June 22, 1999

No. 41A

Ought to Pass, Senator Johnson for the committee.

HB 311-FN-A, relative to grants made under the New Hampshire incentive program. Vote 5-1

Rereferred to Committee, Senator Larsen for the committee.

HB 341, relative to the process for nonrenewal of teacher contracts. Vote 6-2

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

HB 503-FN-L, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas. Vote 7-0

Ought to Pass, Senator McCarley for the committee.

HB 633-FN-L, establishing parental choice scholarships. Vote 6-0

Inexpedient to Legislate, Senator D'Allesandro for the committee.

HB 690-FN-L, relative to charter schools and open enrollment districts. Vote 7-0

Rereferred to Committee, Senator McCarley for the committee.

HB 581-L, relative to deposits on utility meters. Vote 3-1

Inexpedient to Legislate, Senator Cohen for the committee.

HB 626-FN, relative to revising the laws regulating accountancy.

MINORITY REPORT: Rereferred to Committee, Senator Brown for the committee. Vote 3-4

MAJORITY REPORT: Ought to Pass, Senator Cohen for the committee. Vote 4-3

HB 658-FN, relative to certification, registration, and insurance requirements for recovery agents who assist bail agents and sureties. Vote 4-0

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

HB 665, relative to the New Hampshire emergency management compact with other jurisdictions. Vote 4-0

Ought to Pass, Senator Roberge for the committee.

HB 94, relative to enforcement of the child passenger restraint law. Vote 6-0

Ought to Pass, Senator Pignatelli for the committee.

HB 113, affirming sovereign immunity as it relates to the Claremont ruling. Vote 5-0

Rereferred to Committee, Senator Brown for the committee.

HB 216, relative to release conditions pending trial for defendants in domestic violence, stalking, or protective order violation cases. Vote 6-0

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

HB 270, relative to persons not competent to stand trial. Vote 6-0

Ought to Pass, Senator Cohen for the committee.

HB 324, repealing certain grounds for granting a divorce for cause. Vote 4-1

Ought to Pass, Senator Wheeler for the committee.

HB 360-FN, clarifying that any person convicted of a felony in this state is prohibited from owning or possessing firearms and other dangerous weapons.

MAJORITY REPORT: Ought to pass with amendment, Senator Pignatelli for the committee. Vote 4-2

MINORITY REPORT: Inexpedient to Legislate, Senator Brown for the committee. Vote 2-4

HB 470, relative to settlement of personal actions. Vote 6-0

Inexpedient to Legislate, Senator Brown for the committee.

HB 576-FN, establishing additional staff positions for statewide child custody and support impact seminars, and making an appropriation therefor. Vote 6-0

Ought to Pass, Senator Cohen for the committee.

HB 687-FN, establishing the criminal offense of identity fraud. Vote 6-0

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

HB 715-FN-A-L, granting responsibility for court security to the county sheriff and abolishing certain court security officer positions. Vote 6-0

Inexpedient to Legislate, Senator Wheeler for the committee.

HB 722-FN, revising the law relative to protection of persons from domestic violence. Vote 6-0

Ought to Pass, Senator Cohen for the committee.

HB 723-FN, relative to standby and emergency guardianship proxies. Vote 6-0

Rereferred to Committee, Senator Trombly for the committee.

CACR 6, relating to municipalities' home rule. Providing that municipalities shall have home rule authority to exercise such powers which are not prohibited by the state constitution, state statute, or common law. Vote 5-0

Ought to Pass, Senator Trombly for the committee.

HB 213, relative to voting by prisoners. Vote 6-0

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

HB 228, clarifying permissible political expenditures. Vote 6-0

Rereferred to Committee, Senator Trombly for the committee.

HB 252, establishing a committee to study all aspects of the condominium act established under RSA 356-B. Vote 3-0

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

HB 366, repealing the requirement that persons filing for a primary on the last day of the filing period do so in person. Vote 6-0

Rereferred to Committee, Senator Wheeler for the committee.

HB 381, prohibiting any candidate from receiving the nomination of more than one party. Vote 6-0

Ought to Pass, Senator Trombly for the committee.

HB 399, allowing the secretary of state to have flexibility in moving the date of New Hampshire's presidential primary and changing the filing period for declarations of candidacy for candidates for president and vice-president at the presidential primary. Vote 6-0

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

HB 411, requiring voters to present identification. Vote 6-0

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

HB 468, relative to the home rule powers of municipalities. Vote 3-2

Ought to Pass, Senator Trombly for the committee.

HB 732, relative to nonpayment of member dues and fees and access to financial records of condominium associations. Vote 6-0

Inexpedient to Legislate, Senator Wheeler for the committee.

Senate Education

June 23, 1999

1999-1772s

04/09

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

1 School Boards, Teachers; Teacher Renewal; References Amended. Amend RSA 189:14-a to read as follows:

189:14-a Failure to be Renominated or Reelected.

I.(a) Any teacher who has a professional standards certificate from the state

board of education and who has taught for one or more years in the same school district shall be notified in writing on or before April 15 if that teacher is not to be renominated or reelected.

(b) Any such teacher who has taught for 3 consecutive years or more in the same school district and who has been so notified may request in writing within 10 days of receipt of said notice a hearing before the school board and may in said request ask for reasons for failure to be renominated or reelected. For purposes of this section only, a leave of absence shall not interrupt the consecutive nature of a teacher's service, but neither shall such a leave be included in the computation of a teacher's service. Computation of a teacher's service for any other purposes shall not be affected by this section. The notice shall advise the teacher of all of the teacher's rights under this section. The school board, upon receipt of said request, shall provide for a hearing on the request to be held within 15 days. The school board shall issue its decision in writing within 15 days of the close of the hearing.

II. Any teacher who has a professional standards certificate from the state board of education and who has taught for 3 consecutive years or more in any school district in the state shall, after having taught for 2 consecutive years in any other school district in the state, be entitled to all of the rights for notification and hearing in [paragraph I(b)] paragraphs I(b), III, and IV of this section.

2 School Boards, Teachers; Review by State Board of Education. Amend RSA 189:14-b to read as follows:

189:14-b Review by State Board.

I. A teacher aggrieved by such decision may request the [state board of education] teacher appeals board for review thereof. Such request must be in writing and filed with the [state] teacher appeals board within 10 days after the issuance of the decision to be reviewed. Upon receipt of such request, the [state] teacher appeals board shall notify the school board of the request for review, and shall forthwith proceed to a consideration of the matter. Such consideration shall include a hearing if either party shall request it. The [state] teacher appeals board shall issue its decision within [15] 60 days after the request for review is filed, and the decision of the [state] teacher appeals board shall be final and binding upon both parties. A request for review under this section shall constitute the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher for unsatisfactory performance.

4 New Subdivision; Teacher Appeals Board. Amend RSA 189 by inserting after section 58 the following new subdivision:

Teacher Appeals Board

189:59 Teacher Appeals Board Established; Membership.

I. There is hereby established a teacher appeals board consisting of 3 members appointed by the governor and council. One member shall have extensive experience representing the interests of teachers. One member shall have extensive experience representing the interests of school districts. One member, who shall be the chairperson, shall have no current affiliation with any organization representing the interests of teachers or school districts and shall have not been an employee, representative, or agent of any organization representing the interests of teachers or school districts within 5 years of the date of appointment to the board. The chairperson shall possess a minimum of 10 years experience in the adjudication or resolution of disputes.

II. In addition to the members appointed to the board under paragraph I of this section, the governor and council shall appoint 3 alternate board members. One alternate member shall have extensive experience representing the interests of teachers. One alternate member shall have extensive experience representing the interests of school districts. One alternate member, shall have no current affiliation with any organization representing the interests of teachers or school districts and shall have not been an employee, representative, or agent of any organization representing the interests of teachers or school districts within 5 years of the date of appointment to the board.

III. Each member and alternate member of the board shall serve for a term of 6 years, except for the terms of the members and alternate members initially appointed of whom one member and one alternate shall be appointed for a term of 2 years, one member and one alternate shall be appointed for a term of 4 years, and one member and one alternate shall be appointed for a term of 6 years. Each board member shall serve until a successor is appointed and qualified. Vacancies on the board shall be filled by appointment by the governor and council for the duration of the unexpired term.

IV. The board members and alternate members shall serve without compensation. Board members and alternate members may, at the recommendation of the governor and council, be reimbursed for their necessary expenses while engaged in the performance of their duties to the board.

V. The board shall be administratively attached to the department of education.

189:60 Nonrenewal of Teacher Contracts; Review.

I. The teacher appeals board shall have exclusive jurisdiction to review decisions of the local school boards to nonrenew a teacher’s contract.

II. The teacher appeals board shall uphold a decision of the local school board to nonrenew a teacher’s contract based on unsatisfactory performance unless the decision is unjust, unreasonable, or unlawful.

III. The record before the teacher appeals board shall consist of the entire record compiled at the local school board hearing.

IV. The teacher appeals board shall have the power to compel the attendance of witnesses and the production of documents by the issuance of subpoenas, and to take testimony under oath, as provided in RSA 516, and may delegate such powers to any persons it may appoint.

V. Formal rules of evidence shall not apply in proceedings before the board.

4 Public Employee Labor Relations; Grievance Procedures; Nonrenewal of Teacher Contract Not Subject to Binding Arbitration. Amend RSA 273-A:4 to read as follows:

273-A:4 Grievance Procedures. Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures. No grievance resulting from the failure of a teacher to be renewed because of unsatisfactory performance pursuant to RSA 189:14-a, shall be subject to arbitration or any other binding resolution, except as provided by RSA 189:14-a and RSA 189:14-b. Any such provision in force as of the effective date of this section shall be null and void upon the expiration date of that collective bargaining agreement.

5 Effective Date. This act shall take effect January 1, 2000.

1999-1772s

AMENDED ANALYSIS

This bill clarifies the process for conducting hearings before a local school board on the issue of nonrenewal of teacher contracts, and for the appeal of such nonrenewal decisions to a newly created teacher appeals board.

Senate Executive Departments and Administration

June 23, 1999

1999-1778s

09/03

Amend RSA 597:7-b, II as inserted by section 1 of the bill by replacing it with the following:

II. Any person who operates as a recovery agent in this state, excluding licensed private detectives, shall be trained and certified through a program approved by the Professional Bail Agents of the United States and shall register annually with the secretary of state. The secretary of state shall issue to each registered recovery agent proof of such registration. Effective July 1, 2000, each bail agency operating in this state shall annually provide to the secretary of state proof of liability insurance coverage in the amount of $300,000 for bail recovery activities of the agency’s bail agents and bail recovery agents. This proof of insurance coverage shall be provided before the agency’s bail agents are licensed or relicensed, and before the agency’s bail recovery agents are registered or reregistered. Bail recovery agents acting as independent contractors shall provide proof of liability insurance coverage in the amount of $300,000 to the secretary of state before registration or reregistration. Any person who operates as a recovery agent in this state without meeting such certification, insurance, and registration requirements shall be guilty of a class A misdemeanor.

Senate Judiciary

June 23, 1999

1999-1782s

05/10

Amend the bill by replacing sections 1 and 2 with the following:

1 New Paragraph; Release of Defendant Pending Trial. Amend RSA 597:2 by inserting after paragraph III the following new paragraph:

III-a. If a person is charged with any of the offenses listed in RSA 173-B:1, I or with violation of a protective order issued under RSA 458:16, III or RSA 173-B, the court or justice may order preventive detention without bail, or, in the alternative, restrictive conditions including but not limited to electronic monitoring and supervision, if there is clear and convincing evidence that the person poses a danger to another. The court or justice may consider, but shall not be limited to considering, any of the following conduct as evidence of posing a danger:

(a) Threats of suicide.

(b) Acute depression.

(c) History of violating protective orders.

(d) Possessing or attempting to possess a deadly weapon in violation of an order.

(e) Death threats or threats of possessiveness toward another.

(f) Stalking, as defined in RSA 633:3-a.

(g) Cruelty to or violence directed toward pets.

2 Review and Appeal of Release or Detention Order. Amend RSA 597:6-e, II to read as follows:

II. The person or the state may file with the superior court a motion for revocation of the order or amendment of the conditions of release set by a municipal or district court, by a justice or by a bail commissioner. The motion shall be determined promptly. In cases where a district court justice has made a finding, pursuant to RSA 597:2, III-a that the person poses a danger to another, the superior court shall, after notification to both parties, the police department that brought the charges in district court, and the victim, conduct a hearing and make written findings supporting any modifications and reasons for new conditions or changes from the district court order. The reviewing court shall take into consideration the district court’s written findings, orders, pleadings, or transcript when making a modification.

Senate Judiciary

June 23, 1999

1999-1780s

05/10

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

AN ACT clarifying that any person convicted of a crime punishable by imprisonment for a term exceeding one year is prohibited from owning or possessing firearms and other dangerous weapons.

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

1 Convicted Felons; Prohibition on Owning or Possessing Firearms and Other Dangerous Weapons. Amend RSA 159:3, I to read as follows:

I. A person is guilty of a class B felony if [he] such person:

(a) Owns or has in [his] such person’s possession or under [his] such person’s control, a pistol, revolver, or other firearm, or slungshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or any other dangerous weapon; and

(b) Has been convicted in either a state or federal court in this or any other state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States of[:

(1) A felony against the person or property of another; or

(2) A felony under RSA 318-B; or

(3) A felony violation of the laws of any other state, the District of Columbia, the United States, the Commonwealth of Puerto Rico or any territory or possession of the United States relating to controlled drugs as defined in RSA 318-B] a crime punishable by imprisonment for a term exceeding one year.

2 Effective Date. This act shall take effect January 1, 2000.

1999-1780s

AMENDED ANALYSIS

This bill clarifies that any person convicted of a crime punishable for a term exceeding one year is prohibited from owning or possessing firearms and other dangerous weapons.

Senate Judiciary

June 23, 1999

1999-1781s

05/10

Amend RSA 638:25, III as inserted by section 1 of the bill by replacing it with the following:

III. "Victim" means any person whose personal identifying information has been unlawfully obtained or recorded or any person or entity that provided money, credit, goods, services, or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this subdivision.

Amend RSA 638:26, I and II as inserted by section 1 of the bill by replacing it with the following:

638:26 Identity Fraud.

I. A person is guilty of identity fraud when the person:

(a) Poses as another person with the purpose to defraud in order to obtain money, credit, goods, services, or anything else of value.

(b) Obtains or records personal identifying information about another person without the express authorization of such person, with the intent to pose as such person;

(c) Obtains or records personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person; or

(d) Poses as another person, without the express authorization of such person, with the purpose of obtaining confidential information about such person that is not available to the general public.

II.(a) Identity fraud is:

(1) A class A felony if the value of the property or services obtained exceeds $1,000.

(2) A class B felony in all other cases.

(b) The value may be determined according to the provisions of RSA 637:2, V.

Public Affairs

June 23, 1999

1999-1789s

03/09

Amend RSA 654:2-a as inserted by section 1 of the bill by replacing it with the following:

654:2-a Voters Confined in Penal Institutions.

I. The domicile for voting purposes of a person confined in a penal institution shall be the town or city in New Hampshire in which such person had his or her domicile immediately prior to such confinement, even though such person no longer maintains a domicile in said town or city and even though his or her intent to return thereto is uncertain. The domicile for voting purposes of a person confined in a penal institution shall not include the municipality where the person is confined unless the person was domiciled in that municipality prior to confinement. If the person was domiciled immediately prior to confinement in the municipality where the person is confined, the person shall be considered absent for purposes of voter registration and absentee voting during the period of confinement.

II. A person confined in a penal institution whose domicile is in a town or city in New Hampshire shall be eligible to vote in state elections and shall exercise that right by absentee ballot provided:

(a) The person complies with all other applicable requirements and qualifications of the state of New Hampshire, including, but not limited to, the requirement that an absentee voter take the steps necessary to have his or her name placed on the voter checklist no later than 10 days before an election and the requirement that the absentee voter take the steps necessary to make sure that his or her ballot is received by the town or city clerk from whom it was sent by 5:00 p.m. on election day. A person confined in a penal institution shall use the mail to comply with all applicable requirements and qualifications.

(b) The person is not registered to vote or eligible to vote in any other state or election district of a state or in any territory or possession of the United States.

(c) The person is not a citizen of another state.

III. In completing a voter registration card, as specified in RSA 654:7, a person confined in a penal institution shall list the address of his or her domicile in the address section, and the address of the penal institution in the mailing address section.

1999-1789s

AMENDED ANALYSIS

This bill defines the domicile for voting purposes of a person confined in a penal institution as the domicile preceding confinement and specifies the voting procedures for such persons.

Public Affairs

June 23, 1999

1999-1799s

05/09

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

AN ACT relative to establishing a procedure for the separation of condominium units known as "London Court" from the Commons at Merrimack, and establishing a committee to study all aspects of the condominium act established under RSA 356-B.

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

1 Procedure for Separation of Condominium Units at the Commons at Merrimack Condominium. Notwithstanding the provisions of RSA 356-B:26,, the Commons at Merrimack Condominium located in the town of Merrimack, county of Hillsborough, state of New Hampshire, may be contracted to remove the 144 condominium units known as "London Court," which is presently part of the Commons at Merrimack Condominium, by a 4/5 affirmative vote of all unit owners.

2 Committee Established. There is established a committee to study all aspects of the condominium act established under RSA 356-B.

3 Membership and Compensation.

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

(a) Three members of the house of representatives, at least one of whom shall be a member of the house commerce committee, appointed by the speaker of the house.

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

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

4 Duties. The committee shall study all aspects of the condominium act established under RSA 356-B, soliciting input from organizations including but not limited to the attorney general’s office and the Community Associations Institute-New Hampshire (C.A.I). Measures to be considered shall include, but not be limited to, enabling legislation to allow condominium associations to adopt provisions in their bylaws to provide for contraction or division by an 80 percent affirmative vote by condominium owners.

5 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 house member. The first meeting of the committee shall be held within 45 days of the effective date of this section.

6 Report. The committee shall report its findings and any recommendations for proposed legislation to the attorney general, the speaker of the house of representatives, the house clerk, the senate president, the senate clerk, the governor, and the state library on or before November 1, 1999.

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

1999-1799s

AMENDED ANALYSIS

This bill establishes a procedure for the separation of condominium units known as "London Court" from the Commons at Merrimack, and establishes a committee to study all aspects of the condominium act established under RSA 356-B.

Public Affairs

June 23, 1999

1999-1786s

03/09

Amend the bill by replacing section 4 with the following:

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

Public Affairs

June 23, 1999

1999-1791s

03/01

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

AN ACT requiring voters to present identification and eliminating straight ticket voting.

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 4:

2 Removing Instructions to Voters on Ballot for Straight Ticket Voting. RSA 659:17 is repealed and reenacted to read as follows:

659:17 Instructions to Voters.

I. The secretary of state shall provide on the top of the general election ballot the following voting instructions: "Vote for the candidate of your choice for each office by making the appropriate mark. Follow directions as to the number of candidates to be elected to each office."

II. A voter may vote for a candidate in a state general election, or in a state or presidential primary election, by making the appropriate mark for the name of each candidate for whom the voter wishes to vote. A voter desiring to vote for a candidate whose name is not printed on the ballot shall write in the name of the person for whom the voter desires to vote in the space provided for that purpose.

3 Repeal. The following are repealed:

I. RSA 656:10, relative to straight ticket voting.

II. RSA 656:11, relative to party emblem.

III. RSA 659:66, relative to counting straight party votes.

1999-1791s

AMENDED ANALYSIS

This bill requires that voters present identification or sign an affidavit to obtain a ballot. This bill also eliminates strait ticket voting.

HB 67, relative to termination of parental rights upon a finding of either child abuse or the commission of certain criminal offenses.

Senate Conferees: Senators Pignatelli, Fernald, Squires

House Conferees: Representatives R. Lyman, I. Pratt, D. Bickford, E. Moran

HB 428, relative to school administrative units.

Senate Conferees: Senators Disnard, Johnson, J, King

House Conferees: Representatives R. McKinley, B. Ward, D. Larrabee, C. Jean

HB 491, relative to qualifying examinations for individuals seeking driver's licenses, and driver education course requirements.

Senate Conferees: Senators Gordon, Trombly, Roberge

House Conferees: Representatives S. Packard, R. Letourneau, G. LaPorte, J. Gleason

HB 664, establishing a study committee on rights of ownership to cemetery plots.

Senate Conferees: Senators Trombly, Disnard, Roberge

House Conferees: Representatives B. Patten, M. Griffin, R. Zerba, T. Rice

HB 689-FN, establishing a committee to study campaign contributions and expenditures.

Senate Conferees: Senators McCarley, Wheeler, Krueger

House Conferees: Representatives L. Horton, F. Davis, J. Splaine, R. Clegg

SB 30, relative to the cruelty to animals law.

Senate Conferees: Senators Wheeler, Trombly, Disnard

House Conferees: Representatives E. Weare, R. Fesh, W. Mikowlski, Welch

SB 47, relative to compensation for time lost by fish and game conservation officers for injuries received in the line of duty, and restoring certain leave time for a conservation officer injured while on duty on August 19, 1997.

Senate Conferees: Senators Disnard, Trombly, F. King

SB 70, changing the safe drinking water standard for MTBE.

Senate Conferees: Senators Wheeler, Cohen, Russman

SB 101, relative to landlord-tenant obligations.

Senate Conferees: Senators Trombly, Disnard, Russman

House Conferees: Representatives P. Bergin, P. Woods, J. Wall, J. Craig

SB 124, establishing a committee to study the integration of technology at the state and municipal level.

Senate Conferees: Senators D'Allesandro, McCarley, Klemm

House Conferees: Representatives H. Lynde, L. Guay, R. Maxfield, L. Bergeron

SB 140, relative to ear and body piercing.

Senate Conferees: Senators Wheeler, Squires, McCarley

SB 204, establishing the New Hampshire excellence in higher education endowment trust fund.

Senate Conferees: Senators Larsen, Gordon, Cohen

House Conferees: Representatives E. Hoadley, P. Davis, C. Snyder, J. Alger

ENVIRONMENT, Room 104, LOB

INTERNAL AFFAIRS, Room 103, LOB

FINANCE, Room 103, SH

ENERGY & ECONOMIC DEVELOPMENT, Room 105A, SH