May 13, 1999

No. 31

HJR 1, requesting that the federal government prohibit the U.S. Fish and Wildlife Service or other federal agency from introducing wolf populations to the northeastern United States, especially New Hampshire.

CACR 20, relating to the election of governor and senators. Providing that beginning with the 2002 general election, and every 4 years thereafter, the governor and senators shall be elected.

HB 64, relative to changes of registration for undeclared voters.

HB 112, increasing the tobacco tax and imposing the tax on all types of tobacco products.

HB 272, relative to the use of laser pointing devices.

SB 20, limiting the price for resale of tickets to motor sports events at the New Hampshire International Speedway to the original purchase price.

SB 50-FN-A-L, relative to the state's responsibility to provide an adequate education.

SB 51-FN-A-L, establishing a referendum for a new taxation plan to fund public education.

SB 52, requiring insurance coverage for infertility treatments.

SB 72, exempting certain portions of Seabrook Beach Village District and certain portions of Hampton Beach from certain provisions of the excavating, filling, and construction permit laws.

SB 82, relative to the termination of employees.

SB 94, relative to absentee voter affidavits.

SB 147, relative to self-referrals for chiropractic care under managed care organizations.

SB 179-FN, allowing for motor vehicle license suspension or revocation for certain minors.

SB 194-FN-A, dedicating certain sums in the moose management fund for the payment for damage done by moose to certain trees.

Ought to Pass, Senator Wheeler for the committee.

HB 373, making technical corrections to the securities laws. Vote 4-0

Ought to Pass, Senator Fernald for the committee.

SB 79, requiring vendors who operate electronic customer service terminals to disclose to customers if they place floor holds on or charge other fees to the bank accounts of customers using ATM cards at such terminals. Vote 4-0

Rereferred to Committee, Senator Klemm for the committee.

HB 56, establishing a procedure for reinstating corporate charters that have been expired for more than 3 years. Vote 4-0

Ought to pass with amendment, Senator D'Allesandro for the committee.

HB 75, changing the number required for a quorum on the commission for human rights. Vote 6-0

Ought to pass with amendment, Senator Trombly for the committee.

SB 83, relative to the regulation of the practice of veterinary medicine. Vote 5-0

Ought to pass with amendment, Senator Roberge for the committee.

SB 174, relative to the regulation of telemarketers. Vote 3-0

Ought to pass with amendment, Senator Cohen for the committee.

HB 306, relative to discoverability of environmental audit reports. Vote 5-0

Ought to Pass, Senator Pignatelli for the committee.

HB 420, relative to orders for spousal support in domestic relations cases. Vote 4-1

Ought to Pass, Senator Gordon for the committee.

SB 57, permitting challenges to judges. Vote 5-2

Ought to Pass, Senator Trombly for the committee.

SB 209-FN-L, changing the jurisdiction over domestic relations matters from the superior courts to the district courts and establishing a study committee on certain matters concerning superior court justices. Vote 7-0

Ought to pass with amendment, Senator Gordon for the committee.

HB 736, ratifying the 1999 Allenstown annual town meeting. Vote 4-0

Ought to Pass, Senator Roberge for the committee.

HB 456, establishing a committee to study issues relating to the deaf community in New Hampshire. Vote 6-0

Ought to pass with amendment, Senator Squires for the committee.

Senate Executive Departments and Administration

May 12, 1999

1999-1215s

08/09

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

AN ACT establishing a procedure for reinstating corporations that have been administratively dissolved for more than 3 years.

Amend the bill by replacing section 5 with the following:

5 New Section; Late Reinstatement Hearing; Notice; Requirements. Amend RSA 293-A by inserting after section 14.22 the following new section:

293-A:14.22-a Late Reinstatement Hearing; Notice; Requirements.

(a) A corporation administratively dissolved under RSA 293-A:14.21 may apply to the secretary of state for late reinstatement if more than 3 years have expired since the effective date of dissolution. The application shall:

(1) Recite the name of the corporation and the effective date of its administrative dissolution;

(2) State that the ground or grounds for dissolution either did not exist or have been eliminated;

(3) State that the corporation's name or proposed name satisfies the requirements of RSA 293-A:4.01;

(4) Contain a certificate from the New Hampshire department of revenue administration in accordance with RSA 77-A:18, III, and RSA 77-E:12, III;

(5) Contain a statement asserting that no lawsuits are pending against the corporation;

(6) Contain a statement explaining the reason that reinstatement is being requested;

(7) Include all of the annual report fees and annual maintenance fees, if any, for each year since the date of dissolution; and

(8) Contain a statement from the commissioner of the department of employment security showing that to the best of the commissioner's knowledge, as of the date of the statement, such corporation has paid all of its contributions or that it was not liable for any contributions, or that it has made adequate provisions, with such surety as shall be satisfactory to the future payment of any contributions.

(b) If the secretary of state determines that the application contains the information required by subsection (a), and that the corporation name is available for registration, and that it is accompanied by the fee required in RSA 293-A:1.22(a)(13), the secretary of state shall schedule a public hearing on the late reinstatement. The public hearing shall be held before the secretary of state, or designee and the attorney general, or designee. Any interested party shall have the right to testify at a late reinstatement hearing. Late reinstatement hearings shall be conducted twice a year, on April 1 and September 1. If any such date falls upon a Saturday, Sunday or legal holiday, the hearing shall be held on the first business day after each date. An application for late reinstatement must be received at least one month prior to a hearing date in order to be scheduled for that date.

(c) Notice of the late reinstatement hearing shall be published one time in a newspaper of general circulation in the county where the dissolved corporation's principal office, or, if none in this state, its registered office, is or was last located. The notice shall:

(1) Clearly state the reason for the hearing.

(2) State the date, time, location of the hearing.

(3) Indicate that all interested parties are encouraged to attend or submit written comments within one week of the hearing.

(4) Include the mailing address of the secretary of state.

(d) If, after the public hearing, the secretary of state, in conjunction with the attorney general, determines that the information submitted in the application for late reinstatement is correct and that the corporation should be reinstated, the secretary of state shall cancel the notice of dissolution and prepare a notice of reinstatement that recites the determination and the effective date of reinstatement and mail said notice to the corporation.

(e) If the application for reinstatement included a change of name of the corporation, the notice shall set forth the change of name of the corporation and the fee required pursuant to RSA 293-A:1.22(a)(2), and the notice shall constitute an amendment to the articles of incorporation. If the application for reinstatement included a change of the registered agent, the notice shall set forth the name of the new registered agent and the fee required pursuant to RSA 293-A:1.22(b)(5).

(f) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred.

1999-1215s

AMENDED ANALYSIS

This bill establishes a procedure for reinstating corporations that have been administratively dissolved for more than 3 years.

Senate Executive Departments and Administration

May 12, 1999

1999-1216s

05/09

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

AN ACT relative to changes in procedures effecting the state commission for human rights.

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

1 State Commission for Human Rights. Amend RSA 354-A:3, II to read as follows:

II. Any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the unexpired term of the member who is to be succeeded. [Three] Four members of the commission shall constitute a quorum for the purpose of conducting the commission's business, with the exception of hearings conducted pursuant to RSA 354-A:21, II(b). A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission. Each member of the commission shall be entitled to [his] expenses actually and necessarily incurred by [him] such member in the performance of [his] such member's duties.

2 New Paragraph; Fees for Services and Programs. Amend RSA 354-A:5 by inserting after paragraph XIV the following new paragraph:

XV. To charge reasonable fees for educational services, programs, publications and other written materials.

3 Procedure on Complaints. Amend RSA 354-A:21, II(a) to read as follows:

(a) After the filing of any complaint, one of the commissioners designated by the chair shall make, with the assistance of the commission's staff, prompt investigation in connection therewith; during the course of the investigation, the commission shall encourage the parties to resolve their differences through settlement negotiations; and if such commissioner shall determine after such investigation that probable cause exists for crediting the allegations of the complaint, the commissioner shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion. The members of the commission and its staff shall not disclose what has occurred in the course of such endeavors, provided that the commission may publish the facts in the case of any complaint which has been dismissed, and the terms of conciliation when the complaint has been so disposed of. When the investigating commissioner finds no probable cause to credit the allegations in the complaint, the complaint shall be dismissed, subject to a right of appeal to superior court. To prevail on appeal, the moving party shall establish that the commission decision is unlawful or unreasonable by a clear preponderance of the evidence. The findings of the investigating commissioner upon questions of fact shall be upheld as long as the record contains creditable evidence to support them.

4 Procedure on Complaints. Amend RSA 354-A:21, II(c) to read as follows:

(c) The case in support of the complaint [shall] may be presented before the commission by [one of its attorneys or agents,] the complainant or complainant's representative and the commissioner who shall have previously made the investigation and caused the notice to be issued shall not participate in the hearing except as a witness, nor shall he participate in the subsequent deliberation of the commission in such case; and the aforesaid endeavors at conciliation shall not be received in evidence. The respondent shall file a written verified answer to the complaint and appear at such hearing in person or otherwise, with or without counsel, and submit testimony. [In the discretion of the commission, the complainant may be allowed to intervene and present testimony in person or by counsel.] The commission or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend his answer. The commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and transcribed at the request of any party. The cost of transcription shall be borne by the party requesting the transcript.

5 Procedure on Complaints. Amend RSA 354-A:21, IV to read as follows:

IV. In administering this section, the commission shall be exempt from the provisions of RSA 541-A:29, II, but shall close each case or commence adjudicative proceedings on such case under [RSA 354-A:22] RSA 354-A:21 within 24 months after the filing date of the complaint.

6 Judicial Review and Enforcement. Amend RSA 354-A:22, I and II to read as follows:

I. Any complainant, respondent or other person aggrieved by such order of the commission may obtain judicial review of the order, and the commission or any interested person may obtain an order of court for its enforcement, in a proceeding as provided in this section. Such proceeding shall be brought in the superior court of the state within any county in which the unlawful practice which is the subject of the commission's order occurs or in which any person required in the order to cease and desist from an unlawful practice or to take other affirmative action resides or transacts business.

II. Such proceeding shall be initiated by the filing of a petition in such court, together with a written transcript of the record upon the hearing before the commission in the case of a petition for judicial review, and issuance and service of an order of notice as in proceedings in equity. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony and proceedings set forth in such transcript an order or decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the commission, with full power to issue injunctions against any respondent and to punish for contempt of court. No objection that has not been urged before the commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.

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

1999-1216s

AMENDED ANALYSIS

This bill changes certain procedures involving complaints brought before the state commission of human rights, and requirements for a quorum vote by the commission.

Senate Executive Departments and Administration

May 12, 1999

1999-1240s

10/09

Amend the bill by replacing section 3 with the following:

3 Definition; Veterinarian. Amend RSA 332-B:1, IV to read as follows:

IV. "Veterinarian" means a person who has received a doctor's degree in veterinary medicine from an accredited school of veterinary [school] medicine or other veterinary school approved by the board, or a person from a foreign veterinary school holding an ECFVG certificate.

Amend RSA 332-B:2, V as inserted by section 8 of the bill by replacing it with the following:

V. The owner of an animal [and] or the owner's [full-time] regular employee caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter.

Amend RSA 332-B:3-a as inserted by section 9 of the bill by replacing it with the following:

332-B:3-a Temporary Member. The [chairman] president or acting [chairman] president of the board is authorized to appoint an additional person or persons to sit on a temporary or emergency basis at any hearing at which one or more board members is absent, so long as [the] each person so chosen has in the past served as a board member.

Amend the bill by replacing section 12 with the following:

12 Rulemaking; License Renewal. Amend RSA 332-B:7-a, V to read as follows:

V. [How a license shall be renewed] Dates and conditions for license renewal;

Amend RSA 332-B:9 as inserted by section 16 of the bill by replacing it with the following:

332-B:9 Application for License; Qualifications. Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall show that the applicant is 18 years of age or more, a graduate of an accredited school of veterinary [school] medicine or other veterinary school acceptable to the board, or the holder of an ECFVG certificate, a person of good professional character, and such other information and proof as the board may require by rule. The application shall be accompanied by a fee in the amount established and published by the board.

Amend RSA 332-B:11, I(a) as inserted by section 17 of the bill by replacing it with the following:

(a) Is a graduate of an accredited school of veterinary medicine and holds a current license in good standing in another state, U.S. territory, or province of Canada; or is a graduate of an unapproved veterinary school outside the United States and Canada and possesses a certificate of board certification in a clinical specialty from an organization approved by the American Board of Veterinary Specialists and holds a current license in good standing in another state, U.S. territory, or province of Canada;

Amend RSA 332-B:11, I(c) as inserted by section 17 of the bill by replacing it with the following:

(c) Has actively practiced clinical veterinary medicine for at least 1,000 hours during each of 3 of the previous 5 calendar years with a minimum of 3,000 practice hours; and

Amend the bill by replacing section 18 with the following:

18 Temporary Permit. Amend RSA 332-B:12 to read as follows:

332-B:12 Temporary Permit. The board may issue without examination a temporary permit to practice veterinary medicine in this state to any person who is a graduate of a veterinary college recognized as provided for in RSA 332-B:10[, may be granted a temporary license] for a period not to exceed [2 years] one year, providing that [he] the person write the next available set of examinations and also providing said person is employed by and practices [his] the profession under the supervision of a duly licensed veterinarian practicing in the state. A temporary permit may be summarily revoked by a majority vote of the board.

Amend RSA 332-B:16, IV as inserted by section 27 of the bill by replacing it with the following:

IV. In adjudicatory proceedings, the board may hold prehearing conferences which are closed to the public and exempt from the provisions of RSA 91-A until such time as a public evidentiary hearing is convened in the proceeding. In any event, settlement discussions engaged in by the parties at prehearing conferences may be conducted off the record.

Amend the bill by replacing section 28 with the following:

28 New Section; Immunity From Civil Action. Amend RSA 332-B by inserting after section 16 the following new section:

332-B:16-a Immunity From Civil Action. No civil action shall be maintained against the board or any member thereof, or any agent or employee of the board, with regard to any action or activity in the performance of any duty or authority established by this chapter. Nor shall any civil action be maintained against any other organization or individual for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter.

Senate Executive Departments and Administration

May 12, 1999

1999-1254s

03/09

Amend the bill by replacing section 1 with the following:

1 New Chapter; Telemarketing Fraud and Abuse Prevention Act. Amend RSA by inserting after chapter 358-Q the following new chapter:

CHAPTER 358-R

Telemarketing Fraud and Abuse Prevention Act

358-R:1 Definitions. In this chapter:

I. "Catalogue" means a brochure or other publication which is distributed or made available to consumers by mail or otherwise in the ordinary course of the seller's business, and which includes a written description or illustration and the sales price of each item of merchandise offered for sale, includes at least 24 full pages of written material or illustrations, is distributed in more than one state, and has an annual circulation of not less than 250,000 copies.

II. "Catalogue sale" means a sale of goods consummated during or after a telephone contact by a consumer to a seller in response to a solicitation contained in a catalogue.

III. "Consumer" means a person who is, or may be, required to pay for goods or services offered by a telemarketer through telemarketing.

IV. "Goods or services" means any real property or any tangible or intangible personal property or services of any kind. The term "services" shall include, without limitation, offers of employment or other income-earning opportunities.

V. "Investment opportunity" means anything tangible or intangible that is offered for sale, sold, or traded based wholly or in part on representations, either express or implied, about past, present, or future income, profit, or appreciation.

VI. "Material aspect" means any information which is reasonably likely to affect a consumer's decision to engage in any aspect of a telemarketing transaction.

VII. "Seller" means any person, who, in connection with a telemarketing transaction, provides, offers to provide, or arranges for others to provide goods or services to a consumer in exchange for consideration.

VIII. "Solicitation" means a written or oral communication or advertisement that is transmitted by or on behalf of a seller or telemarketer by any printed, audio, video, cinematic, telephonic, or electronic means, including facsimile transmission and electronic mail. A communication or advertisement other than by telephone, shall be solicitation if the communication or advertisement is followed by a telephone contact from a telemarketer or seller; or the communication or advertisement invites a response by telephone, and through that response, a telemarketer or seller attempts to make a sale of goods or services.

IX. "Telemarketer" means any person who, in connection with telemarketing, initiates telephone contact with, or receives telephone contact from, a consumer in this state, or who initiates or receives telephone contacts within the state in connection with a telemarketing plan, program, or campaign. A telemarketer may include, but is not limited to, any employee, owner, operator, officer, director, or partner of a business which conducts telemarketing activities.

X. "Telemarketing " means the use of telephone contacts to induce the purchase of goods or services from, or the payment or contribution of money or any thing of value to, any person as a result of or in connection with the telephone contacts.

XI. "Telemarketing transaction" shall include any and all aspects of any telemarketing plan, program, or campaign, including solicitations.

XII. "Telephone contact" mean any communication by telephone, whether initiated by a telemarketer, seller, or consumer, and shall include, but not be limited to, facsimile transmission and electronic mail.

358-R:2 Acts and Practices Not Covered Under This Chapter. The following shall be exempt from the provisions of this chapter:

I. Any sale by telephone where the telephone contact is initiated by a consumer and is not in response to any solicitation by a seller or telemarketer.

II. Any sale by telephone where the telephone contact is initiated by a consumer in response to a solicitation, but where the sale is incidental to a non-telemarketing sales campaign, program, or promotion conducted by a seller which maintains one or more places of business which are reasonably accessible to consumers in New Hampshire, and at which sales to consumers are regularly made. For purposes of this section, "reasonably accessible" shall mean a store or other location at which sales are regularly made to consumers, which is located within 200 miles of the consumer's residence or place of business.

III. Any catalogue sale or solicitation for a catalogue sale.

IV. A person or affiliate of a person whose business is regulated by the public utilities commission or the Federal Communications Commission.

V. Any solicitation which is in compliance with RSA 7:28-c.

358-R:3 Prohibited Acts and Practices. It shall be unlawful for any person to engage in any fraudulent or abusive act or practice in the course of, or in connection with, telemarketing. Such fraudulent or abusive acts or practices shall include, but shall not be limited to, the following:

I. Requesting or receiving payment in advance from a consumer to remove derogatory information from or to improve the consumer's credit history or credit record.

II. Requesting or receiving payment in advance from a consumer to recover, or otherwise aid in the return of, money or any other thing of value lost by the consumer in a prior telemarketing transaction.

III. Requesting or receiving payment in advance from a consumer for investment or employment opportunity offers.

IV. Obtaining or submitting for payment a check, draft, or other form of negotiable instrument drawn on a consumer's checking, savings, bond, or other account without the consumer's verifiable authorization. Authorization shall be deemed verifiable if any one of the following means is employed:

(a) Express written authorization by the consumer, which may include the customer's signature on the negotiable instrument.

(b) Express oral authorization which is tape recorded and made available, upon request, to the consumer's bank and which evidences clearly both the consumer's authorization of payment for the goods or services that are the subject of the sales offer and the customer's receipt of all of the following information:

(1) The date of the draft.

(2) The amount of the draft.

(3) The consumer's name.

(4) The number of draft payments, if more than one.

(5) A telephone number for consumer inquiry that is answered during normal business hours.

(6) The date of the customer's oral authorization.

(c) Written confirmation of the transaction, sent to the consumer at least 7 days prior to submission for payment of the consumer's check, draft, or other form of negotiable paper. The written confirmation shall include all of the information required in subparagraphs (b)(1)-(b)(6) and the procedures by which the consumer can obtain a refund from the seller or telemarketer if the confirmation is inaccurate.

V. Using any professional delivery, courier, or other pick-up service, including the United States Postal Service, to obtain immediate receipt or possession of a consumer's payment unless any goods sold are delivered to the consumer in a manner which provides a reasonable opportunity to inspect them before any payment is collected.

VI. Repeatedly initiating telemarketing calls to a consumer who has informed the telemarketer or seller that he or she does not wish to receive solicitation calls from that telemarketer or seller in violation of 16 C.F.R. section 310.4(b).

VII. Engaging in telemarketing to a consumer's residence or business at any time other than between 8:00 a.m. and 9:00 p.m. local time, at the consumer's location.

VIII. Inducing consumers to respond to a solicitation by an 800 or other toll-free number, and then imposing a charge on consumers for information or other services unless the charge is clearly disclosed to the consumer and the consumer is given a reasonable opportunity to terminate the telephone contact prior to incurring any charge.

IX. Threatening, intimidating, or using profane or obscene language to any person in the course of a telephone contact.

X. Making any false or misleading statement to any person regarding any material aspect of a telemarketing transaction.

XI. Engaging in a telemarketing transaction which violates any provision of RSA 358-R:4 or RSA 358-R:5.

358-R:4 Required Disclosures.

I. A telemarketer shall disclose promptly to the consumer the following information:

(a) The identity of the telemarketer or seller, or the company on whose behalf the solicitation is requested;

(b) That the purpose of the call is to sell goods or services or to solicit a contribution or other payment; and

(c) The nature of the goods or services.

II. A telemarketer shall disclose the following facts and information when engaging in a telephone contact with a consumer and in any written material or information furnished to a consumer after or as a result of a telephone contact and before the consumer pays or authorizes payment:

(a) The total cost of any goods or services that are the subject of the telemarketing transaction;

(b) Any restrictions, limitations, or conditions on the purchase of the goods or services that are the subject of the telemarketing transaction;

(c) The terms of any refund, cancellation, exchange, or repurchase policies, including whether the goods or services that are the subject of a telemarketing transaction are not eligible for any refund, cancellation, exchange, or repurchase;

(d) Any material aspect of an investment opportunity being offered, including benefits, the price of the land or other investment, the location of the investment, and the reasonable likelihood of success of the investment opportunity; and

(e) Any material aspect of any employment opportunity, including all methods of compensation, a reasonable estimate of earnings potential, and any costs associated with the employment opportunity, such as required purchase of material, equipment, supplies, educational materials, licensing fees, transportation costs, and insurance.

358-R:5 Requirements for Telemarketing Sales Contracts.

I. Prior to accepting payment from a consumer in connection with a telemarketing transaction, a telemarketer or seller shall furnish the consumer with a written contract or bill of sale, which shall identify the goods or services for which payment is sought and shall specify the total cost of such goods and services, including any finance charge.

II. The contract or bill of sale shall conspicuously state the date of the telephone contact with respect to which payment is sought.

III. The contract or bill of sale shall contain, clearly printed in not less than 12 point boldface type, the following statement:

"You may cancel this transaction without any penalty or obligation at any time prior to midnight of the third business day after receipt of this notice. If you cancel, any payments made by you under the sale will be returned within 10 business days following receipt by the seller of your written notice of cancellation, and any security interest arising out of the transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract of sale; or you may, if you wish, comply with the instruction of the seller regarding the return shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, or does not agree to pay for their return, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, you may remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a written notice of cancellation or send a telegram to (name of seller) at the following address (address of seller)."

IV. In connection with any telemarketing contract or bill of sale, the telemarketer or seller, as applicable, shall provide the consumer, in writing, with the name, street address, and telephone number of the seller, and the name, street address, and telephone number of the person to whom any notice of cancellation is to be given if different from the seller.

V. A telemarketing sales transaction shall only be considered final after the consumer has received a contract or bill of sale as required by this section.

VI. No telemarketer or seller shall be deemed in violation of this section if, in connection with a telemarketing transaction, the telemarketer fully complies with an established policy of accepting return of undamaged and unused goods or cancellation of services by notice from the consumer within no less than 7 days after the receipt of goods or services by the consumer and provides a full refund to the consumer within no more than 30 days after receipt of returned merchandise or cancellation of services.

358-R:6 Record Keeping Requirements.

I. Any seller or telemarketer shall keep, for a period of 24 months from the date the record is produced, the following records relating to its telemarketing activities:

(a) All substantially different advertising, brochures, telemarketing scripts, and promotional materials;

(b) The name and last known address of each prize recipient and the prize awarded for prizes that are represented, directly or by implication, to have a value of $25.00 or more;

(c) The name and last known address of each customer, the goods or services purchased, the date such goods or services were shipped or provided, and the amount paid by the customer for the goods or services;

(d) The name, any fictitious name used, the last known home address and telephone number, and the job title or titles for all current and former employees directly involved in telemarketing; provided, however, that if the seller or telemarketer permits fictitious names to be used by employees, each fictitious name must be traceable to only one specific employee; and

(e) All verifiable authorization required to be provided or received under this chapter.

II. In the event of any dissolution or termination of the telemarketer's business, the principal of that telemarketer shall maintain all records as required under this section. In the event of any sale, assignment, or other change in ownership of the seller's business, the successor shall maintain all records required under this section.

358-R:7 Remedies.

I. Any telemarketing transaction entered into in violation of RSA 358-R:4 or RSA 358-R:5 shall be voidable by the consumer.

II. Any violation of the provisions of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy, or power set forth in RSA 358-A may be used to enforce the provisions of this chapter.

III. The rights, obligations, and remedies provided in this chapter shall be in addition to any other rights, obligations, or remedies provided for by law or in equity.

Senate Judiciary

May 13, 1999

1999-1249s

09/01

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

AN ACT establishing a study committee on certain matters concerning superior court justices.

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

1 Committee Established. There is established a committee to study the need for the number of justices required to serve in the superior court and whether it is possible to assign superior court justices to hear supreme court appeals.

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 examine the need for the number of justices required to serve in the superior court. The committee shall also study whether it is possible to assign superior court justices to hear supreme court appeals..

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, 1999.

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

1999-1249s

AMENDED ANALYSIS

This bill establishes a committee to examine the need for the number of justices required to serve in the superior court and whether it is possible to assign superior court justices to hear supreme court appeals.

Public Institutions, Health and Human Services

May 12, 1999

1999-1212s

04/09

Amend section 3 of the bill by replacing all after paragraph VII with the following:

VIII. Issues relating to closed captioning.

IX. Any other issues deemed relevant by the committee.

THE JOINT COMMITTEE ON ADDRESS (HA 1) Room 206-208, LOB

9:00 a.m. All Day Public Hearing HA 1, For The Removal OF David A. Brock, Chief Justice Of The New Hampshire Supreme Court From His Said Office.

FINANCE, Room 103, SH

AGENCY BUDGET PRESENTATIONS ON GOVERNOR'S PROPOSED BUDGET:

HEALTH AND SOCIAL SERVICES

9:00 a.m. HEALTH AND HUMAN SERVICES

OFFICE OF THE COMMISSIONER PG 629

OFFICE OF ADMINISTRATION PG 791

OFFICE OF PROGRAM SUPPORT PG 796

OFFICE OF INFORMATION SYSTEMS PG 794

OFFICE OF COMMUNITY AND PUBLIC HEALTH PG 637

OFFICE OF FAMILY SERVICES

DIVISION OF CHILDREN, YOUTH AND FAMILIES PG 671

DIVISION OF FAMILY ASSISTANCE PG 697

DIVISION OF BEHAVIORAL HEALTH PG 707

DIVISION OF DEVELOPMENTAL SERVICES PG 748

DIVISION OF ELDERLY AND ADULT SERVICES PG 755

NOON BREAK

1:30 p.m. VETERANS COUNCIL PG 812

2:00 p.m. VETERANS HOME PG 807

2:30 p.m. ADMINISTRATIVELY ATTACHED BOARDS AND COMMISSIONS: PG 770

ACUPUNCTURE BOARD

CHIROPRACTIC BOARD

COSMETOLOGY AND BARBERS BOARD

DENTAL BOARD

ELECTROLYSIS BOARD

FUNERAL DIRECTORS AND EMBALMERS BOARD

MEDICINE

TRANSPORTATION

3:30 p.m. DEPARTMENT OF TRANSPORTATION PG 561

ENERGY & ECONOMIC DEVELOPMENT, Room 105A, SH

2:45 p.m. HB 535, establishing a committee to study the department of resources and economic development.

3:05 p.m. HJR 3, urging ISO-New England to adopt policies furthering the state's interest in electric utility restructuring.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. HB 313-FN, relative to the regulation of the practice of optometry.

2:00 p.m. HB 448, relative to the board of dental examiners and the regulation of dentists and dental hygienists.

INSURANCE, Room 103, SH

3:00 p.m. EXECUTIVE SESSION ON PENDING LEGISLATION

PUBLIC INSTITUTIONS, HEALTH AND HUMAN SERVICES, Room 102, LOB

1:00 p.m. HB 441, relative to a mother's right to breast-feed.

1:15 p.m. HB 624-FN, establishing a committee relative to health care quality.

1:30 p.m. HB 619-FN, requiring the commissioner of health and human services to produce certain annual reports.

TRANSPORTATION, Room 104, LOB

2:30 p.m. EXECUTIVE SESSION ON PENDING LEGISLATION

3:00 p.m. HB 573, clarifying the status of class VI highways.

3:15 p.m. HB 593-FN-L, relative to the classification of class VI roads which have been maintained by a town.

3:30 p.m. HB 541, establishing a committee to study the upgrade of Routes 11 and 140.

3:45 p.m. HB 463-L, relative to local regulation of junk yards and altering the definition of federal aid primary system for purposes of the laws regarding highway regulations, protection and control regulations.

EDUCATION, Room 105-A, SH

8:30 a.m. HB 488, relative to the definition of a developmentally delayed child in the provision of special education services.

9:00 a.m. HB 532, establishing a commission to study early childhood education.

9:30 a.m. HB 265, relative to the student trustees on the university system of New Hampshire board of trustees.

JUDICIARY, Room 102, LOB

10:15 a.m. HB 205, relative to the requirement for posting of bond by an applicant for a writ of replevin.

10:30 a.m. HB 278, relative to scheduling of district court sessions.

10:50 a.m. HB 345-FN, relative to harassment via the computer.

11:10 a.m. HB 714-FN, changing the potential penalties for certain acts of solicitation and conspiracy to commit murder and attempted murder to life in prison.

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. HB 422, relative to advertising by rent-to-own businesses.

ENVIRONMENT, Room 104, LOB

1:00 p.m. HJR 9, urging the United States Congress and federal Environmental Protection Agency to eliminate federal requirements for oxygenate additives for gasoline.

1:20 p.m. HJR 2, urging that federal air pollution programs not punish early adopters of air pollution control technology.

1:40 p.m. HB 727-FN, establishing a committee to study the problems and possible regulation of outdoor lighting.

2:00 p.m. HB 561-FN, reducing lab analysis fees of chemical analyses of water.

FINANCE, Room 103, SH

10:30 a.m. SB 223-FN, establishing a wellness and primary prevention council and making an appropriation therefor.

11:00 a.m. HB 492-FN-A-L, reducing the state bond guarantee limit for wastewater projects.

11:30a.m. HB 494-FN-A, making an appropriation to the department of cultural resources for the purpose of funding participation of the state in the Smithsonian Festival of American Folklife.

11:45 a.m. HB 55-FN-A, an act setting the rate for the medicaid enhancement tax for the biennium ending June 30, 2001.

WAYS AND MEANS, Room 103, SH

9:00 a.m. HB 572-FN-A, relative to the apportionment provisions of the business profits tax.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. HB 527, relative to the duties of the public utilities commission.

1:45 p.m. HB 318, relative to recovery of costs in utility proceedings and relative to the appointment of public utilities commissioners.

2:30 p.m. HB 397, establishing a 4-year term for the commissioner of the department of corrections, and clarifying the process of appointing personnel under the commissioner.

PUBLIC INSTITUTIONS, HEALTH AND HUMAN SERVICES, Room 102, LOB

1:00 p.m. HB 438, relative to certain changes to the membership of the advisory committee on childcare.

1:20 p.m. HB 650-FN-A, establishing a committee to study the structure of alcohol and drug abuse prevention services.

1:40 p.m. HB 369, establishing a committee on educational programs on tobacco use for minors.

2:00 p.m. HB 408, relative to drug formularies under managed care entities.

TRANSPORTATION, Room 104, LOB

3:00 p.m. HB 639-FN, relative to motor vehicle registration fees for antique motor vehicles and motorcycles.

3:15 p.m. HB 559-FN-A, authorizing vanity plates or decals for OHRV registrations.

EDUCATION, Room 105-A, SH

8:30 a.m. HB 341, relative to the process for nonrenewal of teacher contracts.

PUBLIC HIGHER EDUCATION STUDY COMMITTEE (RSA 187-A:28) Room 207, LOB

12:00-2:00 Regular Meeting

THE DEPARTMENT OF TRANSPORTATION Ossipee Town Hall

6:30 p.m. Land Use Regulation Workshop (Ossipee Pilot Study)

THE DEPARTMENT OF TRANSPORTATION Gorham Middle/High School, 120 Main Street, Gorham

7:00 p.m. Public Informational Meeting (NH Route 16 Rock Removal)

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

BOARD OF MANUFACTURED HOUSING (RSA 205-A:25,I) Room 201, LOB

1:00 p.m. Complaint Hearing

OIL FUND DISBURSEMENT BOARD (RSA 146-D:4) Room 305, LOB

9:30 a.m. Regular Meeting

NATURAL, CULTURAL & HISTORICAL RESOURCE CONSERVATION COMMISSION (SB 493, Chapter 161:2, 1998) Room 308, LOB

1:00-4:00 p.m. Meeting

THE DEPARTMENT OF TRANSPORTATION Rye Town Hall, 10 Central Road, Rye

6:30 p.m. Public Informational Meeting (Foyes Corner Intersection)

THE DEPARTMENT OF TRANSPORTATION Ossipee Town Hall

6:30 p.m. Land Use Regulation Workshop (Visitor Center Workshop)

THE DEPARTMENT OF TRANSPORTATION Vic Geary Center, 18 Greenough Road, Plaistow

7:00 p.m. Public Informational Meeting (Replacement of the NH 121 Bridge Over B&M Railroad)

THE DEPARTMENT OF TRANSPORTATION Northwood Town Hall

6:00 p.m. Combined Selectman's Meeting Northwood & Nottingham (Intersection US 4/NH 152)

THE DEPARTMENT OF TRANSPORTATION Sheraton Wafayer Inn, Bedford

8:00 a.m. Statewide Bike/Ped Meeting

THE DEPARTMENT OF TRANSPORTATION Auburn Town Hall, 47 Chester Road, Auburn

7:00 p.m. Public Informational Meeting (Auburn, Replacement Of NH Bypass Bridge Over Lake Massabesic)

FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a,I) Room 210-211, LOB

9:00 a.m. Regular Business

9:30 a.m. Audit: State Of New Hampshire, Liquor Commission, Audit Report For The Year Ended June 30, 1998

THE DEPARTMENT OF TRANSPORTATION Vic Geary Center, 18 Greenough Road, Plaistow

7:00 p.m. Public Informational Meeting (Replacement of the Kingston Bridge Over B&M Railroad)

THE DEPARTMENT OF TRANSPORTATION Green Acres School, Gymnasium, 10 Aurora Avenue, Off Mammoth Road, Manchester

7:00 p.m. Combined Public Officials Meeting/Public Informational Meeting (Rehabilitation of I-293 Including New Bridges Over Brown Avenue)

WORKER'S COMPENSATION ADVISORY COUNCIL (RSA 281-A:62) Room 306, LOB

9:00 a.m. Regular Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

NEW Hampshire COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2) Room 103, SH

9:30-12:00 Regular Meeting

NUCLEAR DECOMMISSIONING FINANCE COMMITTEE (RSA 162-F:15) Selectman's Meeting Room ,Town Office Building, Route 1, Seabrook

7:00-9:00 Hearing

THE DEPARTMENT OF TRANSPORTATION James R. Morrill Municipal Building (Gym), NH Route 10, Haverhill

7:30 p.m. Combined Public Officials Meeting (Haverhill, Improvements To NH Route 16)

THE DEPARTMENT OF TRANSPORTATION Exeter Town Hall, Nowak Room, Exeter

7:00 p.m. Combined Public Officials Meeting (Exeter, Rail Platform/Parking)

THE DEPARTMENT OF TRANSPORTATION Nottingham West Elementary School Cafeteria, Hudson

7:30 p.m. Public Hearing (Hudson, NH Route 3A)

BOARD OF CLAIMS (RSA 541-B:3) Room 202, LOB

8:30-5:00 Regular Meeting

THE DEPARTMENT OF TRANSPORTATION Tamworth Elementary School, Tamworth

9:00 a.m. Tamworth Pilot Study

NATURAL, CULTURAL & HISTORICAL RESOURCE CONSERVATION COMMISSION (SB 493, Chapter 161:2, 1998) Room 308, LOB

1:00-4:00 p.m. Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

BOARD OF CLAIMS (RSA 541-B:3) Room 202, LOB

8:30-5:00 Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

The Office Of Legislative Services Has A Number Of Extra Copies Of Softbound Volumes Of 1997 Session Laws. They Will Be Available To House And Senate Members On A First Come, First Serve Basis, In Room 109 Of The State House.

Senator Clesson Blaisdell

All Legislators, Staff And Friends Are Invited To The NH Women's Lobby's "Spring Celebs '99 Awards Celebration" On Wednesday, May 19^th From 4:30 To 6:30 p.m. At The Holiday Inn, Concord. The NH Women's Lobby Will Be Honoring Representative Sandra Balomenos Keans, Recipient Of The Meritorious Service Award; Mary Ann Manoogin, Recipient Of The Volunteer Award; New Hampshire Public Radio, Recipient Of The Media Award For Its Work On The "NH Tax Challenge", And Kathy Bogle Shields For Her Work On The Providian Child Care Initiative And The Governor's Commission On Child Care And Early Education. Tickets Are Available From Representative Marjorie Smith, Senator Katie Wheeler, Or Other Lobby Members. Also For Additional Information Call The Lobby Office At 224-9105.

Senator Katie Wheeler

The Arthritis Foundation, Northern New England Chapter, In Conjunction With National Arthritis Awareness Week, Will Hold An Arthritis Information Day For Legislators On Thursday, May 20^th From 8:30 a.m.-1:30 p.m. In The Basement Of The Legislative Office Building. Become Aware Of The Resources And Programs Available For People With Arthritis. Light Refreshments. Please Stop By.

Senator Lou D'Allesandro

All Legislators And Legislative Staff Are Invited To Attend Governor Shaheen's Annual Legislative Barbecue On Wednesday, June 2, 1999, At 4:00 p.m. At The Bridge House. Please RSVP By May 28^th To Jen Kuzma At 271-2121.

Senator Clesson Blaisdell

Perinatal Alcohol, Tobacco And Other Drug Use Task Force Invites All Legislators To Attend A Special Informational Forum And Treatment Of Substance Use During Pregnancy. Presentations Will Include An Overview Of The Scope And Effects OF Alcohol, Tobacco And Other Drug (ATOD) Problems During Pregnancy And Approaches Necessary TO Assist Women Avoid, Reduce And Recover From Substance Dependence. Members Of The Task Force Will Lead A Discussion With Policy Makers Around New Hampshire's Current Perinatal Substance Use Problem. The Forum Will Take Place On Monday, June 21 At The Odyssey Family Center In Canterbury (a residential substance abuse treatment program for pregnant and parenting women and their children) From 10:00 a.m. To Noon. Refreshments Will Be Served, Followed By Tours Of The Odyssey Family Center. Come Learn About This Important Issue. For Further Information, Reservations And Directions, Please Call 1-800-852-3345, Extension 6108 Or 783-9104. Reservations Requested By Wednesday, June 16^th.

Senator Mary Brown

The Bill White Memorial 26^th Annual Legislative Golf Tournament Is Scheduled For Monday, June 21, 1999, At The White Mountain Country Club In Ashland, NH. The Entry Fee For This Annual Tourney Is $60.00 Per Person And Includes Greens Fee, Cart, Dinner And Prizes. A Shotgun Start Is Scheduled For 9:00 a.m. The Format Is "Captain And Crew." Sign-ups As A Foursome Or Sign-up By Yourself And Be Placed In A Foursome. A Maximum Of 120 Players Will Be Allowed. Please Return Your Entry And Payment No Later Than June 8^th To Sandy Wheeler At The LOB Lobby Desk. Please Make Checks Payable To Legislative Golf Tournament c/o David S. Saltmarsh.

Senator Clesson Blaisdell