RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 10-SCR 2 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.

First and Second Reading and Referral

SB 10, relative to the transcription of hearings before standing committees of the senate. (Sen. D’Allesandro, Dist 20: Internal Affairs)

SB 11, extending the reporting date of the committee to study and identify or establish the duties of the fish and game commission. (Sen. Disnard, Dist 8; Rep. McKinney, Rock 29; Rep. Carlson, Hills 19: Wildlife and Recreation)

SB 12, relative to applications for the cooperative fencing program and the depredation permit program in the fish and game department. (Sen. Disnard, Dist 8: Wildlife and Recreation)

SB 13, relative to the duties of a school nurse and relative to school food and nutrition programs. (Sen. O’Hearn, Dist 12: Education)

SB 14, relative to the definition of "school" for the purpose of the universal service fund for schools and libraries. (Sen. O’Hearn, Dist 12: Education)

SB 15, extending the reporting date for the commission on the status of community-technical education. (Sen. D’Allesandro, Dist 20: Education)

SB 16-FN-A, relative to state financial aid for state fairs, and making an appropriation therefor. (Sen. Gordon, Dist 2: Wildlife and Recreation)

SB 17-FN, relative to accidental disability retirement benefits upon the death of a retired group II member. (Sen. Wheeler, Dist 21; Sen. Klemm, Dist 22; Rep. Pepino, Hills 40: Insurance)

SB 18, relative to termination of small trusts. (Sen. Gordon, Dist 2; Rep. Craig, Hills 38: Judiciary)

SB 19, establishing a committee to study prevention of voter fraud. (Sen. Roberge, Dist 09; Sen. Francoeur, Dist 14; Sen. Boyce, Dist 4;, Sen. Barnes, Dist 17; Sen. O’Hearn, Dist 12; Rep. Rodeschin, Sull 4; Rep.Johnson, Rock 25: Public Affairs)

SB 20, relative to possessory actions instituted on the basis of nonpayment of rent. (Sen. Barnes, Dist 17: Executive Departments and Administration)

SB 21, establishing a commission to develop recommendations for legislation to reduce regulatory barriers to the creation of affordable housing. (Sen. Hollingworth, Dist 23; Sen. McCarley, Dist 06; Sen. Larsen, Dist 15; Rep. Konys, Hills 33: Executive Departments and Administration)

SB 22, requiring certified radiologic technologists for the operation of equipment licensed under the radiological health program. (Sen. Wheeler, Dist 21; Sen. McCarley, Dist 6; Sen. Larsen, Dist 15; Sen. D’Allesandro, Dist 20; Rep. Lent, Straf 8; Rep. Emerton, Hills 7; Rep. Millham, Belk 4; Rep. Micklon, Rock 26; Rep. Pilliod, Belk 3: Executive Departments and Administration)

SB 23-LOCAL, relative to the amount of interest on late paid property taxes which may be waived by the tax collector. (Sen. Pignatelli, Dist 13; Sen. O’Hearn, Dist 12; Sen. O’Neil, Dist 18; Sen. D’Allesandro, Dist 20; Sen. Gatsas, Dist 16: Public Affairs)

SB 24, establishing a judicial nominating commission. (Sen. D’Allesandro, Dist 20; Rep. Downing, Rock 26: Judiciary)

SB 25, relative to preliminary breath tests. (Sen. Below, Dist 5; Sen. Flanders, Dist 7; Sen. Gordon, Dist 2; Rep. Scovner, Graf 13: Judiciary)

SB 26, relative to probate court procedures regarding adoptions. (Sen. Gordon, Dist 2; Rep. Craig, Hills 38: Judiciary)

SB 27, allowing the state to apply for review of a state prison sentence by the superior court’s review division. (Sen. Cohen, Dist 24; Rep. Welch, Rock 18: Judiciary)

SB 28, permitting disclosure of final decisions of the commissioner of revenue administration. (Sen. McCarley, Dist 6: Ways and Means)

SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting. (Sen. Roberge, Dist 9; Sen. Francoeur, Dist 14; Rep. Batula, Hills 18; Rep. Goulet, Hills 15; Rep. Emerton, Hills 7; Rep. Herman, Hills 13; Rep. G. Katsakiores, Rock 13: Public Affairs)

SB 30, establishing a committee to study the DNA database of sexual offenders. (Sen. Hollingworth, Dist 23, Rep. O’Keefe, Rock 21: Judiciary)

SB 31, eliminating straight ticket voting. (Sen. Cohen, Dist 24; Sen. Pignatelli, Dist 13; Sen. Wheeler, Dist 21; Sen. D’Allesandro, Dist 20; Sen. McCarley, Dist 6; Sen. Hollingworth, Dist 23; Sen. O’Neil, Dist 18; Sen. Fernald, Dist 11; Sen. Disnard, Dist 8; Sen. Below, Dist 5; Sen. Larsen, Dist 15; Sen. Gordon, Dist 2; Rep. Foster, Hills 10; Rep. Pilliod, Belk 3; Rep. Langley, Rock 24; Rep. Norelli, Rock 31; Rep. Splaine, Rock 34: Public Affairs)

SB 32, exempting dumbwaiters from the elevator law. (Sen. Francoeur, Dist 14; Sen. Johnson, Dist 2; Rep. Clegg, Hills 23: Executive Departments and Administration)

SB 33, relative to the definition of "campsite." (Sen. Larsen, Dist 15; Sen. Barnes, Dist 17: Wildlife and Recreation)

SB 34, relative to the process for nonrenewal of teacher contracts. (Sen. O’Hearn, Dist 12; Rep. Henderson, Rock 20; Rep. Snyder, Straf 14: Education)

SB 35, relative to a term for the chief justice of the supreme court. (Sen. Gordon, Dist 2: Judiciary)

SB 36-FN-A, making an appropriation to the postsecondary education commission for the purpose of tuition incentive grants. (Sen. Gordon, Dist 2; Sen. Larsen, Dist 15; Sen. Hollingworth, Dist 23; Sen. D’Allesandro, Dist 20; Sen. O’Hearn, Dist 12; Sen. Gatsas, Dist 16; Rep. Hager, Merr 18; Rep. M. Fuller Clark, Rock 36: Education)

SB 37, extending the reporting date for the committee studying prescription drug access. (Sen. Hollingworth, Dist 23; Sen. Disnard, Dist 8; Sen. McCarley, Dist 6; Sen. Larsen, Dist 15; Sen. Wheeler, Dist 21; Rep. Emerton, Hills 7; Rep. Taylor, Straf 11: Public Institutions, Health and Human Services)

SB 38-FN, relative to increasing the compensation of the public employee labor relations board. (Sen. D’Allesandro, Dist 20; Rep. Clayton, Hills 39; Rep. Bridle, Rock 22: Executive Departments and Administration)

SB 39, establishing the positions of director of consumer affairs and market conduct chief administrator in the insurance department. (Sen. Burns, Dist 1; Sen. Wheeler, Dist 21; Rep. L. Fraser, Merr 9; Rep. Francoeur, Rock 22: Insurance)

SB 40, changing the method by which the insurance department assesses insurers to fund its administration fund. (Sen. Burns, Dist 1; Sen. Wheeler, Dist 21; Rep. M. Fuller Clark, Rock 36; Rep. L. Fraser, Merr 9: Insurance)

SB 41, relative to technical corrections for life, accident and health insurance. (Sen. Wheeler, Dist 21; Rep. Francoeur, Rock 22: Insurance)

SB 42, relative to charges for access to medical records. (Sen. Wheeler, Dist 21; Rep. Seldin, Merr 17; Rep. Manning, Ches 9: Public Institutions, Health and Human Services)

SB 43, relative to the length of time allotted for school children to consume meals. (Sen. Hollingworth, Dist; 23: Education)

SB 44, relative to false academic documentation. (Sen. Gordon, Dist 2; Rep. Alger, Graf 9: Judiciary)

SB 45, relative to the legislative oversight committee on electric utility restructuring. (Sen. Johnson, Dist 3; Sen. Below, Dist 5; Rep. J. Bradley, Carr 8; Rep. Thomas, Belk 3: Energy & Economic Development)

SB 46, relative to payments of scheduled awards under the workers’ compensation law. (Sen. McCarley, Dist 6: Insurance)

SB 47, relative to ownership of certified public accounting firms. (Sen. Johnson, Dist 3; Sen. D’Allesandro, Dist 20; Sen. McCarley, Dist 6; Sen. Eaton, Dist 10; Rep. Taylor, Straf. 11; Rep. Herman, Hills 13; Rep. L. Fraser, Merr 9; Rep. R. Johnson, Rock 25: Executive Departments and Administration)

SB 48, relative to the rental of shared living facilities. (Sen. Johnson, Dist 3: Executive Departments and Administration)

SB 49, establishing a committee to study the creation of a landlord-tenant mediation project. (Sen. Johnson, Dist 3: Executive Departments and Administration)

SB 50, relative to the abatement of taxes in unincorporated towns or unorganized places. (Sen. Below, Dist 5; Sen. D’Allesandro, Dist 20; Rep. Patten, Carr 9: Public Affairs)

SB 51, relative to financial holding companies. (Sen. Larsen, Dist 15; Rep. T. Reardon, Merr 23: Banks)

SB 52, relative to liquor liability insurance coverage. (Sen. Gordon, Dist 2; Rep. Avery, Ches 8; Rep. R. Russell, Ches 15; Rep. T. Reardon, Merr 23: Insurance)

SB 53, relative to attorneys’ fees in certain circumstances under the workers’ compensation law. (Sen. Hollingworth, Dist 23; Sen. Larsen, Dist 15; Sen. Wheeler, Dist 21; Rep. Brindle, Rock 22; Rep. Taylor, Straf 11: Insurance)

SB 54, relative to the transfer of funds in the community-technical college system. (Sen. Johnson, Dist 3; Sen. D’Allesandro, Dist 20; Sen. Barnes, Dist 17; Sen. Gatsas, Dist 16; Sen. O’Hearn, Dist 12; Sen. Larsen, Dist 15; Rep. Peterson, Hills 8: Education)

SB 55, creating a commission to study the youth development center. (Sen. Hollingworth, Dist 23: Public Institutions, Health and Human Services)

SB 56, relative to health care providers discontinuing service in New Hampshire. (Sen. Gatsas, Dist 16: Insurance)

SB 57, relative to the economic development matching grants program. (Sen. Eaton, Dist 10; Sen. Disnard, Dist 8; Sen. Larsen, Dist 15; Rep. Rodeschin, Sull 4: Energy & Economic Development)

SB 58, revising the requirements for a license as a bingo supplies or lucky 7 tickets distributor. (Sen. Eaton, Dist 10; Rep. Alukonis, Hills 23: Ways and Means)

SB 59, relative to the inclusion of a signature declaration and verification statement on teacher certification applications. (Sen. Gordon, Dist 2: Education)

SB 60, relative to the authority of the board of tax and land appeals to assess attorneys’ fees. (Sen. Below, Dist 5; Sen. D’Allesandro, Dist 20; Rep. Patten, Carr 9: Public Affairs)

SB 61, establishing a procedure for summary administration of estates. (Sen. Gordon, Dist 2; Rep. Craig, Hills 38: Judiciary)

SB 62, relative to guardianships. (Sen. Gordon, Dist 2; Rep. Craig, Hills 38: Judiciary)

SB 63, relative to administration of estates and filing of wills by executors. (Sen. Gordon, Dist 2; Rep. Craig, Hills 38: Judiciary)

SB 64-FN-A, establishing a fund to pay mediators in the probate courts. (Sen. Gordon, Dist 2; Rep. Craig, Hills 38: Judiciary)

SB 65, allowing licensed alcohol and drug counselors to obtain third party payment and establishing a committee to study levels of licensure of alcohol and drug counselors. (Sen. Wheeler, Dist 21; Rep. Taylor, Straf 11: Insurance)

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. (Sen. Hollingworth, Dist 23; Rep. B. Moore, Rock 22; Rep. Weatherspoon, Rock 20; Rep. O’Keefe, Rock 21; Rep. Brindle, Rock 22; Rep. Francoeur, Rock 22: Environment)

SB 67-FN, relative to costs of locating and apprehending persons improperly at large for driving-related offenses. (Sen. Eaton, Dist 10; Sen. D’Allesandro, Dist 20; Rep. Bartlett, Belk 6; Rep. Packard, Rock 29; Rep. P. Cote, Hills 32; Rep. Musler, Straf 6: Judiciary)

SB 68, relative to school district placements of children living in foster homes. (Sen. Gordon, Dist 2; Rep. Gabler, Graf 8; Rep. B. Williams, Graf 8: Education)

SB 69-FN-A-LOCAL, relative to a New Hampshire Legal Assistance office in Nashua and making an appropriation therefor. (Sen. Pignatelli, Dist. 13: Public Affairs)

SB 70-FN-LOCAL, relative to staffing at New Hampshire long-term health care facilities. (Sen. Johnson, Dist 3; Rep. M. Fuller Clark, Rock 36; Rep. Blanchard, Rock 33: Public Institutions, Health and Human Services)

SB 71, relative to the New Hampshire real estate practice act and the regulation of licenses by the real estate commission. (Sen. Johnson, Dist 3; Sen. Cohen, Dist 24; Rep. Gallus, Coos 7; Rep. Poulin, Merr 14; Rep. Clayton, Hills 39: Executive Departments and Administration)

SB 72-FN, relative to payment of medical benefits costs for group II members of the retirement system. (Sen. Klemm, Dist 22: Insurance)

SB 73-FN, relative to benefits awarded a surviving spouse of a police officer killed in the line of duty. (Sen. O’Neil, Dist 18: Insurance)

SB 74, relative to providing services under the Child Protection Act. (Sen. Gordon, Dist 2; Sen. Wheeler, Dist 21; Rep. Grassie, Straf 19; Rep. Arnold, Hills 20; Rep. K. Hutchinson, Rock 29: Judiciary)

SB 75, relative to physicians who make a report when a person is unfit to drive a motor vehicle. (Sen. Pignatelli, Dist 13; Sen. Below, Dist 5; Sen. Fernald, Dist 11; Sen. Gordon, Dist 2; Rep. Craig, Hills 38; Rep. Rowe, Hills 14; Rep. Dokmo, Hills 14; Rep. Leishman, Hills 13: Judiciary)

SB 76-FN, requiring attendance in an education and training program by those who obtain a liquor license. (Sen. Gordon, Dist 2; Sen. Below, Dist 5; Rep. Leber, Merr 1; Rep. Gabler, Graf 8; Rep. T. Reardon, Merr 23; Rep. Norelli, Rock 31: Ways and Means)

SB 77, relative to the regulation of plumbers and plumbing. (Sen. D’Allesandro, Dist 20; Rep. Downing, Rock 26: Executive Departments and Administration)

SB 78-FN-LOCAL, relative to the distribution of special education records to certain educationally disabled pupils. (Sen. O’Hearn, Dist 12: Education)

SB 79, relative to plumber’s licenses. (Sen. Francoeur, Dist 14: Executive Departments and Administration)

SB 80-A, making a capital appropriation to the department of regional community-technical colleges for planning of a student residence on the Berlin campus. (Sen. Burns, Dist 1; Rep. Gallus, Coos 7; Rep. Rozek, Coos 7; Rep. Horton, Coos 3; Rep. Guay, Coos 6; Rep. Woodward, Coos 7: Capital Budget)

SB 81-FN-A, regulating medication technicians under the nurse practice act. (Sen. Disnard, Dist 8; Sen. Hollingworth, Dist 23; Rep. Robb, Sull 11; Rep. I. Pratt, Ches 5; Rep. Downing, Rock 26: Public Institutions, Health and Human Services)

SB 82, relative to service of process in marital matters. (Sen. Gordon, Dist 2: Judiciary)

SCR 1, urging the supreme court to expand the membership of the advisory committee on rules to include legislative members. (Sen. Gordon, Dist. 2 : Judiciary)

SCR 2, urging the federal government to honor its commitment to fully fund its share of special education costs. ( Sen. Hollingworth, Dist. 23; Sen. Pignatelli, Dist. 13; Sen. Larsen, Dist. 15; Sen. D'Allesandro, Dist. 20; Sen. Below, Dist. 5; Sen. McCarley, Dist. 6; Sen. Fernald, Dist. 11; Sen. Cohen, Dist. 24; Sen. O'Neil, Dist. 18; Sen. Wheeler, Dist. 21; Sen. Disnard, Dist. 8; Rep. Konys, Hills 33; Rep. Norelli, Rock 31; Rep. Wallner, Merr 24; Rep. Burling, Sull 1; Rep. Estabrook, Straf 8: Education)

The House of Representatives has passed a Bill with the following title, in the passage of which it asks the concurrence of the Senate:

HB 204, relative to loan guarantees by the business finance authority.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bill numbered HB 204 shall be by this resolution read a first and second time by the therein listed title, and referred to the therein designated committee.

First and Second Reading and Referral

HB 204, relative to loan guarantees by the business finance authority. (Finance)

Senator Boyce offered the following:

Add after (e) the following language:

(f) filing period for legislation to be acted on in the second half of the biennium, January 2002, will commence on April 16, 2001.

The office of Legislative Services shall not draft a Senate Bill or Joint Resolution, unless a request by a member for drafting with complete information has been received not later than 3:00 p.m., April 20, 2001.

Last day to sign-off legislation for the January 2002 session – August 1, 2001 at 3:00 p.m.

The following Senators voted No: Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O’Neil, D’Allesandro, Wheeler, Hollingworth, Cohen.

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Thursday, February 1, 2001, at 10:15 a.m.

The Senate met at 10:15 a.m.

A quorum was present.

The prayer was offered by David P. Jones, Senate Chaplain.

Senator Johnson led the Pledge of Allegiance.

Senator Larsen placed the name of Malcolm Richards in nomination as the Senate Doorkeeper.

Senator Johnson seconded the nomination.

Further nominations.

Senator Burns moved that the nominations be closed.

The question is on the election of Malcolm Richards as Senate Doorkeeper.

Amy I. Bourgault - Chief of Staff

Richard Lehmann - Senate Counsel

Jay Marden - Senate Recorder

Jay Flanders - Legislative Aide

Christopher Williams - Legislative Aide

Samantha Gudheim - Legislative Aide

Valerie Sharp - Committee Secretary

Marilyn Priest - Committee Secretary

Jonathan Gilson - Intern

Gregory Saphier - Intern

SB 13, relative to the duties of a school nurse and relative to school food and nutrition programs. Education committee. Vote 3-0. Ought to Pass, Senator O'Hearn for the committee.

Senator O’Hearn moved to have SB 13, relative to the duties of a school nurse and relative to school food and nutrition programs, laid on the table.

SB 13, relative to the duties of a school nurse and relative to school food and nutrition programs.

SB 15, extending the reporting date for the commission on the status of community-technical education. Education committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

SB 59, relative to the inclusion of a signature declaration and verification statement on teacher certification applications. Education committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0063s

04/10

Amend RSA 189:14-g as inserted by section 1 of the bill by replacing it with the following:

189:14-g Teacher Signature Certification. A teacher applying for certification through the bureau of credentialing, department of education, shall execute a notarized signature declaration and verification statement which shall be set forth conspicuously in the application for teacher certification. Such statement shall read substantially as follows:

"I hereby certify that I am the individual listed in this application, and that all information provided herein, including all accompanying documentation, is true, accurate, and complete to the best of my knowledge. Any willful misrepresentation or omission of facts shall constitute just cause for denial of certification or revocation of existing certifications, and possible criminal prosecution.

SB 49, establishing a committee to study the creation of a landlord-tenant mediation project. Executive Departments & Administration Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

HB 204-FN, relative to loan guarantees by the business finance authority. Finance Committee. Vote 5-0. Ought to Pass, Senator Hollingworth for the committee.

SB 17-FN, relative to accidental disability retirement benefits upon the death of a retired group II member. Insurance Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

SB 72-FN, relative to payment of medical benefits costs for group II members of the retirement system. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Francoeur for the committee.

2001-0060s

10/04

Amend RSA 100-A:55, I as inserted by section 1 of the bill by replacing it with the following:

I. The additional benefits provided under RSA 100-A:52 shall apply to persons who are active or retired members of group II as of June 30, [1997] 2000; to persons who prior to July 1, 1988, had completed no less than 20 years of group II creditable service, but who for reasons other than retirement or death ceased to be a group II member prior to attaining the age of 45, and who, as of July 1, 1993, are eligible for vested deferred retirement benefits; and to persons who are group II permanent policemen or permanent firemen members on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty who become permanent policemen members of group II [after June 30, 1988, but] before July 1, [2000] 2002 or permanent firemen members of group II [after June 30, 1988, but] before July 1, [2000] 2002. Such additional benefits shall not apply to other persons who become members of group II after June 30, [2000] 2002, without future legislation to include them. It is the intent of the legislature that future group II members shall be included only if the total cost of such inclusion can be funded by reimbursement from the special account established under RSA 100-A:16, II(h).

SB 73-FN, relative to benefits awarded a surviving spouse of a police officer killed in the line of duty. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Francoeur for the committee.

2001-0061s

10/04

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

AN ACT relative to benefits awarded a surviving spouse of a police officer or firefighter killed in the line of duty.

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

1 Additional Medical Benefits; Spouse of Police Officer or Firefighter Killed in Line of Duty. Amend RSA 21-I:30-a, I(b) to read as follows:

(b) Any [such] surviving spouse of a group II police officer or firefighter killed in the line of duty shall not cease to be qualified under this section if such surviving spouse remarries. Any other surviving spouse shall cease to be qualified for medical and surgical benefits under this section upon the remarriage of the surviving spouse.

2 Retirement System; Group II; Accidental Death Benefits; Exception Added. Amend RSA 100-A:8, II(a) to read as follows:

(a) If, upon the receipt by the board of trustees of proper proof of the death of a group II member in service indicating that such death was the natural and proximate result of an accident occurring while in the performance of duty at some definite time and place, or as the natural and proximate result of repeated trauma or gradual degeneration occurring while in the actual performance of duty or arising out of and in the course of employment or of any occupational disease arising out of or in the course of employment, as defined by RSA 281-A:2, XI and found to be compensable by the commissioner of labor pursuant to RSA 281-A:43; the board decides that death was the result of an accident in the performance of duty and not caused by willful negligence on the part of the member, a state annuity shall be paid to the member’s surviving spouse, to continue until the surviving spouse remarries except as provided in subparagraph (c); or if there is no surviving spouse, or if the surviving spouse dies or remarries before the youngest child of the deceased member has attained age 18, then to the deceased [members’] member’s child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship state annuity for the benefit of such child or children under said age until every child dies or attains said age; or if there is no surviving spouse or child under age 18 living at the death of the member, then to the member’s dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living or eligible for benefits under the provisions of this section, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member’s estate, a lump sum amount which is equal to the deceased member’s base salary plus accrued benefits not paid at the time of death, in addition to the amount payable under RSA 100-A:11.

3 New Subparagraph; Accidental Death Benefits; Surviving Spouse of Group II Police Officer or Firefighter. Amend RSA 100-A:8, II by inserting after subparagraph (b) the following new subparagraph:

(c) An annuity paid to a member’s surviving spouse under subparagraphs (a) and (b), where the member was a group II police officer or firefighter killed in the line of duty, shall not be terminated upon the remarriage of the surviving spouse. In addition, to the extent applicable, no such annuity shall be subject to any state or local taxation.

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

2001-0061s

AMENDED ANALYSIS

This bill allows a surviving spouse of a police officer or firefighter killed in the line of duty to receive accidental death benefits whether or not the spouse remarries, and to the extent possible such benefits are exempt from state and local taxation.

SB 25, relative to preliminary breath tests. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0062s

03/04

Amend the bill by replacing section 1 with the following:

1 Preliminary Breath Test. Amend RSA 265:92-a, I to read as follows:

I. Any police officer, who has been certified by the police standards and training council according to standards for such certification contained in rules adopted by said council pursuant to RSA 541-A, having reasonable grounds to believe that a person has been driving or operating a vehicle on a way while under the influence of intoxicating liquor or controlled drug or while the person’s alcohol concentration was 0.08 or more or in the case of a person under the age of 21, 0.02 or more may, without making an arrest, request that such person submit to a preliminary breath test for alcohol concentration to be administered by the officer. The results of this test [shall not] may be admissible in evidence [by the prosecution, and] for the sole purpose of determining whether the officer had probable cause to arrest the person. Failure to submit to the test shall not constitute a violation of this chapter. Nothing contained in this section shall be construed to prevent or require a subsequent test pursuant to RSA 265:84. The police officer requesting the test shall advise orally [and in writing] the person to be tested that his or her failure to take the test or his or her taking of the test shall not be construed to prevent or require a subsequent test pursuant to RSA 265:84. The results of the test shall be furnished immediately [in writing] to the person tested by the police officer administering the test and in writing, if requested.

2001-0062s

AMENDED ANALYSIS

This bill:

I. Expands the circumstances under which a police officer may request that a person submit to a preliminary breath test.

II. Permits the admission into evidence of the results of a preliminary breath test to determine whether the officer had probable cause to arrest the person.

III. Eliminates the requirement that a police officer provide a written notice to the person of whom a preliminary breath test is requested.

SB 27, allowing the state to apply for review of a state prison sentence by the superior court's review division. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Fernald for the committee.

SB 23, relative to the amount of interest on late paid property taxes which may be waived by the tax collector. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Francoeur for the committee.

Senator Pignatelli offered a floor amendment.

2001-0056s

10/09

Floor Amendment to SB 23-LOCAL

Amend RSA 76:13 as inserted by section 1 of the bill by replacing it with the following:

76:13 Interest. Interest at 12 percent per annum shall be charged upon all taxes except resident taxes, except as otherwise provided by statute, not paid on or before December 1 after their assessment, which shall be collected from that date with the taxes as incident thereto, except in the case where a tax bill sent to the taxpayer on or after November 2 and before April 1 of the following year interest shall not be charged until 30 days after the bills are mailed. Interest due [that amounts to less than $5] in an amount up to $25 may be waived by the collector, with the approval and consent of the board of selectmen and the board of assessors, if in [his] the collector’s judgment the administrative and collection costs involved do not warrant collection of the amount due. The tax collector shall state on the tax bill the date from which interest will be charged and such date shall be determined by the day the collector sends out the last tax bill on [his] the list. The collector shall notify the board of tax and land appeals in writing of the date on which the last tax bill was sent.

SB 11, extending the reporting date of the committee to study and identify or establish the duties of the fish and game commission. Wildlife & Recreation Committee. Vote 4-0. Ought to Pass, Senator Disnard for the committee.

SB 12, relative to applications for the cooperative fencing program and the depredation permit program in the fish and game department. Wildlife & Recreation Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

SB 16-FN-A, relative to state financial aid for state fairs, and making an appropriation therefor. Wildlife & Recreation Committee. Vote 4-0. Ought to Pass, Senator Eaton for the committee.

Senator Francoeur moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, that all bills ordered to third reading be read a third time by this resolution, all titles be the same as adopted.

Senator Fernald (Rule #44).

Senator Disnard (Rule #44).

Senator Larsen (Rule #44).

Senator Francoeur moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings, House Messages, Enrolled Bills and amendments, and that when we adjourn, we adjourn to the Call of the Chair.

SB 11, extending the reporting date of the committee to study and identify or establish the duties of the fish and game commission.

SB 12, relative to applications for the cooperative fencing program and the depredation permit program in the fish and game department.

SB 15, extending the reporting date for the commission on the status of community-technical education.

SB 23, relative to the amount of interest on late paid property taxes which may be waived by the tax collector.

SB 25, relative to preliminary breath tests.

SB 27, allowing the state to apply for review of a state prison sentence by the superior court's review division.

SB 49, establishing a committee to study the creation of a landlord-tenant mediation project.

SB 59, relative to the inclusion of a signature declaration and verification statement on teacher certification applications.

HB 204-FN, relative to loan guarantees by the business finance authority.