SENATE
JOURNAL 5 (cont.)
February 14, 2002
Out of recess.
HOUSE MESSAGE
The House of Representatives concurs with the Senate in the passage of the following entitled Bills sent down from the Senate:
SB 385, relative to electric personal assistive mobility devices.
2002-2668-EBA
05/09
Enrolled Bill Amendment to SB 385
The Committee on Enrolled Bills to which was referred SB 385
AN ACT relative to electric personal assistive mobility devices.
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
Explanation to Enrolled Bill Amendment to SB 385
This enrolled bill amendment makes a typographical correction.
Enrolled Bill Amendment to SB 385
Amend paragraph II of section 4 of the bill by replacing line 3 with the following:
appropriate, and any other issues relating thereto.
Senator Pignatelli moved adoption.
Adopted.
LATE SESSION
Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Wednesday, February 20, 2002, at 10:15 a.m.
Adopted.
Adjournment.
SENATE
JOURNAL 6
February 20, 2002
The Senate met at 10:15 a.m.
A quorum was present.
The prayer was offered by Senator Katherine Wells Wheeler.
Let us pray:
Mighty and tender God, voice of the voiceless, power of the powerless, we praise you for your vision of a community of wholeness, a realm of peace, in which all who hunger and thirst are nourished, in which the stranger is welcomed, the hurting are healed, and the captives are free. Guide us by Your truth and love, until we and all Your people, make manifest your reign of justice and compassion.
Amen.
Senator Gordon led the Pledge of Allegiance.
INTRODUCTION OF GUESTS
COMMITTEE REPORTS
HB 1110, relative to the sale of ferrets. Wildlife and Recreation Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.
Adopted.
Ordered to third reading.
SB 302, relative to privacy in the relationship between financial institutions and customers. Banks Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.
2002-2725s
08/10
Amendment to SB 302
Amend the bill by replacing all after the enacting clause with the following:
1 Disclosure of Records. Amend RSA 359-C:5, II-a to read as follows:
II-a. This section is not intended to prevent a financial institution from disclosing to the county attorney or designee or the attorney general the financial or credit records of a customer or any other person or the information contained therein when the director, officer, employee, or agent of the financial institution has reasonable cause to believe the customer or other person is utilizing the services of the institution to defraud the institution or any other person.
2 Effective Date. This act shall take effect upon its passage.
2002-2725s
AMENDED ANALYSIS
This bill adds non-customers to the statute relating to disclosure of financial records involving defrauding financial institutions.
Amendment adopted.
Ordered to third reading.
SB 370, relative to incorporators of trust companies. Banks Committee. Vote 4-0. Ought to pass with amendment, Senator Larsen for the committee.
2002-2738s
10/03
Amendment to SB 370
Amend the title of the bill by replacing it with the following:
AN ACT removing an exemption to a limitation on service by a trustee, director, or officer at more than one financial institution.
Amend the bill by deleting section 1 and renumbering the original sections 2 and 3 to read as 1 and 2, respectively.
2002-2738s
AMENDED ANALYSIS
This bill removes an exemption from limitation on service for persons serving as a trustee, director, or officer at more than one financial institution.
Amendment adopted.
Ordered to third reading.
SB 404, changing certain limitations on investment management fees and investments by banks acting as fiduciaries. Banks Committee. Vote 3-1. Ought to pass with amendment, Senator Larsen for the committee.
2002-2724s
08/10
Amendment to SB 404
Amend the bill by replacing all after the enacting clause with the following:
1 Fiduciary Presumption Against Conflict of Interest; Compensation for Investment Advisory Fees, Commissions, and Other Fees. RSA 384:65, III is repealed and reenacted to read as follows:
III. A bank, acting as a fiduciary pursuant to RSA 384:65, I, may:
(a) Invest in the securities of an investment company or investment trust, to which such fiduciary or its affiliate provides services in a capacity other than as trustee, such as advisor, distributor, transfer agent, registrar, sponsor, manager, shareholder servicing agent, administrator, or custodian, and such investment is not presumed to be affected by a conflict between personal and fiduciary interests if the investment complies with the prudent investor standard pursuant to RSA 564-A:3-b.
(b) Be compensated by the investment company or investment trust for providing services in a capacity other than as trustee, such as advisor, distributor, transfer agent, registrar, sponsor, manager, shareholder servicing agent, administrator, or custodian, if the fiduciary at least annually notifies the person or persons to whom it sends account statements of the rate and method by which the compensation was determined.
2 Purchase of the Bonds or Securities of a Fiduciary Bank; Prohibited Unless Expressly Authorized. Amend RSA 384:65, V to read as follows:
V. Notwithstanding paragraphs I-IV, no bank authorized to exercise trust powers in this state which is acting as a fiduciary shall purchase for the fiduciary estate any [bond or other] fixed income or equity security issued by such bank or an affiliate thereof, unless the bank is expressly authorized to do so by the terms of the instrument creating the trust, a court order, the written consent of the grantor of the trust, or the written consent of the beneficiaries of the trust.
3 Effective Date. This act shall take effect 60 days after its passage.
2002-2724s
AMENDED ANALYSIS
This bill:
I. Clarifies that the prudent investor standard allows a bank, acting in a fiduciary capacity as trustee, to invest trust assets in the securities of an investment company or investment trust for which the bank or its affiliate provides certain services.
II. Removes the requirement that banks deduct certain fees they receive from investment companies or investment trusts into which the bank invests trust assets, from the fees or commissions that they charge to a trust which they supervise as trustee, and allows banks to receive a fee from an investment company or investment trust to which the bank provides certain services, subject to the requirement that it notify the person who receives account statements as to how the fee is determined.
III. Limits the requirement that a bank have express written consent from the trust instrument, the court, the grantor, or the trust beneficiaries before it may purchase, for trusts which it controls as trustee, any mutual fund or pooled security instrument issued by the bank or its affiliate.
Senator Below moved to have SB 404, changing certain limitations on investment management fees and investments by banks acting as fiduciaries, laid on the table.
Motion failed.
Question is on the adoption of the committee amendment.
Amendment adopted.
Ordered to third reading.
SB 321-L, clarifying the right to public education for children of homeless families. Education Committee. Vote 5 – 0. Ought to pass with amendment, Senator Gordon for the committee.
2002-2689s
04/10
Amendment to SB 321-LOCAL
Amend the bill by replacing all after the enacting clause with the following:
1 Pupils; Legal Residence of Homeless Children. RSA 193:12, IV is repealed and reenacted to read as follows:
IV.(a) The term "homeless children and youths" means individuals who lack a fixed, regular, and adequate nighttime residence, and shall include the following:
(1) Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement.
(2) Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.
(3) Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.
(4) Migratory children, as defined in 20 U.S.C. 6399, who qualify as homeless because such children are living in circumstances as described in subparagraphs (a)-(c).
(b) The commissioner of the department of education shall decide disputed residency issues relative to homeless children and youths under this paragraph. No school district shall deny a homeless child or youth attendance. No school districts shall deny implementation of an existing individual education plan. A superintendent who denies attendance to any child under this paragraph shall provide written notice of the denial to the parent or legal guardian of such child including an explanation of the reason or reasons for such denial. The notice shall also include a statement notifying the parent or legal guardian of their right to appeal to the commissioner of the department of education. A homeless child or youth shall remain in attendance in the pupil’s current school during the pendency of a determination of residency. Notwithstanding the provisions of RSA 21-N:11, III any person aggrieved by a determination of the commissioner may appeal such determination to a court of competent jurisdiction.
2 Effective Date. This act shall take effect 60 days after its passage.
2002-2689s
AMENDED ANALYSIS
This bill changes the definition of legal residency for homeless children and youths and provides that disputes regarding residency shall be resolved by the commissioner of the department of education.
Amendment adopted.
Ordered to third reading.
SB 349, relative to establishing a contingency fund in school districts. Education Committee. Vote 5-0. Inexpedient to Legislate, Senator O'Hearn for the committee.
Committee report of inexpedient to legislate is adopted.
SB 354, authorizing foster parents to act as surrogate parents for educationally disabled children. Education Committee. Vote 5-0. Ought to Pass, Senator Gordon for the committee.
Adopted.
Senator Below offered a floor amendment.
2002-2797s
04/03
Floor Amendment to SB 354
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Special Education; Definitions. Amend RSA 186-C:2 by inserting after paragraph VI the following new paragraph:
VII. "Parent" means:
(a) A natural or adoptive parent of a child who has legal custody of the child;
(b) A guardian of a child, but not the state when the state has legal guardianship of the child;
(c) A person acting in the place of a custodial parent or guardian of a child, if no custodial parent or guardian is available, who is designated in writing to make educational decisions on the child’s behalf by such parent or guardian;
(d) A surrogate parent who has been appointed in accordance with RSA 186-C:14; or
(e) A foster parent of a child who has been appointed in accordance with RSA 186-C:14-a.
2 New Section; Special Education; Foster Parent Representation of Educationally Disabled Children. Amend RSA 186-C by inserting after section 14 the following new section:
186-C:14-a Foster Parent Representation of Educationally Disabled Children.
I. A foster parent or parents may be appointed by the commissioner of the department of education upon recommendation of the commissioner of the department of health and human services or designee, or by the director of a child placing agency licensed under RSA 170-E that has placed the child with the foster parent or parents, to make educational decisions on a foster child’s behalf, in the same manner as a parent, provided that:
(a) The natural parents’ rights have been terminated by a court of law or by death; and
(b) Each such foster parent:
(1) Is in an ongoing, long-term parental relationship with the child;
(2) Is willing to make the educational decisions required of parents under state and federal law;
(3) Has no interest that would conflict with the interests of the child;
(4) Is not an employee of the department of education, the school district or school administrative unit where the child is enrolled in school, or another state agency that is involved in the education or care of the child, except that he or she may be paid to serve as a foster parent; and
(5) Has demonstrated to the satisfaction of the commissioner of the department of education that he or she has the knowledge and skills to represent adequately the child in educational decision-making.
II. A foster parent appointment pursuant to this section shall supersede the appointment of a surrogate parent under RSA 186-C:14.
III. A foster parent acting as a parent shall have the same right of access as the natural parents or guardians to all records concerning the child. These records shall include, but are not limited to, educational, medical, psychological, and welfare records.
IV. No foster parent appointed to act in the capacity of a parent under this section shall be liable to the child entrusted to the foster parent or the parents or guardian of such child for any civil damages which result from acts or omissions of such foster parent which may arise out of ordinary negligence. This immunity shall not apply to acts or omissions constituting gross, willful, or wanton negligence.
3 Effective Date. This act shall take effect July 1, 2002.
2002-2797s
AMENDED ANALYSIS
This bill authorizes foster parents to act as surrogate parents on behalf of educationally disabled children in the educational decision-making process and sets forth circumstances under which such representation may occur.
Senator Below withdrew his amendment.
Senator Below offered a floor amendment.
2002-2809s
04/10
Floor Amendment to SB 354
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Special Education; Definitions. Amend RSA 186-C:2 by inserting after paragraph VI the following new paragraph:
VII. "Parent" means:
(a) A natural or adoptive parent of a child who has legal custody of the child;
(b) A guardian of a child, but not the state when the state has legal guardianship of the child;
(c) A person acting in the place of a custodial parent or guardian of a child, if no other custodial parent or guardian is available, who is designated in writing to make educational decisions on the child’s behalf by such parent or guardian;
(d) A surrogate parent who has been appointed in accordance with RSA 186-C:14; or
(e) A foster parent of a child who has been appointed in accordance with RSA 186-C:14-a.
2 New Section; Special Education; Foster Parent Representation of Educationally Disabled Children. Amend RSA 186-C by inserting after section 14 the following new section:
186-C:14-a Foster Parent Representation of Educationally Disabled Children.
I. A foster parent or parents may be appointed by the commissioner of the department of education upon recommendation of the commissioner of the department of health and human services or designee, or by the director of a child placing agency licensed under RSA 170-E that has placed the child with the foster parent or parents, to make educational decisions on a foster child’s behalf, in the same manner as a parent, provided that:
(a) The natural parents’ parental rights have been terminated by a court of law or by death; and
(b) Each such foster parent:
(1) Is in an ongoing, long-term parental relationship with the child;
(2) Is willing to make the educational decisions required of parents under state and federal law;
(3) Has no interest that would conflict with the interests of the child;
(4) Is not an employee of the department of education, the school district or school administrative unit where the child is enrolled in school, or another state agency that is involved in the education or care of the child, except that he or she may be paid to serve as a foster parent; and
(5) Has demonstrated to the satisfaction of the commissioner of the department of education that he or she has the knowledge and skills to represent adequately the child in educational decision-making.
II. A foster parent appointment pursuant to this section shall supersede the appointment of a surrogate parent under RSA 186-C:14.
III. A foster parent acting as a parent shall have the same right of access as the natural parents or guardians to all records concerning the child. These records shall include, but are not limited to, educational, medical, psychological, and welfare records.
IV. No foster parent appointed to act in the capacity of a parent under this section shall be liable to the child entrusted to the foster parent or the parents or guardian of such child for any civil damages which result from acts or omissions of such foster parent which may arise out of ordinary negligence. This immunity shall not apply to acts or omissions constituting gross, willful, or wanton negligence.
3 Effective Date. This act shall take effect July 1, 2002.
2002-2809s
AMENDED ANALYSIS
This bill authorizes foster parents to act as surrogate parents on behalf of educationally disabled children in the educational decision-making process and sets forth circumstances under which such representation may occur.
Floor amendment adopted.
Ordered to third reading.
NOTICE OF RECONSIDERATION
Senator Boyce served notice of reconsideration on SB 316, establishing a committee to study the fiscal relationship between the Pease development authority and the state and its political subdivisions.
SB 387, relative to the adoption of certain contracts by school districts. Education Committee. Vote 4-1. Inexpedient to Legislate, Senator O'Hearn for the committee.
Committee report of inexpedient to legislate is adopted.
SB 424-FN-A-L, relative to instructional and operational costs of providing an adequate education. Education Committee. Vote 3-2. Interim Study, Senator O'Hearn for the committee.
Committee report of interim study is adopted.
Senator Gordon is in opposition to the motion of interim study on SB 424-FN-A-L.
SB 426, relative to the use of force by persons entrusted with the care of minors in child care settings. Education Committee. Vote 5-0. Ought to Pass, Senator O'Hearn for the committee.
Adopted.
Ordered to third reading.
SB 429, relative to the community technical college system. Education Committee. Vote 5-0. Ought to pass with amendment, Senator Johnson for the committee.
2002-2688s
04/09
Amendment to SB 429
Amend RSA 188-F:5, II-a as inserted by section 4 of the bill by replacing it with the following:
II-a. The commissioner shall nominate [for appointment by] with the approval and confirmation of the board of trustees, an unclassified director of [financial management] administration. The director shall serve at the pleasure of the board of trustees. The director shall be qualified to hold that position by reason of education and experience and shall report to the commissioner. The director shall be responsible for leadership and supervision of the following functions:
(a) Human resources, employee relations, and payroll.
(b) Accounts payable, including purchasing.
(c) Accounts receivable, including tuition and student fees.
(d) Financial analyses and financial control, including budget development and expenditure management.
(e) Financial management of grants and development funds.
(f) Computer support services for financial and student management.
Amend the bill by inserting after section 5 the following and renumbering the original sections 6-7 to read as 10-11, respectively:
6 Regional Community-Technical Colleges; Board of Trustees. Amend the introductory paragraph of RSA 188-F:3-a, I to read as follows:
I. The governance of the regional community-technical colleges shall be vested in a board of trustees which shall consist of [25 members comprised as follows] the following members:
7 New Subparagraphs; Regional Community-Technical Colleges; Board of Trustee Membership. Amend RSA 188-F:3-a, I by inserting after subparagraph (k) the following new subparagraphs:
(l) One member from the house of representatives, appointed by the speaker of the house.
(m) One member from the senate, appointed by the president of the senate.
8 Regional Community-Technical Colleges; Board of Trustees. Amend RSA 188-F:3-a, II to read as follows:
II.(a) [All] The members set forth in subparagraphs I(a)-I(k), except for student members, shall be appointed by the governor and council.
(b) The terms of office of appointed and elected members, except the student members, shall be 4 years unless otherwise specified in this section. The terms of the elected members shall end on June 30 except that the term of the student members shall end on May 31.
(c) The term of the legislative members shall be coterminous with their terms as members of the general court. No legislative member shall serve more than 4 years. Legislative members shall receive no compensation, but shall receive mileage at the legislative rate while attending to the duties of the board of trustees.
[(c)] (d) Each member, except the student members, shall hold office until a successor is appointed and qualified. The appointment of successors for the filling of vacancies for unexpired terms shall be by appointment or election in the same manner as the original appointment.
[(d)] (e) Nine of the voting members shall constitute a quorum required to transact official business.
9 Regional Community-Technical Colleges; Operation of Board of Trustees. Amend RSA 188-F:3-b, VII to read as follows:
VII. Except for the governor of the state, and except as provided in RSA 188-F:3-a, I(l)-(m), no person who holds elected public office shall serve on the board.
2002-2688s
AMENDED ANALYSIS
This bill authorizes the board of trustees to appoint and fix the compensation of the commissioner, deputy commissioner, director of administration, and presidents of the community-technical college system and amends the duties of the board of trustees of the community-technical college system. The bill also adds a member of the house of representatives and a member of the senate to the board of trustees for the regional community-technical colleges.
Amendment adopted.
Ordered to third reading.
SB 334, relative to grounds for refusal or denial of hotel accommodations. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator Francoeur for the committee.
2002-2644s
05/04
Amendment to SB 334
Amend the bill by replacing section 1 with the following:
1 New Section; Hotels, Tourist Cabins, Etc.; Refusal or Denial of Accommodations. Amend RSA 353 by inserting after section 3-b the following new section:
353:3-bb Refusal or Denial of Accommodations.
I. A hotel keeper, including any person keeping public lodging houses, tourist camps, or cabins, may refuse or deny any accommodations, facilities or privileges of a hotel, lodging house, or campground to or may eject from the hotel, lodging house, or campground premises:
(a) Any person who is unwilling or unable to pay for accommodations and services of the hotel, lodging house, or campground. The hotel keeper may require the prospective guest to demonstrate the ability to pay by cash, valid credit card, or a validated check.
(b) Any person who is unwilling or unable to provide a valid credit card number or reasonable cash deposit to cover the guest room or campground site costs, taxes, charges by the guest, and any damages to the guest room or its furnishings or to the campground site caused by the guest. Any cash deposit provided shall be refunded to the extent not used to cover any charges or damages as determined by the hotel keeper, following room or campground site inspection at check-out.
(c) Any person under the age of 18 who does not present a signed notification from a parent that the parent accepts liability of the guest room or campground site costs, taxes, all charges by the guest, and any damages to the hotel, lodging house, campground, guest room, or its furnishings or to the campground site caused by the minor guest while at the hotel, lodging house, or campground to the extent that such costs, taxes, damages, or charges exceed the amount of cash or credit card deposit already provided by the guest.
(d) Any person or persons, if admitting that person or those persons would cause the limit on the number of persons who may occupy any particular guest room in the hotel or lodging house or a site in the campground to be exceeded. For purposes of this subparagraph, the limit represents the number permitted by local ordinances or reasonable standards of the hotel, lodging house, or campground relating to health, safety, or sanitation.
(e) Any person who:
(1) Disturbs, threatens, or endangers other guests;
(2) Is less than 21 years of age and possesses or uses alcohol;
(3) Possesses or uses illegal drugs; or
(4) Violates any rule of the hotel, lodging house, or campground that is posted in a conspicuous place and manner at the guest registration desk and in each guest room.
II. Nothing in this section authorizes any hotel keeper to violate the state law against discrimination, RSA 354-A.
Amend the bill by replacing section 3 with the following:
3 Effective Date. This act shall take effect upon its passage.
Amendment adopted.
Ordered to third reading.
SB 345, making the misrepresentation of the geographic location of a business a violation of the consumer protection act. Executive Departments and Administration Committee. Vote 4-1. Ought to Pass, Senator Larsen for the committee.
Adopted.
Ordered to third reading.
Senator Francoeur is in opposition to SB 345.
Senator Gordon is in favor of the ought to pass motion on SB 345.
SB 381, relative to the employee benefits of employees of the Pease Development authority. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.
Adopted.
Ordered to third reading.
SB 384, establishing a worker adjustment and retraining notification requirement. Executive Departments and Administration Committee. Vote 2-1. Inexpedient to Legislate, Senator Prescott for the committee.
SUBSTITUTE MOTION
Senator Prescott moved to substitute interim study for inexpedient to legislate.
Motion of interim study is adopted.
SB 389, establishing levels of licensure of alcohol and drug counselors. Executive Departments and Administration Committee. Vote 3-1. Inexpedient to Legislate, Senator Prescott for the committee.
Committee report of inexpedient to legislate is adopted.
SB 412, relative to the licensure of dietitians. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator D'Allesandro for the committee.
2002-2673s
08/09
Amendment to SB 412
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Licensed Dietitians; Exception to Requirements for Licensure. Amend RSA 326-H by inserting after section 12 the following new section:
326-H:12-a Exception of Requirements for Licensure. An applicant for licensure as a dietitian under this chapter who was registered as a dietitian with the Commission on Dietetic Registration on or before December 31, 2000, shall be deemed to have met the requirements for licensure under RSA 326-H:12, I, II and III.
2 Licensed Dietitians; Requirements for Licensure. Amend RSA 326-H:12, I to read as follows:
I. Hold a baccalaureate or higher degree [from a regionally accredited college or university in the United States and have completed] with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, public health nutrition, or food systems management;
3 Effective Date. This act shall take effect upon its passage.
2002-2673s
AMENDED ANALYSIS
This bill adds an exception to the license requirement for dietitians who were registered with the National Commission on Dietetic Registration on or before December 31, 2000.
Amendment adopted.
Ordered to third reading.
SB 376-FN, requiring a mental health records check prior to the sale or transfer of a firearm. Judiciary Committee. Vote 4-0. Interim Study, Senator Pignatelli for the committee.
Committee report of interim study is adopted.
SB 403-FN, relative to special motorcycle number plates for veterans who were awarded the purple heart medal. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator McCarley for the committee.
2002-2758s
03/09
Amendment to SB 403-FN
Amend the title of the bill by replacing it with the following:
Amend the bill by replacing all after the enacting clause with the following:
1 Department of Safety; Enforcement; Motor Vehicle Inspector Changed to Highway Patrol and Enforcement Officer. Amend RSA 21-P:19 to read as follows:
21-P:19 Enforcement. The provisions of this subdivision and any rules adopted under it shall be enforced anywhere in the state by any state trooper, [motor vehicle inspector] highway patrol and enforcement officer, authorized agent of the commissioner of safety, or by any law enforcement officer within his respective jurisdiction. The officers may detain and inspect any sealed or unsealed vehicle, container, or shipment which contains or which they have reason to believe contains hazardous materials or wastes while in transit or in maintenance facilities or terminals or on other public or private property to ascertain if hazardous materials or wastes are being loaded, unloaded, stored, or transported and to inspect the contents, take samples, and to otherwise insure compliance with the provisions of this subdivision and of all rules adopted under this subdivision. If a seal is opened for inspection, the inspecting officer shall reseal any vehicle, container, or shipment prior to further transportation.
2 Registration of Vehicles; Special Number Plates for Veterans; Veterans Awarded the Purple Heart. Amend RSA 261:86, II to read as follows:
II. Plates furnished pursuant to subparagraphs I(a)-(c) shall be issued without charge. Plates furnished pursuant to subparagraphs I(d) and (e) shall be issued upon payment of the regular registration and number plate fees. Notwithstanding RSA 265:73 or any other law, any person who is issued a plate pursuant to subparagraphs I(c)-(e) shall not be entitled to free parking privileges provided for disabled veterans. Individuals who qualify for special plates for certain veterans shall only be issued one set of plates pursuant to this section, except that a person who qualifies for special plates pursuant to subparagraph I(d) may be issued 2 sets of plates, provided that one set of plates is issued for a motorcycle.
3 Driver’s License Fees; Special Motorcycle License. Amend RSA 263:42 to read as follows:
I. For each youth operator’s or original driver’s license and examination or driver’s license renewal, other than for a commercial vehicle or motorcycle- $50; for each original commercial driver license and examination or commercial driver license renewal- $60; for each commercial driver license reexamination in a one-year period-$20; for each commercial vehicle endorsement, renewal of an endorsement, or removal of a restriction-$10; for each special motorcycle original license and examination or special motorcycle license renewal- $25. For each original driver’s license issued, $5 shall be credited to the driver training fund established by RSA 263:52. Every license shall expire on the licensee’s birthdate in the fifth year following the issuance of such license. No fee collected under this paragraph shall be refunded once an examination has been taken or a license issued, except as provided in RSA 263:43.
4 Equipment of Vehicles; Motor Vehicle Inspectors Changed to Highway Patrol and Enforcement Officers. Amend RSA 266:1-a to read as follows:
266:1-a [Motor Vehicle Inspectors] Highway Patrol and Enforcement Officers.
I. The commissioner of safety shall establish a force of [motor vehicle inspectors] highway patrol and enforcement officers to assist the director in enforcing the motor vehicle inspection laws and rules. A [motor vehicle inspector] highway patrol and enforcement officer appointed by the commissioner pursuant to this section shall have the powers of a peace officer, certified under RSA 188-F:26, and shall have as his or her primary function enforcement duties related to the inspection process, including inspection station auditing, investigation of alleged inspection station malfeasance, rejected vehicle follow-up, and sticker monitoring. A [motor vehicle inspector] highway patrol and enforcement officer appointed under this section shall have the authority to enter any motor vehicle inspection station authorized under RSA 266:1, during the station’s business hours, to fulfill his or her duties, and shall be assigned other enforcement duties as determined by the commissioner.
II. The commissioner shall furnish suitable equipment to a [motor vehicle inspector] highway patrol and enforcement officer, as the commissioner deems necessary, to distinguish the officer as an individual acting in an official capacity. A [motor vehicle inspector] highway patrol and enforcement officer appointed by the commissioner pursuant to this section shall be directly responsible to the director and shall be a classified employee.
5 Effective Date.
I. Section 3 of this act shall take effect July 1, 2002.
II. The remainder of this act shall take effect 60 days after its passage.
2002-2758s
AMENDED ANALYSIS
This bill:
I. Changes the title of motor vehicle inspectors to highway patrol and enforcement officers.
II. Establishes fees for special motorcycle licenses.
III. Allows a person who was awarded a purple heart to be issued 2 sets of special number plates, provided that one set of plates is issued for a motorcycle.
Amendment adopted.
Referred to the Finance Committee (Rule #24).
SB 344-FN, relative to thoroughbred horse racing. Ways and Means Committee.
SPLIT REPORT: Ought to pass with amendment, Senator Barnes for the committee. Vote 2-2
SPLIT REPORT: Inexpedient to Legislate, Senator D'Allesandro for the committee. Vote 2-2
2002-2771s
08/10
Amendment to SB 344-FN-LOCAL
Amend RSA 284-A:2, IX as inserted by section 1 of the bill by replacing it with the following:
IX. "Racing day" means a day on which there are no fewer than 9 live thoroughbred races run at a licensed facility.
Amend RSA 284-A:3 as inserted by section 1 of the bill by replacing it with the following:
284-A:3 Live Thoroughbred Racing. A licensee shall conduct a minimum of 76 live racing days, consisting of no fewer than 9 live thoroughbred races, except when racing is prevented due to weather, natural or unnatural catastrophe, or any other condition beyond the control of the licensee such as fire, epidemic, breakdown of equipment, or loss of power. If a portion or all of a racing day is canceled, the licensee shall reschedule live racing, unless one of the conditions stated above applies, in order to conduct no fewer than 684 live races during a scheduled racing meet.
Amend RSA 284-A:4 as inserted by section 1 of the bill by replacing it with the following:
284-A:4 Apportionment of Revenue. The following shall be paid to thoroughbred horsemen’s purses:
I. Five and ¼ percent of the gross simulcast handle wagered at or through a licensed facility shall be paid by a licensed facility.
II. Fifty percent of the ITW net revenue from races conducted at a licensed facility shall be paid by a licensed facility.
III. Five percent of the gross handle wagered on simulcast thoroughbred horse races within the state at a facility licensed by the pari-mutuel commission to conduct greyhound racing, shall be paid by said facility.
Amend the bill by replacing all after section 2 with the following:
3 Effective Date.
I. RSA 284-A:3 and RSA 284-A:4, I-II as inserted by section 1 of this act shall take effect January 1, 2003.
Amendment failed.
Question is on the motion of ought to pass.
Motion failed.
Question is on the committee report of inexpedient to legislate.
Committee report of inexpedient to legislate is adopted.
Senator Gatsas (Rule #42).
Senator Gordon is in favor of the motion of inexpedient to legislate on SB 344.
SB 377-FN-A-L, repealing the education property tax. Ways and Means Committee. Vote 4-0. Inexpedient to Legislate, Senator D'Allesandro for the committee.
Committee report of inexpedient to legislate is adopted.
Senator Gordon is in opposition to the motion of inexpedient to legislate on SB 377-FN-A-L.
Senator Pignatelli moved to have SB 407-FN, requiring restroom facilities in certain state buildings, taken off the table.
Motion failed.
TAKEN OFF THE TABLE
Senator Larsen moved to have SB 391-FN, relative to appeals from the compensation appeals board, taken off the table.
A division vote was requested.
Yeas: 13 - Nays: 8
Adopted.
SB 391-FN, relative to appeals from the compensation appeals board.
Question is on the motion of ought to pass.
Adopted.
Referred to the Finance Committee (Rule #24).
SB 140-FN-L, relative to the formula for free and reduced-price lunches. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Below for the committee.
2002-2775s
04/10
Amendment to SB 140-FN-LOCAL
Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:
2 Applicability. The provisions of this act shall apply to adequate education grant calculations made for the fiscal year beginning July 1, 2003 and every fiscal year thereafter.
Amendment adopted.
Senator Below offered a floor amendment.
2002-2811s
04/09
Floor Amendment to SB 140-FN
Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 4:
3 Free or Reduced-Price Meals; Calculation for Fiscal Years 2004 and 2005.
I. For the fiscal years ending June 30, 2004 and June 30, 2005, the department of education shall calculate:
(a) The amount each school district would receive for free or reduced-price meals under RSA 198:38, VII(d) as inserted by section 1 of this act; and
(b) The amount each school district would receive for free or reduced-price meals under RSA 198:38, VII(d).
II. For the fiscal years ending June 30, 2004 and June 30, 2005, if the amount calculated under subparagraph I(a) is less than the amount calculated under subparagraph I(b), then the department of education shall determine the total amount of the difference and allocate such amount on a pro rata basis to those school districts which would receive less under subparagraph I(a) for free or reduced-price meals then under subparagraph I(b).
2002-2811s
AMENDED ANALYSIS
This bill modifies the formula for calculating the portion of the adequate education grant based on free and reduced-price lunches. The bill also provides that for fiscal years 2004 and 2005, if the amount a school district receives free or reduced-price meals under the new formula established in this bill is less than the amount a school district would receive under the existing formula, the total amount of the reductions caused by the new formula shall be allocated on a pro rata basis to those school districts whose amounts are reduced under the new formula.
A division vote was requested.
Yeas: 12 - Nays: 12
Floor amendment failed.
Ordered to third reading.
Taken off the table
Senator Fernald moved to have SB 335, relative to prohibited political contributions, taken off the table.
A division vote was requested.
Yeas: 13 - Nays: 11
Adopted.
Question is on the substitute motion of ought to pass.
A roll call was requested by Senator Fernald.
Seconded by Senator McCarley.
The following Senators voted Yes: Gordon, Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.
The following Senators voted No: Burns, Johnson, Boyce, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.
Yeas: 12 - Nays: 12
Motion failed.
Senator Boyce moved inexpedient to legislate.
A roll call was requested by Senator Fernald.
Seconded by Senator McCarley.
The following Senators voted Yes: Burns, Johnson, Boyce, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.
The following Senators voted No: Gordon, Below, McCarley, Disnard, Fernald, Pignatelli, Larsen, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.
Yeas: 12 - Nays: 12
Motion failed.
Senator Fernald moved to have SB 335, relative to prohibited political contributions, laid on the table.
A division vote was requested.
Yeas: 16 - Nays: 8
Adopted.
LAID ON THE TABLE
SB 335, relative to prohibited political contributions.
Senator Fernald moved to have SB 336, relative to political contributions, taken off the table.
Senator Fernald withdrew his motion.
TAKEN OFF THE TABLE
Senator Fernald moved to have SB 340, relative to alternations to party registration, taken off the table.
Adopted.
SB 340, relative to alternations to party registration.
Question is on the motion of ought to pass.
A roll call was requested by Senator Fernald.
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 Francoeur moved inexpedient to legislate.
Adopted.
SB 340 is inexpedient to legislate.
Senator Below moved to have SB 87, relative to permissible campaign contributions by business organizations and labor unions, taken off the table.
A division vote was requested.
Yeas: 12 - Nays: 12
Motion failed.
SB 309-FN, relative to payment of medical benefits costs for disabled group II permanent firemen members of the retirement system. Finance Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.
Adopted.
Ordered to third reading.
SB 314-FN, relative to Selective Service Act Compliance through driver's license applications. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Barnes for the committee.
2002-2766s
03/10
Amendment to SB 314-FN
Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 4:
3 Appropriation; Selective Service Compliance. The sum of $1 is hereby appropriated for the biennium ending June 30, 2003, for the purposes of this act. Said appropriation shall be a charge against the highway fund.
Amendment adopted.
Ordered to third reading.
SB 315-FN, relative to requiring payment of a club assistance program fee by persons registering snow traveling vehicles who are not members of an organized snowmobile club. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.
Adopted.
Ordered to third reading.
SB 332-FN, relative to the payment of medical benefits costs for certain group II permanent firemen members injured or killed in the performance of duty. Finance Committee. Vote 7-0. Ought to pass with amendment, Senator Gatsas for the committee.
2002-2761s
10/04
Amendment to SB 332-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to the payment of medical benefits costs for certain group II permanent firemen members injured in the performance of duty.
Amend the bill by replacing all after the enacting clause with the following:
1 New Subparagraph; Group II; Payment of Medical Benefits; Permanent Firemen Disability Retirees. Amend RSA 100-A:52, I by inserting after subparagraph (g) the following new subparagraph:
(h) Any person retired as a group II permanent firemen member on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty, and the spouse and dependent children of such person until each child attains 18 years of age or attains 23 years of age if attending school on a full-time basis.
2 Effective Date. This act shall take effect July 1, 2002.
2002-2761s
AMENDED ANALYSIS
This bill provides for the payment of medical benefits premium costs for certain group II permanent firemen retirement system members on disability retirement, and includes the person’s spouse and dependent children.
Amendment adopted.
Ordered to third reading.
Senator Francoeur is in favor of the ought to pass motion on SB 332-FN-A.
SB 343-FN, relative to appeals in actions against tenants. Finance Committee.
MAJORITY REPORT: Inexpedient to Legislate, Senator Barnes for the committee. Vote 4-3
MINORITY REPORT: Ought to Pass, Senator Below for the committee. Vote 3-4
Question is on the motion of ought to pass.
A roll call was requested by Senator Below.
Seconded by Senator Gordon.
The following Senators voted Yes: Gordon, Johnson, Below, McCarley, Flanders, Disnard, Roberge, Eaton, Fernald, Pignatelli, Larsen, Gatsas, Barnes, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.
The following Senators voted No: Burns, Boyce, O'Hearn, Francoeur, Prescott, Klemm.
Yeas: 18 - Nays: 6
Adopted.
Ordered to third reading.
SB 360-FN, establishing criminal penalties for the introduction of computer contaminants. Finance Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.
SUBSTITUTE MOTION
Senator Boyce moved to substitute interim study for ought to pass.
Motion failed.
Question is on the motion of ought to pass.
Adopted.
Ordered to third reading.
SB 371-FN, relative to the regulation of manufactured housing parks. Finance Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.
Adopted.
Ordered to third reading.
SB 372, prohibiting the sale of reformulated gasoline in certain counties of the state. Finance Committee. Vote 7-0. Ought to Pass, Senator Larsen for the committee.
Adopted.
Ordered to third reading.
SB 396-FN, relative to group II retirement status for criminalists employed by the department of safety. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.
Adopted.
Ordered to third reading.
SB 401-FN-A, relative to long-term care funding and making an appropriation therefor. Finance Committee. Vote 6-0. Ought to Pass, Senator Barnes for the committee.
Adopted.
Senator Boyce offered a floor amendment.
2002-2782s
08/10
Amendment to SB 401-FN-A
Amend the bill by replacing section 1 with the following:
1 Supplemental Appropriation.
I. Amend 2001, 130:1, PAU 05, 01, 10, 04, 01 by increasing Class 90, 91 and 95 and the estimated source of funds as follows:
FY 2002 FY 2003
Class 90 – Nursing Services G 16,831,792 16,831,792
Class 91 – Home Nursing Services 1,685,944 1,685,944
Class 95 – Nursing Services – Mid Level Care 142,126 142,126
Other Funds 9,329,931 9,329,931
Federal Funds 9,329,931 9,329,931
Total Funds 18,659,862 18,659,862
II. The funds appropriated under paragraph I of this section shall be in addition to any other funds appropriated to the department of health and human services.
Amend section 2 of the bill by inserting after paragraph II the following new paragraphs:
III Within 30 days of the effective date of this act, the department of health and human services shall reculculate the payments made to home health facilities and nursing services mid level care facilities retroactive to July 1, 2001.
IV. On or before July 1, 2002, the department of health and human services shall increase calculations and payments to, as closely as possible, fully expend the total dollars appropriated in 2001, 130:1, PAU 05, 01, 10, 04, 01, class 91 and class 95 for the state fiscal year ending June 30, 2003.
Amend the bill by inserting after section 3 the following and renumbering the original section 4 to read as 5:
4 Supplemental Appropriation.
I. Amend 2001, 130:1, PAU 05, 01, 07, 06, 03 by increasing class 90 line for emergency medical transport services. The department of health and human services shall reimburse municipal and private emergency medical ambulance transport providers in the class 90 account of PAU 05, 01, 07, 06, 03 for the emergency and non-emergency transportation of New Hampshire Medicaid patients at the same transport and mileage rate as the Federal Health Care Financing Authority pays for the emergency and non-emergency transportation of Medicare patients. Payment of the new rate shall be retroactive to January 1, 2002 for all emergency and non-emergency ambulance transports of Medicaid patients.
II. Notwithstanding any other provision of law, the funds required to increase the payment to the new rate provided in this section shall be transferred from the balance in the health care fund established in RSA 167:70.
2002-2782s
AMENDED ANALYSIS
This bill increases the funding for long-term care nursing services. The bill also requires the department of health and human services to recalculate the payments made to nursing facilities, and requires the department of health and human services to reimburse municipal and private emergency medical ambulance transport providers for the transportation of medicaid patients.
Floor amendment adopted.
Senator Boyce moved to have SB 401-FN-A, relative to long-term care funding and making an appropriation therefor, laid on the table.
Adopted.
LAID ON THE TABLE
SB 401-FN-A, relative to long-term care funding and making an appropriation therefor.
Senator Pignatelli is excused for the evening.
SB 402-FN-A, establishing a committee to study long-term care funding and making an appropriation therefor. Finance Committee. Vote 4-2. Ought to Pass, Senator Boyce for the committee.
Question is on the motion of ought to pass.
A roll call was requested by Senator Wheeler.
Seconded by Senator Hollingworth.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.
The following Senators voted No: Below, McCarley, Disnard, Fernald, Larsen, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.
Yeas: 13 - Nays: 10
Adopted.
Ordered to third reading.
SB 418-FN, relative to unemployment compensation. Finance Committee. Vote 6-1. Ought to Pass, Senator Hollingworth for the committee.
Adopted.
Ordered to third reading.
SB 420-FN-A, making an appropriation for the purpose of hiring a recreational ride and lift investigator. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Gatsas for the committee.
2002-2759s
03/04
Amendment to SB 420-FN-A
Amend the bill by replacing section 2 with the following:
2 Appropriation. The sum of $1 is hereby appropriated for the fiscal year ending June 30, 2003 to the department of safety, division of safety services for the purposes of this act. This appropriation is in addition to any other funds appropriated to the department of safety, division of safety services. The commissioner of safety shall furnish suitable equipment to the recreational ride and lift investigator out of the sum appropriated herein. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
Amendment adopted.
Ordered to third reading.
SB 422-FN, relative to the insurance laws. Finance Committee. Vote 4-2. Ought to Pass, Senator Hollingworth for the committee.
Adopted.
Senator Francoeur offered a floor amendment.
2002-2816s
09/10
Floor Amendment to SB 422-FN
Amend the bill by replacing section 27 with the following:
27 Sales of Insurance by Financial Institutions; Separation of Activities. RSA 406-C:7, I is repealed and reenacted to read as follows:
I. A financial institution shall, to the extent practicable, keep the area where the bank conducts transactions involving insurance products or annuities physically segregated from areas where retail deposits are routinely accepted from the general public or credit transactions are conducted, identify the areas where insurance product or annuity sales activities occur, and clearly delineate and distinguish those areas from the areas where the bank’s retail deposit-taking activities or credit transactions occur; provided that this section shall not apply to the sale of credit life accident and health insurance, mortgage life and disability insurance, and private mortgage insurance issued under a certificate of a bank policy.
Amend the bill by replacing section 28 with the following:
28 Insurance Companies and Agents; Rulemaking Authority. Amend the introductory paragraph of RSA 402:30-a to read as follows:
The commissioner shall adopt rules, under RSA 541-A, which are reasonable and necessary for the implementation and administration of this chapter relative to:
Amend the bill by deleting section 29 and renumbering sections 30-48 to read as 29-47, respectively.
Amend the bill by replacing section 29 with the following:
29 Reinsurance Intermediaries; Rulemaking. Amend the introductory paragraph of RSA 402-F:11 to read as follows:
The commissioner shall adopt rules, under RSA 541-A which are reasonable and necessary for the implementation and administration of this chapter, relative to:
Amend the bill by deleting sections 30-32 and renumbering sections 33-47 to read as 30-34.
Amend the bill by replacing section 30 with the following:
30 Preferred Provider Agreements; Rulemaking. Amend the introductory paragraph of RSA 420-C:6, I to read as follows:
I. The commissioner shall adopt rules under RSA 541-A necessary for the implementation and administration of this chapter, relative to:
Amend the bill by deleting sections 31-32 and renumbering sections 33-44 to read as 31-42.
Floor amendment adopted.
Ordered to third reading.
SB 423-FN-A, relative to fees collected by the department of safety and certificates of title. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Eaton for the committee.
2002-2765s
03/04
Amendment to SB 423-FN-A
Amend the bill by deleting section 2 and renumbering the original sections 3-11 to read as 2-10, respectively.
Amend the bill by replacing section 9 with the following:
9 Appropriation; Motor Vehicle Inspectors. The sums of $490,000 for the fiscal year ending June 30, 2003 and $830,000 for the fiscal year ending June 30, 2004, are hereby appropriated to the department of safety for the purpose of hiring 10 motor vehicle inspectors for the enforcement duties established in RSA 266:1-a. Said appropriations shall be a charge against the highway fund.
Amendment adopted.
Ordered to third reading.
SB 427-FN-A, revising the career incentive program within the postsecondary education commission. Finance Committee. Vote 4-1. Inexpedient to Legislate, Senator Boyce for the committee.
SUBSTITUTE MOTION
Senator Larsen moved to substitute interim study for inexpedient to legislate.
Question is on the motion of interim study.
A roll call was requested by Senator Barnes.
Seconded by Senator Eaton.
The following Senators voted Yes: Burns, Gordon, Johnson, Below, McCarley, Flanders, Disnard, Roberge, Eaton, Fernald, O'Hearn, Francoeur, Larsen, Gatsas, O'Neil, Prescott, D'Allesandro, Wheeler, Klemm, Hollingworth, Cohen.
The following Senators voted No: Boyce, Barnes.
Yeas: 21 - Nays: 2
Adopted.
SB 427-FN-A is referred to interim study.
HB 285-FN-L, relative to the adoption of a state building code. Finance Committee. Vote 5-0. Ought to Pass, Senator Eaton for the committee.
Adopted.
Ordered to third reading.
HB 1411-FN-A, making an appropriation to the judicial branch for district and probate court security. Finance Committee. Vote 5-0. Ought to Pass, Senator Barnes for the committee.
Adopted.
Ordered to third reading.
Suspension of the rules
Senator Barnes moved that the rules of the Senate be so far suspended as to allow Finance Committee reports not advertised in the Senate Calendar.
Adopted by the necessary 2/3 vote.
SB 198-FN-A, expanding the authority of the sweepstakes commission to establish a 2-year pilot program for video lottery games at state liquor stores, and making an appropriation therefor. Finance Committee. Interim Study. Senator Gatsas for the Committee.
Question is on the motion of interim study.
A roll call was requested by Senator Gatsas.
Seconded by Senator Barnes.
The following Senators voted Yes: Burns, McCarley, Disnard, Eaton, Gatsas, O'Neil, D'Allesandro, Klemm.
The following Senators voted No: Gordon, Johnson, Boyce, Below, Flanders, Roberge, Fernald, O'Hearn, Francoeur, Larsen, Barnes, Prescott, Wheeler, Hollingworth, Cohen.
Yeas: 8 - Nays: 15
Motion failed.
Senator Below moved inexpedient to legislate.
A roll call was requested by Senator Gatsas.
Seconded by Senator Barnes.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Below, Flanders, Roberge, Fernald, O'Hearn, Francoeur, Larsen, Barnes, Prescott, Wheeler, Hollingworth, Cohen.
The following Senators voted No: McCarley, Disnard, Eaton, Gatsas, O'Neil, D'Allesandro, Klemm.
Yeas: 16 - Nays: 7
Adopted.
SB 198 is inexpedient to legislate.
Suspension of the rules
Senator Barnes moved that the rules of the Senate be so far suspended as to allow Finance Committee reports not advertised in the Senate Calendar.
Adopted by the necessary 2/3 vote.
SB 391-FN, relative to appeals from the compensation appeals board. Finance Committee. Vote 3-2. Ought to pass, Senator Below for the committee.
Adopted.
Senator Fernald offered a floor amendment.
2002-2820s
09/03
Floor Amendment to SB 391-FN
Amend the bill by replacing sections 1 and 2 with the following:
1 Appeals From Compensation Appeals Board. Amend RSA 281-A:43, I(c) to read as follows:
(c) Any party in interest aggrieved by any order or decision of the board may appeal to the [supreme] superior court pursuant to RSA 541. For the purpose of such appeals, all references in RSA 541 to the supreme court shall be deemed to be to the superior court. Appeals to the superior court shall be filed in the county or judicial district thereof where the employee or employer resides. If neither party resides in the state, the appeal may be filed in any county or judicial district. Any appeal from the superior court to the supreme court shall be by noticed of appeal in accordance with the rules of the supreme court.
2 Award of Fees and Interest. Amend RSA 281-A:44, I to read as follows:
I. In any dispute over the amount of the benefit payable under this chapter which is appealed to the board, the superior court, or the supreme court [or both], the employee, if such employee prevails, shall be entitled to reasonable counsel fees and costs as approved by the board or the applicable court and interest at the rate of 10 percent per year on that portion of any award the payment of which is contested. The interest shall be computed from the date of injury.
Floor amendment adopted.
Ordered to third reading.
Suspension of the rules
Senator Barnes moved that the rules of the Senate be so far suspended as to allow Finance Committee reports not advertised in the Senate Calendar.
Adopted by the necessary 2/3 vote.
SB 403-FN, relative to special motorcycle number plates for veterans who were awarded the purple heart medal, special motorcycle licenses, and motor vehicle inspectors. Finance Committee. Vote 5-0, Ought to pass, Senator Eaton for the committee.
Adopted.
Ordered to third reading.
CACR 33, relating to procedure for nomination of judges. Providing that the governor shall nominate judges from persons selected by an independent commission. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Pignatelli for the committee.
2002-2684s
09/04
Amendment to CACR 33
Amend the title of the bill by replacing it with the following:
RELATING TO: procedure for nomination of judges.
PROVIDING THAT: the governor shall nominate judges from persons selected by an independent commission whose composition shall be determined by the legislature.
Amend the bill by replacing all after the resolving clause with the following:
I. That article 46 of the second part of the constitution be repealed and readopted to read as follows:
[Art.] 46. [Nomination and Appointment of Officers; Judicial Commission.] The attorney general and all general and field officers of the militia, shall be nominated and appointed by the governor and council. Every such nomination shall be made at least 10 days prior to such appointment. No appointment shall take place unless a majority of the council agree thereto. Beginning January 1, 2003, all judicial officers shall be nominated and appointed by the governor and council from individuals recommended to the governor by a judicial commission established for the purpose of evaluating the qualifications of judicial candidates. The composition of the commission shall be determined by the legislature, provided that: no member shall be an active or retired judge of any state court; no member shall hold an elected state or county office; and no more than ½ of the membership of the commission shall be members of any one political party.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2002.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2002 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2002 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
Are you in favor of repealing and readopting article 46 of the second part of the constitution to read as follows:
[Art.] 46. [Nomination and Appointment of Officers; Judicial Commission.] The attorney general and all general and field officers of the militia, shall be nominated and appointed by the governor and council. Every such nomination shall be made at least 10 days prior to such appointment. No appointment shall take place unless a majority of the council agree thereto. Beginning January 1, 2003, all judicial officers shall be nominated and appointed by the governor and council from individuals recommended to the governor by a judicial commission established for the purpose of evaluating the qualifications of judicial candidates. The composition of the commission shall be determined by the legislature, provided that: no member shall be an active or retired judge of any state court; no member shall hold an elected state or county office; and no more than ½ of the membership of the commission shall be members of any one political party.
V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments proposed by the 2002 General Court" shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.
2002-2684s
AMENDED ANALYSIS
This constitutional amendment concurrent resolution provides that beginning January 1, 2003, the judicial selection process shall be conducted through a judicial commission, whose composition shall be determined by the legislature. The judicial commission shall recommend qualified individuals to the governor and council for appointment as judicial officers.
Amendment adopted.
Question is on ordering to third reading.
A roll call is required.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Below, McCarley, Flanders, Disnard, Roberge, Eaton, Fernald, O'Hearn, Francoeur, Larsen, Gatsas, Barnes, O'Neil, Prescott, D'Allesandro, Wheeler, Klemm, Hollingworth, Cohen.
The following Senators voted No:
Yeas: 23 - Nays: 0
Adopted by the necessary 3/5 vote.
Ordered to third reading.
TAKEN OFF THE TABLE
Senator Gordon moved to have CACR 5, relating to the rulemaking authority of the supreme court. Providing that supreme court may adopt rules that have the force and effect of law, and that the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court, and that in the event of a conflict between a statute and a rule, the statute, if otherwise valid, shall supersede the rule, taken off the table.
Adopted.
Senator Gordon offered a floor amendment.
2002-2390s
06/01
Floor Amendment to CACR 5
Amend the resolution by replacing all after the resolving clause with the following:
I. That article 73-a of the second part of the constitution be repealed and reenacted to read as follows:
[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the security and administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicatory functions for which the courts were created. In the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2002.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2002 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2001 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
"Are you in favor of amending article 73-a of the second part of the constitution to read as follows:
[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the security and administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicatory functions for which the courts were created. In the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution."
V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments Proposed by the 2001 General Court" shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.
2002-2390s
AMENDED ANALYSIS
This constitutional amendment concurrent resolution provides that the supreme court may adopt rules that have the force and effect of law, and that the general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicatory functions for which the courts were created. The resolution also provides that in the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution.
Floor amendment adopted.
Senator Below offered a floor amendment.
2002-2403s
06/09
Floor Amendment to CACR 5
Amend the resolution by replacing all after the resolving clause with the following:
I. That article 73-a of the second part of the constitution be repealed and reenacted to read as follows:
[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the security and administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicatory functions for which the courts were created. Legislation regulating the security and internal administration of the courts shall require a 3/5 vote of each house to become law. In the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2002.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2002 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2001 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
"Are you in favor of amending article 73-a of the second part of the constitution to read as follows:
[Art.] 73-a. [Supreme Court Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, have the power by rule to regulate the security and administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicatory functions for which the courts were created. Legislation regulating the security and internal administration of the courts shall require a 3/5 vote of each house to become law. In the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution."
V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments Proposed by the 2002 General Court" shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.
2002-2403s
AMENDED ANALYSIS
This constitutional amendment concurrent resolution provides that the supreme court may adopt rules that have the force and effect of law, and that the general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicatory functions for which the courts were created. Legislation regulating the security and internal administration of the courts shall require a 3/5 vote of each house to become law. The resolution also provides that in the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution.
Floor amendment failed.
Question is on ordering to third reading.
A roll call is required.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Flanders, Roberge, Eaton, O'Hearn, Francoeur, Larsen, Gatsas, Barnes, O'Neil, Prescott, D'Allesandro, Klemm.
The following Senators voted No: Below, McCarley, Disnard, Fernald, Wheeler, Hollingworth, Cohen.
Yeas: 16 - Nays: 7
Adopted.
Ordered to third reading.
SB 307, relative to limitation of liability for dentists and dental hygienists working in free dental clinics. Judiciary Committee. Vote 4-0. Interim Study, Senator Pignatelli for the committee.
Committee report of interim study is adopted.
SB 310, relative to child custody. Judiciary Committee. Vote 3-1. Inexpedient to Legislate, Senator Gordon for the committee.
Committee report of inexpedient to legislate is adopted.
SB 333, establishing a committee to study the efficiency of the current jury selection and jury duty process. Judiciary Committee. Vote 4-0. Inexpedient to Legislate, Senator Fernald for the committee.
Committee report of inexpedient to legislate is adopted.
SB 337, relative to consent orders in abuse and neglect cases. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.
2002-2697s
05/01
Amendment to SB 337
Amend the bill by replacing all after the enacting clause with the following:
1 Child Protection Act; Consent Order; Finding Not Required. Amend RSA 169-C:17, II to read as follows:
II. A consent order shall not be approved unless the department consents and the child and parents, guardian, or custodian are informed of the consequences of the order by the court and the court determines that the child and parents voluntarily and intelligently consent to the terms and conditions of the order. A consent order under this section may include a finding of abuse or neglect; however, a finding of abuse or neglect shall not be required.
2 Child Protection Act; Dispositional Hearing. Amend the introductory paragraph of RSA 169-C:19 to read as follows:
169-C:19 Dispositional Hearing. The department of health and human services shall provide the court with the costs of the recommended services, placements and programs. If the court finds that a child is abused or neglected or if the court issues a consent order pursuant to RSA 169-C:17, II, the court may order the following disposition:
3 Effective Date. This act shall take effect January 1, 2003.
Amendment adopted.
Ordered to third reading.
SB 338, relative to ex parte orders in domestic relations cases. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.
2002-2698s
05/10
Amendment to SB 338
Amend RSA 458:16, II (a) as inserted by section 1 of the bill by replacing it with the following:
II.(a) Exparte orders may be granted without written or oral notice to the adverse party only if the court finds from specific facts shown by affidavit or by the verified petition, that immediate and irreparable injury, loss, or damage will result to the applicant, the children, or property before the adverse party or attorney can be heard in opposition.
Amendment adopted.
Ordered to third reading.
SB 339, relative to attorney fee agreements which shall be filed with a court. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.
2002-2682s
09/03
Amendment to SB 339
Amend the title of the bill by replacing it with the following:
AN ACT relative to approval of contingent fee agreements by the courts.
Amend the bill by replacing all after the enacting clause with the following:
1 Contingent Fees. Amend RSA 508:4-e to read as follows:
508:4-e Contingent Fees.
I. Contingent fee agreements between attorney and client shall be governed by Rules of Professional Conduct, Rule 1.5 as it may be amended by the supreme court from time to time and by any other rules regarding fees which are adopted or amended by the court.
II. No attorney shall enter into such a contingent fee arrangement with his or her client without first advising the client of his or her right and affording the client an opportunity to retain the attorney under an arrangement whereby the attorney would be compensated on the basis of the reasonable value of his or her services.
III. [All written contingency fee agreements entered into pursuant to Rule 1.5(c) of the Rules of Professional Conduct shall be filed with the court at the time of the entry of pleadings by the plaintiff's attorney.
IV. At the time of settlement or judgment of any action, all counsel of record will submit to the court a complete review of all fees received for services for said action; and all costs accruing from said action including, but not limited to, fees paid to expert witnesses.] All fees for actions, resulting in settlement or judgment of [$200,000] $300,000 or more, shall be subject to approval by the court.
2 Effective Date. This act shall take effect January 1, 2003.
2002-2682s
AMENDED ANALYSIS
This bill removes a requirement that attorneys file written contingency agreements and reviews of fees received with the court. The bill requires attorneys’ fees in actions resulting in settlement or judgment of more than $300,000 to be approved by the courts.
Amendment adopted.
Ordered to third reading.
SB 408, governing records management of abuse or neglect reports. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.
2002-2695s
05/10
Amendment to SB 408
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Child Protection Act; Reporting Law; Records Management of Abuse and Neglect Reports. Amend RSA 169-C by inserting after section 35 the following new section:
169-C:35-a Records Management of Abuse and Neglect Reports.
I. The department shall retain a screened-out report for one year from the date that the report was screened-out, after which time, the department shall delete or destroy all electronic and paper records of the report. In this section, a "screened-out report" is one which the department has determined does not rise to the level of a credible report of abuse or neglect and is not referred for assessment.
II. The department shall retain an unfounded report for 3 years from the date that the department determined the case to be unfounded, after which time, the department shall delete or destroy all electronic and paper records of the report.
III. The department shall retain a founded report for 7 years from the date that the petitionee has exhausted his or her due process right to appeal the department’s determination to found the report, after which time, the department shall delete or destroy all electronic and paper records of the report.
IV. The provisions of paragraph III, which relate to the destruction of the records of founded reports, shall not apply to cases that remain open with the department in excess of 7 years or to adoption records. Upon the closure of a case which has remained open with the department in excess of 7 years, the department shall delete or destroy all electronic and paper records of the report.
V. Nothing in this section shall prevent the department from retaining generic data required for state and federal reporting and management purposes.
2 Effective Date. This act shall take effect 180 days after its passage.
Amendment adopted.
Ordered to third reading.
SB 409, relative to the length of time reports of child abuse and neglect are maintained in the state's central registry. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.
2002-2714s
05/10
Amendment to SB 409
Amend the bill by replacing all after the enacting clause with the following:
1 Child Protection Act; Central Registry. RSA 169-C:35 is repealed and reenacted to read as follows:
169-C:35 Central Registry.
I. There shall be established a state registry for the purpose of maintaining a record of founded reports of abuse and neglect. The registry shall be confidential and subject to rules on access established by the commissioner of the department under RSA 541-A.
II. Upon receipt by the department of a written request and verified proof of identity, an individual shall be informed by the department whether that individual’s name is listed in the founded reports maintained in the central registry. It shall be unlawful for any employer other than those specified in RSA 170-E and RSA 170-G:8-c to require as a condition of employment that the employee submit his or her name for review against the central registry of founded reports of abuse and neglect. Any violation of this provision shall be punishable as a violation.
III. Founded reports of abuse and neglect shall be retained for a period of 7 years subject to an individuals’ right to petition for the earlier removal of his or her name from the central registry as provided in this section.
IV. Any individual whose name is listed in the founded reports maintained on the central registry may petition the district court to have his or her name expunged from the registry.
(a) A petition to expunge shall be filed in the district court where the abuse and neglect petition was heard. In cases where the department makes a finding but no petition is filed with the court, a petition to expunge shall be filed in the district court where the petition for the abuse and neglect could have been brought.
(b) A petition to expunge shall be filed on forms promulgated by the district courts and may include any information the petitioner deems relevant.
(c) When a petition to expunge is filed, the district court shall require the department to report to the court concerning any additional founded abuse and neglect reports on the petitioner and shall require that the department submit the petitioner’s name, birth date, and address to the state police to obtain information about criminal convictions. The court may require the department to provide any additional information that the court believes may aid it in making a determination on the petition.
(d) Upon the receipt of the department’s report, the court may act on the petition without further hearing or may schedule the matter for hearing at the request of either party. If the court determines that the petitioner does not pose a present threat to the safety of children, the court shall grant the petition and order the department to remove the individual’s name from the central registry. Otherwise, the petition shall be dismissed.
V. When an individual’s name is added to the central registry, the department shall notify individuals of their right to petition to have their name expunged from the central registry. No petition to expunge shall be brought within one year from the date that the petitioner’s name was initially entered on the central registry. If the petition to expunge is denied, no further petition shall be brought more frequently than every 3 years thereafter.
2 Effective Date. This act shall take effect January 1, 2003.
2002-2714s
AMENDED ANALYSIS
This bill requires founded reports of child abuse and neglect to be listed in the central registry and establishes a procedure for individuals to petition to have their names removed from the registry.
This bill is a result of the committee established pursuant to 2001, 99 (SB 123).
Amendment adopted.
Ordered to third reading.
SB 415, relative to the severing of joint tenancies in property by divorce. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Gordon for the committee.
Adopted.
Ordered to third reading.
SB 300, relative to the adoption of bonds or notes in certain school districts and municipalities. Public Affairs Committee.
SPLIT REPORT: Ought to Pass, Senator Roberge for the committee. Vote 2-2
SPLIT REPORT: Inexpedient to Legislate, Senator O'Neil for the committee. Vote 2-2
SUBSTITUTE MOTION
Senator Roberge moved to substitute interim study for ought to pass.
Adopted.
SB 300 is referred to interim study.
SB 431, relative to political expenditure limitations. Public Affairs Committee.
SPLIT REPORT: Ought to Pass, Senator Francoeur for the committee.
SPLIT REPORT: Inexpedient to Legislate, Senator Disnard for the committee. Vote 2-2
Question is on the motion of ought to pass.
A roll call was requested by Senator Fernald.
Seconded by Senator Below.
The following Senators voted Yes: Burns, Johnson, Boyce, Flanders, Eaton, O'Hearn, Francoeur, Klemm.
The following Senators voted No: Gordon, Below, McCarley, Disnard, Roberge, Fernald, Larsen, Gatsas, Barnes, O'Neil, Prescott, D'Allesandro, Wheeler, Hollingworth, Cohen.
Yeas: 8 - Nays: 15
Motion failed.
Question is on the motion of inexpedient to legislate.
Committee report of inexpedient to legislate is adopted.
TAKEN OFF THE TABLE
Senator Fernald moved to have SB 336, relative to political contributions, taken off the table.
Adopted.
SB 336, relative to political contributions.
Senator Fernald moved ought to pass.
Question is on the motion of ought to pass.
A roll call was requested by Senator Wheeler.
Seconded by Senator Fernald.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Below, McCarley, Flanders, Disnard, Eaton, Fernald, O'Hearn, Francoeur, Larsen, Gatsas, Barnes, O'Neil, Prescott, D'Allesandro, Wheeler, Klemm, Hollingworth, Cohen.
The following Senators voted No: Roberge.
Yeas: 22 - Nays: 1
Adopted.
Senator Francoeur offered a floor amendment.
2002-2834s
04/10
Floor Amendment to SB 336
Amend the title of the bill by replacing it with the following:
AN ACT relative to disclosure of political contributions and expenditures.
Amend the bill by replacing all after the enacting clause with the following:
1 Reporting by Political Committees. RSA 664:6 is repealed and reenacted to read as follows:
664:6 Reporting by Political Committee.
I. Any political committee registered pursuant to RSA 664:3 shall file with the secretary of state an itemized statement, signed by its chairman and treasurer showing each of its receipts exceeding $25 with the full name and home post office address of the contributor in alphabetical order and the amount of the contribution, the date it was received, and the aggregate total for each election for each contributor of over $100. The statement shall be filed not later than the first day of the month following the committee’s registration, before 4 o’clock in the afternoon, and shall cover the period from the day of the committee registration up to and including the Monday before the statement is due. All receipts of $25 or under shall appear on the statements as unitemized receipts. Any listing which exceeds an individual’s aggregate total of $100 for each election shall be accompanied by the contributor’s occupation including official job title, the name of the contributor’s employer, and the city or town of the contributor’s principal place of business, if any. The statement shall also show each committee expenditure with the full name and city or town of persons, corporations, committees, or to whomever paid or to be paid, the date paid, and the election for which the expenditure was made, with the specific nature and amount of each expenditure since the date of the registration.
II. An itemized statement in the same form as in paragraph I shall be filed with the secretary of state not later than the first day of each month following the committee’s filing of a statement under paragraph I, before 4 o’clock in the afternoon. The statement shall summarize all previous statements filed and shall itemize all receipts and expenditures since the cutoff of the previous statement up until the Monday preceding the filing of the statement under this paragraph.
III. Any political committee which has any outstanding debt, obligation, or surplus following the election shall file reports at least once every month thereafter in the same form as in paragraph I until the obligation or indebtedness is entirely satisfied or surplus deleted, at which time a final report shall be filed.
IV. Copies of the statements required by paragraphs I through III of the state committee of a political party shall be filed with the secretary of state in sufficient numbers so as to provide a copy for the state committee of each party on the ballot, which they may obtain by application to the secretary of state.
V. Any national political party committee of a party as defined in RSA 652:11 may make contributions or expenditures on behalf of state candidates without complying with the requirements of paragraphs I through III, provided that the total contribution or expenditure made in behalf of a candidate or political committee in this state whether directly or indirectly does not exceed the limit for personal contributions in RSA 664:4.
VI. The provisions of this paragraph shall apply only to a political committee for an individual candidate who is seeking a federal office whose holder is chosen by the voters of this state only. Such a committee which is required by federal law to file with the federal government reports relative to receipts and expenditures in support of such one candidate may choose, at the time of registering under RSA 664:3, I, to file with the secretary of state copies of reports made to the federal government in accordance with the timetable established by federal laws for such reports in lieu of complying with the other reporting requirements of this section.
2 Reporting by Candidates. Amend RSA 664:7 to read as follows:
664:7 Reporting by Candidates. Each candidate at the primary or general election for governor, councilor, state senator, representative to general court, or county officer, who has expenditures exceeding $500, shall file statements before and after an election in like manner and detail as prescribed in RSA 664:6, II[, II-a,] and III, [IV, and V,] excepting, however, the expenditures of political committees of the party to which the candidate belongs in elections other than primaries.
3 Effective Date. This act shall take effect January 1, 2003.
2002-2834s
AMENDED ANALYSIS
This bill changes the reporting dates for political committees and candidates.
Senator Gatsas moved to have SB 336, relative to political contributions, laid on the table.
A roll call was requested by Senator Fernald.
Seconded by Senator McCarley.
The following Senators voted Yes: Burns, Gordon, Boyce, McCarley, Flanders, Disnard, Eaton, O'Hearn, Francoeur, Gatsas, Prescott, Klemm.
The following Senators voted No: Johnson, Below, Roberge, Fernald, Larsen, Barnes, O'Neil, D'Allesandro, Wheeler, Hollingworth, Cohen.
Yeas: 12 - Nays: 11
Adopted.
LAID ON THE TABLE
SB 336, relative to political contributions.
SB 358, relative to the authority to assess administrative fines to ophthalmic dispensers. Public Institutions, Health & Human Services Committee. Ought to pass. Vote 3-0. Senator Wheeler for the committee.
Adopted.
Ordered to third reading.
SB 393, relative to expiration of contact lens and corrective lens prescriptions. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to pass with amendment. Senator McCarley for the committee.
2002-2753s
08/10
Amendment to SB 393
Amend the bill by replacing section 1 with the following:
1 Definition; Prescription for Contact Lenses. Amend RSA 327-A:1, IV to read as follows:
IV. "Prescription for contact lenses" means a dated and signed, written direction specifying that it is for contact lenses and which shall include at least the power, size, curvature, color, and material composition of the contact lenses. A prescription for contact lenses may also include, at the prescriber’s professional discretion, other parameters or instructions such as lens manufacturer, prescription expiration date, number of permitted refills, and a statement prohibiting substitutions. Such parameters or instructions shall be honored by a person filling the prescription. Unless otherwise specified by the prescriber for health reasons, a contact lens prescription shall expire one year from the date of issue, however, a prescriber, at his or her discretion, may refill a prescription originally written by the prescriber.
2002-2753s
AMENDED ANALYSIS
This bill allows a contact lens prescriber to refill a contact lens prescription written by the prescriber.
Amendment adopted.
Ordered to third reading.
Senator D’Allesandro moved to have SB 428, changing the name of the joint committee on legislative facilities and codifying the powers and duties of the committee, taken off the table.
A division vote was requested.
Yeas: 11 – Nays: 12
Motion failed.
MOTION OF RECONSIDERATION
Senator McCarley, having voted on the prevailing side, moved reconsideration on SB 336, relative to political contributions, whereby we laid it on the table.
A division vote was requested.
Yeas: 13 - Nays: 10
Motion adopted.
SB 336, relative to political contributions.
Question is on the motion to have SB 336 laid on the table.
A roll call was requested by Senator McCarley.
Seconded by Senator Gordon.
The following Senators voted Yes: Burns, Johnson, Boyce, Flanders, Roberge, Eaton, O’Hearn, Barnes.
The following Senators voted No: Gordon, Below, McCarley, Disnard, Fernald, Francoeur, Larsen, Gatsas, O’Neil, Prescott, D’Allesandro, Wheeler, Klemm, Hollingworth, Cohen.
Yeas: 8 - Nays: 15
Motion failed.
Senator Francoeur moved to withdraw his previous floor amendment (2834).
Senator Francoeur offered a floor amendment.
2002-2837s
03/10
Floor Amendment to SB 336
Amend the title of the bill by replacing it with the following:
AN ACT relative to disclosure of political contributions and expenditures.
Amend the bill by replacing all after the enacting clause with the following:
1 Reporting by Political Committees. RSA 664:6 is repealed and reenacted to read as follows:
664:6 Reporting by Political Committee.
I. Any political committee registered pursuant to RSA 664:3 shall file with the secretary of state an itemized statement, signed by its chairman and treasurer showing each of its receipts exceeding $25 with the full name and home post office address of the contributor in alphabetical order and the amount of the contribution, the date it was received, and the aggregate total for each election for each contributor of over $100. The statement shall be filed not later than the first day of the month following the committee’s registration, before 4 o’clock in the afternoon, and shall cover the period from the day of the committee registration up to and including the Monday before the statement is due. All receipts of $25 or under shall appear on the statements as unitemized receipts. Any listing which exceeds an individual’s aggregate total of $100 for each election shall be accompanied by the contributor’s occupation including official job title, the name of the contributor’s employer, and the city or town of the contributor’s principal place of business, if any. The statement shall also show each committee expenditure with the full name and city or town of persons, corporations, committees, or to whomever paid or to be paid, the date paid, and the election for which the expenditure was made, with the specific nature and amount of each expenditure since the date of the registration.
II. An itemized statement in the same form as in paragraph I shall be filed with the secretary of state not later than the first day of each month following the committee’s filing of a statement under paragraph I, before 4 o’clock in the afternoon. The statement shall summarize all previous statements filed and shall itemize all receipts and expenditures since the cutoff of the previous statement up until the Monday preceding the filing of the statement under this paragraph. In addition to the reporting requirements contained in this section, the secretary of state shall be notified by the fiscal agent within 24 hours of any contribution exceeding $500 which is received within the 14 days prior to the day of election.
III. Any political committee which has any outstanding debt, obligation, or surplus following the election shall file reports at least once every month thereafter in the same form as in paragraph I until the obligation or indebtedness is entirely satisfied or surplus deleted, at which time a final report shall be filed.
IV. Copies of the statements required by paragraphs I through III of the state committee of a political party shall be filed with the secretary of state in sufficient numbers so as to provide a copy for the state committee of each party on the ballot, which they may obtain by application to the secretary of state.
V. Any national political party committee of a party as defined in RSA 652:11 may make contributions or expenditures on behalf of state candidates without complying with the requirements of paragraphs I through III, provided that the total contribution or expenditure made in behalf of a candidate or political committee in this state whether directly or indirectly does not exceed the limit for personal contributions in RSA 664:4.
VI. The provisions of this paragraph shall apply only to a political committee for an individual candidate who is seeking a federal office whose holder is chosen by the voters of this state only. Such a committee which is required by federal law to file with the federal government reports relative to receipts and expenditures in support of such one candidate may choose, at the time of registering under RSA 664:3, I, to file with the secretary of state copies of reports made to the federal government in accordance with the timetable established by federal laws for such reports in lieu of complying with the other reporting requirements of this section.
2 Reporting by Candidates. Amend RSA 664:7 to read as follows:
664:7 Reporting by Candidates. Each candidate at the primary or general election for governor, councilor, state senator, representative to general court, or county officer, who has expenditures exceeding $500, shall file statements before and after an election in like manner and detail as prescribed in RSA 664:6, II[, II-a,] and III, [IV, and V,] excepting, however, the expenditures of political committees of the party to which the candidate belongs in elections other than primaries.
3 Effective Date. This act shall take effect January 1, 2003.
2002-2837s
AMENDED ANALYSIS
This bill changes the reporting dates for political committees and candidates.
Question is on the adoption of the floor amendment.
A roll call was requested by Senator Barnes.
Seconded by Senator Fernald.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Flanders, Roberge, Eaton, O’Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.
The following Senators voted No: Below, McCarley, Disnard, Fernald, Larsen, O’Neil, D’Allesandro, Wheeler, Hollingworth, Cohen.
Yeas: 13 - Nays: 10
Floor amendment adopted.
Senator Fernald offered a floor amendment.
2002-2838s
03/10
Floor Amendment to SB 336
Amend the title of the bill by replacing it with the following:
AN ACT relative to disclosure of political contributions and expenditures.
Amend the bill by replacing all after the enacting clause with the following:
1 Political Expenditures and Contributions; Definitions; Contribution. Amend RSA 664:2, VIII to read as follows:
VIII. "Contribution" shall mean a payment, gift, subscription, assessment, contract, payment for services, dues advance, forbearance, or loan to a candidate or political committee made for the purpose of influencing the nomination or election of any candidate, or a payment, gift, subscription, assessment, contract, payment for services, dues advance, forbearance, or loan to a political party or a political committee of a political party. "Contributions" shall include the use of any thing of value but shall not include the services of volunteers who receive no pay therefor or the use of personal resources by a candidate on behalf of his or her candidacy. Any expenditure by a person, political committee, or other entity expressly advocating the election or defeat of a clearly identified candidate which is made with cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, or which is made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate, shall constitute a contribution to such candidate.
2 Reporting by Political Committees. RSA 664:6 is repealed and reenacted to read as follows:
664:6 Reporting by Political Committee.
I. Any political committee registered pursuant to RSA 664:3 shall file with the secretary of state an itemized statement, signed by its chairman and treasurer showing each of its receipts exceeding $25 with the full name and home post office address of the contributor in alphabetical order and the amount of the contribution, the date it was received, and the aggregate total for each election for each contributor of over $100. The statement shall be filed not later than the first day of the month following the committee’s registration, before 4 o’clock in the afternoon, and shall cover the period from the day of the committee registration up to and including the Monday before the statement is due. All receipts of $25 or under shall appear on the statements as unitemized receipts. Any listing which exceeds an individual’s aggregate total of $100 for each election shall be accompanied by the contributor’s occupation including official job title, the name of the contributor’s employer, and the city or town of the contributor’s principal place of business, if any. The statement shall also show each committee expenditure with the full name and city or town of persons, corporations, committees, or to whomever paid or to be paid, the date paid, and the election for which the expenditure was made, with the specific nature and amount of each expenditure since the date of the registration.
II. An itemized statement in the same form as in paragraph I shall be filed with the secretary of state not later than the first day of each month following the committee’s filing of a statement under paragraph I, before 4 o’clock in the afternoon. The statement shall summarize all previous statements filed and shall itemize all receipts and expenditures since the cutoff of the previous statement up until the Monday preceding the filing of the statement under this paragraph. In addition to the reporting requirements contained in this section, the secretary of state shall be notified by the fiscal agent within 24 hours of any contribution exceeding $500 which is received within the 14 days prior to the day of election.
III. Any political committee which has any outstanding debt, obligation, or surplus following the election shall file reports at least once every month thereafter in the same form as in paragraph I until the obligation or indebtedness is entirely satisfied or surplus deleted, at which time a final report shall be filed.
IV. Copies of the statements required by paragraphs I through III of the state committee of a political party shall be filed with the secretary of state in sufficient numbers so as to provide a copy for the state committee of each party on the ballot, which they may obtain by application to the secretary of state.
V. Any national political party committee of a party as defined in RSA 652:11 may make contributions or expenditures on behalf of state candidates without complying with the requirements of paragraphs I through III, provided that the total contribution or expenditure made in behalf of a candidate or political committee in this state whether directly or indirectly does not exceed the limit for personal contributions in RSA 664:4.
VI. The provisions of this paragraph shall apply only to a political committee for an individual candidate who is seeking a federal office whose holder is chosen by the voters of this state only. Such a committee which is required by federal law to file with the federal government reports relative to receipts and expenditures in support of such one candidate may choose, at the time of registering under RSA 664:3, I, to file with the secretary of state copies of reports made to the federal government in accordance with the timetable established by federal laws for such reports in lieu of complying with the other reporting requirements of this section.
3 Reporting by Candidates. Amend RSA 664:7 to read as follows:
664:7 Reporting by Candidates. Each candidate at the primary or general election for governor, councilor, state senator, representative to general court, or county officer, who has expenditures exceeding $500, shall file statements before and after an election in like manner and detail as prescribed in RSA 664:6, II[, II-a,] and III, [IV, and V,] excepting, however, the expenditures of political committees of the party to which the candidate belongs in elections other than primaries.
4 Effective Date. This act shall take effect 30 days after its passage.
2002-2838s
AMENDED ANALYSIS
This bill changes the reporting dates for political committees and candidates. This bill also amends the definition of "contribution" to include coordinated expenditures and all contributions to a political party or a political committee of a political party.
Question is on the adoption of the floor amendment.
A roll call was requested by Senator Barnes.
Seconded by Senator Francoeur.
The following Senators voted Yes: Below, McCarley, Disnard, Fernald, 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: 10 - Nays: 13
Floor amendment failed.
Ordered to third reading.
Senator Below moved to have SB 87, relative to permissible campaign contributions by business organizations and labor unions, taken off the table.
A roll call was requested by Senator Below.
Seconded by Senator McCarley.
The following Senators voted Yes: Gordon, Below, McCarley, Disnard, Fernald, Larsen, O’Neil, D’Allesandro, Wheeler, Hollingworth, Cohen.
The following Senators voted No: Burns, Johnson, Boyce, Flanders, Roberge, Eaton, O’Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.
Yeas: 11 - Nays: 12
Motion failed.
TAKEN OFF THE TABLE
Senator Gordon moved to have SB 187-FN, requiring the state to pay for an independent appraiser in eminent domain proceedings, taken off the table.
Adopted.
SB 187-FN, requiring the state to pay for an independent appraiser in eminent domain proceedings.
Question is on the adoption of the committee amendment (2288).
Amendment failed.
Senator Gordon offered a floor amendment.
2002-2807s
08/09
Floor Amendment to SB 187-FN
Amend the title of the bill by replacing it with the following:
AN ACT establishing a committee to study eminent domain proceedings.
1 Committee Established. There is established a committee to study eminent domain proceedings.
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:
I. Study whether the current system of eminent domain proceedings is fair to those whose property is being taken.
II. Study whether appraisals made by various departments are unbiased and represent true market values of property.
III. Study whether the eminent domain process can be improved to promote public confidence.
IV. Study recurring problems and concerns to objectively determine how the eminent domain process is perceived by members of the public who have been involved in the process.
V. Receive information from any state department that is involved in eminent domain proceedings, including but not limited to the commissioner of the department of transportation or designee.
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 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 upon its passage.
2002-2807s
AMENDED ANALYSIS
This bill establishes
a committee to study eminent domain proceedings.Floor amendment adopted.
Ordered to third reading.
Senator Gordon moved to have SB 112, relative to voter registration forms, taken off the table.
A division vote was requested.
Yeas: 11 - Nays: 12
Motion failed.
SB 416, relative to motor vehicles operated in parades. Transportation Committee. Vote 5-0. Inexpedient to Legislate, Senator Eaton for the committee.
Committee report of inexpedient to legislate is adopted.
SB 348, clarifying the duties of the liquor commission. Ways and Means Committee. Vote 4-1. Ought to Pass, Senator D'Allesandro for the committee.
Adopted.
Senator D'Allesandro offered a floor amendment.
2002-2788s
10/03
Floor Amendment to SB 348
Amend the title of the bill by replacing it with the following:
AN ACT relative to the retail pricing of beer.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Beer Price Restricted. Amend RSA 175 by inserting after section 7 the following new section:
175:8 Price Restricted. Retail prices of beer sold under the provisions of this chapter shall not be less than the selling price established by the commission.
2 Rulemaking. Amend RSA 176:14 to read as follows:
176:14 Rulemaking.
I. The commission shall adopt rules, under RSA 541-A, necessary to carry out its powers and duties under this title.
II. The commission shall adopt rules necessary to carry out the intent of RSA 175:8.
III. The commission shall not adopt any rule in conflict with any provision of RSA 541-A.
3 Effective Date. This act shall take effect 60 days after its passage.
2002-2788s
AMENDED ANALYSIS
This bill restricts the retail price of beer to a price not less than the selling price established by the liquor commission and requires the commission to adopt rules to carry out this intent.
Floor amendment adopted.
Ordered to third reading.
Senator Barnes is in opposition to the ought to pass motion on SB 348.
SB 388, relative to bingo game operation. Ways and Means Committee. Vote 4-1. Ought to Pass, Senator Eaton for the committee.
Adopted.
Ordered to third reading.
SB 417, establishing a commission to analyze the New Hampshire tax structure. Ways and Means Committee.
MAJORITY REPORT: Inexpedient to Legislate, Senator Barnes for the committee. Vote 3-2
MINORITY REPORT: Ought to Pass, Senator Hollingworth for the committee. Vote 2-3
Question is on the motion of ought to pass.
A roll call was requested by Senator Hollingworth.
Seconded by Senator Cohen.
The following Senators voted Yes: Below, McCarley, Disnard, Fernald, 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: 10 - Nays: 13
Motion failed.
Committee report of inexpedient to legislate is adopted.
SB 430, allowing towns or cities to increase the property tax credit for service-connected total disability. Ways and Means Committee. Vote 5-0. Ought to pass with amendment, Senator D'Allesandro for the committee.
2002-2772s
10/04
Amendment to SB 430
Amend the bill by replacing all after section 2 with the following:
3 Applicability. The provisions of this act shall not affect the tax credit for service connected total disability adopted prior to the effective date of this act by any municipality. A municipality electing to increase the tax credit amount provided by this act shall be required to comply with the procedure for adoption in RSA 72:35-a.
4 Effective Date. This act shall take effect July 1, 2002.
Amendment adopted.
Senator Gatsas offered a floor amendment.
2002-2835s
10/03
Floor Amendment to SB 430
Amend the title of the bill by replacing it with the following:
AN ACT allowing towns or cities to increase the property tax credit for service-connected total disability and to add income limits for age groups in the elderly exemption.
Amend the bill by replacing all after section 2 with the following:
3 Conditions for Elderly Exemption. Amend the introductory paragraph of RSA 72:39-a, I(b) to read as follows:
(b) Had in the calendar year preceding said April 1 a net income from all sources, or if married, a combined net income from all sources, of not more than the respective amount applicable to each age group as determined by the city or town for purposes of RSA 72:39-b. Under no circumstances shall the amount determined by the city or town be less than $13,400 for a single person or $20,400 for married persons. The net income shall be determined by deducting from all moneys received, from any source including social security or pension payments, the amount of any of the following or the sum thereof:
4 New Paragraph; Adoption or Modification of Elderly Exemption; Income Limits. Amend RSA 72:39-b by inserting after paragraph I the following new paragraph:
I-a. In addition to the provisions of paragraph I, a town or city may adopt or modify the elderly exemption by including different net income limits, or combined net income limits for married persons, applicable to each of the 3 age groupings listed in subparagraph I(c). Under no circumstances shall the amount determined by the city or town be less than $13,400 for a single person or $20,400 for married persons. Any town or city may adopt the provisions of this paragraph by including the provisions in the referendum under paragraph I, or by the following manner:
(a) In a town, the question shall be placed on the warrant of a special or annual town meeting, by the governing body or by petition pursuant to RSA 39:3, and shall be voted upon by official ballot if that town has adopted the official ballot for the election of officers. A public hearing shall be held at least 15 but not more than 60 days prior to the vote.
(b) In a city, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. In the alternative, the legislative body of such city may vote to place the question on the official ballot for any regular municipal election.
(c) The vote shall specify the provisions of the net income limits applicable to each age group listed in subparagraph I(c) as provided in this paragraph. The income limits for each age group shall take effect in the tax year beginning April 1 following its adoption.
(d) A municipality may rescind the net income limits applicable to each age group in the manner described in subparagraph (a) or (b).
5 Effective Date. This act shall take effect July 1, 2002.
2002-2835s
AMENDED ANALYSIS
This bill allows towns and cities to increase the property tax credit for service-connected total disability from $1400 to $2000.
This bill also allows towns or cities to adopt different net income limits for each age group in the elderly property tax exemption.
Floor amendment adopted.
Ordered to third reading.
SB 406, relative to animal control. Wildlife and Recreation Committee. Vote 3-0. Ought to pass with amendment, Senator Roberge for the committee.
2002-2742s
08/10
Amendment to SB 406
Amend the bill by replacing all after the enacting clause with the following:
1 Eligibility of Owner of Dog or Cat to Participate. Amend RSA 437-A:3 to read as follows:
437-A:3 Eligibility of Owner of Dog or Cat to Participate.
I. A resident of the state who has adopted a dog or cat from an animal shelter facility, as defined in RSA 437:2, I, shall be eligible to participate in the program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the operation, and such person pays a fee of $30. This fee may be adjusted periodically by the commissioner to reflect changes in the cost of living. The sterilization shall be performed by a participating veterinarian[, and the fee for the operation shall be $25].
II. A resident of the state who owns a dog or cat and who is eligible for one of the following programs shall also be eligible to participate in a reduced fee companion animal population control program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure and such person pays a fee of [$10] $15. This fee may be adjusted periodically by the commissioner to reflect changes in the cost of living:
(a) The Food Stamp Program authorized by Title XIII of the Food and Agriculture Act of 1977 (7 U.S.C. section 2011 et seq.) and RSA 161:2, XIII.
(b) The Supplemental Security Income Program established pursuant to Title XVI of the Social Security Act (42 U.S.C. section 1381 et seq.).
(c) The Aid to Families with Dependent Children Act established pursuant to 42 U.S.C. section 601 et seq. and RSA 161-B.
(d) The aid to the needy blind program established under RSA 161:2, V.
(e) The medicaid program established under RSA 167.
(f) The old age assistance program established under RSA 167.
(g) The aid to the permanently and totally disabled program established under RSA 167.
2 New Paragraph; Rulemaking. Amend RSA 437-A:5 by inserting after paragraph II the following new paragraph:
II-a. The adjustment of the fee under RSA 437-A:3, I or II.
3 Effective Date. This act shall take effect on July 1, 2002.
2002-2742s
AMENDED ANALYSIS
This bill raises the fee for animal sterilization for animals adopted from animal shelters.
Amendment adopted.
Senator Roberge offered a floor amendment.
2002-2810s
08/09
Floor Amendment to SB 406
Amend the title of the bill by replacing it with the following:
AN ACT relative to animal control and animal population control fees for cats.
Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 6:
3 Subdivision Heading. Amend the subdivision heading preceding RSA 466:13-a to read as follows:
Licensing of Cats; Companion Pet Overpopulation Fee for Cats
4 New Sections; Companion Pet Overpopulation Fee for Cats. Amend RSA 466 by inserting after section 13-a the following new sections:
466:13-b Fees. Every owner or keeper of a cat 4 months old or over shall pay a fee, every 36 months, to the office of the clerk of the city or town in which the cat is kept.
466:13-c Rabies Certificate. Upon receipt of a copy of a rabies certificate from a veterinarian pursuant to RSA 436:102, the clerk of the town or city shall send written notice to the owner or keeper of any cat for which a fee has not been received relative to the requirements provided for in RSA 466:13-b. If the owner or keeper of the cat fails to pay the fee in a timely manner, the town or city clerk shall notify the local law enforcement officer of a violation of RSA 466:13-b.
466:13-d Fees.
I. Every 36 months, the owner of each cat shall pay the clerk of the city or town where the cat is kept a fee of $10, of which $5 is designated for the companion animal population control program.
II. The clerk shall remit all companion animal population control fees collected in paragraph I to the state treasurer, provided that such companion animal population control fees shall be deposited into the companion animal neutering fund, established in RSA 437-A:4-a.
III. Fees for cats kept in a commercial kennel shall be based on the numbers of cats kept, as provided in RSA 466:13-e for group fees. For purposes of this paragraph, "commercial kennel' means the establishment or domicile of any person who sells cats at wholesale or retail; and, if retail, who sells or transfers 10 or more litters per year, or sells or transfers 50 or more kittens per year; or who derives 40 percent or more of gross annual income from the sale or transfer of cats.
466:13-e Group Fees.
I. The owner or keeper of 5 or more cats shall pay $40 as a group fee, $20 of which shall be remitted by the town clerk for deposit into the companion animal neutering fund, established in RSA 437-A:4-a, as the companion animal population control fee, and $20 shall be retained by the town or municipality.
II. No fee shall be required for cats which are under the age of 3 months.
466:13-f Records. Clerks of towns and cities shall keep a record of all fees received, with the names of the keepers or owners of cats, and the names, and descriptions of all such cats. Clerks of towns and cities shall furnish yearly to the local governing body a list of those owners who have failed to their fees for use in preparing the warrant of cats for which fees have not been paid.
466:13-g Forfeiture. Whoever is the owner or keeper of a cat and who fails to pay the fees pursuant to RSA 466:13-b shall forfeit $25 to the town or city clerk of the municipality in which the cat is kept. If the forfeiture is not made to the town or city clerk within 15 calendar days of the notice of forfeiture, the case may be disposed of in a district court as a violation with a fine not to exceed $50, notwithstanding the provisions of RSA 651:2, IV. A forfeiture shall not relieve the owner or keeper of the requirement of paying a fee for a cat as required by RSA 466:13-b. Any forfeitures collected under this section may be retained by the city or town for the administration and enforcement of this subdivision.
5 Disposal of Fees. Amend RSA 466:5 to read as follows:
466:5 Disposal of Fees. All moneys arising from the licensing of dogs and cats, if the municipality licenses cats, or fees collected under RSA 466:13-b, remaining in the treasury of any town or city at the end of the town or city fiscal year, which is not due to holders of orders given for loss of or damages to domestic animals by dogs, or which has not been paid to the department of agriculture, markets, and food under RSA 466:9 or the state treasurer under RSA 466:4, I(c) shall be for the use of the town or city.
2002-2810s
AMENDED ANALYSIS
This bill raises the fee for animal sterilization for animals adopted from animal shelters.
This bill also establishes a fee to be paid by cat owners to provide funds to the companion animal population control program.
Floor amendment adopted.
Ordered to third reading.
SB 434, establishing the duties of the fish and game commission. Wildlife and Recreation Committee. Vote 3-0. Ought to Pass, Senator Disnard for the committee.
Adopted.
Ordered to third reading.
Suspension of the rules
Senator Barnes moved that the rules of the Senate be so far suspended as to allow Finance Committee reports not advertised in the Senate Calendar.
Adopted by the necessary 2/3 vote.
SB 350-FN-A, creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the department of regional community-technical colleges or the university system of New Hampshire or any component institutions. Finance Committee. Vote 4 - 3, Ought to pass with amendment. Senator Larsen for the committee.
2002-2831s
04/09
Amendment to SB 350-FN-A
Amend the title of the bill by replacing it with the following:
AN ACT creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the department of regional community-technical colleges or the university system of New Hampshire or any component institutions, authorizing the Berlin campus of the New Hampshire regional community-technical college system to upgrade and modernize its equipment and programs, and authorizing manufacturing technology training in the town of Littleton.
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Business Profits Tax Credits. Amend RSA 77-A:5 by inserting after paragraph XI the following new paragraph:
XII. The postsecondary science and technology investment tax credits as computed in RSA 187-A:25-b and RSA 188-F:14-d.
2 New Subdivision; University System of New Hampshire; Postsecondary Science and Technology Investment Tax Credit. Amend RSA 187-A by inserting after section 25-a the following new subdivision:
Postsecondary Science and Technology Investment Tax Credit
187-A:25-b Postsecondary Science and Technology Investment Tax Credit.
I. In this section, "contribution" or "contributions" mean cash donations made to the university system of New Hampshire or any of its component institutions or foundations for the purpose of acquiring equipment or constructing, renovating, repairing, or maintaining any facility used for science and technology educational purposes.
II. An investment tax credit equal to 75 percent of the contribution made during the contributor’s tax year shall be allowed against taxes imposed by RSA 77-A or taxes imposed by RSA 77-E, individually or in combination, provided the total investment tax credit available under this section does not exceed $1,250,000 in any tax year. In any tax year where total investment tax credit available under this section exceeds $1,250,000, the credit shall be prorated among contributors.
III. Credits provided by this section applied against the liabilities imposed by RSA 77-E shall be deemed to be taxes paid for the purpose of RSA 77-A:5, X.
IV. The credit provided by this section shall be available to contributors on or after contributions for which credit is to be taken are actually received.
3 New Subdivision; Department of Regional Community-Technical Colleges; Postsecondary Science and Technology Investment Tax Credit. Amend RSA 188-F by inserting after section 14-c the following new subdivision:
Postsecondary Science and Technology Investment Tax Credit
188-F:14-d Postsecondary Science and Technology Investment Tax Credit.
I. In this section, "contribution" or "contributions" mean cash donations made to the department of regional community-technical colleges or any of its component institutions or foundations for the purpose of acquiring equipment or constructing, renovating, repairing, or maintaining any facility used for science and technology educational purposes.
II. An investment tax credit equal to 75 percent of the contribution made during the contributor’s tax year shall be allowed against taxes imposed by RSA 77-A or taxes imposed by RSA 77-E, individually or in combination, provided the total investment tax credit available under this section does not exceed $200,000 in any tax year. In any tax year where total investment tax credit available under this section exceeds $200,000, the credit shall be prorated among contributors.
III. Credits provided by this section applied against the liabilities imposed by RSA 77-E shall be deemed to be taxes paid for the purpose of RSA 77-A:5, X.
IV. The credit provided by this section shall be available to contributors on or after the date contributions for which credit is to be taken are actually received.
4 Department of Regional Community-Technical Colleges; Postsecondary Science and Technology Investment Tax Credit. RSA 188-F:14-d, II is repealed and reenacted to read as follows:
II. A investment tax credit equal to 75 percent of the contribution made during the contributor’s tax year shall be allowed against taxes imposed by RSA 77-A or taxes imposed by RSA 77-E, individually or in combination, provided the total investment tax credit available under this section does not exceed $1,250,000 in any tax year. In any tax year where total investment tax credit available under this section exceeds $1,250,000, the credit shall be prorated among contributors.
5 North Country Manufacturing Technology Center in Littleton. From contributions made under RSA 188-F:14-d, the sum of $200,000 for the fiscal year ending June 30, 2003, and the sum of $200,000 for the fiscal year ending June 30, 2004, shall be used for the purpose of upgrading and modernizing equipment and programs at the Berlin campus of the regional community-technical college system and to extend the delivery of manufacturing training to the Littleton area learning center.
6 Effective Date.
I. Sections 1, 2, and 4 of this act shall take effect July 1, 2003.
II. The remainder of this act shall take effect July 1, 2002.
2002-2831s
AMENDED ANALYSIS
This bill creates a business profits tax credit for certain donations made for science and technology equipment and facilities to the department of regional community-technical colleges, or any of its component institutions, and the university system of New Hampshire, or any of its component institutions. The bill provides that $200,000 in contributions received in each of the fiscal years ending June 30, 2003 and June 30, 2004 shall be used to provide manufacturing technology training in the town of Littleton, and to upgrade and modernize the equipment and programs at the Berlin campus of the New Hampshire regional community-technical college system.
Question is on the adoption of the amendment.
Senator Francoeur moved to divide the question.
The Chair ruled the question divisible.
Question one: Sections 1, 3, 5 & 6.
Amendment adopted.
Question two: Sections 2 & 4.
Amendment failed.
Ordered to third reading.
Senator Prescott is in opposition to dividing the question on SB 350.
Suspension of the rules
Senator Barnes moved that the rules of the Senate be so far suspended as to allow Finance Committee reports not advertised in the Senate Calendar.
Adopted by the necessary 2/3 vote.
SB 421, authorizing the Berlin campus of the New Hampshire regional community-technical college system to upgrade and modernize its equipment and programs and authorizing manufacturing technology training in the town of Littleton, and making an appropriation therefor. Finance vote 7-0, Ought to pass, Senator Boyce for the committee.
Senator Burns moved to have SB 421, authorizing the Berlin campus of the New Hampshire regional community-technical college system to upgrade and modernize its equipment and programs and authorizing manufacturing technology training in the town of Littleton, and making an appropriation therefor, laid on the table.
Adopted.
LAID ON THE TABLE
SB 421, authorizing the Berlin campus of the New Hampshire regional community-technical college system to upgrade and modernize its equipment and programs and authorizing manufacturing technology training in the town of Littleton, and making an appropriation therefor.
SUSPENSION OF THE RULES
Senator Francoeur moved that the Rules of the Senate be so far suspended as to allow for the introduction of bills, referring bills to committees, scheduling of hearings, and committee reports after the deadlines.
Adopted by the necessary 2/3 vote.
LSR: 3161, LSR: 3166, LSR: 3171, LSR: 3176, LSR: 3179, LSR: 3181, LSR: 3182, LSR: 3183, LSR: 3191, LSR: 3196
MOTION OF RECONSIDERATION
Senator Boyce, having voted on the prevailing side, moved reconsideration on SB 316, establishing a committee to study the fiscal relationship between the Pease development authority and the state and its political subdivisions, whereby we made the bill inexpedient to legislate.
Adopted.
SB 316, establishing a committee to study the fiscal relationship between the Pease development authority and the state and its political subdivisions.
Senator McCarley moved ought to pass.
Adopted.
Ordered to third reading.
TAKEN OFF THE TABLE
Senator Gatsas moved to have SB 112, relative to voter registration forms, taken off the table.
Adopted.
SUSPENSION OF THE RULES
Senator Below moved that the rules of the Senate be so far suspended as to allow SB 112, relative to voter registration forms, to be reported out after the Senate deadline.
Motion failed.
SB 112, relative to voter registration forms.
Question is on the motion of ought to pass.
A roll call was requested by Senator Barnes.
Seconded by Senator Gatsas.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Below, Flanders, Disnard, Roberge, Eaton, Fernald, O’Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.
The following Senators voted No: McCarley, Larsen, O’Neil, D’Allesandro, Wheeler, Hollingworth, Cohen.
Yeas: 16 - Nays: 7
Adopted.
Senator Gordon offered a floor amendment.
2002-2305s
03/01
Floor Amendment to SB 112
Amend the title of the bill by replacing it with the following:
AN ACT relative to election day registration.
Amend the bill by replacing all after the enacting clause with the following:
1 Voters and Checklists; Registering at Polling Place, Same Day Registration; Affidavit. RSA 654:7-a, II is repealed and reenacted to read as follows:
II. Any person whose name is not on the checklist but who is otherwise a qualified voter shall be entitled to vote by requesting to be registered to vote at the polling place on election day. The voter may then vote at that election. The applicant may be required to produce appropriate proof of qualifications as provided in RSA 654:12. The applicant shall complete an election day affidavit which shall be prescribed by the secretary of state, and which, at the discretion of the supervisors of the checklist, shall contain either of the following written oaths or affirmations:
(a) I do hereby certify under penalty of perjury that to the best of my knowledge, I am a qualified voter, and that I am not disqualified on any ground from voting, and I have not voted and will not vote at any other polling place this election.
_________________________________
(Signature of Applicant)
(b) My name is ____________. I am today registering to vote in the city (town) of __________, New Hampshire.
I understand that to vote in this city (town), I must be at least 18 years of age, I must be a United States citizen, and I must be a resident of this city (town). A resident is a person who is not just living in a city (town) temporarily, but one who intends to make the city (town) his or her permanent domicile.
I understand that a person can be a resident of only one state at a time. By voting today, I am acknowledging that I am not a resident of any other state. I understand that if I am a resident of another state, I may be entitled to vote in elections held within that state by absentee ballot.
In declaring myself a resident of New Hampshire, I am subject to the laws of the State of New Hampshire which apply to all residents, including laws requiring me to register my motor vehicles and apply for a New Hampshire driver’s license within 60 days of becoming a resident.
In declaring myself a New Hampshire resident, I realize that I may be forfeiting benefits or rights, including the right to vote, in another state.
If I have any questions as to whether I am entitled to vote in this city (town), I am aware that a supervisor of the checklist is available to address my questions or concerns.
I acknowledge that I have read and understand the qualifications for voting and do hereby swear, under penalty of perjury, that I am qualified to vote in the above-stated city (town) on this day.
_________________ _____________________________
Date Signature
2 Effective Date. This act shall take effect 60 days after its passage.
2002-2305s
AMENDED ANALYSIS
This bill revises the affidavit requirements for persons registering to vote on election day to permit the supervisors of the checklist to require the applicant to acknowledge the implications of declaring residency in New Hampshire.
Question is on the adoption of the floor amendment.
A roll call was requested by Senator Gordon.
Seconded by Senator Fernald.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Below, Flanders, Disnard, Roberge, Eaton, Fernald, O’Hearn, Francoeur, Gatsas, Barnes, Prescott, Klemm.
The following Senators voted No: McCarley, Larsen, O’Neil, D’Allesandro, Wheeler, Hollingworth, Cohen.
Yeas: 16 - Nays: 7
Floor 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 1411, making an appropriation to the judicial branch for district and probate court security.
Senator D’Allesandro 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 read a third time by this resolution, all titles be the same as adopted and that they be passed at the present time.
Adopted.
LATE SESSION
CACR 5, relating to the rulemaking authority of the supreme court. Providing that supreme court may adopt rules that have the force and effect of law, and that the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court, and that in the event of a conflict between a statute and a rule, the statute, if otherwise valid, shall supersede the rule.
Question is on final passage.
A roll call is required.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Below, McCarley, Flanders, Disnard, Roberge, Eaton, Fernald, O’Hearn, Francoeur, Gatsas, Barnes, O’Neil, Prescott, D’Allesandro, Klemm.
The following Senators voted No: Larsen, Wheeler, Hollingworth, Cohen.
Yeas: 19 - Nays: 4
Adopted by the necessary 3/5 vote.
CACR 33, Relating to: procedure for nomination of judges. Providing that: the governor shall nominate judges from persons selected by an independent commission whose composition shall be determined by the legislature.
Question is on final passage.
A roll call is required.
The following Senators voted Yes: Burns, Gordon, Johnson, Boyce, Below, McCarley, Flanders, Disnard, Roberge, Eaton, Fernald, O’Hearn, Francoeur, Larsen, Gatsas, Barnes, O’Neil, Prescott, D’Allesandro, Wheeler, Klemm, Hollingworth, Cohen.
The following Senators voted No:
Yeas: 23 - Nays: 0
Adopted by the necessary 3/5 vote.
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 Thursday, March 14, 2002 at 10:15 a.m.
Adopted.
Third Reading and Final Passage
SB 112, relative to election day registration.
SB 140-FN-L, relative to the formula for free and reduced-price lunches.
SB 187-FN, establishing a committee to study eminent domain proceedings.
HB 285-FN-L, relative to the adoption of a state building code.
SB 302, relative to privacy in the relationship between financial institutions and customers.
SB 309-FN, relative to payment of medical benefits costs for disabled group II permanent firemen members of the retirement system.
SB 314-FN, relative to Selective Service Act Compliance through driver's license applications.
SB 315-FN, relative to requiring payment of a club assistance program fee by persons registering snow traveling vehicles who are not members of an organized snowmobile club.
SB 316, establishing a committee to study the fiscal relationship between the Pease development authority and the state and its political subdivisions.
SB 321-L, clarifying the right to public education for children of homeless families.
SB 332-FN, relative to the payment of medical benefits costs for certain group II permanent firemen members injured in the performance of duty.
SB 334, relative to grounds for refusal or denial of hotel accommodations.
SB 336, relative to disclosure of political contributions and expenditures.
SB 337, relative to consent orders in abuse and neglect cases.
SB 338, relative to ex parte orders in domestic relations cases.
SB 339, relative to approval of contingent fee agreements by the courts.
SB 343-FN, relative to appeals in actions against tenants.
SB 345, making the misrepresentation of the geographic location of a business a violation of the consumer protection act.
SB 348, relative to the retail pricing of beer.
SB 350, creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the department of regional community-technical colleges or the university system of New Hampshire or any component institutions, authorizing the Berlin campus of the New Hampshire regional community-technical college system to upgrade and modernize its equipment and programs, and authorizing manufacturing technology training in the town of Littleton.
SB 354, authorizing foster parents to act as surrogate parents for educationally disabled children.
SB 358, relative to the authority to assess administrative fines to ophthalmic dispensers.
SB 360-FN, establishing criminal penalties for the introduction of computer contaminants.
SB 370, removing an exemption to a limitation on service by a trustee, director, or officer at more than one financial institution.
SB 371-FN, relative to the regulation of manufactured housing parks.
SB 372, prohibiting the sale of reformulated gasoline in certain counties of the state.
SB 381, relative to the employee benefits of employees of the Pease Development authority.
SB 388, relative to bingo game operation.
SB 391-FN, relative to appeals from the compensation appeals board.
SB 393, relative to expiration of contact lens and corrective lens prescriptions.
SB 396-FN, relative to group II retirement status for criminalists employed by the department of safety.
SB 402-FN-A, establishing a committee to study long-term care funding and making an appropriation therefor.
SB 403, relative to special motorcycle number plates for veterans who were awarded the purple heart medal, special motorcycle licenses, and motor vehicle inspectors.
SB 404, changing certain limitations on investment management fees and investments by banks acting as fiduciaries.
SB 406, relative to animal control and animal population control fees for cats.
SB 408, governing records management of abuse or neglect reports.
SB 409, relative to the length of time reports of child abuse and neglect are maintained in the state's central registry.
SB 412, relative to the licensure of dietitians.
SB 415, relative to the severing of joint tenancies in property by divorce.
SB 418-FN, relative to unemployment compensation.
SB 420-FN-A, making an appropriation for the purpose of hiring a recreational ride and lift investigator.
SB 422-FN, relative to the insurance laws.
SB 423-FN-A, relative to fees collected by the department of safety and certificates of title.
SB 426, relative to the use of force by persons entrusted with the care of minors in child care settings.
SB 429, relative to the community technical college system.
SB 430, allowing towns or cities to increase the property tax credit for service-connected total disability and to add income limits for age groups in the elderly exemption.
SB 434, establishing the duties of the fish and game commission.
HB 1110, relative to the sale of ferrets.
HB 1411-FN-A, making an appropriation to the judicial branch for district and probate court security.
In recess.