SENATE
JOURNAL 4 (cont.)
February 15, 2001
Out of Recess.
SB 129,
establishing a minimum age for issuing a license to carry a concealed pistol or revolver. (Sen. Cohen, Dist 24; Sen. Fernald, Dist 11; Sen. Larsen, Dist 15; Rep. Foster, Hills 10; Rep. Konys, Hills 33; Rep. M. Fuller Clark, Rock 36: Judiciary)SB 130-FN, extending the period in which an expired electrician’s license may be renewed. (Sen. O’Neil, Dist 18; Sen. Francoeur, Dist 14: Executive Departments and Administration)
SB 131-FN-A, authorizing the sweepstakes commission to allow and regulate multi-hall linked bingo games. (Sen. O’Neil, Dist 18; Rep. L. Fraser, Merr 9; Rep. Baroody, Hills 42; Rep. Clayton, Hills 39; Rep. Dickinson, Carr 2: Ways and Means)
SB 132, directing the department of health and human services to coordinate a comprehensive review of demographic trends in the New Hampshire population and the impact of such trends. (Sen. McCarley, Dist 6; Rep. Teschner, Graf 5: Public Institutions, Health and Human Services)
SB 133-FN-A, relative to Skyhaven airport and making an appropriation therefor. (Sen. McCarley, Dist 6; Sen. Gordon, Dist 2: Transportation)
SB 134-FN-A, establishing a 2-year pilot program to allow businesses to use their logos on business directional signs for an added fee, and creating a committee to evaluate the program and recommend legislation. (Sen. Johnson, Dist 3; Sen. Eaton, Dist 10: Transportation)
SB 135-FN-LOCAL, relative to kindergarten funding. (Sen. Below, Dist 5; Sen. Fernald, Dist 11; Sen. Flanders, Dist 7; Sen. McCarley, Dist 6; Sen. Gordon, Dist 2; Rep. Colcord, Merr 2; Rep. Brewster, Merr 1; Rep. Rodd, Merr 3: Education)
SB 136, establishing a commission to study the use of multi-disciplinary team investigations of child abuse and neglect allegations. (Sen. Larsen, Dist 15; Rep. Arnold, Hills 20; Rep. Pantelakos, Rock 30: Judiciary)
SB 137-FN, relative to statements to judges. (Sen. Below, Dist 5: Judiciary)
SB 138-FN-LOCAL, relative to the state’s responsibility to provide an adequate education. (Sen. Gordon, Dist 2; Sen. Johnson, Dist 3: Education)
SB 139, relative to uniform electronic transactions. (Sen. D’Allesandro, Dist 20: Internal Affairs)
SB 140-FN-LOCAL, relative to the formula for free and reduced-price lunches. (Sen. Below, Dist 5: Education)
SB 141, relative to proof of qualifications for voter registration. (Sen. Francoeur, Dist 14; Sen. Flanders, Dist 7: Public Affairs)
SB 142-FN, relative to the collection of debts owed to the state. (Sen. Roberge, Dist 9; Sen. D’Allesandro, Dist 20; Rep. C. Hall, Hills 18; Rep. C. Christensen, Hills 18; Rep. Fields, Hills 18; Rep. R. L’Heureux, Hills 18; Rep. Gonzales, Hills 48: Ways and Means)
SB 143-FN, regulating home improvement contractors. (Sen. Pignatelli, Dist 13; Sen. Roberge, Dist 9; Sen. O’Neil, Dist 18; Rep. Calawa, Hills 17: Executive Departments and Administration)
SB 144-L, increasing bail commissions' fees. (Sen. D’Allesandro, Dist 20; Rep. Buckley, Hills 4; Rep. Downing, Rock 26; Rep. McGuire, Rock 26; Rep. Clayton, Hills 39: Executive Departments and Administration)
SB 145, relative to the length of stay of patients in ambulatory surgical facilities owned in whole or in part by a hospital. (Sen. D’Allesandro, Dist 20; Sen. Gatsas, Dist 16; Sen. Roberge, Dist 9; Sen. O’Neil, Dist 18; Rep. Martel, Hills 45; Rep. M. Fuller Clark, Rock 36; Rep. P. Katsakiores, Rock 13; Rep. Wendelboe, Belk 2: Insurance)
SB 146, relative to personal watercraft. (Sen. Johnson, Dist 3; Sen. Gordon, Dist 2; Sen. Cohen, Dist 24; Rep. Quimby, Carr 10; Rep. Dickinson, Carr 2; Rep. Rush, Merr 12: Wildlife and Recreation)
SB 147, relative to the calculation of stumpage value in determining the timber tax assessment. (Sen. Gordon, Dist 2; Sen. Burns, Dist 1; Rep. Gabler, Graf 8: Ways and Means)
SB 148, relative to certain penalties for violations of the youth tobacco laws. (Sen. Wheeler, Dist 21; Sen. Larsen, Dist 15; Rep. Hunt, Ches 10; Rep. Dalrymple, Rock 26; Rep. Richardson, Ches 12; Rep. Avery, Ches 8; Rep. Flora, Hills 15: Judiciary)
SB 149-FN, permitting limited access to motor vehicle records for certain research purposes. (Sen. Wheeler, Dist 21; Sen. Below, Dist 5: Transportation)
SB 150, relative to community services for persons with developmental disabilities. (Sen. O’Hearn, Dist 12; Sen. Wheeler, Dist 21; Rep. Emerton, Hills 7; Rep. Batula, Hills 18: Public Institutions, Health and Human Services)
SB 151-FN-A, transferring and appropriating funds from the highway surplus account to the department of safety for additional staffing of evening and midnight patrols by current New Hampshire state troopers. (Sen. Eaton, Dist 10; Sen. Wheeler, Dist 21; Sen. Hollingworth, Dist 23; Sen. O’Hearn, Dist 12; Sen. Gordon, Dist 2; Sen. O’Neil, Dist 18; Sen. Johnson, Dist 3; Sen. Gatsas, Dist 16; Rep. Packard, Rock 29; Rep. Bartlett, Belk 6; Rep. Fairbanks, Ches 18; Rep. Burling, Sull 1; Rep. Chandler, Carr 1;: Transportation)
SB 152-FN, relative to the regulation of business practices between motor vehicle manufacturers, distributors, and dealers. (Sen. Eaton, Dist 10; Sen. D’Allesandro, Dist 20; Rep. Packard, Rock 29: Transportation)
SB 153-FN-LOCAL, relative to adjustments to educational adequacy grants. (Sen. Below, Dist 5: Education)
SB 154-FN, requiring criminal records check prior to the sale or transfer of firearms. (Sen. Wheeler, Dist 21; Sen. Cohen, Dist 24; Rep. Konys, Hills 33; Rep. M. Fuller Clark, Rock 36: Judiciary)
SB 155-LOCAL, limiting the liability of teachers and other educational employees. (Sen. Prescott, Dist 19; Rep. Alger, Graf 9: Education)
HOUSE MESSAGE
The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:
HB 103, relative to the possession of deadly weapons by convicted felons or during the commission or attempted commission of a violent crime.
HB 122-FN, relative to euthanizing repeatedly vicious dogs.
HB132-FN, relative to the damage or destruction of an emergency vehicle or emergency services equipment.
HB 143, establishing a committee to address the problem created by the shortage of health care personnel and support staff in New Hampshire.
HB 146, requiring any driver to have headlights on when continuously operating windshield wipers during inclement weather.
HB 166, establishing a committee to study gas and hazardous substance pipeline safety.
HB 167, relative to the authority of the consumer advocate.
HB 168, relative to transfers of ownership of cemetery plots or burial spaces.
HB 193, establishing a committee to study state payments for court-ordered placements of special education pupils.
HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws.
HB 232, relative to compensability of work-related stress injuries under the workers’ compensation act.
HB 233, amending the duties of the oversight committee for the severely developmentally disabled.
HB 238, relative to interstate banking.
HB 240, requiring the department of health and human services to develop a plan reducing the number of persons awaiting certain services for developmental disabilities.
HB 296-FN, relative to receiving stolen property.
HB 433, clarifying the duties of the oversight committee on health and human services.
HCR 4, encouraging New Hampshire Public Radio to extend its broadcast signal to all of Coos county including the Connecticut River Valley area.
INTRODUCTION OF HOUSE BILLS
Senator Francoeur offered the following Resolution:
RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 103-HCR 4 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.
Adopted.
First and Second Reading and Referral
HB 103, relative to the possession of deadly weapons by convicted felons or during the commission or attempted commission of a violent crime. (Judiciary)
HB 122-FN, relative to euthanizing repeatedly vicious dogs. (Wildlife and Recreation)
HB132-FN, relative to the damage or destruction of an emergency vehicle or emergency services equipment. (Judiciary)
HB 143, establishing a committee to address the problem created by the shortage of health care personnel and support staff in New Hampshire. (Public Institutions, Health and Human Services Committee)
HB 146, requiring any driver to have headlights on when continuously operating windshield wipers during inclement weather. (Transportation)
HB 166, establishing a committee to study gas and hazardous substance pipeline safety. (Environment)
HB 167, relative to the authority of the consumer advocate. (Energy and Economic Development)
HB 168, relative to transfers of ownership of cemetery plots or burial spaces. (Internal Affairs)
HB 193, establishing a committee to study state payments for court-ordered placements of special education pupils. (Education)
HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws. (Transportation)
HB 232, relative to compensability of work-related stress injuries under the workers’ compensation act. (Insurance)
HB 233, amending the duties of the oversight committee for the severely developmentally disabled. (Public Institutions, Health and Human Services)
HB 238, relative to interstate banking. (Banks)
HB 240, requiring the department of health and human services to develop a plan reducing the number of persons awaiting certain services for developmental disabilities. (Public Institutions, Health and Human Services)
HB 296-FN, relative to receiving stolen property. (Judiciary)
HB 433, clarifying the duties of the oversight committee on health and human services. (Public Institutions, Health and Human Services)
HCR 4, encouraging New Hampshire Public Radio to extend its broadcast signal to all of Coos county including the Connecticut River Valley area. (Energy and Economic Development)
LATE SESSION
Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Thursday, February 22, 2001, at 10:15 a.m.
Adopted.
Adjournment.
SENATE
JOURNAL 5
February 22, 2001
The Senate met at 10:15 a.m.
A quorum was present.
The prayer was offered by the Rev. David P. Jones, Senate Chaplain.
Lord of all, make us brave and kind, determined and gentle, focused and open, prudent and caring, wise and humble. If you can pull half of that off, we will all be in pretty good shape. Amen.
Senator Below led the Pledge of Allegiance.
INTRODUCTION OF GUESTS
HOUSE MESSAGE
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 763-L, relative to obligations of county governments.
SUSPENSION OF THE RULES
Senator Boyce moved that the rules of the Senate be so far suspended as to allow HB 763-L, to be introduced into the Senate without a reference to committee.
HB 763-L, relative to obligations of county governments.
Adopted by the necessary 2/3 vote.
SUSPENSION OF THE RULES
Senator Boyce moved that the rules of the Senate be so far suspended as to notice in the calendar of a hearing, the holding of a hearing, a committee report, and that HB 763-L, be before us at the present time.
HB 763-L, relative to obligations of county governments.
Adopted by the necessary 2/3 vote.
Senator Hollingworth moved ought to pass.
A roll call was requested by Senator Barnes.
Seconded by Senator Wheeler.
The following Senators voted Yes: Burns, Gordon, Johnson, 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: 24 - Nays: 0
Adopted.
SUSPENSION OF THE RULES
Senator Boyce moved that the rules of the Senate be so far suspended and that HB 763-L, be ordered to third reading and passed at the present time.
HB 763-L, relative to obligations of county governments.
Adopted by the necessary 2/3 vote.
Ordered to third reading.
COMMITTEE REPORTS
SB 88-FN-A, establishing a travel and tourism development fund in the department of resources and economic development and making an appropriation therefor. Energy and Economic Development Committee. Vote 4-0. Ought to Pass, Senator Gatsas for the committee.
Adopted.
Referred to the Finance Committee (Rule #24).
SB 121, relative to the advisory committee on international trade. Energy and Economic Development Committee. Vote 3-0. Ought to Pass, Senator Cohen for the committee.
Adopted.
Ordered to third reading.
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. Environment Committee. Vote 3-0. Ought to pass with amendment, Senator Cohen for the committee.
2001-0195s
03/09
Amendment to SB 66-FN-A
Amend the title of the bill by replacing it with the following:
AN ACT relative to appropriations to the port authority for dredging projects.
Amend the bill by replacing all after the enacting clause with the following:
1 1991 Appropriation; Port Authority; Dredging Projects. Amend 1991, 351:5, as amended by 1992, 260:20, 1994, 204:1, 2000, 15:1, and 2000, 292:10 to read as follows:
351:5 Appropriation; Port Authority. The expansion of the Port of Portsmouth funded in this section shall include an 11-acre expansion of the north yard of the port, the construction of a 750-foot pier, dredging projects including associated mitigation to maintain channels and harbor, a hydrodynamic study of Hampton and Seabrook, renovation of any commercial fish piers that may be transferred to the port authority, and the rip-rap project on River Street in Seabrook. The sums hereinafter detailed are hereby appropriated for the project specified:
A. Port of Portsmouth Expansion $18,300,000
Total state appropriation section 5 $18,300,000
(The funds appropriated in subparagraph A for the Port of Portsmouth expansion shall not be expended, encumbered, or obligated in any way unless an action plan, which shall include construction documents, prepared by the New Hampshire Port Authority shall be approved by the capital budget overview committee, the fiscal committee, and the governor and council. $1,500,000 of the total amount appropriated herein is hereby released for the purpose of final design and bid documents. $1,800,000 of the total amount appropriated is designated for wetland mitigation. $400,000 of the total amount appropriated is designated for the Hampton-Seabrook hydrodynamic study. The remaining $14,600,000 is designated for construction, renovation, and dredging projects including associated mitigation. This appropriation shall be nonlapsing until the project is completed. The New Hampshire Port Authority shall not encumber, obligate, or expend any funds from this appropriation for renovation or dredging projects without the prior approval of the capital budget overview committee. The total amount that may be expended for renovation and dredging projects including associated mitigation shall not exceed a total of [$1,000,000] $2,300,000.)
2 Effective Date. This act shall take effect upon its passage.
2001-0195s
AMENDED ANALYSIS
This bill increases the amount of money from an appropriation to the port authority which may be expended for renovation and dredging projects including associated mitigation.
Amendment adopted.
Referred to the Finance Committee (Rule #24).
SB 20, relative to possessory actions instituted on the basis of nonpayment of rent. Executive Department and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator Larsen for the committee.
2001-0226s
09/01
Amendment to SB 20
Amend the bill by replacing section 1 with the following:
1 New Paragraph; Appeals of Possessory Action by Defendant; Landlord’s Motion for Recovery of Rent Paid to Court. Amend RSA 540:25 by inserting after paragraph I the following new paragraph:
I-a. At any time during the pendency of the appeal, the landlord may file a motion for recovery of the rent money that has been paid into court pursuant to paragraph I. The court shall grant such motion unless the tenant objects and the court rules that the landlord is not lawfully entitled to the full amount of rent. If the court rules that the landlord is not entitled to the full amount of the rent, it shall release such portion of the rent to which the court deems the landlord is lawfully entitled, if any, and make specific findings in support of its decision to deny or partially deny the landlord’s motion. The rent money retained by the court shall be apportioned between the landlord and the tenant upon final disposition of the appeal.
2001-0226s
AMENDED ANALYSIS
This bill allows a landlord to file a motion for recovery of rent money paid into court in a possessory action where the tenant appeals.
Amendment adopted.
Ordered to third reading.
SB 21, establishing a commission to develop recommendations for legislation to reduce regulatory barriers to the creation of affordable housing. Executive Department and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator D'Allesandro for the committee.
2001-0223s
05/01
Amendment to SB 21
Amend the bill by replacing section 3 with the following:
3 Membership.
I. The members of the commission shall be as follows:
(a) Two members of the senate, appointed by the senate president.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(c) Three public members, appointed by the governor.
(d) The executive director of the New Hampshire Municipal Association, or designee.
(e) The executive director of the New Hampshire Home Builders Association, or designee.
(f) The executive director of the office of state planning, or designee.
(g) The executive director of the New Hampshire housing finance authority, or designee.
(h) The executive director of the New Hampshire Realtors Association, or designee.
(i) The chair of a town board of selectmen, appointed by the senate president.
(j) The executive director of a community-based, non-profit housing developer, appointed by the governor.
(k) The president of the New Hampshire Manufactured Housing Association, or designee.
(l) A professional planner from a regional planning commission, appointed by the speaker of the house.
(m) The president of the New Hampshire community loan fund, or designee.
(n) The president of the New Hampshire Property Owners Association, or designee.
(o) The mayor of a city or designee, appointed by the senate president.
(p) The commissioner of the department of health and human services, or designee.
(q) A town selectman, or designee, appointed by the senate president.
(r) A president of a local chamber of commerce, or designee, appointed by the governor.
Amendment adopted.
Ordered to third reading.
SB 38-FN, relative to increasing the compensation of the public employee labor relations board. Executive Department and Administration Committee. Vote 3-0. Inexpedient to Legislate, Senator Francoeur for the committee.
Committee report of inexpedient to legislate is adopted.
SB 97-FN, requiring the annual registration of manufactured housing parks. Executive Department and Administration Committee. Vote 4-1. Inexpedient to Legislate, Senator Prescott for the committee.
Senator Prescott moved to have SB 97-FN, requiring the annual registration of manufactured housing parks, laid on the table.
Adopted.
LAID ON THE TABLE
SB 97-FN, requiring the annual registration of manufactured housing parks.
SB 98, relative to notice requirements prior to the sale of manufactured housing parks. Executive Department and Administration Committee. Vote 3-2. Inexpedient to Legislate, Senator D'Allesandro for the committee.
Senator D’Allesandro moved to have SB 98, relative to notice requirements prior to the sale of manufactured housing parks, laid on the table.
Adopted.
LAID ON THE TABLE
SB 98, relative to notice requirements prior to the sale of manufactured housing parks.
SB 99, relative to the exemption from the community benefits law for charitable trusts. Executive Department and Administration Committee. Vote 3-0. Ought to pass with amendment, Senator Prescott for the committee.
2001-0187s
01/10
Amendment to SB 99
Amend the bill by replacing section 2 with the following:
2 Effective Date. This act shall take effect upon its passage.
Senator Fernald moved to recommit.
A roll call was requested by Senator Barnes.
Seconded by Senator McCarley.
The following Senators voted Yes: Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O’Neil, D’Allesandro, Wheeler, Hollingworth, Cohen.
The following Senators voted No: Burns, Gordon, Johnson, Boyce, Flanders, Roberge, Eaton, O’Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.
Yeas: 11 - Nays: 13
Motion failed.
Senator D’Allesandro moved to have SB 99, relative to the exemption from the community benefits law for charitable trusts, laid on the table.
A roll call was requested by Senator Barnes.
Seconded by Senator Wheeler.
The following Senators voted Yes: Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O’Neil, D’Allesandro, Wheeler, Hollingworth, Cohen.
The following Senators voted No: Burns, Gordon, Johnson, Boyce, Flanders, Roberge, Eaton, O’Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.
Yeas: 11 - Nays: 13
Motion failed.
Senator Barnes moved the question.
Adopted.
Question is on the adoption of the committee amendment.
Amendment adopted.
Senator Wheeler offered a floor amendment.
2001-0231s
01/09
Floor Amendment to SB 99
Amend the bill by replacing all after the enacting clause with the following:
Effective Date Extended. Notwithstanding the effective date of RSA 7:32-j as inserted by 2000, 312:2, health care charitable trusts shall not be required to comply with RSA 7:32-j until January 1, 2002.
2 Effective Date. This act shall take effect upon its passage.
2001-0231s
AMENDED ANALYSIS
This bill allows health care charitable trusts until January 1, 2002 to comply with a certain law.
Question is in the adoption of the floor amendment.
Division vote is requested.
Yeas: 12 – Nays: 12
Floor amendment failed.
Question is on the ordering to third reading.
A roll call was requested by Senator Francoeur.
Seconded by Senator Burns.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Below, Flanders, Disnard, Roberge, Eaton, O’Hearn, Francoeur, Larsen, Gatsas, Barnes, O’Neil, Prescott, Klemm, Hollingworth.
The following Senators voted No: McCarley, Fernald, Pignatelli, D’Allesandro, Wheeler, Cohen.
Yeas: 18 - Nays: 6
Adopted.
Ordered to third reading.
SB 115-FN, granting a cost of living adjustment to certain retired group II firefighters. Executive Department and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator D'Allesandro for the committee.
2001-0227s
10/01
Floor Amendment to SB 115-FN
Amend paragraph I of section 1 of the bill by replacing it with the following:
I. As of January 1, 2001, all group II permanent firemen beneficiaries of the New Hampshire retirement system or its predecessor systems who retired on or before July 1, 1994, and who are receiving retirement allowances according to RSA 100-A or RSA 102 shall receive a supplemental allowance of 5 percent.
Amendment adopted.
Referred to the Finance Committee (Rule #24).
SB 120, relative to tip pooling for certain hourly employees. Executive Department and Administration Committee. Vote 4-0. Ought to Pass, Senator Francoeur for the committee.
Adopted.
Ordered to third reading.
SB 10, relative to the transcription of hearings before standing committees of the senate. Internal Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Boyce for the committee.
Senator Boyce moved to recommit.
Adopted.
SB 10 is recommitted to the Internal Affairs Committee.
SB 61, establishing a procedure for summary administration of estates. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Fernald for the committee.
2001-0149s
01/03
Amendment to SB 61
Amend RSA 553:32, III as inserted by section 1 of the bill by replacing it with the following:
III.(a) A motion for summary administration shall contain a statement of the administrator under oath that:
(1) The estate of the decedent has been open for at least 6 months.
(2) To the best of the knowledge and belief of the administrator there are no outstanding debts, obligations, or unpaid or unresolved claims attributable to the deceased’s estate.
(3) No New Hampshire estate or inheritance taxes are due, or all applicable New Hampshire estate and inheritance taxes have been paid, and a certificate from the department of revenue administration under RSA 86:32 has been filed with the court.
(4) No federal estate tax is due, or the federal estate tax return has been filed and all taxes reported thereon have been paid.
(5) Court supervision of the administration of the estate is no longer necessary.
(6) The administration of the estate will be completed without further court supervision in accordance with the decedent’s will and applicable law.
(b) The administrator shall attach to the motion either receipts or assents from all specific legatees, and assents from all other persons beneficially interested, as defined in RSA 550:12. The assents shall state that the beneficially interested person:
(1) Agrees that further court supervision of the administration of the estate is no longer necessary;
(2) Does not request a final accounting; and
(3) Requests that the motion for summary administration be granted.
Amendment adopted.
Ordered to third reading.
SB 63, relative to administration of estates and filing of wills by executors. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.
2001-0151s
01/04
Amendment to SB 63
Amend RSA 553:31, IV as inserted by section 2 of the bill by replacing it with the following:
IV. An executor or voluntary administrator appointed under this section shall file a statement of administration, and the estate shall be closed, no earlier than [90] 60 days, nor later than [6 months] 90 days, from the date of the probate court’s approval of the original [affidavit] petition unless, upon [petition] motion and good cause shown, the court grants an extension of further time for completion of administration. An executor or voluntary administrator shall file a statement of administration within 90 days after the required filing date, or be in default. The register of probate shall give notice of the default to the executor or voluntary administrator by first class mail within 10 days of the default. The register of probate shall issue a citation notice in accordance with RSA 548:5-a. The statement of administration shall set forth all assets and income received and all disbursements and expenditures made during the course of administration. The executor or voluntary administrator shall distribute any balance in hand to legatees or heirs after receiving approval by the court.
Amendment adopted.
Ordered to third reading.
SB 75, relative to physicians who make a report when a person is unfit to drive a motor vehicle. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Pignatelli for the committee.
2001-0152s
10/09
Amendment to SB 75
Amend RSA 329:25-b as inserted by section 2 of the bill by replacing it with the following:
329:25-b Physician Immunity Regarding Reports of Patient Fitness to Drive. Persons authorized to practice medicine under this chapter or under the laws of any other state who make reports to the department of safety regarding a patient under their care whom they have reasonable cause to believe, in good faith, to be physically or mentally unfit to operate a motor vehicle, meaning that the patient’s operation of a motor vehicle poses an immediate threat to the safety or well being of themselves or others, shall be immune from any civil or criminal liability that might otherwise result by reason of their actions.
Amend RSA 329:26, II(c) as inserted by section 3 of the bill by replacing it with the following:
(c) The release of information to the department of safety regarding a patient whom the treating physician has reasonable cause to believe, in good faith, to be physically or mentally unfit to operate a motor vehicle, meaning that the patient’s operation of a motor vehicle poses an immediate damage to the safety or well being of themselves or others. The use and disclosure of such information shall be limited to official proceedings or actions of the department of safety.
Amendment adopted.
Senator Pignatelli offered a floor amendment.
2001-0230s
10/09
Floor Amendment to SB 75
Amend RSA 329:26, II(c) as inserted by section 3 of the bill by replacing it with the following:
(c) The release of information to the department of safety regarding a patient whom the treating physician has reasonable cause to believe, in good faith, to be physically or mentally unfit to operate a motor vehicle, meaning that the patient’s operation of a motor vehicle poses an immediate threat to the safety or well being of themselves or others. The use and disclosure of such information shall be limited to official proceedings or actions of the department of safety.
Floor amendment adopted.
Ordered to third reading.
SB 33, relative to the definition of "campsite". Wildlife and Recreation Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.
2001-0178s
09/01
Amendment to SB 33
Amend RSA 216-I:1, II as inserted by section 1 of the bill by replacing it with the following:
II. "Campsite" means a parcel of land [used] in a recreational campground or camping park rented for the placement of a tent, recreational vehicle, or a recreational camping cabin for the overnight use of its occupants.
2001-0178s
AMENDED ANALYSIS
This bill amends the definition of "campsite" to mean a parcel of land in a recreational campground or camping park rented for the placement of a tent, recreational vehicle, or a recreational camping cabin for the overnight use of its occupants.
Amendment adopted.
Ordered to third reading.
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 763, relative to obligations of county governments.
Senator Pignatelli moved adoption.
Adopted.
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
Senator Flanders (Rule #44).
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 20, relative to possessory actions instituted on the basis of nonpayment of rent.
SB 21, establishing a commission to develop recommendations for legislation to reduce regulatory barriers to the creation of affordable housing.
SB 33, relative to the definition of "campsite".
SB 61, establishing a procedure for summary administration of estates.
SB 63, relative to administration of estates and filing of wills by executors.
SB 75, relative to physicians who make a report when a person is unfit to drive a motor vehicle.
SB 99, relative to the exemption from the community benefits law for charitable trusts.
SB 120, relative to tip pooling for certain hourly employees.
SB 121, relative to the advisory committee on international trade.
In recess to the Call of the Chair.