, evaluate best practices,
cost savings and societal benefits and report back on same. Vote
16-0.
HB 467-FN, relative to the review and adjustment of child support orders. OUGHT TO PASS.
Rep. Edward P. Moran for Children and Family Law: This bill was requested by the department of
health and human services. It
establishes a mandatory 3-year review and adjustment process for all child
support cases in which support is paid through or assigned to the department of
health and human services pursuant to Title IV-A of the Social Security Act. This bill also requires mandatory notice to
parents. This formalizes current DCSS practices
and brings the state into Federal compliance. Vote 16-0.
HB 504, relative to the termination of guardianship of a minor. OUGHT TO PASS WITH AMENDMENT.
Rep. Daniel C. Itse for Children and Family Law: This bill creates the power of defining
predetermined criteria for terminating temporary guardianships. This is similar to the structure for military
guardianships and protects parental rights. These temporary guardianships shall terminate
when the parent demonstrates by a preponderance of the evidence that the
criteria have been met. Vote 17-0.
Amendment (0920h)
Amend the bill by replacing sections 1 and 2 with the following:
1 Guardianship of Minors; Conduct of Hearing; Criteria for Termination of Guardianship. Amend the introductory paragraph of RSA 463:8, IX to read as follows:
IX. If a parent consents to the appointment of a guardianship, such consent shall be executed by an instrument in writing, signed by the parent, in the presence and with the approval of the court of the county in which the case is pending. The instrument providing such consent may include the circumstances under which guardianship shall no longer be necessary, at which time the parent may petition the court to terminate the guardianship upon a showing that the criteria for termination have been met. The court may designate a person or another court to take the parent's consent on the court's behalf for good cause shown. The court, or its designee, shall also question the consenting parent regarding his or her understanding and knowledge of the nature and consequences if the petition is granted; and to insure that the parent understands he or she has the right to contest the petition. If the court, based on its own determination or its duly certified designee, finds:
2 Termination of Guardianship. Amend RSA 463:15, V to read as follows:
V. The
guardianship of the person shall be terminated upon a showing, by a
preponderance of the evidence, that substitution or supplementation of parental
care and supervision is no longer necessary to provide for the essential
physical and safety needs of the minor [and termination of the guardianship
will not adversely affect the minor’s psychological well-being]. Guardianship shall be terminated if the
moving party demonstrates by a preponderance of the evidence that the
circumstances creating the need for the guardianship are no longer present or
that the criteria for termination of guardianship as stated in the original
order have been met. Nothing
in this section shall preclude the court from awarding supplemental
guardianship based on a relationship that has been maintained for an extended
period of time if the court determines that the supplemental guardianship is in
the best interest of the minor pursuant to RSA 463:8, III.
AMENDED ANALYSIS
This bill clarifies the standard for termination of guardianship of the minor, permits the parent to specify circumstances under which a voluntary guardianship may be terminated, and requires the parties to consent to waive the annual review of the guardianship.
The bill also provides that nothing regarding the process of terminating guardianship shall preclude the court from awarding supplemental guardianship in appropriate cases.
HB 694, adopting the uniform child abduction prevention act. OUGHT TO PASS WITH AMENDMENT.
Rep. Edward P. Moran for Children and Family Law: This bill augments protections afforded by HB
695 by giving courts clear guidelines for child abduction risk factors. It differentiates between nations that are
signatories to international child abduction conventions and those that are
not. It also provides effective
preventive measures and gives protections to victims of domestic violence
through confidentiality provisions. Vote 15-0.
Amendment (0690h)
Amend RSA 458-E:1, IV as inserted by section 1 of the bill by replacing it with the following:
IV. “Child-custody proceeding” means a proceeding in which legal custody, physical custody, parental rights and responsibilities, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, dissolution of civil union as defined by RSA 457-A, determination of parental rights and responsibilities, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence.
Amend the bill by replacing section 2 with the following:
2 Effective Date. This act shall take effect December 1, 2010.
HB 695, adopting the uniform child custody jurisdiction and enforcement act. OUGHT TO PASS WITH AMENDMENT.
Rep. Edward P. Moran for Children and Family Law: This bill, the uniform child custody
jurisdiction and enforcement act, as amended is an improvement over our
existing law. It eliminates jurisdictional
disputes with the federal parental kidnapping prevention act that have caused
confusion. It contains new provisions
for continuing exclusive jurisdiction, clarifies emergency jurisdiction
provisions and has new enforcement language. The family court also favors adoption of this
update.
Vote 17-0.
Amendment (0689h)
Amend RSA 458-A:1, IV as inserted by section 1 of the bill by replacing it with the following:
IV. “Child-custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, dissolution of civil union as defined by RSA 457-A, neglect, abuse, dependency, guardianship, paternity, determination of parental rights and responsibilities, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, children in need of services as defined by RSA 169-D, or contractual emancipation or enforcement under RSA 458-A:22 through RSA 458-A:38.
Amend the bill by replacing section 4 with the following:
4 Effective Date. This act shall take effect December 1, 2010.
HB 31-FN, requiring insurance coverage for certain preventative testing. INEXPEDIENT TO LEGISLATE.
Rep. Edward A. Butler for Commerce and Consumer Affairs: Pap smears are already covered in virtually
all state-regulated health care insurance in NH. If there are self-insured policies that do
not cover such tests, that is not something that we can impact through legislation. Therefore this legislation is unnecessary. Vote
17-0.
HB 100, relative to homeowner's insurance. INEXPEDIENT TO LEGISLATE.
Rep. James F. Headd for Commerce and Consumer Affairs: This bill requires that each event reported
for the purposes of homeowner’s insurance be counted as a single claim even if
the event caused damage in different areas of the property. At the request of the appointed subcommittee,
the insurance department retrieved the original file and determined that there were
two distinct incidents involved. The
first was a wind loss claim that blew off some shingles which occurred on Dec.
15, 2002. The second was a water back up
claim occurring on Jan. 9, 2003. The
insurance department file is very clear indicating two separate incidents. Vote
17-1.
HB 101, prohibiting the use of credit reports for certain insurance purposes. INEXPEDIENT TO LEGISLATE.
Rep. Edward A. Butler for Commerce and Consumer Affairs: This bill would prevent the use of credit
reports to determine rates for automobile and homeowner insurance
policies. Similar bills have come before
this committee in the past. The majority
of the committee believes that the insurance department has successfully shown
that, as a component of rating factors, credit scores are predictive of the
probability of loss and therefore their use should not be prevented. Vote
17-1.
HB 120-FN-L, relative to the installation of carbon monoxide detectors in single and multi-family dwellings. OUGHT TO PASS WITH AMENDMENT.
Rep. Stephen T. DeStefano for Commerce and Consumer Affairs: This bill, as amended, requires the
installation of carbon monoxide detectors in all new construction of single and
multi-family dwellings as well as substantially rehabilitated single and
multi-family dwellings after January 1, 2010.
This bill amends RSA 153:10a and adds carbon monoxide detection devices
to the smoke detector section of the law. Vote 18-0.
Amendment (0103h)
Amend the bill by replacing section 1 with the following:
1 Requiring Carbon Monoxide Detection Devices in Certain Dwellings. Amend RSA 153:10-a to read as follows:
153:10-a [Fire
Protection and Warning] Automatic Fire Warning Devices and Carbon
Monoxide Detection Devices in [Multi-Family] Dwellings.
I. Each unit contained in a multi-unit dwelling shall be equipped with automatic fire warning devices and carbon monoxide detection devices. On every floor level and in each common stairway and in each common hallway of a multi-unit dwelling, there shall be an automatic fire warning device and carbon monoxide detection device.
II. Every single
family dwelling which is built or substantially rehabilitated after January 1,
[1982] 2010, shall be equipped with an automatic fire warning device and
a carbon monoxide detection device.
II-a. Every rental unit as defined in RSA 153:1, IX-a shall be equipped with at least one automatic fire warning device and one carbon monoxide detection device. An automatic fire warning device shall be located in each hallway or area which is adjacent to a sleeping area. The provisions of this paragraph shall be in addition to any requirements under paragraph II. The owner of the rental unit shall be responsible for maintaining the automatic fire warning device and carbon monoxide detection device in a suitable condition.
III. The state
fire marshal may adopt such rules pursuant to RSA 541-A as [he thinks are]
necessary to enforce paragraphs I, [and] II, and
II-a. [He] The
state fire marshal shall either enforce the provisions of this section
or appoint the appropriate municipal authority to enforce the provisions of
this section.
IV. Any party aggrieved by the state fire marshal's interpretation, order, requirement, or direction under the provisions of this section may, within 45 days after the service of notice, appeal to the supreme court under RSA 541.
V. The state fire marshal may grant authority in writing to local fire authorities to issue citations for violations of fire safety rules adopted under RSA 153:10-a and RSA 153:10-b. A citation for violations issued under this paragraph shall carry the penalty set forth in RSA 153:24.
VI. Any ordinance or bylaw enacted by a city, town, village district, or precinct, or any rule or regulation adopted for licensure by a governmental agency which contains more stringent requirements than the provisions of this section shall not be made void by this section and shall remain in full force and effect.
VII. Whenever the
enforcement authority observes a violation of this section, he or
she shall prepare a written notice of violation describing the
substandard condition and specifying a time limit for the elimination of the
violation. The written notice of
violation shall be served by the enforcement authority or [his] the
authority’s designee upon the owner or [his] the owner’s duly
authorized agent or upon the occupant or other person responsible for the
violation. Such notice of violation
shall be served either by certified mail to the last known post office address
or by delivering it personally to such person or persons.
AMENDED ANALYSIS
This bill requires the installation of carbon monoxide detectors in single and multi-family dwellings built or substantially rehabilitated after January 1, 2010.
HB 158, relative to the membership on the healthy kids board. OUGHT TO PASS.
Rep. John B. Hunt for Commerce and Consumer Affairs: This bill will increase the size of the
Healthy Kids board from 17 to 22. Based
on the testimony, the committee feels that healthy kids would benefit from the
increase. Currently 13 of its members
are determined by statute or appointed by the Governor, Speaker or Senate
President and 4 are appointed by the board itself. This bill increases the board appointed
members by 5 for a total of 9. Vote 18-0.
HB 161, repealing protection of uncopyrighted compositions in state law. OUGHT TO PASS.
Rep. John B. Hunt for Commerce and Consumer Affairs: This bill will repeal outdated state laws and
allow compliance with now federally legislated copyright laws. Vote
18-0.
HB 181, relative to disclosure of contaminants prior to the sale of real property. INEXPEDIENT TO LEGISLATE.
Rep. John B. Hunt for Commerce and Consumer Affairs: This bill requires the disclosure of known
contamination of a seller’s property. Realtors
are already required to ask the sellers, and sellers are required to disclose
any contaminants or hazardous waste on the property. The sponsor of the bill was concerned with
Brownfield sites. The committee heard
testimony as to how that is defined and registered with the department of
environmental services, and did not believe that a buyer would mistakenly
purchase a site so designated as a residential property. Vote 18-0.
HB 198, permitting an insured person injured in a motor vehicle accident to obtain damages under his or her own uninsured motorist coverage when the insured's damages exceed the motorist insurance coverage of the person at fault for the accident. INEXPEDIENT TO LEGISLATE.
Rep. Tara G. Reardon for Commerce and Consumer Affairs: This bill would allow "stacking" of
uninsured motorist coverage. (Stacking
is adding together the limits provided on each vehicle or policy within a
household to multiply the available coverage for a claim.) It would require underwriters to re-price the
premiums to cover the added benefit on all policies and increase the price of
auto insurance for all. Consumers have
the ability to buy increased uninsured motorist coverage at any time and we
recommend that insurance consumers consult with their agents to fully
understand how much coverage they have. Vote 18-0.
HB 200, permitting the stacking of medical payments coverage under motor vehicle liability policies purchased by members of the same household. INEXPEDIENT TO LEGISLATE.
Rep. Susi Nord for Commerce and Consumer Affairs: This bill would allow for “stacking” of
med-pay coverage for automobile insurance.
(Stacking is adding together the limits provided on each vehicle or
policy within a household to multiply the available coverage for a claim.) This would be a dramatic change in the way
these policies are underwritten, and add untold complications. Problems arise when there are different
policies and/or companies within the same household such as determining who is
in a household, which company’s policy would be considered primary and
more. The cost of premiums for every
policy would be increased to include the chance that payment would be made for
the collective amount of all people that may reside in a household. The majority of the committee believes that
individuals wishing more med-pay coverage can purchase that coverage now at a
reasonable cost and therefore this bill is not necessary. Vote
17-1.
HB 237, relative to accident and health insurance short-term policies. OUGHT TO PASS WITH AMENDMENT.
Rep. John B. Hunt for Commerce and Consumer Affairs: The bill, as requested by the insurance
department, clarifies the procedures for short-term health insurance
policies. The amendment allows for
variable time periods for these short-term policies so that someone may renew
multiple times up to 540 days of coverage. Vote 18-0.
Amendment (0721h)
Amend the bill by replacing section 1 with the following:
1 Accident and Health Insurance; Short-Term Policies. Amend RSA 415:5, III to read as follows:
III. Nonrenewable,
individual health insurance policies which provide medical, hospital, or major
medical expense benefits for a specified term may be delivered or issued for
delivery to any person in this state[; however,] for purposes of providing short
term, interim coverage only and no such policy shall provide coverage
for a specified term in excess of 6 months, nor shall any such policy be issued
in this state to a person who was previously covered [by more than 2 such
policies] under short term medical policies providing in total more than 540 days
of coverage within the preceding 24-month period.
HB 238, relative to market conduct and enforcement. OUGHT TO PASS WITH AMENDMENT.
Rep. Edward A. Butler for Commerce and Consumer Affairs: This bill, as amended, makes minor
modifications to our insurance statutes:
1)requires, upon request of the insurance department, a response to an
investigation within 10 business days; 2)clarifies the requirement for document
retention if a policy is declined; 3)clarifies the requirements by which
foreign insurance companies can conduct business in NH and defines record
keeping requirements; 4)reinforces that a consumer can appeal a decision under
the Unfair Insurance Practices statute.
Also, there is no time limitation on the ability of the commissioner to pursue
insurance suppliers for alleged unfair practices. Vote 18-0.
Amendment (0653h)
Amend the bill by deleting section 1 and renumbering the original sections 2-7 to read as 1-6, respectively.
HB 244, relative to automobile insurance premiums. INEXPEDIENT TO LEGISLATE.
Rep. John B Hunt for Commerce and Consumer Affairs: By the request of the sponsor, the committee
disposed of this bill. All auto
insurance companies must submit their rating criteria to the insurance
department complete with evidence for that criteria based upon actual claims. Vote
18-0.
HB 329, relative to insurance and civil unions. INEXPEDIENT TO LEGISLATE.
Rep. Edward A. Butler for Commerce and Consumer Affairs: This bill would have included the phrase
‘civil unions’ in certain insurance regulations that refer to married people or
spouses. The language of the civil union
law passed recently states that civil unions will have “all the rights,
responsibilities and obligations of marriage’ in NH. It is believed, therefore, that it is
unnecessary to insert the term ‘civil union’ in each and every statute and
regulation. Rather, the law directs
anyone seeking interpretation to; for example, include a civil union where a
marriage is referred to or, a civil union couple where spouses are referenced. Vote
16-0.
HB 331, relative to advertisements of property and casualty insurance. INEXPEDIENT TO LEGISLATE.
Rep. Stephen T. DeStefano for Commerce and Consumer Affairs: This bill would have established standards of
conduct for insurers and their products advertising property and casualty
insurance. This bill grants rule making
authority to the insurance commissioner and it was requested by the insurance
department. The committee also entertained
a motion to add a new paragraph under RSA 412:4e giving the commissioner
authority for rule making. The committee
felt the commissioner had his rule making authority under RSA 417:4 and RSA
417:5, thus we voted ITL on this bill. Vote 18-0.
HB 336, establishing a committee to study the law regarding insurance coverage for dependent children. INEXPEDIENT TO LEGISLATE.
Rep. Jill Shaffer Hammond for Commerce and Consumer Affairs: This bill, seeking a study committee for
health care of dependent children, was in response to a constituent concern. The constituent had expected to have a young
adult dependent covered for health care by their employer, only to find that
the employer provided benefits under federal ERISA standards, and was not bound
by the NH state insurance mandates. The
proper channel for seeking change for this situation is through our
representation in Congress. Vote 16-0.
HB 359, requiring health care provider bills to state the portion of payment covering costs of the uninsured. INEXPEDIENT TO LEGISLATE.
Rep. Tara G. Reardon for Commerce and Consumer Affairs: This bill would require a health care bill to
include a statement of what portion of the bill was due to the costs of the
uninsured. The sponsor testified that
this information would be valuable as an education tool for the public. The committee heard testimony that the
problem goes beyond the uninsured, but would also have to include the
underinsured, charity care, bad debt that is written off, and Medicare and
Medicaid. No provider that testified had
a mechanism that currently tracks that information, and there was also
discussion regarding whether it would be historical data or another fixed
period of time. Additionally, the data
would be far different for a non-profit hospital serving a lower income demographic
than a for-profit facility in the southern part of the state. The present system of medical billing is done
with nationally recognized codes that indicate the service provided, patient
diagnosis and service procedure codes.
There is no practical way to track the desired information. Vote
17-0.
HB 376, relative to condominium governance. OUGHT TO PASS WITH AMENDMENT.
Rep. David R. Meader for Commerce and Consumer Affairs: This bill, an amendment to the current
condominium statutes, simply requires the owners' association to make minutes
of board meetings available in a timely manner. Vote 17-0.
Amendment (0803h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to condominium association meetings.
Amend the bill by replacing all after the enacting clause with the following:
1 Condominium Act; Minutes. Amend RSA 356-B:37 to read as follows:
356-B:37 Meetings.
I.
Meetings of the unit owners’ association shall be held in accordance
with the provisions of the condominium instruments at least once each year
after the formation of said association.
The bylaws shall specify an officer who shall, at least 21 days in
advance of any annual or regularly scheduled meeting, and at least 7 days in
advance of any other meeting, send to each unit owner notice of the time,
place, and purpose or purposes of such meeting.
Such notice shall be sent by first class
II. The unit owner’s association shall make copies of the minutes of board meetings available to the unit owners within 60 days of the board meeting or 15 days of the date such minutes are approved by the board, whichever occurs first. The unit owner shall be responsible for any copying costs, except that, if the association chooses to make the minutes available electronically, there shall be no charge to the unit owner.
2 Effective Date. This act shall take effect January 1, 2010.
AMENDED ANALYSIS
This bill requires that minutes of meetings of the condominium board of directors be made available to the owners.
HB 416, relative to insurance examinations. OUGHT TO PASS WITH AMENDMENT.
Rep. Donna L. Schlachman for Commerce and Consumer Affairs: This bill clarifies the law relative to
conducting insurance examinations, including how reports are to be filed with
the department of insurance. This bill
also clarifies the law relating to regulation of investments by insurers. The amendment addresses issues of
confidentiality and clears up investment law related to current standards of
practice. Vote 17-0.
Amendment (0794h)
Amend RSA 400-A:37, IV-a(a) as inserted by section 5 of the bill by replacing it with the following:
(a) Except
as provided in subparagraph IV[(c)(2)](d) and in this
subparagraph, all documents, materials, or other information, including, but
not limited to, [all] models or products provided by an entity
separate from and not under direct or indirect corporate control of the company
using the model or product, working papers, complaint logs, and
copies thereof created, produced or obtained by or disclosed to the
commissioner or any other person in the course of an examination made under
this title, or in the course of analysis by the commissioner of the financial
condition or market conduct of a company shall not be made public by the
commissioner or any other person and shall be confidential by law and
privileged, shall not be subject to RSA 91-A, shall not be subject to subpoena,
and shall not be subject to discovery or admissible in evidence in any private
civil action. The commissioner is
authorized to use the documents, materials, or other information in the
furtherance of any regulatory or legal action brought as part of the commissioner’s
official duties.
Amend the bill by replacing all after section 7 with the following:
8 Insurance; Regulation of Investments; Diversification. Amend RSA 411-A:6 to read as follows:
411-A:6 Diversification.
I. An insurer shall not at any one time have any combination of investments in or loans upon the security of obligations, property or securities of any one municipal corporation, institution, person or corporation (other than its lawful subsidiary) aggregating over 10 percent of the insurer’s assets. This shall not apply as to general obligations of, or obligations guaranteed by, the United States, its agencies or government sponsored enterprises, or of any state, or of Canada or any province thereof, or include policy loans made under RSA 411-A:27.
II. An insurer shall not invest in or hold at any one time more than 10 percent of the outstanding voting stock of any corporation, except as to voting rights of preferred stock during default of dividends. This does not apply as to stock of a subsidiary of the insurer acquired under RSA 411-A:13 or to controlling stock of an insurer acquired under RSA 411-A:12, II.
III. An insurer shall invest and have invested at any one time in aggregate amount not more than 10 percent of admitted assets in all stocks, investment in which is permitted under RSA 411-A:11, 411-A:12 and 411-A:14, and not more than 20 percent of its assets in stocks referred to in RSA 411-A:10. For the purposes of this paragraph stocks shall be valued at cost. This provision shall not apply to stock of controlled or subsidiary corporations or money market mutual funds.
IV. An insurer shall not at any one time have more than 50 percent of its assets invested in obligations secured by mortgages of real property, exclusive of that portion of such obligations guaranteed or insured by an agency or government sponsored enterprise of the United States government. For the purposes of this paragraph, mortgages shall be valued at book value.
9 Insurance; Regulation of Investments. Amend RSA 411-A:8, XII to read as follows:
XII. Federal
Home Loan Mortgage Corporation.
XIII.
Any other similar agency of, or
participated in by, the government of the
10 Insurance; Regulation of Investments; Corporate Obligations. Amend RSA 411-A:9 to read as follows:
411-A:9 Corporate Obligations. An insurer may invest in bonds, debentures, notes, mortgage-backed securities, asset-backed securities, and other evidences of indebtedness issued, assumed or guaranteed by any solvent institution created or existing under the laws of the United States or Canada or of any state, district, province or territory thereof, which are not in default as to principal or interest.
11 Insurance; Regulation of Investments; Collateral Loans. Amend RSA 411-A:28 to read as follows:
411-A:28 Collateral
Loans. An insurer may lend its funds
upon the pledge of securities eligible for investment under this chapter. No such loan shall exceed [in amount 80
percent of] the market value of such collateral pledged[, such market
value to be determined as at the time of the loan].
12 Insurance; regulation of Investments; Investments in Foreign Countries. Amend RSA 411-A:29 to read as follows:
411-A:29 Investments in
Foreign Countries. An insurer
transacting business in a foreign country may invest funds, in an aggregate
amount not exceeding its deposit and reserve obligations incurred in such
country, in conformity with the laws thereof in the same kinds of securities
and investments of or in such country as the insurer is authorized to invest in
or acquire under other provisions of this chapter. [Other] In addition to foreign
investments permitted by the preceding sentence, insurers may have not
over [1/2 of one] 10 percent of assets invested in
such securities and investments of or in foreign countries, other than
13 Insurance; Regulation of Investments; Miscellaneous Investments. Amend RSA 411-A:30 to read as follows:
411-A:30 Miscellaneous Investments.
I. [Subject to
the approval of the commissioner,] An insurer may make loans or investments
not otherwise expressly permitted under this chapter and may make loans or
investments in amounts in excess of limits set forth in this chapter, in an
aggregate amount not over 10 percent of the insurer's assets, if such loan or
investment [fulfills the requirements of RSA 411-A:4 and otherwise]
qualifies as a sound investment. No such
loan or investment shall be represented by loans or investments expressly
prohibited by statute or by [rule,] regulation [or order of the
commissioner].
II. The insurer
shall keep a [separate] record of all loans and investments made under
this section.
14 Effective Date. This act shall take effect January 1, 2010.
AMENDED ANALYSIS
This bill clarifies the law relative to conducting insurance examinations, including how reports are to be filed with the department of insurance. This bill also clarifies the law relating to the regulation of investments by insurers.
This bill is a request of the insurance department.
HB 442, relative to the review and amendment of condominium bylaws. INEXPEDIENT TO LEGISLATE.
Rep. Tara G. Reardon for Commerce and Consumer Affairs: This bill would require condominium
associations to meet every four years to review the association’s by-laws and
rules. The bill, as written, does not
set a standard to be complied with, and associations meet regularly for annual
and special meetings, at which time any necessary changes can be proposed. The bill would allow by-laws and rules to be
amended by a majority vote of those attending the annual meeting, which is inconsistent
with RSA, 356-B: 34 which currently requires agreement of at least two-thirds
of the votes of all owners, not just those attending a meeting, to amend
by-laws. Condominium documents dictate
how either the board or association members allow changes to their rules. The committee recognized that any association
could adopt a provision for regular review of documents on their own without requiring
all condominium associations to do the same. Vote 17-0.
HB 492, requiring certification for persons performing radon tests. INEXPEDIENT TO LEGISLATE.
Rep. Stephen T. DeStefano for Commerce and Consumer Affairs: This bill would require only certified
persons to perform radon tests.
Currently buyers can perform this test on their own, but by requiring a
certified person to perform these tests we would needlessly increase the cost
to a home buyer. Vote 17-0.
HB 529-FN, relative to the healthy kids program. OUGHT TO PASS.
Rep. Edward A. Butler for Commerce and Consumer Affairs: This bill simply closes a gap that exists
when kids no longer qualify for healthy kids gold but in the beginning of the
following month, will qualify for healthy kids silver. Currently there is the possibility of a gap
of a few days to as many as three weeks in which there could be no coverage,
during which time a child could go without needed medications or, when there’s
a chronic illness, needed treatments.
This bill requires that health and human services develop the process to
bridge this gap. Vote 17-0.
HB 530-FN, relative to inspection of public buildings for compliance with access standards. OUGHT TO PASS WITH AMENDMENT.
Rep. Susi Nord for Commerce and Consumer Affairs: This bill establishes a procedure for the
inspection and enforcement of the access standards required in all public
buildings. The current building code
includes the Americans with Disabilities Act federal standards for
accessibility, however some building and code inspectors are not yet familiar
enough with these standards, and so the law is not being complied with when new
plans are built and approved. HB 530
would require any individual engaged in the business of inspecting public
buildings for compliance with the state building code to successfully pass an
International Code Council examination that covers the access standards
contained in the state building code. It
gives individuals with disabilities standing to question compliance to the
accessibility portions of the current state building code should a question
arise as to the compliance of any new public building or significantly renovated
public building. The committee feels it
is entirely reasonable to expect building inspectors to be familiar with the
requirements of the code that they are charged with inspecting for
compliance. This bill makes no changes
to the code itself, it is simply concerned with making sure inspectors are informed
in order to perform their duties. Vote 17-0.
Amendment (0405h)
Amend the bill by replacing all after the enacting clause with the following:
1 State Building Code; Access Standards for Public Buildings. RSA 155-A:5 is repealed and reenacted to read as follows:
155-A:5 Access Standards for Public Buildings.
I. All public buildings governed by RSA 155-A:2, I shall comply with the access standards in the state building code. For purposes of this section, public buildings are those covered by the “public access” definition in RSA 155:65, X.
II. Upon the completion of new construction, additions, or alterations of a public building, the owner of the building shall be responsible for acquiring a certification from an inspector certified under RSA 155-A:5-a that the building meets the access standards required by this section.
III. In addition
to other enforcement authority granted in this chapter, the protection and
advocacy system for
IV. Any individual with a physical impairment who is adversely affected by the failure to adhere to the requirements of paragraph I shall have a private right of action against the owner pursuant to the procedure established in paragraph III, including the right to court costs and reasonable attorney’s fees as the prevailing party.
V. Any owner of a public
building who is found by a preponderance of the evidence in a proceeding under paragraph
III or IV to have knowingly violated the access standards of the state building
code shall be subject to a civil penalty.
The penalties shall be the same as those established by RSA
155-A:8. All civil penalties shall be
paid into the general fund. The party
bringing the action shall be entitled to reasonable attorney’s fees and costs
if it prevails as defined in paragraph III.
2 New Section; Certification of Building Inspectors and Penalty. Amend RSA 155-A by inserting after section 5 the following new section:
155-A:5-a Certification of Building Inspectors and Penalty.
I. Any individual
engaged in the business of inspecting public buildings for compliance with
access standards required by RSA 155-A:5 shall successfully pass an
International Code Council examination that covers the access standards
contained in the state building code prior to certifying that a building
complies with RSA 155-A:5, I. All
inspectors shall complete 2 hours of continuing education related to
accessibility codes every 5 years and be able to produce proof of continuing
education upon demand.
II. Whoever falsely claims to be certified under this section through advertising, signage, or verbal representation shall be guilty of a violation if a natural person, or guilty of a class B misdemeanor if any other person.
3 Applicability. Nothing in RSA 155-A:5 as inserted by section 1 of this act shall require the owner of a public building to obtain a certification for the new construction, additions, or alterations of a public building completed before the effective date of this act.
4 Effective Date. This act shall take effect January 1, 2010.
AMENDED ANALYSIS
This bill requires public buildings to meet access standards contained in the state building code and establishes a procedure for the inspection and enforcement of the access standards in new construction.
HB 535, requiring dwelling units to have functioning smoke detectors upon their sale or transfer. INEXPEDIENT TO LEGISLATE.
Rep. Stephen T. DeStefano for Commerce and Consumer Affairs: This bill would require the seller to certify
in writing that the building is equipped with functioning, approved, automatic
fire warning devices. The committee felt
that most real estate transactions in the state involve a home inspection that
tests the system and that the question of liability and length of time after
the transfer were vague. Vote 16-0.
HB 605, relative to employment of minors by liquor licensees. INEXPEDIENT TO LEGISLATE.
Rep. Edward A. Butler for Commerce and Consumer Affairs: This bill would have required businesses that
sell alcoholic beverages to raise the age of the manager in charge from 18 to
21 during the hours that alcohol is sold.
The committee heard testimony from small businesses, primarily
convenience stores, for whom this would be very difficult. There was some discussion of training
programs that could be required to help impress on these young people the
responsibility, and the penalties, regarding selling of alcohol to minors. The liquor commission didn’t offer such a
program during deliberations on this bill. Vote 18-0.
HB 618, relative to identification required by banks. INEXPEDIENT TO LEGISLATE.
Rep. David J. Palfrey for Commerce and Consumer Affairs: This bill would limit a financial institution
to being able to require only one form of identification from a payee when a
negotiable instrument is presented to it for payment. There are many situations when one form of
identification would not offer sufficient verification of the identity of the
presenter such as identification lacking a photograph of the individual. An additional form of identification would
offer more reasonable verification of identity.
Insufficient identification could increase the possibility of fraud
leading to financial loss to the financial institution. Vote 18-0.
HB 659-FN, relative to insurance fraud. INEXPEDIENT TO LEGISLATE.
Rep. Joel F. Winters for Commerce and Consumer Affairs: In this bill, requested by the insurance
department, penalties for forging insurance documents would be enhanced and
insurance companies would be required to turn over various documents relating
to insurance fraud. Because the
department can already get these documents from the police departments, the
committee was not convinced that these new powers were needed. Excessive penalties - up to fifteen years in
prison - were also proposed for anyone knowingly putting false information on
an insurance application. Vote 18-0.
HB 680, making technical changes in the insurance laws. OUGHT TO PASS WITH AMENDMENT.
Rep. Edward A. Butler for Commerce and Consumer Affairs: The primary section of this bill will now
require insurance companies to identify the parent company, as well as the
affiliate - which is likely the company name that the consumer knows - in
communications with the consumer. The
committee felt that it may be important and useful for the consumer to know who
the parent company is. Other sections of
this bill: clarify public disclosure of policy form filings, require consent of
the policyholder if there are changes to the policy midterm, and require
notification by mail if a policy is cancelled or non-renewed. Vote
17-0.
Amendment (0845h)
Amend RSA 402:12, II as inserted by section 1 of the bill by replacing it with the following:
II. All written communication from an insurer to its policyholders or insureds,
excluding any advertisements, shall identify the name of the insurer as it
appears on the insurer’s application filed with the NAIC for a company code
number. If an insurer is part of a group
of affiliated insurers, the group name may appear in addition to the name of
the individual insuring company, but the group name shall not be used in lieu
of the legal name of the individual company.
Amend RSA 405:12, II as inserted by section 2 of the bill by replacing it with the following:
II. All written communication from an insurer to its policyholders or insureds,
excluding any advertisements, shall identify the name of the insurer as it
appears on the insurer’s application filed with the NAIC for a company code
number. If an insurer is part of a group
of affiliated insurers, the group name may appear in addition to the name of
the individual insuring company, but the group name shall not be used in lieu
of the legal name of the individual company.
Amend the bill by replacing section 7 with the following:
7 Unfair Insurance Practices; Changes in Coverage. Amend RSA 412:6-a to read as follows:
412:6-a [Notice
Requirement] Changes in Coverage.
I. In the event that a company or filing or advisory organization eliminates or reduces coverages, conditions, or definitions in its policies issued under this section other than at the request of a policyholder, the company shall attach to the policy a printed notice in each such policy explaining clearly what coverages, conditions, or definitions have been eliminated or reduced. If explanations of such reduced or eliminated coverages are not contained in the printed notice attached to its policies, then such coverages, conditions, or definitions shall remain in full force and effect without such reductions or eliminations.
II
. Except as provided in paragraph III, no insurance policy renewal shall add
any stand-alone, premium bearing coverage unless such coverage is added at the
request of the policyholder or is due to a requirement imposed by law.
III. If the policyholder has not requested that
new premium bearing coverage be added to a policy upon renewal, but such
coverage is added because the company is replacing coverage or a policy that
the company no longer offers, the company shall provide a printed notice
explaining clearly what coverage has been added and how to obtain information
concerning premium impact.
IV. The requirements of this section shall apply to such policies renewed or endorsed with the same company, or a group of companies affiliated by ownership or contractual relationship encompassing joint operations or processes as filed and approved by the commissioner.
Amend the bill by deleting section 11 and renumbering the original sections 12-16 to read as 11-15, respectively.
Amend the bill by replacing section 15 with the following:
15 Effective Date.
I. Sections 1 and 2 of this act shall take effect January 1, 2010.
II. Section 6 of this act shall take effect upon its passage.
III. The remainder of this act shall take effect 60 days after its passage.
HB 692, relative to emergency generators in manufactured housing parks. INEXPEDIENT TO LEGISLATE.
Rep. Susi Nord for Commerce and Consumer Affairs: This bill was a result of the sponsor's
helping manufactured housing park constituents during a recent ice storm with
an emergency generator. The park was
without water and this bill was an attempt to put into statute that
solution. Unfortunately the solution was
not a one-size-fits-all fix, and could not be efficiently and affordably
replicated for all manufactured housing parks in the state. The committee believes that forcing all parks
to supply generators to run the pumps in community wells regardless of other
factors could create unintended consequences with negative repercussions for
parks with different circumstances. It could
also create a hardship for the tenants who ultimately pay for the expense in
their park fees. Vote 16-1.
HB 214, establishing a commission to study health care services in correctional facilities and relative to regulation of prescription medication interruptions by corrections staff and access to inmates by medical, mental health, and social services providers. OUGHT TO PASS WITH AMENDMENT.
Rep. Laura C. Pantelakos for Criminal Justice and Public Safety: The bill establishes a
commission to study health care services in the correctional facilities, which
is a recommendation of the ongoing commission to develop a comprehensive state
mental health plan. This new commission
will have a specific focus and submit an annual report. Vote 18-0.
Amendment (0299h)
Amend the title of the bill by replacing it with the following:
AN ACT establishing a committee to study health care services in correctional facilities and the issue of access to inmates by medical care, mental health care, and substance abuse treatment providers.
Amend the bill by replacing all after the enacting clause with the following:
1 Committee Established. There is established a committee to study health care services in correctional facilities and the issue of access to inmates by medical care, mental health care, and substance abuse treatment providers.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Five members of the house of representatives, appointed by the speaker of the house of representatives as follows:
(1) One member from the children and family law committee.
(2) One member from the finance committee.
(3) One member from the health, human services and elderly affairs committee.
(4) Two members from the criminal justice and public safety committee.
(b) One member of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall:
I. Review the standards of health care provided to inmates in state and county correctional facilities and municipal jails, and to children in juvenile detention facilities, including the issue of access to inmates or children by health care, mental health care, or substance abuse treatment services providers.
II. Study the provision of health care, mental health care, and substance abuse treatment services provided to inmates in state and county correctional facilities and municipal jails, and to children in juvenile detention facilities.
III. Consult, as needed, with experts and other professionals with relevant knowledge or expertise to assist in carrying out the committee’s objective.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2010.
6 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill establishes a committee to study health care services in all state and county correctional facilities and municipal jails, and to children in juvenile detention facilities, including the issue of access to inmates by health care, mental health care, and substance abuse treatment services providers.
HB 220, relative to civil proceedings for forfeiture of animals. INEXPEDIENT TO LEGISLATE.
Rep. Lori A. Movsesian for Criminal Justice and Public
Safety: This bill requires that animals
be taken into custody when a person is charged with cruelty to animals. Current law RSA 644:8, already allows for
animals to be confiscated by the arresting officer. This bill would allow the animal owner, who
is subject to a criminal complaint, only 14 days to prepare a defense to a
civil forfeiture petition if one were filed. Vote 17-2.
HB 278-FN, relative to the penalty for mistreating service animals. INEXPEDIENT TO LEGISLATE.
Rep. Larry G. Gagne for Criminal Justice and Public Safety: This bill increases the penalty from a class
A misdemeanor to a class B felony for cruelty to service animals. The committee feels that the current RSA
167-D:9 is sufficient punishment in these cases. A class A misdemeanor carries a penalty of up
to a year in jail. Vote 19-0.
HB 279-FN, relative to certain missing persons. OUGHT TO PASS WITH AMENDMENT.
Rep. Timothy N. Robertson for Criminal Justice and Public
Safety: With the increase in the aging
population, it seems like a good time to implement the provisions of this bill
which simplify the process of looking for people with mental disabilities when
they appear to be missing from their homes. Vote 18-0.
Amendment (0255h)
Amend RSA 106-J:4, II as inserted by section 3 of the bill by replacing it with the following:
II.(a) When a local law enforcement agency receives notice that a senior citizen is missing, the agency shall require the senior citizen’s family or legal guardian to provide information relative to the senior citizen’s impaired mental condition. The local law enforcement agency shall follow a procedure to verify that the senior citizen is missing and has an impaired mental condition. Once the local law enforcement agency verifies that the senior citizen is missing and has a verified impaired mental condition, the local law enforcement agency shall notify the department.
(b) When a local law enforcement agency receives notice that a person with developmental disabilities is missing, the agency shall require the family, legal guardian, or service provider of the missing person with developmental disabilities to provide information relative to the person’s developmental disability. The local law enforcement agency shall follow a procedure to verify the person is missing and has a developmental disability. Once the local law enforcement agency verifies the person with developmental disabilities is missing, the local law enforcement agency shall notify the department.
HB 322, allowing members of the armed forces between the ages of 18 and 21 to purchase fireworks. OUGHT TO PASS WITH AMENDMENT.
Rep. Robert R. Cushing for Criminal Justice and Public
Safety: While the level of a person’s
responsibility and maturity varies from one individual to another, the majority
believes there should be an established age for legal status as an adult. For the most part the age of legal adulthood
in the state is 18 years old. At 18 a person
is entitled to vote, make legal contracts, enter into a marriage or civil
union, purchase firearms and ammunition, serve in the military, and work in
dangerous occupations. Other states
permit 18 year old adults to purchase fireworks. Passage of the amended bill will bring
uniformity to the age of legal adulthood. Vote 18-2.
Amendment (0574h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to the minimum age required to purchase fireworks.
Amend the bill by replacing all after the enacting clause with the following:
1 Sale of Fireworks. Amend RSA 160-C:2, II(a) to read as follows:
(a) To any
person less than [21] 18 years of age; or
2 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill lowers the minimum age required to purchase of fireworks from 21 years of age to 18 years of age.
HB 430-FN, removing the statute of limitations on certain crimes committed in furtherance of murder. OUGHT TO PASS.
Rep. Robert R Cushing for Criminal Justice and Public
Safety: Our legal system recognizes that
murder is a crime that is set apart from other crimes. The damage and finality of the taking of the
life of a human being is such that the legislature has deemed that the passage
of time should not be the reason for a killer to escape punishment, and there
is no statute of limitations on the prosecution for the crime of murder. This bill makes a narrow exception to the
statute of limitations on crimes of falsification in officials matters (RSA
Chapter 641) when that falsification is done in the furtherance of murder. Making the statute of limitations for
prosecution for falsification in official matters in a murder case the same as
that of the crime of murder itself will provide another tool to law enforcement
to solve homicides and bring killers to justice. Vote 17-0.
HB 459, relative to access to restorative justice programs by victims of crime. OUGHT TO PASS WITH AMENDMENT.
Rep. Shannon E. Chandley for Criminal Justice and Public
Safety: This legislation is designed to
ensure that victims of violent crimes are given the right to access restorative
justice programs, particularly victim-initiated victim/offender dialogue. It also requires the office of victim/witness
assistance to provide information about such programs. In addition, the bill adds the
victim/offender dialogue program to the department of corrections. Finally, this bill modifies, with regard to
victim’s assistance, the definition of “victim” to include the surviving
partner in a civil union. The committee
heard testimony from victims, as well as a facilitator describing the benefits
of these restorative justice programs.
The committee also learned that, without such legislation, it can be
difficult for victims of violent crimes to gain access to these programs. The committee believes passage of this
legislation to be important to the administration of justice. Vote
17-0.
Amendment (0635h)
Amend the bill by replacing section 5 with the following:
5 New Subparagraph; Office of Victim/Witness Assistance; Victim-Offender Dialogue Program. Amend RSA 21-M:8-b, II by inserting after subparagraph (d) the following new subparagraph:
(e) The office of victim/witness assistance shall provide victims or their representatives with information about the availability of and access to restorative justice programs including victim-initiated victim-offender dialogue programs offered through the department of corrections.
Amend the bill by deleting section 7 and renumbering the original section 8 to read as 7.
AMENDED ANALYSIS
This bill:
I. Adds the right to access to restorative justice programs including victim-initiated victim-offender dialogue programs offered through the department of corrections to the victim bill of rights and requires the office of victim/witness assistance to provide information on such programs.
II. Adds the victim-offender dialogue program to the department of corrections under the supervision of the victim services coordinator.
III. Defines “victim” for the purposes of victim’s assistance and the victim’s bill of rights to include the surviving partner in a civil union.
HB 471-FN,
relative to organized retail crime in
Rep. Laura C. Pantelakos for Criminal Justice and Public
Safety: The amendment places all
shop-lifting statutes under RSA 644.
Additionally, it adds to the law to improve enforcement against organized
shop-lifting groups, who alter the electronic sales tags and/or activate alarms
within the stores to avoid detection or apprehension, or provide distraction
during the commission of the offense. Vote 19-0.
Amendment (0800h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to willful concealment and fraudulent retail transactions.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Theft; Willful Concealment. Amend RSA 637 by inserting after section 3 the following new section:
637:3-a Willful Concealment.
I. A person is guilty of willful concealment if, without authority, he or she willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment. Notwithstanding RSA 637:11, willful concealment shall be a misdemeanor.
II. A person commits theft if, with the purpose to deprive a merchant of goods or merchandise, he or she knowingly:
(a) Removes goods or merchandise from the premises of a merchant; or
(b) Alters, transfers, or removes any price marking affixed to goods or merchandise; or
(c) Causes the cash register or other sales recording device to reflect less than the merchant's stated or advertised price for the goods or merchandise; or
(d) Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container.
2 Theft; Definitions. Amend RSA 637:2, III to read as follows:
III. "Purpose to deprive'' means to have the conscious object:
(a) To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; or
(b) To restore the property only upon payment of a reward or other compensation; or
(c) To
dispose of the property under circumstances that make it unlikely that the
owner will recover it; or
(d) To appropriate the goods or merchandise of a merchant without paying the merchant’s stated or advertised price.
3 New Paragraph; Theft; Definitions. Amend RSA 637:2 by inserting after paragraph V the following new paragraph:
VI. "Merchant'' means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.
4 New Section; Theft; Fraudulent Retail Transactions. Amend RSA 637 by inserting after section 10-a the following new section:
637:10-b Fraudulent Retail Transactions.
I. A person shall be guilty of a misdemeanor if such person possesses, uses, transfers, manufactures, alters, counterfeits, or reproduces a retail sales receipt or universal product code label with the purpose to deprive a merchant of goods or merchandise.
II. A person shall be guilty of a class B felony if such person possesses, uses, transfers, manufactures, alters, counterfeits, or reproduces 5 or more retail sales receipts or universal product code labels, or any combination of 5 or more sales receipts or universal product code labels, or possesses a device designed or adapted to manufacture counterfeit retail sales receipts or universal product code labels with the purpose to deprive a merchant of goods or merchandise.
5 New Subparagraph; Willful Concealment; Use of Emergency Exit. Amend RSA 651:6, I by inserting after subparagraph (q) the following new subparagraph:
(r) Has committed an offense under RSA 637 where such person knowingly activated an audible alarm system to avoid detection or apprehension, or cause a distraction during the commission of the offense.
6 Civil Action for Theft. Amend RSA 507:8-f to read as follows:
507:8-f Civil Actions for Theft. When the conduct of a person would constitute
willful concealment [or shoplifting] as provided in RSA [644:17] 637:3-a,
the person shall be liable to the merchant for damages as provided in RSA
544-C:1. An action for recovery of
damages, pursuant to this section, may be brought in small claims court if the
total damages do not exceed the jurisdictional limit of such court, or in any
other appropriate court. The provisions
of this section are in addition to other civil remedies and shall not limit the
rights of merchants or other persons to elect to pursue other civil remedies.
7 Civil Damages for Shoplifting. Amend the chapter heading in RSA 544-C, RSA 544-C:1, I-III, and the introductory paragraph in RSA 544-C:1, IV to read as follows:
CHAPTER 544-C
CIVIL
DAMAGES FOR [SHOPLIFTING] WILLFUL CONCEALMENT
544-C:1 Recovery of
Civil Damages for [Shoplifting] Willful Concealment.
I. For purposes of
this chapter, ["shoplifting'' shall mean shoplifting or] “willful
concealment” shall mean willful concealment as defined in RSA [644:17]
637:3-a.
II. A person who [shoplifts]
willfully
conceals shall be liable for civil damages to the merchant up to $400
plus the merchandise or the value of the merchandise if it has been damaged or
rendered unrecoverable.
III. A merchant
may recover civil damages for [shoplifting] willful concealment by
bringing suit in a district court or by executing a settlement agreement in the
form set out in paragraph IV of this section.
IV. A merchant and a person accused of [shoplifting]
willful
concealment by such merchant may agree to execute a civil settlement
agreement for up to $400 in civil damages, plus the return of the merchandise
or the replacement value of the merchandise within 60 days of the date the
agreement is signed. The form of the
settlement agreement shall be as follows:
8 Use of Force by Merchants. Amend RSA 627:8-a, I to read as follows:
I. A merchant, or
his or her agent, is justified in detaining any person who he or she has
reasonable grounds to believe has committed the offense of willful concealment [or
shoplifting], as defined by RSA [644:17] 637:3-a, on his or her
premises as long as necessary to surrender the person to a peace officer,
provided such detention is conducted in a reasonable manner.
9 Repeal. RSA 644:17, relative to willful concealment and shoplifting, is repealed.
10 Effective Date. This act shall take effect January 1, 2010.
AMENDED ANALYSIS
This bill:
I. Makes changes to the theft statute including moving the offense of willful concealment into RSA 637, and deleting references to “shoplifting.”
II. Imposes criminal penalties for fraudulent retail transactions.
III. Imposes an enhanced penalty for persons knowingly activating an audible alarm system to avoid detection or apprehension, or cause a distraction during the commission of the offense.
HB 512,
establishing a temporary moratorium on executions and establishing a commission
to study the death penalty in
Rep. Stanley E. Stevens for Criminal Justice and Public
Safety: This bill sought to establish a
commission to study the death penalty in
HB 557, requiring the attorney general to request a life sentence instead of the death penalty in certain circumstances. INEXPEDIENT TO LEGISLATE.
Rep. Beth Rodd for Criminal Justice and Public Safety: This bill, while well intentioned, is
unconstitutional. If passed, it would
coerce a defendant to plead guilty in order to avoid the death penalty. The constitutional issue was established in
the State v. Johnson case. Vote 16-2.
HB 575-FN, prohibiting driving with any amount of certain controlled drugs or metabolites in the blood or urine. INEXPEDIENT TO LEGISLATE.
Rep. Elaine B. Swinford for Criminal Justice and Public Safety: This bill deals with the amount of schedule 1
controlled drugs or metabolites. It is
unclear what trace amounts of metabolites would deem an operator impaired. The committee as a whole found this bill too broad
in its scope. Vote 13-0.
HB 582-FN, relative to DNA testing of sexual offenders. INEXPEDIENT TO LEGISLATE.
Rep. Shannon E. Chandley for Criminal Justice and Public
Safety: The committee was presented two
bills which related to the collection, recording and distribution of DNA
information. After two full-committee
hearings and a sub-committee meeting, it was determined that neither bill was
entirely satisfactory. The committee
unanimously voted to retain the other bill (HB 523) in order to work with
interested parties to develop appropriate legislation. Vote
18-0.
HB 587-FN, establishing an information and analysis center within the department of safety. OUGHT TO PASS WITH AMENDMENT.
Rep. David A. Welch for Criminal Justice and Public Safety: This bill describes the operation of an
information and analysis center within the department of safety which will
gather information on natural and human caused threats to the state, its people
and environment. The center will track
criminal activity within the state and provide information to the department of
justice, state, county and local law enforcement to assist in the deployment of
resources and aid in the investigation of crimes. Each agency participating with the center
shall agree to comply with the requirements governing the collection, analysis,
evaluation, maintenance, sharing and expunging of information and data included
as part of the inter-jurisdictional system.
Access to information by employees of the Federal Bureau of
Investigation and the Department of Homeland Security may be allowed subject to
the provisions of this bill regarding such access. Access by Federal Bureau of Investigation and
Homeland Security will only be allowed until June 20, 2013 unless such access
is renewed by the legislature. Vote 18-0.
Amendment (0773h)
Amend RSA 651-F:2, IV as inserted by section 2 of the bill by replacing it with the following:
IV. The center may allow the attendance, on detached duty with appropriate security clearances, of representatives of local police departments, county sheriffs’ departments, the 911 mapping unit, and the department of health and human services. Until June 30, 2013, the center may allow attendance of employees of the Federal Bureau of Investigation and the Department of Homeland Security who shall be subject to the provisions of this chapter regarding access to information.
Amend RSA 651-F:4 as inserted by section 2 of the bill by deleting paragraphs I-III and renumbering the original paragraphs IV-VI to read as paragraphs I-III, respectively.
Amend RSA 651-F as inserted in section 2 of the bill by inserting after RSA 651-F:7 the following new RSA section:
651-F:8 Audit Requirement and Disclosure. The department of safety shall maintain and conduct periodic audits of data access performed by personnel assigned to the center at least annually. The audit shall consist of a review of authorized credentials of persons accessing the data, a random sampling of data input quality and the type and reason for data access, and a review of the policy and procedures that govern data entry, access, and purging. The department shall report its findings in an annual report to the intelligence subcommittee of the advisory council on emergency preparedness and security established under RSA 21-P:48, the attorney general, and the representative of the civil liberties organization designated under RSA 651-F:3, II.
HB 621, relative to court procedures for persons with mental illness charged with crimes. OUGHT TO PASS WITH AMENDMENT.
Rep. Elaine B. Swinford for Criminal Justice and Public
Safety: This bill, as amended, provides
for the interbranch criminal and juvenile justice commission to develop a
procedure for the identification of criminal defendants who may have a mental
illness, estimate the cost and make recommendations for the best method of
implementation of the procedures. This
bill also allows county correction facilities to request a pre-trial
examination of a person being held. The
bill provides a new procedure for the appointment of counsel for a person with
mental illness. The committee feels
correctional facilities are being used as mental health facilities. This bill will allow for inmates with mental
health issues to receive future treatments. Vote 17-0.
Amendment (0846h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to establishing procedures for identifying criminal defendants who may have a mental illness.
Amend the bill by replacing all after the enacting clause with the following:
1 Commitment to Hospitals; Competency. Amend RSA 135:17, I to read as follows:
I.(a) When
a person is charged or indicted for any offense, or is bound over by any
district [or municipal] or superior court to await the
action of the grand jury, the district or superior court before which he or she
is to be tried, if a plea of insanity is made in court, or said court is
notified by either party that there is a question as to the competency or
sanity of the person, may make such order for a pre-trial [psychiatric]
examination of such person by a psychiatrist on the staff of any public
institution or by a private psychiatrist as the circumstances of the case may
require, which order may include, though without limitation, examination at the
secure psychiatric unit on an out-patient basis, the utilization of local
mental health clinics on an in- or out-patient basis, or the examination of
such person, should he or she be incarcerated for any reason, at his or her
place of detention by psychiatrists assigned to a state or local mental health
facility. Such pre-trial examination
shall be completed within 60 days after the date of the order for such
examination, unless either party requests an extension of this period.
(b) In cases where the person is being held at a
county correctional facility, the facility may request a pre-trial examination
of such person for the purpose of determining if the person is competent to
stand trial. Such request shall be
reviewed, and a decision rendered by the district or superior court before
which he or she is to be tried.
(c)
In cases where the person is incarcerated and a pre-trial examination has not
been performed within 30 days of the court’s order, the court shall, upon
request of the person, order an evaluation by a qualified psychiatrist or
psychologist. The court shall favorably
consider a request that the psychiatrist or psychologist be treated as a
defense expert who shall be compensated pursuant to RSA 604-A:6.
(d) In cases where the person is incarcerated and
an examination has not been performed, the court before which he or she is to
be tried shall review the person’s bail status on a monthly basis.
2 Interbranch Criminal and Juvenile Justice Council; Development of Mental Health Screening Procedures.
I. The interbranch criminal and juvenile justice council (ICJJC) established in RSA 651-E shall develop procedures for the identification of a criminal defendant who may have a mental illness, estimate the cost of implementing the procedures, and make recommendations for the best method of implementing the procedures. The procedures shall:
(a) Establish a mechanism for determining which criminal defendants will be subjected to an assessment.
(b) Establish a mechanism to ensure that a defendant’s participation in an assessment is voluntary.
(c) Provide for the assessment of psychological or behavioral conditions that may indicate a need for emergency intervention, treatment during incarceration, referral for community services, or an evaluation for competency to stand trial.
(d) Provide that such assessment may be conducted using simplified instruments.
(e) Ensure that the results of the screening shall be provided to defense counsel immediately upon availability.
(f) Provide that the results of the screening shall not be accessible by law enforcement agencies, the prosecuting attorney, or the public, and may not be used during the trial or sentencing of any criminal defendant.
II. The ICJJC shall prepare a written report detailing the procedures and other findings required under paragraph I, and shall submit such report to the speaker of the house of representatives, the president of the senate, the chief justice of the New Hampshire supreme court, the governor, the house clerk, and the senate clerk, no later than one year from the effective date of this section.
3 New Paragraph; Adequate Representation for Indigent Defendants; Appointment of Counsel. Amend RSA 604-A:2 by inserting after paragraph III the following new paragraph:
IV.(a) The court shall review any information available to it regarding the defendant’s mental condition and shall require the state to disclose any information as to the defendant’s mental condition. If the court has information indicating the defendant has a mental illness, the court shall act on any application for appointed counsel on the same day as the defendant’s first court appearance. If the application is approved, the court shall, by phone, notify the attorney appointed to represent the defendant and immediately transmit all relevant court documents to the attorney by facsimile or other electronic transmission.
(b) The court shall appoint counsel without formal application if the defendant is without counsel and mental illness appears to be interfering with the defendant’s ability to communicate, understand court proceedings, or to complete a formal application on a timely basis.
(c) If a public defender is appointed, the public defender, upon receiving notification that the defendant may have a mental illness, shall, on the day notice of the appointment is received, designate a specific attorney to represent the defendant.
4 Effective Date.
I. Section 1 of this act shall take effect 60 days after its passage.
II. Section 3 of this act shall take effect 180 days after its passage.
III. The remainder of this act shall take effect upon its passage.
AMENDED ANALYSIS
This bill:
I. Allows a county correctional facility to request a pre-trial examination of a person being held at such facility.
II. Requires the interbranch criminal and juvenile justice council to establish mental illness screening procedures.
III. Creates new procedures for the appointment of counsel for a person with a mental illness.
HB 645-FN, requiring police officers to complete certain mental health training and requiring the police standards and training council to develop and implement an advanced training curriculum for specialized crisis intervention teams. INEXPEDIENT TO LEGISLATE.
Rep. Laura C. Pantelakos for Criminal Justice and Public
Safety: Police Standards and Training is
already addressing this issue with 8 hours of training. The chiefs in the cities and towns are
training their men and women as best they can on how to treat mentally ill
people. If the state was to mandate this
training it would become an issue under Part I Article 28a of the N. H.
Constitution. Mental health courts are
now being set up in many cities and towns to address this issue. Vote
12-1.
HB 690-FN, establishing a cold case homicide unit. OUGHT TO PASS WITH AMENDMENT.
Rep. Elaine B. Swinford for Criminal Justice and Public
Safety: This bill allows the attorney
general and the department of safety to establish a cold case unit. The departments of justice and safety will
provide administrative support to this investigation unit. This bill, as amended, extends the sunset
date from 2011 to 2013, to give the unit ample time to be set up and begin
working. Vote 17-0.
Amendment (0709h)
Amend the bill by replacing section 3 with the following:
3 Effective Date.
I. Section 2 of this act shall take effect July 1, 2013.
II. The remainder of this act shall take effect upon its passage.
AMENDED ANALYSIS
This bill establishes a cold case homicide unit to work on unsolved murder cases in the state until July 1, 2013.
HB 123, requiring a financial literacy component within the high school economics course. INEXPEDIENT TO LEGISLATE.
Rep. Kimberly C. Shaw for Education: The committee believes that financial
literacy is a vital set of skills for students to acquire. However, the committee is reluctant to
legislate curriculum and feels that the state board of education is the most
appropriate body to address strengthening the existing standards. Vote
18-0.
HB 136-FN, relative to the procedure for withdrawing from a cooperative school district. INEXPEDIENT TO LEGISLATE.
Rep. James M. O'Neil for Education: This bill is an attempt to solve the problems
associated with a school district’s withdrawal from a cooperative school
district during the term of the contract.
This issue is currently being studied by the cooperative school district
study committee; therefore, this committee believes that all the issues of
withdrawal will be addressed in that committee’s report. Thus, any legislation introduced prior to the
report is premature. Vote 19-0.
HB 143, relative to procedures for requesting a change of school for a child. OUGHT TO PASS WITH AMENDMENT.
Rep. Rick M. Ladd for Education:
This bill amends the procedure for a parent requesting a change in a
child’s public school assignment. A
person having custody of a child may enroll the child in a public school or
academy outside the school district in which the child resides, and if the
non-resident district or academy agrees to enroll the child, the non-resident
district may charge the parent tuition.
The receiving district or public academy is responsible for notifying
the resident district of the child’s enrollment on an annual basis. Prior to enrollment, an agreement between the
resident district and the non-resident district or pubic academy shall be
executed that allocates program and financial responsibilities of both entities
for the pupil in the event that the pupil is a child with a disability as
defined in RSA 186-C:2,I or an accommodation under the Rehabilitation Act of
1973, as amended. The decision to deny a
non-resident child enrollment shall not be based, in whole or in part, on
whether the child has a disability or requires an accommodation. This bill sets in place a long needed process
that requires an agreement between resident and receiving districts for pupil
program and financial responsibilities prior to the child’s enrollment. Vote
19-0.
Amendment (0555h)
Amend the bill by replacing section 2 with the following:
2 New Paragraph; School Attendance. Amend RSA 193:3 by inserting after paragraph III the following new paragraph:
IV.(a) Any person having custody of a child may apply to enroll that child in a public school or public academy outside the school district in which the person and child reside. If the non- resident school district or public academy agrees to enroll the child it may charge tuition to the parent or resident school district.
(b) When a non-resident school district or public academy agrees to enroll a pupil as a unilateral parental assignment it shall immediately notify the resident school district of the name, date of birth, address and grade assignment of the pupil. The non-resident district or public academy shall provide the same notification to the resident school district at the beginning of each school year so long as the child is a pupil in the non resident district.
(c) No pupil shall be enrolled in a non-resident district prior to the execution of an agreement between the resident district and the non-resident district or public academy that allocates the program and financial responsibilities of both entities for the pupil in the event that the pupil is a child with a disability as defined in RSA 186-C:2, I, or a child that requires an accommodation under the Rehabilitation Act of 1973, as amended.
(d) The decision by a school district or a public academy to deny enrollment of a non-resident pupil shall not be based, in whole or in part, on whether such pupil is a child with a disability as defined in RSA 186-C:2, I, or a child that requires an accommodation under the Rehabilitation Act of 1973, as amended.
(e) The decision of a parent to enroll a child in a charter school shall not be subject to the provisions of this section.
HB 154, relative to truancy. OUGHT TO PASS WITH AMENDMENT.
Rep. Nancy F. Stiles for Education: This bill is the result of a year-long study
inclusive of stakeholder input. This
bill brings the statute into compliance with the age of required attendance,
reduces the number of half days from 20 to 10 to allow for earlier
intervention, restricts absences to administratively excused, increases the
flexibility for local school district decisions, provides opportunity for
parents to be brought into the process earlier, and potentially reduces court
involvement while bringing resolution for students. The current definition statute was a
requirement of No Child Left Behind and the language did not provide clarity
for proper implementation and resolution. Vote 18-1.
Amendment (0213h)
Amend RSA 189:34, II as inserted by section 1 of the bill by replacing it with the following:
II.
School board policies on truancy shall include provisions which define
administratively excused absences and identify a system of intervention steps
designed to reduce the number of habitual truants in the school district. The policy shall also designate an employee
in each school as the person responsible for truancy issues.
Amend RSA 189:36, II as inserted by section 3 of the bill by replacing it with the following:
II. A
truant officer, upon finding that a child is a habitual truant, shall first
comply with school district policy governing habitual truants. After complying with such policy, the truant
officer may file a petition pursuant to RSA 169-D alleging that the child is in
need of services.
HB 317, relative
to conditional approval of nonpublic schools, residency requirements for grants
under the
Rep. Brien L. Ward for Education:
This housekeeping bill has three provisions. Section one amends RSA 541-A to allow the
state board of education to establish criteria for conditional approval of
non-public schools as recommended by the Joint Legislative Committee for
Administrative Rules (JLCAR). JLCAR also
recommended the second provision of this bill which amends RSA 188-D:13 to
require that
HB 367, relative to procedures for evaluation of home schooled students. INEXPEDIENT TO LEGISLATE.
Rep. Judith E. Day for Education:
The majority of the committee felt that this bill could be voted
inexpedient to legislate because HB 368 was retained which also deals with the
home education laws. Therefore, it was
felt that this bill was not necessary as the home education laws can be
discussed during the retention work on HB 368. Vote 18-2.
HB 509, requiring parental consent for psychological evaluations by school districts. OUGHT TO PASS WITH AMENDMENT.
Rep. Rick M. Ladd for Education:
This bill requires school personnel to obtain written consent of a
parent or legal guardian prior to conducting any psychological evaluation of a
child. The bill does not change
procedures currently in place for state or school district group achievement or
other instructional testing. The bill
itself merely ensures that the parent or legal guardian has the right to know
and make the choice as to whether or not a school can administer a
psychological evaluation of a child. Vote 19-0.
Amendment (0632h)
Amend RSA 200:34-a as inserted by section 1 of the bill by replacing it with the following:
200:34-a Psychological Evaluations. No school personnel shall conduct a psychological evaluation of any child unless the school first receives written consent from the child’s parent or legal guardian on a form to be provided by the school.
AMENDED ANALYSIS
This bill requires school personnel to obtain written consent of a parent or legal guardian prior to conducting any psychological evaluation on a child.
HB 527, repealing the coordinated school health committee and relative to health education in kindergarten through grade 12. OUGHT TO PASS.
Rep. Rachel B. Burke for Education: Attention has been brought to the committee
that the work of the coordinated school health committee has been fulfilled and
the committee is no longer necessary.
The state board of education in conjunction with the commissioner of
education will report to House and Senate chairs of Education and Health and
Human Services regarding the delivery of K-12 health education. Vote
18-0.
HB 48, establishing a committee on agriculture in the classroom. OUGHT TO PASS WITH AMENDMENT.
Rep. Robert H. Haefner for Environment and Agriculture: This bill was a request of the department of
agriculture, markets and foods with the enthusiastic agreement of the
Amendment (0886h)
Amend RSA 425:25, I as inserted by section 1 of the bill by replacing it with the following:
I. There is hereby established an agriculture in the classroom committee, which shall include but not be limited to the following members: the director of the university of New Hampshire cooperative extension, or designee; the state commissioner of agriculture, markets, and food, or designee; the commissioner of the department of education, or designee; the dean of the college of life sciences and agriculture at the university of New Hampshire at Durham, or designee; and one representative from each of the following, appointed by the governor: New Hampshire Fruit Growers Association, Granite State Dairy Promotion, New Hampshire Plant Growers Association, New Hampshire Beekeepers Association, New Hampshire Maple Producers’ Association, New Hampshire Farm Bureau Federation, Granite State FFA Association, New Hampshire Christmas Tree Promotion Board, New Hampshire Farmers’ Market Association, and the New Hampshire Horse Council. The committee shall elect a chairperson from its members. The members of the committee shall serve without compensation, but the appointees shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties. It may adopt rules, pursuant to RSA 541-A, necessary for the execution of its functions under this subdivision and shall keep a record of its official actions.
HB 63, relative to the use of the term "farmers' markets" in corporation names. OUGHT TO PASS.
Rep. Robert H. Haefner for Environment and Agriculture: This bill is a request of the department of
agriculture, markets and food as a result of a supermarket naming itself a
“Farmers’ Market.” The bill would not
allow
HB 235, relative to the seller's liability for land use change tax assessments. INEXPEDIENT TO LEGISLATE.
Rep. Jane E. Beaulieu for Environment and Agriculture: This bill would have transferred the responsibility
for paying the land use change tax from the owner to the seller. Current laws in statute work very well. The New Hampshire Municipal Association, New
Hampshire Association of Realtors, the statewide program of action to conserve
our environment (SPACE) and the New Hampshire Timberland Owners Association
opposed the bill. Vote 16-0.
HB 247, relative to the assistance of the state veterinarian with the investigation and enforcement of animal abuse laws. OUGHT TO PASS WITH AMENDMENT.
Rep. Stephen J. Palmer for Environment and Agriculture: This bill will change the law pertaining to
complaints filed due to the abuse of domestic animals. Instead of the state veterinarian being the
first contact, the complaint shall be initially filed with the local law
enforcement agency, animal control officer, state police, or sheriff, with
jurisdiction over where the animal is kept.
At the request of the contacted law enforcement agency, the state
veterinarian shall assist in a secondary capacity in enforcing the provisions
of law and investigating said complaints. Vote 16-0.
Amendment (0258h)
Amend RSA 436:8 as inserted by section 1 of the bill by replacing it with the following:
436:8 Powers.
The state veterinarian, under the direction of the commissioner,
shall have all of the powers of the commissioner and shall have general charge
of the enforcement of this chapter, and shall devote his or her entire time and
attention to the duties of his or her office. [The state veterinarian shall have the
power to enforce the provisions of and investigate] Complaints under RSA 644:8, 644:8-a, 644:8-aa
and any other law pertaining to the abuse of domestic animals, as defined under
RSA 436:1, shall initially be filed with the local law enforcement agency, animal
control officer, state police, or sheriff which has jurisdiction over where the
animal is located or kept. At the
request of the local law enforcement agency, animal control officer, state
police, or sheriff, the state veterinarian shall assist in a secondary capacity
in enforcing the provisions of and investigating said complaints. In the event the commissioner becomes
incapacitated or a vacancy occurs in the office, the state veterinarian shall
perform all the duties of that office during any such incapacity or until any
such vacancy is filled. The commissioner
may direct the state veterinarian to act for him or her in an official
capacity whenever he or she may be absent from his or
her duties.
HB 338, relative to definitions of electronic waste. OUGHT TO PASS.
Rep. Burton W. Williams for Environment and Agriculture: This bill further defines electronic waste by
adding media recorders, players and computers to the list of items that may not
be placed in a land fill or incinerator. Vote 16-0.
HB 347, relative to use of weights and measurements at farmers markets. INEXPEDIENT TO LEGISLATE.
Rep. Leigh A. Webb for Environment and Agriculture: In attempting to allow more people to
participate in farmers’ markets, the sponsor sought to exempt those with less
to sell from certain provisions of RSA 428, the weights and measures laws. However noble this gesture, the effect of the
bill would have eliminated all consumer protection from this law. The committee felt that the price of a $200
scale for accurate measurement of the product being sold was a reasonable cost
of doing business, and did not preclude significant numbers of people from
selling in a farmers’ market environment. Also, it was important to the committee to
maintain adequate consumer protection and a “level playing field” under existing
law, rather than change those policies completely with the adoption of this
bill.
Vote 16-0.
HB 385, relative to placement of personal wireless service facilities on land in current use. INEXPEDIENT TO LEGISLATE.
Rep. Pamela Z. Tucker for Environment and Agriculture: This bill is in direct violation of the
current use law. The installation of a
cell tower would alter the property, thus the land in question would no longer
qualify for current use. Vote 16-0.
HB 424-FN-A, relative to the land use change tax. OUGHT TO PASS WITH AMENDMENT.
Rep. Warren J. Groen for Environment and Agriculture: A recent New Hampshire Supreme Court
decision, Formula Development v. Town of Chester, interpreted language in the
current use statute to mean that all land including lots, building sites and
protected undeveloped land in an open space or cluster development must all be
removed from current use with the first shovel full of dirt. Members of the current use board, municipal
assessors, open space advocates and members of the development community all
testified that the preferred method of current use disqualification is to
withdraw and assess on an incremental or lot-by-lot basis as they are sold or
developed rather than as interpreted by the court. This bill further makes clear that the same
method of current use disqualification would be applied to both open space
developments and typical grid lot developments. Vote 16-0.
Amendment (0883h)
Amend the bill by replacing all after the enacting clause with the following:
1 Land Use Change Tax. Amend RSA 79-A:7, V (a) to read as follows:
(a) When a road is constructed or other utilities
installed pursuant to a development plan which has received all necessary
local, state or federal approvals, all lots or building sites, including roads
and utilities, shown on the plan and served by such road or utilities shall be
considered changed in use, with the exception of any lot or site, or
combination of adjacent lots or sites shown thereon which are under the
same ownership, and large enough to remain qualified for current use assessment
[under the completed development plan]; provided, however, that if any
physical changes are made to the land prior to the issuance of any required
local, state or federal permit or approval, or if such changes otherwise
violate any local, state or federal law, ordinance or rule, the local assessing
officials may delay the assessment of the land use change tax until any and all
required permits or approvals have been secured, or illegal actions remedied,
and may base the land use change tax assessed under RSA 79-A:7 upon the land's
full and true value at that later time.
2 Land Use Change. RSA 79-A:7, V(b) is repealed and reenacted to read as follows:
(b) When land is required to remain undeveloped to satisfy density, setback, or other local, state, or federal requirements as part of the approval of a plan of a contiguous development area, such land shall be considered changed to a use which does not qualify for current use assessment at the time any portion of such development area is physically changed to a non-qualifying use. However, application of the land use change tax to such development area shall continue to be in accordance with subparagraph (a).
3 Effective Date. This act shall take effect July 1, 2009.
AMENDED ANALYSIS
This bill clarifies that land which is used in the satisfaction of density, setback, or other local, state, or federal requirements as part of a contiguous development area shall be considered changed to a use that does not quality for current use assessment at the time each lot is developed, or such development area is physically changed to a non-qualifying use.
HB 635, relative to raw milk yogurt. OUGHT TO PASS WITH AMENDMENT.
Rep. Leigh A. Webb for Environment and Agriculture: The intent of this bill is to maximize the
opportunities of the dairy farmers of this state by allowing them to expand
into additional markets by utilizing their milk for raw milk yogurt. The amendment simply clarifies and mandates appropriate
labeling, and stipulates that this bill does not prohibit direct sales of raw
milk yogurt within the state, consistent with existing law for raw milk. Vote
16-0.
Amendment (0123h)
Amend RSA 184:30-a as inserted by section 1 of the bill by replacing it with the following:
184:30-a Pasteurization Required. No milk or milk products as defined in RSA
184:79 shall be sold, offered for sale or served unless pasteurized. This shall not serve to prohibit the direct
sale of raw milk or cream from
the producer, store or milk pasteurization plant to the final consumer, or milk
or cream from a producer to stores, nor the serving of raw milk at bona fide boarding houses where the milk is produced
on the premises, provided that in the dining room of such boarding houses a
sign is prominently displayed stating that such raw milk is served therein, nor the sale, within the state, of
cheese made from raw milk when
such cheese has been aged a minimum of 60 days at a temperature above 35
degrees Fahrenheit, and is clearly labeled as unpasteurized. This section shall not prohibit the direct
sale of yogurt made with raw milk by the producer in this state, provided that
such yogurt is clearly labeled as having been made with raw milk.
HB 84-FN, relative to the regulation of reflexologists, structural integrators, and Asian bodywork therapists. OUGHT TO PASS.
Rep. Catriona D. Beck for Executive Departments and
Administration: This bill establishes
regulation programs for persons practicing reflexology, structural integration,
and Asian bodywork therapies by the department of health and human
services. These professions worked
collaboratively over the past year and determined that these certified
professional therapists fall into a separate and independent entity. Reflexology, Asian bodywork and structural
integration differ in certain material ways from other forms of body
therapy. This new law is specifically
designed to protect the health and welfare of
HB 149, relative
to benefit eligibility of certain members of the city of
Rep. Maurice L. Pilotte for Executive Departments and
Administration: This bill has three
provisions: (1) a member of the
Manchester employees’ contributory retirement system who has not attained the
normal retirement date and terminates employment prior to the completion of 5
years of service shall receive a refund of his or her contributions with
regular interest on the date of payment;
(2) a member who has attained the normal retirement date but who wishes
to receive a lump sum distribution of accumulated contributions plus interest
in lieu of a monthly retirement benefit may do so upon completion of a waiver
of benefits provided by the retirement system;
(3) a member entitled to a deferred vested pension may elect at any time
prior to the member’s retirement date to receive a cash refund of his or her
contributions with regular interest on the date of payment upon completion of a
waiver of benefits provided by the retirement system. Vote 15-0.
HB 255, relative to the filing of statements of financial interest. OUGHT TO PASS.
Rep. Laurie Harding for Executive Departments and
Administration: This bill is one of
several bills recommended as a result of the audit done on the board of
medicine. The goal is to ensure
transparency. The bill requires all
individuals required to file under RSA 15 A:3,III to file a statement of
financial interest prior to serving in their appointed capacity. Vote
14-0.
HB 302, relative
to making various changes to the
Rep. Laurie Harding for Executive Departments and
Administration: This bill clarifies
terms in the
Amendment (0805h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to the
Amend the bill by replacing all after section 4 with the following:
5 Powers of the Commission; Notice of Rulemaking. Amend RSA 331-A:7, VII to read as follows:
VII. Provide
notice [in a publication of the commission sent by U.S. mail] to all
persons licensed under this chapter of any proposed rulemaking undertaken by
the commission, any changes to administrative rules adopted by the commission,
and any pertinent changes in New Hampshire law.
The funds necessary for the printing, postage, and mailing of such
notice shall be expended from funds of the commission not otherwise
appropriated.
6 Lapse of Licenses. Amend RSA 331-A:18, II to read as follows:
II. If an expired
license is not renewed within 6 months under paragraph I, then the license is
deemed to have lapsed and such person may obtain a license only by qualifying
anew as an original applicant. However,
the commission may renew a lapsed license [for good cause shown] within
a reasonable time [not to exceed one year] from the date of [expiration]
lapse
for good cause shown.
7 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill clarifies certain terms in the
HB 405, relative to authority for administrative fines by the electricians' board and relative to appeals from decisions of the electricians' board and the plumbers' board. INEXPEDIENT TO LEGISLATE.
Rep. Donald F. Ryder for Executive Departments and
Administration: This bill seeks
authorization to administer fines as well as ‘cease and desist’ orders by the
electricians’ board on licensed and unlicensed electricians. It also attempts to change the appeals
process for both electricians and plumbers.
HB 2, Section 125, seeks to restructure control over both the
electricians’ and plumbers’ boards. The
committee felt it was better to ITL the bill at this time and bring it back at
a later date after such reorganization. Vote 18-0.
HB 464-FN, relative to certain duties of the department of administrative services and relative to credit card contracts for state agencies. OUGHT TO PASS WITH AMENDMENT.
Rep. Don Petterson for Executive Departments and Administration: This bill makes several changes that relate to
the department of administrative services.
It expands the definition applied to state buildings that may be
repaired under emergency provisions. The
bill also amends the law relative to state credit card contracts to permit fees
to be paid from revenue received under the contract. It further shifts some responsibilities of
the commissioner of transportation that relate to the governor’s advisory
committee on the capital budget to the department of administrative services. Vote
16-0.
Amendment (0516h)
Amend the bill by replacing section 2 with the following:
2 New Chapter; State Credit Card Contracts. Amend RSA by inserting after chapter 9-C the following new chapter:
CHAPTER 9-D
9-D:1 Fees and Assessments in State Credit Card Contracts. Notwithstanding any law to the contrary, fees, charges, assessments, penalties, and other costs incurred by the state in accordance with contracts entered into by the department of administrative services for credit card services under RSA 21-I:11, I(f) may be paid by the state from revenue to be received under these contracts.
AMENDED ANALYSIS
This bill:
I. Expands the authority of the governor and council to repair or replace state buildings and state property, including equipment and infrastructure, damaged or destroyed in an emergency.
II. Permits the state to pay fees incurred under credit card contracts entered into by the department of administrative services from revenue received under the contract.
III. Replaces the commissioner of transportation with the administrator of the bureau of public works design and construction, division of plant and property management on the governor’s advisory committee on the capital budget.
IV. Clarifies that agencies should use service contracts entered into by the department of administrative services on their behalf unless the department grants the agency a waiver in a particular instance.
This bill is a request of the department of administrative services.
HB 113, extending the moratorium on nursing home beds and rehabilitation beds. OUGHT TO PASS.
Rep. Fran Wendelboe for Finance:
This bill renews the existing nursing home bed moratorium which has been
in place since the mid nineties. Both
county and private nursing homes supported this bill in the policy
committee. Nursing home beds have shown
a steady slight decline every year and occupancy is now about 90%. This policy also supports the efforts to
provide services in people's own homes rather than an institution. It is also less costly when home care is
utilized. Since many nursing home
patients are, or eventually will be on Medicaid it is important to continue
this policy to save taxpayers dollars.
The bill also allows nursing home renovations without certificate of
need review as long as Medicaid rates are not increased. Vote 20-0.
HB 282-FN-A, relative to compensation for the medical/vision advisory board and making an appropriation therefor. OUGHT TO PASS WITH AMENDMENT.
Rep. William S. Belvin for Finance: This bill as amended concerns compensation
and meeting process for the medical/vision advisory board to the department of
motor vehicles. The amendment does two
things: first it eliminates the proposed
per diem compensation, and second it authorizes the board to meet “as needed.” Vote
20-0.
Amendment (0726h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to meetings of the medical/vision advisory board.
Amend the bill by replacing section 1 with the following:
1 Medical/Vision Advisory Board; Meetings. Amend RSA 263:6-b, I to read as follows:
I. In order to
advise the director on medical criteria for the reporting and examination of
drivers with medical impairments, a medical/vision advisory board is hereby
established within the division. The
board shall be composed of 3 members appointed by the director. Two of the members of the board shall be
licensed physicians and residents of this state, and one member of the board
shall be a licensed optometrist and a resident of this state. Of the original appointees, one shall serve
for a term of 2 years and 2 shall serve for terms of 4 years. Subsequent appointees shall each serve for a
term of 4 years or until their successors are appointed and approved. Any vacancy shall be filled in the same
manner as the original appointment for the remainder of the term. The members of the board shall receive no
compensation for their services and shall not hire any staff personnel but
shall be paid mileage when attending to the duties of the committee at the
maximum rate established in the Internal Revenue Code and regulations. After the first full year of operation of the
advisory board, the board shall meet [no more than 4 times per year] as
needed.
Amend the bill by deleting section 2 and renumbering the original section 3 to read as 2.
AMENDED ANALYSIS
This bill eliminates the limit on the number of meetings that the medical/vision advisory board may hold in a year.
HB 403, clarifying the intent of a transfer of general funds to the highway fund. OUGHT TO PASS WITH AMENDMENT.
Rep. William S. Belvin for Finance: This bill as amended is a housekeeping change
that does two things: first, it provides
for the state match for federal funds to be used in part of the Interstate 93
widening project; and second it properly accomplishes the transfer of the FY09
highway funds to the general fund originally included in HB 30, which we have
already approved. There is a statement
of intent which clarifies the use of the state funds as the match for the I-93
bus service. Vote 20-0.
Amendment (0663h)
Amend the bill by replacing section 1 with the following:
1 General Fund; Transfer to Highway Fund. In accordance with footnote 26 in the FY 2008-2009 operating budget, 2007, 262:26, as amended by 2009, 1:4, the commissioner of administrative services shall have cause to have transferred $6,750,000 from the general fund to the highway fund on January 1, 2008, and shall cause to have transferred $1,750,000 from the general fund to the highway fund on January 1, 2009. The intent of the transfers is, in part, to provide the entire state match of $2,008,000 for federal funds received for the purchase of buses and 3 years of operating costs of bus service in the Interstate 93 corridor as submitted by the department of transportation and approved by the Federal Highway Administration in its record of decision dated April 28, 2004, for construction of the Interstate 93 widening project.
HB 599-FN, relative to reclassification of the position of forensic toxicologist in the department of safety. OUGHT TO PASS.
Rep. Marjorie K. Smith for Finance: This bill, a request of the department of
safety, was supported by the Committee on Executive Departments and
Administration and passed by the House before coming to the Committee on
Finance. We determined that there was no
fiscal impact and therefore we had no role to play. We return this bill to the House for a final vote. Vote
20-0.
HB 649-FN, relative to the governor's authority to expend funds for heating assistance. INEXPEDIENT TO LEGISLATE.
Rep. William S. Belvin for Finance: The bill proposed process changes in
providing for federal fund assistance to be available in a timely manner. As this fuel assistance is provided for in
the governor's budget in the office of energy and planning for fiscal years 2010/2011
it was suggested by several sponsors that the bill was not necessary. Vote
21-0.
HB 688, relative to the chartered public school approval process and relative to open enrollment schools. OUGHT TO PASS.
Rep. Peter F. Bergin for Finance: This bill was referred to Finance because
various federal funds could be affected by the passage. The committee found that no federal funds
would be affected. This bill separates
the open enrollment provisions from the chartered public school statute and
establishes a new chapter on open enrollment schools. Vote 20-0.
HB 250, relative to access to information in the abuse and neglect of adults registry and relative to persons providing child care or child placing services who are charged with a crime. OUGHT TO PASS WITH AMENDMENT.
Rep. Trinka T. Russell for Health, Human Services and Elderly
Affairs: Currently both the division of
children, youth and families and the bureau of elderly and adult services
maintain registries of individuals with founded reports of abuse and
neglect. Founded reports do not indicate
a finding of guilt in a court of law, but do indicate an investigative finding
of the probability of the occurrence of abuse and neglect. This bill requires that licensed entities
seeking to hire new employees to work either with children or adults in a
caretaking capacity shall check both registries. The bill exempts family members from this
procedure. For non-licensed employers,
the bill recommends that both registries be checked. It was the sense of the committee that
checking both registries will likely protect vulnerable children and adults from
potential abusive behavior. Vote 19-0.
Amendment (0799h)
Amend the bill by replacing all after the enacting clause with the following:
1 Child Protection Act; Central Registry. Amend RSA 169-C:35, I and II to read as follows:
I. There shall be established a state child abuse and neglect registry for the purpose of maintaining a record of founded reports of abuse and neglect under this chapter. The registry shall be confidential and subject to rules on access established by the commissioner of the department under RSA 541-A.
II. Upon receipt by the department of a written request and verified proof of identity, an individual shall be informed by the department whether that individual’s name is listed in the founded reports maintained in the central registry. It shall be unlawful for any employer other than those specified in RSA 161-F:49, VII, RSA 170-E, and RSA 170-G:8-c to require as a condition of employment that the employee submit his or her name for review against the central registry of founded reports of abuse and neglect. Any violation of this provision shall be punishable as a violation.
2 Child Day Care Licensing; State Registry and Criminal Records Check. Amend RSA 170-E:7, II(a) to read as follows:
(a) The
department shall, for every name submitted on an application, in the
registration process, and for each individual for whom information is required
to be submitted pursuant to paragraph I, review the names, birth names, birth
dates, and current and previous addresses of such persons against the state child
abuse and neglect registry [of founded abuse and neglect reports]
under
RSA 169-C:35 and the state adult abuse, neglect, and exploitation registry
under RSA 161-F:49.
3 Child Day Care Licensing; State Registry and Criminal Records Check. Amend RSA 170-E:7, IV to read as follows:
IV. If any individual whose name has been submitted for this check has been convicted of a felony offense deemed directly or indirectly harmful to children in child day care, crimes against minors or adults, except crimes as provided in paragraph III, or is the subject of a founded complaint of child abuse or neglect or a founded report of incapacitated adult abuse, neglect, or exploitation under RSA 161-F:49, the department may deny, revoke, or suspend a license, permit, or registration pending the development and implementation of a corrective action plan approved by the department. In addition, the department may, upon a finding of criminal activity or a founded complaint of child abuse or neglect or incapacitated adult abuse, neglect, or exploitation as described in this paragraph, withhold state funding to registered child day care providers that are exempt from the licensing requirements of RSA 170-E:4 pending the development and implementation of a corrective action plan approved by the department. The department shall conduct an investigation in accordance with rules adopted under this subdivision to determine whether the individual poses a present threat to the safety of children. The investigation shall include an opportunity for the individual to present evidence on his behalf to show that the individual does not pose a threat to the safety of children.
4 Foster Parent Licensing; State Registry and Criminal Records Check. Amend RSA 170-E:29, II-a(b) to read as follows:
(b) The central
registry check shall include a check of the [department’s central registry
of founded reports of] child abuse and neglect registry under RSA
169-C:35, the adult abuse, neglect, and exploitation registry under RSA
161-F:49, and [shall include a check of] the child abuse and
neglect registries in any other state in which the prospective foster parents
or other adult living in the home has resided in the preceding 5 years. Information obtained from another state
pursuant to this subparagraph shall be used only for the purposes of conducting
the background checks.
5 Foster Parent Licensing; State Registry and Criminal Records Check. Amend RSA 170-E:29, IV to read as follows:
IV. If any individual whose name has been submitted for this check has been convicted of crimes against minors or adults, except crimes as provided in paragraph III, or is the subject of a founded complaint of child abuse or neglect or a founded report of incapacitated adult abuse, neglect, or exploitation under RSA 161-F:49, the department may deny the license or permit, revoke a license, or suspend a license pending the development and implementation of a corrective action plan approved by the department. The department shall conduct an investigation in accordance with rules adopted under this subdivision to determine whether the individual poses a present threat to the safety of children. The investigation shall include an opportunity for the individual to present evidence on his behalf to show that he does not pose a threat to the safety of children.
6 Services for Children, Youth and Families; State Registry and Criminal Records Check. Amend RSA 170-G:8-c to read as follows:
170-G:8-c State Registry and Criminal Records Check.
I. The department
shall, prior to adding new or transferred staff members whose job descriptions
would cause them to come into direct contact with children, submit the names,
birth names, birth dates, and addresses of such individuals for review against
the state child abuse and neglect registry [of founded abuse and
neglect reports] under RSA 169-C:35 and the state adult
abuse, neglect, and exploitation registry under RSA 161-F:49 and the
division of state police for information about criminal convictions.
II. Prior to the
renewal of any current employment contract of existing employees whose job
description would cause them to come into direct contact with children, the
department shall submit the names, birth names, birth dates, and addresses of
such individuals for review against the state child abuse and neglect
registry [of founded abuse and neglect reports] under RSA 169-C:35 and the state
adult abuse, neglect, and exploitation registry under RSA 161-F:49, and
for review by the division of state police for information about criminal
convictions.
III. The department shall, for every name submitted on the application and for each new or transferred staff member, or for existing staff members in accordance with paragraph II of this section, review the names, birth names, birth dates, and current and previous addresses of such persons against the state registry of founded abuse and neglect reports. The department shall submit the names, birth names, birth dates, and addresses to the division of state police to obtain information about criminal convictions.
IV. If any individual whose name has been submitted for a check under this section has been convicted of crimes against minors or adults, or is the subject of a founded report of child abuse or neglect, or a founded report of incapacitated adult abuse, neglect, or exploitation, the department may deny employment to such person pending the development and implementation of a corrective action plan approved by the department. The department shall conduct an investigation in accordance with rules adopted under this chapter to determine whether the individual poses a present threat to the safety of children. The investigation shall include an opportunity for the individual to present evidence and to show that the individual does not pose a threat to the safety of children.
V. For any current employee convicted of a crime against a minor or adult, or who is or becomes the subject of a founded report of child abuse or neglect, or a founded report of incapacitated adult abuse, neglect, or exploitation, the department may terminate, suspend, demote, or transfer that employee, and may require the development and implementation of a corrective action plan approved by the department. The department shall conduct an investigation in accordance with the rules adopted under this chapter to determine whether the individual poses a present threat to the safety of children. The investigation shall include an opportunity for the individual to present evidence and to show that the individual does not pose a threat to the safety of children.
VI. Any employee transferred to the department from another state department or agency, whose job description within the department of health and human services would cause such employee to come into direct contact with children, shall be subject to provisions of this section.
VII. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the confidentiality of information collected under this section and to the release, if any, of such information.
7 Incapacitated Adult Abuse, Neglect, and Exploitation Registry. Amend RSA 161-F:49, III to read as follows:
III. Except as provided in paragraph IV, for a founded report, the commissioner, or designee, shall notify the employer:
(a) Relative to a prospective employee who is not on the adult registry under this section or the child abuse and neglect registry under RSA 169-C:35, of that fact within 5 days of receipt of a request from the employer.
(b) Relative to a prospective employee who is on the adult registry under this section or the child abuse and neglect registry under RSA 169-C:35, of that fact within 5 business days of receipt of the request from the employer, and the employer shall include in the notice the date the person was placed on the registry.
8 Incapacitated Adult Abuse, Neglect, and Exploitation Registry. Amend RSA 161-F:49, VII to read as follows:
VII. All employers
of programs which are licensed, certified, or funded by the department to
provide services to individuals as defined in RSA 161-F:49, I(a) against the
child abuse and neglect registry established under RSA 169-C:35 shall
be required before hiring a prospective employee who may have client contact to
submit his or her name, for review against the adult registry [of
founded reports of abuse, neglect, and exploitation] under this section or the child
abuse and neglect registry under RSA 169-C:35 to determine whether the
person is on [the] either registry, provided that in the case of
employers of programs which are licensed, certified, or funded by the
department to provide services to individuals as defined in RSA 161-F:49, I(a),
such employers shall not have access to the identity or any information
concerning a perpetrator who is on the child abuse and neglect registry for a
founded report of abuse and neglect against his or her own biological, adoptive,
or stepchild unless the perpetrator consents to such access. The employer shall not hire the prospective
employee if the person is listed on [the] either registry with a
founded case of abuse, neglect, or exploitation, unless the employer requests
and obtains a waiver from the department to hire such person. The employer, upon receiving of notice that a
prospective employee is on [the] either registry and in order to
determine whether he or she should request a waiver from the department, may
request permission from the prospective employee for the authority to obtain
further information about a founded case of abuse, neglect, or exploitation. Any individual hiring a caregiver directly, or
through an authorized representative or fiscal intermediary, to provide
personal care services, as defined in RSA 161-E or RSA 161-I, may, with the
consent of the prospective employee, submit the prospective employee’s name for
review against the adult registry under this section or the child abuse and
neglect registry under RSA 169-C:35 and, if the prospective employee is
on the registry, and with the further permission of the prospective employee,
obtain information about any founded case. The individual shall not be required in such
situations to obtain a waiver prior to hiring a person on the registry. It shall be unlawful for any employer other
than those specified under this paragraph to require as a condition of
employment that the employee submit his or her name for review against the
registry of founded reports of abuse, neglect, department’s case records as the
department deems necessary for the requesting state to be able to evaluate the
results.
XIII. Any state, county, or local government operated, licensed, or funded agency, board, commission, or other entity that is authorized or required to check any person against the child abuse and neglect registry established under RSA 169-C:35 shall also check the person against the registry established under this section.
9 Procedure for Court Appointment of a Guardian of an Incapacitated Person. Amend RSA 464-A:4, V(c) to read as follows:
(c) The court may, in its discretion, request a search of the child abuse and neglect registry under RSA 169-C:35 and the adult abuse, neglect, and exploitation registry under RSA 161-F:49 maintained by the department of health and human services.
10 Effective Date. This act shall take effect July 1, 2010.
AMENDED ANALYSIS
This bill:
I. Expands the background check requirements for certain child care providers to include a search of both the child abuse and neglect registry under RSA 169-C:35 and state adult abuse, neglect, and exploitation registry under RSA 161-F:49.
II. Permits the probate court to order a check of both registries prior to appointing a guardian for an incapacitated adult.
HB 301, establishing a task force to study access to dental care. OUGHT TO PASS WITH AMENDMENT.
Rep. Rich T. DiPentima for Health, Human Services and Elderly
Affairs: Many individuals of all ages
are unable to access routine dental care for a variety of reasons. These reasons include lack of insurance, lack
of dentists serving their community, language barriers and lack of information
about oral health. It is estimated that
approximately 130,000
Amendment (0848h)
Amend the bill by replacing sections 1 - 4 with the following:
1 Statement of
Purpose. The general court finds that
access to dental care for preventive and primary dental services is an
increasing problem in
2 Task Force Established. There is established a task force to study access to dental care.
3 Membership and Compensation.
I. The members of the task force shall be as follows:
(a) Two members of the house of representatives, appointed by the speaker of the house.
(b) One member of the senate, appointed by the president of the senate.
(c) The commissioner of the department of health and human services, or designee.
(d) One member appointed by the New Hampshire Dental Hygienists’ Association.
(e) One member appointed by the New Hampshire Dental Society.
(f) One member appointed by the postsecondary education commission.
(g) One member appointed by the chancellor of the New Hampshire Community College System.
(h) One member appointed by Delta Dental Plan of New Hampshire, Inc.
(i) One member appointed by the New Hampshire Health Care Association.
(j) One member appointed by the New Hampshire School Nurses Association.
(k) One member appointed by the Bi-State Primary Care Association.
(l) One member appointed by the New Hampshire Minority Health Coalition.
(m) One member appointed by the New Hampshire Public Health Association.
(n) One member appointed by the New Hampshire Medical Society.
II. Legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.
4 Duties. The task force shall study the problem of access to dental care for low-income, uninsured, and underinsured persons and shall make recommendations for improving the delivery of services to this population. Areas of focus shall include, but not be limited to, education; Medicaid and other reimbursement for children and adults; promoting a “dental home” to lessen the reliance on emergency rooms for dental care; geographical disparities in available dental services; barriers to care such as transportation, language, and other health problems; and provider models from other states. In addition, the task force shall create a detailed action plan for improving access to dental care. The action plan shall include goals, specific tactics, responsibilities, time frame suggestions, and resource requirements needed to improve access. The access plan shall also identify barriers, and suggested solutions to those barriers, that limit access to care.
HB 371, establishing a commission to study the issue of a registry for joint replacement devices. INEXPEDIENT TO LEGISLATE.
Rep. John W. Cebrowski for Health, Human Services and Elderly Affairs: The committee came to understand that a
registry on the national level, rather than the state level, would be of far
greater value because it would create a more comprehensive database. There are approximately 750,000 joint
replacements in the
HB 414,
establishing a commission to study preventing dental disease among
Rep. Rich T. DiPentima for Health, Human Services and Elderly
Affairs: Dental disease is one of the
most common infectious diseases affecting children in
Amendment (0855h)
Amend subparagraph I(g) as inserted by section 3 of the bill by replacing it with the following:
(g) Two representatives of the New Hampshire Medical Society, one of whom shall be a pediatrician and one of whom shall be a family physician, appointed by the society.
Amend the bill by replacing section 4 with the following:
4 Duties.
I. The commission
shall study means of preventing dental disease among
II. The commission’s study shall include, but not be limited to:
(a) The examination of evidence-based prevention practices from other states.
(b) The social, economic, and environmental factors affecting the oral health of children.
(c) The health consequences and economic impact of early childhood dental disease.
(d) The cost and benefits of implementing state-wide prevention strategies and policies.
III. The commission shall create an action plan for preventing dental disease, delivered in the medical primary care setting, to improve and promote oral health for children between 0 and 3 years of age who are enrolled in the New Hampshire Medicaid program. The action plan shall:
(a) Include clinical and non-clinical goals, objectives, and strategies, as well as specific tactics, responsibilities, time-frame suggestions, and resource requirements within each strategy.
(b) Identify barriers, and suggested solutions to those barriers, for each strategy.
(c) Identify existing training and communication programs that may be used to meet the goals of the commission and determine the need to establish any additional training and communication programs.
(d) Include a Medicaid reimbursement methodology.
(e) Establish metrics to measure the performance and success of the plan.
HB 458-FN, relative to the estates of persons with long-term care policies. INEXPEDIENT TO LEGISLATE.
Rep. Kate W. Miller for Health, Human Services and Elderly
Affairs: This bill was intended to
protect medicaid applicants with long term care insurance policies against
recovery in an amount equal to that long term care policy. However, the sponsor of the bill realized
that this measure was unnecessary under current law and asked the committee to
recommend it as Inexpedient to Legislate.
The committee agrees with the sponsor’s assessment of this legislation. Vote
19-0.
HB 501, relative to recovery of assistance by the department of health and human services. OUGHT TO PASS.
Rep. Frank R. Kotowski for Health, Human Services and Elderly
Affairs: This bill amends RSA 167:14a,
VI by eliminating the term “tenancy in common.” This bill was recommended by the department of
health and human services for the sole purpose of correcting language. Tenancy in common is dealt with in probate
court but is not relevant in this section, which covers non-probatable assets. Vote
19-0.
HB 542, relative to a health information exchange. OUGHT TO PASS WITH AMENDMENT.
Rep. Trinka T. Russell for Health, Human Services and Elderly
Affairs: This bill’s intent is to
develop a framework for health information exchange entities that could be
developed in
Amendment (0697h)
Amend RSA 332-I:3, IV-VI as inserted by section 4 of the bill by replacing them with the following:
IV. A health information exchange shall be certified, when federal certification standards are established, to be in compliance with nationally accepted interoperability standards and practices.
V. No person shall require a health care provider to participate in a health information exchange as a condition of payment or participation.
VI. An individual shall be given an opportunity to opt out of sharing his or her name and address and his or her protected health care information through a health information exchange.
Amend the bill by replacing all after section 4 with the following:
5 Applicability; Certification. RSA 332-I:3, IV as inserted by section 4 of this act shall take effect upon the date when federal certification standards are established for a health information exchange and the commissioner of the department of health and human services so notifies the secretary of state and the director of legislative services.
6 Effective Date.
I. RSA 332-I:3, IV as inserted by section 4 of this act shall take effect as provided in section 5 of this act.
II. The remainder of this act shall take effect January 1, 2010.
AMENDED ANALYSIS
This bill establishes procedures for access to health care information that is in the possession of health care providers and business associates of the health care providers by a health information exchange. Under this bill, an individual shall be given an opportunity to opt out of sharing his or her protected health information through a health information exchange.
HB 592-FN, relative to "adverse events" in hospitals. OUGHT TO PASS WITH AMENDMENT.
Rep. Robert G. Bridgham for Health, Human Services and Elderly
Affairs: This bill is intended to
stimulate quality improvement efforts to prevent serious, but avoidable, errors
in health care. As amended, it requires
hospitals and ambulatory surgical centers to report to the commissioner of
health and human services any of 28 adverse events and to include a root cause
analysis of the event and a corrective action plan to prevent its
recurrence. The 28 events were chosen
because they are serious (often involving death or serious disability), clearly
measurable, and preventable by system changes in the facility. The commissioner is required to systematize
the reporting system, review the reports, recommend improvements when
warranted, and publish an annual summary describing, by facility, the events
reported and outlining the analyses and plans submitted. The commissioner is also charged to report
these events to the other states through the national quality forum and to
monitor similar reporting elsewhere, so that
Amendment (0687h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to “adverse events” in hospitals and ambulatory surgical centers.
Amend the bill by replacing section 1 with the following:
1 Statement of
Purpose. The general court finds that “adverse
events” in hospitals and ambulatory surgical centers kill approximately 195,000
people, including children, nationally every year. The general court further finds that 4 in 10
physicians state that they have personally experienced adverse events. The general court recognizes that
Amend the section heading and the introductory paragraph of RSA 151:37, I as inserted by section 2 of the bill by replacing them with the following:
151:37 Hospitals and Ambulatory Surgical Centers Required to Report Adverse Events.
I. Any hospital or ambulatory surgical center licensed pursuant to this chapter shall report to the commissioner the occurrence of any of the adverse health care events described in subparagraphs (a)-(f) as soon as is reasonably and practically possible, but no later than 15 working days after discovery of the event. The report shall be filed in a format specified by the commissioner and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees, or patients involved. The commissioner may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards. Events to be reported under this subdivision include:
Amend RSA 151:37, III and IV as inserted by section 2 of the bill by replacing them with the following:
III. All information and data made available to the department and its designees under this section shall be confidential and shall be exempt from public access under RSA 91-A.
Amend RSA 151:38 as inserted by section 2 of the bill by inserting after paragraph V the following new paragraph:
VI. Nothing in this section shall be construed to limit the responsibilities and duties of the department under RSA 151.
Amend RSA 151:39 as inserted by section 2 of the bill by replacing it with the following:
151:39 Penalties; Fund Established.
I. Any facility which violates this subdivision for failure to file a timely adverse event report or failure to conduct a root cause analysis, to implement a corrective action plan, or to provide the findings of a root cause analysis or corrective action plan in a timely fashion shall be subject to disciplinary action under this chapter and any other appropriate sanctions under this chapter.
II. There is hereby established the “adverse events” fund to be used to carry out the provisions of this subdivision. The fund shall be composed of fines collected under this chapter, gifts, grants, donations, bequests, or other moneys from any public or private source and shall be used to support adverse event data collection, analysis, reporting, and education. The fund shall be nonlapsing and shall be continually appropriated to the commissioner of the department of health and human services for the purposes of this subdivision.
Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 4:
3 New Subparagraph; Special Fund; “Adverse Events” Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Moneys deposited in the “adverse events” fund established under RSA 151:39, II.
AMENDED ANALYSIS
This bill establishes a reporting system for hospitals and ambulatory surgical centers to report adverse events.
HB 619, relative to medical records and patient information. OUGHT TO PASS WITH AMENDMENT.
Rep. Cindy Rosenwald for Health, Human Services and Elderly
Affairs: The intent of this bill is to
give individuals more control over the use of their medical information for
certain non-medical uses, including marketing.
As amended, individuals will now have the ability to opt-out before
their health information may be used for fundraising. The amendment also removes state level
provisions on business associates of an entity covered by HIPAA that have been
made redundant by recent changes to federal law. Vote 20-0.
Amendment (0683h)
Amend the bill by replacing section 4 with the following:
4 New Sections; Use and Disclosure of Protected Health Information; Marketing; Fundraising. Amend RSA 332‑I by inserting after section 2 the following new sections:
332-I:3 Use and Disclosure of Protected Health Information; Marketing; Fundraising.
I. A health care provider, or a business associate of the health care provider, shall obtain an authorization for any use or disclosure of protected health information for marketing. Such authorization shall meet the authorization implementation specifications for marketing under the regulations adopted pursuant to sections 262 and 264 of HIPAA, as amended.
II.(a) For use or disclosure of protected health information for fundraising, a health care provider, or a business associate of the health care provider, shall, in a clear and conspicuous manner, provide an opportunity for any intended recipient of one or more fundraising communications to elect not to receive such communications. A clear and conspicuous opportunity shall include, but not be limited to, simple election language and type of a sufficient size as to be easily readable by the average adult reader. Such opportunity shall be provided:
(1) Sixty days prior to any fundraising communication; or
(2) Upon presentation of the notice of privacy practices required by regulations adopted pursuant to sections 262 and 264 of HIPAA, as amended, if such notice is given to the intended recipient prior to any fundraising communication; or
(3) To an individual who does not elect to not receive fundraising communications in the opportunities in subparagraphs (1) or (2), in any subsequent written fundraising communications.
(b) When an individual elects not to receive any fundraising communication, such election shall be treated as a revocation of authorization under 45 C.F.R. section 164.508.
III. Protected health information disclosed for marketing or fundraising shall not be disclosed by voice mail, an unattended facsimile, or through other methods of communication that are not secure.
332-I:4 Unauthorized Disclosure. In the event of a use or disclosure of protected health information by a health care provider or a business associate of a health care provider that is allowed under federal law but not permitted by RSA 332-I:3, the health care provider shall promptly notify in writing the individual or individuals whose protected health information was disclosed. A business associate shall be responsible for the cost of such notification if the use or disclosure was by the business associate.
332-I:5 Complaints; Right of Action. An aggrieved individual may bring a civil action under this subdivision and, if successful, shall be awarded special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees.
CACR 7, relating to judges. Providing that judges be elected for a specified term. INEXPEDIENT TO LEGISLATE.
Rep. Gary B. Richardson for Judiciary: CACR 7 would amend the constitution to elect
judges. There were numerous objections
to the CACR as drafted and the majority of the committee objects to the
election of judges. Vote 17-1.
HB 104, repealing the law authorizing the supreme court to establish a business and commercial dispute docket in the superior court. INEXPEDIENT TO LEGISLATE.
Rep. Gary B. Richardson for Judiciary: This bill would repeal the business court
docket that the legislature authorized in the last biennium. The bill was opposed by business and industry
groups and by the judicial branch. There
was considerable testimony in favor of having complicated business disputes
referred to judges with specialized experience. The referral to a business court requires
consent of all parties. The committee
felt that it was premature to consider repealing a new procedure before it has
even been tried. Vote 18-0.
HB 196, establishing a penalty for destruction or frustration of an easement of access. INEXPEDIENT TO LEGISLATE.
Rep. Gary B. Richardson for Judiciary: This bill would have established a penalty
for interference with an easement. The
sponsor made a spirited argument on behalf of his constituent, but the
committee believes that there were unintended consequences and constitutional
problems with the bill. Vote 16-0.
HB 201, requiring the agreement of 10 jurors on issues of liability or damages for jury verdicts in trials of civil actions. INEXPEDIENT TO LEGISLATE.
Rep. Frances D. Potter for Judiciary: The British requirement of unanimity among
jurors was continued in the
HB 203, eliminating the requirement that the trial judge present unanimous findings of the screening panel to the jury in medical injury actions. INEXPEDIENT TO LEGISLATE.
Rep. David L Nixon for Judiciary:
This bill provides that a screening panel’s findings can be read to a
jury when they are supported by a majority of the three-member panel, rather
than by all three of them unanimously.
Because other legislation will better correct the problem sought to be
solved by this bill, its sponsor recommended it be reported ITL. Vote
13-0.
HB 236, permitting access to homeowner's property from adjoining property for the purpose of repair or renovation. INEXPEDIENT TO LEGISLATE.
Rep. Philip Preston for Judiciary: This bill originated from a disagreement
between two neighbors, one of whom wanted to gain access across the property of
the other. She cannot paint or repair
her house because it is located too close to the property line she shares with
her neighbor. HB 236 would allow for a
petition in the superior court for permission to enter a neighbor’s property. Passing a law that requires an individual to
waive his or her property rights is arguably unconstitutional. The committee believes that attempting to
remedy such a situation with new legislation would result in bad law. Vote
17-0.
HB 261, relative to the conveyance of real property to or from trusts. INEXPEDIENT TO LEGISLATE.
Rep. Lucy M. Weber for Judiciary:
The sponsor of this bill requested ITL, as the issue raised was
addressed in HB 260. Vote 19-0.
HB 374, limiting the filing of petitions for trust accountings. INEXPEDIENT TO LEGISLATE.
Rep. Paul L. Hackel for Judiciary: This bill limits the filing of petitions for
trust accounting by beneficiaries of trusts and requires a party filing a
petition for trust accounting-if frivolous- to pay all attorney’s fees and
court costs. There is no need for
legislation because the trusts themselves could limit trust accounting and
present law covers reasonable attorney fees for frivolous law suits. Vote
13-0.
HB 456, establishing a committee to study the definition of surviving issue. INEXPEDIENT TO LEGISLATE.
Rep. Lucy M. Weber for Judiciary:
This bill would establish a committee to study the definition and rights
of a child conceived by artificially preserved sperm and born more than nine
months after the death of the donor parent.
This issue was discussed intensively in the course of consideration of
last Session's SB 460. That bill was
brought on the basis of a single case.
SB 460 would have altered
HB 634, authorizing civil unions between one man and one woman. INEXPEDIENT TO LEGISLATE.
Rep. Lucy M. Weber for Judiciary:
This bill would have allowed heterosexual couples to enter into civil
unions. As heterosexual couples already
have the option of marriage available to them, this bill is unnecessary. Vote
20-0.
HB 684, allowing persons of the opposite sex to enter civil unions, eliminating certain prohibitions on same-sex civil unions, and clarifying that no person shall be a party to both a civil union and a marriage, unless the parties to the marriage are legally separated. INEXPEDIENT TO LEGISLATE.
Rep. Lucy M. Weber for Judiciary:
This bill would have allowed persons of the opposite sex to enter into
civil unions. It would have permitted
siblings and other family members to enter into civil unions. It would have allowed married persons, if
legally separated, to enter into civil unions with persons other than the
separated spouse. The majority believes
that civil unions are intended to extend the rights and responsibilities of
marriage to persons not currently allowed to marry. This bill would unnecessarily muddy the
waters.
Vote 18-1.
HB 46, relative to dispute resolution within the context of public employee dispute resolution. INEXPEDIENT TO LEGISLATE.
Rep. James W. Craig for Labor, Industrial and Rehabilitative
Services: This bill deals with the
statutory method of dispute resolution for public employees. The committee is anxious to look at this
issue in a more comprehensive manner and it will retain another bill to accomplish
this goal. Vote 13-2.
HB 305, relative to public employees' right to strike. INEXPEDIENT TO LEGISLATE.
Rep. Charles F. Weed for Labor, Industrial and Rehabilitative
Services: The committee fully realizes
the need to establish a fair and process for both labor and management in
public employee collective bargaining.
It may not be “the right to strike” for non-emergency employees. The committee has retained another bill
regarding public employee collective bargaining and will thoroughly review
273-A with a clear focus on the end process. Vote 14-2.
HB 280-FN, requiring documents offered or disseminated by lobbyists to show the employer's written authorization. INEXPEDIENT TO LEGISLATE.
Rep. Betsey L. Patten for Legislative Administration: This bill would require all documents
presented by a lobbyist to any legislative committee to have written
identification of the employer and/or organization and the funding mechanism
attached to any of those documents. The
sponsor requested that the committee vote to kill this bill because it might be
unconstitutional. The committee agreed
with the request. Vote 12-0.
HB 360, relative to members of the general court participating in the state group health insurance plan. OUGHT TO PASS.
Rep. Lucy M. Weber for Legislative Administration: RSA 14-A: 61 allows members of the general
court to participate at their own expense in the state employees group health
plan. This bill adds the words “by
virtue of their current employment status with the State of
HB 82, establishing a committee to study the homestead right. INEXPEDIENT TO LEGISLATE.
Rep. Kathleen N. Taylor for Local and Regulated Revenues: The sponsor requested this bill be voted ITL. Vote
16-0.
HB 107, making technical corrections to the law on taxation of farm structures and land under farm structures. OUGHT TO PASS.
Rep. Eric G. Stohl for Local and Regulated Revenues: This bill is a housekeeping measure. Last year HB 1442, Chapter 390 became law and
allowed municipalities to assess land under farm structures to be assessed at a
lower rate if the voters of that municipality authorized it. The department of revenue administration
suggested these technical corrections to the law, RSA 79-F. These technical corrections simply clarify
the existing law. Vote 17-0.
HB 167, relative to the guidelines for revaluations used by the assessing standards board. OUGHT TO PASS WITH AMENDMENT.
Rep. Eric G. Stohl for Local and Regulated Revenues: In 2006, the legislature passed HB 1206,
Chapter 193 which established guidelines for assessors to follow and the
standard used was the 2005 edition of USPAP Standard 6. What this bill does is update the edition of
USPAP Standard 6 to the “most recent edition.” The bill also clarifies RSA 21-J:14-b,
l-a. (a) which deals with establishing
certification, continuing education, and revocation and suspension standards
for assessing officials. It restructures
that section of the law while at the same time making it clearer to understand. Vote
16-0.
Amendment (0041h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to the guidelines for revaluations used by the assessing standards board, and the adoption of rules for disciplinary standards for assessing officials.
Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:
2 Assessing Standards Board; Sanctions. Amend RSA 21-J:14-b, I-a (a), to read as follows:
(a) (1) The
establishment of the following standards for assessing officials:
(A) Certification
standards;
(B) Continuing education [, and]
standards;
(C) Revocation [and],
suspension, and other disciplinary standards [for assessing officials] and
sanctions.
(2) The
department of revenue administration shall be responsible for the enforcement
of [those] the standards adopted under subparagraph (a)(1).
AMENDED ANALYSIS
This bill updates the authority for the assessing standards board in establishing guidelines for revaluations used in the assessment review process. The bill also allows the board to adopt rules for disciplinary standards and sanctions relating to assessing officials
HB 311, allowing municipalities to adopt a homestead exemption for property tax assessments on a person's principal place of residence. INEXPEDIENT TO LEGISLATE.
Rep. Carolyn B. Webber for Local and Regulated Revenues: This bill would allow a homestead exemption
of $25,000 on a person’s principal residence. It was intended to cost shift to owners of
vacation homes. However, in some towns
every homeowner would qualify resulting in a cost shift to businesses. In other towns it could cause an increase in
the local tax rate, leaving little or no savings for the property owner. Also, there is no means testing for the
exemption. This bill will have
consequences not anticipated by the sponsor. Vote 19-0.
HB 382, establishing a committee to study property tax exemptions and credits. INEXPEDIENT TO LEGISLATE.
Rep. Steve Vaillancourt for Local and Regulated Revenues: The only support for this bill came from the
sponsor who testified that he filed it to address a problem his elderly mother
encountered with her property taxes. While
sympathetic with the plight of any individual property taxpayer, the committee
does not believe a single instance or even a series of instances is enough
reason to establish such a wide ranging study committee as this. “The committee shall study property tax
exemption and credits,” the bill notes. The
committee has already dealt with numerous property tax credit and exemption
requests this year, ranging from special requests for veterans and the elderly
to credits for making properties more environmentally friendly. In each case the committee has diligently
looked into the special requests, always keeping in mind that any additional
credits or exemptions will be passed along to the all other taxpayers. The committee believes that each proposal
should be reviewed on its own merit and to open up all issues to a study
committee is neither feasible nor wise. Vote 17-0.
HB 448, allowing municipalities to adopt a property tax credit to persons over 60 years of age in exchange for volunteer services. INEXPEDIENT TO LEGISLATE.
Rep. Timothy Butterworth for Local and Regulated Revenues: The committee has been reluctant to permit
any cost shifting which is not associated with means testing. In earlier years the towns may have accepted
labor on roads in lieu of taxes, but there are too many problems with this
approach now. Vote 17-0.
HB 553-FN, relative to hours of operation of state liquor stores. INEXPEDIENT TO LEGISLATE.
Rep. Kathleen N. Taylor for Local and Regulated Revenues: The sponsor requested this bill be voted ITL. Vote
14-0.
HB 676-FN-L, relative to the reappraisal for tax purposes of property damaged by a natural disaster. INEXPEDIENT TO LEGISLATE.
Rep. Eric G. Stohl for Local and Regulated Revenues: This bill would permit early reappraisal of
property damaged in a natural disaster. The
bill mandated that these properties be reappraised within 30 days by the
municipal assessor. There was discussion
as to whether an insurance appraiser might be a better source of damage
adjustment than the municipal assessor. The
bill arose because one municipality failed to work with a property owner who
suffered damage from such a natural disaster. RSA 76:16 provides the procedure by which a
person may apply for abatement of some or all of their property taxes. This law allows selectmen or assessors to
abate “for good cause” any tax assessed by them. The process for relief in RSA 76:16 is very
similar that sought in HB 676. The
committee feels that the process in law now is sufficient to address this
issue.
Vote 18-1.
HB 33, amending
the
Rep. Elaine M. Lauterborn for Municipal and
HB 43, relative to subdivision and site plan regulation waivers. OUGHT TO PASS WITH AMENDMENT.
Rep. Betsey L. Patten for Municipal and
Amendment (0612h)
Amend the bill by replacing sections 1 and 2 with the following:
1 Subdivision Regulations; Waiver. Amend RSA 674:36, II(n) to read as follows:
(n) Include
provision for waiver of any portion of the regulations. [in such cases where, in the opinion of
the planning board,] The
basis for any waiver granted by the planning board shall be recorded in the
minutes of the board. The planning board
may only grant a waiver if the board finds, by majority vote, that:
(1)
Strict conformity would pose an
unnecessary hardship to the applicant and waiver would not be contrary to the
spirit and intent of the regulations; or
(2) Specific circumstances relative to the subdivision, or conditions of the land in such subdivision, indicate that the waiver will properly carry out the spirit and intent of the regulations.
2 Site Plan Regulations; Waiver. Amend RSA 674:44, III(e) to read as follows:
(e) Include
provision for waiver of any portion of the regulations. [in such cases where, in the opinion of
the planning board,] The
basis for any waiver granted by the planning board shall be recorded in the
minutes of the board. The planning board
may only grant a waiver if the board finds, by majority vote, that:
(1)
Strict conformity would pose an
unnecessary hardship to the applicant and waiver would not be contrary to the
spirit and intent of the regulations; or
(2) Specific circumstances relative to the site plan, or conditions of the land in such site plan, indicate that the waiver will properly carry out the spirit and intent of the regulations.
AMENDED ANALYSIS
This bill authorizes planning boards to waive provisions in subdivision and site plan regulations without finding that conformity would pose a hardship to the applicant and requires that the basis for the waiver be recorded in the minutes of the board.
HB 156-L, authorizing planning boards to require third party review and inspection. OUGHT TO PASS WITH AMENDMENT.
Rep. Robert D. Lewis for Municipal and
Amendment (0778h)
Amend the bill by replacing section 1 with the following:
1 New Section; Planning and Zoning Administration and Enforcement; Planning Board; Third Party Review and Inspection. Amend RSA 676 by inserting after section 4-a the following new section:
676:4-b Third Party Review and Inspection.
I. A planning board reviewing a subdivision plat, site plan, or other land use application may require the applicant to reimburse the board for expenses reasonably incurred by obtaining third party review and consultation during the review process.
II. A planning board approval of a subdivision plat, site plan, or other land use application may require the applicant to reimburse the board for expenses reasonably incurred by obtaining third party inspection during the construction process.
III. A planning board retaining services under paragraph I or II shall require detailed invoices with reasonable task descriptions for services rendered. Upon request of the applicant, the planning board shall promptly provide a reasonably detailed accounting of expenses, or corresponding escrow deductions, with copies of supporting documentation.
IV. A person retained as a third party inspector during the construction process shall observe, record, and promptly report to the planning board or appropriate municipal authority and applicant or applicant’s successor in interest any perceived construction defect or deviation from the terms of the approval or approved project plans.
V. Any person who becomes aware of a failure by a third party inspector to report properly and promptly a construction defect or deviation from the terms of the approval or approved project plans, may file a written complaint to the joint board established under RSA 310-A:1 for possible peer review or disciplinary action.
HB 290, authorizing fluvial erosion hazard zoning. OUGHT TO PASS WITH AMENDMENT.
Rep. Larry Brown for Municipal and
Amendment (0850h)
Amend the title of the bill by replacing it with the following:
AN ACT authorizing fluvial erosion hazard ordinances.
Amend the bill by replacing all after the enacting clause with the following:
1 Flood Hazards. Amend the subdivision heading preceding RSA 674:56 to read as follows:
[Floodplains] Flood
Hazards
2 Flood Hazards. Amend RSA 674:56 to read as follows:
674:56 [Floodplain
Ordinances] Flood Hazards.
I. Municipalities may adopt floodplain ordinances as part of their enrollment in the National Flood Insurance Program. Such ordinances shall be adopted pursuant to the authority granted under RSA 674:16 and 17, and shall be adopted and amended pursuant to the procedures in RSA 675 for the adoption and amendment of zoning ordinances. Municipalities may adopt floodplain ordinances either as an amendment to an existing zoning ordinance or as a separate ordinance. A municipality which adopts a floodplain ordinance which is separate from its zoning ordinance or without otherwise having adopted a zoning ordinance, shall observe all legal and procedural requirements for the floodplain ordinance that would be required for a zoning ordinance, including the creation of a board of adjustment. If a municipality has adopted a zoning ordinance either before or after the adoption of a floodplain ordinance, the board of adjustment shall be the same for both ordinances.
II.(a)
Municipalities may adopt fluvial erosion hazard ordinances. Such ordinances shall be adopted pursuant to
the authority granted under RSA 674:16 and 17, and shall be adopted and amended
pursuant to the procedures in RSA 675 for the adoption and amendment of zoning
ordinances. Municipalities may adopt fluvial
erosion hazard ordinances either as an amendment to an existing zoning
ordinance or as a separate ordinance. A
municipality which adopts a fluvial erosion hazard ordinance which is separate
from its zoning ordinance or without otherwise having adopted a zoning
ordinance, shall observe all legal and procedural requirements for the fluvial
erosion hazard ordinance that would be required for a zoning ordinance,
including the creation of a board of adjustment. If a municipality has adopted a zoning
ordinance either before or after the adoption of a floodplain ordinance, the
board of adjustment shall be the same for both ordinances.
(b) Any fluvial erosion hazard zoning shall be based
on delineation of zones consistent with any protocols established by the
department of environmental services in effect on the date of its
adoption. If the planning board of a
municipality proposes to adopt, by ordinance or amendment, a fluvial erosion
hazard ordinance, the board shall, prior to determining the final form of the
ordinance or amendment under RSA 675:2 or RSA 675:3, submit to the department
of environmental services a map of all fluvial erosion hazard zones. The department shall review the map and advise
the board within 30 days whether the map and zones are consistent with
department protocols. The department’s
comments, if any, shall be advisory only.
3 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill establishes procedures enabling a municipality to adopt a fluvial erosion hazard ordinance.
HB 319, revising
the charter of the union
Rep. Suzanne S. Laliberte for Municipal and
Amendment (0824h)
Amend the title of the bill by replacing it with the following:
AN ACT authorizing the
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Concord Union School District Charter; Amendments to Charter. Amend 1961, 355, as amended by 1967, 560; 1971, 262; 1977, 47; and 1983, 123 by inserting after section 20 the following new section:
355:21 Revisions, Amendments, or New Charter. Any revisions or amendments to this charter or the adoption of a new charter shall comply with the provisions of RSA 49-B.
2 Referendum; Concord School District Charter; Amendments to Charter. Section 1 of this act shall not take effect unless it is adopted by a majority vote of those present and voting at the regular school board election in November 2009 as hereinafter provided. The clerk of the Concord school district shall cause to be printed at the bottom of the ballot prepared for the election of members of the board of education the following question “Shall the provisions of an act entitled ‘An act authorizing the Concord school district to amend its charter without prior legislative approval’ passed at the 2009 session of the legislature, be adopted?” Beneath this question shall be printed the word “Yes” and the word “No” with a square immediately opposite each word, in which the voter may indicate his or her choice. If a majority of those voting on this question at said election vote in the affirmative on this question, this act shall be declared to have been adopted and section 1 of this act shall become effective January 1, 2010. The school district clerk shall within 10 days of said election certify to the secretary of state the result of the vote on the above question.
2 Effective Date.
I. Section 1 of this act shall take effect as provided in section 2 of this act.
II. The remainder of this act shall take effect upon its passage.
AMENDED ANALYSIS
Subject to approval by the Concord school district voters, this bill provides that any revisions or amendments to the Concord school district charter, or the adoption of a new school district charter, shall be made without prior legislative approval and shall comply with the procedures in RSA 49-B for revising, amending, or adopting a municipal charter.
HB 320-L, relative to agreements between central business service districts and municipalities for infrastructure improvements. OUGHT TO PASS WITH AMENDMENT.
Rep. Suzanne S. Laliberte for Municipal and
Amendment (0856h)
Amend the bill by replacing all after the enacting clause with the following:
1 Purpose Statement. Amend RSA 31:120 to read as follows:
31:120 Purpose. The declared purpose of this subdivision is to enable municipalities to establish central business service districts in high density areas of predominantly commercial uses to provide property services at a more intensive level than is provided in the balance of the municipality; to provide funds for capital expenditures of not more than $20,000 per project; and to authorize the establishment of charges to owners of property within such central business service districts in an amount not to exceed the costs to the municipality of providing such services at levels over and above those provided in the balance of the municipality.
2 Services Advisory Committee; Cost. Amend RSA 31:122, I to read as follows:
I.(a) The services which may be provided by a municipality in a central business service district under the provisions of this subdivision may include property-related services performed in the public right-of-way, including sidewalk snow removal, landscaping, street and sidewalk cleaning, refuse collection, and other business development services and activities related to the maintenance of an attractive, useful, and economically viable business environment. These services and activities may be either those of a routine nature provided for all properties, or may be particular to those in the central business service district.
(b) After a duly noticed public hearing, capital
expenditures of not more than $20,000 per project that have been approved by a
2/3 vote of the advisory board shall be subject to approval by a 2/3 vote of
the governing body.
3 Services Advisory Committee; Cost. Amend RSA 31:122, III to read as follows:
III. The costs of
providing special services in the central business service district shall be
those accruing to the municipality which results exclusively from the provision
of services in the district which exceed those being provided in the balance of
the municipality. The costs of services
provided throughout the municipality or available to all properties and the
costs of services or levels of services regularly and routinely provided within
the central business service district prior to July 23, 1983, may not be
included as costs for the purpose of this subdivision. [Further, capital expenditures, with the
exception of tools and equipment utilized in the normal business practice of
and incidental to, the provision of services set forth in paragraph I may not
be included as costs for the purpose of this subdivision.]
4 Method of Appropriation. Amend RSA 31:123 to read as follows:
31:123 Method of Appropriation. Each municipality shall adopt a budget for capital expenditures or services to be performed in a central business service district as part of its budget process. At the end of the fiscal year, a full accounting of expenditures shall be made. Balances or deficits of the central business service district account shall be reflected in the subsequent year's account budget to offset appropriation requirements.
5 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill permits central business service districts to make capital expenditures of not more than $20,000 per project.
HB 377, relative to extending certain dates for town budget preparation. INEXPEDIENT TO LEGISLATE.
Rep. Robert D. Lewis for Municipal and
HB 178, naming a
bridge on
Rep. Patrick T. Long for Public Works and Highways: The committee felt the relevance of honoring
Ms. Dudley was appropriate given the long service within several capacities,
locally and as a State Representative in the General Court. The letter received from the Lebanon City
Council unanimously requesting the committee to vote favorably is testimony to
the appreciation the area has for her service. Vote 12-2.
HB 437, relative
to the operation of the
Rep. Gene G. Chandler for Public Works and Highways: This bill is another step towards weaning the
department of transportation away from operating
Amendment (0435h)
Amend 2007, 264:2, II, D as inserted by section 1 of the bill by replacing it with the following:
D.
*I. Rental or
lease payments received from the liquor commission for use of the
*II. The
commissioner of the department of transportation may negotiate and enter into
contracts with other state agencies or private sector entities or both, to
insure continued operation and maintenance of the
AMENDED ANALYSIS
This bill:
I. Modifies the way revenue from rental and
lease payments from the liquor commission for use of the
II. Requires other revenues from the
This bill is a request of the
department of transportation and the department of resources and economic
development.
HB 552, renaming
a bridge across the Connecticut River the
Rep. John R. Cloutier for Public Works and Highways: This bill would name the old arch bridge
#040095 over the Connecticut River in
HB 554, renaming
the
Rep. Candace C. W. Bouchard for Public Works and Highways: Sponsor asked the bill be ITL and there was
no testimony of support from City of
HB 657-FN-L, relative to the responsibility of the state for the infrastructure of state roads that run through certain towns. INEXPEDIENT TO LEGISLATE.
Rep. Edmond D. Gionet for Public Works and Highways: The committee unanimously felt that more
clarity of the cost apportionment of certain state roads through some
municipalities is needed, but not through legislation at this time. The committee is encouraging the department
of transportation (DOT) to communicate directly with the affected communities
and look at the “municipal compacts” as possible avenues to address the
problem. Also, in light of uncertain
future highway revenues, the financial impact to the DOT budget must be more
carefully evaluated. Vote 13-0.
SB 77, renaming the Christa McAuliffe planetarium the McAuliffe-Shepard discovery center. OUGHT TO PASS WITH AMENDMENT.
Rep. James E. Cyr for Public Works and Highways: This bill would rename
Amendment (0783h)
Amend the bill by replacing section 7 with the following:
7 Effective Date. This act shall take effect upon its passage.
HB 293, amending
the
Rep. Suzanne H. Gottling for Resources, Recreation and
Development: The bill changes expiration
dates of the terms of commission members so that future terms will be
staggered. Presently, all terms expire
at the same time. At its own request,
the office of energy and planning will be removed from the commission, to
concentrate its resources on work more central to its core responsibilities. Vote
15-2.
Amendment (0772h)
Amend RSA 216-J:2, I as inserted by section 1 of the bill by replacing it with the following:
I. The [9] members of the commission
shall be as follows:
(a) Two
members representing the town of
(b) Two
members representing the
(c) One member representing the Hampton Area Chamber of Commerce, appointed by its board of directors.
(d) One member representing the Rockingham regional planning commission, appointed by its board of directors.
(e) The commissioner of the department of resources and economic development, or designee.
(f) The commissioner of the department of transportation, or designee.
[(g) The
director of the office of energy and planning, or designee.]
Amend RSA 216-J:2, II (b) as inserted by section 1 of the bill by replacing it with the following:
(b) Following the staggering of terms, subsequent terms of commission members appointed under subparagraphs I(a)-(d) shall be for 3 years. The term of members designated to serve under subparagraphs I(e)-(f) shall be coterminous with his or her term in office. Vacancies shall be filled for an unexpired term in the same manner and by the same body as the original appointment was made.
HB 307, allowing the construction of grey water systems on private property. INEXPEDIENT TO LEGISLATE.
Rep. Suzanne H. Gottling for Resources, Recreation and
Development: This bill resulted from the
concerns of a town code enforcement officer who felt the state’s rules
regarding residential grey water systems were confusing and made it difficult
for homeowners to build such systems.
The department of environmental services agreed to work with him to
clarify the rules so they are more easily used by homeowners. Vote
20-0.
HB 314-L, relative to municipalities contracting for impact studies for large groundwater withdrawals. OUGHT TO PASS WITH AMENDMENT.
Rep. Judith T. Spang for Resources, Recreation and
Development: Municipalities have the
ability to ask developers to pay for impact studies on projects. However, state groundwater laws have deprived
them of the ability to charge developers of large groundwater withdrawal
projects for the cost of an independent review of the highly technical
hydrological data submitted by applicants for state permits. The committee feels this is important for
giving municipalities some measure of assurance that permits will not be issued
that compromise their water supplies. Vote 16-1.
Amendment (0750h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to the assessment of certain costs associated with proposed large groundwater withdrawals from wells.
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Approval for Large Groundwater Withdrawals. Amend RSA 485-C:21 by inserting after paragraph IX the following new paragraph:
X. Each municipality in which a well associated with a proposed withdrawal is or will be located may assess the applicant all reasonable costs associated with obtaining the services of a New Hampshire licensed engineer or geologist to review and comment on documents submitted by the applicant to the department that are associated with requirements of this section and RSA 485-C:4, XII. Community water systems, as defined in RSA 485:1-a, I, are exempt from the provisions of this paragraph.
2 Effective Date. This act shall take effect 60 days after passage.
AMENDED ANALYSIS
This bill permits a municipality in which a well associated with a proposed large groundwater withdrawal is located to assess the applicant certain costs.
HB 443, relative to underground storage facility operator training. OUGHT TO PASS WITH AMENDMENT.
Rep. Chris Christensen for Resources, Recreation and
Development: This bill is at the request
of the department of environmental services and the oil fund disbursement
board. It establishes training and
certification requirements for operators of petroleum underground storage
facilities to reduce the risk of new releases and reduce the impact on the
environment if a release should occur.
The training program was developed with participation from industry and
environmental groups as well as government agencies, including the U.S.
EPA. Compliance with U.S. EPA
requirements in this area will allow DES to continue to apply for and receive
$1,000,000 annually in related federal funding.
No new funding is needed for DES to carry out the program. The amendment clarifies record keeping
requirements and provides for systems that have electronic monitoring. Vote
17-0.
Amendment (0782h)
Amend RSA 146-C:19, II(b) as inserted by section 2 of the bill by replacing it with the following:
(b) The results of each inspection shall be
recorded in a monthly inspection report.
The records shall be maintained and made available for department
inspection and copying for a period of not less than 3 years.
Amend RSA 146-C:19, II(c)(9) as inserted by section 2 of the bill by replacing it with the following:
(9) Inspect each motor fuel dispenser cabinet
interior for leaking components and the presence of oil, water, or debris;
remove and dispose of any oil, water, or debris in accordance with all applicable
federal, state, and local requirements; and repair each component as
necessary. If a motor fuel dispenser
cabinet interior has a liquid-tight containment sump with continuous leak
detection monitoring provided by either a dispenser sump sensor or the attached
piping sump sensor, the motor fuel dispenser cabinet interior inspection may be
conducted annually and the results reported in the associated monthly
inspection report.
Amend RSA 146-C:19, II(d) as inserted by section 2 of the bill by replacing it with the following:
(d) Deficiencies discovered during the visual
inspection shall be repaired or otherwise resolved within 30 days.
HB 502, modifying the definition of "dam." OUGHT TO PASS.
Rep. Suzanne H. Gottling for Resources, Recreation and
Development: This bill would remove dams of less than six feet in height,
considered non-menace dams, from the definition of “dam” under the NH Dam
Safety Program. This conforms to the
National Dam Safety Act of 2006 and the Model State Dam Safety Program of FEMA
which excludes barriers less than six feet in height. Most other states use the six foot
standard.
HB 395, requiring electric utilities to offer a renewable default energy service option. OUGHT TO PASS WITH AMENDMENT.
Rep. Suzanne Harvey for Science, Technology and Energy: This bill is intended to promote the growth of
renewable energy for electricity, ultimately decreasing the burning of fossil
fuels. HB 395 would require electric utilities
to offer customers a “green option.”
Only customers willing to pay a premium (amount approved by the Public
Utilities Commission) would sign up for this service. The utilities support this bill, which allows
flexibility in how they meet customer demand.
Utilities will promote and explain the option in their communications to
customers, and by choosing this option, consumers will be able to work with
their wallets for renewable energy. Vote 19-0.
Amendment (0873h)
Amend the title of the bill by replacing it with the following:
AN ACT requiring electric utilities to offer renewable energy source options.
Amend the bill by replacing all after the enacting clause with the following:
1 Electric Utilities; Renewable Energy Source Option. RSA 374-F:3, V(f) is repealed and reenacted to read as follows:
(f)(1) For purposes of subparagraph (f), “renewable energy source” (RES) means a source of electricity, as defined in RSA 362-F:2, XV, that would qualify to receive renewable energy certificates under RSA 362-F, whether or not it has been designated as eligible under RSA 362-F:6, III.
(2) A utility shall provide to its customers one or more RES options, as approved by the commission, which may include RES default service provided by the utility or the provision of retail access to competitive sellers of RES attributes. Costs associated with selecting an RES option should be paid for by those customers choosing to take such option. A utility may recover all prudently incurred administrative costs of RES options from all customers, as approved by the commission.
(3) RES default service should have either all or a portion of its service attributable to a renewable energy source component procured by the utility, with any remainder filled by standard default service. The price of any RES default service shall be approved by the commission.
(4)
Under any option offered, the customer shall be purchasing electricity
generated by renewable energy sources or the attributes of such generation,
either in connection with or separately from the electricity produced. The regional generation information system of
energy certificates administered by the ISO-
(5) A utility that is required by statute to provide default service from its generation assets should use any of its owned generation assets that are powered by renewable energy for the provision of standard default service, rather than for the provision of a renewable energy source component.
(6) Utilities should include educational materials in their normal communications to their customers that explain the RES options being offered and the health and environmental benefits associated with them. Such educational materials should be compatible with any environmental disclosure requirements established by the commission.
(7) For purposes of consumer protection and the maintenance of program integrity, reasonable efforts should be made to assure that the renewable energy source component of an RES option is not separately advertised, claimed, or sold as part of any other electricity service or transaction, including compliance with the renewable portfolio standards under RSA 362-F.
(8) If RES default service is not available for purchase at a reasonable cost on behalf of consumers choosing an RES default service option, a utility may, as approved by the commission, make payments to the renewable energy fund created pursuant to RSA 362-F:10 on behalf of customers to comply with subparagraph (f).
(9) The commission shall implement subparagraph (f) through utility-specific filings. Approved RES options shall be included in individual tariff filings by utilities.
(10) A utility, with commission approval, may require that a minimum number of customers, or a minimum amount of load, choose to participate in the program in order to offer an RES option.
2 Effective Date. This act shall take effect 120 days after its passage.
AMENDED ANALYSIS
This bill requires electric utilities to offer one or more renewable energy source options.
HB 413, relative to alternative regulation of small incumbent local exchange carriers. INEXPEDIENT TO LEGISLATE.
Rep. James M. Garrity for Science, Technology and Energy: This bill would have allowed regulatory
flexibility for small incumbent local exchange telephone carriers to offer
competitive, bundled communications services in their territories. Due to the complex regulatory environment,
pending changes from
HB 585-FN, relative to outdoor lighting efficiency. OUGHT TO PASS WITH AMENDMENT.
Rep. Robert E. Introne for Science, Technology and Energy: This bill establishes requirements for the
purchase of outdoor lighting systems by state and municipal governing
bodies. It further establishes the New
Hampshire Dark Skies policy to encourage outdoor lighting efficiency, and
minimize light pollution and glare. When
state funds are used to install or replace, when needed, any permanent outdoor
complete lighting system (luminaire) on highways, interstates, ramps and
grounds and facilities, the lighting system must be a fully shielded luminaire
when the output is greater than 1800 lumens.
Compliance shall not apply when the Commissioner of Transportation determines
that its use would compromise safety, incur cost or violate federal law. Permanent outdoor luminaires funded by
municipalities shall use fully shielded system lighting (luminaires) when the
rated output is greater than 1800 lumens.
The governing body of the municipality may waive this requirement. To encourage cost savings and energy
conservation, DOT will consider replacing existing luminaire installations with
lower wattage, or operate at part time, or eliminate where appropriate. Additionally the PUC shall develop rates for
part night service for street and area lighting. Overall, this bill is intended to be budget
neutral. Vote 19-0.
Amendment (0895h)
Amend the bill by replacing all after the enacting clause with the following:
1 New Chapter; Outdoor Lighting Efficiency. Amend RSA by inserting after chapter 9-C the following new chapter:
CHAPTER 9-D
OUTDOOR LIGHTING EFFICIENCY
9-D:1 Definitions. In this chapter:
II. “Fully shielded luminaire” means a luminaire that allows no direct light emissions above a horizontal plane through the luminaire’s lowest light-emitting part.
III. “Glare” means direct light emitting from a luminaire that is significantly greater than luminance to which the eyes are adapted which causes reduced vision or momentary blindness.
IV. “Illuminance” means the unit measure of light at a surface.
V. “Light trespass” means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.
VI. “Lumen” means a unit of measure of luminous flux.
VII. “Luminaire” means the complete lighting system, including the lamp and the fixture.
VIII. “Lamp” means the component of a luminaire that produces the specific form of radiant energy that is observed as light.
IX. “Permanent outdoor luminaire” means any luminaire or system of luminaires that is outdoors and intended to be used for 21 days or longer.
X. “State highway” means any of the highways of the state classified in RSA 229:5.
9-D:2 State Purchase of Permanent Outdoor Lighting Design.
I. No state funds shall be used to install or replace any permanent outdoor luminaire unless:
(a) The luminaire is a fully shielded luminaire when the rated output of the luminaire is greater than 1,800 lumens.
(b) The maximum illuminance at the designated surface does not exceed the minimum illuminance level recommended for that purpose by the Illuminating Engineering Society of North America or the Federal Highway Administration.
(c) The director of the agency responsible for the funding of such luminaire or having authority over the illuminated infrastructure ensures that consideration is given to minimizing glare and light trespass.
II. The requirements of paragraph I shall not apply if:
(a) Compliance would create a conflict with federal laws or regulations;
(b) The director of the agency responsible for funding the installation of such luminaire or having authority over the illuminated infrastructure determines that there is a compelling safety interest that cannot be addressed by any other method;
(c) With respect to roadway lighting on state highways, when in specific instances the commissioner of transportation determines that use of a fully shielded luminaire would compromise the safety of the public utilizing the highway, increase the cost of the lighting plan or lighting replacement for the highway, or violate any provision of federal law; or
(d) The
luminaire shall be used to illuminate designated public and historic
structures, monuments, and flags of the
III. No public utility company may install or replace a permanent outdoor luminaire for roadway lighting if the cost of operating such luminaire is paid for by municipal funds, unless:
(a) The luminaire is a fully shielded luminaire when the rated output of the luminaire is greater than 1,800 lumens.
(b) The maximum illuminance at the designated surface does not exceed the minimum illuminance recommended for that purpose by the Illuminating Engineering Society of North America or the Federal Highway Administration.
(c) The governing body of a municipality may waive the provisions of subparagraph (a) when, after written notice from the public utility company 30 days prior to the installation or replacement of the luminaire, the governing body determines that a waiver is necessary for the lighting application. Such notice shall be in such form as the governing body shall prescribe and may include a description of the lighting plan and a description of the efforts that have been made to comply with the provisions of RSA 9-D:3. The governing body may consider design safety, costs, and other factors deemed appropriate by the governing body.
9-D:3
9-D:4 Part-Night Rates for Roadway and Area Lighting. To encourage cost savings and energy conservation, the public utilities commission shall, subject to its ratemaking authority under RSA 378, develop rates for part-night or midnight service for unmetered street or area lighting. Such rates shall be revenue neutral with respect to utility distribution revenue.
9-D:5 Report by Department of Transportation. The department of transportation shall:
I. Review and update its criteria for roadway lighting to ensure that its current standards and procedures conform to commonly accepted best practices.
II. Explore how energy and maintenance costs can be reduced by replacing existing luminaries with lower-wattage, fully shielded luminaries or by eliminating roadway lighting altogether where appropriate.
III. Beginning November 1, 2009 and each November 1 thereafter, submit an annual report of its activities and findings to the office of energy and planning.
2 Effective Date. This act shall take effect 60 days after its passage.
HB 517, relative to the definition of "armed forces." INEXPEDIENT TO LEGISLATE.
Rep. Sarah A. Hutz for State-Federal Relations and Veterans
Affairs: The committee does not support
a definition change at this time. Under
RSA 72:35 Merchant Marines serving during WWII are already recognized. This was the only time they have been
activated under the federal powers act. Vote 11-0.
HB 550,
encouraging the
Rep. Frank R. Emiro for State-Federal Relations and Veterans
Affairs: There is an American flag now
flying over the
HJR 1, requesting that Congress appropriate funds to revitalize public facilities for access to the ocean and seashore. INEXPEDIENT TO LEGISLATE.
Rep. Cynthia P. Sweeney for State-Federal Relations and Veterans
Affairs: While the committee respects
the concerns of the Town of
HJR 2, urging Congress to modify Medicare payments to enhance the compensation of primary care providers. OUGHT TO PASS.
Rep. Sarah A. Hutz for State-Federal Relations and Veterans
Affairs: HJR 2 urges our congressional
delegation to modify payments under Medicare made to general practice
physicians. Currently, doctors, especially
in northern NH, are finding it difficult to continue practicing family medicine
due to financial constraints, often opting for more specialized practices. The committee wishes to encourage more
general practices, and finds this a reasonable vehicle. Vote 14-0.
HB 179, requiring automobile insurance to register a vehicle. INEXPEDIENT TO LEGISLATE.
Rep. Jennifer R. Coffey for Transportation: This bill requires proof of motor vehicle
liability insurance in order to register a motor vehicle. The committee feels that we should not place
fiscal burdens on citizens, which include requirements to have full year
insurance when companies often offer a lesser time frame for policies. This could also prevent self insurance. Vote
18-0.
HB 186, relative to rulemaking concerning rafts on public waters. OUGHT TO PASS WITH AMENDMENT.
Rep. C. Pennington Brown for Transportation: This bill repeals a regulation that has the
unintended consequence of removing “stationary swimming rafts” from all
jurisdictions. These rafts can be large
and create problems in place or adrift.
The amendment adds a requirement that agencies that rent or lease
motorized watercraft verify the customer is certified. Vote 16-0.
Amendment (0385h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to rulemaking concerning rafts on public waters and prohibiting the rental of a motorized watercraft to a person who does not have a certificate of boating safety education.
Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 4:
2 New Paragraph; Vessel Registration and Numbering; Definitions; Rental Agent. Amend RSA 270‑E:2 by inserting after paragraph X the following new paragraph:
X-a. “Rental agent” means any person, as defined in RSA 270:2, II, accepting money or other valuable consideration for the temporary use of vessels, provided to members of the general public.
3 Rental Agents; Prohibitions. Amend RSA 270-E:25 to read as follows:
270-E:25 Prohibitions; Penalties.
I. No [person]
rental
agent shall:
(a) Rent or lease any motorized watercraft to any other person without having a rental agent safety certificate. This subparagraph shall not apply to the use of any motorized watercraft which is included in the rental or lease of real property.
(b) Rent or lease any motorized watercraft to any other person without complying with the requirements of RSA 270-D:2-c.
(c) Rent
or lease any motorized watercraft to any person who has not provided proof to
the rental agent of having met the requirements of RSA 270-D:10.
(d) Rent or lease any motorized watercraft that is unsafe to any other person.
II. Any person violating subparagraph I(a) shall be guilty of a violation for a first or second offense committed within the same calendar year and guilty of a misdemeanor for any subsequent offense committed within the same calendar year.
III. The
commissioner may revoke the rental agent safety certificate upon finding that
the certificate holder has violated subparagraph I(b), [or] I(c), or
I(d).
AMENDED ANALYSIS
This bill repeals a provision exempting swimming rafts from certain rulemaking authority of the commissioner of safety. This bill also prohibits the rental of a motorized watercraft to a person who does not have a certificate of boating safety education and limits the application of certain watercraft rental prohibitions to rental agents, as defined in the bill.
HB 228, relative to roadside memorials. INEXPEDIENT TO LEGISLATE.
Rep. Paul H. Ingersoll for Transportation: The committee feels that there are already
state and town laws that cover roadside activities in RSA 236:110 and the
committee feels it didn’t want to conflict with any town or county or state
laws.
Vote 14-0.
HB 273, relative to submission of electronic data by municipal and county inspection stations. OUGHT TO PASS.
Rep. Roland H. LaPlante for Transportation: This would be a savings for cities and towns
because this bill would exclude them from buying equipment necessary for them
to send results to
HB 315, clarifying a law relative to junkyards within industrial areas. OUGHT TO PASS.
Rep. Michael B. O'Brien for Transportation: The committee unanimously supports this bill
in recognition of assisting the efficiency of the department of safety. This bill eliminates the words “the federal
aid primary system” and leaves the remaining language of the bill intact. This elimination allows modernization in
current language for the department of safety. Vote 12-0.
HB 485, establishing a committee to study enforcement of walking disability placard violations. OUGHT TO PASS.
Rep. Brian D. Rhodes for Transportation: The misuse of handicap parking permits has
become a daily occurrence in
HB 515, establishing a commission to study electric vehicles. OUGHT TO PASS WITH AMENDMENT.
Rep. George N. Katsakiores for Transportation: The committee realizes that future vehicles
will not be powered by gasoline engines.
The bill provides an opportunity to think in terms of the future with
regards to use of our highways. Vote 13-0.
Amendment (0569h)
Amend the title of the bill by replacing it with the following:
AN ACT establishing a commission to study alternate fuel vehicles.
Amend the bill by replacing sections 1-3 with the following:
1 Commission Established. There is established a commission to study alternate fuel vehicles.
2 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Three members of the senate, appointed by the president of the senate.
(c) The commissioner of transportation, or designee.
(d) The commissioner of safety, or designee.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
3 Duties. The commission shall study the rules of the road and taxation associated with alternate fuel vehicles, to include, but not be limited to, electric vehicles, hybrid vehicles, and any future vehicles that are not powered totally by gasoline engines. The commission shall evaluate the desirability of establishing operating restrictions for alternate fuel vehicles and methods of providing funds for their use of highways.
AMENDED ANALYSIS
This bill establishes a commission to study alternate fuel vehicles.
HB 518, relative to driver's license application forms. OUGHT TO PASS.
Rep. C. Pennington Brown for Transportation: This is a housekeeping bill that authorizes
the department of safety to omit certain options currently required on the
driver’s license application form when the DOS does not print social security
numbers or home addresses on licenses or retain photograph files. Vote
15-0.
HB 578-FN-L, relative to testimony by video teleconference. OUGHT TO PASS WITH AMENDMENT.
Rep. Richard T. Stuart for Transportation: This bill and amendment authorizes testimony
by video teleconference at department of safety administrative hearings in
district and superior court motor vehicle cases when parties agree. It will save expenses related to transport. Vote
17-0.
Amendment (0746h)
Amend the bill by replacing section 1 with the following:
1 New Paragraph; Bureau of Hearings; Testimony by Video Teleconference. Amend RSA 21-P:13 by inserting after paragraph II the following new paragraph:
III. The bureau of hearings shall hold an administrative hearing or take testimony by video teleconference if requested by a party to the hearing who gives adequate notice to the bureau and the other parties to the hearing, provided that testimony is limited to the matters relating to hearings that are open to the public in accordance with RSA 541-A and provided that no party files a timely written objection to the introduction of testimony by video teleconference.
HB 613, establishing a committee to study the advantages and disadvantages of state acquisition of the remaining rail corridors. OUGHT TO PASS.
Rep. Jennifer M. Brown for Transportation: This bill establishes a committee to study
the advantages and disadvantages of the acquisition of the remaining rail
corridors by the state. The committee feels
that this would be prudent in light of the fact that more rail transportation
is in our future. If we can retain some
of the corridors already in place, it would save efforts. Vote
15-0.
HB 639-FN, relative to mandatory motor vehicle liability insurance. INEXPEDIENT TO LEGISLATE.
Rep. Jennifer R. Coffey for Transportation: This bill requires proof of motor vehicle
liability insurance in order to register a motor vehicle. The committee feels that we should not place
fiscal burdens on citizens, which include requirements to have full year
insurance when companies often offer a lesser time frame for policies. This could also prevent self insurance. This bill was the same as a previous one but
includes stiffer penalties. Vote 18-0.
HB 170, relative to reporting requirements for certain dedicated funds in the department of safety. OUGHT TO PASS.
Rep. William A. Hatch for Ways and Means: This bill requires the Department of Safety
to provide annual reports on the utilization of the nuclear planning and
response fund, motor cycle rider safety fund, navigation safety fund, and the
enhanced 911 system fund. The reports
are to be submitted to the governor, speaker of the house, president of the
senate, the chairperson of Ways and Means committee and the appropriate policy
committee. The intent of this bill is to
have the use of these dedicated funds reviewed annually to assure the use and
continuation of these funds are appropriate.
Vote 20-0.
HB 194-FN, relative to the adoption of fees for inspections and plan review services by the division of fire safety. INEXPEDIENT TO LEGISLATE.
Rep. William G. Johnson for Ways and Means: This bill would move fees for inspections and
plan reviews to rulemaking. The
committee did not hear sufficient evidence to warrant such a change. Vote
19-1.
HB 241-FN-A, increasing the interest and dividends tax exemption for income-eligible persons 65 years of age or older. INEXPEDIENT TO LEGISLATE.
Rep. Robert M. Walsh for Ways and Means: This bill would grant increased exemptions to
the interest and dividends tax for persons 65 years of age or older. This bill would decrease General Fund
revenues by $1,137,000. We heard from
the department of revenue that this would be difficult to administer as all
individuals with taxable interest and dividends would have to furnish proof to
DRA that they qualify for the exception under this bill, a most confusing and
difficult situation. Vote 17-2.
HB 296-FN-A, relative to fees for fuel oil discharge prevention and cleanup. OUGHT TO PASS WITH AMENDMENT.
Rep. Ron J. Mack for Ways and Means: This bill as amended, transfers funds from
the oil pollution control fund to the fuel oil discharge cleanup fund and
authorizes a performance audit of oil funds administered by the oil fund disbursement
board and the related programs of the department of environmental services for
clean up of petroleum contamination. Vote 18-1.
Amendment (0901h)
Amend the title of the bill by replacing it with the following:
AN ACT transferring funds related to oil discharge prevention and cleanup, and an oil fund performance audit.
Amend the bill by replacing all after the enacting clause with the following:
1 Oil Fund Performance Audit. The legislative budget assistant shall conduct by December 2009 a performance audit of the oil funds administered by the oil fund disbursement board and the related programs of the department of environmental services for clean up of petroleum contamination.
2 Funds Transferred from the Oil Pollution Control Fund to the Fuel Oil Discharge Cleanup Fund. Within 15 days after the effective date of this section, the department of environmental services shall transfer $400,000 from the New Hampshire oil pollution control fund established by RSA 146-A:11-a to the fuel oil discharge cleanup fund established by RSA 146-E:3, I.
3 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill transfers funds from the oil pollution control fund to the fuel oil discharge cleanup fund and authorizes a performance audit of oil funds administered by the oil fund disbursement board and the related programs of the department of environmental services for clean up of petroleum contamination.
HB 378-FN-A, relative to fees for detoxification and methadone maintenance programs. OUGHT TO PASS WITH AMENDMENT.
Rep. Susan G. Price for Ways and Means: The bill was requested by the department of
health and human services to address state, as well as, federal certification,
inspection and administration requirements that apply to for-profit methadone
detoxification and maintenance programs.
The 0.3 percent fee on gross revenues will generate an estimated $22,000
in fees will fund a .25 of one FTE staff person’s position. Vote
18-2.
Amendment (0900h)
Amend the title of the bill by replacing it with the following:
AN ACT relative to fees for methadone detoxification and maintenance programs.
Amend the bill by replacing all after the enacting clause with the following:
1 Controlled Drugs; Professional Use; State Methadone Authority; Fees for Providers. Amend RSA 318-B:10, VII(b) to read as follows:
(b) The
commissioner of the department of health and human services shall[, on or
before June 30, 2001,] adopt and have in effect rules, pursuant to RSA
541-A, relative to methadone detoxification and [methadone] maintenance
programs as follows:
(1)
Application procedure and standards for approval for certification and
re-certification of providers to operate methadone detoxification and [methadone]
maintenance programs, including certification period, for each type of
certification.
(2) Eligibility of individuals for admission to such programs.
(3) Qualifications of program personnel.
(4) Program content, including, but not limited to, services to be offered by the program.
(5) Mandatory records and reports to the department.
(6) Security measures to prevent diversion of methadone to illegal use.
(7) Confidentiality and disclosure of identifying information, records and reports.
(8) Financial responsibility.
(9) Fees
to be paid by providers for the licensing and administration of such programs
by the department. All moneys collected
by the department from fees authorized under this subparagraph shall be
deposited into a revolving account which shall not lapse and which shall be
used to offset administrative costs incurred by the department, and such fees
shall not exceed .3 percent of gross revenues of for-profit methadone
detoxification and maintenance programs.
These fees shall not apply to non-profit methadone detoxification and
maintenance programs.
(10) Any other provisions necessary to implement the purposes of this paragraph.
2 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill allows the department of health and human services to adopt and collect fees for for-profit providers of methadone detoxification and maintenance programs.
HB 543-FN-A, establishing an inheritance tax on property received by collateral heirs. INEXPEDIENT TO LEGISLATE.
Rep. Robert M. Walsh for Ways and Means: This bill restores the Legacy and Succession
Tax, which was repealed by the Legislature several years ago. The Committee felt that this bill poses
constitutional questions regarding “proportionality” in its application to our citizens. Vote
18-2.
HB 567-FN-A, redefining tobacco products, increasing the tax on tobacco products other than cigarettes, and dedicating the increase to a tobacco use prevention and cessation program fund. INEXPEDIENT TO LEGISLATE.
Rep. John D. Kelley for Ways and Means: A subcommittee examined two bills which
established taxes on tobacco products other than cigarettes. The subcommittee voted unanimously to
recommend this bill to the full committee as ITL. The second bill was to be used to make any
changes establishing taxes on other tobacco products. The sponsor of the bill agreed to the ITL. Vote
20-0.
HB 584-FN-A, establishing an income tax for the purpose of paying college tuition for emergency first responders, law enforcement officers, and dependents of emergency first responders and law enforcement officers. INEXPEDIENT TO LEGISLATE.
Rep. William A. Hatch for Ways and Means: This bill establishes a
0.7% income tax for the specific purpose of paying college tuitions for
specific persons. The department of
revenue stated that this tax would cost more to administer than it would bring
in.
Vote 19-0.
HB 628-FN-A, establishing tangible personal property inventory and use taxes. INEXPEDIENT TO LEGISLATE.
Rep. Russell T. Ober for Ways and Means: This would require everyone to inventory all
personal property and pay to the state 4% of all property valued at greater
than $9,999. Comments from several
testifiers said this would be very difficult to administer. It could be considered an invasion of privacy
by government. Comment from a former IRS
employee stated that this inventory leads to “cheating” by many citizens. “How much is that tuba worth?” Vote
19-1.
HB 672-FN-A, relative to the oil discharge and disposal cleanup fund. INEXPEDIENT TO LEGISLATE.
Rep. Ron J. Mack for Ways and Means: This legislation would have allowed transfer of funds from the oil clean up fund into the state highway fund. The committee (unanimously) felt that this was an inappropriate transfer of funds. If the transfer of funds is allowed, it would substantially reduce, and possibly eliminate, important and needed environmental cleanup funding that is passed through to eligible parties including state agencies, counties and municipalities. The Oil Discharge and Disposal Clean-up Fund (ODDCF) provides clean-up coverage and protection from lawsuits for hundreds of motor fuel retailers, businesses, counties, and municipalities and replaces a federal requirement for a $1 million dollar insurance policy that is rarely available. Vote 20-0.
REGULAR CALENDAR – Part I
HB 62, requiring young women under 15 years of age to provide proof of counseling prior to obtaining an abortion. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. Lucy M. Weber for the
Majority of Judiciary: Both the
bill as originally drafted and the amendment preferred by the sponsor would
have required a pregnant female under the age of 15 to provide written,
notarized proof of counseling prior to obtaining an abortion. In the original bill, counseling could have
been provided by a parent, adult sibling, aunt or uncle, grandparent or a
certified religious counselor including but not limited to a minister, priest
rabbi or mullah. In the amendment, the counseling
was limited to a parent, licensed mental health provider, pediatrician, a
certified counselor, or priest, minister, rabbi or mullah or leader of a
religious group provided that such religious leader is not self-certified. The counseling could not be provided by any
person associated with a licensed provider who provides abortions. The majority was persuaded by testimony that
abortions under the age of 15 are rare. The
patient is almost always accompanied by an adult family member except in even
rarer cases when that would not be safe.
Concerns were expressed about lack of confidentiality surrounding the
requirement that this most personal of decisions must be disclosed to a notary. Concerns were also expressed that many
persons who might qualify as counselors under this bill might have little or no
experience with this age group or this type of decision. The most experienced of counselors would be
excluded because of their association with providers. The amendment preferred by the sponsor would
exclude all family members other than a parent, while including any leader of a
religious group provided that such leader is not self-certified. There are no requirements of actual
certification or qualifications for religious leaders except that they not be
self-certified. There is no definition
of a certified counselor. Counseling is
currently being given to all persons seeking abortion. The current standard of care requires that
parental involvement be urged, that all options be presented, and that an
evaluation is made to ensure that the accompanying family members are not
coercing the patient towards any particular option. Vote 11-9.
Rep. Anthony R. DiFruscia for the Minority of Judiciary:
Young girls below 15 years old should be provided with proper counseling
in order to make an informed decision.
The question being
adoption of the majority committee report of Inexpedient to Legislate.
Rep. DiFruscia spoke
against.
Reps. Potter and Lucy
Weber spoke in favor.
Rep. William O’Brien
requested a roll call; sufficiently seconded.
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YEAS 222 NAYS 146 |
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YEAS 222 |
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BELKNAP |
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Arsenault, Beth |
Merry, Liz |
Miller, Kate |
Millham, Alida |
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Nedeau, Stephen |
Pilliod, James |
Reever, Judith |
Stuart, Richard |
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Veazey, John |
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CARROLL |
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Bridgham, Robert |
Buco, Thomas |
Butler, Edward |
Wiley, Susan |
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Allen, Peter |
Burridge, Delmar |
Butcher, Suzanne |
Butterworth, Timothy |
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Carlson, |
Carr, Daniel |
Eaton, Daniel |
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Lindsey, Steven |
Meader, David |
Parkhurst, Henry |
Richardson, Barbara |
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Robertson, Timothy |
Sad, |
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Weber, Lucy |
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Weed, Charles |
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