HB 106, relative to honey products.

HB 117, establishing a committee to study the adoption of the uniform common interest ownership act.

HB 144, establishing a committee to study the CHINS process.

HB 163, establishing a committee to study opening the state house to the public on weekends.

HB 168, relative to transfers of ownership of cemetery plots or burial spaces.

HB 233, amending the duties of the oversight committee for the severely developmentally disabled.

Senator Pignatelli moved adoption.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 202-242 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 202, relative to the legislative ethics committee. Internal Affairs

HB 242, extending the reporting deadlines for certain study committees and commissions. Internal Affairs

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 351-FN-A-L, requiring the state to fully fund school building aid payments for fiscal year 2001 and making an appropriation therefor.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bill numbered 351 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 351-FN-A-L, requiring the state to fully fund school building aid payments for fiscal year 2001 and making an appropriation therefor. Finance

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 123-FN, relative to the retirement system classification for the director of the division of safety services, department of safety.

HB 208-FN, changing the license requirement for operators collecting the meals and rooms tax.

HB 311-FN-A, increasing the fees under the laws relative to sewage disposal systems to support a position at the department of environmental services to advocate for and implement long-term septage disposal solutions in partnership with New Hampshire municipalities.

HB 347-FN, relative to terminal pay for certain state officials or employees.

HB 453, establishing a 4-year term for the commissioner of the department of corrections.

HB 489, relative to the regulation of rural electric cooperatives by the public utilities commission and relative to transition and default service.

HB 570-FN, relative to the unemployment compensation law.

HB 594, establishing a committee to study the law on justification for the use of physical force and its implications for teachers or other persons entrusted with the care and supervision of minors.

HB 635, relative to family mutual support services.

HCR 10, supporting the electoral college.

HCR 13, calling on the President and the Congress to fully fund the federal government’s share of special education services in public elementary and secondary schools in the United States under the Individuals with Disabilities Education Act.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 123-HCR 13 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 123-FN, relative to the retirement system classification for the director of the division of safety services, department of safety. Executive Departments and Administration

HB 208-FN, changing the license requirement for operators collecting the meals and rooms tax. Ways and Means

HB 311-FN-A, increasing the fees under the laws relative to sewage disposal systems to support a position at the department of environmental services to advocate for and implement long-term septage disposal solutions in partnership with New Hampshire municipalities. Environment

HB 347-FN, relative to terminal pay for certain state officials or employees. Executive Departments and Administration

HB 453, establishing a 4-year term for the commissioner of the department of corrections. Executive Departments and Administration

HB 489, relative to the regulation of rural electric cooperatives by the public utilities commission and relative to transition and default service. Energy and Economic Development

HB 570-FN, relative to the unemployment compensation law. Insurance

HB 594, establishing a committee to study the law on justification for the use of physical force and its implications for teachers or other persons entrusted with the care and supervision of minors. Education

HB 635, relative to family mutual support services. Public Institutions, Health and Human Services

HCR 10, supporting the electoral college. Public Affairs

HCR 13, calling on the President and the Congress to fully fund the federal government’s share of special education services in public elementary and secondary schools in the United States under the Individuals with Disabilities Education Act. Education

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 101, relative to suspension of lobbyists for false statements or misrepresentation of material facts.

HB 141-L, relative to regulation of junk yards.

HB 164, relative to exceptions to the confidentiality of certain department of employment security records.

HB 210-FN, relative to the penalties for persons convicted of subsequent DWI offenses.

HB 271, relative to criminal liability for the conduct of another.

HB 362-FN, relative to the practice of veterinary medicine.

HB 396, relative to the practice of physicians and surgeons.

HB 408-FN, relative to the regulation of nursing by the board of nursing.

HB 426, relative to the voluntary scrapie flock certification program.

HB 448, relative to procedures for crews and provision of counseling services following a railway accident.

HB 459-FN, relative to inspection requirements for antique vehicles.

HB 475, establishing a commission for the development of a statewide protocol for interviewing victims of sexual assault crimes.

HB 499, making state-appointed advisory committees subject to the right-to-know law.

HB 553-FN-L, requiring background checks for nursing home employees.

HB 585, relative to the membership and duties of the council on resources and development.

HB 637-FN, requiring annual training for members of the workers’ compensation appeals board.

HB 648-FN, authorizing licensing of homeless youth programs.

HB 726-L, relative to change of school assignment and transfers of public school pupils.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 101-726 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 101, relative to suspension of lobbyists for false statements or misrepresentation of material facts. Internal Affairs

HB 141-L, relative to regulation of junk yards. Environment

HB 164, relative to exceptions to the confidentiality of certain department of employment security records. Executive Departments and Administration

HB 210-FN, relative to the penalties for persons convicted of subsequent DWI offenses. Judiciary

HB 271, relative to criminal liability for the conduct of another. Judiciary

HB 362-FN, relative to the practice of veterinary medicine. Executive Departments and Administration

HB 369, relative to driving in highway construction and maintenance areas. Transportation

HB 390, relative to the Born-Alive Infants Protection Act. Judiciary

HB 396, relative to the practice of physicians and surgeons. Public Institutions, Health and Human Services

HB 408-FN, relative to the regulation of nursing by the board of nursing. Executive Departments and Administration

HB 426, relative to the voluntary scrapie flock certification program. Wildlife and Recreation

HB 448, relative to procedures for crews and provision of counseling services following a railway accident. Executive Departments and Administration

HB 459-FN, relative to inspection requirements for antique vehicles. Transportation

HB 475, establishing a commission for the development of a statewide protocol for interviewing victims of sexual assault crimes. Judiciary

HB 499, making state-appointed advisory committees subject to the right-to-know law. Internal Affairs

HB 553-FN-L, requiring background checks for nursing home employees. Public Institutions, Health and Human Services

HB 585, relative to the membership and duties of the council on resources and development. Energy and Economic Development

HB 637-FN, requiring annual training for members of the workers’ compensation appeals board. Insurance

HB 648-FN, authorizing licensing of homeless youth programs. Public Institutions, Health and Human Services

HB 726-L, relative to change of school assignment and transfers of public school pupils. Education

Senator Francoeur moved that the business of the day being complete that the Senate now adjourn until

The Senate met at 10:15 a.m.

A quorum was present.

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

Senator Eaton led the Pledge of Allegiance.

SB 71, relative to the New Hampshire real estate practice act and the regulation of licenses by the real estate commission. Executive Departments and Administration Committee. Vote 3-0. Ought to pass with amendment, Senator Francoeur for the committee.

2001-0746s

08/09

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

AN ACT establishing a study committee relative to the regulation and compensation of persons licensed under the real estate practice act.

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

1 Committee Established. There is established a committee to study the regulation and compensation of persons licensed under the real estate practice act.

2 Membership and Compensation.

I. The members of the committee 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.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall assess possible changes to the real estate practice act regarding agents and agencies, and consider exceptions to prohibited payments by licensees. The committee shall review problems involving the real estate practice act, if any, and potential solutions.

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

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the senate clerk, speaker of the house of representatives, 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.

2001-0746s

AMENDED ANALYSIS

This bill creates a committee to study the regulation and compensation of persons licensed under the real estate practice act.

SB 113, relative to the sharing of consideration paid to persons licensed under the real estate practice act. Executive Departments and Administration Committee. Vote 3-0. Inexpedient to Legislate, Senator Francoeur for the committee.

SB 143-FN, regulating home improvement contractors. Executive Departments and Administration Committee. Vote 3-0. Ought to pass with amendment, Senator Flanders for the committee.

2001-0706s

08/01

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

AN ACT establishing a study committee relative to registering and regulating home improvement contractors.

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

1 Committee Established. There is established a committee to study registering and regulating home improvement contractors.

2 Membership and Compensation.

I. The members of the committee 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.

II. The committee may solicit information from any source the committee deems relevant to its study.

III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall study the issues relative to registering and regulating home improvement contractors.

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

5 Report. The committee shall report its findings 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, 2002.

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

2001-0706s

AMENDED ANALYSIS

This bill establishes a committee to study registering and regulating home improvement contractors.

HB 126-FN, relative to the board of pharmacy and the regulation of pharmacists. Executive Departments and Administration Committee. Vote 3-0. Ought to pass with amendment, Senator Francoeur for the committee.

2001-0742s

10/09

Amend the bill by deleting section 4 and renumbering the original sections 5-8 to read as 4-7, respectively.

2001-0742s

AMENDED ANALYSIS

This bill clarifies certain definitions and allows graduates of Canadian colleges of pharmacy to directly apply for examination and licensure.

Senator Eaton moved to have HB 126-FN, relative to the board of pharmacy and the regulation of pharmacists, laid on the table.

HB 126-FN, relative to the board of pharmacy and the regulation of pharmacists.

HB 228, relative to dealing in and possessing prescription drugs by podiatrists. Executive Departments and Administration Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

SB 111-FN, extending the term for the payment of group health insurance premiums for certain retired members of the retirement system. Finance Committee. Vote 4-1. Ought to Pass, Senator Hollingworth for the committee.

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. Finance Committee. Vote 4-1. Ought to Pass, Senator Hollingworth for the committee.

SB 10, relative to the transcription of hearings before standing committees of the senate. Internal Affairs Committee. Vote 3-1. Inexpedient to Legislate, Senator Boyce for the committee.

Senator D’Allesandro offered a floor amendment.

2001-0040s

10/04

Amendment to SB 10

Amend RSA 14:10-a as inserted by section 1 of the bill by replacing it with the following:

14:10-a Senate Committee Proceedings. The clerk of the senate shall employ staff to record and transcribe verbatim the proceedings of standing committees of the senate.

2001-0040s

AMENDED ANALYSIS

This bill requires that hearings before standing committees of the senate be transcribed by senate clerk staff.

Senator D’Allesandro moved to have SB 10, relative to the transcription of hearings before standing committees of the senate, laid on the table.

SB 10, relative to the transcription of hearings before standing committees of the senate.

SB 188-FN-L, relative to abatements and appeals of betterment assessments. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

HCR 9, urging the President of the United States to increase the administration’s efforts to mediate a peaceful resolution to the dispute in Cyprus between Turkey and the Republic of Cyprus. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator Boyce for the committee.

SB 30, establishing a committee to study the DNA database of sexual offenders. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Fernald for the committee.

2001-0704s

04/01

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

AN ACT relative to DNA testing of criminal offenders.

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

1 New Chapter; DNA Testing of Criminal Offenders. Amend RSA by inserting after chapter 651-B the following new chapter:

CHAPTER 651-C

DNA Testing of Criminal Offenders

I. CODIS means the Combined DNA Index System, the FBI’s national DNA identification index system.

II. Department means the department of safety.

III. Division means the division of state police, department of safety.

IV. DNA means deoxyribonucleic acid.

V. DNA record means the DNA identification information stored in the state DNA database or CODIS for the purposes of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the objective form of the DNA analysis test and may include numerical representation of DNA fragment lengths, digital images of autoradiographs, discrete allele assignment numbers, and similar characteristics obtained from a DNA sample which are of value in establishing the identity of individuals. A DNA record may not specify the presence, absence, or alteration of any gene or chromosome.

VI. DNA sample means a blood, tissue, or hair follicle sample provided by any person or submitted to the division pursuant to this subdivision for analysis or storage or both.

VII. FBI means the Federal Bureau of Investigation.

VIII. Juvenile sexual offender means a person who has been found delinquent because of actions which, if the person were an adult, would be crimes under subparagraph IX(a).

IX. Sexual offender means a person who has been convicted of any violation of:

(a) RSA 632-A:2, 632-A:3, or 632-A:4; or

(b) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (a).

(a) Capital murder under RSA 630:1.

(b) First degree or second-degree murder under RSA 630:1-a and 630:1-b, respectively.

(c) Manslaughter under RSA 630:2.

(d) First degree or second degree assault under RSA 631:1 and 631:2, respectively.

(e) Kidnapping under RSA 633:1.

(f) Burglary under RSA 635:1.

(g) Robbery under RSA 636:1.

(h) Attempt of any of the offenses listed in this section.

(i) The commission or attempted commission by a juvenile of any of the offenses listed in this section if such juvenile is certified for trial as an adult under RSA 169-B:24 or 169-B:25.

651-C:2 DNA Analysis Required.

I. Before the release of any sexual offender after conviction, or of any juvenile sexual offender after finding of delinquency, whether on probation, conditional or unconditional release, completion of sentence, or release for any other reason, such person shall have a DNA sample taken for analysis to determine identification characteristics specific to the person.

II. Any person convicted of the commission of a violent crime as defined in RSA 651-C:1, X shall, after conviction, have a DNA sample taken for analysis to determine identification characteristics specific to the person.

III. The analysis shall be performed under the direction of the division, following procedures in conformance with the federal DNA Identification Act of 1994. Identifying characteristics of the resulting DNA profile shall be stored and maintained by the division in a DNA database compatible with the CODIS system. Information in the database shall be made available only as provided in RSA 651-C:3.

IV. The division shall prescribe procedures compatible with the Federal Bureau of Investigation’s requirements for the CODIS program, to be used in the collection, submission, identification, analysis, storage, and disposition of DNA samples and records obtained pursuant to this subdivision.

V. The division may contract with third parties for the purposes of this subdivision. Any DNA sample sent to third parties for analysis shall be coded to maintain confidentiality concerning the donor of the sample.

VI. A certificate and the results of the analysis shall be admissible in any court as evidence of the facts stated in the analysis.

651-C:3 Dissemination of Information in DNA Database.

I. It shall be the duty of the division to receive DNA samples and to analyze, classify, and store the records of DNA samples submitted pursuant to this subdivision, and to make such information available to federal, state, and local law enforcement officers upon request made in furtherance of an official investigation of any criminal offense. Such law enforcement officers shall use such information only for the purposes of criminal investigations and prosecutions, or as necessary to the functions of an office of chief medical examiner. A request may be made by personal contact, mail, or electronic means. The name of the person making the request and the purpose for which the information is requested shall be maintained on file with the division.

II. The commissioner of the department of safety shall adopt rules under RSA 541-A to govern the methods of obtaining information from the state DNA database and CODIS and procedures for verification of the identity and authority of the requester.

III. Upon request, a copy of the request for a search shall be furnished to any person identified and charged with an offense as the result of a search of information in the database. Only when a DNA sample or record supplied by the person making the request satisfactorily matches a profile in the database shall the existence of data in the database be confirmed or identifying information from the database be disseminated.

IV. The division shall create a separate statistical database comprised of DNA records of persons whose identities are unknown. Nothing in this subdivision shall prohibit the department from sharing or otherwise disseminating the information in the statistical database with law enforcement or criminal justice agencies within or without the state.

651-C:4 Unauthorized Dissemination or Use of DNA Database Information; Obtaining DNA Samples Without Authority; Penalties. Any person who, without authority, disseminates information contained in the DNA database shall be guilty of a class B misdemeanor. Any person who disseminates, receives, or otherwise uses or attempts to use information in the database, knowing that such dissemination, receipt or use is for a purpose other than as authorized by the provisions of this subdivision, shall be guilty of a class A misdemeanor. Except as authorized by law, any person who, for purposes of having a DNA analysis performed, obtains or attempts to obtain any sample submitted to the forensic science laboratory for analysis shall be guilty of a class B felony.

651-C:5 Expungement of DNA Database Records Upon Reversal or Dismissal of Conviction.

I. A person whose DNA record has been included in the database pursuant to this chapter may request expungement on the grounds that the criminal conviction on which the authority for including such person’s DNA record was based has been reversed and the case dismissed. The department shall purge all records and identifiable information in the database pertaining to the person and destroy all samples from the person upon receipt of a written request for expungement pursuant to this section and a certified copy of the court order reversing and dismissing the conviction.

II. The DNA record of any juvenile sexual offender shall be maintained in the database and shall not be automatically expunged from the database upon that individual reaching the age of adulthood.

2 Repeal. RSA 632-A:20 through 632-A:24, relative to DNA testing of sexual offenders, is repealed.

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

2001-0704s

AMENDED ANALYSIS

This bill expands the existing DNA testing program which requires testing of sexual offenders by including DNA testing of violent criminal offenders who have been convicted of the commission or attempted commission of murder, manslaughter, assault, kidnapping, robbery, or burglary. Testing would also be required for juvenile offenders who have been certified for trial as an adult and who are convicted of the commission or attempted commission of the same violent crimes.

Senator Cohen moved to have SB 30, establishing a committee to study the DNA database of sexual offenders, laid on the table.

SB 30, establishing a committee to study the DNA database of sexual offenders.

SB 35, relative to a term for the chief justice of the supreme court. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0729s

09/01

Amend RSA 490:1 as inserted by section 1 of the bill by replacing it with the following:

490:1 Justices. The supreme court shall consist of 5 justices appointed and commissioned as prescribed by the constitution. On the effective date of this section, the administrative position of chief justice shall be held by the justice with the most seniority on the court for a period of up to 5 years. Each succeeding chief justice shall serve for a period of up to 5 years and shall be the justice with the most seniority of service on the court who has not yet served as chief justice. A justice may decline to serve as chief justice; however, no justice shall be permitted to serve successive terms as chief justice. In the event that all 5 justices have served a term as chief justice, succeeding chief justices shall serve rotating 5-year terms based on seniority.

SB 62, relative to guardianships. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0738s

09/01

Amend RSA 463:32-a as inserted by section 2 of the bill by replacing it with the following:

463:32-a Temporary Recognition of Foreign Guardianships of the Person. Any person who has been appointed guardian of the person of a minor by a foreign court of competent jurisdiction, for a minor who is temporarily in this state, shall be accorded the powers of guardianship as reflected in the order appointing the guardian, with full faith and credit, for a period of time not exceeding 120 days.

Amend RSA 463:32-b, I as inserted by section 2 of the bill by replacing it with the following:

I. Any person who has been appointed guardian of the person or estate or both, by a foreign court of competent jurisdiction, for a minor who has become a resident of this state, or who intends to move to this state, shall be accorded the powers of guardianship as reflected in the order appointing the guardian, with full faith and credit, for a period of time not exceeding 120 days following the date of the ward’s residence in this state. If a petition for transfer of the guardianship is filed within 120 days of the date of the minor’s residence in this state, such guardianship shall continue until an order is issued on the petition for transfer.

Amend RSA 464-A:45, I as inserted by section 9 of the bill by replacing it with the following:

I. Any person who has been appointed guardian of the person or estate or both by a foreign court of competent jurisdiction, for a person who has become a resident of this state, or who intends to move to this state, shall be accorded the powers of guardianship as reflected in the order appointing the guardian, with full faith and credit, for 120 days following the date of the ward’s residence in this state or until an order is issued on a petition for transfer of the guardianship filed within 120 days of the date of the ward’s residence in this state.

Amend section 9 of the bill by inserting after RSA 464-A:46 the following new section:

464-A:47 Appeals to Supreme Court. Appeals under this chapter to the supreme court shall be made in accordance with RSA 567-A. However, no order of the probate court shall be stayed pending appeal except by order of the probate court judge or the supreme court.

SB 96-FN, repealing the requirements for resident and nonresident licenses to carry concealed weapons. Judiciary Committee. Vote 3-2. Inexpedient to Legislate, Senator Fernald for the committee.

Senator Gordon moved to have SB 96-FN, repealing the requirements for resident and nonresident licenses to carry concealed weapons, laid on the table.

SB 96-FN, repealing the requirements for resident and nonresident licenses to carry concealed weapons.

SB 122-FN, relative to the license to carry a weapon. Judiciary Committee. Vote 3-2. Ought to pass with amendment, Senator Prescott for the committee.

2001-0750s

04/09

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

1 Pistols and Revolvers; License to Carry; License Expiration Removed. Amend RSA 159:6 to read as follows:

159:6 License to Carry. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state [for not less than 4 years from the date of issue,] if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the [people issuing the same for 4 years. When required, license renewal shall take place within the month of the fourth anniversary of the license holder's date of birth following the date of issuance] issuing authority. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town granting said licenses; the fee for licenses granted to out-of-state residents shall be $20, which fee shall be for the use of the state. A replacement license shall be issued at the request of the licensee by the original issuer provided the licensee continues to appear to be a suitable person to be licensed. The fee for a replacement license shall be no more than the fee for the issuance of an original license and disposition of the fee paid shall be the same as for an original license. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.

2 Pistols and Revolvers; Suspension or Revocation of License; Expiration Reference Deleted. Amend RSA 159:6-b, II to read as follows:

II. When the licensee hereunder ceases to be a resident of the community in which the license was issued [he] the licensee shall within 90 days notify in writing the issuing authority at [his] the new place of residence that [he] the licensee has a [current] valid license. [Such license shall remain in effect until it expires pursuant to RSA 159:6] A licensee who fails to notify the issuing authority as required under this paragraph shall be guilty of a violation.

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

2001-0750s

AMENDED ANALYSIS

This bill removes the 4-year expiration provision for a license to carry a weapon and provides that a licensee who ceases to be a resident of the community in which the licensed was issued shall have 90 days to notify the issuing authority of the new place of residence that the licensee has a valid license.

Senator Prescott moved to have SB 122-FN, relative to the license to carry a weapon, laid on the table.

SB 122-FN, relative to the license to carry a weapon.

SB 124, relative to confidentiality of hearings in abuse and neglect proceedings. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Prescott for the committee.

2001-0765s

05/09

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

AN ACT relative to confidentiality in abuse and neglect proceedings and establishing a pilot program in the courts of Grafton county.

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

1 Child Protection Act; Hearings. Amend RSA 169-C:14 to read as follows:

169-C:14 Hearings Not Open to the Public. The general public shall be excluded from any hearing under this chapter and such hearing shall, whenever possible, be held in rooms not used for criminal trials. [Only such persons as] The parties, their witnesses, counsel and representatives of the agencies present to perform their official duties shall be admitted. The court shall permit additional individuals to attend a hearing unless the court finds that their attendance is incompatible with the best interests of the child. In any event, medical and psychological reports, records, and profiles shall remain nonpublic.

2 Child Protection Act; Confidentiality of Records. Amend RSA 169-C:25, I to read as follows:

I. The court records of proceedings under this chapter shall be kept in books and files separate from all other court records. Such records which the court has determined are not subject to disclosure shall be withheld from public inspection but shall be open to inspection by the parties, child, parent, guardian, custodian, attorney or other authorized representative of the child.

3 Pilot Project Relative to Abuse and Neglect Hearings in the courts of Grafton County.

I. A pilot project in the courts of Grafton county is established to assess opening hearings in juvenile abuse and neglect cases to the public absent a finding of unreasonable harm to one or more of the parties.

II. Notwithstanding RSA 169-C:14, any hearing held under RSA 169-C, the child protection act, in the courts of Grafton county shall be open to the public unless the court makes a specific finding that the disclosure of some or all of the evidence would cause unreasonable harm to one or more of the parties. The court shall limit admittance to the hearing only to the extent required to prevent disclosure of the harmful evidence. In any event, medical and psychological reports, records, and profiles shall remain non-public. Such finding may be made upon the motion of any party or sua sponte by the court. Such hearing shall, whenever possible, be held in rooms not used for criminal trials.

III. The administrative judge of the district courts shall prepare a report on the findings and recommendations of the courts of Grafton county relative to opening hearings in child abuse and neglect cases under the terms established by the pilot project. The administrative judge of the district courts shall provide the report to the governor, the speaker of the house of representatives, the senate president, the chairs of the house and senate judiciary committees, the senate clerk, the house clerk, and the commissioner of the department of health and human services on or before December 1, 2002.

4 Repeal.

I. RSA 169-C:25, II, relative to the misdemeanor penalty for disclosure of information concerning an abuse and neglect hearing, is repealed.

II. Section 3 of this act, relative to the pilot project in the courts of Grafton county is repealed.

5 Effective Date.

I. Paragraph II of section 4 of this act shall take effect July 1, 2003.

II. The remainder of this act shall take effect July 1, 2001.

2001-0765s

AMENDED ANALYSIS

This bill requires the court to permit individuals who are not parties or service providers to attend abuse and neglect hearings unless their attendance is incompatible with the best interests of the child. This bill also removes the misdemeanor penalty for disclosing information regarding abuse and neglect hearings. However, medical and psychological reports shall remain nonpublic.

The bill also establishes a pilot project in the courts of Grafton county in which abuse and neglect cases shall be open to the public absent a finding of unreasonable harm to one or more of the parties.

SB 137-FN, relative to statements to judges. Judiciary Committee. Vote 5-0. Inexpedient to Legislate, Senator Gordon for the committee.

SB 154-FN, requiring criminal records check prior to the sale or transfer of firearms. Judiciary Committee. Vote 3-2. Inexpedient to Legislate, Senator Prescott for the committee.

Senator Wheeler moved to substitute ought to pass for inexpedient to legislate.

SCR 1, urging the supreme court to expand the membership of the advisory committee on rules to include legislative members. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Gordon for the committee.

SB 81-FN-A, regulating medication technicians under the nurse practice act. Public Institutions, Health and Human Services. Vote 5-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-0826s

08/04

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

AN ACT regulating medication nursing assistants under the nurse practice act.

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

1 New Paragraph; Medication Nursing Assistant (MNA) Defined. Amend RSA 326-B:2 by inserting after paragraph XIV the following new paragraph:

XIV-a. "Medication Nursing Assistant" or "(MNA)" means a person who is authorized to administer medications under the assignment of a licensed nurse as defined in RSA 326-B:2.

2 New Paragraph; Board of Nursing; Rulemaking Authority. Amend RSA 326-B:4-a by inserting after paragraph XVI the following new paragraph:

XVII. Establishing standards for a medication nursing assistant education, practice, license, and relicensing program and the issuance of evidence indicating satisfactory completion of such a program, including, but not limited to:

(a) Applicant qualifications.

(b) Application procedures.

(c) Content and duration of the training program.

(d) Continuing education programs.

(e) Examination.

(f) Passing grade.

(g) Approval of instructors for the training program.

(h) Scope of practice.

(i) Disciplinary procedures.

3 New Section; Medication Nursing Assistants Practice; License. Amend RSA 326-B by inserting after section 28 the following new section:

326-B:28-a Medication Nursing Assistants.

I. No person shall practice as a medication nursing assistant who has not satisfied the provisions of RSA 326-B:4-a, XVII.

II. The board of nursing shall authorize the licensing of medication nursing assistants for the purpose of administering medications under the assignment of a licensed nurse as defined in RSA 326-B:2. Medication nursing assistants authorized under this chapter shall:

(a) Have worked as a nursing assistant under RSA 326-B:28 for a period of up to 2 years or the equivalent as determined by the board, and have completed the necessary requirements under RSA 326-B:4-a, XIII.

(b) Administer medications under the direction of a licensed nurse.

III. Medication nursing assistants authorized under this chapter shall not calculate drug dosages, but only administer medications they are assigned by a licensed nurse to administer.

IV. Nothing in this chapter shall be construed to prohibit the board of nursing from adopting rules relating to the delegation of medication administration.

4 New Section; Medication Nursing Assistant Fees and Fines; Continual Appropriation. Amend RSA 326-B by inserting after section 29 the following new section:

326-B:29-a Medication Nursing Assistant Fees and Fines; Continual Appropriation.

I. The board shall adopt a schedule of fees, adopted by rule under RSA 541-A, for examination, registration, renewal, relicensing, endorsement, and verification of medication nursing assistants.

II. The board shall establish a schedule of administrative fines to be collected in disciplinary procedures carried out under RSA 326-B:4-a, XVII.

III. The medication nursing assistant fund is established in the state treasury and continually appropriated to the board of nursing which shall administer the fund. The fund shall be used only for administration of the medication nursing assistant component and expenses relating to that component.

IV. All fees and fines collected under paragraphs I and II shall be credited to the fund.

5 New Subparagraph; Medication Nursing Assistant Fund. Amend RSA 6:12, I by inserting after subparagraph (dddd) the following new subparagraph:

(eeee) Money received under RSA 326-B:29-a, which shall be credited to the board of nursing’s medication nursing assistant fund.

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

SB 150, relative to community services for persons with developmental disabilities. Public Institutions, Health and Human Services. Vote 5-0. Ought to Pass, Senator O'Hearn for the committee.

HB 118, authorizing physicians who practice medicine in certain states other than the state of New Hampshire to complete certifications exempting children residing in the state of New Hampshire from immunization. Public Institutions, Health and Human Services. Vote 5-0

Ought to Pass, Senator Boyce for the committee.

HB 532, establishing a committee to study the adequacy of funding for the continued universal distribution of children's vaccines. Public Institutions, Health and Human Services. Vote 5-0. Ought to pass with amendment, Senator McCarley for the committee.

2001-0832s

05/03

Amend the bill by replacing section 3 with the following:

3 Membership and Compensation.

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

(a) Four members of the house of representatives, 2 of whom shall be from the health, human services and elderly affairs committee, one of whom shall be from the commerce committee, and one of whom shall be from the finance committee, appointed by the speaker of the house.

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

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

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. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-0807s

09/04

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

AN ACT transferring and appropriating funds to the department of safety for additional staffing of evening and midnight patrols by current New Hampshire state troopers.

Amend the bill by replacing section 1 with the following:

1 Appropriation; Department of Safety. Notwithstanding RSA 228:11, II, the sum of $950,000 is transferred and appropriated to the department of safety for additional staffing by current New Hampshire state troopers of patrol vacancies in evening and midnight shifts.

2001-0807s

AMENDED ANALYSIS

This bill transfers and appropriates funds to the department of safety to provide for additional hours of staffing of evening and midnight patrols by current New Hampshire state troopers.

SB 165-FN, relative to the sale, registration, and use of 3-wheeled all-terrain vehicles for off-highway recreational use. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-0819s

10/09

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

1 New Section; Three-Wheeled ATV’s; Limitations on Government Sale. Amend RSA 215-A by inserting after section 14 the following new section:

215-A:14-a Three-Wheeled ATV’s; Limitation on Government Sale. No state agency, municipality, or other governmental entity shall sell or transfer ownership of, in whole or in parts, a 3-wheeled ATV designed or marketed for use as an off highway recreational vehicle.

2 New Paragraph; Registration of 3-Wheeled ATV’s. Amend RSA 215-A:21 by inserting after paragraph IX the following new paragraph:

X. No person, except for federal, state, and local governments registering under RSA 215-A:25, shall be permitted to register for operation under this chapter any 3-wheeled ATV as an off highway recreational vehicle unless the person has successfully completed an ATV education course sponsored by the New Hampshire fish and game department.

3 Effective Date.

I. Section 2 of this act shall take effect January 1, 2003.

II. The remainder of this act shall take effect upon its passage.

2001-0819s

AMENDED ANALYSIS

This bill prohibits the sale or transfer of 3-wheeled all-terrain vehicles by state and local government, and requires the completion of an ATV education course for persons registering a 3-wheeled all-terrain vehicle as an OHRV.

SB 184, relative to review of fees for the removal and impoundment of motor vehicles. Transportation Committee. Vote 4-0. Ought to Pass, Senator Eaton for the committee.

HB 107, naming a certain bridge in the town of Milford. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0827s

04/01

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

AN ACT naming a certain bridge in the town of Milford and naming the LaMott Wing at the Glencliff Home for the Elderly.

Amend the bill by replacing all after section 1 with the following:

2 The LaMott Wing at the Glencliff Home for the Elderly. The new wing at the Glencliff Home for the Elderly is hereby designated the LaMott Wing in honor of Paul I. LaMott of Haverill, New Hampshire, in recognition of his many years of public service in the New Hampshire general court, and to the Glencliff Home for the Elderly in Benton, New Hampshire.

3 Signage. The cost of design, construction, maintenance, and installation of any signage, replacement signage, or other markers required under sections 1 or 2 of this act shall not be a charge to the state. The design, construction, and installation of any signage or other markers required under section 1 of this act shall be approved by the department of transportation.

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

2001-0827s

AMENDED ANALYSIS

This bill names the bridge at Route 101 and North River Road over the Souhegan River in the town of Milford the Veterans Bridge and names the LaMott Wing at the Glencliff Home for the Elderly.

HB 125, naming New Hampshire route 12-A from West Lebanon to the Cornish-Windsor Bridge the Maxfield Parrish Highway. Transportation Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

HB 254, naming a certain bridge in the town of Charlestown. Transportation Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

SB 76-FN, requiring attendance in an education and training program by those who obtain a liquor license. Vote 5-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2001-0777s

03/09

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

AN ACT requiring attendance in an education and training program by those who obtain a liquor license and relative to applications for one-day liquor licenses.

Amend RSA 178:2, II as inserted by section 1 of the bill by replacing it with the following:

II. Notwithstanding any other provision of law, the commission shall require all persons who hold a retail license under the provisions of this chapter to attend a training program within 45 calendar days of the issuance of the license. These provisions shall not apply to any person who holds a retail license on the effective date of this paragraph. The commission shall provide the training program without additional fees or cost to the licensee. The commission shall adopt rules, pursuant to RSA 541-A, relative to the administration of the training program.

Amend RSA 178:2, IV(a) as inserted by section 1 of the bill by replacing it with the following:

Amend the bill by replacing section 2 with the following:

2 Alcoholic Beverages; Liquor Licenses and Fees; On-Sale Cocktail Lounge Licenses; One Day Licenses for Voluntary Nonprofit Organizations; Reference Modified and Application Date Changed. Amend RSA 178:20, V(l)(1)(2) to read as follows:

(1) Notwithstanding the provisions of RSA 178:2, I, the commission may issue a limited license to any responsible individual representing a voluntary nonprofit group or organization approved by the commission. Such license shall authorize the licensee to sell, on premises approved by the commission, beverages and liquor on the approved premises.

(2) No license shall be issued under subparagraph (l)(1) unless the organization's representative obtains:

(A) Official approval of the chief of the local fire department as to the safety of the premises.

(B) Official approval of the local health department concerning sanitary accommodations.

(C) Official approval of the chief of police as to accessibility of the premises.

Written statements from such officials shall accompany the application for the license. Such application shall be filed with the commission [10] 15 days before the date on which the license is needed.

2001-0777s

AMENDED ANALYSIS

This bill requires attendance by all new retail liquor licensees at a training program administered by the liquor commission. The commission shall provide the training program without cost to the licensee. This bill also requires that an application for a one-day license for a voluntary nonprofit organization be filed with the liquor commission 15 days before the date on which the license is needed.

This bill is a request of the liquor commission.

Senator Eaton moved to have SB 147, relative to the calculation of stumpage value in determining the timber tax assessment, taken off the table.

SB 147, relative to the calculation of stumpage value in determining the timber tax assessment.

2001-0736-EBA

06/09

Enrolled Bill Amendment to HCR 2

The Committee on Enrolled Bills to which was referred HCR 2

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

This enrolled bill amendment makes certain grammatical corrections.

Amend paragraph 2 after the title of the resolution by replacing lines 1 and 2 with the following:

Whereas, the town of Kensington has no designated zip code, causing mail to be delayed, misdirected, and lost, and causing confusion and annoyance on the part of persons outside of the town

Senator Pignatelli moved adoption.

2001-0739-EBA

08/01

Enrolled Bill Amendment to HJR 1

The Committee on Enrolled Bills to which was referred HJR 1

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

This enrolled bill amendment corrects a technical error.

Amend the bill by replacing line 9 with the following:

service in the United States Armed Forces, regardless of dates of service; and

Senator Pignatelli moved adoption.

Senator Hollingworth, having voted with the prevailing side, moved reconsideration on SB 188-FN-L, relative to abatements and appeals of betterment assessments, whereby we ordered it to third reading.

SB 188-FN-L, relative to abatements and appeals of betterment assessments.

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

Senator Francoeur moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings, enrolled bills and amendments and that when we adjourn we adjourn to Thursday, April 19, 2001 at 10:15 a.m.

SB 35, relative to a term for the chief justice of the supreme court.

SB 62, relative to guardianships.

SB 71, establishing a study committee relative to the regulation and compensation of persons licensed under the real estate practice act.

HB 107, naming a certain bridge in the town of Milford.

SB 111-FN, extending the term for the payment of group health insurance premiums for certain retired members of the retirement system.

HB 118, authorizing physicians who practice medicine in certain states other than the state of New Hampshire to complete certifications exempting children residing in the state of New Hampshire from immunization.

SB 124, relative to confidentiality in abuse and neglect proceedings and establishing a pilot program in the courts of Grafton county.

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.

HB 125, naming New Hampshire route 12-A from West Lebanon to the Cornish-Windsor Bridge the Maxfield Parrish Highway.

SB 143-FN, establishing a study committee relative to registering and regulating home improvement contractors.

SB 147, relative to the calculation of stumpage value in determining the timber tax assessment.

SB 150, relative to community services for persons with developmental disabilities.

SB 184, relative to review of fees for the removal and impoundment of motor vehicles.

HB 228, relative to dealing in and possessing prescription drugs by podiatrists.

HB 254, naming a certain bridge in the town of Charlestown.

HCR 9, urging the President of the United States to increase the administration’s efforts to mediate a peaceful resolution to the dispute in Cyprus between Turkey and the Republic of Cyprus.

SCR 1, urging the supreme court to expand the membership of the advisory committee on rules to include legislative members.

HB 532, establishing a committee to study the adequacy of funding for the continued universal distribution of children's vaccines.