February 15, 2002

No. 12A

 

STATE OF NEW HAMPSHIRE

 

 

 

 

 

Legislative

SENATE CALENDAR

ADDENDUM

VETO MESSAGE, REPORTS, AMENDMENTS, HEARINGS, MEETINGS & NOTICES

 

 

 

 

 

 

 

 

 

 

THE SENATE WILL MEET IN SESSION ON WEDNESDAY, FEBRUARY 20, 2002 AT 10:15 A.M.

VETO MESSAGE

February 7, 2002

To the Honorable Members of the General Court:

By the authority vested in me as Governor of New Hampshire, pursuant to Part II, Article 44 of the Constitution of New Hampshire, I have this day vetoed Senate Bill 141, an Act relative to proof of qualifications for voter registration.

The right to vote is a fundamental right. Restrictions should be placed on that right if, and only if, there is a compelling need. S.B. 141, which is identical to legislation I vetoed last year, does not meet that test.

While the proponents of S.B. 141 say the purpose of this legislation is to protect our elections from fraud, there is no evidence that voter fraud is a problem in New Hampshire. That is, in large part, because our laws already provide protection from voter fraud. Our statutory requirement that the checklists be purged on a regular basis prevents "graveyard" voting. Our laws permit any voter to challenge the identity and eligibility of any other voter, with any so challenged voter required to sign an affidavit under penalty of perjury before being permitted to vote. Moreover, anyone registering to vote on election day is required to sign a form swearing, under penalty of perjury, that he or she is a qualified voter.

In order to be eligible to vote in New Hampshire, one must be a citizen of the United States, be 18 years of age or older, and be domiciled where he or she intends to vote. Under current New Hampshire law, supervisors of the checklist and town or city clerks may ask an applicant to provide proof of citizenship, age and domicile. If Senate Bill 141 became law, voting registration officials would be required to demand this proof.

S.B. 141 would have the effect of discouraging eligible voters from exercising their right to vote. Not all voters carry proof of their age with them, and in our country, few citizens carry proof of their citizenship. No discretion is given to supervisors of the checklist and town and city clerks under S.B. 141. No matter how well the supervisor of the checklist or town or city clerk knows the voter, he or she must still demand proof of age and citizenship. This would potentially cause lengthy delays for all voters.

While New Hampshire's voter turnout percentage compares well with the rest of the country, it is troubling that one-third of our registered voters did not exercise their franchise in the 2000 general election, an election to choose the President of the United States. Rather than erecting new barriers to voting, lawmakers should instead investigate

 

why so many of our fellow citizens do not vote and develop public policy to encourage every eligible citizen to exercise this precious and fundamental right.

For all of the above reasons, I am today vetoing Senate Bill 141.

Respectfully submitted,

 

 

Jeanne Shaheen Governor

LAID ON THE TABLE

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.

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

SB 87, relative to permissible campaign contributions by business organizations and labor unions.

SB 105, relative to instream flow plan requirements.

SB 112, relative to voter registration forms.

SB 146, relative to personal watercraft.

SB 173-FN-A, creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the university system of New Hampshire or any of its component institutions.

SB 187-FN, requiring the state to pay for an independent appraiser in eminent domain proceedings.

SB 325, establishing a committee to study the use of state vehicles.

SB 335, relative to prohibited political contributions.

SB 336, relative to political contributions.

SB 340, relative to alterations to party registration.

SB 382, relative to display of flags on condominium units.

SB 391-FN, relative to appeals from the compensation appeals board.

SB 407-FN, requiring restroom facilities in certain state buildings.

SB 428, changing the name of the joint committee on legislative facilities and codifying the powers and duties of the committee.

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

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

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

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

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

HB 679, establishing a commission to examine models of out-of-school care for children in kindergarten through grade 12.

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.

SPECIAL ORDER

10:23 a.m.

WILDLIFE & RECREATION

HB 1110, relative to the sale of ferrets. Vote 5-0

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

 

REPORTS

BANKS

SB 302, relative to privacy in the relationship between financial institutions and customers. Vote 4-0

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

SB 370, relative to incorporators of trust companies. Vote 4-0

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

SB 404, changing certain limitations on investment management fees and investments by banks acting as fiduciaries. Vote 3-1

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

EDUCATION

SB 321-L, clarifying the right to public education for children of homeless families. Vote 5-0

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

SB 349, relative to establishing a contingency fund in school districts. Vote 5-0

Inexpedient to Legislate, Senator O'Hearn for the committee.

SB 354, authorizing foster parents to act as surrogate parents for educationally disabled children. Vote 5-0

Ought to Pass, Senator Gordon for the committee.

SB 387, relative to the adoption of certain contracts by school districts. Vote 4-1

Inexpedient to Legislate, Senator O'Hearn for the committee.

SB 424-FN-A, relative to instructional and operational costs of providing an adequate education. Vote 3-2

Interim Study, Senator O'Hearn for the committee.

SB 426, relative to the use of force by persons entrusted with the care of minors in child care settings. Vote 5-0

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

SB 429, relative to the community technical college system. Vote 5-0

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

EXECUTIVE DEPARTMENTS & ADMINISTRATION

SB 334, relative to grounds for refusal or denial of hotel accommodations. Vote 4-0

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

SB 345, making the misrepresentation of the geographic location of a business a violation of the consumer protection act. Vote 4-1

Ought to Pass, Senator Larsen for the committee.

SB 381, relative to the employee benefits of employees of the Pease Development authority. Vote 4-0

Ought to Pass, Senator Larsen for the committee.

SB 384, establishing a worker adjustment and retraining notification requirement. Vote 2-1

Inexpedient to Legislate, Senator Prescott for the committee.

SB 389, establishing levels of licensure of alcohol and drug counselors. Vote 3-1

Inexpedient to Legislate, Senator Prescott for the committee.

SB 412, relative to the licensure of dietitians. Vote 4-0

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

FINANCE

SB 140-FN-L, relative to the formula for free and reduced-price lunches. Vote 6-0

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

SB 309-FN, ( New Title ) relative to payment of medical benefits costs for disabled group II permanent firemen members of the retirement system. Vote 6-0

Ought to Pass, Senator Hollingworth for the committee.

SB 314-FN, relative to Selective Service Act Compliance through driver's license applications. Vote 6-0

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

SB 315-FN, (New Title) relative to requiring payment of a club assistance program fee by persons registering snow traveling vehicles who are not members of an organized snowmobile club. Vote 6-0

Ought to Pass, Senator Eaton for the committee.

SB 332-FN, ( New Title ) relative to the payment of medical benefits costs for certain group II permanent firemen members injured or killed in the performance of duty. Vote 7-0

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

SB 343-FN, relative to appeals in actions against tenants.

MAJORITY REPORT: Inexpedient to Legislate, Senator Barnes for the committee. Vote 4-3

MINORITY REPORT: Ought to Pass, Senator Below for the committee. Vote 3-4

SB 360-FN, establishing criminal penalties for the introduction of computer contaminants.

Vote 6-0

Ought to Pass, Senator Hollingworth for the committee.

SB 371-FN, relative to the regulation of manufactured housing parks. Vote 6-0

Ought to Pass, Senator Hollingworth for the committee.

SB 372, prohibiting the sale of reformulated gasoline in certain counties of the state. Vote 7-0

Ought to Pass, Senator Larsen for the committee.

SB 396-FN, relative to group II retirement status for criminalists employed by the department of safety. Vote6-0

Ought to Pass, Senator Eaton for the committee.

SB 401-FN-A, relative to long-term care funding and making an appropriation therefor. Vote 6-0

Ought to Pass, Senator Barnes for the committee. SB 402-FN-A, establishing a committee to study long-term care funding and making an appropriation therefor. Vote 4-2

Ought to Pass, Senator Boyce for the committee.

SB 418-FN, relative to unemployment compensation. Vote 6-1

Ought to Pass, Senator Hollingworth for the committee.

SB 420-FN-A, making an appropriation for the purpose of hiring a recreational ride and lift investigator. Vote 6-0

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

SB 422-FN, relative to the insurance laws. Vote 4-2

Ought to Pass, Senator Hollingworth for the committee.

SB 423-FN-A, relative to fees collected by the department of safety and certificates of title.

Vote 6-0

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

SB 427-FN-A, revising the career incentive program within the postsecondary education commission. Vote 4-1

Inexpedient to Legislate, Senator Boyce for the committee.

HB 285-FN-L, relative to the adoption of a state building code. Vote 5-0

Ought to Pass, Senator Eaton for the committee.

HB 1411-FN-A, (2nd New Title) making an appropriation to the judicial branch for district and probate court security. Vote 5-0

Ought to Pass, Senator Barnes for the committee.

JUDICIARY

CACR 33, relating to procedure for nomination of judges. Providing that the governor shall nominate judges from persons selected by an independent commission. Vote 4-0

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

SB 307, relative to limitation of liability for dentists and dental hygienists working in free dental clinics. Vote 4-0

Interim Study, Senator Pignatelli for the committee.

SB 310, relative to child custody. Vote 3-1

Inexpedient to Legislate, Senator Gordon for the committee.

SB 333, establishing a committee to study the efficiency of the current jury selection and jury duty process. Vote 4-0

Inexpedient to Legislate, Senator Fernald for the committee.

SB 337, relative to consent orders in abuse and neglect cases. Vote 4-0

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

SB 338, relative to ex parte orders in domestic relations cases. Vote 4-0

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

SB 339, relative to attorney fee agreements which shall be filed with a court. Vote 4-0

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

SB 376-FN, requiring a mental health records check prior to the sale or transfer of a firearm. Vote 4-0

Interim Study, Senator Pignatelli for the committee.

SB 408, governing records management of abuse or neglect reports. Vote 5-0

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

SB 409, relative to the length of time reports of child abuse and neglect are maintained in the state's central registry. Vote 4-0

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

SB 415, relative to the severing of joint tenancies in property by divorce. Vote 4-0

Ought to Pass, Senator Gordon for the committee.

PUBLIC AFFAIRS

SB 300, relative to the adoption of bonds or notes in certain school districts and municipalities.

SPLIT REPORT: Ought to Pass, Senator Roberge for the committee. Vote 2-2

SPLIT REPORT: Inexpedient to Legislate, Senator O'Neil for the committee. Vote 2-2

SB 431, relative to political expenditure limitations.

SPLIT REPORT: Ought to Pass, Senator Francoeur for the committee. Vote 2-2

SPLIT REPORT: Inexpedient to Legislate, Senator Disnard for the committee. Vote 2-2

PUBLIC INSTITUTIONS, HEALTH & HUMAN SERVICES

SB 358, relative to the authority to assess administrative fines to ophthalmic dispensers..

Vote 3-0

Ought to Pass, Senator McCarley for the committee.

SB 393, relative to expiration of contact lens and corrective lens prescriptions Vote 3-0

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

TRANSPORTATION

SB 403-FN, relative to special motorcycle number plates for veterans who were awarded the purple heart medal. Vote 5-0

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

SB 416, relative to motor vehicles operated in parades. Vote 5-0

Inexpedient to Legislate, Senator Eaton for the committee.

WAYS & MEANS

SB 344-FN, relative to thoroughbred horse racing.

SPLIT REPORT: Ought to pass with amendment, Senator Barnes for the committee. Vote 2-2

SPLIT REPORT: Inexpedient to Legislate, Senator D'Allesandro for the committee. Vote 2-2

SB 348, clarifying the duties of the liquor commission. Vote 4-1

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

SB 377-FN-A-L, repealing the education property tax. Vote 4-0

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

SB 388, relative to bingo game operation. Vote 4-1

Ought to Pass, Senator Eaton for the committee.

SB 417, establishing a commission to analyze the New Hampshire tax structure.

MAJORITY REPORT: Inexpedient to Legislate, Senator Barnes for the committee. Vote 3-2

MINORITY REPORT: Ought to Pass, Senator Hollingworth for the committee. Vote 2-3

SB 430, allowing towns or cities to increase the property tax credit for service-connected total disability. Vote 5-0

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

WILDLIFE & RECREATION

SB 406, relative to animal control. Vote 3-0

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

SB 434, establishing the duties of the fish and game commission. Vote 3-0

Ought to Pass, Senator Disnard for the committee.

AMENDMENTS

Banks

February 19, 2002

2002-2725s

08/10

 

 

Amendment to SB 302

 

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

1 Disclosure of Records. Amend RSA 359-C:5, II-a to read as follows:

II-a. This section is not intended to prevent a financial institution from disclosing to the county attorney or designee or the attorney general the financial or credit records of a customer or any other person or the information contained therein when the director, officer, employee, or agent of the financial institution has reasonable cause to believe the customer or other person is utilizing the services of the institution to defraud the institution or any other person.

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

2002-2725s

AMENDED ANALYSIS

This bill adds non-customers to the statute relating to disclosure of financial records involving defrauding financial institutions.

 

 

Banks

February 19, 2002

2002-2738s

10/03

 

 

Amendment to SB 370

 

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

AN ACT removing an exemption to a limitation on service by a trustee, director, or officer at more than one financial institution.

Amend the bill by deleting section 1 and renumbering the original sections 2 and 3 to read as 1 and 2, respectively.

2002-2738s

AMENDED ANALYSIS

This bill removes an exemption from limitation on service for persons serving as a trustee, director, or officer at more than one financial institution.

 

 

Banks

February 19, 2002

2002-2724s

08/10

 

 

Amendment to SB 404

 

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

1 Fiduciary Presumption Against Conflict of Interest; Compensation for Investment Advisory Fees, Commissions, and Other Fees. RSA 384:65, III is repealed and reenacted to read as follows:

III. A bank, acting as a fiduciary pursuant to RSA 384:65, I, may:

(a) Invest in the securities of an investment company or investment trust, to which such fiduciary or its affiliate provides services in a capacity other than as trustee, such as advisor, distributor, transfer agent, registrar, sponsor, manager, shareholder servicing agent, administrator, or custodian, and such investment is not presumed to be affected by a conflict between personal and fiduciary interests if the investment complies with the prudent investor standard pursuant to RSA 564-A:3-b.

(b) Be compensated by the investment company or investment trust for providing services in a capacity other than as trustee, such as advisor, distributor, transfer agent, registrar, sponsor, manager, shareholder servicing agent, administrator, or custodian, if the fiduciary at least annually notifies the person or persons to whom it sends account statements of the rate and method by which the compensation was determined.

2 Purchase of the Bonds or Securities of a Fiduciary Bank; Prohibited Unless Expressly Authorized. Amend RSA 384:65, V to read as follows:

V. Notwithstanding paragraphs I-IV, no bank authorized to exercise trust powers in this state which is acting as a fiduciary shall purchase for the fiduciary estate any [bond or other] fixed income or equity security issued by such bank or an affiliate thereof, unless the bank is expressly authorized to do so by the terms of the instrument creating the trust, a court order, the written consent of the grantor of the trust, or the written consent of the beneficiaries of the trust.

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

2002-2724s

AMENDED ANALYSIS

This bill:

I. Clarifies that the prudent investor standard allows a bank, acting in a fiduciary capacity as trustee, to invest trust assets in the securities of an investment company or investment trust for which the bank or its affiliate provides certain services.

II. Removes the requirement that banks deduct certain fees they receive from investment companies or investment trusts into which the bank invests trust assets, from the fees or commissions that they charge to a trust which they supervise as trustee, and allows banks to receive a fee from an investment company or investment trust to which the bank provides certain services, subject to the requirement that it notify the person who receives account statements as to how the fee is determined.

III. Limits the requirement that a bank have express written consent from the trust instrument, the court, the grantor, or the trust beneficiaries before it may purchase, for trusts which it controls as trustee, any mutual fund or pooled security instrument issued by the bank or its affiliate.

 

 

 

Senate Education

February 15, 2002

2002-2689s

04/10

 

 

Amendment to SB 321-LOCAL

 

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

1 Pupils; Legal Residence of Homeless Children. RSA 193:12, IV is repealed and reenacted to read as follows:

IV.(a) The term "homeless children and youths" means individuals who lack a fixed, regular, and adequate nighttime residence, and shall include the following:

(1) Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement.

(2) Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.

(3) Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.

(4) Migratory children, as defined in 20 U.S.C. 6399, who qualify as homeless because such children are living in circumstances as described in subparagraphs (a)-(c).

(b) The commissioner of the department of education shall decide disputed residency issues relative to homeless children and youths under this paragraph. No school district shall deny a homeless child or youth attendance. No school districts shall deny implementation of an existing individual education plan. A superintendent who denies attendance to any child under this paragraph shall provide written notice of the denial to the parent or legal guardian of such child including an explanation of the reason or reasons for such denial. The notice shall also include a statement notifying the parent or legal guardian of their right to appeal to the commissioner of the department of education. A homeless child or youth shall remain in attendance in the pupil’s current school during the pendency of a determination of residency. Notwithstanding the provisions of RSA 21-N:11, III any person aggrieved by a determination of the commissioner may appeal such determination to a court of competent jurisdiction.

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

2002-2689s

AMENDED ANALYSIS

This bill changes the definition of legal residency for homeless children and youths and provides that disputes regarding residency shall be resolved by the commissioner of the department of education.

 

 

Senate Education

February 15, 2002

2002-2688s

04/09

 

 

Amendment to SB 429

 

Amend RSA 188-F:5, II-a as inserted by section 4 of the bill by replacing it with the following:

II-a. The commissioner shall nominate [for appointment by] with the approval and confirmation of the board of trustees, an unclassified director of [financial management] administration. The director shall serve at the pleasure of the board of trustees. The director shall be qualified to hold that position by reason of education and experience and shall report to the commissioner. The director shall be responsible for leadership and supervision of the following functions:

(a) Human resources, employee relations, and payroll.

(b) Accounts payable, including purchasing.

(c) Accounts receivable, including tuition and student fees.

(d) Financial analyses and financial control, including budget development and expenditure management.

(e) Financial management of grants and development funds.

(f) Computer support services for financial and student management.

Amend the bill by inserting after section 5 the following and renumbering the original sections 6-7 to read as 10-11, respectively:

6 Regional Community-Technical Colleges; Board of Trustees. Amend the introductory paragraph of RSA 188-F:3-a, I to read as follows:

I. The governance of the regional community-technical colleges shall be vested in a board of trustees which shall consist of [25 members comprised as follows] the following members:

7 New Subparagraphs; Regional Community-Technical Colleges; Board of Trustee Membership. Amend RSA 188-F:3-a, I by inserting after subparagraph (k) the following new subparagraphs:

(l) One member from the house of representatives, appointed by the speaker of the house.

(m) One member from the senate, appointed by the president of the senate.

8 Regional Community-Technical Colleges; Board of Trustees. Amend RSA 188-F:3-a, II to read as follows:

II.(a) [All] The members set forth in subparagraphs I(a)-I(k), except for student members, shall be appointed by the governor and council.

(b) The terms of office of appointed and elected members, except the student members, shall be 4 years unless otherwise specified in this section. The terms of the elected members shall end on June 30 except that the term of the student members shall end on May 31.

(c) The term of the legislative members shall be coterminous with their terms as members of the general court. No legislative member shall serve more than 4 years. Legislative members shall receive no compensation, but shall receive mileage at the legislative rate while attending to the duties of the board of trustees.

[(c)] (d) Each member, except the student members, shall hold office until a successor is appointed and qualified. The appointment of successors for the filling of vacancies for unexpired terms shall be by appointment or election in the same manner as the original appointment.

[(d)] (e) Nine of the voting members shall constitute a quorum required to transact official business.

9 Regional Community-Technical Colleges; Operation of Board of Trustees. Amend RSA 188-F:3-b, VII to read as follows:

VII. Except for the governor of the state, and except as provided in RSA 188-F:3-a, I(l)-(m), no person who holds elected public office shall serve on the board.

2002-2688s

AMENDED ANALYSIS

This bill authorizes the board of trustees to appoint and fix the compensation of the commissioner, deputy commissioner, director of administration, and presidents of the community-technical college system and amends the duties of the board of trustees of the community-technical college system. The bill also adds a member of the house of representatives and a member of the senate to the board of trustees for the regional community-technical colleges.

 

 

Senate Executive Departments and Administration

February 14, 2002

2002-2644s

05/04

 

 

Amendment to SB 334

 

Amend the bill by replacing section 1 with the following:

1 New Section; Hotels, Tourist Cabins, Etc.; Refusal or Denial of Accommodations. Amend RSA 353 by inserting after section 3-b the following new section:

353:3-bb Refusal or Denial of Accommodations.

I. A hotel keeper, including any person keeping public lodging houses, tourist camps, or cabins, may refuse or deny any accommodations, facilities or privileges of a hotel, lodging house, or campground to or may eject from the hotel, lodging house, or campground premises:

(a) Any person who is unwilling or unable to pay for accommodations and services of the hotel, lodging house, or campground. The hotel keeper may require the prospective guest to demonstrate the ability to pay by cash, valid credit card, or a validated check.

(b) Any person who is unwilling or unable to provide a valid credit card number or reasonable cash deposit to cover the guest room or campground site costs, taxes, charges by the guest, and any damages to the guest room or its furnishings or to the campground site caused by the guest. Any cash deposit provided shall be refunded to the extent not used to cover any charges or damages as determined by the hotel keeper, following room or campground site inspection at check-out.

(c) Any person under the age of 18 who does not present a signed notification from a parent that the parent accepts liability of the guest room or campground site costs, taxes, all charges by the guest, and any damages to the hotel, lodging house, campground, guest room, or its furnishings or to the campground site caused by the minor guest while at the hotel, lodging house, or campground to the extent that such costs, taxes, damages, or charges exceed the amount of cash or credit card deposit already provided by the guest.

(d) Any person or persons, if admitting that person or those persons would cause the limit on the number of persons who may occupy any particular guest room in the hotel or lodging house or a site in the campground to be exceeded. For purposes of this subparagraph, the limit represents the number permitted by local ordinances or reasonable standards of the hotel, lodging house, or campground relating to health, safety, or sanitation.

(e) Any person who:

(1) Disturbs, threatens, or endangers other guests;

(2) Is less than 21 years of age and possesses or uses alcohol;

(3) Possesses or uses illegal drugs; or

(4) Violates any rule of the hotel, lodging house, or campground that is posted in a conspicuous place and manner at the guest registration desk and in each guest room.

II. Nothing in this section authorizes any hotel keeper to violate the state law against discrimination, RSA 354-A.

Amend the bill by replacing section 3 with the following:

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

 

 

Senate Executive Departments and Administration

February 15, 2002

2002-2673s

08/09

 

 

Amendment to SB 412

 

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

1 New Section; Licensed Dietitians; Exception to Requirements for Licensure. Amend RSA 326-H by inserting after section 12 the following new section:

326-H:12-a Exception of Requirements for Licensure. An applicant for licensure as a dietitian under this chapter who was registered as a dietitian with the Commission on Dietetic Registration on or before December 31, 2000, shall be deemed to have met the requirements for licensure under RSA 326-H:12, I, II and III.

2 Licensed Dietitians; Requirements for Licensure. Amend RSA 326-H:12, I to read as follows:

I. Hold a baccalaureate or higher degree [from a regionally accredited college or university in the United States and have completed] with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, public health nutrition, or food systems management;

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

2002-2673s

AMENDED ANALYSIS

This bill adds an exception to the license requirement for dietitians who were registered with the National Commission on Dietetic Registration on or before December 31, 2000.

 

 

Senate Finance

February 19, 2002

2002-2775s

04/10

 

 

Amendment to SB 140-FN-LOCAL

 

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:

2 Applicability. The provisions of this act shall apply to adequate education grant calculations made for the fiscal year beginning July 1, 2003 and every fiscal year thereafter.

 

Senate Finance

February 19, 2002

2002-2766s

03/10

 

 

Amendment to SB 314-FN

 

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

3 Appropriation; Selective Service Compliance. The sum of $1 is hereby appropriated for the biennium ending June 30, 2003, for the purposes of this act. Said appropriation shall be a charge against the highway fund.

 

 

Senate Finance

February 19, 2002

2002-2761s

10/04

Amendment to SB 332-FN

 

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

AN ACT relative to the payment of medical benefits costs for certain group II permanent firemen members injured in the performance of duty.

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

1 New Subparagraph; Group II; Payment of Medical Benefits; Permanent Firemen Disability Retirees. Amend RSA 100-A:52, I by inserting after subparagraph (g) the following new subparagraph:

(h) Any person retired as a group II permanent firemen member on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty, and the spouse and dependent children of such person until each child attains 18 years of age or attains 23 years of age if attending school on a full-time basis.

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

2002-2761s

AMENDED ANALYSIS

This bill provides for the payment of medical benefits premium costs for certain group II permanent firemen retirement system members on disability retirement, and includes the person’s spouse and dependent children.

 

 

Senate Finance

February 19, 2002

2002-2759s

03/04

 

 

Amendment to SB 420-FN-A

 

Amend the bill by replacing section 2 with the following:

2 Appropriation. The sum of $1 is hereby appropriated for the fiscal year ending June 30, 2003 to the department of safety, division of safety services for the purposes of this act. This appropriation is in addition to any other funds appropriated to the department of safety, division of safety services. The commissioner of safety shall furnish suitable equipment to the recreational ride and lift investigator out of the sum appropriated herein. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

 

 

Senate Finance

February 19, 2002

2002-2765s

03/04

 

 

Amendment to SB 423-FN-A

 

Amend the bill by deleting section 2 and renumbering the original sections 3-11 to read as 2-10, respectively.

Amend the bill by replacing section 9 with the following:

9 Appropriation; Motor Vehicle Inspectors. The sums of $490,000 for the fiscal year ending June 30, 2003 and $830,000 for the fiscal year ending June 30, 2004, are hereby appropriated to the department of safety for the purpose of hiring 10 motor vehicle inspectors for the enforcement duties established in RSA 266:1-a. Said appropriations shall be a charge against the highway fund.

 

 

Senate Judiciary

February 15, 2002

2002-2684s

09/04

 

 

Amendment to CACR 33

 

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

RELATING TO: procedure for nomination of judges.

PROVIDING THAT: the governor shall nominate judges from persons selected by an independent commission whose composition shall be determined by the legislature.

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

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

[Art.] 46. [Nomination and Appointment of Officers; Judicial Commission.] The attorney general and all general and field officers of the militia, shall be nominated and appointed by the governor and council. Every such nomination shall be made at least 10 days prior to such appointment. No appointment shall take place unless a majority of the council agree thereto. Beginning January 1, 2003, all judicial officers shall be nominated and appointed by the governor and council from individuals recommended to the governor by a judicial commission established for the purpose of evaluating the qualifications of judicial candidates. The composition of the commission shall be determined by the legislature, provided that: no member shall be an active or retired judge of any state court; no member shall hold an elected state or county office; and no more than ½ of the membership of the commission shall be members of any one political party.

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

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

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

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

[Art.] 46. [Nomination and Appointment of Officers; Judicial Commission.] The attorney general and all general and field officers of the militia, shall be nominated and appointed by the governor and council. Every such nomination shall be made at least 10 days prior to such appointment. No appointment shall take place unless a majority of the council agree thereto. Beginning January 1, 2003, all judicial officers shall be nominated and appointed by the governor and council from individuals recommended to the governor by a judicial commission established for the purpose of evaluating the qualifications of judicial candidates. The composition of the commission shall be determined by the legislature, provided that: no member shall be an active or retired judge of any state court; no member shall hold an elected state or county office; and no more than ½ of the membership of the commission shall be members of any one political party.

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments proposed by the 2002 General Court" shall be printed in bold type at the top of the ballot.

VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

2002-2684s

AMENDED ANALYSIS

This constitutional amendment concurrent resolution provides that beginning January 1, 2003, the judicial selection process shall be conducted through a judicial commission, whose composition shall be determined by the legislature. The judicial commission shall recommend qualified individuals to the governor and council for appointment as judicial officers.

 

 

Senate Judiciary

February 15, 2002

2002-2697s

05/01

 

 

Amendment to SB 337

 

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

1 Child Protection Act; Consent Order; Finding Not Required. Amend RSA 169-C:17, II to read as follows:

II. A consent order shall not be approved unless the department consents and the child and parents, guardian, or custodian are informed of the consequences of the order by the court and the court determines that the child and parents voluntarily and intelligently consent to the terms and conditions of the order. A consent order under this section may include a finding of abuse or neglect; however, a finding of abuse or neglect shall not be required.

2 Child Protection Act; Dispositional Hearing. Amend the introductory paragraph of RSA 169-C:19 to read as follows:

169-C:19 Dispositional Hearing. The department of health and human services shall provide the court with the costs of the recommended services, placements and programs. If the court finds that a child is abused or neglected or if the court issues a consent order pursuant to RSA 169-C:17, II, the court may order the following disposition:

3 Effective Date. This act shall take effect January 1, 2003.

 

 

Senate Judiciary

February 15, 2002

2002-2698s

05/10

 

 

Amendment to SB 338

 

Amend RSA 458:16, II (a) as inserted by section 1 of the bill by replacing it with the following:

II.(a) Exparte orders may be granted without written or oral notice to the adverse party only if the court finds from specific facts shown by affidavit or by the verified petition, that immediate and irreparable injury, loss, or damage will result to the applicant, the children, or property before the adverse party or attorney can be heard in opposition.

 

 

Senate Judiciary

February 15, 2002

2002-2682s

09/03

 

 

Amendment to SB 339

 

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

AN ACT relative to approval of contingent fee agreements by the courts.

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

1 Contingent Fees. Amend RSA 508:4-e to read as follows:

508:4-e Contingent Fees.

I. Contingent fee agreements between attorney and client shall be governed by Rules of Professional Conduct, Rule 1.5 as it may be amended by the supreme court from time to time and by any other rules regarding fees which are adopted or amended by the court.

II. No attorney shall enter into such a contingent fee arrangement with his or her client without first advising the client of his or her right and affording the client an opportunity to retain the attorney under an arrangement whereby the attorney would be compensated on the basis of the reasonable value of his or her services.

III. [All written contingency fee agreements entered into pursuant to Rule 1.5(c) of the Rules of Professional Conduct shall be filed with the court at the time of the entry of pleadings by the plaintiff's attorney.

IV. At the time of settlement or judgment of any action, all counsel of record will submit to the court a complete review of all fees received for services for said action; and all costs accruing from said action including, but not limited to, fees paid to expert witnesses.] All fees for actions, resulting in settlement or judgment of [$200,000] $300,000 or more, shall be subject to approval by the court.

2 Effective Date. This act shall take effect January 1, 2003.

2002-2682s

AMENDED ANALYSIS

This bill removes a requirement that attorneys file written contingency agreements and reviews of fees received with the court. The bill requires attorneys’ fees in actions resulting in settlement or judgment of more than $300,000 to be approved by the courts.

 

 

Senate Judiciary

February 12, 2002

2002-2695s

05/10

 

 

Amendment to SB 408

 

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

1 New Section; Child Protection Act; Reporting Law; Records Management of Abuse and Neglect Reports. Amend RSA 169-C by inserting after section 35 the following new section:

169-C:35-a Records Management of Abuse and Neglect Reports.

I. The department shall retain a screened-out report for one year from the date that the report was screened-out, after which time, the department shall delete or destroy all electronic and paper records of the report. In this section, a "screened-out report" is one which the department has determined does not rise to the level of a credible report of abuse or neglect and is not referred for assessment.

II. The department shall retain an unfounded report for 3 years from the date that the department determined the case to be unfounded, after which time, the department shall delete or destroy all electronic and paper records of the report.

III. The department shall retain a founded report for 7 years from the date that the petitionee has exhausted his or her due process right to appeal the department’s determination to found the report, after which time, the department shall delete or destroy all electronic and paper records of the report.

IV. The provisions of paragraph III, which relate to the destruction of the records of founded reports, shall not apply to cases that remain open with the department in excess of 7 years or to adoption records. Upon the closure of a case which has remained open with the department in excess of 7 years, the department shall delete or destroy all electronic and paper records of the report.

V. Nothing in this section shall prevent the department from retaining generic data required for state and federal reporting and management purposes.

2 Effective Date. This act shall take effect 180 days after its passage.

 

 

Senate Judiciary

February 19, 2002

2002-2714s

05/10

 

 

Amendment to SB 409

 

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

1 Child Protection Act; Central Registry. RSA 169-C:35 is repealed and reenacted to read as follows:

169-C:35 Central Registry.

I. There shall be established a state registry for the purpose of maintaining a record of founded reports of abuse and neglect. The registry shall be confidential and subject to rules on access established by the commissioner of the department under RSA 541-A.

II. Upon receipt by the department of a written request and verified proof of identity, an individual shall be informed by the department whether that individual’s name is listed in the founded reports maintained in the central registry. It shall be unlawful for any employer other than those specified in RSA 170-E and RSA 170-G:8-c to require as a condition of employment that the employee submit his or her name for review against the central registry of founded reports of abuse and neglect. Any violation of this provision shall be punishable as a violation.

III. Founded reports of abuse and neglect shall be retained for a period of 7 years subject to an individuals’ right to petition for the earlier removal of his or her name from the central registry as provided in this section.

IV. Any individual whose name is listed in the founded reports maintained on the central registry may petition the district court to have his or her name expunged from the registry.

(a) A petition to expunge shall be filed in the district court where the abuse and neglect petition was heard. In cases where the department makes a finding but no petition is filed with the court, a petition to expunge shall be filed in the district court where the petition for the abuse and neglect could have been brought.

(b) A petition to expunge shall be filed on forms promulgated by the district courts and may include any information the petitioner deems relevant.

(c) When a petition to expunge is filed, the district court shall require the department to report to the court concerning any additional founded abuse and neglect reports on the petitioner and shall require that the department submit the petitioner’s name, birth date, and address to the state police to obtain information about criminal convictions. The court may require the department to provide any additional information that the court believes may aid it in making a determination on the petition.

(d) Upon the receipt of the department’s report, the court may act on the petition without further hearing or may schedule the matter for hearing at the request of either party. If the court determines that the petitioner does not pose a present threat to the safety of children, the court shall grant the petition and order the department to remove the individual’s name from the central registry. Otherwise, the petition shall be dismissed.

V. When an individual’s name is added to the central registry, the department shall notify individuals of their right to petition to have their name expunged from the central registry. No petition to expunge shall be brought within one year from the date that the petitioner’s name was initially entered on the central registry. If the petition to expunge is denied, no further petition shall be brought more frequently than every 3 years thereafter.

2 Effective Date. This act shall take effect January 1, 2003.

2002-2714s

AMENDED ANALYSIS

This bill requires founded reports of child abuse and neglect to be listed in the central registry and establishes a procedure for individuals to petition to have their names removed from the registry.

This bill is a result of the committee established pursuant to 2001, 99 (SB 123).

 

 

Public Institutions, Health and Human Services

February 19, 2002

2002-2753s

08/10

 

 

Amendment to SB 393

 

Amend the bill by replacing section 1 with the following:

1 Definition; Prescription for Contact Lenses. Amend RSA 327-A:1, IV to read as follows:

IV. "Prescription for contact lenses" means a dated and signed, written direction specifying that it is for contact lenses and which shall include at least the power, size, curvature, color, and material composition of the contact lenses. A prescription for contact lenses may also include, at the prescriber’s professional discretion, other parameters or instructions such as lens manufacturer, prescription expiration date, number of permitted refills, and a statement prohibiting substitutions. Such parameters or instructions shall be honored by a person filling the prescription. Unless otherwise specified by the prescriber for health reasons, a contact lens prescription shall expire one year from the date of issue, however, a prescriber, at his or her discretion, may refill a prescription originally written by the prescriber.

2002-2753s

AMENDED ANALYSIS

This bill allows a contact lens prescriber to refill a contact lens prescription written by the prescriber.

 

 

Senate Transportation

February 19, 2002

2002-2758s

03/09

 

 

 

Amendment to SB 403-FN

 

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

AN ACT relative to special motorcycle number plates for veterans who were awarded the purple heart medal, special motorcycle licenses, and motor vehicle inspectors.

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

1 Department of Safety; Enforcement; Motor Vehicle Inspector Changed to Highway Patrol and Enforcement Officer. Amend RSA 21-P:19 to read as follows:

21-P:19 Enforcement. The provisions of this subdivision and any rules adopted under it shall be enforced anywhere in the state by any state trooper, [motor vehicle inspector] highway patrol and enforcement officer, authorized agent of the commissioner of safety, or by any law enforcement officer within his respective jurisdiction. The officers may detain and inspect any sealed or unsealed vehicle, container, or shipment which contains or which they have reason to believe contains hazardous materials or wastes while in transit or in maintenance facilities or terminals or on other public or private property to ascertain if hazardous materials or wastes are being loaded, unloaded, stored, or transported and to inspect the contents, take samples, and to otherwise insure compliance with the provisions of this subdivision and of all rules adopted under this subdivision. If a seal is opened for inspection, the inspecting officer shall reseal any vehicle, container, or shipment prior to further transportation.

2 Registration of Vehicles; Special Number Plates for Veterans; Veterans Awarded the Purple Heart. Amend RSA 261:86, II to read as follows:

II. Plates furnished pursuant to subparagraphs I(a)-(c) shall be issued without charge. Plates furnished pursuant to subparagraphs I(d) and (e) shall be issued upon payment of the regular registration and number plate fees. Notwithstanding RSA 265:73 or any other law, any person who is issued a plate pursuant to subparagraphs I(c)-(e) shall not be entitled to free parking privileges provided for disabled veterans. Individuals who qualify for special plates for certain veterans shall only be issued one set of plates pursuant to this section, except that a person who qualifies for special plates pursuant to subparagraph I(d) may be issued 2 sets of plates, provided that one set of plates is issued for a motorcycle.

3 Driver’s License Fees; Special Motorcycle License. Amend RSA 263:42 to read as follows:

I. For each youth operator’s or original driver’s license and examination or driver’s license renewal, other than for a commercial vehicle or motorcycle- $50; for each original commercial driver license and examination or commercial driver license renewal- $60; for each commercial driver license reexamination in a one-year period-$20; for each commercial vehicle endorsement, renewal of an endorsement, or removal of a restriction-$10; for each special motorcycle original license and examination or special motorcycle license renewal- $25. For each original driver’s license issued, $5 shall be credited to the driver training fund established by RSA 263:52. Every license shall expire on the licensee’s birthdate in the fifth year following the issuance of such license. No fee collected under this paragraph shall be refunded once an examination has been taken or a license issued, except as provided in RSA 263:43.

4 Equipment of Vehicles; Motor Vehicle Inspectors Changed to Highway Patrol and Enforcement Officers. Amend RSA 266:1-a to read as follows:

266:1-a [Motor Vehicle Inspectors] Highway Patrol and Enforcement Officers.

I. The commissioner of safety shall establish a force of [motor vehicle inspectors] highway patrol and enforcement officers to assist the director in enforcing the motor vehicle inspection laws and rules. A [motor vehicle inspector] highway patrol and enforcement officer appointed by the commissioner pursuant to this section shall have the powers of a peace officer, certified under RSA 188-F:26, and shall have as his or her primary function enforcement duties related to the inspection process, including inspection station auditing, investigation of alleged inspection station malfeasance, rejected vehicle follow-up, and sticker monitoring. A [motor vehicle inspector] highway patrol and enforcement officer appointed under this section shall have the authority to enter any motor vehicle inspection station authorized under RSA 266:1, during the station’s business hours, to fulfill his or her duties, and shall be assigned other enforcement duties as determined by the commissioner.

II. The commissioner shall furnish suitable equipment to a [motor vehicle inspector] highway patrol and enforcement officer, as the commissioner deems necessary, to distinguish the officer as an individual acting in an official capacity. A [motor vehicle inspector] highway patrol and enforcement officer appointed by the commissioner pursuant to this section shall be directly responsible to the director and shall be a classified employee.

5 Effective Date.

I. Section 3 of this act shall take effect July 1, 2002.

II. The remainder of this act shall take effect 60 days after its passage.

2002-2758s

AMENDED ANALYSIS

This bill:

I. Changes the title of motor vehicle inspectors to highway patrol and enforcement officers.

II. Establishes fees for special motorcycle licenses.

III. Allows a person who was awarded a purple heart to be issued 2 sets of special number plates, provided that one set of plates is issued for a motorcycle.

 

 

Senate Ways and Means

February 19, 2002

2002-2771s

08/10

 

 

Amendment to SB 344-FN-LOCAL

 

Amend RSA 284-A:2, IX as inserted by section 1 of the bill by replacing it with the following:

IX. "Racing day" means a day on which there are no fewer than 9 live thoroughbred races run at a licensed facility.

Amend RSA 284-A:3 as inserted by section 1 of the bill by replacing it with the following:

284-A:3 Live Thoroughbred Racing. A licensee shall conduct a minimum of 76 live racing days, consisting of no fewer than 9 live thoroughbred races, except when racing is prevented due to weather, natural or unnatural catastrophe, or any other condition beyond the control of the licensee such as fire, epidemic, breakdown of equipment, or loss of power. If a portion or all of a racing day is canceled, the licensee shall reschedule live racing, unless one of the conditions stated above applies, in order to conduct no fewer than 684 live races during a scheduled racing meet.

Amend RSA 284-A:4 as inserted by section 1 of the bill by replacing it with the following:

284-A:4 Apportionment of Revenue. The following shall be paid to thoroughbred horsemen’s purses:

I. Five and ¼ percent of the gross simulcast handle wagered at or through a licensed facility shall be paid by a licensed facility.

II. Fifty percent of the ITW net revenue from races conducted at a licensed facility shall be paid by a licensed facility.

III. Five percent of the gross handle wagered on simulcast thoroughbred horse races within the state at a facility licensed by the pari-mutuel commission to conduct greyhound racing, shall be paid by said facility.

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

3 Effective Date.

I. RSA 284-A:3 and RSA 284-A:4, I-II as inserted by section 1 of this act shall take effect January 1, 2003.

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

 

 

Senate Ways and Means

February 19, 2002

2002-2772s

10/04

 

 

Amendment to SB 430

 

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

3 Applicability. The provisions of this act shall not affect the tax credit for service connected total disability adopted prior to the effective date of this act by any municipality. A municipality electing to increase the tax credit amount provided by this act shall be required to comply with the procedure for adoption in RSA 72:35-a.

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

 

 

Wildlife and Recreation

February 19, 2002

2002-2742s

08/10

 

 

Amendment to SB 406

 

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

1 Eligibility of Owner of Dog or Cat to Participate. Amend RSA 437-A:3 to read as follows:

437-A:3 Eligibility of Owner of Dog or Cat to Participate.

I. A resident of the state who has adopted a dog or cat from an animal shelter facility, as defined in RSA 437:2, I, shall be eligible to participate in the program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the operation, and such person pays a fee of $30. This fee may be adjusted periodically by the commissioner to reflect changes in the cost of living. The sterilization shall be performed by a participating veterinarian[, and the fee for the operation shall be $25].

II. A resident of the state who owns a dog or cat and who is eligible for one of the following programs shall also be eligible to participate in a reduced fee companion animal population control program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure and such person pays a fee of [$10] $15. This fee may be adjusted periodically by the commissioner to reflect changes in the cost of living:

(a) The Food Stamp Program authorized by Title XIII of the Food and Agriculture Act of 1977 (7 U.S.C. section 2011 et seq.) and RSA 161:2, XIII.

(b) The Supplemental Security Income Program established pursuant to Title XVI of the Social Security Act (42 U.S.C. section 1381 et seq.).

(c) The Aid to Families with Dependent Children Act established pursuant to 42 U.S.C. section 601 et seq. and RSA 161-B.

(d) The aid to the needy blind program established under RSA 161:2, V.

(e) The medicaid program established under RSA 167.

(f) The old age assistance program established under RSA 167.

(g) The aid to the permanently and totally disabled program established under RSA 167.

2 New Paragraph; Rulemaking. Amend RSA 437-A:5 by inserting after paragraph II the following new paragraph:

II-a. The adjustment of the fee under RSA 437-A:3, I or II.

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

2002-2742s

AMENDED ANALYSIS

This bill raises the fee for animal sterilization for animals adopted from animal shelters.

HEARINGS

TUESDAY, FEBRUARY 19, 2002

BANKS, Room 103, LOB

9:00 a.m. EXECUTIVE SESSION ON ALL PENDING LEGISLATION

FINANCE, Room 103, SH

10:00 a.m. SB 198-FN-A, (New Title) establishing a gaming oversight authority, and video lottery gaming.

11:30 a.m. HB 1411-FN-A, (2nd New Title) making an appropriation to the judicial branch for district and probate court security.

EXECUTIVE SESSION ON THE FOLLOWING LEGISLATION

SB 140, SB 309, SB 314, SB 315, SB 332, SB 343, SB 350, SB 360, SB 371, SB 372, SB 396, SB 401, SB 402, SB 418, SB 420, SB 421, SB 422, SB 423, SB 427, HB 285

· PLEASE NOTE THE FOLLOWING HEARINGS HAVE A TIME CHANGE

PUBLIC AFFAIRS, Room 105-A, SH

1:00 p.m. SB 431, relative to political expenditure limitations.

1:30 p.m. HB 137, establishing a committee to study the definition of domicile for voting purposes.

2:00 p.m. HB 266, establishing a committee to study recodificiation of the election laws.

2:30 p.m. HB 424, establishing a committee to study the exemption from property taxes for not-for-profit hospitals.

· PLEASE NOTE HB 658-FN-A, HAS BEEN RESCHEDULED FROM FEBRUARY 12TH

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

1:00 p.m. HB 658-FN-A, (New Title) relative to the homeless prevention fund.

1:20 p.m. HB 1131, establishing a committee to study increasing the number of physicians who are New Hampshire residents.

1:40 p.m. HB 1136, proclaiming February 14 as Congenital Heart Defect Awareness Day.

TRANSPORTATION, Room 104, LOB

8:30 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION

· PLEASE NOTE THE FOLLOWING HEARINGS HAVE A ROOM CHANGE

WAYS & MEANS, Room 105-A, SH

9:00 a.m. SB 344-FN-L, relative to thoroughbred horse racing.

9:30 a.m. SB 430, allowing towns or cities to increase the property tax credit for service-connected total disability.

WILDLIFE & RECREATION, Room 101, LOB

10:15 a.m. SB 434, establishing the duties of the fish and game commission.

WEDNESDAY, MARCH 6, 2002

ENVIRONMENT, Room 104, LOB

8:30 a.m. SB 440, relative to best management practices for water conservation.

9:15 a.m. SB 437-FN-L, relative to the protection of public water supplies during emergency conditions and making certain changes to encourage the formation of regional water systems.

EXECUTIVE SESSION MAY FOLLOW HEARINGS

INSURANCE, Room 101, LOB

9:00 a.m. HB 1142, relative to the advisory council on unemployment compensation.

9:15 a.m. HB 1384, making certain technical changes to the workers' compensation law.

JUDICIARY, Room 102, LOB

10:15 a.m. SB 433, establishing a standardized protocol for interviewing victims of child abuse relative to developing multi-disciplinary team investigations of child abuse and neglect.

10:30 a.m. HB 567, (New Title) extending the reporting date of the commission for the development of a statewide protocol for interviewing victims of sexual assault crimes.

10:45 a.m. SB 435-FN, requiring the supreme court to establish a mental health court pilot program in the Cheshire county district courts.

11:00 a.m. SB 445-FN, relative to a limited right to a jury trial for certain minors prior to commitment to an adult correctional facility.

11:15 a.m. HB 447, (New Title) establishing a task force on family law.

WEDNESDAY, MARCH 13, 2002

JUDICIARY, Room 102, LOB

10:15 a.m. HB 386, relative to the relocation of the principal residence of a child.

10:30 a.m. HB 586, excluding stepchildren from the definition of "child" in the context of support orders.

10:45 a.m. HB 661, relative to hearing timelines in abuse and neglect cases.

11:00 a.m. HB 686, relative to the scope of discovery in abuse and neglect cases.

11:15 a.m. HB 706, (New Title) relative to mediation in superior court cases involving children.

TUESDAY, MARCH 12, 2002

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

1:00 p.m. HB 555-FN-L, (New Title) relative to the billing of counties for certain expenses by the department of health and human services and relative to costs of certain juvenile placements.

TUESDAY, MARCH 19, 2002

TRANSPORTATION, Room 104, LOB

8:30 a.m. HB 1132, relative to grip height on motorcycles.

9:00 a.m. HB 494, establishing a committee to study the permitting and hearing processes for proposed highways.

PUBLIC AFFAIRS, Room 105-A, SH

1:00 p.m. HB 650-FN, relative to master plans.

WEDNESDAY, MARCH 20, 2002

JUDICIARY, Room 103, LOB

10:15 a.m. HB 550, (New Title) relative to destruction of information.

10:30 a.m. HB 678, relative to notice of release of an inmate from state prison.

TUESDAY, MARCH 26, 2002

PUBLIC AFFAIRS, Room 105-A, SH

1:00 p.m. HB 617, (New Title) relative to additional exceptions to junk yard regulation.

1:30 p.m. HB 392, (New Title) relative to a property tax exemption for property of agricultural fairs.

2:00 p.m. HB 701, (New Title) relative to municipal limitation of renewable energy systems.

TUESDAY, APRIL 2, 2002

PUBLIC AFFAIRS, Room 105-A, SH

1:00 p.m. HB 517-L, relative to supply of water by village districts.

1:30 p.m. HB 522-L, establishing discretionary preservation easements for preserving historic agricultural structures.

2:00 p.m. HB 673, (New Title) relative to a net asset qualification for the elderly property tax exemption for married persons.

2:30 p.m. HB 722, (New Title) relative to town, village district, and school district elections.

MEETINGS

TUESDAY, FEBRUARY 19, 2002

· PLEASE NOTE THE FOLLOWING MEETING HAS BEEN RESCHEDULED FROM FEBRUARY 13TH

FISCAL COMMITTEE OF THE GENERAL COURT SUBCOMMITTEE ON THE PUBLIC UTILITIES COMMISSION LOW INCOME ENERGY ASSISTANCE PROGRAMS Room 102, LOB

12:30 p.m. Subcommittee Meeting

FRIDAY, FEBRUARY 22, 2002

ASSESSING STANDARDS BOARD (SB 193, Chapter 297:2, Laws of 2001) Room 301, LOB

9:00 a.m. Regular Meeting

EQUALIZATION STANDARDS BOARD (RSA 21-J:14-c) Room 301, LOB

1:30 p.m. Regular Meeting

FRIDAY, MARCH 1, 2002

BREATH ANALYZER MACHINES ADVISORY COMMITTEE (RSA 106-G:1) Department of safety's 3rd floor conference room

10:00 a.m. - 12:00 p.m. Regular Meeting

MONDAY, MARCH 4, 2002

NH LAND AND COMMUNITY HERITAGE AUTHORITY BOARD OF DIRECTORS (RSA 227-M:4) Community Development Finance Authority, 14 Dixon Ave, Concord, NH

8:30 a.m. Regular Meeting

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

9:00 a.m. Regular Meeting

OSTEOP0OROSIS ADVISORY COUNCIL (RSA 126-I:3) Room 102, LOB

9:30 a.m. Subcommittee Meeting

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

10:00 a.m. Regular Meeting

DEVELOPMENTAL DISABILITY WAITLIST FUND ALLOCATION OVERSIGHT COMMITTEE (HB 1182, Chapter 171-A:1-b) Room 205, LOB

1:00 p.m. Regular Meeting

JOINT HEALTH COUNCIL (RSA 326-B:12) NH Board of Nursing, Room17, 78 Regional Dr., Bldg. 2, Concord, NH

6:00 p.m. Regular Meeting

WEDNESDAY, MARCH 6, 2002

ADEQUATE EDUCATION AND EDUCATION FINANCING COMMISSION INVITES ALL HOUSE AND SENATE EDUCATION MEMBERS TO AN INFORMATIONAL MEETING ON (Federal Bill HR 1, no child shall be left behind.) Room 105-A, SH

2:30 p.m. Informational Meeting Presented by Commissioner Nicholas Donohue

FRIDAY, MARCH 8, 2002

· PLEASE NOTE THE FOLLOWING MEETING HAS BEEN CANCELLED AND RESCHEDULED FOR MARCH 15TH

PRIVACY TASK FORCE (HB 702, Chapter 256:8, Laws of 2001) Rooms 210-211, LOB

Cancelled Regular Meeting

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

9:00 a.m. Regular Meeting

COMMISSION ON THE STATUS OF COMMUNITY-TECHNICAL EDUCATION (SB 503, Chapter 272:35, Laws of 1998) NH Technical Institute, Student Senate Room, 2nd Floor, Concord, NH

10:00 a.m. Regular Meeting

BOARD OF MANUFACTURED HOUSING (HB 639, Chapter 368:1, Laws of 1994) Room 201, LOB

1:00 p.m. Complaint Hearings

NEW HAMPSHIRE CIVIL WAR MEMORIALS COMMISSION (HB 1368, RSA 21-K:18, Laws of 2000) Room 203,LOB

2:00 p.m. Regular Meeting

MONDAY, MARCH 11, 2002

CERTIFICATE OF NEED STATUTE TASK FORCE (RSA 151-C:16) Room 203, LOB

10:00 a.m. - 12:00 p.m. Regular Meeting

 

WEDNESDAY, MARCH 13, 2002

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

9:00 a.m. Regular Business

9:30 a.m. Audits.

Management letter for the state of New Hampshire for the year ended June 30, 2001.

State of New Hampshire

Department of Environmental Services

Performance-Based Budgeting Audit Report

March 2002

 

FRIDAY, MARCH 15, 2002

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

9:00 a.m. Regular Meeting

PRIVACY TASK FORCE (HB 702, Chapter 256:8, Laws of 2001) Rooms 210-211, LOB

9:00 a.m. Regular Meeting

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

10:00 a.m. Regular Meeting

FRIDAY, MARCH 22, 2002

LONG TERM CARE RATE ADVISORY COMMITTEE (RSA 151-E:6-a) Room 100, SH

1:00 p.m. Regular Meeting

MONDAY, APRIL 8, 2002

CERTIFICATE OF NEED STATUTE TASK FORCE (RSA 151-C:16) Room 203, LOB

10:00 a.m. - 12:00 p.m. Regular Meeting

FRIDAY, APRIL 19, 2002

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

9:00 a.m. Regular Meeting

MONDAY, APRIL 22, 2002

SOURCES THAT BURN VIRGIN PETROLEUM OR COAL TO COMPLY WITH AIR TOXIC CONTROL ACT (RSA 125-I), STUDY OF PUBLIC HEALTH AND ENVIRONMENTAL BENEFITS (SB 93, Chapter 88:1, Laws of 2001) Room 101, LOB

9:00 a.m. Regular Meeting

MONDAY, APRIL 29, 2002

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

9:00 a.m. Investment Committee

10:00 a.m. Regular Meeting

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FISCAL NOTES ARE AVAILABLE IN THE SENATE CLERK'S OFFICE:

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NOTICES

THURSDAY, FEBRUARY 21, 2002

The University of New Hampshire Alumni and Parents Association invites members of the General Court to the annual UNH Legislative Breakfast to be held Thursday, February 21, 2002, from 7:30 a.m. – 9:00 a.m. at the New Hampshire Historical Society.

Senator Lou D’Allesandro

Senator Katherine Wells Wheeler

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MONDAY, MARCH 4, 2002

Legislators and staff are invited to attend a presentation entitled "Personal Privacy in Cyberspace" on Monday, March 4th, 2002 at 6:30 p.m. in the New Hampshire Technical Institute Library in Concord. The presentation will feature Herman J. Tavani, Chair of the Philosophy Department at Rivier College, and will explore the ethical and policy dilemmas arising from the increasing use of information technology in American life. Efforts to address this issue through legislation will be explored, as well as the conflict between the desire for efficiency and the need for privacy. For information call the NHTI Public Information Office at 271-7735.

Senator Carl Johnson

Senator Sylvia B. Larsen

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MONDAY, MARCH 4, 2002

Informational Meeting on TANF and Reauthorization and Postsecondary Education, at 3:00 p.m. Room 206, LOB.

Senator Katherine Wheeler

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WEDNESDAY, MARCH 6, 2002

The Senate and Senate staff are cordially invited to attend the New Hampshire Auto Dealers Association "Crossover Reception" immediately following the House Session on March 6th at the New Hampshire Auto Dealers Association's headquarters at 507 South Street, in Bow.

Senator Sylvia B. Larsen

Senator Harold W. Burns

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THURSDAY, MARCH 7, 2002

All Senators are invited to participate in the second annual "Read Across America" event sponsored by NEA/NH to be held in the Senate Chamber on Thursday, March 7, from 9:00 a.m. to 10:00 a.m. Senators will be divided in to small groups to read to children form their district. Because this year's theme is "Honoring Our Heroes", celebrity readers such as state troopers, and firefighters will also be in attendance. Books will be provided, but senators may also bring a favorite one about a hero to share with the children.

Senator Arthur P. Klemm Jr.

Senator Beverly A. Hollingworth

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SUNDAY, MARCH 10, 2002

&

MONDAY, MARCH 11, 2002

The 10th Annual Legislative Ski Day will be at Waterville Valley Ski Area on Sunday, March 10th and Monday, March 11th. Free Skiing will be available for legislators and details on overnight packages including meals will be available shortly. Ski New Hampshire looks forward to hosting legislators again and to raising funds for the NH Automobile Dealers Association charitable foundation, KEEP KIDS SAFE.

Senator Beverly A. Hollingworth

Senator Harold W. Burns

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THURSDAY, MARCH 14, 2002

The American Red Cross cordially invites all Legislative members and staff to their annual legislative breakfast on Thursday, March 14, 8:30 am 10:00 am in the State House Cafeteria. NH Red Cross disaster volunteers who helped in the relief efforts in NY City following the September 11 terrorist attack will be present. The new "blood donation bus" will be parked on the city plaza in front of the state house from 9:00 a.m. - 4:00 p.m. to give legislators and staff an opportunity to donate blood. For more information, contact State House Health Services, ext. 2757.

Senator Arthur P. Klemm Jr.

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SENATE DEADLINES 2002 SESSION

JANUARY 2, 2002 CONVENING DAY

INTRODUCTION OF SENATE BILLS

(Calendar with all hearing published)

FEBRUARY 21, 2002 LAST DAY TO ACT ON SENATE BILLS

FEBRUARY 24, 2002 - MARCH 5, 2002 VACATION WEEK

APRIL 18, 2002 LAST DAY TO ACT ON ALL BILLS FROM OTHER BODY

APRIL 25, 2002 LAST DAY TO FORM COMMITTEE OF CONFERENCES

MAY 2, 2002 LAST DAY TO ACT ON COMMITTEE OF CONFERENCE REPORTS

 

VISITORS CENTER SCHEDULE - FEBRUARY

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 2002. 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

DATE

TIME

GROUP

Grade/Size

Feb. 18

9:45 & 11:15

Merrimack Valley High School – Penacook

HS/50

Feb. 19

9:30 & 11:00

Parker Varney Elementary – Manchester

4/50

Feb. 20

9:30 & 11:00

Parker Varney Elementary – Manchester

4/50

Feb. 21

9:30 & 11:00

Crescent Lake School – Wolfeboro

4/55

Feb. 21

9:30 & 11:00

Crescent Lake School – Wolfeboro

4/55

Feb. 26

9:30 & 11:00

Paul School – Sanbornville

4/65

Feb. 26

1:00

Calvary Bible Church Girl’s Awana – Derry

3-6/30

Feb. 27

11:00 & 12:30

K.A. Brett School – Tamworth

3 & 4/60

Feb. 28

10:00

NHEOA – Youth Leadership

50

Feb. 28

12:30

Haverhill Cooperative Middle School

4/50