June 8, 2001

No. 31

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

SB 32, exempting dumbwaiters from the elevator law.

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

SB 69, relative to a New Hampshire legal assistance office in Nashua and making an appropriation therefor.

SB 90, relative to misdemeanor jury trials.

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

SB 171-FN, relative to the negotiation of cost items within the public employee collective bargaining process and relative to computation of leave for state police employees injured in the line of duty.

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 130, relative to the maintenance of boundaries and fences.

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

HB 153, lowering the minimum medical cost coverage for motor vehicle liability policies.

HB 196-L, (New Title) relative to the penalty for failure to license a dog or renew a dog license.

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

HB 258, establishing a task force to conduct an ongoing study of the feasibility of re-establishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon northern passenger rail service line.

HB 304-FN, relative to insurance coverage for prostate cancer testing.

HB 385, changing the name, membership and duties of the office of volunteerism.

HB 543-FN, establishing the division of ports and harbors within the Pease development authority and transferring all functions, powers, and duties of the New Hampshire state port authority.

HB 614, relative to certain duties, responsibilities, and authority of the fiscal committee.

HB 697, extending the reporting date for the healthy kids subcommittee and clarifying the mission statement of the healthy kids corporation.

HB 748-FN-A-L, (2nd New Title) revising the definition of an adequate education and revising the weighted pupil formula used to calculate the cost of an adequate education.

HB 758, relative to the sale of gasoline containing ethers.

MINORITY REPORT: Ought to Pass, Senator McCarley for the minority. Vote 1-3

MAJORITY REPORT: Inexpedient to Legislate, Senator O'Hearn for the majority. Vote 3-1

HB 206-FN-A, establishing an equipment depository and disabled person's employment fund in the department of administrative services. Vote 4-0

Re-referred, Senator D'Allesandro for the committee.

HB 288-FN, relative to the licensure of interpreters for the deaf and hard of hearing. Vote 4-0

Ought to Pass, Senator Prescott for the committee.

HB 387, relative to the regulation of dentistry by the board of dental examiners. Vote 4-0

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

HB 402, relative to the establishment of a state universal service fund. Vote 4-0

Ought to Pass, Senator Larsen for the committee.

HB 450, (New Title) relative to certain work product under the right-to-know law. Vote 4-0

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

HB 453, establishing a 4-year term for the commissioner of the department of corrections. Vote 3-1

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

HB 469-FN-L, relative to the applicable minimum wage for hourly employees.

MINORITY REPORT: Ought to Pass, Senator D'Allesandro for the minority. Vote 2-3

MAJORITY REPORT: Inexpedient to Legislate, Senator Prescott for the majority. Vote 3-2

HB 511, relative to continuing medical education requirements for physicians. Vote 4-0

Ought to Pass, Senator Prescott for the committee.

HB 684, relative to the occupational therapy practice act. Vote 4-0

Ought to Pass, Senator Larsen for the committee.

HB 152-FN, (New Title) relative to expanding the legal methods of taking deer. Vote 7-0

Ought to Pass, Senator Eaton for the committee.

HB 554-FN, establishing a division of information technology within the department of safety. Vote 7-0

Ought to Pass, Senator Eaton for the committee.

HB 584-FN-A, relative to the registration and licensure of OHRV dealers and rental agents. Vote 7-0

Ought to Pass, Senator Boyce for the committee.

HB 603-FN-A, providing the commissioner of administrative services an option to self-fund the state employee health plan and requiring a reserve fund therefor. Vote 7-0

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

HB 604-FN, relative to increasing certain fees and making other changes to fish and game licenses. Vote 7-0

Ought to Pass, Senator Eaton for the committee.

HB 643-FN, (New Title) extending the moratorium on new nusing home beds. Vote 7-0

Ought to Pass, Senator Hollingworth for the committee.

HB 648-FN, (New Title) authorizing licensing of homeless youth programs. Vote 7-0

Ought to Pass, Senator Larsen for the committee.

HB 760-FN, (New Title) relative to the use of silencing devices for taking game. Vote 7-0

Ought to Pass, Senator Boyce for the committee.

HB 103, (New Title) relative to the possession of deadly weapons by convicted felons or during the commission or attempted commission of a violent crime. Vote 5-0

Ought to Pass, Senator Gordon for the committee.

HB 132-FN, relative to the damage or destruction of an emergency vehicle or emergency services equipment. Vote 4-0

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

HB 134, permitting challenges to judges. Vote 4-0

Re-referred, Senator Roberge for the committee.

HB 135, creating a commission to study the state's increasing appellate caseload and solutions to the increasing appellate caseload. Vote 4-0

Ought to Pass, Senator Gordon for the committee.

HB 140, relative to interest on judgments. Vote 4-0

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

HB 156, relative to the detention of juveniles in delinquency proceedings. Vote 4-0

Ought to Pass, Senator Gordon for the committee.

HB 157, (New Title) clarifying the immunity from liability of persons providing emergency care. Vote 4-0

Re-referred, Senator Gordon for the committee.

HB 160, establishing a committee to study the issue of one-day/one-trial jurors. Vote 5-0

Ought to Pass, Senator Roberge for the committee.

HB 180-FN, relative to criminal neglect of elderly, disabled, or impaired adults. Vote 5-0

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

HB 197, extending the reporting date of the commission to study methods for reducing violent incidents involving children and guns. Vote 5-0

Ought to Pass, Senator Gordon for the committee.

HB 210-FN, relative to the penalties for persons convicted of subsequent DWI offenses. Vote 5-0

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

HB 265, prohibiting the sale of rolling papers to minors. Vote 5-0

Ought to Pass, Senator Gordon for the committee.

HB 296-FN, relative to receiving stolen property. Vote 5-0

Ought to Pass, Senator Pignatelli for the committee.

HB 325-FN, relative to certain acts of sexual assault. Vote 5-0

Re-referred, Senator Prescott for the committee.

HB 328-FN-L, relative to fees of sheriffs and deputy sheriffs. Vote 5-0

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

HB 361, establishing a committee to study certain policies and procedures in the department of corrections. Vote 4-0

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

HB 442, establishing a study committee to examine the effects of protective custody on county correctional facilities. Vote 4-0

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

HB 463-FN, relative to protective services to adults. Vote 5-0

Re-referred, Senator Gordon for the committee.

HB 659-FN, relative to penalties for attempting to purchase firearms illegally. Vote 5-0

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

HB 764-FN, relative to interference with custody. Vote 5-0

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

HB 131, relative to the retention and disposal of certain financial disclosure forms. Vote 3-0

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

HB 154, (New Title) relative to candidates of parties nominated by nomination papers and relative to vacancies for office on a party ticket. Vote 3-0

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

HB 201, (New Title) relative to voters presenting identification to obtain a ballot. Vote 3-0

Ought to Pass, Senator Roberge for the committee.

HB 226, relative to instructions to voters for straight-ticket voting. Vote 3-0

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

HB 259, relative to holding sessions for correction of checklists. Vote 3-0

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

HB 399, relative to proof of qualifications for voter registration. Vote 3-0

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

HB 503, relative to incompatible offices. Vote 3-0

Ought to Pass, Senator Roberge for the committee.

HB 512, relative to off-site improvements imposed on applicants to a planning board. Vote 2-1

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

HB 596, relative to the acquisition of land by a town. Vote 2-0

Ought to Pass, Senator Roberge for the committee.

HB 698, relative to verification of checklists. Vote 3-0

Ought to Pass, Senator Roberge for the committee.

HB 389, establishing a committee to study the nursing home industry in New Hampshire. Vote 5-0

Inexpedient to Legislate, Senator Prescott for the committee.

HB 451, (New Title) establishing a commission to study the impact of pay and health care benefits for child care workers on the quality of care and education for children by considering and exploring funding methods for accomplishing any recommendations. Vote 5-0

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

HB 208-FN, changing the license requirement for operators collecting the meals and rooms tax. Vote 3-0

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

HB 339, prohibiting the taking of deer by baiting. Vote 3-2

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

HB 426, relative to the voluntary scrapie flock certification program. Vote 5-0

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

Senate Executive Departments and Administration

June 5, 2001

2001-1458s

01/09

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

AN ACT relative to certain work product and relative to attorneys’ fees under the right-to-know law.

Amend the bill by replacing all after section 2 with the following:

3 New Paragraph; Attorneys’ Fees. Amend RSA 91-A:8 by inserting after paragraph I the following new paragraph:

I-a. The court may award attorneys’ fees to a board, agency or employee or member thereof, for having to defend against a person’s request under the provisions of this chapter, when that person’s request for access to public proceedings or records is in bad faith, obstinate, unjust, vexatious, wanton, or oppressive.

4 Effective Date. This act shall take effect January 1, 2002.

2001-1458s

AMENDED ANALYSIS

This bill clarifies that certain work papers are not subject to the right-to-know law.

This bill also allows the court to award attorneys’ fees under RSA 91-A in certain circumstances.

Senate Finance

June 6, 2001

2001-1481s

10/03

Amend RSA 21-I:28 as inserted by section 1 of the bill by replacing it with the following:

21-I:28 Contract. The commissioner of administrative services shall be authorized to enter into permanent group life insurance [and group hospitalization, hospital medical care, surgical care and other medical and surgical benefits] contracts with an insurance company or companies, or other group licensed to do business in the state of New Hampshire. The commissioner of administrative services shall be authorized to enter into group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits contracts with an insurance company or companies, third party administrators, or any organization necessary to administer and provide a health plan under the provisions of this subdivision. The commissioner of administrative services, in consultation with the fiscal committee of the general court, shall from time to time assess the medical insurance coverage given by its present insurer and by others in order to determine which of various contracts would best serve the interests of the state employees.

Senate Judiciary

June 6, 2001

2001-1495s

04/01

Amend RSA 634:2, II as inserted by section 1 of the bill by replacing it with the following:

II Criminal mischief is a class B felony if the actor purposely causes or attempts to cause:

(a) Pecuniary loss in excess of $1,000; or

(b) A substantial interruption or impairment of public communication, transportation, supply of water, gas or power or other public service; or

(c) Discharge of a firearm at an occupied structure, as defined in RSA 635:1, III; or

(d) Damage to private or public property, real or personal, when the actor knows that the property has historical, cultural, or sentimental value that cannot be restored by repair or replacement.

(e) Criminal mischief is a class B felony if the actor recklessly causes or attempts to cause damage to any emergency vehicle, emergency, apparatus, or private vehicle containing emergency equipment which causes the vehicle, equipment, or apparatus to be taken out of service.

Senate Judiciary

June 6, 2001

2001-1498s

06/04

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

2 Index for Interest Rate on Judgments. Amend RSA 336:1, II to read as follows:

II. The annual simple rate of interest on judgments, including prejudgment interest, shall be a rate determined by the state treasurer as the prevailing discount rate of interest on [52] 26-week United States Treasury bills at the last auction thereof preceding the last day of September in each year, plus 2 percentage points, rounded to the nearest tenth of a percentage point. On or before the first day of December in each year, the state treasurer shall determine the rate and transmit it to the director of the administrative office of the courts. As established, the rate shall be in effect beginning the first day of the following January through the last day of December in each year.

3 Effective Date.

I. Section 2 of this act shall take effect September 1, 2001.

II. The remainder of this act shall take effect upon its passage.

2001-1498s

AMENDED ANALYSIS

This bill establishes that simple interest on judgments shall be imposed from the date of the writ or the filing of the petition to the date of judgment and provides that the interest rate shall be determined by the state treasurer using 26-week United States Treasury bills.

Senate Judiciary

June 6, 2001

2001-1504s

04/09

Amend RSA 631:8, I and II as inserted by section 1 of the bill by replacing it with the following:

I. In this section:

(a) "Adult" means any person who is 18 years of age or older.

(b) "Caregiver" means any person who has been entrusted with, or has assumed the responsibility voluntarily, by contract, or by order of the court, for frequent and regular care of or services to an elderly, disabled, or impaired adult, including subsistence, medical, custodial, personal or other care, on a temporary or permanent basis.

(c) "Disabled adult" means an adult who has a diagnosed physical or mental impairment.

(d) "Elderly adult" means an individual who is 60 years of age or older.

(e) "Impaired adult" means any adult who suffers from an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, memory loss, or other cause, that causes an adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the adult’s person or property or to be substantially impaired in the adult’s ability to provide adequately for his or her own care and custody.

(f) "Neglect" means the failure or omission on the part of the caregiver to provide the care, supervision, and services which he or she has voluntarily, by contract, or by order of the court agreed to provide and which are necessary to maintain the health of an elderly, disabled, or impaired adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider necessary for the well-being of an elderly, disabled, or impaired adult. The term "neglect" also means the failure of a caregiver to make a reasonable effort to protect a disabled adult or an elderly person from abuse, neglect, or exploitation by others. "Neglect" is repeated conduct or a single incident which produces or could reasonably be expected to result in serious bodily injury.

(g) "Person" means any natural person, corporation, trust, partnership, unincorporated association, or any other legal entity.

(h) "Serious bodily injury" means serious bodily injury as defined in RSA 625:11, VI.

II. Any caregiver who purposely causes serious bodily injury to an elderly, disabled, or impaired adult shall be guilty of a class A felony.

Senate Judiciary

June 6, 2001

2001-1500s

03/10

Amend the bill by replacing section 4 with the following:

4 Motor Vehicles; Habitual Offenders; Penalty. Amend RSA 262:23, III to read as follows:

III. Notwithstanding paragraph I, any person who qualifies under RSA 259:39[, who does not have a conviction under RSA 265:82 or any misdemeanor or felony motor vehicle convictions pursuant to RSA title XXI,] shall not be subject to the minimum mandatory provisions of paragraph I if, and only if, that person’s certification was not based on any conviction under RSA 265:82 or any misdemeanor or felony motor vehicle conviction pursuant to RSA title XXI, and that person has not been convicted of any such offense, or any reasonably similar offense in any jurisdiction within the United States and Canada, since the date of the certification; provided, however, that any such person shall be guilty of a class A misdemeanor and may be sentenced to one year or less. Any person incarcerated upon the effective date of this paragraph, pursuant to certification as an habitual offender under RSA 259:39, who does not have a conviction under RSA 265:82 or any misdemeanor or felony motor vehicle convictions pursuant to RSA title XXI, may apply immediately to the superior court for sentence review and reduction.

Senate Judiciary

June 6, 2001

2001-1501s

04/10

Amend the introductory paragraph of RSA 104:31 as inserted by section 1 of the bill by replacing it with the following:

104:31 Fees of Sheriffs and Deputy Sheriffs. At the time of the initial request for any of the following services, the required fees and mileage may be paid. The fees of sheriffs and deputy sheriffs shall be as follows:

2001-1501s

AMENDED ANALYSIS

This bill increases certain fees charged by sheriffs and deputy sheriffs.

Senate Judiciary

June 6, 2001

2001-1496s

04/03

Amend the bill by replacing paragraph I of section 2 with the following:

I. The committee shall consist of 7 members of the house of representatives, appointed by the speaker of the house.

Amend the bill by replacing section 4 with the following:

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 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.

Senate Judiciary

June 6, 2001

2001-1497s

04/01

Amend the bill by replacing paragraph I of section 2 with the following:

I. The committee shall consist of 7 members of the house of representatives, appointed by the speaker of the house.

Senate Judiciary

June 6, 2001

2001-1503s

04/10

Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 4:

3 Protection of Persons From Domestic Violence; Orders Enforceable. Amend RSA 173-B:13, IV to read as follows:

IV. A person entitled to protection under a foreign protective order, as defined in paragraph II, may file such order in any district or superior court by filing with the court a certified copy of the order. Such person shall swear under oath in an affidavit to the best of such person's knowledge that the order is presently in effect as written. Such filing shall be without fee or cost. The clerk of the district or superior court shall forward such order to the [state police who] administrative office of the courts which shall enter such order in the state database. Such filing shall not be a precondition to arrest or enforcement of a foreign order.

Senate Judiciary

June 6, 2001

2001-1499s

04/03

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

AN ACT relative to the criminal offense of kidnapping.

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

1 New Paragraph; Interference With Freedom; Kidnapping Amended. Amend RSA 633:1 by inserting after paragraph i the following new paragraph:

I-a. A person is guilty of kidnapping if the person knowingly takes, entices away, detains, or conceals any child under the age of 18 and unrelated to the person by consanguinity, or causes such child to be taken, enticed away, detained, or concealed, with the intent to detain or conceal such child from a parent, guardian, or other person having lawful physical custody of such child. This subparagraph shall not apply to law enforcement personnel or department of health and human services personnel engaged in the conduct of their lawful duties.

2 Effective Date. This act shall take effect January 1, 2002.

2001-1499s

AMENDED ANALYSIS

This bill provides that a person is guilty of kidnapping if the person knowingly takes, entices away, detains, or conceals any child under the age of 18 and unrelated to the person by consanguinity, or causes such child to be taken, enticed away, detained, or concealed, with the intent to detain or conceal such child from a parent, guardian, or other person having lawful physical custody of such child. The bill also provides an exception for law enforcement personnel or department of health and human services personnel engaged in the conduct of their lawful duties.

Public Affairs

June 6, 2001

2001-1474s

04/09

Amend the bill by inserting after section 4 the following and renumbering the original section 5 to read as section 8:

5 New Section; Legislative Ethics Committee; Retention of Financial Forms. Amend RSA 14-B by inserting after section 5 the following new section:

14-B:6 Retention of Financial Disclosure Forms. The legislator’s financial disclosure form and the report of expense reimbursement form shall be placed on file in the secretary of state’s office, pursuant to ethics guidelines adopted by the legislative ethics committee, and shall be held in original form for 6 years from the date of filing, after which time they may be destroyed.

6 New Section; Political Expenditures and Contributions; Reports. Amend RSA 664 by inserting after section 7 the following new section:

664:7-a Statement Retention. Statements or reports required to be filed under RSA 664:6 and 664:7 shall be held in original form for 6 years from the election for which they are filed, after which time they may be destroyed.

7 Nominations by Primary; Declarations of Candidacy Amended. Amend RSA 655:18 to read as follows:

655:18 Forwarding Declarations of Candidacy. Each city or town clerk shall forward each declaration of candidacy filed with him to the secretary of state on the day of filing of the same, provided the requisite fee shall have been deposited, or the requisite number of primary petitions shall have been filed therewith. [The secretary of state shall retain them together with all declarations of candidacy filed with him until January 1 following the holding of the primary at which time they may be destroyed.]

Public Affairs

June 6, 2001

2001-1479s

03/09

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

AN ACT relative to nomination of candidates, vacancies for office on a party ticket, and special elections in cities.

Amend the bill by inserting after section 6 the following and renumbering the original section 7 to read as 10:

7 Preparation of Voting Materials; Listing Candidates on Ballot. RSA 656:5 is repealed and reenacted to read as follows:

656:5 Listing Candidates on Ballot. The names of all candidates nominated in accordance with the election laws shall be arranged by office in accordance with the provisions of RSA 656:7. The names of candidates for any one office shall not be split into more than one column. All candidates for the same office shall be placed on separate lines within a separate box. The name of each candidate shall be grouped according to the party which nominates the candidate, and the names of the candidates of the party which received the largest number of votes at the last preceding state general election shall be listed first. The names of the candidates shall be printed with the given name first, and the candidates shall be listed alphabetically according to their surnames within each party grouping. The name of the party which nominates the candidate shall be printed near the candidate's name, but no candidate may appear on the ballot more than once as a candidate for the same office.

8 Election Procedure; Candidate of One Party; Nominee of Different Party. RSA 659:91-a, I is repealed and reenacted to read as follows:

I. Any person who runs as a candidate on any party's state primary election ballot and who is not chosen as the candidate for that party for the elective office for which the person was a candidate shall not under any circumstances run as the nominee of a different party in the state general election.

9 Vacancies Among Public Officers Elected at State Elections; Special Election Provisions for City State Representative Districts. Amend RSA 661:8 to read as follows:

661:8 Executive Councilor; State Senator; State Representative.

I. If a vacancy occurs in the office of executive councilor or state senator, it shall be filled as provided in Part II, Articles 34 and 62 of the state constitution.

II. If a vacancy occurs in the office of state representative from a single town or ward district, the vacancy may be filled following the provisions of RSA 655:81 and 82 in the same manner as a state general election is held. In a multi-town or multi-ward district, a vacancy in the office of state representative shall be filled following the provisions of RSA 655:81 and 82 by a special election if the selectmen of any town or ward in said district so request of the governor or council.

III. Notwithstanding the provisions of paragraph II, if a vacancy occurs in the office of state representative in a district comprised of a city ward or wards, a request to hold the primary and special elections on the same dates as the city’s biennial primary and regular elections may be submitted to the governor and council by the governing body of the city. If so requested, the governor and council shall declare the vacancy not less than 80 days prior to the date of the city’s primary election. The filing period shall be held not more than 71 days nor less than 64 days prior to the primary election. The provisions of RSA 655:81, III, VI, VII, VIII, IX, X, and XI shall apply to elections held pursuant to this paragraph.

IV. Within 21 days after proof of a vacancy or a request that a vacancy be filled, the governor, in the case of an executive council vacancy, or the governor and council, in the case of any other vacancy, shall declare that there shall be a special election which shall be held as provided in RSA 655:81 and 82 or as provided in RSA 661:8, III.

V. No request for a special election shall be considered after March 15 of the second year of the biennium.

2001-1479s

AMENDED ANALYSIS

This bill:

I. Requires that a political party nominated by nomination papers submit its list of candidates for the general election to the secretary of state no later than 5:00 p.m. on the day of the primary.

II. Repeals the provision permitting parties to fill vacancies existing on a party ticket following the state primary election.

III. Permits a candidate who receives the nomination of his or her party to also receive the nomination of a different party.

IV. Permits cities to hold special elections to fill vacancies in the office of state representative on the same dates as the city’s biennial primary and regular elections.

Public Affairs

June 5, 2001

2001-1464s

03/04

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

1 Voters and Checklists; Checklists: All State Elections; Sessions for Correction; Time. Amend RSA 654:27 to read as follows:

654:27 Session for Correction. In cities and towns, the supervisors of the checklist shall be in session for the correction of the checklist at some suitable place in the city or town. Sessions shall be held in cities at the times determined by the governing body. Sessions shall be held in towns on the Saturday 10 days prior to the election and upon which all hearings shall be finally closed; provided that if the Saturday falls on a holiday weekend, that session shall be held on Tuesday, 7 days prior to the election, between 7:00 p.m. and [9:00] 8:00 p.m. and at the discretion of the supervisors for additional hours. Notice of the day, hour, and place of each session of the board of supervisors shall be given upon the checklists first posted and shall be published in a newspaper of general circulation in the city or town at least 7 days prior to each such session. The reconvening of any session which has been adjourned shall not require the publication of notice.

2 Voters and Checklists; Checklists: All State Elections; Procedure; Time. Amend RSA 654:28 to read as follows:

654:28 Procedure. The supervisors of the checklist shall hear all applications for a correction of the checklist and the evidence submitted thereon and shall correct it according to their best knowledge so that it contains only the names of those persons qualified to vote at said election. The names of all persons not qualified to vote at the time of any session, but who shall clearly be qualified to vote on election day, may be added to the checklist at that session. The session which is held on the Saturday 10 days prior to election day shall be held as a minimum requirement between 11:00 a.m. and 12:00 p.m. and at the discretion of the supervisors for additional hours. No additions or corrections shall be made after the Saturday session, except as provided in RSA 659:12 or RSA 654:27, provided, however, that if the Saturday falls on a holiday weekend, that session shall be held on Tuesday, 7 days prior to the election, between 7:00 p.m. and [9:00] 8:00 p.m. and at the discretion of the supervisors for additional hours. Minimum requirements for sessions shall be determined by the governing body. The additions and corrections resulting from such session shall be made to the previously posted checklist on or before midnight on the succeeding Friday either by additions or corrections to said checklist or by posting a new corrected checklist. Notice of such additions or corrections to the checklist shall also be given to the town or city clerk.

2001-1464s

AMENDED ANALYSIS

This bill permits the governing body of a city to determine the hours for sessions for correction for the checklist and changes the hours for evening sessions for correction of checklists in towns from between 7:00 p.m. and 9:00 p.m. to between 7:00 p.m. and 8:00 p.m. and at the discretion of the supervisors for additional hours.

Public Affairs

June 6, 2001

2001-1470s

08/04

Amend the bill by replacing section 1 with the following:

1 Local Land Use Planning; Authority for Impact Fee Ordinances. Amend RSA 674:21, V(i) to read as follows:

(i) Neither the adoption of an impact fee ordinance, nor the failure to adopt such an ordinance, shall be deemed to affect existing authority of a planning board over subdivision or site plan review, except to the extent expressly stated in such an ordinance. The planning board shall, in the course of site plan or subdivision review, have the authority to impose a requirement that a developer, as a condition of approval of such subdivision or site plan proposal, be responsible for the payment of the cost of such developer’s proportional share of any off-site improvements that the board determines are necessitated by the development proposal. Such authority shall not be affected by the adoption of or failure to adopt an impact fee ordinance as provided herein. For purposes of this subparagraph "off-site improvements" means an exaction imposed to meet capital needs occasioned by a particular application outside the development site.

Amend the bill by replacing section 3 with the following:

3 Local Land Use Planning; Authority for Site Plan Review Regulations. Amend the introductory paragraph of RSA 674:44, IV to read as follows:

IV. The site plan review regulations of the planning board may stipulate, as a condition precedent to the approval of the plat, the extent to which and the manner in which streets shall be graded and improved and to which water, sewer, and other utility mains, piping, connections, or other facilities shall be installed. The planning board, in exercising this authority, may consider both on-site and off-site improvements. It is expressly provided that a planning board may adopt regulations which provide that in the course of review of a site plan review application, the board may require that a developer or an applicant, as a condition of approval of such site plan proposal, be responsible for the payment of the cost of any on-site improvements as well as the developer’s or applicant’s proportional share of any off-site improvements that the board determines are necessitated by the development proposal. Such authority shall not be affected by the adoption of or failure to adopt an impact fee ordinance as provided in RSA 674:21. For purposes of this subparagraph "off-site improvements" means an exaction imposed to meet capital needs occasioned by a particular application outside the development site. The regulations or practice of the planning board:

Public Institutions, Health and Human Services

June 6, 2001

2001-1482s

04/09

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

AN ACT relative to the duties of the advisory council on child care.

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

1 New Subparagraphs; Health and Human Services; Advisory Council on Child Care; Duties. Amend RSA 126-A:17, V by inserting after subparagraph (g) the following new subparagraphs:

(h) Investigating creative ways in which to make affordable health insurance available to all persons providing child care services to children and families in New Hampshire.

(i) Investigating the experiences in other states with programs designed to improve pay and benefits of child care providers to ascertain whether these programs have led to an improvement in the quality and availability of child care in those states.

(j) Monitoring any private or other initiatives undertaken in New Hampshire which address pay and benefits to ascertain the impact on the quality of care for children, paying particular attention to issues of turnover and continuity of care experienced by children.

(k) Considering new and innovative funding methods for accomplishing any recommendations of the commission.

2 New Section; Health and Human Services; Advisory Council on Child Care; Report Required. Amend RSA 126-A by inserting after section 17 the following new section:

126-A:17-a Report. Beginning December 1, 2002, and no later than December 1 in every year thereafter, the advisory council on child care shall submit a report of its findings and any recommendations for legislation relative to the duties set forth in RSA 126-A:17, V (h)-(k), to the speaker of the house of representatives, the president of the senate, the chairperson of the house committee on children and family law, and the chairperson of the senate committee on public institutions, health and human services.

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

2001-1482s

AMENDED ANALYSIS

This bill extends the duties of the advisory council on child care to include the study of issues regarding the pay and benefits of child care providers, including creative ways in which to make affordable health insurance available to persons providing child care services to children and families in New Hampshire, and requires the advisory council to submit a report of its findings in these matters.

Wildlife and Recreation

June 6, 2001

2001-1484s

10/04

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

1 New Paragraph; Fish and Game; Baiting. Amend RSA 207:3-d by inserting after paragraph I the following new paragraph:

I-a. Notwithstanding paragraph I, no person shall engage in the act of baiting for deer or shall knowingly take deer from a baited area unless permitted under RSA 208:7, IV(a) or (b).

2 New Paragraph; Manner of Taking Deer. Amend RSA 208:7 by inserting after paragraph III the following new paragraph:

IV. No person shall place bait for the taking of deer, or shall knowingly take deer from a baited area, except for the following:

(a) A person granted a special permit for scientific purposes, animal damage control, or for any other purpose, allowing such baiting, at the discretion of the executive director.

(b) A person who otherwise complies with the requirements of this title, and who:

(1) Has a walking disability as that term is defined in RSA 261:88, I(c);

(2) Is issued a crossbow permit under RSA 207:10-c; or

(3) Is a landowner wishing to take deer on that person’s own land.

3 Effective Date. This act shall take effect January 1, 2002.

2001-1484s

AMENDED ANALYSIS

This bill prohibits the baiting of deer and the taking of deer from a baited area except by certain persons.

Wildlife and Recreation

June 6, 2001

2001-1494s

08/09

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

1 New Sections; Voluntary Scrapie Flock Certification Program. Amend RSA 436 by inserting after section 115 the following new sections:

436:116 Voluntary Scrapie Flock Certification Program.

I. The department of agriculture, markets, and food shall implement the United States Department of Agriculture, Animal and Plant Health Inspection Service, Voluntary Scrapie Flock Certification Program standards as provided in 9 CRF Parts 54 and 79, and any subsequent amendments.

II. The provisions of paragraph III shall apply in any instance when a sheep or goat producer has entered the program and has voluntarily requested technical help from the board or is inspected by a state animal health official on behalf of the board as established under 9 CFR Parts 54 and 79, and is not at the time the subject of an active enforcement action.

III. With the exception of the state and federal veterinarians, acting in their official capacity, state board members and agents of the board shall not make available to any other regulatory or enforcement agency not involved in the program, or to the public, information obtained in the course of such help or inspection unless:

(a) The person receiving such inspection agrees that such information may be released;

(b) The information reveals an imminent threat to human life of the environment;

(c) The information reveals evidence of a knowing criminal violation;

(d) The information is presented in aggregate form with no identification of individual entities; or

(e) The board first notifies any person requesting technical help of the provisions of this section.

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

2001-1494s

AMENDED ANALYSIS

This bill enables a state scrapie certification board as provided by 9CFR parts 54 and 79, the state entity in charge of the state component of the joint state and federal voluntary scrapie flock certification program. The bill establishes flock participation requirements and confidentiality provisions.

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

HB 373, (New Title) relative to surety bonds for detective agencies and security services. Vote 5-0

Re-referred, Senator Prescott for the committee.

HB 429, relative to dispute resolution within the context of public employee labor relations.

MINORITY REPORT: Ought to Pass, Senator D'Allesandro for the minority. Vote 2-3

MAJORITY REPORT: Inexpedient to Legislate, Senator Prescott for the majority. Vote 3-2

HB 481, relative to access to certain communications common carrier records. Vote 4-0

Ought to Pass, Senator Prescott for the committee.

HB 493, (New Title) exempting certain short term condominium unit owners' association rentals from the New Hampshire real estate practice act. Vote 4-0

Ought to Pass, Senator Francoeur for the committee.

HB 578, (New Title) relative to requirements for nonpublic utility providers of telephone services and competitive telecommunications providers, and relative to the information technology management advisory board. Vote 3-1

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

HB 583, making certain changes to the underground utility damage prevention system. Vote 4-0

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

HB 667, relative to certain reporting requirements and relative to meetings of the board of medicine. Vote 4-0

Ought to Pass, Senator Prescott for the committee.

HB 702, (New Title) relative to the duties of the committee to study the consumer protection effort in New Hampshire. Vote 3-0

Ought to Pass, Senator Flanders for the committee.

HB 719, relative to the removal of public officials for cause. Vote 4-0

Ought to Pass, Senator Prescott for the committee.

HB 193, establishing a committee to study state payments for court-ordered placements of special education pupils. Vote 4-3

Inexpedient to Legislate,Senator Boyce for the committee.

HB 276-FN-A, (New Title) relative to reimbursement of legal fees of supreme court employees who were subpoenaed and incurred legal fees during the impeachment proceedings regarding chief justice David A. Brock and making an appropriation therefor. Vote 5-2

Ought to Pass, Senator Eaton for the committee.

HB 279-FN-A-L, relative to the payment of certain unfunded accrued liability of the retirement system and making an appropriation therefor. Vote 6-0

Ought to Pass, Senator Boyce for the committee.

HB 308-FN, relative to administrative fees added to restitution payments. Vote 7-0

Ought to Pass, Senator Larsen for the committee.

HB 320-FN, (New Title) relative to leasing certain portions of railroad properties and relative to the definition and taxation of amusement railroads. Vote 7-0

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

HB 337-FN, relative to the administration of the public utilities commission and establishing the position of executive director of the public utilities commission. Vote 6-1

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

HB 354-FN-AL, extending the kindergarten construction program. Vote 6-1

Ought to Pass, Senator Barnes for the committee.

HB 547-FN, authorizing participation in a regional electronic toll collection system. Vote 7-0

Ought to Pass, Senator Eaton for the committee.

HB 717, (New Title) establishing a committee to make recommendations on policy concerning state-operated trails for all terrain vehicles and trail bikes and relative to increasing the nonresident OHRV registration fees for snow traveling vehicles. Vote 7-0

Ought to Pass, Senator Below for the committee.

HB 731-FN, relative to securities laws. Vote 7-0

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

HB 745-FN, revising Article 9 of the Uniform Commercial Code and related statutes. Vote 7-0

Ought to Pass, Senator Hollingworth for the committee.

HB 652, relative to the penalties for reckless or negligent operation of a motor vehicle. Vote 4-0

Ought to Pass, Senator Flanders for the committee.

HB 669, requiring certain safety devices on freight locomotives. Vote 5-0

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

Senate Executive Departments & Administration

June 8, 2001

2001-1551s

06/01

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

1 New Section; Workforce Investment Act Funds. Amend RSA 124 by inserting after section 13-b the following new section:

124:13-c Workforce Investment Act Funds. The administrative entity for the federal Workforce Investment Act funds shall submit a quarterly written report to the legislative fiscal committee, senate president, and speaker of the house of representatives. The entity shall make an oral presentation to the legislative fiscal committee on a semi-annual basis.

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

2001-1551s

AMENDED ANALYSIS

This bill requires the administrative entity for the federal Workforce Investment Act funds to submit a certain written and oral reports to the legislative fiscal committee, the senate president and the speaker of the house of representatives with an oral presentation.

Senate Executive Departments and Administration

June 7, 2001

2001-1544s

03/10

Amend RSA 378:17-c, III as inserted by section 1 of the bill by deleting subparagraph (d).

Amend RSA 378:17-c as inserted by section 1 of the bill by deleting paragraph IV.

Amend the bill by replacing section 4 with the following:

4 Effective Date. This act shall take effect January 1, 2002.

Senate Finance

June 8, 2001

2001-1555s

06/10

Amend RSA 228:57-a, IV as inserted by section 1 of the bill by replacing it with the following:

IV. The cost of the lease shall be [$5] $50 per running foot per year, paid annually.

2001-1555s

AMENDED ANALYSIS

This bill restricts eligibility for certain leases of state-owned railroad properties, and increases the cost of such leases from $5 to $50 per running foot per year. This bill also defines amusement railroads and provides for their taxation.

Senate Finance

June 8, 2001

2001-1554s

03/10

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

Amend the bill by inserting after section 7 the following and renumbering the original section 8 to read as 14:

8 Department of Corrections; Section Heading Amended. Amend the section heading in RSA 21-H:6 to read as follows:

21-H:6 Commissioner, Assistant Commissioner, and Division Directors; Appointment; Term.

9 New Paragraph; Department of Corrections; Assistant Commissioner. Amend RSA 21-H:6 by inserting after paragraph I the following new paragraph:

I-a. The commissioner of the department shall nominate for appointment of the governor, with the consent of the council, an assistant commissioner who shall serve at the pleasure of the commissioner.

10 Department of Corrections; Assistant Commissioner; Qualifications. Amend RSA 21-H:7, I to read as follows:

I. The commissioner and assistant commissioner of the department shall be qualified to hold [that position] such positions by reason of education and experience.

11 Department of Corrections; Assistant Commissioner; Compensation. Amend RSA 21-H:7, III to read as follows:

III. The salaries of the commissioner, assistant commissioner, and the division directors of the department shall be as specified in RSA 94:1-a.

12 Compensation of Certain State Officers; Assistant Commissioner, Department of Corrections Added. Amend RSA 94:1-a, I by:

Inserting in Group Q:

Assistant commissioner, department of corrections.

13 New Section; Department of Corrections; Assistant Commissioner; Status in Retirement System. Amend RSA 21-H by inserting after section 8 the following new section:

21-H:8-a Assistant Commissioner; Status in Retirement System. For purposes of classification under RSA 100-A, the assistant commissioner of the department of corrections shall be considered a permanent policeman if the assistant commissioner was a permanent police member of group II for at least 10 years prior to appointment as assistant commissioner, and continues to be certified as a police officer under RSA 188-F:26 and 188-F:27.

2001-1554s

AMENDED ANALYSIS

This bill:

I. Establishes the unclassified position of executive director of the public utilities commission.

II. Increases the salary grade for the general counsel of the public utilities commission.

III. Permits the public utilities commission to exempt water companies with less than 75 consumers.

IV. Reduces the public utilities commission future employment prohibition from 2 years to one year.

V. Provides that a hearing shall not be required prior to alteration of an order made by the public utilities commission pursuant to a provision of law not requiring a hearing.

VI. Repeals the requirement that the public utilities commission approve the tearing up or removal of railroad lines.

VII. Converts the position of assistant commissioner of corrections to an unclassified position, establishes a salary for this position, and provides that under certain circumstances, the assistant commissioner shall be classified as a permanent policeman in the retirement system.

Senate Finance

June 8, 2001

2001-1558s

10/04

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

AN ACT relative to securities laws, making a change to Article 9 of the Uniform Commercial Code, and relative to standards for records filed with a registry of deeds.

Amend the bill by replacing section 18 with the following:

18 Article 9; Uniform Commercial Code; Contingent Amendment; HB 745-FN. Amend RSA 382-A:9-334(e)(2)-(4) to read as follows

(2) before the goods become fixtures, the security interest is perfected by any method permitted by this article and the fixtures are readily removable:

(A) factory or office machines;

(B) equipment that is not primarily used or leased for use in the operation of the real property; or

(C) replacements of domestic appliances that are consumer goods; or

(3) the conflicting interest is a lien on the real property obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this article[; or

(4) the security interest is:

(A) created in a manufactured home in a manufactured-home transaction; and

(B) perfected pursuant to a statute described in Section 9-311(a)(2)].

Amend the bill by replacing all after section 19 with the following:

20 Registers of Deeds; Form of Records; Document Format Standards Required. Amend RSA 478:4-a, II to read as follows:

II. All documents shall be suitable for reproduction as determined by the register of deeds, who shall provide [guidelines concerning document quality] document standards as amended and adopted by the New Hampshire registers of deeds. The standards and any amendments thereto shall include a statement of their effective date, and shall be posted in and distributed by all registries of deeds for at least 60 days prior to such effective date.

21 Repeal. The following are repealed:

I. RSA 421-B:9, VII, relative to examination charges for broker-dealers.

II. RSA 421-B:13, I-a, relative to registration by coordination.

III. RSA 421-B:21, II-b, relative to expenses of administration of securities laws.

22 Effective Date.

I. Section 18 of this act shall take effect as provided in section 19 of this act.

II. Section 20 of this act shall take effect 60 days after its passage.

III. The remainder of this act shall take effect upon its passage.

2001-1558s

AMENDED ANALYSIS

This bill:

I. Makes a variety of changes to the securities laws administered by the secretary of state.

II. Makes a change to Article 9 of the Uniform Commercial Code in HB 745-FN of the 2001 legislative session.

III. States that if a majority of the registers of deeds adopt uniform guidelines as to document quality, the guidelines shall be effective for all 10 registries of deeds.

JUDICIARY, Room 103, LOB

PUBLIC INSTITUTIONS, HEALTH & HUMAN SERVICES, Room 104, LOB

HB 240, requiring the department of health and human services to develop a plan reducing the number of persons awaiting certain services for developmental disabilities.

Senate Conferees: Senators Wheeler, Prescott, McCarley

House Conferees: Representatives Batula, Burnham, Manning, Seldin

PERINATAL ALCOHOL, TOBACCO & OTHER DRUG USE TASK FORCE (RSA 132:19) Room 204, LOB

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

WAYS & MEANS COMMITTEE WORK SESSION HB 170-FN, HB 374 AND SB 198-FN-A Room 102, LOB

POSTSECONDARY EDUCATION AND TEMPORARY ASSISTANCE RECIPIENTS RELATIONSHIP COMMISSION (SB 313, Chapter 122:2, Laws of 2000) Room 205, LOB

NH DEPARTMENT OF TRANSPORTATION (TE CMAQ) Community Resources Ctr. Horseshoe Pond Place, 28 Commercial Street, Concord, NH

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

TOBACCO USE ADVISORY COMMITTEE (RSA 126-K:19) Room 205, LOB

NH DEPARTMENT OF TRANSPORTATION (TE CMAQ) Exeter Library, Exeter, NH

OSTEOPOROSIS ADVISORY COUNCIL (RSA 126-I:3) Room 102, LOB

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

KIDS CABINET MEETING Governor and Council Chambers

WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62) Room 306, LOB

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

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

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

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

CERTIFICATE OF NEED (RSA 151-C:16) ROOMS 306-308, LOB

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

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

NH HAMPSHIRE COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2), Room 103, SH

PUBLIC HEALTH & ENVIRONMENT RELATION SHIP COMMISSION (HB 1390, Chapter 114, Laws of 2000) Room 205, LOB

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

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

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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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Senator Katherine W. Wheeler

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Food, fun and frosty drinks!

Senator Beverly A. Hollingworth

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Exports play a significant role in the state's economy and your awareness of this resource will serve you well with businesses in your district.

Activities will include an early morning round of golf; ongoing briefings relative to New Hampshire’s export activities and statistics, a tour of the International Trade Resource Center, ongoing tours of the Pease International Tradeport and boat tours of the Port of New Hampshire. See you on June 25.

Senator Carl R. Johnson

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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 June 2001. Please contact the Visitors’ Center concerning school tour booking information. Thank you for your continued participation with your School Visitation Program.

Kenneth Leidner, Director