April 26, 2001

No. 20

SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting.

SB 30, establishing a committee to study the DNA database of sexual offenders.

SB 31, eliminating straight ticket voting.

SB 32, exempting dumbwaiters from the elevator law.

SB 52, relative to liquor liability insurance coverage.

SB 60, relative to the authority of the board of tax and land appeals to assess attorney's fees.

SB 90, relative to misdemeanor jury trials.

SB 95, relative to campaign contribution limits and independent expenditures.

SB 96-FN, repealing the requirements for resident and nonresident licenses to carry concealed weapons.

SB 97-FN, requiring the annual registration of manufactured housing parks.

SB 112, relative to voter registration forms.

SB 116-FN, relative to motor vehicle offenses which result in the death or serious bodily injury of another.

SB 122-FN, relative to the license to carry a weapon.

SB 126, relative to the use of certain credit data in underwriting certain insurance policies.

SB 180-FN-A, establishing the Hooksett district court as a full-time court and making an appropriation therefor.

SB 185, relative to push-polling.

HB 101, (New Title) requiring registered lobbyists to sign a statement concerning false statements or misrepresentation of material facts.

HB 126-FN, relative to the board of pharmacy and the regulation of pharmacists.

HB 211, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws.

Re-referred, Senator O'Hearn for the committee.

SB 140-FN-L, relative to the formula for free and reduced-price lunches. Vote 4-0

Re-referred, Senator Gordon for the committee.

SB 104, relative to regional approaches to instream flow preservation. Vote 5-0

Re-referred, Senator Johnson for the committee.

SB 105, relative to instream flow plan requirements. Vote 5-0

Re-referred, Senator Eaton for the committee.

HB 141-L, relative to regulation of junk yards. Vote 5-0

Ought to Pass, Senator Eaton for the committee.

HB 311-FN-A, increasing the fees under the laws relative to sewage disposal systems to support a position at the department of environmental services to advocate for and implement long-term septage disposal solutions in partnership with New Hampshire municipalities. Vote 5-0

Ought to Pass, Senator Below for the committee.

SB 22, requiring certified radiologic technologists for the operation of equipment licensed under the radiological health program. Vote 5-0

Ought to pass with amendment, Senator Larsen for the committee.

SB 162-FN, relative to privatization contracts for public service. Vote 5-0

Re-referred, Senator Francoeur for the committee.

HB 123-FN, relative to the retirement system classification for the director of the division of safety services, department of safety. Vote 5-0

Ought to pass with amendment, Senator D'Allesandro for the committee.

HB 181-FN, (New Title) relative to group II retirement system membership for police and corrections officers who become police trainers. Vote 5-0

Ought to Pass, Senator D'Allesandro for the committee.

SB 88-FN-A, establishing a travel and tourism development fund in the department of resources and economic development and making an appropriation therefor. Vote 6-0

Ought to Pass, Senator Larsen for the committee.

SB 101-FN, relative to mooring permits and fees. Vote 6-0

Ought to pass with amendment, Senator Below for the committee.

SB 131-FN-A, (New Title) establishing a study committee relative to charitable bingo operations. Vote 6-0

Ought to Pass, Senator Boyce for the committee.

SB 134-FN-A, (New Title) establishing a committee to study allowing the use of business logo signing on the mainline of limited access and divided highways. Vote 6-0

Ought to Pass, Senator Eaton for the committee.

SB 165-FN, relative to the sale, registration, and use of 3-wheeled all-terrain vehicles for off-highway recreational use. Vote 6-0

Ought to Pass, Senator Eaton for the committee.

SB 53, relative to attorneys' fees in certain circumstances under the workers' compensation law. Vote 5-0

Ought to pass with amendment, Senator Hollingworth for the committee.

SB 65, allowing licensed alcohol and drug counselors to obtain third party payment and establishing a committee to study levels of licensure of alcohol and drug counselors. Vote 5-0

Inexpedient to Legislate, Senator Wheeler for the committee.

SB 128, relative to stress injuries under the workers' compensation law. Vote 5-0

Ought to pass with amendment, Senator Francoeur for the committee.

HB 637-FN, (New Title) requiring annual training for members of the workers' compensation appeals board. Vote 5-0

Ought to Pass, Senator Wheeler for the committee.

CACR 16, relating to procedure for nomination and review of judges. Providing that judges shall be nominated and selected by an independent commission and reviewed every 8 years thereafter. Vote3-1

Ought to pass with amendment, Senator Fernald for the committee.

SB 24, establishing a judicial nominating commission. Vote4-0

Re-referred, Senator Gordon for the committee.

SB 67-FN, relative to costs of locating and apprehending persons improperly at large for driving-related offenses. Vote 5-0

Ought to pass with amendment, Senator Roberge for the committee.

SB 86-FN, establishing a process for reviewing judges. Vote 4-0

Re-referred, Senator Gordon for the committee.

SB 114, establishing a commission to study the nomination and appointment of judges. Vote 5-0

Ought to pass with amendment, Senator Gordon for the committee.

HB 377, permitting the state of New Hampshire to file petitions with the probate court seeking review of actions by a power of attorney. Vote 5-0

Ought to Pass, Senator Fernald for the committee.

HB 124, (New Title) establishing a committee to study on-line and electronic voting. Vote 4-0

Ought to Pass, Senator O'Neil for the committee.

HB 130, relative to the maintenance of boundaries and fences. Vote 4-0

Ought to Pass, Senator Disnard for the committee.

HB 397, establishing a committee to study the status of veterans in New Hampshire. Vote 4-0

Ought to Pass, Senator Barnes for the committee.

HB 479, relative to dead bodies. Vote 4-0

Inexpedient to Legislate, Senator Roberge for the committee.

SB 132, directing the department of health and human services to coordinate a comprehensive review of demographic trends in the New Hampshire population and the impact of such trends. Vote 4-0

Ought to pass with amendment, Senator McCarley for the committee.

SB 161-FN-A, relative to treatment for individuals with disabilities and making an appropriation therefor. Vote 3-1

Ought to pass with amendment, Senator Wheeler for the committee.

SB 166-FN, relative to processing applications for the children's health insurance program (CHIP). Vote 5-0

Inexpedient to Legislate, Senator Prescott for the committee.

SB 176-FN-A, establishing an equipment depository and disabled person's employment fund in the department of administrative services. Vote 4-0

Ought to pass with amendment, Senator McCarley for the committee.

SB 191-FN-L, extending the Eric L settlement agreement. Vote 4-0

Inexpedient to Legislate, Senator Wheeler for the committee.

HB 326-FN-A, relative to the continuation of the New Hampshire task force on deafness and hearing loss and making an appropriation therefor. Vote 5-0

Ought to Pass, Senator McCarley for the committee.

SB 149-FN, permitting limited access to motor vehicle records for certain research purposes. Vote 3-0

Ought to pass with amendment, Senator Gordon for the committee.

SB 163-FN, relative to salaries for New Hampshire state police. Vote 3-0

Ought to pass with amendment, Senator Eaton for the committee.

HB 116, establishing a policy for naming state highways, bridges, and buildings. Vote 3-0

Inexpedient to Legislate, Senator Eaton for the committee.

HB 369, relative to driving in highway construction and maintenance areas. Vote 3-0

Ought to pass with amendment, Senator O'Neil for the committee.

HB 459-FN, relative to inspection requirements for antique vehicles. Vote 3-0

Ought to pass with amendment, Senator Eaton for the committee.

HCR 11, to evaluate regional transportation infrastructure links. Vote 3-0

Ought to Pass, Senator Gordon for the committee.

HB 273, relative to the purpose of state jurisdiction of fish and game regulation. Vote 4-0

Ought to Pass, Senator Disnard for the committee.

HB 504, establishing a committee to study the feasibility of requesting the fish and game department to develop shooting ranges in each of the wildlife management units. Vote 3-1

Inexpedient to Legislate, Senator Disnard for the committee.

Senate Executive Departments and Administration

April 19, 2001

2001-0983s

10/01

Amend the title of the bill by replacing it with the following:

AN ACT requiring the use of certified radiologic technologists for hospitals operating equipment licensed under the radiological health program.

Amend the bill by replacing all after the enacting clause with the following:

1 New Paragraph; Powers and Duties of Department; Rulemaking Added. Amend RSA 125-F:5 by inserting after paragraph V the following new paragraph:

V-a. Adopt rules, pursuant to RSA 541-A concerning the reporting of certification of hospital personnel operating medical diagnostic imaging equipment as provided in RSA 125-F:7-a.

2 New Paragraph; Licensing and Registration of Sources of Radiation; Operator Certification. Amend RSA 125-F:7 by inserting after paragraph I the following new paragraph:

I-a. The department, through its program, shall require hospital personnel operating licensed medical diagnostic imaging equipment, to be persons certified as provided in RSA 125-F:7-a unless exempted under RSA 125-F:7-a, III.

3 New Section; Operators of Licensed Equipment. Amend RSA 125-F by inserting after section 7 the following new section:

125-F:7-a Hospitals Operating Licensed Equipment; Certification; Exemptions.

I. For purposes of this section, "hospital" means an institution licensed under RSA 151 which is engaged in providing to patients, under supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of such persons.

II. Radiation equipment licensed by the department under this chapter which is used as medical diagnostic imaging equipment by hospital personnel shall only be operated by persons certified by the American Registry of Radiologic Technologists (ARRT) or persons exempted under paragraph III.

III. The requirements for certification of operators under paragraph II shall not apply to persons who provide medical diagnostic imaging services using medical diagnostic imaging equipment which is not located in a hospital.

IV. Hospital personnel using medical diagnostic imaging equipment licensed by the department under this chapter shall be required to provide relevant records to the department pursuant to the provisions of RSA 125-F:13.

V. The commissioner shall adopt rules pursuant to RSA 125-F:5, V-a for the information and procedures required for licensees under the program to comply with this section. Such rules shall not require any additional fees for certified operators or licensees.

4 Application of Certification Requirement. Any hospital personnel employed to operate a source of radiation licensed by the radiological health program as of the effective date of this act shall not be required to comply with the certification required in RSA 125-F:7-a as inserted by section 3 of this act until 2 years from the effective date of this act. Any person first employed or newly employed for such purpose after the effective date of this act shall comply with the provisions of RSA 125-F:7-a.

5 Effective Date. This act shall take effect 60 days after its passage.

2001-0983s

AMENDED ANALYSIS

This bill requires the use of certified radiologic technologists in hospitals for the operation of medical diagnostic imaging equipment licensed by the department of health and human services under the radiological health program.

Senate Executive Departments and Administration

April 19, 2001

2001-0974s

10/01

Amend the title of the bill by replacing it with the following:

AN ACT relative to the retirement system classification for the director of the division of safety services, department of safety and relative to retirement allowances for certain state employees.

Amend the bill by replacing all after section 1 with the following:

2 New Subparagraph; Unclassified and Non-classified State Employees Restored to Service. Amend RSA 100-A:3, I by inserting after subparagraph (b) the following new subparagraph:

(c) Notwithstanding the provisions of RSA 100-A:7, any member who is an unclassified or non-classified state employee eligible for retirement, may elect to withdraw from membership and apply to receive an allowance under RSA 100-A:5. Upon such election, the member shall be deemed to have terminated employment and withdrawn from membership with a retirement allowance and shall not be subject to service provisions of RSA 100-A:7.

3 Effective Date. This act shall take effect 60 days after its passage.

2001-0974s

AMENDED ANALYSIS

This bill allows the director of safety services, if certified as a police officer, to maintain group II membership in the New Hampshire retirement system.

This bill allows an unclassified or non-classified employee, who retires and subsequently returns to service, to elect to receive a retirement allowance, rather than become a member of the retirement system.

Senate Finance

April 25, 2001

2001-1045s

08/09

Amend the bill by replacing section 2 with the following:

2 Mooring of Boats on Public Waters; Annual Mooring Fee. RSA 270:62, V is repealed and reenacted to read as follows:

V. An annual mooring fee of $50 shall be charged for each decal issued pursuant to this subdivision. Fees collected under this paragraph shall be deposited in the navigation safety fund established under RSA 270-E:6-a.

2001-1045s

AMENDED ANALYSIS

This bill allows groups of 25 or more residents or property owners of a town or towns in which a particular body of water is located to petition the commissioner of safety to require mooring permits on the body of water, after which the commissioner shall hold a public hearing on the petition. The bill also gives the commissioner of safety authority to adopt rules establishing procedures for the public hearing process and increases the annual mooring fee. Massabesic Lake is exempted from the provisions in this bill.

Insurance

April 17, 2001

2001-0935s

09/01

Amend the bill by replacing section 1 with the following:

1 Attorneys’ Fees Authorized. Amend RSA 281-A:44, II to read as follows:

II. No attorney representing a claimant shall contract for, charge for, or collect a fee for legal service rendered to the claimant at the department level unless the fee has been approved by the commissioner. In determining the amount of the allowable fee, the commissioner shall consider, among other things, the nature, length and complexity of the service performed, the usual and customary charge for work of the like kind and the benefit accruing to the claimant as a result of the legal service performed; provided, however, that when an insurance carrier, self insurer, or payor acting on behalf of such carrier or self insurer disputes the causal relationship of a medical bill to the claimant’s injury, or whether a medical bill was required by the nature of the injury, and denies payment of such bill, is after a hearing, ordered to pay or reimburse the bill by the commissioner, the employee shall be entitled to reimbursement of reasonable counsel fees and costs as approved by the commissioner.

Insurance

April 19, 2001

2001-0971s

01/09

Amend the bill by replacing all after section 1 with the following:

2 Disability Retirement Benefits; Group I. Amend RSA 100-A:6, I(c)(2)(C) to read as follows:

(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employee's insurance carrier, or the commissioner of labor pursuant to RSA 281-A:43, except that for any mental injury not found compensable because of the good faith exclusion in RSA 281-A:2, XI, the member shall have the opportunity to prove causation to the New Hampshire retirement system.

3 Disability Retirement Benefits; Group II. Amend RSA 100-A:6, II(c)(2)(C) to read as follows:

(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employee's insurance carrier, or the commissioner of labor pursuant to RSA 281-A:43, except that for any mental injury not found compensable because of the good faith exclusion in RSA 281-A:2, XI, the member shall have the opportunity to prove causation to the New Hampshire retirement system.

4 Effective Date. This act shall take effect 60 days after its passage.

2001-0971s

AMENDED ANALYSIS

This bill provides that a mental injury is not compensable under the workers’ compensation act if such mental injury is substantially caused by a lawful and nondiscriminatory disciplinary action, work evaluation, job transfer, layoff, demotion, termination or any similar action, taken in good faith by the employer. The bill also allows public employees the opportunity to prove causation to the New Hampshire retirement system relative to mental injuries.

Senate Judiciary

April 25, 2001

2001-1043s

04/10

Amend the title of the resolution by replacing it with the following:

RELATING TO: procedure for nomination and review of judges.

PROVIDING THAT: judges shall be nominated and selected by an independent commission and reviewed every 10 years thereafter.

Amend the resolution by replacing all after the enacting clause with the following:

I. That article 46 of the second part of the constitution be repealed and readopted to read as follows:

[Art.] 46. [Nomination and Appointment of Officers; Judicial Commission.] The attorney general and all general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. Beginning January 1, 2003, all judicial officers shall be nominated and appointed by the governor and council from individuals recommended to the governor by the judicial commission. The commission shall consist of the following: one member from each executive council district appointed by the governor, 2 of whom shall be attorneys licensed to practice law in the state of New Hampshire; 2 members appointed by the president of the senate, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; 2 members appointed by the speaker of the house, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; and 2 members to be appointed by the chief justice of the New Hampshire supreme court, one of whom shall be an active or retired judge of a state court. No member shall be an elected official or an active or retired judge of any state court other than the active or retired judge appointed by the chief justice of the supreme court. No more than 6 members of the judicial commission shall be members of any one political party. Members shall serve terms of 3 years and no member shall serve more than 2 full terms. No member shall be eligible for appointment to a state judicial office so long as he or she is a commission member and for one year thereafter. The governor shall select the chair of the commission who shall have the power, together with a majority of the commission members, to establish any rules and procedures to aid in the commission’s selection of the most qualified persons for recommendation to the governor for nomination to judicial office. In evaluating candidates for judicial office, the commission shall consider such factors as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, experience, diligence, administrative and communicative skills, and public service. Candidates for judicial office shall be considered without regard to race, religion, gender, national origin, sexual orientation, or political affiliation. When a vacancy occurs in a judicial office, the governor shall forthwith notify the chair of the commission of the vacancy. The commission shall proceed with diligence to recommend to the governor the names of the most qualified persons for each vacancy. The governor’s nomination of a person to fill a vacancy occurring in a judicial office shall be made from the list of names submitted by the commission. All records and deliberations with respect to persons under consideration as nominees or prospective nominees shall be held in strict confidence by the commission but shall be available to the governor. The names of persons considered by the commission shall remain confidential except to the extent necessary for the commission to carry out its responsibility to evaluate candidates. The commission shall, every 10 years, review those judicial officers appointed under this article. In reviewing judicial officers, the commission shall consider factors such as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, diligence, adherence to the code of judicial conduct, and administrative and communicative skills. Upon completion of review, the commission may remove a judge from office upon a majority vote of the commission. Any person holding a judicial appointment at the time this article is adopted shall not be subject to review.

II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2002.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2002 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2001 session of the general court shall be approved.

IV. That the wording of the question put to the qualified voters shall be:

"Are you in favor of repealing and readopting article 46 of the constitution to read as follows:

[Art.] 46. [Nomination and Appointment of Officers; Judicial Commission.] The attorney general and all general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. Beginning January 1, 2003, all judicial officers shall be nominated and appointed by the governor and council from individuals recommended to the governor by the judicial commission. The commission shall consist of the following: one member from each executive council district appointed by the governor, 2 of whom shall be attorneys licensed to practice law in the state of New Hampshire; 2 members appointed by the president of the senate, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; 2 members appointed by the speaker of the house, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; and 2 members to be appointed by the chief justice of the New Hampshire supreme court, one of whom shall be an active or retired judge of a state court. No member shall be an elected official or an active or retired judge of any state court other than the active or retired judge appointed by the chief justice of the supreme court. No more than 6 members of the judicial commission shall be members of any one political party. Members shall serve terms of 3 years and no member shall serve more than 2 full terms. No member shall be eligible for appointment to a state judicial office so long as he or she is a commission member and for one year thereafter. The governor shall select the chair of the commission who shall have the power, together with a majority of the commission members, to establish any rules and procedures to aid in the commission’s selection of the most qualified persons for recommendation to the governor for nomination to judicial office. In evaluating candidates for judicial office, the commission shall consider such factors as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, experience, diligence, administrative and communicative skills, and public service. Candidates for judicial office shall be considered without regard to race, religion, gender, national origin, sexual orientation, or political affiliation. When a vacancy occurs in a judicial office, the governor shall forthwith notify the chair of the commission of the vacancy. The commission shall proceed with diligence to recommend to the governor the names of the most qualified persons for each vacancy. The governor’s nomination of a person to fill a vacancy occurring in a judicial office shall be made from the list of names submitted by the commission. All records and deliberations with respect to persons under consideration as nominees or prospective nominees shall be held in strict confidence by the commission but shall be available to the governor. The names of persons considered by the commission shall remain confidential except to the extent necessary for the commission to carry out its responsibility to evaluate candidates. The commission shall, every 10 years, review those judicial officers appointed under this article. In reviewing judicial officers, the commission shall consider factors such as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, diligence, adherence to the code of judicial conduct, and administrative and communicative skills. Upon completion of review, the commission may remove a judge from office upon a majority vote of the commission. Any person holding a judicial appointment at the time this article is adopted shall not be subject to review."

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments proposed by the 2001 General Court" shall be printed in bold type at the top of the ballot.

VI. That any proposed amendment approved by 2/3 of those voting on the amendment, shall become effective when the governor proclaims its adoption.

2001-1043s

AMENDED ANALYSIS

This constitutional amendment-concurrent resolution provides that beginning January 1, 2003, the judicial selection process shall be conducted through a judicial commission which shall recommend to the governor and council qualified candidates for judicial office. The judicial commission shall, every 10 years, conduct a judicial review process and may reappoint or remove a judge by a majority vote.

Senate Judiciary

April 13, 2001

2001-0914s

03/01

Amend the bill by replacing sections 1-2 with the following:

1 Motor Vehicles; Drivers’ Licenses; License Suspension and Revocation; Suspension for Forfeitures of Recognizances; Funding for Location and Apprehension. Amend RSA 263:56-d to read as follows:

263:56-d Suspension for Forfeitures of Recognizances. Notwithstanding the provisions of RSA 263:56-a, the procedure for suspension of licenses and collection of payments for forfeited recognizances for driving offenses shall be in accordance with RSA 597:38-b. Payments collected by the court under RSA 597:38-b shall be deposited into a special fund, known as the default bench warrant fund. The commissioner may draw on such fund to pay the cost of state, county, and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses up to a maximum amount of $100 per bench warrant. The commissioner may also draw upon such fund to establish one full-time position, the duties of which shall be to locate and apprehend persons improperly at large for driving-related offenses. The person employed in such position shall be a peace officer, certified under RSA 188-F:26, and shall be a classified employee, classified at least at labor grade 17. On or before July 1 of each year, the commissioner shall submit a report to the joint legislative fiscal committee detailing the number of people apprehended pursuant to this section, any offenses charged, and the amount of money received as a result of the apprehensions. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the disbursement of moneys from the default bench warrant fund to pay the costs related to law enforcement officials and bench warrants. The commissioner may also draw upon such fund to pay the cost of breath analyzer machines, upon the recommendation of the advisory committee on breath analyzer machines pursuant to RSA 106-G:1.

2 Proceedings in Criminal Cases; Bail and Recognizances; Forfeitures of Recognizances and Actions Thereon; Collection of Forfeitures, Motor Vehicles; Costs of Motor Vehicle Inspectors. Amend RSA 597:38-b, II to read as follows:

II. Payments of the forfeited recognizance under paragraph I shall be sent to the department of safety and deposited into a special fund, known as the default bench warrant fund, established in RSA 263:56-d to pay the costs of state, county, and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses, to pay the costs of a person employed pursuant to RSA 263:56-d incurred in locating and apprehending persons improperly at large for driving-related offenses, and to pay the cost of breath analyzer machines.

2001-0914s

AMENDED ANALYSIS

This bill permits the commissioner of safety to draw on the default bench warrant fund to fund a position dedicated to locating and apprehending persons improperly at large for driving-related offenses.

Judiciary

April 17, 2001

2001-0930s

04/10

Amend the title of the bill by replacing it with the following:

AN ACT establishing a committee to study issues relating to judicial reform, and making an appropriation therefor.

Amend the bill by replacing all after the enacting clause with the following:

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives, appointed by the speaker of the house.

II. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall study:

I. The merits of an independent professional conduct committee.

II. The desirability of an integrated Bar association.

III. Whether all judges should be full-time.

IV. Whether the various courts can be administered by one authority.

V. The extent to which judges are participating in activities outside of their judicial responsibilities.

VI. Whether judges can be appointed to serve in more than one court.

VII. Whether the courts are using technology in the most effective manner possible.

VIII. Any other related issues deemed relevant to the committee’s purpose.

4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section.

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2001.

6 Appropriation. The sum of $50,000 for the fiscal year ending June 30, 2001 is hereby appropriated to the committee established by this act for the purpose of assuring that the committee’s staffing and research needs are satisfied, and to provide payment for expert testimony from individuals in other states as may be requested by the committee. The governor shall draw a warrant for said sum out of money in the treasury not otherwise appropriated.

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

2001-0930s

AMENDED ANALYSIS

This bill establishes a committee to study judicial reform issues and makes an appropriation of $50,000 for the fiscal year ending June 30, 2001 for staffing, research, and expert testimony as required by the committee.

Public Institutions, Health and Human Services

April 24, 2001

2001-1018s

01/09

Amend RSA 126-A:4, V(c) as inserted by section 2 of the bill by replacing it with the following:

(c) The department shall report on or before November 1, 2001 and thereafter on or before November 1 in odd-numbered years to the governor, the president of the senate, and the speaker of the house relative to the progress of its efforts under this paragraph and such report shall include recommendations for legislation. The final report shall be submitted on or before November 1, 2007.

Public Institutions, Health and Human Services

April 24, 2001

2001-1015s

01/09

Amend paragraph I of section 6 of the bill by replacing it with the following:

I. The commission shall receive recommendations from the department of health and human services of proposed program sites. The commission shall review the programs, services, and security provisions for each prospective program site, shall consult with representatives of the community in which a proposed program site is located, and shall give due consideration to local concerns. The commission shall conduct a public hearing in those communities where such a proposed site would be located. The department of health and human services shall make a presentation at each public hearing regarding the proposed program, including the number of individuals to be served and the staffing and security provisions incorporated into the proposed program.

Amend the bill by replacing all after section 8 with the following:

9 New Chapter; Specialized Treatment Program. Amend RSA by inserting after chapter 135-D the following new chapter:

CHAPTER 135-E

Specialized Treatment Program

135-E:1 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of health and human services.

II. "Department" means the department of health and human services.

135-E:2 Specialized Treatment Program.

I. The department shall establish, subject to available appropriations, a specialized therapeutic program including secure residential care and community-based after-care treatment which is designed to meet the needs of individuals with significant cognitive limitations as well as affective or thought disorders, severe emotional disturbances, and significant functional limitations who engage in behavior that potentially endangers their community. Such programs shall be utilized when less restrictive alternatives do not provide adequate safety and security to the community.

II. One component of the program shall be designed specifically to meet the needs of young adults with serious emotional disturbance or significant learning disabilities who have been in placement through the department under RSA 169-B or RSA 169-C and who continue to need intensive treatment in order to receive the support and supervision they require until they achieve the full benefit of the treatment that has been initiated during their minority. A young adult who meets admission criteria for the program shall be admitted on a voluntary basis, or by consent of his or her guardian.

III. The department may, if necessary, request the appointment of a guardian as provided in RSA 464-A for an individual who may be legally incapacitated and who is determined to need a specialized treatment program established pursuant to this chapter.

IV. Individuals receiving treatment from a specialized treatment program established pursuant to this chapter shall have all the rights guaranteed by RSA 171-A to persons with developmental disabilities, except to the extent necessary for safety or security.

V. A comprehensive clinical assessment shall occur prior to any admission, discharge, or transfer from the program.

135-E:3 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. Admission and discharge criteria for the program.

II. Program requirements.

III. The rights of individuals receiving treatment.

IV. Periodic review of each individual’s treatment to determine if the individual is served in the least restrictive setting consistent with the safety and security of the community.

V. Quality assurance processes and criteria for the program.

VI. Any other matter necessary to the administration of this chapter.

10 Rights Guaranteed. Amend RSA 171-A:29 to read as follows:

171-A:29 Rights Guaranteed. All rights guaranteed by RSA 171-A to persons with developmental disabilities shall be retained by persons involuntarily admitted under RSA 171-B except [where safety or security mandates restriction of such rights] to the extent necessary for safety or security. Any restriction of rights under this section may be appealed to the commissioner pursuant to rules adopted by the commissioner under RSA 171-A:3.

11 Order of the Court. Amend RSA 171-B:12 to read as follows:

171-B:12 Order of Court. If, after the hearing, the court finds by clear and convincing evidence that the person meets the standard set forth in RSA 171-B:2, the court shall order the person to submit to the least restrictive alternative of the following alternative consistent with the security and protection to the public:

I. Treatment and services in a receiving facility within the state developmental services delivery system or the residential settings specified in RSA 135-E:2;

II. Treatment and services within the state developmental services delivery system pursuant to RSA 171-A:4 other than in-patient treatment; or

III. Treatment and services in the secure psychiatric unit if the court determines that the programs and placements enumerated in paragraph I or II do not provide sufficient security and protection to the public.

12 Appropriation. The sum of $228,042 for operations and administration and the sum of $300,000 for capital expenditures for the fiscal year ending June 30, 2002 and the sum of $1,248,059 for operations and administration and the sum of $300,000 for capital expenditures for the fiscal year ending June 30, 2003 are hereby appropriated to the department of health and human services for the purposes of this act. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

13 Effective Date.

I. Section 8 of this act shall take effect July 1, 2004.

II. The remainder of this act shall take effect July 1, 2001.

Public Institutions, Health and Human Services

April 25, 2001

2001-1028s

05/03

Amend the bill by replacing all after section 1 with the following:

2 Disabled Persons’ Employment Fund; Lapse to General Fund. Upon the effective date of section 3 of this act, any moneys remaining in the disabled persons’ employment fund shall lapse to the general fund.

3 Repeal. The following are repealed:

I. RSA 21-I:44-e, relative to the equipment depository.

II. RSA 21-I:44-f, relative to the disabled persons’ employment fund.

4 Effective Date.

I. Section 3 of this act shall take effect June 30, 2006.

II. The remainder of this act shall take effect July 1, 2001.

2001-1028s

AMENDED ANALYSIS

This bill establishes an equipment depository and disabled person’s employment fund in the department of administrative services, for purposes of purchasing adaptive equipment for disabled persons. Both the equipment depository and the fund shall be repealed on June 30, 2006.

The bill is a request of the developmental disabilities council, health and human services.

Senate Transportation

April 24, 2001

2001-1010s

05/03

Amend the title of the bill by replacing it with the following:

AN ACT permitting persons involved in motor vehicle accidents and certain medical researchers access to motor vehicle records.

Amend the bill by replacing all after the enacting clause with the following:

1 New Subparagraphs; Administration of Motor Vehicle Laws; Access to Motor Vehicle Records by Certain Medical Researchers and by Persons Involved in Motor Vehicle Accidents. Amend RSA 260:14, IV(a) by inserting after subparagraph (2) the following new subparagraphs:

(3) Any person injured or involved in a motor vehicle accident or the owner of a motor vehicle or other property damaged in a motor vehicle accident. For purposes of this subparagraph, "person" shall include the personal representative of any person injured or killed in the motor vehicle accident, including the person's guardian, conservator, executor, administrator, or next of kin as defined in RSA 259:66-a.

(4) Medical researchers who initiated a specific medical research project prior to August 20, 2000 and who require access to motor vehicle records in order to complete the project. The researchers shall be entitled to the records for the life of the project, under the same terms and conditions that the department provided motor vehicle records to medical researchers prior to August 20, 2000.

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

2001-1010s

AMENDED ANALYSIS

This bill permits persons involved in motor vehicle accidents access to motor vehicle records.

The bill also permits access to motor vehicle records for medical research projects initiated prior to August 20, 2000.

Senate Transportation

April 25, 2001

2001-1039s

09/01

Amend RSA 99:14-a as inserted by section 1 of the bill by replacing it with the following:

99:14-a Pay Parity for State Police. Prior to July 1 of each biennium, the base salary scale for New Hampshire state police shall be reviewed. The base salary scales of the municipal police departments of the 10 most populated municipalities in New Hampshire shall be averaged. If the state base salary scale of the New Hampshire state police is less than the municipal average, then the base salary scale for the New Hampshire state police shall be adjusted to the average.

2001-1039s

AMENDED ANALYSIS

This bill requires the biennial adjustment of the base salary scale for New Hampshire state police to establish parity between such base salary scale and the average of the base salary scales of the municipal police departments of the 10 most populated municipalities in New Hampshire.

Senate Transportation

April 24, 2001

2001-1020s

03/01

Amend the title of the bill by replacing it with the following:

AN ACT relative to driving in highway construction and maintenance areas and utility work areas.

Amend the bill by replacing all after the enacting clause with the following:

1 New Section; Obedience to and Effect of Traffic Laws; Obedience to Flagpersons. Amend RSA 265 by inserting after section 3-a the following new section:

265:3-b Obedience to Flagpersons.

I. The driver of any vehicle shall obey the instructions of any flagperson in the act of directing, controlling, or regulating traffic within any construction, maintenance, or utility work area indicated by official traffic control devices. If the flagperson is displaying a signal to stop, the driver of a vehicle upon a way shall stop the vehicle at least 25 feet before reaching such flagperson. The driver shall not proceed until the flagperson indicates that traffic may proceed and until the driver may do so safely.

II. Any person who violates the provisions of this section shall be guilty of a violation and shall be fined not more than $100 for the first offense and not more than $250 for any subsequent offense committed during any calendar year.

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

2001-1020s

AMENDED ANALYSIS

This bill requires drivers to obey flagpersons in highway construction or maintenance areas and utility work areas.

Senate Transportation

April 24, 2001

2001-1019s

03/01

Amend RSA 266:1, III as inserted by section 1 of the bill by replacing it with the following:

III. If the owner of the vehicle is a company or corporation or other than a natural person, the annual inspection shall be made during the month designated by the director as the registration month for such legal entity, and motorcycles [and antique cars] shall be inspected once a year. Vehicles registered as antique motor vehicles and antique motorcycles and which are 40 years old and over shall be inspected biennially. Antique motor vehicles shall be inspected [annually] in the month of April. Motorcycles shall be inspected [annually] by July 1.

PUBLIC INSTITUTIONS, HEALTH & HUMAN SERVICES, Room 101, LOB

ENVIRONMENT, Room 104, LOB

EXECUTIVE DEPARTMENTS & ADMINISTRATION, Room 104, LOB

FINANCE, Representatives Hall, SH

INSURANCE, Room 101, LOB

JUDICIARY, Room 103, LOB

WAYS & MEANS, Room 103, SH

BANKS, Room 103, LOB

PUBLIC AFFAIRS, Room 105-A, SH

PUBLIC INSTITUTIONS, HEALTH & HUMAN SERVICES, Room 101, LOB

WILDLIFE & RECREATION, Room 101, LOB

JUDICIARY, Room 103, LOB

PUBLIC AFFAIRS, Room 105-A, SH

PET OVERPOPULATION COMMITTEE (RSA 437-A:7) Room 102, LOB

NH COUNCIL ON APPLIED TECHNOLOGY & INNOVATION (RSA 12-H:1,I) Room 207, LOB

PUBLIC HEALTH & ENVIRONMENT RELATIONSHIP COMMISSION (HB 1390, Chapter 114:2, Laws of 2000) Room 205, LOB

WAYS & MEANS Room 103, SH

NH DEPARTMENT OF TRANSPORTATION (Warren-Wentworth 11847 NH Route 25 Bridge Replacement over Baker River) Wentworth Elementary School Gymnasium NH Route 25, Wentworth, NH

NH DEPARTMENT OF TRANSPORTATION (Newfields 12466 NH Route 85 over B&M Railroad) Newfields Town Hall, NH Route 85, Newfields, NH

LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE Room 201, LOB

NH CANADIAN TRADE COUNCIL (RSA 12-A:2-g) Room 204, SH (Secretary of State's Office)

IMPACT OF WATER WITHDRAWALS ON INSTREAM FLOWS (SB 330, Chapter 242, Laws of 2000) Room 305, LOB

LEGISLATIVE PERFORMANCE AUDIT AND OVERSIGHT COMMITTEE Room 103, SH

ADMINISTRATIVE RULES (RSA 541-A:2) Rooms 306-308, LOB

NH BRAIN & SPINAL CORD INJURY ADVISORY COUNCIL (RSA 137-K:2) Room 205, LOB

CERTIFICATE OF NEED TASK FORCE (RSA 151-C:16) Rooms 306-308, LOB

NH DEPARTMENT OF TRANSPORTATION (Benton 13035 NH Route 116 over Whitcher Brook) Benton Town Hall, 221 Coventry Road, Benton, NH

JOINT LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I:1) Room 105-A, SH

GUARDIANS AD LITEM BOARD (SB 448, Chapter 321, Laws of 2000) Room 102, LOB

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

TOBACCO USE ADVISORY COMMITTEE (RSA 126-K:19) Department of Health and Human Services, 105 Pleasant Street, Concord, NH

PRIMARY PREVENTION & WELLNESS (RSA 126-M:3) Room 207, LOB

PERINATAL ALCOHOL, TOBACCO & OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101,LOB

BOARD OF MANUFACTURED HOUSING (RSA 205-A:25) Room 201, LOB

NH DEPARTMENT OF TRANSPORTATION (Acworth 13036, NH Route 123A/Cold River) Acworth Town Hall, Town Hall Road

NH CIVIL WAR MEMORIALS COMMISSION (RSA 21-K:18) Room 203, LOB

NH DEPARTMENT OF TRANSPORTATION (Keene-Swanzey 10309, NH Route 9,19,12 & 101 Upgrade) Keene Public Library, 60 Winter Street, Keene, NH

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C I-93 widening) West Running Brook School, 1 West Running Brook Lane, Derry, NH

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

WORKERS COMPENSATION ADVISORY COUNCIL (RSA 281-A:62) Room 307, LOB

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING (HB 1283, Chapter 43, Laws of 2000) Room 205, LOB

POSTSECONDARY EDUCATION AND TEMPORARY ASSISTANCE RECIPIENTS RELATIONSHIP COMMISSION (SB 313, Chapter 122, Laws of 2000) Room 205, LOB

KIDS CABINET MEETING Governor and Council Chambers

OIL FUND DISBURSEMENT BOARD (RSA 146-D:4) Room 305, LOB

NH DEPARTMENT OF TRANSPORTATION (Bike/Ped Conference) Wayfarer Inn, Bedford, NH

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C I-93 widening) Londonderry High School Cafeteria, 295 Mammoth Road, Londonderry, NH

JOINT HEALTH COUNCIL (RSA 326-B:10-b) NH Board of Nursing Room 17, 78 Regional Drive, Building 2, Concord, NH

BOARD OF CLAIMS (RSA 541-B:3) Room 202, LOB

PERINATAL ALCOHOL, TOBACCO & OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101,LOB

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

KIDS CABINET MEETING Governor and Council Chambers

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C, I-93 widening) West Running Brook School, 1 West Running Brook Lane, Derry, NH

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C, I-93-widening) Londonderry High School Cafeteria, 295 Mammoth Road, Londonderry, NH

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Senator Katherine Wells Wheeler

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Senator Caroline McCarley

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Senator Arthur P. Klemm, Jr.

Senator John S. Barnes, Jr.

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For your convenience, arrangements have been made with the Town & Country Motor Inn (located directly across the street from the golf course) for special lodging rates of $44.00 plus tax per person, per night for those of you who my choose to come up early or stay late. If you choose to stay over you must book your room in advance by calling the Inn at 1-800-325-4386. Currently, we are planning other events for Sunday and Monday, details to follow.

Senator Arthur P. Klemm Jr.

Senator Robert K. Boyce

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As a convenience to the members of the NH General Court, the Visitors’ Center offers the following schedule of schools and other groups visiting the State House in April 2001. These listings will replace individual notifications in an effort to reduce paper usage and to ensure all members will be notified in a timely manner. Our schedule is tightly booked for the remainder of the school year. Please contact the Visitors’ Center concerning school tour booking information. Thank you for your continued participation with your School Visitation Program.

Kenneth Leidner, Director