SENATE

JOURNAL 3 (cont.)

February 1, 2001

Out of Recess.

REPORT OF COMMITTEE ON ENROLLED BILLS

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bill:

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

Senator Pignatelli moved adoption.

Adopted.

 

INTRODUCTION OF SENATE BILLS

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 1-CACR 16 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.

Adopted.

First and Second Reading and Referral

SB 1, apportioning state senate districts. (Sen. Klemm, Dist 22; Rep. Chandler, Carr 1: Internal Affairs)

SB 3, apportioning congressional districts. (Sen. Klemm, Dist 22; Rep. Chandler, Carr 1: Internal Affairs)

SB 83, relative to the New Hampshire film and television commission. (Sen. Johnson, Dist 3: Energy & Economic Development)

SB 84, relative to funeral processions. (Sen. Pignatelli, Dist 13; Sen. O’Hearn, Dist 12; Rep. O’Neil, Dist 18; Sen. Eaton, Dist 10; Sen. D’Allesandro, Dist 20; Sen. Gatsas, Dist 16; Rep. Artz, Hills 34; Rep. D. Cote, Hills 29; Rep. Pepino, Hills 40; Rep. Dwyer, Hills 43: Transportation)

SB 85, relative to collateralization of municipal trust funds. (Sen. Gordon, Dist 2; Rep. Patten, Carr 9: Banks)

SB 86-FN, establishing a process for reviewing judges. (Sen. D’Allesandro, Dist 20; Sen. Francoeur, Dist 14: Judiciary)

SB 87, relative to permissible campaign contributions by business organizations and labor unions. (Sen. Below, Dist 5; Sen. Gordon, Dist 2; Sen. O’Hearn, Dist 12; Sen. Fernald, Dist 11; Sen. Cohen, Dist 24; Sen. Wheeler, Dist 21; Sen. Hollingworth, Dist 23; Sen. Pignatelli, Dist 13; Rep. F. Davis, Merr 12; Rep. Weatherspoon, Rock 20; Rep. Almy, Graf 14: Public Affairs)

SB 88-FN-A, establishing a travel and tourism development fund in the department of resources and economic development and making an appropriation therefor. (Sen. Johnson, Dist 3: Energy & Economic Development)

SB 89, establishing a committee to study methods of strengthening and clarifying the comprehensive shoreland protection act and its application. (Sen. Johnson, Dist 3; Sen. Gordon, Dist 2; Sen. Barnes, Dist 17; Sen. Cohen, Dist 24; Rep. Patten, Carr 9; Rep. J. Bradley, Carr 8; Rep. Dickinson, Carr 2; Rep. Quimby, Carr 10; Rep. Lovett, Graf 6: Environment)

SB 90, relative to misdemeanor jury trials. (Sen. Cohen, Dist 24; Rep. Welch, Rock 18: Judiciary)

SB 91, prohibiting persons involved in the administration or enforcement of bingo and lucky 7 laws from participating, playing, or otherwise being involved with bingo and lucky 7 games beyond the scope of their official duties, and relative to the total value of prizes that may be awarded for bingo. (Sen. Disnard, Dist 8; Sen. Eaton, Dist 10: Ways and Means)

SB 92, relative to the distribution of special education funds. (Sen. O’Hearn, Dist 12: Education)

SB 93, establishing a committee to study the public health and environmental benefit of requiring stationary sources that burn virgin petroleum products or coal to comply with the requirements of the air toxic control act. (Sen. Johnson, Dist 3; Sen. Cohen, Dist 24; Sen. Larsen, Dist 15; Rep. J. Bradley, Carr 8; Rep. D. White, Hills 25; Rep. N. Kaen, Straf 7: Environment)

SB 94-FN-LOCAL, relative to the New Hampshire state flag. (Sen. D’Allesandro, Dist 20: Internal Affairs)

SB 95, relative to campaign contribution limits and independent expenditures. (Sen. Fernald, Dist 11; Sen. Wheeler, Dist 21; Sen. Cohen, Dist 24; Sen. Below, Dist 5; Sen. Hollingworth, Dist 23; Rep. F. Davis, Merr 12: Public Affairs)

SB 96-FN, repealing the requirements for resident and nonresident licenses to carry concealed weapons. (Sen. Francoeur, Dist 14; Sen. Boyce, Dist 4; Sen. Prescott, Dist 19; Rep. Welch, Rock 18; Rep. L. Jean, Hills 17; Rep. Clegg, Hills 23; Rep. Hill, Rock 29: Judiciary)

SB 97-FN, requiring the annual registration of manufactured housing parks. (Sen. Hollingworth, Dist 23: Executive Departments and Administration)

SB 98, relative to notice requirements prior to the sale of manufactured housing parks. (Sen. Hollingworth, Dist 23; Rep. M. Fuller Clark, Rock 36; Rep. Weatherspoon, Rock 20; Rep. O’Keefe, Rock 21: Executive Departments and Administration)

SB 99, relative to the exemption from the community benefits law for charitable trusts. (Sen. Gordon, Dist 2; Rep. Millham, Belk 4; Rep. Kenney, Carr 6: Executive Departments and Administration)

SB 100, establishing a commission to study the feasibility of creating a mental health court division. (Sen. Wheeler, Dist 21; Sen. Below, Dist 5; Sen. McCarley, Dist 6; Sen. Disnard, Dist 8; Sen. D’Allesandro, Dist 20; Sen. Hollingworth, Dist 23; Sen. Cohen, Dist 24; Rep. Guinta, Hills 39; Rep. Pilliod, Belk 3; Rep. Manning, Ches 9; Rep. Dowling, Rock 13: Judiciary)

SB 101-FN, relative to mooring permits and fees. (Sen. Johnson, Dist 3; Sen. Eaton, Dist 10; Rep. Quimby, Carr 10; Rep. Patten, Carr 9; Rep. J. Bradley, Carr 8; Rep. Dickinson, Carr 2: Wildlife and Recreation)

SB 102-A, making a capital appropriation to support affordable housing solutions in the state of New Hampshire. (Sen. Hollingworth, Dist 23; Sen. Below, Dist 5; Rep. Wheeler, Hills 7: Capital Budget)

SB 103, changing the qualification requirements for charitable organizations that conduct bingo or lucky 7. (Sen. Boyce, Dist 4; Rep. Boyce, Belk 5: Ways and Means)

SB 104, relative to regional approaches to instream flow preservation. (Sen. Francoeur, Dsit 14; Sen. Flanders, Dist 7; Sen. Johnson, Dist 3; Sen. Eaton, Dist 10; Sen. Prescott, Dist 19; Sen. D’Allesandro, Dist 20; Rep. Herman, Hills 13; Rep. Calawa, Hills 17;: Environment)

SB 105, relative to instream flow plan requirements. (Sen. Francoeur, Dist 14; Sen. Flanders, Dist 7; Sen. Johnson, Dist 3; Sen. Eaton, Dist 10; Sen. Prescott, Dist 19; Sen. D’Allesandro, Dist 20; Rep. Whalley, Merr 5; Rep. Calawa, Hills 17: Environment)

SB 106, relative to consumers’ cooperative associations. (Sen. Below, Dist 5; Rep. Owen, Merr 6: Banks)

SB 107-FN, relative to violations of motor vehicle laws by foreign diplomatic and consular officers. (Sen. Gordon, Dist 2; Sen. Eaton, Dist 10; Rep. Packard, Rock 29: Transportation)

SB 108, relative to the definition of "funeral home." (Sen. Eaton, Dist 10; Sen. Johnson, Dist 3; Sen. Gatsas, Dist 16; Rep. Clegg, Hills 23; Rep. Avery, Ches 8: Internal Affairs)

SB 109, implementing certain federal regulations relative to setting minimum requirements for employee benefit plan procedures pertaining to the filing of benefit claims, notification of benefit determinations, and appeal of adverse benefit determinations. (Sen. Wheeler, Dist 21; Rep. M. Fuller Clark, Rock 36: Insurance)

SB 110-FN-A, extending the kindergarten construction program. (Sen. O’Hearn, Dist 12; Sen. Johnson, Dist 3; Sen. McCarley, Dist 6; Sen. Larsen, Dist 15; Rep. Burling, Sull 1; Rep. Leishman, Hills 13; Rep. Estabrook, Straf 8: Education)

SB 111-FN, extending the term for the payment of group health insurance premiums for certain retired members of the retirement system. (Sen. Klemm, Dist 22; Sen. Hollingworth, Dist 23; Sen. McCarley, Dist 6: Insurance)

SB 112, relative to voter registration forms. (Sen. Gordon, Dist 2; Sen. Eaton, Dist 10; Rep. Alger, Graf 9; Rep. Dudley, Graf 14: Public Affairs)

SB 113, relative to the sharing of consideration paid to persons licensed under the real estate practice act. (Sen. Larsen, Dist 15; Rep. Poulin, Merr 14: Executive Departments and Administration)

SB 114, establishing a commission to study the nomination and appointment of judges. (Sen. Pignatelli, Dist 13; Sen. Barnes, Dist 17; Sen. Below, Dist 5; Sen. Cohen, Dist 24; Sen. Francoeur, Dist 14; Sen. Hollingworth, Dist 23; Sen. Larsen, Dist 15; Sen. Roberge, Dist 9; Sen. Wheeler, Dist 21; Rep. Leishman, Hills 13; Rep. J. Pratt, Ches 2; Rep. Rowe, Hills 14: Judiciary)

SB 115-FN, granting a cost of living adjustment to certain retired group II firefighters. (Sen. Wheeler, Dist 21; Sen. McCarley, Dist 6; Sen. O’Hearn, Dist 12; Rep. M. Fuller Clark, Rock 36: Executive Departments and Administration)

SB 116-FN, relative to motor vehicle offenses which result in the death or serious bodily injury of another. (Sen. Cohen, Dist 24; Rep. Welch, Rock 18: Judiciary)

SB 117, relative to extended school year services for educationally disabled children. (Sen. O’Hearn, Dist 12: Education)

SB 118, relative to individual health insurance coverage. (Sen. Francoeur, Dist 14; Sen. Klemm, Dist 22; Sen. Burns, Dist 1; Sen. D’Allesandro, Dist 20; Sen. Flanders, Dist 7; Rep. Downing, Rock 26; Rep. Herman, Hills 13; Rep. Francoeur, Rock 22: Insurance)

SB 119, relative to small group health insurance coverage. (Sen. Francoeur, Dist 14; Sen. Klemm, Dist 22; Sen. Burns, Dist 1; Sen. Flanders, Dist 7; Sen. D’Allesandro, Dist 20; Rep. Francoeur, Rock 22; Rep. Herman, Hills 13; Rep. Greco, Merr. 12; Rep. Downing, Rock 26: Insurance)

SB 120, relative to tip pooling for certain hourly employees. (Sen. Francoeur, Dist 14; Sen. Hollingworth, Dist 23; Sen. Eaton, Dist 10; Sen. Prescott, Dist 19; Sen. Barnes, Dist 17; Rep. Clegg, Hills 23; Rep. Goley, Hills 37: Executive Departments and Administration)

SB 121, relative to the advisory committee on international trade. (Sen. Cohen, Dist 24; Sen. Johnson, Dist 3; Sen. Larsen, Dist 15; Rep. Norelli, Rock 31; Rep. Langley, Rock 24: Energy and Economic Development)

SB 122-FN, relative to the license to carry a weapon. (Sen. Boyce, Dist 4; Sen. Prescott, Dist 19: Judiciary)

SB 123, establishing a committee to study how information regarding private individuals is obtained, maintained, and employed by the division of children, youth and families. (Sen. Gordon, Dist 2; Sen. Francoeur, Dist 14; Sen. McCarley, Dist 6; Rep. Arnold, Hills 20; Rep. Grassie, Straf 19; Rep. K. Hutchinson, Rock 29: Public Institutions, Health and Human Services)

SB 124, relative to confidentiality of hearings in abuse and neglect proceedings. (Sen. Gordon, Dist 2; Rep. Bickford, Straf 1; Rep. Grassie, Straf 19; Rep. Arnold, Hills 20; Rep. K. Hutchinson, Rock 29: Judiciary)

 

SB 125-FN, relative to election of optional allowances by retirement system members granted disability retirement and relative to an exception to the 120-day requirement for payment of compensation. (Sen. Wheeler, Dist 21; Rep. Pepino, Hills 40; Rep. L. Fraser, Merr 9: Insurance)

SB 126, relative to the use of certain credit data in underwriting certain insurance policies. (Sen. Gordon; Dist 2; Sen. Hollingworth, Dist 23; Sen. Eaton, Dist 10; Rep. Dickinson, Carr 2: Insurance)

SB 127, relative to stress-related injuries under workers’ compensation. (Sen. Francoeur, Dist 14; Sen. Prescott, Dist 19; Sen. Roberge, Dist 9; Sen. Eaton, Dist 10; Sen. Flanders, Dist 7; Sen. Johnson, Dist 3; Sen. Burns, Dist 1; Sen. Barnes, Dist 17; Rep. Clegg, Hills 23: Insurance)

SB 128, relative to stress injuries under the workers’ compensation law. (Sen. Hollingworth, Dist 23: Insurance)

CACR 12, relating to the term of office for governor.Providing that: beginning with the 2004 general election, there shall be a 4-year term of office for governor. (Sen. Wheeler, Dist 21; Sen. Below, Dist 5; Sen. Cohen, Dist 24; Sen. D’Allesandro, Dist 20; Sen. Disnard, Dist 8; Sen. Eaton, Dist 10; Sen. Fernald, Dist 11; Sen. Hollingworth, Dist 23; Sen. Larsen, Dist 15; Sen. McCarley, Dist 6; Sen. O’Neil, Dist 18; Rep. Buckley, Hills 44; Rep. Clemons, Hills 31; Public Affairs)

CACR 13, relating to terms for state senators. Providing that beginning beginning with the 2004 general election, there shall be 4-year terms of office for state senators. (Sen. Wheeler, Dist 21; Sen. Below, Dist 5; Sen. Cohen, Dist 24; Sen. D’Allesandro, Dist 20; Sen. Disnard, Dist 8; Sen. Fernald, Dist 11; Sen. Hollingworth, Dist 23; Sen. Larsen, Dist 15; Sen. O’Neil, Dist 18; Rep. Allen, Ches 7: Public Affairs)

CACR 16, relating to :procedure for nomination and review of judges. Providing that judges shall be nominated and selected by an independent commission and reviewed every 8 years thereafter. (Sen. Fernald, Dist 11; Sen. Cohen, Dist 24; Sen. Below,Dist 5: Judiciary)

 

LATE SESSION

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Thursday, February 15, 2001, at 10:00 a.m.

Adopted.

Adjournment.

SENATE

JOURNAL 4

February 15, 2001

The Senate met at 10:00 a.m.

A quorum was present.

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

Heavenly Father, preserve me this day from assuming that my opinion must be the same as what is true, and from thinking that what is popular is the same as what is right. Give me an inquiring and discerning mind and heart and spirit that I may choose today and always things that will blow us together and not apart. Amen.

Senator Boyce led the Pledge of Allegiance.

Senator Johnson is excused for the day due to illness.

INTRODUCTION OF GUESTS

Senate President's introduction of staff:

Interns:

Kara Blake

Robert Ganley

Yasmin DePaz

 

COMMITTEE REPORTS

SB 14, relative to the definition of "school" for the purpose of the universal service fund for schools and libraries. Education Committee. Vote 3-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2001-0150s

04/10

Amendment to SB 14

Amend RSA 189:25-a as inserted by section 1 of the bill by replacing it with the following:

189:25-a Universal Service Fund; Definition of "School." For the purpose of obtaining discounts pursuant to the universal service fund, otherwise known as "E-rate" discounts, as established by section 254 of the Telecommunications Act of 1996, "school" means any public or private elementary or secondary school, and any regional vocational educational school designated under RSA 188-E, including educational programs offered at such vocational educational schools for pre-kindergarten, adult education programs, and juvenile justice programs.

Amendment adopted.

Ordered to third reading.

 

SB 68, relative to school district placements of children living in foster homes. Education Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0110s

05/09

Amendment to SB 68

 

Amend RSA 193:28, I as inserted by section 2 of the bill by replacing it with the following:

I. The public schools of the school district that the child attended prior to placement, if continuing in the same school district is in the best interest of the child, if the home is within a reasonable distance of the school to be attended, and if suitable transportation can be arranged without imposing additional transportation costs on a school district or the department of health and human services; or

Amendment adopted.

Ordered to third reading.

 

SB 78, relative to the distribution of special education records to certain educationally disabled pupils. Education Committee. Vote 4-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2001-0112s

04/09

Amendment to SB 78

Amend RSA 186-C:11-a as inserted by section 1 of the bill by replacing it with the following:

186-C:11-a Educational Records. An educationally disabled pupil who is 18 years of age or older and is not yet 21 years of age shall, upon written request and at no cost to the pupil, receive copies of the pupil’s own educational records which may be on file in a school district. Such educational records may include academic records, teacher evaluations, progress reports or commentaries, or psychological evaluations. A pupil may direct such request for educational records to the superintendent of the school district or to the special education director of the school. All requests for educational records shall be fulfilled within 45 days of the date of the request.

2001-0112

AMENDED ANALYSIS

This bill provides that educationally disabled pupils ages 19 and 20 shall receive copies of their educational records within 45 days of a request for such records.

This bill is a request of the department of education.

Amendment adopted.

Ordered to third reading.

TAKEN OFF THE TABLE

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

Adopted.

Question is on the committee report of ought to pass.

Adopted.

Ordered to third reading.

 

SB 57, relative to the economic development matching grants program. Energy & Economic Development Committee. Vote 3-0. Ought to Pass, Senator Gatsas for the committee.

Adopted.

Ordered to third reading.

 

SB 89, establishing a committee to study methods of strengthening and clarifying the comprehensive shoreland protection act and its application. Environment Committee. Vote 3-0. Ought to Pass, Senator Cohen for the committee.

Adopted.

Ordered to third reading.

 

SB 93, establishing a committee to study the public health and environmental benefit of requiring stationary sources that burn virgin petroleum products or coal to comply with the requirements of the air toxic control act. Environment Committee. Vote 3-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-0155s

05/10

Amendment to SB 93

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

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

Amend the bill by replacing section 1 with the following:

1 Committee Established. There is established a committee to study the public health and environmental benefit of requiring stationary and mobile sources that burn virgin petroleum products or coal to comply with the requirements of RSA 125-I, the air toxic control act.

Amend the bill by replacing section 3 with the following:

3 Duties. The committee shall study the public health and environmental benefit of requiring stationary and mobile sources that burn virgin petroleum products or coal to comply with the requirements of RSA 125-I, the air toxic control act.

2001-0146s

AMENDED ANALYSIS

This bill establishes a 2-year committee to study the public health and environmental benefit of requiring stationary and mobile sources that burn virgin petroleum products or coal to comply with the requirements of the air toxic control act.

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

Adopted.

LAID ON THE TABLE

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

 

SB 17-FN, relative to accidental disability retirement benefits upon the death of a retired group II member. Finance Committee. Vote 4-0. Ought to Pass, Senator Hollingworth for the committee.

Adopted.

Ordered to third reading.

 

SB 72-FN, relative to payment of medical benefits costs for group II members of the retirement system. Finance Committee. Vote 4-0. Ought to Pass, Senator Eaton for the committee.

Senator Barnes moved to recommit.

Adopted.

SB 72-FN is recommitted to the Finance Committee.

 

SB 73-FN, relative to benefits awarded a surviving spouse of a police officer or firefighter killed in the line of duty. Finance Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

Senator Barnes moved to recommit.

Adopted.

SB 73-FN is recommitted to the Finance Committee.

HOUSE MESSAGE

The House of Representatives is ready to meet in Joint Convention for the purpose of hearing Governor Jeanne Shaheen deliver her budget address.

In recess for Joint Convention.

Out of recess.

SB 108, relative to the definition of "funeral home." Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator O'Neil for the committee.

Adopted.

Ordered to third reading.

SB 18, relative to termination of small trusts. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Ordered to third reading.

SB 26, relative to probate court procedures regarding adoptions. Judiciary Committee. Vote 3-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Ordered to third reading.

SB 44, relative to false academic documentation. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0147s

01/03

Amendment to SB 44

Amend the bill by replacing section 2 with the following:

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

Amendment adopted.

Ordered to third reading.

 

SB 19, establishing a committee to study prevention of voter fraud. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Roberge for the committee.

Senator Barnes moved the question.

Adopted.

Question is on the motion of ought to pass.

A roll call was requested by Senator Hollingworth.

Seconded by Senator Wheeler.

The following Senators voted Yes: Burns, Gordon, Boyce, Below, McCarley, Flanders, Disnard, Roberge, Eaton, Fernald, O'Hearn, Pignatelli, Francoeur, Larsen, Gatsas, Barnes, O'Neil, Prescott, D'Allesandro, Wheeler, Klemm, Hollingworth, Cohen.

The following Senators voted No:

Yeas: 23 - Nays: 0

Motion adopted.

Ordered to third reading.

 

SB 37, extending the reporting date for the committee studying prescription drug access. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

Adopted.

Ordered to third reading.

SB 55, creating a commission to study the youth development center. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-0136s

05/01

Amendment to SB 55

 

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

AN ACT creating a commission to study the need for and location of architecturally secure facilities and community shelter care facilities to service juveniles.

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

1 Purpose. With the exception of basic maintenance and emergency repairs, limited funds have been expended in the last several years to maintain and improve the facilities operated by the department of youth development services. During this period, the state has experienced growth in its juvenile justice caseload, which has placed pressures on the facilities operated by the department of youth development services, particularly the youth detention services unit, and the shelter care facilities operated by private providers under contract with the division for children, youth and families. In 1997 an architectural study of the facilities at the youth development center was completed. In 1998, 1999, and 2001, the general court examined a number of bills to create juvenile facilities in other parts of the state. Under the Violent Offender and Truth in Sentencing Act, federal funds may be available for the renovation and/or construction of certain types of facilities for juveniles. The general court believes it is time to take a comprehensive look at the need for and location of architecturally secure facilities and community shelter care facilities for juveniles and to develop a plan to address these needs.

2 Commission Established. There is established a commission to study the need for and the location of architecturally secure facilities and community shelter care facilities to serve juveniles.

3 Membership and Compensation.

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

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

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

(c) The commissioner of the department of youth development services, or designee.

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

(e) The commissioner of the department of administrative services, or designee.

(f) The attorney general, or designee.

(g) A district court judge who routinely hears juvenile delinquency petitions, appointed by the administrative justice of the district courts.

(h) An attorney experienced in representing juveniles in delinquency proceedings, appointed by the New Hampshire Bar Association.

(i) A police officer or a police prosecutor experienced with police matters involving juveniles, appointed by the New Hampshire Police Chief's Association.

(j) A representative of county government, appointed by the New Hampshire Association of Counties.

(k) Two public members, appointed by the governor.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III. In performing its duties, the commission may solicit information from teachers, counselors, juvenile probation and parole officers, youth development center staff members, and members of the public who were placed at youth development center or whose children were placed at youth development center.

3 Duties. The commission shall:

I. Review the last 5 years of caseload/population and length of stay data for juveniles with the jurisdiction of the division for children, youth and families pursuant to RSA 169-B or 169-D, for juveniles placed at facilities managed by the department of youth development services, and for juveniles placed in the shelter care facilities.

II. Develop a plan to address the unmet needs for architecturally secure and community shelter care facilities and the programs provided at such facilities for the juveniles placed there.

III. Identify possible funding sources for the renovation of existing facilities, the construction of new facilities, and the ongoing operation of such facilities.

4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Five members of the commission shall constitute a quorum.

5 Report. The commission shall report its findings, which shall include any reports from any independent consultants, and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2001.

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

2001-0136s

AMENDED ANALYSIS

This bill establishes a commission to study the need for and location of architecturally secure facilities and community shelter care facilities to serve juveniles.

Amendment adopted.

Ordered to third reading.

 

SB 123, establishing a committee to study how information regarding private individuals is obtained, maintained, and employed by the division of children, youth and families. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator McCarley for the committee.

Adopted.

Ordered to third reading.

 

SB 84, relative to funeral processions. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-0127s

10/04

Amendment to SB 84

Amend RSA 256:156, II as inserted by section 1 of the bill by replacing it with the following:

II. All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe. Each vehicle of the funeral procession shall be appropriately marked by having headlights, taillights, and, if so equipped, hazard flasher on. The funeral lead vehicle, funeral escort vehicle, and funeral procession vehicles may use funeral pennants or flags, or windshield signage. A funeral escort or funeral lead vehicle may use and be equipped with an amber or purple flashing or emergency light.

Amendment adopted.

Ordered to third reading.

 

SB 107-FN, relative to violations of motor vehicle laws by foreign diplomatic and consular officers. Transportation Committee. Vote 3-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

 

SB 28, permitting disclosure of final decisions of the commissioner of revenue administration. Ways and Means Committee. Vote 4-0. Ought to Pass, Senator D'Allesandro for the committee.

Adopted.

Ordered to third reading.

SB 58, revising the requirements for a license as a bingo supplies or lucky 7 tickets distributor. Ways and Means Committee. Vote 6-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-0096s

10/04

Amendment to SB 58

Amend the bill by replacing section 3 with the following:

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

Amendment adopted.

Ordered to third reading.

 

RESOLUTION

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 by this resolution, read a third time and that all titles be the same as adopted, and that they be passed at the present time.

Adopted.

ANNOUNCEMENTS

RESOLUTION

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.

Adopted.

 

LATE SESSION

Third Reading and Final Passage

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

SB 14, relative to the definition of "school" for the purpose of the universal service fund for schools and libraries.

SB 17-FN, relative to accidental disability retirement benefits upon the death of a retired group II member.

SB 18, relative to termination of small trusts.

SB 19, establishing a committee to study prevention of voter fraud.

SB 26, relative to probate court procedures regarding adoptions.

SB 28, permitting disclosure of final decisions of the commissioner of revenue administration.

SB 37, extending the reporting date for the committee studying prescription drug access.

SB 44, relative to false academic documentation.

SB 55, creating a commission to study the need for and location of architecturally secure facilities and community shelter care facilities to service juveniles.

SB 57, relative to the economic development matching grants program.

SB 58, revising the requirements for a license as a bingo supplies or lucky 7 tickets distributor.

SB 68, relative to school district placements of children living in foster homes.

SB 78, relative to the distribution of special education records to certain educationally disabled pupils.

SB 84, relative to funeral processions.

SB 89, establishing a committee to study methods of strengthening and clarifying the comprehensive shoreland protection act and its application.

SB 108, relative to the definition of "funeral home."

SB 123, establishing a committee to study how information regarding private individuals is obtained, maintained, and employed by the division of children, youth and families.

In recess to the Call of the Chair.