February 21, 2001

No. 9

SB 93, establishing a committee to study the public health and environmental benefit of requiring stationary sources that burn virgin petroleum products or coal to comply with the requirements of the air toxic control act.

Ought to Pass, Senator Gatsas for the committee.

SB 121, relative to the advisory committee on international trade. Vote 3-0

Ought to Pass, Senator Cohen for the committee.

SB 66-FN-A, making an appropriation to the harbor dredging and pier maintenance fund for the dredging of Hampton Harbor, Seabrook Harbor, and the mouth of the Blackwater River. Vote 3-0

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

SB 20, relative to possessory actions instituted on the basis of nonpayment of rent. Vote 5-0

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

SB 21, establishing a commission to develop recommendations for legislation to reduce regulatory barriers to the creation of affordable housing. Vote 5-0

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

SB 38-FN, relative to increasing the compensation of the public employee labor relations board. Vote 3-0

Inexpedient to Legislate, Senator Francoeur for the committee.

SB 97-FN, requiring the annual registration of manufactured housing parks. Vote 4-1

Inexpedient to Legislate, Senator Prescott for the committee.

SB 98, relative to notice requirements prior to the sale of manufactured housing parks. Vote 3-2

Inexpedient to Legislate, Senator D'Allesandro for the committee.

SB 99, relative to the exemption from the community benefits law for charitable trusts. Vote 3-0

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

SB 115-FN, granting a cost of living adjustment to certain retired group II firefighters. Vote 5-0

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

SB 120, relative to tip pooling for certain hourly employees. Vote 4-0

Ought to Pass, Senator Francoeur for the committee.

SB 10, relative to the transcription of hearings before standing committees of the senate. Vote 3-2

Inexpedient to Legislate, Senator Prescott for the committee.

SB 61, establishing a procedure for summary administration of estates. Vote 5-0

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

SB 63, relative to administration of estates and filing of wills by executors. Vote 5-0

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

SB 75, relative to physicians who make a report when a person is unfit to drive a motor vehicle. Vote 5-0

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

SB 33, relative to the definition of "campsite". Vote 4-0

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

Environment

February 20, 2001

2001-0195s

03/09

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

AN ACT relative to appropriations to the port authority for dredging projects.

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

1 1991 Appropriation; Port Authority; Dredging Projects. Amend 1991, 351:5, as amended by 1992, 260:20, 1994, 204:1, 2000, 15:1, and 2000, 292:10 to read as follows:

351:5 Appropriation; Port Authority. The expansion of the Port of Portsmouth funded in this section shall include an 11-acre expansion of the north yard of the port, the construction of a 750-foot pier, dredging projects including associated mitigation to maintain channels and harbor, a hydrodynamic study of Hampton and Seabrook, renovation of any commercial fish piers that may be transferred to the port authority, and the rip-rap project on River Street in Seabrook. The sums hereinafter detailed are hereby appropriated for the project specified:

A. Port of Portsmouth Expansion $18,300,000

Total state appropriation section 5 $18,300,000

(The funds appropriated in subparagraph A for the Port of Portsmouth expansion shall not be expended, encumbered, or obligated in any way unless an action plan, which shall include construction documents, prepared by the New Hampshire Port Authority shall be approved by the capital budget overview committee, the fiscal committee, and the governor and council. $1,500,000 of the total amount appropriated herein is hereby released for the purpose of final design and bid documents. $1,800,000 of the total amount appropriated is designated for wetland mitigation. $400,000 of the total amount appropriated is designated for the Hampton-Seabrook hydrodynamic study. The remaining $14,600,000 is designated for construction, renovation, and dredging projects including associated mitigation. This appropriation shall be nonlapsing until the project is completed. The New Hampshire Port Authority shall not encumber, obligate, or expend any funds from this appropriation for renovation or dredging projects without the prior approval of the capital budget overview committee. The total amount that may be expended for renovation and dredging projects including associated mitigation shall not exceed a total of [$1,000,000] $2,300,000.)

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

2001-0195s

AMENDED ANALYSIS

This bill increases the amount of money from an appropriation to the port authority which may be expended for renovation and dredging projects including associated mitigation.

Senate Executive Departments and Administration

February 21, 2001

2001-0226s

09/01

Amend the bill by replacing section 1 with the following:

1 New Paragraph; Appeals of Possessory Action by Defendant; Landlord’s Motion for Recovery of Rent Paid to Court. Amend RSA 540:25 by inserting after paragraph I the following new paragraph:

I-a. At any time during the pendency of the appeal, the landlord may file a motion for recovery of the rent money that has been paid into court pursuant to paragraph I. The court shall grant such motion unless the tenant objects and the court rules that the landlord is not lawfully entitled to the full amount of rent. If the court rules that the landlord is not entitled to the full amount of the rent, it shall release such portion of the rent to which the court deems the landlord is lawfully entitled, if any, and make specific findings in support of its decision to deny or partially deny the landlord’s motion. The rent money retained by the court shall be apportioned between the landlord and the tenant upon final disposition of the appeal.

2001-0226s

AMENDED ANALYSIS

This bill allows a landlord to file a motion for recovery of rent money paid into court in a possessory action where the tenant appeals.

Senate Executive Departments and Administration

February 21, 2001

2001-0223s

05/01

Amend the bill by replacing section 3 with the following:

3 Membership.

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

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

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

(c) Three public members, appointed by the governor.

(d) The executive director of the New Hampshire Municipal Association, or designee.

(e) The executive director of the New Hampshire Home Builders Association, or designee.

(f) The executive director of the office of state planning, or designee.

(g) The executive director of the New Hampshire housing finance authority, or designee.

(h) The executive director of the New Hampshire Realtors Association, or designee.

(i) The chair of a town board of selectmen, appointed by the senate president.

(j) The executive director of a community-based, non-profit housing developer, appointed by the governor.

(k) The president of the New Hampshire Manufactured Housing Association, or designee.

(l) A professional planner from a regional planning commission, appointed by the speaker of the house.

(m) The president of the New Hampshire community loan fund, or designee.

(n) The president of the New Hampshire Property Owners Association, or designee.

(o) The mayor of a city or designee, appointed by the senate president.

(p) The commissioner of the department of health and human services, or designee.

(q) A town selectman, or designee, appointed by the senate president.

(r) A president of a local chamber of commerce, or designee, appointed by the governor.

Senate Executive Departments and Administration

February 20, 2001

2001-0187s

01/10

Amend the bill by replacing section 2 with the following:

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

Senate Executive Departments and Administration

February 21, 2001

2001-0227s

10/01

Amend paragraph I of section 1 of the bill by replacing it with the following:

I. As of January 1, 2001, all group II permanent firemen beneficiaries of the New Hampshire retirement system or its predecessor systems who retired on or before July 1, 1994, and who are receiving retirement allowances according to RSA 100-A or RSA 102 shall receive a supplemental allowance of 5 percent.

Senate Judiciary

February 14, 2001

2001-0149s

01/03

Amend RSA 553:32, III as inserted by section 1 of the bill by replacing it with the following:

III.(a) A motion for summary administration shall contain a statement of the administrator under oath that:

(1) The estate of the decedent has been open for at least 6 months.

(2) To the best of the knowledge and belief of the administrator there are no outstanding debts, obligations, or unpaid or unresolved claims attributable to the deceased’s estate.

(3) No New Hampshire estate or inheritance taxes are due, or all applicable New Hampshire estate and inheritance taxes have been paid, and a certificate from the department of revenue administration under RSA 86:32 has been filed with the court.

(4) No federal estate tax is due, or the federal estate tax return has been filed and all taxes reported thereon have been paid.

(5) Court supervision of the administration of the estate is no longer necessary.

(6) The administration of the estate will be completed without further court supervision in accordance with the decedent’s will and applicable law.

(b) The administrator shall attach to the motion either receipts or assents from all specific legatees, and assents from all other persons beneficially interested, as defined in RSA 550:12. The assents shall state that the beneficially interested person:

(1) Agrees that further court supervision of the administration of the estate is no longer necessary;

(2) Does not request a final accounting; and

(3) Requests that the motion for summary administration be granted.

Senate Judiciary

February 14, 2001

2001-0151s

01/04

Amend RSA 553:31, IV as inserted by section 2 of the bill by replacing it with the following:

IV. An executor or voluntary administrator appointed under this section shall file a statement of administration, and the estate shall be closed, no earlier than [90] 60 days, nor later than [6 months] 90 days, from the date of the probate court’s approval of the original [affidavit] petition unless, upon [petition] motion and good cause shown, the court grants an extension of further time for completion of administration. An executor or voluntary administrator shall file a statement of administration within 90 days after the required filing date, or be in default. The register of probate shall give notice of the default to the executor or voluntary administrator by first class mail within 10 days of the default. The register of probate shall issue a citation notice in accordance with RSA 548:5-a. The statement of administration shall set forth all assets and income received and all disbursements and expenditures made during the course of administration. The executor or voluntary administrator shall distribute any balance in hand to legatees or heirs after receiving approval by the court.

Senate Judiciary

February 14, 2001

2001-0152s

10/09

Amend RSA 329:25-b as inserted by section 2 of the bill by replacing it with the following:

329:25-b Physician Immunity Regarding Reports of Patient Fitness to Drive. Persons authorized to practice medicine under this chapter or under the laws of any other state who make reports to the department of safety regarding a patient under their care whom they have reasonable cause to believe, in good faith, to be physically or mentally unfit to operate a motor vehicle, meaning that the patient’s operation of a motor vehicle poses an immediate threat to the safety or well being of themselves or others, shall be immune from any civil or criminal liability that might otherwise result by reason of their actions.

Amend RSA 329:26, II(c) as inserted by section 3 of the bill by replacing it with the following:

(c) The release of information to the department of safety regarding a patient whom the treating physician has reasonable cause to believe, in good faith, to be physically or mentally unfit to operate a motor vehicle, meaning that the patient’s operation of a motor vehicle poses an immediate damage to the safety or well being of themselves or others. The use and disclosure of such information shall be limited to official proceedings or actions of the department of safety.

Wildlife and Recreation

February 16, 2001

2001-0178s

09/01

Amend RSA 216-I:1, II as inserted by section 1 of the bill by replacing it with the following:

II. "Campsite" means a parcel of land [used] in a recreational campground or camping park rented for the placement of a tent, recreational vehicle, or a recreational camping cabin for the overnight use of its occupants.

2001-0178s

AMENDED ANALYSIS

This bill amends the definition of "campsite" to mean a parcel of land in a recreational campground or camping park rented for the placement of a tent, recreational vehicle, or a recreational camping cabin for the overnight use of its occupants.

ENERGY & ECONOMIC DEVELOPMENT, Room 102, LOB

PUBLIC AFFAIRS, Room 105-A, SH

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

TRANSPORTATION, Room 104, LOB

EXECUTIVE DEPARTMENTS & ADMINISTRATION, Room 104, LOB

INSURANCE, Room 101, LOB

JUDICIARY, Room 103, LOB

JUDICIARY, Room 103, LOB

NH DEPARTMENT OF TRANSPORTATION (Statewide Rail Plan) Room 201, LOB

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

GOVERNORS COMMISSION ON ALCOHOL & DRUG ABUSE Room 201, LOB

NH DEPARTMENT OF TRANSPORTATION (Skyhaven Airport Master Plan) Skyhaven Airport, 238 Rochester Hill Road, Rochester, NH

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

NH DEPARTMENT OF TRANSPORTATION (Seabrook 12888, Begins on NH 286 at Mass state line and the B&M Rail Line) City Hall, 99 Lafayette Road, Seabrook, NH

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

PUBLIC HEALTH & ENVIRONMENT RELATIONSHIP COMMISSION (HB 1390, Chapter 114, Laws of 2000) Room 208, LOB

DEVELOPMENTAL DISABILITY WAITLIST FUND ALLOCATION OVERSIGHT COMMITTEE (RSA 171-A:1-b) Room 205, LOB

POSTSECONDARY EDUCATION AND TEMPORARY ASSISTANCE RECIPIENTS RELATIONSHIP COMMISSION (SB 313, Chapter 122:2, Laws of 2000) Room 207, LOB

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

NH DEPARTMENT OF TRANSPORTATION (Troy-Swanzey 13593 NH 12 @ Flat Root Mill Rd. in Swanzey, proceeds south to Railroad Bridge. Involves reclaiming NH Route 12, guardrail and misc. drainage work.) Troy Elementary School, 44 School Street, Troy, NH

WATER WITHDRAWALS ON INSTREAM FLOWS (SB 330, Chapter 242, Laws of 2000) Room 305-307, LOB

LEGISLATIVE PERFORMANCE AUDIT AND OVERSIGHT COMMITTEE Room 103, SH

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

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

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

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

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

EXCAVATING AND DREDGING PERMITS APPLICATION AND APPEAL PROCEDURE (HB 1127, Chapter 86, Laws of 2000) Room 303, LOB

NH DEPARTMENT OF TRANSPORTATION (Franklin 12938, Reconstruction of existing pavement and addition of 1.2 m (4ft) shoulders on NH Route 11) City Hall, City Council Chambers, 316 Central Avenue, Franklin, NH

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

KIDS CABINET MEETING Governor and Council Chambers

INTERBRANCH CRIMINAL & JUVENILE JUSTICE COUNCIL Room 204, LOB

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

NH DEPARTMENT OF TRANSPORTATION (Wilton-Milford 13292, Reconstruction of existing pavement on NH 101 at the intersection of NH 31 south in Wilton proceeds 3 miles to the RR Cross in Milford) Banquet Room, Milford Town Hall, 1 Union Square Milford, NH

NH DEPARTMENT OF TRANSPORTATION (Tamworth 13609 Project begins on NH 25 at Lords Hill Road and proceeds easterly approx. 3 1/4 to the Ossipee Town Line) Selectmen's Office, 84 Main Street, Tamworth, NH

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

NH DEPARTMENT OF TRANSPORTATION (Pelham 12867, Project begins on NH 38 at the Mass state line, proceeds north 3 miles. Reclaiming guardrail replacement miscellaneous drainage and signal work on NH 38/Bridge Street, NH 38/Main Street/Old Gage Hill Road.) Pelham Town Hall 2^nd floor, 6 Main Street, Pelham, NH

NH DEPARTMENT OF TRANSPORTATION (Pembroke-Allenstown 12978 Replacement of Main St. bridge over Suncook River and Associated Roadway Reconstruction) Pembroke Town Hall, 311 Pembroke Street Pembroke, NH

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

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

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

Senator Sylvia B. Larsen

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Senator Robert B. Flanders

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Senator Lou D’Allesandro

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Friday, December 22, 2000, The Office of Legislative Services shall not draft a Senate bill or resolution, other than the general appropriations (budget) bill or the capital budget bill, unless a request by a member for drafting with complete information has been received not later than 3:00 p.m. on Friday, December 22, 2000.

Friday, January 19, 2001, Every Senate bill and joint resolution, except the general appropriations (budget) bill or the capital budget bill, must be signed off in Legislative Services by 5:00 p.m. on Friday, January 19, 2001.

Monday, February 26, 2001 - March 2, 2001 Senate Vacation Break

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 February 2001. These listings will replace individual notifications in an effort to reduce paper usage and to ensure all members will be notified in a timely manner. Our schedule is tightly booked for the remainder of the school year. Please contact the Visitors’ Center concerning school tour booking information. Thank you for your continued participation with your School Visitation Program.

Kenneth Leidner, Director