June 11, 2001

No. 32

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.

Inexpedient to Legislate, Senator Fernald for the committee.

HB 25-FN-A, making appropriations for capital improvements. Vote 5-0

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

HB 275, relative to the expenditure of funds received pursuant to the Workforce Investment Act. Vote 4-0

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 1-A, making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2002 and June 30, 2003. Vote 5-2

Ought to pass with amendment, Senator Barnes 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 261-FN, including the judiciary as a public employer under the public employee labor relations act. Vote 6-1

Ought to Pass, Senator Larsen 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-A-L, extending the kindergarten construction program. Vote 6-1

Ought to Pass, Senator Barnes for the committee.

HB 375, (New Title) relative to sources of funding an adequate education. Vote 4-3

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

HB 408-FN, relative to the regulation of nursing by the board of nursing. Vote 6-0

Ought to Pass, Senator Larsen 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 649-FN, relative to compensation for time lost by state employees injured in the line of duty. Vote 7-0

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

HB 653-FN, relative to certain signs within highway rights-of-way. Vote 5-2

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 202, relative to the legislative ethics committee. Vote 5-0

Ought to Pass, Senator Boyce for the committee.

HB 707, establishing a committee to study the usage of 211 as a uniform community service information and referral number. Vote 3-1

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

HB 738, establishing a commission to assess the operating efficiency of state government.

Vote 3-2

Ought to Pass, Senator Roberge for the committee.

CACR 5, (New Title) relating to the rulemaking authority of the supreme court. Providing that supreme court may adopt rules that have the force and effect of law, and that the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court, and that in the event of a conflict between a statute and a rule, the statute, if otherwise valid, shall supersede the rule. Vote 4-0

Re-referred, Senator Fernald for the committee.

HB 215, relative to publication of status of cases before the supreme court. Vote 5-0

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

HB 252, (New Title) relative to rules promulgated by the supreme court. Vote 4-0

Re-referred, Senator Fernald for the committee.

HB 256, limiting the liability of law enforcement agencies and their employees for injuries caused by dogs used in law enforcement work. Vote 5-0

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

HB 271, relative to criminal liability for the conduct of another. Vote 5-0

Ought to Pass, Senator Gordon for the committee.

HB 277-L, clarifying the penalties for violations of statutes or ordinances where no penalty is specified. Vote 5-0

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

HB 315-FN, relative to the registration of criminal offenders. Vote 4-0

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

HB 357, relative to periodic payments of judgments. Vote 5-0

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

HB 444, relative to mental health services and records. Vote 5-0

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

HB 446, relative to spousal and child support enforcement. Vote 5-0

Ought to Pass, Senator Fernald for the committee.

HB 466, relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases. Vote 4-1

Re-referred, Senator Pignatelli for the committee.

HB 475, establishing a commission for the development of a statewide protocol for interviewing victims of sexual assault crimes. Vote 5-0

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

HB 495, relative to judicially appointed officials. Vote 3-2

Re-referred, Senator Prescott for the committee.

HB 509, (New Title) establishing a statute of limitations on spousal support orders. Vote 5-0

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

HB 588, relative to examination of persons called as jurors. Vote 5-0

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

HB 616, clarifying sessions to be held at the satellite district court in Durham. Vote 3-2

Ought to Pass, Senator Pignatelli for the committee.

HB 622, relative to the time period for the executive council to confirm nominees to the supreme court. Vote 5-0

Ought to Pass, Senator Roberge for the committee.

HB 699, relative to the rights of non-offending parents in the context of abuse and neglect cases. Vote 5-0

Ought to Pass, Senator Gordon for the committee.

HB 703, relative to durable powers of attorney. Vote 4-0

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

HB 390, (New Title) relative to the Live-Birth Infants Protection Act.

MINORITY REPORT: Ought to pass with amendment, Senator McCarley for the minority Vote 2-3

MAJORITY REPORT: Ought to pass with amendment, Senator Boyce for the majority.

Vote 3-2

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 11, 2001

2001-1579s

10/03

Amend the bill by replacing section 2 with the following:

2 Line of Duty Injury; State Police Employees. Amend RSA 106-B:18 to read as follows:

106-B:18 Line of Duty Injury. Any injury, which is due to a hostile or overt act or an act by another person, received by any state police employee [because of his] while on assignment, patrol, or duty that requires that [he] the employee be hospitalized or to the extent that [he] the employee is unable to perform [his] normal or routine duties shall not be charged against [his] earned sick leave or annual leave, and during such time [his name] the employee shall remain on the payroll. The commissioner of safety shall make the final determination as to whether the injury received is in line of duty and due to a hostile or overt act or an act by another person, and [his] the commissioner’s decision is final, subject to approval of governor and council.

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.

Internal Affairs

June 11, 2001

2001-1583s

03/04

Amend the bill by inserting after section 5 the following and renumbering the original section 6 to read as 7:

6 Public Utilities Commission Action. The public utilities commission shall not proceed with any steps toward implementation of 211 service, nor impose any tax, fee, surcharge, or any other source of revenue directed towards 211 service until legislation enabling such action has passed.

Senate Judiciary

June 11, 2001

2001-1584s

09/04

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

1 New Section; Supreme Court; Publication of Status of Cases. Amend RSA 490 by inserting after section 8 the following new section:

490:8-a Publication of the Status of Cases.

I. Beginning with notices of appeal filed on January 1, 2002, the supreme court shall make available to the public a record of cases pending before the court. The record shall be by calendar year, with the current year recording all cases filed with the court in that year. The record for prior years shall only document cases pending. Cases pending shall be those cases in which a decision has not been made as to accepting the notice of appeal or the accepted appeal has not been decided. The record shall be updated and printed quarterly and shall be available not later than 15 days after the end of each quarter. This report shall list the following data:

(a) Name and docket number.

(b) Date of acceptance or rejection of the notice of appeal and if the appeal was accepted or rejected.

(c) Date of oral argument.

(d) Date of decision.

II. At the end of each calendar year, all cases for which the notice of appeal was rejected and all cases decided shall be removed from the list.

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

Senate Judiciary

June 11, 2001

2001-1589s

06/09

Amend RSA 508:18-a, I (a) as inserted by section 1 of the bill by replacing it with the following:

(a) The officer and the dog have completed training together and received certification from a nationally recognized organization required for police work or other law enforcement work;

Senate Judiciary

June 11, 2001

2001-1595s

06/01

Amend the bill by replacing section 2 with the following:

2 Regulation of Hawkers, Peddlers, and Vendors; Enforcement of Ordinances and Regulations. Amend the introductory paragraph of RSA 31:102-a to read as follows:

31:102-a Hawkers, Peddlers and Vendors. The governing board of a city, town or village district may adopt, by ordinance or regulation, provisions for the licensure and regulation of itinerant vendors, hawkers, peddlers, traders, farmers, merchants, or other persons who sell, offer to sell, or take orders for merchandise from temporary or transient sales locations within a town or who go from town to town or place to place within a town for such purposes. Any person who violates any provision of such ordinance or regulation shall be guilty of a violation, and each continuing day of violation after notice shall constitute a separate offense. A city, town, or village district shall be specifically prohibited, however, from licensing or regulating a candidate for public office in the process of obtaining signatures on nomination papers, who seeks to have [his] the candidate’s name placed on the ballot for the state general election by submitting nomination papers under RSA 655:40. Provisions adopted under this section shall be in addition to any requirements imposed by the state under either RSA 320 or RSA 321 and may include, but shall not be limited to:

Amend the bill by replacing section 4 with the following:

4 New Section; Minimum Housing Standards; Enforcement of Minimum Standards. Amend RSA 48-A by inserting after section 14 the following new section:

48-A:15 Enforcement of Minimum Standards. In municipalities which have not established a public agency as described in RSA 48-A:3, a violation of the minimum standards set forth in RSA 48-A:14 shall be a violation, and each continuing day of violation after notice shall be a separate offense.

Senate Judiciary

June 11, 2001

2001-1587s

04/01

Amend RSA 651-B:4, I (b) as inserted by section 1 of the bill by replacing it with the following:

(b) Any nonresident sexual offender or offender against children who enters this state for the purpose of employment, with or without compensation, or to attend any public or private educational institution for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year is required to report to the local law enforcement agency having jurisdiction over the place of employment or school within 10 days of the nonresident offender entering the state for employment or schooling, and additionally within 10 days after any change of place of employment or schooling. In the event a nonresident offender required to register under this paragraph does not have a principal place of employment, the offender shall register with the department in Concord. Upon the nonresident offender’s initial registration, the local law enforcement agency or the department shall notify the offender of the offender’s duty to report under this chapter. The offender shall report the address of the offender’s place of employment or schooling while in the state, the address where the offender resides out of state, and other information required by department rules adopted in accordance with RSA 651-B:8. Such report shall also be made annually within 30 days after each anniversary of the person’s date of birth, and additionally within 10 days after any change of address or place of employment or schooling.

Amend the bill by replacing section 2 with the following:

2 Registration of Criminal Offenders; Change of Name or Alias. Amend RSA 651-B:5 to read as follows:

651-B:5 Change of Name or Alias, or Address; Duty to Inform.

I. When any person required to be registered under [this chapter] RSA 651-B:4, I(a) changes residence, or their name or alias, the person shall give written notification of the person's new address, name, or alias to the local law enforcement agency to which he or she last reported under RSA 651-B:4 within 10 days of such change of residence, name, or alias. Such notice shall not relieve the person of the duty to report under RSA 651-B:4 at the new place of residence. The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt. The division shall notify the local law enforcement agency at the new place of residence, or the appropriate out-of-state law enforcement agency if the new place of residence is outside New Hampshire, and shall include such change-of-address or change-of-name information in the LENS system.

2001-1587s

AMENDED ANALYSIS

This bill specifies procedures for reporting by criminal offenders who are employed in this state for a certain period of time or are attending any public or private educational institution in this state to register in New Hampshire as a criminal offender.

This bill is a request of a department of justice.

Senate Judiciary

June 11, 2001

2001-1594s

06/04

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

1 Periodic Payment of Judgments; Hearing Required. Amend RSA 524:6-a to read as follows:

524:6-a Periodic Payment of Judgments. Whenever judgment is rendered against any person in this state, the court in which the judgment is rendered shall either at the time of rendition of the judgment inquire of the defendant as to the defendant's ability to pay the judgment in full or, upon petition of the plaintiff after judgment, order the defendant to appear in court for such inquiry. The court may at either time order the defendant to make such periodic payments as the court in its discretion deems appropriate. If the court orders the defendant to make periodic payments at the time of rendition of judgment, the order shall not provide for payments to begin until after the appeal period has expired. Failure to make such periodic payments shall constitute civil contempt of court. The court may order the appropriate agencies to make an investigation and recommendation as to the defendant's ability to pay the judgment. The judgment may be enforced against any property of any kind of the debtor, except such property as is now exempt from attachment or execution. Unless the parties otherwise agree, after an order for periodic payments has been issued by the court, no writ of execution shall be issued by the court without prior notice to the defendant.

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

2001-1594s

AMENDED ANALYSIS

This bill requires that, unless the parties agree otherwise, notice be given to the defendant before a judge may issue a writ of execution in cases where an order for periodic payments has been issued against a judgment debtor.

Senate Judiciary

June 11, 2001

2001-1586s

01/04

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

3 Reference Change. Amend RSA 135:17-a, II to read as follows:

II. If the defendant is to undergo treatment to restore competency, he or she may be treated in the state mental health system or at the secure psychiatric unit [if the criteria set forth in RSA 135-C:27 are met] only under an order for involuntary admission or involuntary emergency admission ordered by the district court or probate court having jurisdiction pursuant to RSA 135-C. In all other cases, the accused shall, if otherwise qualified, be admitted to bail. The court may order bail supervision by the division of field services and impose such conditions, in addition to the appropriate course of treatment to restore competency, as the court deems necessary to ensure the appearance of the defendant for further proceedings in the case, and the safety of the defendant and the community.

4 Definition Clarified. Amend RSA 171-B:2, IV to read as follows:

IV. The person has mental retardation, as defined in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and

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

2001-1586s

AMENDED ANALYSIS

This bill provides certain procedural protections for individuals temporarily admitted by temporary revocation of conditional discharge or by an involuntary emergency admission when a longer period of admission is determined necessary and authorizes rulemaking regarding record retention.

Senate Judiciary

June 11, 2001

2001-1588s

04/01

Amend subparagraph I (a) as inserted by section 2 of the bill by replacing it with the following:

(a) Two members of the house of representatives, one each from the children and family law and executive departments and administration committees, appointed by the speaker of the house.

Amend subparagraph I (n) as inserted by section 2 of the bill by replacing it with the following:

(n) One representative from the New Hampshire Coalition Against Domestic and Sexual Violence, appointed by the executive director of the New Hampshire Coalition Against Domestic and Sexual Violence.

Amend paragraph I as inserted by section 3 of the bill by replacing it with the following:

3 Duties. The duties of the commission shall be to:

I. Develop and design a standardized, statewide protocol and implementation plan for interviewing victims of sexual assault crimes, which at a minimum may include:

(a) Procedures for avoiding multiple interviews of the alleged victim.

(b) Procedures to ensure that the initial investigative interview and any subsequent interviews are conducted by a certified forensic interviewer.

(c) Procedures to ensure that the initial and any subsequent interviews be audiotaped and videotaped with due consideration of consent issues.

(d) A definition of "investigative interview" and guidelines for pre-investigative interviews.

(e) Procedures requiring law enforcement officials to conduct the interviews as soon after the allegation of sexual assault or sexual abuse as practical.

(f) Provisions for the creation of a review panel to conduct regular, ongoing reviews of the protocols and related matters.

Senate Judiciary

June 11, 2001

2001-1585s

05/09

Amend the bill by replacing section 2 with the following:

2 Divorce; Alimony; Statute of Limitations Added. Amend RSA 458:19, I to read as follows:

I. Upon motion of either party for alimony payments, the court shall make orders for the payment of alimony to the party in need of alimony, either temporary or permanent, for a definite or indefinite period of time, if [it] the motion for alimony payments is made within 5 years of the decree of nullity or divorce and the court finds that:

Judiciary

June 11, 2001

1002-1611s

08/09

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

AN ACT establishing a Merrimack county superior court jury selection pilot program.

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

1 Merrimack County Superior Court Jury Selection Pilot Program. There is established a pilot program regarding the examination of prospective jurors by judges and counsel. In addition to the provisions of RSA 500-A:12, the following provisions shall be incorporated into jury selection in Merrimack county superior court:

I. The court shall instruct the panel of prospective jurors prior to jury selection as to:

(a) The nature and purpose of the selection process.

(b) The nature of the case to be presented.

(c) The specific issues for resolution.

(d) A summary of the law to be used in their consideration of the evidence.

(e) Any controversial aspects of the trial likely to invoke bias.

II. Counsel for each party shall be allowed a reasonable amount of time to address the panel of prospective jurors for the purpose of explaining such party’s claims, defenses, and concerns in sufficient detail to prompt jury reflection, probing, and subsequent disclosure of information, opinion, bias, or prejudices which might prevent a juror from attaining the requisite degree of neutrality required.

III. The trial judge shall examine the prospective jurors. Upon completion of the judge’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any of the prospective jurors in order to enable counsel to intelligently exercise both peremptory challenges and challenges for cause. During any examination conducted by counsel for the parties, the trial judge shall permit liberal and probing examination calculated to discover bias or prejudice with regard to the circumstances of the particular case. The fact that a topic has been included in the judge’s examination shall not preclude additional non-repetitive or non-duplicative questioning in the same area by counsel.

IV. The scope of the examination conducted by counsel shall be within reasonable limits prescribed by the trial judge’s sound discretion. In exercising his or her sound discretion as to the form and subject matter of voir dire questions, the trial judge shall consider, among other criteria, any unique or complex elements, legal or factual, in the case and the individual responses or conduct of jurors which may evince attitudes inconsistent with suitability to serve as a fair and impartial juror in the particular case. Specific unreasonable or arbitrary time limits shall not be imposed. The trial judge shall permit counsel to conduct voir dire examination without requiring prior submission of the questions unless a particular counsel engages in improper questioning. For purposes of this section, an "improper question" is any question which, as its dominant purpose, attempts to precondition the prospective jurors to a particular result, indoctrinate the jury, or question the prospective jurors concerning the pleadings or the applicable law. A court shall not arbitrarily or unreasonably refuse to submit reasonable written questionnaires, the contents of which are determined by the court in its sound discretion, when requested by counsel.

V. Each party shall have 5 preemptory challenges with which to remove prospective jurors.

VI. No later than December 1, 2003, the chief justice of the superior court shall report findings on this program to the president of the senate, the speaker of the house, the governor, and the state library. The report shall include a recommendation to terminate, continue, or expand the program.

2 Repeal. Section 1, establishing the Merrimack county superior court jury selection pilot program, is repealed.

3 Effective Date.

I. Section 2 of this act shall take effect December 31, 2003.

II. The remainder of this act shall take effect January 1, 2002.

2001-1611s

AMENDED ANALYSIS

This bill establishes a pilot program in Merrimack County Superior Court to change the procedure for the examination of prospective jurors.

Senate Judiciary

June 11, 2001

2001-1590s

06/09

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

1 New Paragraphs; Prevention of Frauds and Perjuries; Powers of Attorney, Disability or Incompetence of Principal; Gifts; Durable Power of Attorney Document; Notification. Amend RSA 506:6 by inserting after paragraph IV the following new paragraphs:

V. An attorney in fact is not authorized to make gifts to the attorney in fact or to others unless the durable power of attorney explicitly authorizes such gifts.

VI. The following disclosure statement, signed by the principal, may accompany a durable power of attorney:

INFORMATION CONCERNING THE DURABLE POWER OF ATTORNEY

THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS:

Notice to the Principal: As the ‘Principal,’ you are using this Durable Power of Attorney to grant power to another person (called the ‘Agent’ or ‘Attorney in Fact’) to make decisions, including, but not limited to, decisions concerning your money, property, or both, and to use your money, property, or both on your behalf. If this written Durable Power of Attorney does not limit the powers that you give to your Agent, your Agent will have broad and sweeping powers to sell or otherwise dispose of your property, and to spend your money without advance notice to you or approval by you. Under this document, your agent will continue to have these powers after you become incapacitated, and unless otherwise indicated your Agent will have these powers before you become incapacitated. You have the right to retain this Power and not to release this Power until you instruct your attorney or any other person who may hold this Power of Attorney to so release it to your Agent pursuant to written instructions. You have the right to revoke or take back this Durable Power of Attorney at any time, so long as you are of sound mind. If there is anything about this Durable Power of Attorney that you do not understand, you should seek professional advice.

___________________________________________

Principal

The language required by this paragraph shall not confer any powers to the agent that are not otherwise contained in the durable power of attorney.

VII. An agent, prior to acting in the capacity of agent, shall execute and affix to the power of attorney an acknowledgment in substantially the following form:

I, _______________________________________, have read the attached power of attorney and am the person identified as the Agent for the Principal. I hereby acknowledge that when I act as Agent or "attorney in fact," I am given power under this Durable Power of Attorney to make decisions about money, property, or both belonging to the Principal, and to spend the Principal’s money, property, or both on the Principal’s behalf, in accordance with the terms of this Durable Power of Attorney. This Durable Power of Attorney is valid only if the Principal is of sound mind when the Principal signs it. When acting in the capacity of Agent, I am under a duty (called a ‘fiduciary duty’) to observe the standards observed by a prudent person, which means the use of those powers that is reasonable in view of the interests of the Principal and in view of the way in which a person of ordinary judgment would act in carrying out that person's own affairs. If the exercise of my acts is called into question, the burden will be upon me to prove that I acted under the standards of a fiduciary. As the Agent, I am not entitled to use the money or property for my own benefit or to make gifts to myself or others unless the Durable Power of Attorney specifically gives me the authority to do so. As the Agent, my authority under this Durable Power of Attorney will end when the Principal dies and I will not have authority to manage or dispose of any property or administer the estate unless I am authorized to do so by a New Hampshire Probate Court. If I violate my fiduciary duty under this Durable Power of Attorney, I may be liable for damages and may be subject to criminal prosecution. If there is anything about this Durable Power of Attorney, or my duties under it, that I do not understand, I understand that I should seek professional advice.

____________________________________________

Agent

VIII. Nothing in paragraphs V-XI of this section shall render ineffective a durable power of attorney validly executed under New Hampshire law.

IX. A durable power of attorney validly executed under the laws of another state or foreign jurisdiction shall be deemed valid under New Hampshire law. Foreign powers of attorney shall be subject to the provisions of RSA 506:7.

X. The failure to meet the requirements of paragraph VI shall not impair the legal validity of an otherwise valid durable power of attorney.

2 Powers of Attorney; Limitations on the Agent. Amend RSA 506:7, IV to read as follows:

IV.(a) The court may hold hearings, make orders and decrees, and take other actions that are necessary or proper [to make] in making determinations on matters presented by a petition filed under paragraph III.

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

2001-1590s

AMENDED ANALYSIS

This bill specifies that a durable power of attorney does not authorize an attorney in fact to make gifts unless the durable power of attorney explicitly authorizes such gifts. This bill also enacts explanatory language that may be included in a durable power of attorney.

Public Institutions, Health and Human Services – Minority

June 11, 2001

2001-1606s

01/09

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

AN ACT relative to the Live-Birth Infants Protection Act.

Amend the bill by replacing section 1 with the following:

1 New Subdivision; Live-Birth Infants Protection Act. Amend RSA 132 by inserting after section 21 the following new subdivision:

Live-Birth Infants Protection Act

132:22 This subdivision shall be known and may be cited as the Live-Birth Infants Protection Act.

132:23 Definition.

I. In this subdivision "live-birth" means the complete expulsion or extraction from its mother of a child, irrespective of the duration of the pregnancy, who after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps. The child shall receive appropriate comfort care.

II. The definition under paragraph I shall apply whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.

Public Institutions, Health and Human Services-Majority

June 11, 2001

2001-1605s

01/09

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

AN ACT relative to the Live-Birth Infants Protection Act.

Amend the bill by replacing section 1 with the following:

1 New Subdivision; Live-Birth Infants Protection Act. Amend RSA 132 by inserting after section 21 the following new subdivision:

Live-Birth Infants Protection Act

132:22 This subdivision shall be known and may be cited as the Live-Birth Infants Protection Act.

132:23 Definition.

I. In this subdivision "live-birth" means the complete expulsion or extraction from its mother of a child, irrespective of the duration of the pregnancy, who after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. The child shall receive appropriate comfort care.

II. The definition under paragraph I shall apply whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.

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

WAYS & MEANS, Room 102, LOB

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

JOINT FACILITIES (RSA 17-E:2) Room 105-A, SH

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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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