May 6, 2010
No. 19
STATE OF
WEB SITE ADDRESS:
www.gencourt.state.nh.us
Second Year of
161st Session of the
Legislative
SENATE
CALENDAR
REPORTS,
AMENDMENTS, HEARINGS,
MEETINGS AND
NOTICES
THE SENATE WILL MEET IN SESSION ON WEDNESDAY, MAY 12, 2010, AT 10:00 A.M.
LAID ON THE TABLE
CACR 34, relating to funding of public education. Providing that the general court shall define an adequate education and distribute state funds for public education in a manner that alleviates local disparities. 3/17/10, pending motion ITL, Judiciary, SJ 10, pg. 158
SB 94, relative
to the creation of express trusts for payment of claims for materials and
services rendered in building projects. 1/21/10,
pending motion Interim Study, Commerce, Labor and Consumer Protection, SJ 3,
pg. 33
SB 345-FN, relative
to automatic renewal of contracts. 3/3/10,
pending motion ITL, Commerce, Labor and Consumer Protection, SJ 8, pg. 96
SB 386-FN, extending
the pilot program for chartered public schools approved by the state board of
education. 3/3/10, pending motion Committee
Amendment (0774s) Education, SJ 8, pg. 99
SB 389-FN-A, relative to the interest and dividends tax on certain distributions to investors in investment organizations. 3/24/10, pending motion OTP, Finance, SJ 11, pg. 213
SB 446, relative
to the governance of the
SB 467-FN-A, establishing job creation incentives under the business profits tax and the business enterprise tax. 3/10/10, pending motion OTP, Ways and Means, SJ 9, pg. 147
SB 468, relative to tort reform. 3/24/10, pending motion ITL, Commerce, Labor and Consumer Protection, SJ 11, pg. 191
SB 473-FN, making distributions from limited liability companies, partnerships, and associations subject to the interest and dividends tax only if they have transferable shares, and requiring a reduction in general fund appropriations for the biennium ending June 30, 2011. 3/10/10, pending motion ITL, Ways and Means, SJ 9, pg. 148
SB 474-FN-A-L, changing the rate of the meals and rooms tax, repealing the meals and rooms tax on campsites, and requiring a reduction in general fund appropriations for the biennium ending June 30, 2011. 3/10/10, pending motion Committee Amendment (0890s), Ways and Means, SJ 9, pg. 148
SB 476-FN, clarifying the business profits tax deduction for reasonable compensation. 3/10/10, pending motion ITL, Ways and Means, SJ 9, pg. 149
SB 479, relative to administrative review by the commissioner of safety of decisions by the bureau of hearings. 3/24/10, pending motion Floor Amendment (1155s), Executive Departments and Administration, SJ 11, pg. 212
SB 482, relative to bullying and cyberbullying in schools. 3/17/10, pending motion Interim Study, Education, SJ 10, pg. 161
SB 487-L, relative to charter limitations on the growth of budgets and taxes and to the validity of certain city and town charter provisions. 3/24/10, pending motion ITL, Public and Municipal Affairs, SJ 11, pg. 240
SB 488, relative to the adoption of local spending caps. 3/24/10, pending motion ITL, Public and Municipal Affairs, SJ 11, pg. 241
HB 50, (New
Title) relative to proceedings of medical injury claims screening panels. 5/5/10, pending motion OTP, Judiciary, SJ
17, pg. TBA
HB 314-L, (New
Title) relative to the assessment of certain costs associated with proposed
large groundwater withdrawals from wells.
1/27/10, pending motion ITL, Energy, Environment and Economic Development, SJ 4,
pg. 55
HB 431-FN, requiring certain engine coolants and antifreeze to include an aversive agent so that they are rendered unpalatable. 4/21/10, pending motion Committee Amendment (1413s), Energy, Environment and Economic Development, SJ 15, pg. TBA
HB 1201, (New
Title) including loaded muzzleloaders in the prohibition of hunting from a
vehicle. 4/28/10, pending motion
Committee Amendment (1502s), Wildlife, Fish and Game and Agriculture, SJ 16,
pg. TBA
HB 1324, relative
to staffing exceptions for geographically isolated small schools. 5/5/10, pending motion ITL, Education, SJ
17, pg. TBA
HB 1355-FN,
relative to certain Medicaid appropriations. 4/7/10, pending motion Interim Study, Finance, SJ 13, pg. TBA
HB 1367-FN, (New
Title) relative to political advertising and campaign expenditures and
contributions by business organizations and labor unions. 4/28/10, pending motion Committee Amendment (1340s), Election Law and
Veterans’ Affairs, SJ 16, pg. TBA
HB 1379, relative
to promotion of the state parks. 5/5/10,
pending motion OTP, Energy, Environment and Economic Development, SJ 17, pg.
TBA
HB 1469, relative
to the required number of instructional days and instructional hours in a
school district's calendar. 5/5/10,
pending motion ITL, Education, SJ 17, pg. TBA
HB 1484, relative
to residency restrictions for sex offenders. 4/28/10, pending motion OTP, Judiciary, SJ 16, pg. TBA
HB 1572-FN,
relative to the certification of integrated residential communities. 4/28/10, pending motion OTP, Health and
Human Services, SJ 16, pg. TBA
HB 1579-FN, relative
to electioneering by public employees.
4/14/10, pending motion ITL, Executive Departments and Administration, SJ 14,
pg. TBA
HCR 22, (New
Title) urging Congress to develop and pass a comprehensive immigration reform program.
5/5/10, pending motion OTP, Judiciary,
SJ 17, pg. TBA
HCR 29, requiring
the Congress of the United States of America to reaffirm its adherence to the
Constitution of the United States regarding international agreements and
treaties. 5/5/10, pending motion ITL, Election
Law and Veterans' Affairs, SJ 17, pg. TBA
REPORTS
COMMERCE, LABOR AND CONSUMER PROTECTION
HB 1340, relative to condominium liens for assessments.
Ought to Pass, Vote 6-0.
Senator Cilley for the committee.
HB 1366, making certain technical corrections in the insurance laws.
Ought to Pass, Vote 5-0.
Senator Roberge for the committee.
HB 1368, relative to the definition of "employee" for workers' compensation purposes.
Ought to Pass with Amendment, Vote 3-1.
Senator Hassan for the committee.
HB 1459, relative to the board of trust company incorporation.
Ought to Pass with Amendment, Vote 4-2.
Senator Hassan for the committee.
EDUCATION
HB 1411, (New Title) requiring notice to educational support personnel and non-certified school district employees.
Ought to Pass with Amendment, Vote 4-1.
Senator Fuller Clark for the committee.
HB 1523, revising the pupil safety and violence prevention act.
Ought to Pass with Amendment, Vote 5-0.
Senator Kelly for the committee.
ELECTION LAW AND VETERANS' AFFAIRS
HB 1477, relative to checklist information.
Ought to Pass with Amendment, Vote 3-2.
Senator Houde for the committee.
HB 1535-FN, (New Title) relative to absentee voting, special elections, election returns, preservation of ballots, recounts, and the ballot law commission.
Ought to Pass with Amendment, Vote 5-0.
Senator Lasky for the committee.
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT
HB 1239, (New Title) relative to processing certain environmental permits and administrative fines for violations of dredge and fill requirements.
Ought to Pass with Amendment, Vote 3-0.
Senator Lasky for the committee.
HB 1270, (New Title) relative to balancing amounts expended from the renewable energy fund.
Ought to Pass with Amendment, Vote 6-0.
Senator Bradley for the committee.
HB 1377, permitting utilities to establish loan programs for owners of residential and business property engaging in renewable energy and energy efficiency projects.
Ought to Pass with Amendment, Vote 6-0.
Senator Fuller Clark for the committee.
HB 1462, (New Title) establishing a shoreland advisory committee.
Ought to Pass with Amendment, Vote 5-1.
Senator Fuller Clark for the committee.
HB 1471, (New Title) requiring the governor’s office of energy and planning and the board of home inspectors to develop a document relative to home energy efficiency for home buyers.
Inexpedient to Legislate, Vote 6-0.
Senator Merrill for the committee.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 410, relative to the licensing of alcohol and drug counselors.
Ought to Pass, Vote 5-0.
Senator Fuller Clark for the committee.
HB 1170, relative to licensure of home health care providers.
Ought to Pass, Vote 4-0.
Senator Carson for the committee.
HB 1206, adopting
apple cider as the
Ought to Pass, Vote 5-0.
Senator DeVries for the committee.
HB 1267-L, relative to applications for hawkers and peddlers licenses.
Ought to Pass with Amendment, Vote 4-1.
Senator Fuller Clark for the committee.
HB 1326, relative to the use of long-term antibiotics for the treatment of Lyme disease.
Inexpedient to Legislate, Vote 2-2.
Senator Cilley for the committee.
HB 1404, relative to the regulation of real estate brokers and salespersons.
Ought to Pass with Amendment, Vote 5-0.
Senator Fuller Clark for the committee.
HB 1416, making technical corrections to certain department of revenue administration laws.
Ought to Pass, Vote 4-0.
Senator Downing for the committee.
HB 1487, relative to the definition of certified wetland scientists.
Ought to Pass, Vote 3-0.
Senator Carson for the committee.
HB 1512, (New Title) establishing a deferred retirement option in the judicial retirement plan.
Ought to Pass, Vote 4-0.
Senator Downing for the committee.
FINANCE
HB 523-FN, requiring DNA testing of all persons convicted of a felony.
Ought to Pass with Amendment, Vote 3-0.
Senator D'Allesandro for the committee.
HB 1128-FN-L, relative to the distribution of meals and rooms tax revenues to cities and towns.
Ought to Pass, Vote 6-0.
Senator Sgambati for the committee.
HB 1513-FN, (New Title) relative to fees collected by the secretary of state.
Ought to Pass, Vote 4-0.
Senator Gallus for the committee.
JUDICIARY
HB 160, relative to physical force in defense of a person.
Ought to Pass, Vote 5-0.
Senator Houde for the committee.
HB 1133, relative to the duration of involuntary emergency admissions.
Ought to Pass with Amendment, Vote 5-0.
Senator Reynolds for the committee.
HB 1134, (New Title) authorizing federal law enforcement officials to take emergency law enforcement action to temporarily detain persons when assisting local law enforcement officials or upon witnessing a crime.
Inexpedient to Legislate, Vote 4-0.
Senator Roberge for the committee.
HB 1156, relative to the determination of parental rights and responsibilities.
Interim Study, Vote 3-1.
Senator Reynolds for the committee.
HB 1167, establishing a committee to study parole boards and parole board procedures.
Ought to Pass with Amendment, Vote 4-0.
Senator Lasky for the committee.
HB 1183, relative to the effective date of certain provisions of the involuntary commitment of sexually violent predators statute.
Ought to Pass with Amendment, Vote 4-0.
Senator Reynolds for the committee.
HB 1185, relative to retired judges over 70 years of age.
Inexpedient to Legislate, Vote 3-2.
Senator Houde for the committee.
HB 1213, relative to notice to the department of health and human services of the allocation of spousal income and relative to estate planning by guardians.
Inexpedient to Legislate, Vote 4-0.
Senator Reynolds for the committee.
HB 1215, relative to gender neutral references in certain public assistance statutes.
Ought to Pass, Vote 5-0.
Senator Letourneau for the committee.
HB 1223, relative to notice in class action cases under the consumer protection act.
Ought to Pass, Vote 5-0.
Senator Reynolds for the committee.
HB 1259, relative to subrogation claims and liens in civil actions.
Ought to Pass with Amendment, Vote 4-0.
Senator Houde for the committee.
HB 1306, relative to approval of recommendations of marital masters and judicial referees.
Ought to Pass, Vote 5-0.
Senator Reynolds for the committee.
HB 1318, (New Title) relative to victim services while the court is considering post-conviction DNA testing.
Ought to Pass with Amendment, Vote 5-0.
Senator Lasky for the committee.
HB 1372, (New Title) establishing a committee to study the provisions of RSA 570-A, the wiretapping and eavesdropping statute, and to study permitting a person to record a law enforcement officer in the course of such officer’s official duties.
Ought to Pass with Amendment, Vote 4-0.
Senator Lasky for the committee.
HB 1373, establishing a committee to study the effects of current state and federal laws on illegal drugs and the possession and use of such drugs.
Ought to Pass with Amendment, Vote 4-0.
Senator Houde for the committee.
HB 1398, allowing a surviving spouse to have access to the deceased spouse's medical records when there is no estate administration.
Ought to Pass with Amendment, Vote 5-0.
Senator Lasky for the committee.
HB 1420, relative to the calculation of child support.
Ought to Pass, Vote 5-0.
Senator Reynolds for the committee.
HB 1436, requiring a report to the general court on New Hampshire's participation in the National Violent Death Reporting System.
Ought to Pass with Amendment, Vote 5-0.
Senator Lasky for the committee.
HB 1474, (New
Title) establishing a legislative committee to review the
Inexpedient to Legislate, Vote 4-0.
Senator Roberge for the committee.
HB 1491, (New Title) relative to the child support calculation in cases of shared parenting.
Ought to Pass, Vote 5-0.
Senator Reynolds for the committee.
HB 1543, relative to the annual rate of interest on judgments.
Ought to Pass with Amendment, Vote 4-1.
Senator Letourneau for the committee.
HB 1628, establishing guidelines for neighborhood notification upon release of a sexual offender.
Interim Study, Vote 3-1.
Senator Lasky for the committee.
PUBLIC AND MUNICIPAL AFFAIRS
HB 53, relative to the definition of "public body" under the right-to-know law.
Ought to Pass, Vote 5-0.
Senator Barnes for the committee.
HB 379, exempting certain meetings concerning collective bargaining from the right-to-know law.
Ought to Pass, Vote 4-0.
Senator Barnes for the committee.
HB 1332, relative to planning board members.
Inexpedient to Legislate, Vote 4-1.
Senator Barnes for the committee.
HB 1395, relative to workforce housing.
Ought to Pass, Vote 4-0.
Senator DeVries for the committee.
HB 1439-L, relative to tax exemptions for water and air pollution control installations.
Inexpedient to Legislate, Vote 5-0.
Senator Roberge for the committee.
HB 1447, relative to authorization to use firearms in the compact part of a town.
Inexpedient to Legislate, Vote 5-0.
Senator Barnes for the committee.
HB 1461, relative to the municipal regulation of the sale of martial arts weapons.
Ought to Pass with Amendment, Vote 5-0.
Senator Barnes for the committee.
HB 1483, (New Title) relative to appropriations in the county budget.
Ought to Pass, Vote 5-0.
Senator Roberge for the committee.
HB 1486, (New Title) prohibiting the mandating of fire sprinkler systems in certain dwellings and establishing a committee to study municipal residential fire sprinkler requirements.
Ought to Pass with Amendment, Vote 5-0.
Senator Roberge for the committee.
HB 1497, (New
Title) relative to the governance of the
Ought to Pass with Amendment, Vote 5-0.
Senator DeVries for the committee.
HB 1524, relative to the liability of town and city health officers and overseers of public welfare.
Ought to Pass, Vote 5-0.
Senator Houde for the committee.
HB 1554, allowing municipalities to establish energy efficiency and clean energy districts.
Ought to Pass with Amendment, Vote 4-1.
Senator Barnes for the committee.
TRANSPORTATION AND INTERSTATE COOPERATION
HB 1192, relative to obstructions on motor vehicle windows.
Inexpedient to Legislate, Vote 4-0.
Senator Boutin for the committee.
HB 1262, relative to disabled parking signs.
Ought to Pass with Amendment, Vote 4-1.
Senator Kelly for the committee.
HB 1480, (New
Title) relative to the
Ought to Pass, Vote 5-0.
Senator Letourneau for the committee.
HB 1481, relative to the use of turnpike tolls.
Ought to Pass, Vote 3-0.
Senator Letourneau for the committee.
HB 2010, relative to the state 10-year transportation improvement program.
Ought to Pass with Amendment, Vote 5-0.
Senator Letourneau for the committee.
WAYS AND MEANS
HB 1490, (New Title) establishing a citizens task force to study state revenues and expenditures.
Ought to Pass with Amendment, Vote 6-1.
Senator Bradley for the committee.
HB 1607-FN-A, relative to the reasonable compensation deduction under the business profits tax.
Ought to Pass with Amendment, Vote 7-0.
Senator Odell for the committee.
HB 1615, (New Title) relative to the determination of value and a notice requirement for purposes of the utility property tax.
Ought to Pass with Amendment, Vote 7-0.
Senator Gilmour for the committee.
AMENDMENTS
Senate Finance
May 6, 2010
2010-1941s
04/10
Amendment to HB 523-FN
Amend the title of the bill by replacing it with the following:
AN ACT requiring DNA testing of all persons convicted of a felony and making changes to the information and analysis center.
Amend the bill by replacing all after section 4 with the following:
5 Information and
IV. The center may
allow the attendance, on detached duty with appropriate security clearances, of
representatives of local police departments, county sheriffs’ departments, the
911 mapping unit, [and] the department of health and human services[. Until June 30, 2013, the center may allow
attendance of employees of], the Federal Bureau of
Investigation, and the Department of Homeland Security who shall be subject
to the provisions of this chapter regarding access to information.
6 New Paragraph;
Information and
IV. On or before November 30, 2013, the advisory council on emergency preparedness and security shall report to the governor, the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate finance committees on the progress and accomplishments of the information and analysis center and shall include recommendations for any legislative changes and whether or not the operations of the center should continue.
7 Information and
651-F:7 Penalties.
I. Any person who purposely obtains, receives, uses, disseminates to an unauthorized individual, or retains any personally identifiable information on individuals in contravention of the provisions of this chapter shall be guilty of a felony and subject to a fine of $1,000 for each such violation. Prosecutions under this section shall be the responsibility of the attorney general.
II. An aggrieved individual may bring suit for civil penalties for up to $10,000 or actual damages, whichever is greater, for a violation of this section, but no action against the state shall exceed the limits to which the state has waived its sovereign immunity. The court may also award court costs and reasonable attorney's fees.
8 Repeal. RSA 651-F, relative to the establishment of the information and analysis center, is repealed.
9 Contingency. If HB 587-FN of the 2010 legislative session becomes law, then sections 5-8 of this act shall take effect as provided in section 10 of this act. If HB 587-FN of the 2010 legislative session does not become law, then sections 5-8 of this act shall not take effect.
10 Effective Date.
I. Section 4 of this act shall take effect July 1, 2011.
II. Section 8 of this act shall take effect December 31, 2014.
III. Section 9 of this act shall take effect upon its passage.
IV. The remainder of this act shall take effect 60 days after its passage.
2010-1941s
AMENDED ANALYSIS
This bill:
I. Amends certain provisions of RSA 651-C requiring DNA analysis of criminal offenders.
II. Repeals the definitions of “sexual offender” and “violent crime” in RSA 651-C.
III. Inserts a provision governing the applicability of RSA 651-C.
IV. Requires the department of safety to expend available biennial appropriations to fund the requirements of this act and prohibits the use of any highway funds for the purposes of this act.
V. Makes changes to the information and analysis center contingent upon HB 587-FN of the 2010 legislative session becoming law.
Senate Judiciary
May 6, 2010
2010-1946s
01/04
Amendment to HB 1133
Amend the title of the bill by replacing it with the following:
AN ACT relative to the duration of involuntary emergency admissions and relative to persons with mental illness and the corrections system and relative to discharge from certain psychiatric facilities under certain circumstances.
Amend the bill by replacing all after the enacting clause with the following:
1 Involuntary Emergency Admissions; Notice. Amend RSA 135-C:30, V to read as follows:
V. That involuntary emergency admission cannot exceed a period of 10 days, not including Saturdays and Sundays, unless the period is extended pursuant to RSA 135-C:32.
2 Involuntary Emergency Admissions; Hearing. Amend RSA 135-C:31, II and III to read as follows:
II. The person
sought to be admitted or the petitioner 10-day] period of involuntary emergency admission.
III. The person
sought to be admitted
3 Period of Involuntary Emergency Admission. Amend RSA 135-C:32 to read as follows:
135-C:32 Ten-Day
Limitation; Petition for Involuntary Admission.
No person shall be admitted for an involuntary emergency admission under
RSA 135-C:27-33 for longer than a 10-day period, not including Saturdays and
Sundays, unless a subsequent petition for involuntary emergency
admission which contains allegations of specific acts or actions which occurred
subsequent to the initial involuntary emergency admission is completed and the
admission is ordered by a physician or A.P.R.N., as defined in RSA 135-C:2,
II-a, in accordance with RSA 135-C:28, or unless a petition requesting a
judicial hearing on the issue of involuntary admission under RSA 135-C:34-54
has been filed with the appropriate probate court within the involuntary
admission period. Upon the filing of the
petition with the probate court, the period of involuntary emergency admission
4 Notification Authorized. Notwithstanding any provision of law to the contrary, in the event that a person who has been charged with murder, found incompetent to stand trial pursuant to RSA 135:17-a, and civilly committed pursuant to RSA 135-C, is discharged to the community, either conditionally or otherwise, the department of health and human services shall immediately notify the attorney general, who shall notify the family of the homicide victim and the law enforcement agency in the community to which the person is being discharged.
5 Competency Hearing; Commitment for Treatment. Amend RSA 135:17-a, V to read as follows:
V. If the court
has determined that the defendant has not regained competency, and the court
determines that he or she is dangerous to himself or herself or others, the
court shall order the person to remain in custody for a reasonable period of
time, not to exceed 90 days, to be evaluated for the appropriateness of
involuntary treatment pursuant to RSA 135-C:34 or RSA 171-B:2. The court
6 Repeal. Section 4 of this act, relative to notification authorized, is repealed.
7 Effective Date.
I. Section 4 of this act shall take effect upon its passage.
II. Sections 5 and 6 of this act shall take effect January 1, 2011.
III. The remainder of this act shall take effect 60 days after its passage.
2010-1946s
AMENDED ANALYSIS
This bill:
I. Clarifies the duration of involuntary emergency admissions.
II. For approximately 6 months, allows certain persons to be notified if a person found incompetent to stand trial and civilly committed is released into the community and after January 1, 2011 requires such persons to remain in the appropriate facility.
Senate Judiciary
May 5, 2010
2010-1893s
04/01
Amendment to HB 1167
Amend section 2 of the bill by replacing paragraph I with the following:
I. The committee shall consist of 5 members of the house of representatives, appointed by the speaker of the house of representatives.
Amend the bill by replacing section 4 with the following:
4 Chairperson. 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.
Senate Judiciary
May 4, 2010
2010-1890s
04/09
Amendment to HB 1183
Amend the bill by replacing section 1 with the following:
1 Involuntary Commitment of Sexually Violent Predators; Effective Date Amended. Amend 2009; 306:17 to read as follows:
306:17 Effective Date.
[I. Sections
10-14 of this act shall take effect September 1, 2010.
II. The
remainder of] This act shall take effect upon its passage.
2010-1890s
AMENDED ANALYSIS
This bill changes the effective date for changes to the procedures relative to involuntary commitment of sexually violent predators enacted in SB 142 of the 2009 legislative session.
Energy, Environment, and Economic Development
May 6, 2010
2010-1958s
08/04
Amendment to HB 1239
Amend the bill by replacing all after the enacting clause with the following:
1 Time for Rendering Decision on Wetlands Permit Applications. Amend RSA 482-A:3, XIV(a)(3)-(5) to read as follows:
(3) Where the department requests additional information pursuant to subparagraph (a)(2), within 30 days of the department's receipt of a complete response to the department's information request:
(A) Approve [or deny] the application, in
whole or in part, and issue a permit; or
[(B)
Commence a non-adjudicative proceeding] (B) Deny the application and issue written
findings in support of the denial; or
(C) Schedule a public hearing in accordance with this chapter and rules adopted by the commissioner; or
[(C)] (D) Extend the time for [response]
rendering a decision on the application for good cause and with the written agreement
of the applicant[.]; or
(4) Where
no request for additional information is made pursuant to subparagraph [(b)]
(a)(2),
within 75 days from the issuance of the notice of administrative completeness,
or 105 days if the application proposes more than one acre of jurisdictional
impact:
(A) Approve [or deny] the application, in
whole or in part, and issue a permit; or
[(B)
Commence a non-adjudicative proceeding] (B) Deny the application and issue written
findings in support of the denial; or
(C)
Schedule a public hearing in accordance with this chapter and
rules adopted by the commissioner[.]; or
(D) Extend the time for rendering a decision on the application for good cause and with the written agreement of the applicant.
(5) Where the department has [commenced a
non-adjudicative] held a public hearing on an
application filed under this chapter, within 60 days following the closure of
the hearing record, approve the application in whole or in part, and
issue a permit or deny the application [either in whole or in part] and
issue written finding in support of the denial.
2 Time for Rendering Decision on Wetlands Permit Applications; Remedy. Amend RSA 482-A:3, XIV(b) to read as follows:
(b) The time
limits prescribed by this paragraph shall supersede any time limits provided in
any other provision of law. If the department
fails to act within the applicable time frame established in [subparagraphs
(a)(2) and (c)(4), the department shall notify the applicant that a
determination was not made within the statutory time requirements. Upon this notice, the department shall
reimburse the applicant 25 percent of the application fee. Within 14 days following the date on which
action should have been taken pursuant to the applicable time frame established
in subparagraphs (a)(2) or (a)(4), the department shall issue an approval or
denial of the permit application, or reach a mutually acceptable agreement with
the applicant for an extension of the time limit to act upon the
application. After 14 days, if the
department has not rendered a decision or made an agreement for an extension,
an additional 25 percent of the application fee shall be reimbursed to the
applicant] subparagraphs (a)(3), (a)(4), and (a)(5) then an application which
meets all applicable criteria for permit issuance, whether established in
statute or in rule adopted pursuant to RSA 541-A, shall be deemed approved, and
an application which does not meet all applicable criteria for permit issuance
shall be deemed denied. Within 14 days
of the date of receipt of a written request from the applicant for the permit,
the department shall issue a permit for an application that has been deemed
approved and shall issue a written denial of the application for an application
that has been deemed denied, which shall specify the reasons why the
application does not meet the applicable criteria for permit issuance. If the applicant has previously agreed to
accept communications from the department by electronic means, the applicant’s
request may be submitted electronically.
If the department does not issue either a permit or a written denial
within the 14-day period, the applicant may proceed with the project as
presented in the application. The
department’s failure to issue a permit shall not relieve the applicant of
complying with all requirements applicable to the project, including but not
limited to requirements established in accordance with RSA 485-A relating to
water quality and permitting requirements under section 404 of the Federal
Clean Water Act.
3 New Subparagraphs; Suspension of Review of Wetlands Permit Applications; Enforcement Action. Amend RSA 482-A:3, XIV by inserting after subparagraph (e) the following new subparagraphs:
(f) The department may
extend the time for rendering a decision under subparagraphs (a)(3)(D) and
(a)(4)(D), without the applicant’s agreement, on an application from an
applicant who previously has been determined, after the exhaustion of available
appellate remedies, to have failed to comply with this chapter or any rule
adopted or permit or approval issued under this chapter, or to have
misrepresented any material fact made in connection with any activity regulated
or prohibited by this chapter, pursuant to an action initiated under RSA
482-A:13, RSA 482-A:14, or RSA 482-A:14-b.
The
length of such an extension shall be no longer than reasonably necessary to
complete the review of the application, but shall not exceed 30 days unless the
applicant agrees to a longer extension.
The department shall notify the applicant of the length of the
extension.
(g) The department may suspend review of an application for a proposed project on a property with respect to which the department has commenced an enforcement action against the applicant for any violation of this chapter, RSA 483-B, RSA 485-A:17, or RSA 485-A:29-44, or of any rule adopted or permit or approval issued pursuant to this chapter, RSA 483-B, RSA 485-A:17, or RSA 485-A:29-44. Any such suspension shall expire upon conclusion of the enforcement action and completion of any remedial actions the department may require to address the violation; provided, however, that the department may resume its review of the application sooner if doing so will facilitate resolution of the violation. The department shall resume its review of the application at the point the review was suspended, except that the department may extend any of the time limits under this paragraph and its rules up to a total of 30 days for all such extensions. For purposes of this subparagraph, “enforcement action” means an action under RSA 482-A:13, RSA 482-A:14, RSA 482-A:14-b, RSA 483-B:18, RSA 485-A:22, RSA 485-A:42, or RSA 485-A:43.
4 Administrative Fines. Amend RSA 482-A:13 to read as follows:
482-A:13 Administrative Fine. The commissioner, after notice and
hearing in accordance with the procedures set forth in RSA 541-A, is empowered
to impose an administrative fine of up to [$2,000] $5,000 for each [offense]
violation,
irrespective of the duration of violation, upon any person who violates
any provision of this chapter. This fine
is appealable under RSA 541. Any
administrative fine imposed under this section will not preclude the imposition
of further penalties under this chapter. The proceeds of administrative fines levied
pursuant to this section shall be placed in the nonlapsing fund authorized in
RSA 482-A:14, III.
5 Time for Rendering Decision on Shoreland Permit Applications. Amend RSA 438-B:5-b, V(b) and (c) to read as follows:
(b) When the department requests additional information pursuant to subparagraph (a), the department shall, within 30 days of the department's receipt of the information:
(1) Approve
the application, in whole or in part, and issue a permit; or
(2) Deny
the application, [with] and issue written findings in support of the decision[,
in whole or in part]; or
(3) Extend
the time for [response] rendering a decision on the application
for good cause and with the written agreement of the applicant.
(c) Where no
request for additional information is made, the department shall, within 30
days of receipt of the application for a permit or 75 days of receipt of an
application for a permit that will require a variance of the minimum standard
of RSA 483-B:9, V or a waiver of the minimum standards of RSA 483-B:9[,]:
(1) Approve [or deny] the application,
[with] in whole or in part, and issue a permit; or
(2) Deny
the application, and issue written findings in support of the decision [in
whole or in part.]; or
(3) Extend the time for rendering a decision on
the application for good cause and with the written agreement of the applicant.
6 Time for Rendering Decision on Shoreland Permit Applications; Remedy. RSA 483-B:5-b, V(d) is repealed and reenacted to read as follows:
(d) The time limits prescribed by this paragraph shall supersede any time limits provided in any other provision of law. If the department fails to act within the applicable time frame established in subparagraphs (b) and (c), then an application which meets all applicable criteria for permit issuance, whether established in statute or in rule adopted pursuant to RSA 541-A, shall be deemed approved, and an application which does not meet all applicable criteria for permit issuance shall be deemed denied. Within 14 days of the date of receipt of a written request from the applicant for the permit, the department shall issue a permit for an application that has been deemed approved and shall issue a written denial of the application for an application that has been deemed denied, which shall specify the reasons why the application does not meet the applicable criteria for permit issuance. If the applicant has previously agreed to accept communications from the department by electronic means, the applicant’s request may be submitted electronically. If the department does not issue either a permit or a written denial within the 14-day period, the applicant may proceed with the project as presented in the application. The department’s failure to issue a permit shall not relieve the applicant of complying with all requirements applicable to the project, including but not limited to requirements established in accordance with RSA 485-A relating to water quality.
7 New Subparagraphs; Suspension of Review of Shoreland Permit Applications; Enforcement Action. Amend RSA 483-B:5-b, V by inserting after subparagraph (e) the following new subparagraphs:
(f) The department may
extend the time for rendering a decision under subparagraphs (b)(3) and (c)(3),
without the applicant’s agreement, on an application from an applicant
who previously has been determined, after the exhaustion of available appellate
remedies, to have failed to comply with this chapter or any rule adopted or
permit or approval issued under this chapter, or to have misrepresented any
material fact made in connection with any activity regulated or prohibited by
this chapter, pursuant to an action initiated under RSA 483-B:18. The length of such an extension shall be no longer
than reasonably necessary to complete the review of the application, and shall not
exceed 30 days unless the applicant agrees to a longer extension. The department shall notify the applicant of
the length of the extension.
(g) The department may suspend review of an application for a proposed project on a property with respect to which the department has commenced an enforcement action against the applicant for any violation of this chapter, RSA 482-A, RSA 485-A:17, or RSA 485-A:29-44, or of any rule adopted or permit or approval issued pursuant to this chapter, RSA 482-A, RSA 485-A:17, or RSA 485-A:29-44. Any such suspension shall expire upon conclusion of the enforcement action and completion of any remedial actions the department may require to address the violation; provided, however, that the department may resume its review of the application sooner if doing so will facilitate resolution of the violation. The department shall resume its review of the application at the point the review was suspended, except that the department may extend any of the time limits under this paragraph and its rules up to a total of 30 days for all such extensions. For purposes of this subparagraph, “enforcement action” means an action initiated under RSA 482-A:13, RSA 482-A:14, RSA 482-A:14-b, RSA 483-B:18, RSA 485-A:22, RSA 485-A:42, or RSA 485-A:43.
8 Time for Rendering Decision on Terrain Alteration Permit Applications. Amend RSA 485-A:17, II-b (b) and (c) to read as follows:
(b) If the department requests additional information pursuant to subparagraph (a), the department shall, within 30 days of the department's receipt of the information:
(1) Approve
the
application in whole or in part and issue a permit; or
(2) Deny
the application[, in whole or in part] and issue written findings in
support of the decision; or
(3) Extend
the time for [response] rendering a decision on the application
for good cause and with the written agreement of the applicant.
(c) If no
request for additional information is made pursuant to subparagraph (b), the
department shall, within 50 days of receipt of the application[,]:
(1) Approve or deny the application, in
whole or in part[.] and issue a permit; or
(2) Deny the application, and issue written
findings in support of the decision; or
(3) Extend the time for rendering a decision on
the application for good cause and with the written agreement of the applicant.
9 Time for Rendering Decision on Terrain Alteration Permit Applications; Remedy. RSA 485-A:17, II-b(d) is repealed and reenacted to read as follows:
(d) The time limits prescribed by this paragraph shall supersede any time limits provided in any other provision of law. If the department fails to act within the applicable time frame established in subparagraphs (b) and (c), then an application which meets all applicable criteria for permit issuance, whether established in statute or in rule adopted pursuant to RSA 541-A, shall be deemed approved, and an application which does not meet all applicable criteria for permit issuance shall be deemed denied. Within 14 days of the date of receipt of a written request from the applicant for the permit, the department shall issue a permit for an application that has been deemed approved and shall issue a written denial of the application for an application that has been deemed denied, which shall specify the reason why the application does not meet the applicable criteria for permit issuance. If the applicant has previously agreed to accept communications from the department by electronic means, the applicant’s request may be submitted electronically. If the department does not issue either a permit or a written denial within the 14-day period, the applicant may proceed with the project as presented in the application. The department’s failure to issue a permit shall not relieve the applicant of complying with all requirements applicable to the project, including but not limited to requirements established in or under RSA 485-A relating to water quality.
10 New Subparagraphs; Suspension of Review of Terrain Alteration Permit Application; Enforcement Action. Amend RSA 485-A:17, II-b by inserting after subparagraph (e) the following new subparagraph:
(f) The department may suspend review of an application for a proposed project on a property with respect to which the department has commenced an enforcement action against the applicant for any violation of this section, RSA 482-A, RSA 483-B, or RSA 485-A:29-44, or of any rule adopted or permit or approval issued pursuant to this section, RSA 482-A, RSA 483-B, or RSA 485-A:29-44. Any such suspension shall expire upon conclusion of the enforcement action and completion of any remedial actions the department may require to address the violation; provided, however, that the department may resume its review of the application sooner if doing so will facilitate resolution of the violation. The department shall resume its review of the application at the point the review was suspended, except that the department may extend any of the time limits under this paragraph and its rules up to a total of 30 days for all such extensions. For purposes of this subparagraph, “enforcement action” means an action initiated under RSA 482-A:13, RSA 482-A:14, RSA 482-A:14-b, RSA 483-B:18, RSA 485-A:22, RSA 485-A:42, or RSA 485-A:43.
11 Action on Subdivision and On-Site Waste Disposal Permit Applications. Amend RSA 485-A:31 to read as follows:
485-A:31 Action on Applications.
I. Subject to paragraphs II and III, the department shall give notice in writing to the person submitting the plans and specifications for subdivision of land of its approval or disapproval of such plans and specifications within 30 days of the date such plans and specifications and the required fees are received by the department and shall give notice in writing to the person submitting plans and specifications for sewage or waste disposal systems of its approval or disapproval of such plans and specifications within 15 working days of the date such plans and specifications and the required fees are received by the department. Unless such written disapproval shall be mailed to the person submitting plans and specifications within 30 days in the case of plans and specifications for subdivision of land and 15 working days in the case of plans and specifications for sewage or waste disposal systems from the date of receipt with the required fees by the department, the plans and specifications shall be deemed to have been approved. The department shall send a copy of the approval or disapproval of such plans and specifications to the planning board or board of selectmen of the affected municipality.
II. The department may extend the time for
rendering a decision under paragraph I, without the applicant’s agreement, on
an application from an applicant who previously has been determined, after the
exhaustion of available appellate remedies, to have failed to comply with RSA
485-A:29-44, or any rule adopted or permit or approval issued pursuant to RSA
485-A:29-44, or to have misrepresented any material fact made in connection
with any activity regulated or prohibited by RSA 485-A:29-44, as a result of an
action initiated under RSA 485-A:42 or RSA 485-A:43. The length of such an extension shall be no longer than
reasonably necessary to complete the review of the application and shall not
exceed 30 days unless the applicant agrees to a longer extension. The department shall notify the applicant of
the length of the extension.
III.
The department may suspend a review of
an application for a proposed project on a property with respect to which the
department has commenced an enforcement action against the applicant for any
violation of RSA 485-A:29-44; RSA 482-A; RSA 483-B; or RSA 485-A:17, or of any
rule adopted or permit or approval issued pursuant to this chapter, RSA
485-A:29-44; RSA 482-A; RSA 483-B; or RSA 485-A:1. Any such suspension shall expire upon
conclusion of the enforcement action and completion of any remedial actions the
department may require to address the violation; provided, however, that the department
may resume its review of the application sooner if doing so will facilitate
resolution of the violation. The
department shall resume its review of the application at the point the review
was suspended, except that the department may extend any of the time limits
under this paragraph and its rules up to a total of 30 days for all such
extensions. For purposes of this
subparagraph, “enforcement action” means an action initiated under RSA
482-A:13; RSA 482-A:14; RSA 482-A:14-b; RSA 483-B:18; RSA 485-A:22; RSA
485-A:42; or RSA 485-A:43.
12 Effective Date. This act shall take effect 60 days after its passage.
2010-1958s
AMENDED ANALYSIS
This bill:
I. Requires the department of environmental services to approve, deny, schedule a public hearing, or extend the time for rendering a decision on wetlands permit applications.
II. Raises the fine for violations of the chapter relative to fill and dredge in wetlands.
Senate Judiciary
May 5, 2010
2010-1925s
06/04
Amendment to HB 1259
Amend RSA 507:7-j as inserted by section 1 of the bill by replacing it with the following:
507:7-j Subrogation Claims. Whenever a subrogation claim pursuant to a contract of insurance is asserted for reimbursement of medical expenses as to a plaintiff’s recovery against a third party, the court in which the action is pending shall order such division of expenses and costs of the action, including attorneys’ fees, between the plaintiff and the insurance carrier and the medical provider, as justice may require.
2010-1925s
AMENDED ANALYSIS
This bill requires the court to order a division of expenses and costs of the action in subrogation claims and liens.
Transportation and Interstate Cooperation
May 6, 2010
2010-1944s
03/04
Amendment to HB 1262
Amend the bill by replacing section 1 with the following:
1 Parking Signs; Disabled. Amend RSA 265:73-a to read as follows:
265:73-a Parking Signs;
Disabled. A parking space on private or
public property that is reserved for persons who are disabled shall be marked
by a sign affixed to a post or a building.
Said sign shall be clearly visible to anyone directly approaching that
particular space. There shall
be a fine of $250 for failure to comply with the sign placement requirements of
this section.
Senate Executive Departments and Administration
May 4, 2010
2010-1882s
08/10
Amendment to HB 1267-LOCAL
Amend the bill by replacing all after the enacting clause with the following:
1 Hawkers and Peddlers Licenses. Amend RSA 320:8, I to read as follows:
I. Upon compliance
with this section and upon payment of $50 for a state license, the secretary of
state may grant special state licenses. Applications
for such licenses shall be made upon blanks prepared by the secretary of state
requiring such information regarding the applicant’s character and
qualifications as the secretary shall deem pertinent. All applications shall inform the person so
applying: “Any person so licensed by the
secretary of state may do business as a hawker or peddler in any municipality
in this state, provided the licensee complies with all local ordinances,
by-laws, and regulations which may include a state and federal criminal
background check.”
2 Hawkers, Peddlers and Vendors. RSA 31:102-a is repealed and reenacted to read as follows:
31:102-a Hawkers, Peddlers and Vendors.
I. All hawkers, peddlers, and vendors
licensed by the secretary of state pursuant to RSA 320:8 shall submit to
the municipality where the hawker, peddler, or vendor seeks to transact
business, a New Hampshire department of safety, division of state police,
notarized criminal record release authorization form which authorizes the
release of his or her criminal history record, if any, to the municipality. The applicant shall also include the location
of all municipalities in which the hawker, peddler, or vendor seeks to transact
business. Such municipalities shall have
access to the results of the criminal history record check and the
(a) The municipality may request that an applicant submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be taken when necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the municipality may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 10 years. If the municipality has reason to suspect an applicant of serious wrongdoing, the municipality may submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the local law enforcement agency of the municipality which shall maintain the confidentiality of all criminal history records information received pursuant to this section. The municipality may charge a fee to recover the costs of such investigation.
(b) The local law enforcement agency of a municipality in possession of the criminal convictions records of an applicant shall maintain the confidentiality of all criminal history records information received pursuant to this section.
II. The governing board of a municipality may adopt, by ordinance or regulation, provisions for the licensure and regulation of itinerant vendors, hawkers, peddlers, traders, farmers, merchants, or other persons who sell, offer to sell, or take orders for merchandise from temporary or transient sales locations within a town or who go from town to town or place to place within a town for such purposes. Any person who violates any provision of such ordinance or regulation shall be guilty of a class B misdemeanor, and each continuing day of violation after notice shall constitute a separate offense. A municipality shall be specifically prohibited, however, from licensing or regulating a candidate for public office in the process of obtaining signatures on nomination papers, who seeks to have the candidate’s name placed on the ballot for the state general election by submitting nomination papers under RSA 655:40. Provisions adopted under this section shall be in addition to any requirements imposed by the state under either RSA 320 or RSA 321 and may include, but shall not be limited to:
(a) Classification of licensees consistent with constitutional requirements of equal protection;
(b) Imposition of reasonable requirements, including fees, for the issuance of a license;
(c) Restrictions as to the areas of the municipality open to licensees and the hours and days of their operation; and
(d) Other reasonable conditions and terms deemed necessary for public convenience and safety as the governing board of the municipality, in conjunction with the local law enforcement agency determines including the denial of such license or application based on the results of the criminal background check as described in this section.
3 Effective Date. This act shall take effect 60 days after its passage.
Energy, Environment and Economic Development
May 6, 2010
2010-1952s
06/05
Amendment to HB 1270
Amend the title of the bill by replacing it with the following:
AN ACT relative to balancing amounts expended from the renewable energy fund.
Amend the bill by replacing all after the enacting clause with the following:
1 Renewable Energy Fund. Amend RSA 362-F:10, VI to read as follows:
VI. Such payments shall be allocated from the renewable energy fund established in paragraph I, as determined by the commission to the extent funding is available up to a maximum aggregate payment of 40 percent of the fund over each 2-year period commencing July 1, 2010.
2 Renewable Energy Fund. Amend RSA 362-F:10, VIII to read as follows:
VIII. The
commission may, after notice and hearing, by order or rule, establish
additional incentive or rebate programs and competitive grant opportunities for
[customer-sited thermal and]
renewable [energy] thermal and electric energy projects sited
in New Hampshire.
3 Renewable Energy Fund. RSA 362-F:10, IX is repealed and reenacted to read as follows:
IX. For good cause the commission may, after notice and hearing, by order or rule, modify the program, including reducing the incentive level, created under RSA 326-F:10, V.
4 New Paragraphs; Renewable Energy Fund. Amend RSA 362-F:10 by inserting after paragraph IX the following new paragraphs:
X. Consistent with RSA 362-F:10, VI, the commission shall, over each 2-year period commencing July 1, 2010, reasonably balance overall amounts expended from the fund, net of administrative expenditures, between residential and nonresidential sectors. Funds from the renewable energy fund awarded to renewable projects in the residential sector shall be in approximate proportion to the amount of electricity sold at retail to that sector in New Hampshire, and the remaining funds from the renewable energy fund shall be awarded to projects in the nonresidential sector which include commercial and industrial sited renewable energy projects, existing generators, and developers of new commercial-scale renewable generation in New Hampshire.
XI. The commission shall issue requests for proposals that provide renewable projects in the nonresidential sector, which include commercial and industrial sited renewable energy projects, existing generators, and developers of new commercial-scale renewable generation in New Hampshire, with opportunities to receive funds from the renewable energy fund established under RSA 362-F:10. The requests for proposals shall provide such opportunities to those renewable energy projects that are not eligible to participate in incentive and rebate programs developed by the commission under RSA 362-F:10, V and RSA 362-F:10, VIII. The commission shall issue a request for proposals no later than March 1, 2011 and annually thereafter, and select winning projects in a timely manner.
5 Effective Date. This act shall take effect upon its passage.
2010-1952s
AMENDED ANALYSIS
This bill requires the public utilities commission to balance amounts expended from the renewable energy fund between residential and nonresidential sectors.
Senate Judiciary
May 6, 2010
2010-1934s
04/09
Amendment to HB 1318
Amend the title of the bill by replacing it with the following:
AN ACT relative to post-conviction DNA testing, eligibility for victim’s compensation for a victim of a crime in which a petition for post-conviction DNA testing was filed, and relative to victim services while the court is considering post-conviction DNA testing.
Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 7:
2 Post-Conviction DNA Testing of Biological Material. Amend RSA 651-D:2, I(a) to read as follows:
(a) Explain why the identity of the petitioner was or should have been a significant issue during court proceedings notwithstanding the fact that the petitioner may have pled guilty or nolo contendere, or made or is alleged to have made an incriminating statement or admission as to identity.
3 Post-Conviction DNA Testing of Biological Material. Amend RSA 651-D:2, IV(c) to read as follows:
(c)
Designate the
4 New Subparagraph; Rights of Crime Victims. Amend RSA 21-M:8-k, II by inserting after subparagraph (v) the following new subparagraph:
(w) The right to be informed of the filing of a petition for post-conviction DNA testing under RSA 651-D.
5 New Paragraph; Claimant Eligibility and Compensation. Amend RSA 21-M:8-h by inserting after paragraph VII the following new paragraph:
VIII. Notwithstanding paragraph II, any person who was a victim of a crime for which the person convicted of the crime has filed a petition for post-conviction DNA testing under RSA 651-D shall be eligible for victim’s compensation regardless of the date of the crime. Compensation under this paragraph shall be limited to qualified expenses incurred after the post-conviction DNA testing petition is filed.
6 Repeal. RSA 651-D:2, IV(d), relative to designation of an alternate laboratory for DNA testing, is repealed.
2010-1934s
AMENDED ANALYSIS
This bill:
I. Makes victim services available, upon request, to a victim of the crime being reinvestigated while the court is considering post-conviction DNA testing.
II. Amends the post-conviction DNA testing statute provisions concerning the designation of the testing laboratory and victim services.
III. Permits any person who was a victim of a crime for which the person convicted of the crime has filed a petition for post-conviction DNA testing to be eligible for victim’s compensation regardless of the date of the crime.
Commerce, Labor and Consumer Protection
May 6, 2010
2010-1967s
04/03
Amendment to HB 1368
Amend the title of the bill by replacing it with the following:
AN ACT relative to the definition of “employee” for workers’
compensation purposes and relative to the
Amend the bill by replacing all after section 1 with the following:
2 New Subparagraph; Employment; New Hampshire Return to Work Program. Amend RSA 282-A:9, IV by inserting after subparagraph (w) the following new subparagraph:
(x)
Participation in the
3 New Section; Return to Work Program Participants; Workers’ Compensation Eligibility. Amend RSA 282-A by inserting after section 26 the following new section:
282-A:26-a Return to Work Program Participants; Workers’ Compensation Eligibility.
I. A participant in the department of employment security’s return to work program shall be entitled to certain benefits under RSA 281-A. In the event that it is determined that a return to work program participant has been subject to an injury or occupational disease producing a disability arising out of and in the course of participation in the return to work program, the department of employment security shall not provide compensation pursuant to RSA 281-A:28, 281-A:28-a, 281-A:31, and 281-A:31-a, but the participant shall receive unemployment compensation benefits while otherwise eligible under RSA 282-A, or compensation equivalent to 90 percent of those benefits if the disability causes the participant to become ineligible for benefits under RSA 282-A. When determining the amount of compensation provided pursuant to RSA 281-A:32 for a scheduled permanent impairment award, the amount of compensation shall be calculated by using the minimum wage at the time of injury multiplied by the average number of hours in training per week.
II. For a participant in the return to work program, RSA 281-A:8, I and II shall not apply and the following provisions shall apply:
(a) A participant in the return to work program shall be conclusively presumed to have accepted the provisions of this chapter and, on behalf of the participant or the participant’s personal or legal representatives, to have waived all rights of action whether at common law or by statute or provided under the laws of any other state or otherwise:
(1) Against the employer/training partner, or the employer/training partner’s insurance carrier, or an association or group providing self-insurance to a number of employers, or the department and the return to work program; and
(2) Except for intentional torts, against any officer, director, agent, servant, or employee acting on behalf of the entities named in subparagraph (a)(1).
(b) The spouse of a return to work program participant entitled to benefits under this chapter, or any other person who might otherwise be entitled to recover damages on account of the participant’s personal injury or death, shall have no direct action, either at common law or by statute or otherwise, to recover for such damages against any person identified in this paragraph.
III. The department of employment security may provide this benefit by appropriate means including purchasing and serving as the master policyholder for any insurance, by self-insurance, or by administrative services contract.
IV. Except as otherwise provided in this section, all other provisions of RSA 281-A shall apply.
4 Effective Date. This act shall take effect January 1, 2011.
2010-1967s
AMENDED ANALYSIS
This bill clarifies the evidence required to establish the relationship between the employer and the person providing services under the workers’ compensation law. The bill also provides that participants in the department of employment security’s return to work program shall be entitled to certain unemployment compensation benefits.
Senate Judiciary
May 4, 2010
2010-1888s
04/09
Amendment to HB 1372
Amend section 2 of the bill by replacing paragraph I with the following:
I. The committee shall consist of 5 members of the house of representatives, one of whom shall be from the criminal justice and public safety committee, appointed by the speaker of the house of representatives.
Senate Judiciary
May 4, 2010
2010-1889s
04/09
Amendment to HB 1373
Amend section 2 of the bill by replacing paragraph I with the following:
I. The committee shall consist of 5 members of the house of representatives, appointed by the speaker of the house of representatives.
Energy, Environment and Economic Development
May 6, 2010
2010-1950s
09/04
Amendment to HB 1377
Amend RSA 374:61 as inserted by section 1 of the bill by replacing it with the following:
374:61 Renewable Energy and Energy Efficiency Project Loan Programs. A public utility may seek commission authorization, either individually or in combination with other public utilities, to establish loan, financing, or cost amortization programs for owners and tenants of residential, public, nonprofit, and business property to finance or otherwise amortize cost effective fuel neutral renewable energy and energy efficiency investments and improvements to the owner’s or tenant’s premises. The total amount loaned in such programs shall not exceed $5,000,000. The commission shall authorize terms, conditions, and tariffs for the repayment of such loans and financed or underwritten investments and improvements through charges billed through and that run with the meter or meters assigned to the location where the investments are located, provided that such investments or improvements to a tenant’s premises are only made with the written consent of the owner or the owner’s authorized management representative. Pursuant to RSA 477:4-h, the owner, seller, lessor, or transferor of any real property subject to unamortized or ongoing charges under such a tariff shall disclose such fact to a prospective buyer, lessee, or occupant who might be responsible for paying such charges as a condition of utility service. A public utility may not finance these loan, financing, or cost amortization programs through its rate base, nor earn its regulated rate of return on such program investments and improvements to the owner’s or tenant’s premises, unless such investment is approved as part of a strategy for minimizing transmission and distributions costs pursuant to RSA 374-G.
Amend the bill by replacing all after section 2 with the following:
3 Committee Established. There is established a committee to study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses.
4 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) One member 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 of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
5 Duties. The committee shall study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses. The committee shall consider:
I. Allowing
II. The use of more modern billing and tracking systems such as the “feed-in tariff” approach, rather than the current “net metering” billing, metering, and tracking system.
III. Providing greater transparency in the billing and information exchange between a utility and its retail customers who have installed renewable generation on their premises.
IV. Ensuring that the regulated distribution charges are properly and fairly applied to all electric customers.
6 Chairperson. 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 senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section.
7 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2010.
8 Effective Date.
I. Sections 3-7 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.
2010-1950s
AMENDED ANALYSIS
This bill permits utilities to establish loan programs for owners of residential and business property engaging in renewable energy and energy efficiency projects.
This bill also establishes a committee to study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses.
Senate Judiciary
May 6, 2010
2010-1933s
01/05
Amendment to HB 1398
Amend RSA 560:22 as inserted by section 1 of the bill by replacing it with the following:
560:22 Medical Records of Deceased Spouse. Notwithstanding any provision of law to the contrary and upon proof of the requestor’s identity as the spouse of the deceased, the surviving spouse shall have access to the information contained in the medical records of his or her deceased spouse where there is no estate administration, unless the medical records indicate that the deceased spouse has indicated that the surviving spouse not have access to those records. A health care provider, as defined in RSA 332-I:1, II(b), shall not be required to initiate a conversation with a patient on the subject of access to the information in a medical record by a surviving spouse.
Senate Executive Departments and Administration
May 4, 2010
2010-1887s
10/05
Amendment to HB 1404
Amend RSA 331-A:20, V(f) as inserted by section 7 of the bill by replacing it with the following:
(f) Engaging in conduct which demonstrates incompetence.
Amend RSA 331-A:20, V(k) as inserted by section 7 of the bill by replacing it with the following:
(k) Demonstrating unprofessional conduct as defined by RSA 331-A:2, XV, or, when presenting a course to licensees or potential licensees, engaging in inappropriate conduct.
Senate Education
May 4, 2010
2010-1860s
04/09
Amendment to HB 1411
Amend RSA 189:14-h as inserted by section 1 of the bill by replacing it with the following:
189:14-h Notice to
Education Support Personnel and Non-Certified
Senate Judiciary
May 6, 2010
2010-1935s
04/09
Amendment to HB 1436
Amend the title of the bill by replacing it with the following:
AN ACT requiring a report to the general court on
Amend the bill by replacing all after section 1 with the following:
2 New Subdivision; Legislative Security. Amend RSA 14 by inserting after section 49 the following new subdivision:
14:50 Legislative Security; Authority.
I. The sworn members of the legislative security staff while on official duty shall have the authority of an ex officio constable including the power to detain persons who are creating a disturbance or who they have reasonable grounds to believe have committed any offense under the laws of the state, for as long as necessary to surrender the person to a state trooper, deputy sheriff, or local police officer having jurisdiction, provided such detention is accomplished in a reasonable manner.
II. When in the performance of their duties legislative security staff members shall be entitled to the same indemnification of state officers and officials as provided in RSA 99-D:2.
III. The legislative security staff shall be considered a law enforcement agency for purposes of receiving and exchanging criminal justice information and motor vehicle registration information with the department of safety and other law enforcement agencies.
IV. Legislative security staff members shall not be required to meet the training and certification requirements of RSA 188-F:27 but may attend and participate in training programs at the police standards and training council and upon successfully completing such programs shall receive the same academic credits or certifications as other peace officers attending such programs.
V. Legislative security staff members who were certified police officers prior to appointment to the legislative security staff may retain or regain their police certification while serving as sworn members of the legislative security staff upon completing such continuing education requirements as the police standards and training council may require.
3 Effective Date.
I. Section 1 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
2010-1935s
AMENDED ANALYSIS
This bill requires a report to the general court describing the
requirements for
Commerce, Labor and Consumer Protection
May 6, 2010
2010-1957s
08/10
Amendment to HB 1459
Amend the title of the bill by replacing it with the following:
AN ACT relative to the board of trust company incorporation and relative to political advertising and advocacy advertising.
Amend RSA 386-A:4, I as inserted by section 8 of the bill by replacing it with the following:
I. A petition requesting approval of the
proposed incorporation shall be filed with the bank commissioner. The petition shall be upon such form as may
be prescribed by the bank commissioner and shall contain all the information
required by such form, signed and verified under oath by the incorporators, to
which shall be annexed a signed duplicate of the articles of agreement. An examination fee of $1,500 shall be paid
when the petition is filed. Sums
collected under this section shall be payable to the state treasurer as
restricted revenue and credited to the appropriation for the bank commissioner. The bank commissioner shall examine and
investigate
each petition [and if he finds that it is duly completed, he shall
forthwith refer the petition to the board of trust company incorporation. The bank commissioner shall then make such
investigation of each petition] as he or she considers expedient[, for
the purpose of more fully informing the board.
Said board]. The
commissioner may, upon request of any interested person or corporation
or at [its] his or her own discretion, order a public hearing, or may
approve said petition without a hearing.
The petitioners shall cause to be published such notices relating to the
petition as the [board] commissioner may order.
Amend RSA 390:6 as inserted by section 25 of the bill by replacing it with the following:
390:6 Reserves. Every such corporation shall at all times maintain
as a reserve an amount equal to at least 12 percent of the aggregate amount of
its demand deposits plus an amount equal to at least 5 percent of the aggregate
amount of its time and savings deposits.
Not less than 100 percent of the reserves on demand deposits shall
consist of cash and due from banks, and/or federal funds advanced from one
business day until the next. The form of
the reserve for time and savings deposits may be in any of the following: cash and
due from banks, and/or federal funds advanced from one business day until the
next, and/or obligations of the United States of America, the maturity of which
shall not exceed 5 years, and/or the obligations of agencies of the United
States at par value, the maturity of which shall not exceed 5 years, and/or the
obligations of any federal government sponsored enterprises (as are designated
by written ruling of the bank commissioner), at par value the maturity of which
shall not exceed 5 years. The [board
of trust company incorporation created under RSA 392] commissioner may vary the
amount of reserve required, provided, however, that [said board] the
commissioner shall not increase the amount of reserves required for any
bank to an amount in excess of that which is required by the Federal Reserve
System of similar banks located in this state which are members of the Federal
Reserve System. No new loan or
investment shall be made by such corporation when its reserve is not in
accordance with the requirements of this section. The required reserve must be maintained on a
daily basis. The method of computation
and the reserve computation period for determining compliance with this section
shall be established by the commissioner.
Any deficiency in the reserve established pursuant to this section may
be subject to a penalty of up to $100 per day.
Amend section 29 of the bill by replacing it with the following:
29 Hearing. Amend RSA 392:6-a to read as follows:
392:6-a Hearing. The [board] commissioner may order
within [its] his or her discretion a public hearing on the petition. The [board] commissioner may approve
or deny the petition with or without a public hearing. Any required public hearing shall be held at
the time and place fixed by the [board] commissioner and a notice
shall be published in accordance with the provisions of RSA 392:6. The [board] commissioner may
prescribe reasonable procedural rules to govern the proceedings, including
rules for maintaining the confidentiality of the portions of the petition, the
commissioner’s investigation, and the proceedings of the [board] commissioner
that include confidential information or are determined by [the board or]
the commissioner or otherwise determined by law to be confidential or to exempt
a certain class of petitions from any public hearing requirement. The [board] commissioner shall keep a
permanent verbatim record of all such evidence.
Amend the bill by inserting after section 47 the following and renumbering the original sections 48-49 to read as 52-53, respectively:
48 New Subdivision; Shareholder Approval for Political and Advocacy Advertising. Amend RSA 293‑A by inserting after section 7.47 the following new subdivision:
Shareholder Approval for Political and Advocacy Advertising
293-A:7.48 Political Advertising and Advocacy Advertising. In this subdivision:
(a) “Advocacy advertising” shall mean any communication:
(1) Advocating in favor or against any New Hampshire statute, legislation that is the subject of a bill pending before the New Hampshire legislature, or any bill or resolution introduced in the most recent session of the New Hampshire legislature, or any matter that is the subject of a referendum which is submitted or intended to be submitted to a vote in a municipal election; or
(2) That
clearly identifies by name, image or voice a current holder of any elective
office in
(b) “Candidate” means any person who has registered or for whom a committee has been registered pursuant to RSA 664:3 for the purpose of soliciting receipts or making expenditures to support the person’s candidacy or possible candidacy for office including candidate’s committees, friends committees, exploratory committees, and draft committees.
(c) “Commencement of political advertising and/or advocacy advertising” means the first dissemination by an organization of a communication containing political advertisement or advocacy advertisement by any means whatsoever.
(d) “Communication” means “communication” as defined in RSA 664:2, VII.
(e) “Political advertising” means “political advertising” as defined in RSA 664:2, VI.
293-A:7.49 Filing with
New Hampshire Secretary of State. Prior
to commencing any political advertising or advocacy advertising, any corporation,
domestic or foreign, intending to engage in political advertising or advocacy
advertising in the state of New Hampshire, shall file a statement with the New
Hampshire secretary of state, corporate division, that the corporation intends
to engage in either political advertising or advocacy advertising. The corporation shall file the statement with
the secretary of state, corporate division, at least 5 days before the date of
commencement of political advertising and/or advocacy advertising. The corporation shall attach to the statement
a vote of the shareholders of the corporation, certified as true and complete
by the secretary of the corporation, authorizing the corporation to engage in
political advertising or advocacy advertising in the state of
______________________, of
__________________________,
□ Political Advertising
□ Advocacy Advertising
in the state of
____________________________________
[Duly Authorized Secretary of __________]
293-A:7.50 Filing Fee. Any statement filed in accordance with RSA 293-A:7.49 shall be accompanied by a $25 filing fee.
293-A:7.51 Penalties. A violation of RSA 293-A:7.49 shall result in a civil penalty of $5,000 per violation. Each individual airing or broadcasting on radio or television or by on-line viewing of a political advertising or an advocacy advertisement by a corporation that has failed to comply with RSA 293-A:7.49 shall constitute a separate violation. Any candidate or voter may make a complaint in writing to the attorney general of any violation of this subdivision. If the attorney general determines that a provision of this subdivision has been violated, he or she may:
(a) Issue an order requiring the violator to cease and desist from its violation.
(b) If the attorney general’s order is not obeyed, petition to the superior court of the county in which the violation occurred for an order of enforcement, and to enjoin any further political advertising or advocacy advertising until the appropriate statement has been filed.
(c) Prosecute to final judgment through his or her designee if sufficient cause for such prosecution is found.
293-A:7.52 Private Right of Action. Any candidate or voter may have a private right of action to enforce the provisions of this subdivision by filing a petition with the Merrimack County superior court requesting an order of enforcement or an injunction to enjoin further political advertising or advocacy advertising until the required statements have been filed with the secretary of state, corporate division, and the appropriate filing fee and civil penalties have been paid. Upon a finding by the superior court that the required statements have not been filed, and the ordering of any enforcement or injunctive relief, the complaining candidate or voter shall be entitled to his or her attorney’s fees and costs.
49 New Subdivision; Approval for Political and Advocacy Advertising. Amend RSA 304-C by inserting after section 85 the following new subdivision:
Political Advertising and Advocacy Advertising
304-C:86 Political Advertising and Advocacy Advertising. In this subdivision:
(a) Referencing any New Hampshire statute, legislation pending before the New Hampshire legislature, or any matter that is the subject of a referendum which is submitted or intended to be submitted to a vote in a municipal election; or
(b) That
clearly identifies a current holder of any elective office in
II. “Candidate” means any person who has established a committee pursuant to RSA 664 for the purpose of soliciting receipts or making expenditures.
III. “Commencement of political advertising and/or advocacy advertising” means the first dissemination by an organization of a communication containing political advertisement or advocacy advertisement by any means whatsoever.
IV. “Communication” means “communication” as defined in RSA 664:2, VII.
V. “Political advertising” means “political advertising” as defined in RSA 664:2, VI.
304-C:87 Filing with New Hampshire Secretary of State. Prior to commencing any political advertising or advocacy advertising, any limited liability company, domestic or foreign, intending to engage in political advertising or advocacy advertising in the state of New Hampshire, shall file a statement with the New Hampshire secretary of state, corporate division, that the limited liability company intends to engage in either political advertising or advocacy advertising. The limited liability company shall file the statement with the secretary of state, corporate division, at least 5 days before the commencement of political advertising or advocacy advertising. The limited liability company shall attach to the statement a vote of the members of the limited liability company, certified as true and complete by the manager of the limited liability company, or, if member managed, by a member of the limited liability company, authorizing the limited liability company to engage in political advertising or advocacy advertising in the state of New Hampshire. The vote shall also authorize the manager or managers of the limited liability company to use company funds or other company assets for the purpose of paying for political advertising or advocacy advertising in the state of New Hampshire, and shall specify the maximum amount of company funds or other assets that the manager or managers are authorized to use in paying for political advertising or advocacy advertising. The member vote shall be dated no more than 12 months prior to the date of filing with the secretary of state. The statement shall be in substance the following form:
______________________, of
__________________________,
□ Political Advertising
□ Advocacy Advertising
in the state of
____________________________________
[Duly Authorized _______of ___________]
304-C:88 Filing Fee. Any statement filed in accordance with RSA 304-C:87 shall be accompanied by a $25 filing fee.
304-C:89 Penalties. A violation of this subdivision shall result in a civil penalty of $5,000 per violation. Each individual airing or broadcasting on radio or television or by on-line viewing of a political advertising or an advocacy advertisement by a limited liability company that has failed to comply with this subdivision shall constitute a separate violation. Any candidate or voter may make complaint in writing to the attorney general of any violation of this subdivision. If the attorney general determines that a provision of this chapter has been violated, he or she may:
I. Issue an order requiring the violator to cease and desist from its violation.
II. If the attorney general’s order is not obeyed, petition to the superior court of the county in which the violation occurred for an order of enforcement, and to enjoin any further political advertising or advocacy advertising until the appropriate statement has been filed.
III. Prosecute to final judgment through his or her designee if sufficient cause for such prosecution is found.
304-C:90 Private Right of Action. Any candidate or voter may have a private right of action to enforce the provisions of this subdivision by filing a petition with the Merrimack county superior court requesting an order of enforcement or an injunction to enjoin further political advertising or advocacy advertising until the required statements have been filed with the secretary of state and the appropriate filing fee and civil penalties have been paid. Upon a finding by the superior court that the required statements have not been filed, and the ordering of any enforcement or injunctive relief, the complaining candidate or voter shall be entitled to his or her attorney’s fees and costs.
50 Political Advertising and Advocacy Advertising. Amend RSA 304-B by inserting after section 64 the following new subdivision:
Political Advertising and Advocacy Advertising
304-B:65 Political Advertising And Advocacy Advertising. As used in this subdivision:
(a) Referencing any New Hampshire statute, legislation pending before the New Hampshire legislature, or any matter that is the subject of a referendum which is submitted or intended to be submitted to a vote in a municipal election; or
(b) That
clearly identifies a current holder of any elective office in
II. “Candidate” means any person who has established a committee pursuant to RSA 664 for the purpose of soliciting receipts or making expenditures.
III. “Commencement of political advertising and/or advocacy advertising” shall mean the first dissemination by an organization of a communication containing political advertisement or advocacy advertisement by any means whatsoever.
IV. “Communication” means “communication” as defined in RSA 664:2, VII.
V. “Political advertising” means “political advertising” as defined in RSA 664:2, VI.
304-B:66 Filing with New Hampshire Secretary of
State. Prior to commencing any political
advertising or advocacy advertising, any limited partnership, domestic or
foreign, intending to engage in political advertising or advocacy advertising
in the state of New Hampshire, shall file a statement with the New Hampshire secretary
of state, corporate division, that the limited partnership intends to engage in
either political advertising or advocacy advertising. The limited partnership shall file the
statement with the secretary of state, corporate division, at least 5 days
before the commencement of political advertising or advocacy advertising. The limited partnership shall attach to the statement
a vote of the limited and general partners of the limited partnership,
certified as true and complete by one of the general partners of the limited
partnership, authorizing the limited partnership to engage in political
advertising or advocacy advertising in the state of
______________________, of
__________________________,
□ Political Advertising
□ Advocacy Advertising
in the state of
____________________________________
[Duly Authorized General partner
of _________________________________]
304-B:67 Filing Fee. Any statement filed in accordance with RSA 304-B:66 shall be accompanied by a $25 filing fee.
304-B:68 Penalties. A violation of this subdivision shall result in a civil penalty of $5,000 per violation. Any candidate or voter may make complaint in writing to the attorney general of any violation of this subdivision. If the attorney general determines that a provision of this subdivision has been violated, he or she may:
I. Issue an order requiring the violator to cease and desist from its violation.
II. If the attorney general’s order is not obeyed, petition to the superior court of the county in which the violation occurred for an order of enforcement, and to enjoin any further political advertising or advocacy advertising until the appropriate statement has been filed.
III. Prosecute to final judgment through his or her designee if sufficient cause for such prosecution is found.
304-B:69 Private Right of Action. Any candidate or voter may have a private right of action to enforce the provisions of this subdivision by filing a petition with the Merrimack county superior court requesting an order of enforcement or an injunction to enjoin further political advertising or advocacy advertising until the required statements have been filed with the secretary of state, corporate division, and the appropriate filing fee and civil penalties have been paid. Upon a finding by the superior court that the required statements have not been filed, and the ordering of any enforcement or injunctive relief, the complaining candidate or voter shall be entitled to his or her attorney’s fees and costs.
51 Severability. If any provision of this act or the application thereof to any person or circumstances held invalid, the invalidity does not affect any other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.
2010-1957s
AMENDED ANALYSIS
This bill reallocates the duties of the board of trust company incorporation to the banking commissioner.
This bill also requires the filing of a statement with the secretary of state before a corporation, limited liability company, or limited partnership engages in political advertising or advocacy advertising in this state.
Public and Municipal Affairs
May 4, 2010
2010-1877s
08/03
Amendment to HB 1461
Amend the title of the bill by replacing it with the following:
AN ACT relative to the municipal regulation of the display of martial arts weapons.
Amend the bill by replacing all after the enacting clause with the following:
1 New Subparagraph; Display of Martial Arts Weapons. Amend RSA 31:39, I by inserting after subparagraph (o) the following new subparagraph:
(p) Regulating the point of sale display and accessibility of martial arts weapons as defined in RSA 159:24 and other deadly weapons as defined in RSA 625:11, V, excluding firearms.
2 Effective Date. This act shall take effect upon its passage.
2010-1877s
AMENDED ANALYSIS
This bill enables municipalities to regulate the point of sale display and accessibility of martial arts weapons and other weaponry excluding firearms.
Energy, Environment and Economic Development
May 6, 2010
2010-1948s
06/03
Amendment to HB 1462
Amend the title of the bill by replacing it with the following:
AN ACT establishing a shoreland advisory council.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Shoreland Advisory Council Established Amend RSA 483-B by inserting after section 20 the following new section:
483-B:21 Shoreland
Advisory Council. There is established a
shoreland advisory council appointed by the governor and council. All members shall be
I. The advisory council shall include:
(a) Five representatives who own property within the protected shoreland nominated by the governor. There shall be one representative for lakes greater than 1,000 acres, one representative for lakes less than 1,000 acres, one representative for rivers designated under RSA 483, one representative for rivers greater than fourth order, and one representative for tidal areas.
(b) A planning board representative nominated by the New Hampshire Municipal Association.
(c) A representative of the New Hampshire Association of Natural Resource Scientists chosen from a list of 3 nominees.
(d) A representative of the Granite State Designers and Installers chosen from a list of 3 nominees.
(e) A representative of the New Hampshire Lakes Association chosen from a list of 3 nominees.
(f) A representative of the New Hampshire Rivers Council chosen from a list of three nominees.
(g) A representative of the New Hampshire Association of Realtors chosen from a list of 3 nominees.
(h) Two representatives of the protected shoreland. These property owners shall be chosen from a list of 4 nominees submitted by the commissioner of the department of environmental services.
(i) A representative of the New Hampshire Home Builders and Remodelers Association chosen from a list of 3 nominees.
(j) A representative of the Granite State Landscape Architects chosen from a list of 3 nominees.
(k) A representative from the department of environmental services who shall serve as a nonvoting member of the council.
(l) A representative who is a marine contractor or dock builder from a list of 2 nominees provided by the New Hampshire Marine Trades Association.
II. The council shall solicit information from other state agencies on an as needed basis.
III. The members shall serve for 3 years and may be reappointed to a second 3-year term.
IV. Any vacancy shall be filled in the same manner as the original appointment. Members may hold office until their successors are appointed and confirmed.
V. The representative of the department of environmental services shall call the first meeting 90 days after the effective date of this section as long as the majority of appointments have been confirmed. Nine members shall constitute a quorum. At its first meeting the council shall elect a chairperson, vice chairperson, and secretary. Subsequent meetings shall be at the call of the chair, or at the request of 5 or more council members.
(a) The council shall meet a minimum of 4 times per year.
(b) The council secretary shall contact the chairman of the senate energy, environment and economic development committee and the chairman of the house resources, recreation and development committee to post scheduled meetings and public hearing times and places in the legislative calendars.
VI. The council shall consult with and advise the commissioner of the department of environmental services, on a continuing basis, with respect to the policy, programs, goals, and operations of the department as they relate to the impact and implementation of the comprehensive shoreland protection act under this chapter and the regulation of shoreline structures under RSA 482‑A. In order to accomplish these purposes, the council may:
(a) Perform field evaluation of particular situations and issues.
(b) Identify issues that need clarification or modification in the rules and statutes.
(c) Prepare written comment for the commissioner to suggest potential rules changes.
(d) Prepare written comment for the commissioner to suggest statutory changes.
(e) Aid in the design and implementation of outreach strategies and guidance documents.
VII. The commissioner of the department of environmental services shall present all proposed rules relative to shoreline structures under RSA 482-A and protected shoreland under this chapter to the council for consideration and comment prior to filing a notice of proposed rule making under RSA 541-A:6. The council shall present any objections to proposed rules to the commissioner in writing within 30 days. The commissioner shall retain authority to adopt rules pursuant to RSA 483-B:17.
2 Repeal. RSA 483-B:21, relative to the shoreland advisory council, is repealed.
3 Effective Date.
I. Section 2 of this act shall take effect December 31, 2016.
II. The remainder of this act shall take effect upon its passage.
2010-1948s
AMENDED ANALYSIS
This bill establishes a shoreland advisory council.
Election Law and Veterans’ Affairs
May 4, 2010
2010-1845s
03/10
Amendment to HB 1477
Amend the title of the bill by replacing it with the following:
AN ACT relative to checklist information and relative to challenges of voters.
Amend RSA 654:25 as inserted by section 1 of the bill by replacing it with the following:
654:25 Preparing Checklist. The secretary of state shall issue and distribute guidelines for the composition and style of checklists and for the maintenance of data related to checklists by which the supervisors of the checklist shall compile and correct the checklist. Such guidelines shall specify the information which will be maintained and updated by the supervisors. The secretary shall establish standard forms and procedures for the use of the supervisors for the maintenance of such information. The information to be maintained and updated shall include the full name, domicile address, mailing address, and party affiliation, if any, of each voter on the checklist and such other information as the secretary requires. Every checklist used at any election shall contain the full name, domicile address, mailing address, and party affiliation, if any, of each voter on the checklist. The paper checklists used by ballot clerks on election day need not include mailing addresses. The name and address of a voter shall not appear on the checklist at the request of the voter if the voter presents to the supervisors of the checklist a valid protective order pursuant to RSA 173‑B. The name, domicile address, and mailing address, if different, of such a voter shall be maintained on a separate list of voters, which shall be nonpublic and not subject to RSA 91-A. If it is necessary to establish such a nonpublic list, the public checklist shall be marked at the end with a notation of the number of voters whose names are maintained on the nonpublic list.
Amend the bill by replacing all after section 3 with the following:
4 Challenge of Voter; Affidavit. RSA 659:27 is repealed and reenacted to read as follows:
659:27 Challenge of Voter; Affidavit.
I. A voter offering to vote at any state election may be challenged by any other voter registered in the town or ward in which the election is held, an election official, a challenger appointed by a political committee pursuant to RSA 666:4, or a challenger appointed by the attorney general pursuant to RSA 666:5.
II. Upon receipt of a written challenge, the moderator shall determine if the challenge to the ballot is well grounded. If the moderator determines that the challenge is well grounded, the moderator shall not receive the vote of the person so challenged until the person signs and gives to the moderator an affidavit in the following form: I, ______________________, do solemnly swear (or affirm) under penalties of voter fraud, that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), and have a legal domicile therein. If the moderator determines that the challenge is not well grounded, the moderator shall permit the voter to proceed to vote.
III. No voter or appointed challenger shall challenge a person’s qualifications to be a voter at the election day voter registration table.
5 New Section; Asserting a Challenge. Amend RSA 659 by inserting after section 27 the following new section:
659:27-a Asserting a Challenge.
I. No challenge may be asserted except in the form of a signed affidavit, under oath administered by an election official, in the following form:
INFORMATION ON THE PERSON MAKING THE CHALLENGE
Name of Person Making the Challenge:
___________________________________________________________________________________
Last Name First Name Middle Name/Initial
___________________________________________________________________________________
Party affiliation
___________________________________________________________________________________
If person making a challenge is a voter: Physical Address – Street Name & Number
___________________________________________________________________________________
If person is a political party or attorney general appointee: mailing address & phone number
___________________________________________________________________________________
The challenger’s qualifications to assert the challenge
INFORMATION ON THE VOTER BEING CHALLENGED: The person making the challenge shall complete the following:
Name being used by the voter who you wish to challenge:
_________________________________________________________________________________
Last Name First Name Middle Name
GROUNDS FOR THE CHALLENGE: The person making the challenge shall indicate the ground on which the challenge is made (check all grounds that apply).
___ The person seeking to vote is not the individual whose name he or she has given
___ The person seeking to vote has already voted in the election at (name polling place) ____________ at approximately (state time if known) __________
___ The person seeking to vote is disqualified as a voter by conviction of a willful violation of the elections laws (state offense, court, and date of conviction) _______________________________________
___ The person seeking to vote is under 18 years of age
___ The person seeking to vote is not a United States Citizen
___ The person seeking to vote is not domiciled in the town or ward where he or she is seeking to vote (state person’s true domicile —town/city) _____________________________________
___ The person seeking to vote is an incarcerated convicted felon who is currently sentenced to incarceration (state name of institution person is in) _________________________________________
___ This is a primary and the person seeking to vote in the (state political party name) __________ primary is not a declared member of the party he or she claims to be affiliated with
___ The person seeking to vote is ineligible to vote pursuant to the following state or federal statute or constitutional provision: _________________________________________
BASIS FOR THE CHALLENGE: The person making the challenge shall state the specific source of the information or personal knowledge upon which the challenge of the particular individual is based:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
OATH: The person making the challenge shall complete the following:
I hereby swear and affirm, under the penalties of perjury, that to the best of my knowledge and belief the information above is true and correct.
____________________
(Signature of challenger)
On the date shown above, before me, __________ (print name of notary public, justice of the peace, election officer), appeared __________ (print name of person whose signature is being notarized), known to me or satisfactorily proven (circle one) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.
____________________
Notary Public/Justice of the Peace/Official Authorized by RSA 659:30
TO BE COMPLETED BY THE MODERATOR: Ruling on the challenge:
If the ground at issue is age, citizenship, or domicile: The supervisors of the checklist have ruled that the challenged voter is: qualified as a voter; not qualified as a voter.
The moderator rules on challenges based on other grounds. The moderator rules that the challenge is: well grounded; not well grounded. If it is ruled that the voter is not qualified or that the challenge is well grounded, the challenged person may vote only if he or she completes and swears to a challenged votes affidavit.
II. A challenge may be asserted only upon personal knowledge or other basis of probable cause that the challenged voter is ineligible to vote. No challenge may be accepted unless one of the following grounds is asserted and specific facts are offered in support of such grounds:
(a) The person seeking to vote is not the individual whose name he or she has given.
(b) The person seeking to vote has already voted in the election at the time and place specified in the challenge.
(c) The person seeking to vote is disqualified as a voter by conviction of a willful violation of the elections laws, such conviction having been for the offense specified in the challenge.
(d) The person seeking to vote is under 18 years of age.
(e) The
person seeking to vote is not a
(f) The person seeking to vote is not domiciled in the town or ward where he or she is seeking to vote because the person’s true domicile is in the town or city specified in the challenge.
(g) The person seeking to vote is an incarcerated convicted felon who is currently sentenced to incarceration in the institution specified in the challenge.
(h) The person is attempting to vote in a primary and the person is not a declared member of the party with which he or she claims to be affiliated.
(i) The person is ineligible to vote pursuant to some other state or federal statute or constitutional provision specified in the challenge.
6 Absentee Ballots; Announcement by Moderator and Challenges. Amend RSA 659:50 and RSA 659:51 to read as follows:
659:50 Announcement by Moderator. The moderator shall begin processing absentee ballots by clearly announcing that he or she is about to open the envelopes which were delivered to him or her. The moderator shall then remove the affidavit envelope containing the ballots of each absentee voter and shall compare the signature on the affidavit envelope with the signature on the application for the ballot. If:
I. The name of the voter is on the checklist, except for voters provided for in RSA 7:46; and
II. The affidavit on the envelope appears to be properly executed; and
III. The signature on the affidavit appears to be executed by the same person who signed the application; and
IV. The signatures appear to be the signatures of a duly qualified voter who has not voted at the election; then the moderator shall publicly announce the name of the absentee voter, except for voters provided for in RSA 7:46. If these conditions are not met, the moderator shall follow the procedure provided in RSA 659:53.
659:51 Challenges.
I.
All absentee ballots are subject to challenge after the moderator
publicly announces the name of the absentee voter, except for voters provided for
in RSA 7:46, but not after the ballot is removed from the
envelope. [A person who makes a
challenge shall state the reason for the challenge.] No challenge to an absentee ballot may be
asserted except in conformity with the requirements of RSA 659:27-a.
II. If the ballot is challenged, the moderator shall write on the affidavit envelope containing the ballot the word “challenged’’ and the name and address of the person who makes the challenge and the basis of the challenge. The moderator shall also number each challenged envelope consecutively by marking, for example, the first challenged ballot “Challenged Ballot No. 1’’.
III. The moderator shall then determine if the
challenge to the ballot is well grounded.
If the moderator decides the challenge is well grounded, he or
she shall not open the envelope but shall preserve it with the other
ballots cast at the election as provided in RSA 659:101. If the moderator decides that the challenge
is not well grounded, he or she shall open the affidavit
envelope so the affidavit thereon is not destroyed and proceed first to mark on
the reverse of the folded ballot the corresponding challenge number as
previously marked on the envelope. [He]
The
moderator shall then proceed to deposit the ballot as provided in RSA
659:52.
7 Effective Date.
I. Sections 4-6 of this act shall take effect January 1, 2011.
II. The remainder of this act shall take effect 60 days after its passage.
2010-1845s
AMENDED ANALYSIS
This bill modifies requirements relating to voter address information. This bill also establishes additional requirements for challenging voters, including a challenge affidavit.
Public and Municipal Affairs
May 6, 2010
2010-1943s
03/04
Amendment to HB 1486
Amend the bill by replacing section 4 with the following:
4 Municipal Sprinkler Requirements.
I. No municipality or local land use board as defined in RSA 672 shall, prior to July 1, 2011, unless such adoption is earlier authorized by law, adopt or enforce any ordinance, regulation, code, or administrative practice requiring the installation of fire sprinkler systems in any new or existing one- or 2-family dwelling. This section shall not prohibit a duly adopted requirement mandating that fire sprinkler systems be offered to the owners of dwellings for a reasonable fee.
II. The prohibition against adoption and enforcement of municipal fire sprinkler requirements in paragraph I shall not apply to any municipal ordinance or regulation adopted prior to the effective date of this section. Such an ordinance or regulation may be amended to effect corrections consistent with the original scope and intent of the ordinance or regulation.
III. The prohibition against adoption and enforcement of municipal fire sprinkler requirements in paragraph I shall not prevent a planning board from finding that particular subdivision applications are scattered or premature, in accordance with RSA 674:36, II(a), for lack of adequate fire protection. In such cases, applicants may propose, and a planning board may accept, the installation of fire sprinkler systems as a means of addressing the planning board’s findings.
Senate Ways and Means
May 6, 2010
2010-1936s
05/10
Amendment to HB 1490
Amend RSA 21-I:88 as inserted by section 1 of the bill by inserting after paragraph IV the following new paragraph:
V. Be authorized to solicit, accept, and expend grants, gifts, and donations from any public or private source on behalf of the citizens task force.
Public and Municipal Affairs
May 4, 2010
2010-1868s
04/10
Amendment to HB 1497
Amend the bill by replacing section 3 with the following:
3 Contingency. If Concord school district voters approve a ballot question at the November 2011 regular election to adopt a school district charter which includes a procedure to allow the Concord school district to amend the charter without the approval of the legislature and to repeal the existing Concord school district charter established in 1961, 355, as amended by 1983, 123:1, then section 2 of this act shall take effect on the date such ballot question is approved. If the ballot question is not approved, section 2 of this act shall not take effect.
Senate Education
May 4, 2010
2010-1861s
04/10
Amendment to HB 1523
Amend the bill by replacing all after the enacting clause with the following:
1 Pupil Safety and Violence Prevention; Purpose. RSA 193-F:2 is repealed and reenacted to read as follows:
193-F:2 Purpose and Intent.
I. All pupils have the right to attend public schools, including chartered public schools, that are safe, secure, and peaceful environments. One of the legislature’s highest priorities is to protect our children from physical, emotional, and psychological violence by addressing the harm caused by bullying and cyberbullying in our public schools.
II. Bullying in schools has historically included actions shown to be motivated by a pupil’s actual or perceived race, color, religion, national origin, ancestry or ethnicity, sexual orientation, socioeconomic status, age, physical, mental, emotional, or learning disability, gender, gender identity and expression, obesity, or other distinguishing personal characteristics, or based on association with any person identified in any of the above categories.
III. It is the intent of the legislature to protect our children from physical, emotional, and psychological violence by addressing bullying and cyberbullying of any kind in our public schools, for all of the historical reasons set forth in this section, and to prevent the creation of a hostile educational environment.
IV. The sole purpose of this chapter is to protect all children from bullying and cyberbullying, and no other legislative purpose is intended, nor should any other intent be construed from the enactment of this chapter.
2 Pupil Safety and Violence Prevention; Definitions. RSA 193-F:3 through RSA 193-F:5 are repealed and reenacted to read as follows:
193-F:3 Definitions. In this chapter:
I.(a) “Bullying” means a single significant incident or a pattern of incidents involving a written, verbal, or electronic communication, or a physical act or gesture, or any combination thereof, directed at another pupil which:
(1) Physically harms a pupil or damages the pupil’s property;
(2) Causes emotional distress to a pupil;
(3) Interferes with a pupil’s educational opportunities;
(4) Creates a hostile educational environment; or
(5) Substantially disrupts the orderly operation of the school.
(b) “Bullying” shall include actions motivated by an imbalance of power based on a pupil’s actual or perceived personal characteristics, behaviors, or beliefs, or motivated by the pupil’s association with another person and based on the other person’s characteristics, behaviors, or beliefs.
II. “Cyberbullying” means conduct defined in paragraph I of this section undertaken through the use of electronic devices.
III. “Electronic devices” include, but are not limited to, telephones, cellular phones, computers, pagers, electronic mail, instant messaging, text messaging, and websites.
IV. “Perpetrator” means a pupil who engages in bullying or cyberbullying.
V. “School property” means all real property and all physical plant and equipment used for school purposes, including public or private school buses or vans.
VI. “Victim” means a pupil against whom bullying or cyberbullying has been perpetrated.
193-F:4 Pupil Safety and Violence Prevention.
I. Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3:
(a) Occurs on, or is delivered to, school property or a school-sponsored activity or event on or off school property; or
(b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.
II. The school board of each school district and the board of trustees of a chartered public school shall, no later than 6 months after the effective date of this section, adopt a written policy prohibiting bullying and cyberbullying. Such policy shall include the definitions set forth in RSA 193‑F:3. The policy shall contain, at a minimum, the following components:
(a) A statement prohibiting bullying or cyberbullying of a pupil.
(b) A statement prohibiting retaliation or false accusations against a victim, witness, or anyone else who in good faith provides information about an act of bullying or cyberbullying and, at the time a report is made, a process for developing, as needed, a plan to protect pupils from retaliation.
(c) A requirement that all pupils are protected regardless of their status under the law.
(d) A statement that there shall be disciplinary consequences or interventions, or both, for a pupil who commits an act of bullying or cyberbullying, or falsely accuses another of the same as a means of retaliation or reprisal.
(e) A statement indicating how the policy shall be made known to school employees, regular school volunteers, pupils, parents, legal guardians, or employees of a company under contract to a school, school district, or chartered public school. Recommended methods of communication include, but are not limited to, handbooks, websites, newsletters, and workshops.
(f) A procedure for reporting bullying or cyberbullying that identifies all persons to whom a pupil or another person may report bullying or cyberbullying.
(g) A procedure outlining the internal reporting requirements within the school or school district or chartered public school.
(h) A procedure for notification, within 48 hours of the incident report, to the parent or parents or guardian of a victim of bullying or cyberbullying and the parent or parents or guardian of the perpetrator of the bullying or cyberbullying. The content of the notification shall comply with the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g.
(i) A provision that the superintendent or designee may, within the 48-hour period, grant the school principal or designee a waiver from the notification requirement if the superintendent or designee deems such waiver to be in the best interest of the victim or perpetrator. Any such waiver granted shall be in writing. Granting of a waiver shall not negate the school’s responsibility to adhere to the remainder of its approved written policy.
(j) A written procedure for investigation of reports, to be initiated within 5 school days of the reported incident, identifying either the principal or the principal’s designee as the person responsible for the investigation and the manner and time period in which the results of the investigation shall be documented. The superintendent or designee may grant in writing an extension of the time period for the investigation and documentation of reports for up to an additional 7 school days, if necessary. The superintendent or superintendent’s designee shall notify in writing all parties involved of the granting of an extension.
(k) A requirement that the principal or designee develop a response to remediate any substantiated incident of bullying or cyberbullying, including imposing discipline if appropriate, to reduce the risk of future incidents and, where deemed appropriate, to offer assistance to the victim or perpetrator. When indicated, the principal or designee shall recommend a strategy for protecting all pupils from retaliation of any kind.
(l) A requirement that the principal or designee report all substantiated incidents of bullying or cyberbullying to the superintendent or designee.
(m) A written procedure for communication with the parent or parents or guardian of victims and perpetrators regarding the school’s remedies and assistance, within the boundaries of applicable state and federal law. This communication shall occur within 10 school days of completion of the investigation.
(n) Identification, by job title, of school officials responsible for ensuring that the policy is implemented.
III. The department of education may develop a model policy in accordance with the requirements set forth in this chapter which may be used by schools, school districts, and chartered public schools as a basis for adopting a local policy.
IV. A school board or board of trustees of a chartered public school shall, to the greatest extent practicable, involve pupils, parents, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of developing the policy. The policy shall be adopted by all public schools within the school district and, to the extent possible, the policy should be integrated with the school’s curriculum, discipline policies, behavior programs, and other violence prevention efforts.
193-F:5 Training and Assessment.
I. Each school district and chartered public school shall provide:
(a) Training on policies adopted pursuant to this chapter, within 9 months of the effective date of this section and annually thereafter, for school employees, regular school volunteers, or employees of a company under contract to a school, school district, or chartered public school who have significant contact with pupils for the purpose of preventing, identifying, responding to, and reporting incidents of bullying or cyberbullying; and
(b) Educational programs for pupils and parents in preventing, identifying, responding to, and reporting incidents of bullying or cyberbullying. Any such program for pupils shall be written and presented in age appropriate language.
II. The department of education shall provide evidence-based educational programs to support training as required under paragraph I.
III. Nothing in this chapter shall require the inclusion of any specific curriculum, textbook, or other material designed to prevent bullying or cyberbullying in any program or activity conducted by an educational institution. The omission of such subject matter from any curriculum, textbook, or other material in any program or activity conducted by an educational institution shall not constitute a violation of this chapter.
3 New Sections; Pupil Safety and Violence Prevention. Amend RSA 193-F by inserting after section 5 the following new sections:
193-F:6 Reporting.
I. Each school district and chartered public school shall annually report substantiated incidents of bullying or cyberbullying to the department of education. Pursuant to the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, such reports shall not contain any personally identifiable information pertaining to any pupil. The department shall develop a form to facilitate the reporting by school districts and chartered public schools. The department shall maintain records of such reports.
II. The department of education shall prepare an annual report of substantiated incidents of bullying or cyberbullying in the schools. The report shall include the number and types of such incidents in the schools and shall be submitted to the president of the senate, the speaker of the house of representatives, and the chairpersons of the house and senate education committees. The department of education shall assist school districts with recommendations for appropriate actions to address identified problems with pupil safety and violence prevention.
193-F:7 Immunity. A school administrative unit employee, school employee, chartered public school employee, regular school volunteer, pupil, parent, legal guardian, or employee of a company under contract to a school, school district, school administrative unit, or chartered public school, shall be immune from civil liability for good faith conduct arising from or pertaining to the reporting, investigation, findings, recommended response, or implementation of a recommended response under this chapter. The department of education shall be immune from civil liability for its good faith conduct in making recommendations under this chapter.
193-F:8
193-F:9 Private Right of Action Not Permitted. Nothing in this chapter shall supersede or replace existing rights or remedies under any other general or special law, including criminal law, nor shall this chapter create a private right of action for enforcement of this chapter against any school district or chartered public school, or the state.
193-F:10 Public Academies. The provisions of this chapter shall apply to public academies as defined in RSA 194:23.
4 Wiretapping and Eavesdropping; Interception and Disclosure. Amend RSA 570-A:2, II(k)(1) to read as follows:
(k)(1) The
owner or operator of a school bus, as defined in RSA 259:96, to make an audio
recording in conjunction with a video recording of the interior of the school bus
while students are being transported to and from school or school activities,
provided that the school board authorizes audio recording, the school district
provides notification of such recording to the parents and students as part of
the district's pupil safety and violence prevention policy required under [RSA 193‑F:3,
I(b)] RSA 193-F, and there is a sign informing the occupants of such
recording prominently displayed on the school bus.
5 New Section; Safe School Zones; Liability for Reporting. Amend RSA 193-D by inserting after section 8 the following new section:
193-D:9 Liability for Reporting. Any public or private school employee or employee of a company under contract to a school or school district who in good faith has made a report under RSA 193-D shall not be subject to liability for making the report.
6 Effective Date. This act shall take effect July 1, 2010.
Election Law and Veterans’ Affairs
May 4, 2010
2010-1840s
03/01
Amendment to HB 1535-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to absentee voting, special elections, election returns, preservation of ballots, recounts, the ballot law commission, and electronic ballot counting devices.
Amend the bill by replacing all after the enacting clause with the following:
1 Reference Changed. Amend RSA 44:5 to read as follows:
44:5 Voters and
Checklists. Any person having his or her
domicile within the city, qualified to vote as provided in RSA 654:1[-654:2
and 654:4-] through 654:6 and whose name is on the checklist shall be
qualified to vote in city elections. The
supervisors of the checklist shall prepare, post, and revise the checklist for
city elections in the same manner as for a state election as provided in RSA
654:25-654:31.
2 Reference Changed. Amend RSA 652:13 to read as follows:
652:13 Federal Election.
“Federal election” shall mean any state
general, special, or primary election held solely or in part for the purpose of
choosing or nominating any candidates for the offices of president,
vice-president, overseas]
ballot
only voters domiciled outside the United States who are eligible to vote in
federal elections as provided in RSA 657:2, “federal election” shall also
include any presidential primary election.
3 New Sections; Terms and Definitions. Amend RSA 652 by inserting after section 16-a the following new sections:
652:16-b UOCAVA
Voters. “UOCAVA voters” shall mean
absent uniformed services voters, absent voters temporarily residing outside
the
652:16-c Absent
Uniformed Services Voters. “Absent
uniformed services voters” shall mean persons who are absent from the places of
residence in
I. Members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the National Oceanic and Atmospheric Administration, and the commissioned corps of the Public Health Service, and all regular and reserve components thereof, while in active service.
II. Members of the Merchant Marine of the United States, including individuals (other than members of a uniformed service or individuals employed, enrolled, or maintained on the Great Lakes or the inland waterways):
(a) Employed as officers or crew members of vessels documented under the laws of the United States, or of vessels owned by the United States, or of vessels of foreign-flag registry under charter to or control of the United States; or
(b) Enrolled
with the
III. The spouses
or dependents of any member described in paragraph I or II who, by reason of
the active duty or service of the member, is absent from the place of residence
in
652:16-d Accessible Voting System. “Accessible voting system” shall mean the system chosen by the state to meet the accessibility for individuals with disabilities requirements of section 301 of the Help America Vote Act of 2002, 42 U.S.C. section 15481, that has the capacity to print a paper ballot marked with the votes chosen by the voter.
4 New Subdivision; Chief Election Officer. Amend RSA 652 by inserting after section 22 the following new subdivision:
Chief Election Officer
652:23 Chief Election
Officer. The secretary of state shall be
the chief election officer for the state. The secretary of state shall provide
information regarding voter registration procedures and absentee ballot procedures
for all voters, including absent uniformed services voters, absent voters
temporarily residing outside the
5 Uniformed and Overseas Citizens Absentee Voting Act Voters. RSA 654:3 is repealed and reenacted to read as follows:
654:3 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) Voters.
(a) He or
she complies with all other applicable requirements and qualifications of the
state of
(b) He or
she is not registered to vote in any other state or election district of a
state, or in any territory or possession of the
II. Absent voters
temporarily residing outside the
(a) He or
she complies with all other applicable requirements and qualifications of the
state of
(b) He or
she is not domiciled and is not registered to vote in any other state or
election district of a state, or in any territory or possession of the
(c) He or
she has a valid passport or card of identity issued under the authority of the
Secretary of State of the
III. Federal
ballot only voters domiciled outside the
(a) He or
she complies with all other applicable requirements and qualifications of the
state of
(b) He or
she is not domiciled in and is not registered to vote in any other state or
election district of a state, or in any territory or possession of the
(c) He or
she has a valid passport or card of identity issued under the authority of the
Secretary of State of the
6 Reference Changed. Amend RSA 654:19 to read as follows:
654:19 Submission;
Effect. The applicant shall forward the
absentee registration affidavit and the applicant’s voter registration form to
the clerk of the town or city named for submission to the supervisors of the
checklist. If the supervisors find that
the affidavit and the voter registration form are properly executed, they shall
follow the procedure for applications made in person as provided in RSA 654:11,
654:13, and 654:15, except that in the case of an absentee voter they shall
accept an absentee registration affidavit and a registration form. [An affidavit which is properly executed
shall be considered valid and shall be effective for both a primary and a
general election for armed services voters and for absent voters who reside
outside the continental ]
7 Overseas Citizens Voting. Amend the subdivision heading preceding RSA 654:20 to read as follows:
[Overseas Citizens Voting:]
Federal [Elections Only] Post
Card Application Form
8 Federal Post Card Application Form. RSA 654:20 is repealed and reenacted to read as follows:
654:20 Federal Post Card Application Form for UOCAVA Voters. As required by federal law, UOCAVA voters may apply to register to vote and apply for an absentee ballot using the federal official post card form prescribed by 42 U.S.C. section 1973ff(b)(2).
9 Effect. Amend RSA 654:23 to read as follows:
654:23 Effect. Unless the supervisors of the checklist shall
be of the opinion that the federal post card applicant does not
qualify as [an overseas] a UOCAVA voter in the city or town
as provided in RSA 654:3, [domiciled outside the United States,] they
shall, at their next session for the correction of the checklist subsequent to
their receipt of such [affidavit] federal post card application
properly executed, cause his or her name to be added to the checklist [together
with] and, if the applicant is domiciled outside the United States, a
mark or sign clearly indicating that the application has been entered on the
checklist for the purpose of voting in federal elections only. Thereafter, [such] if the person is
domiciled outside the United States, he or she shall be entitled to
vote by [overseas citizens] federal offices only absentee ballot
at both federal primary and general elections. If the supervisors decide not to add the name
of the applicant to the checklist, they shall send notification to the applicant
in writing within 7 days stating the reason for that denial.
10 Vacancy for Office on Party Ticket. Amend RSA 655:37 to read as follows:
655:37 Vacancy for
Office on Party Ticket. If, after the
holding of a state primary election, a vacancy exists for any office on a party
ticket, such vacancy may be filled as provided in this section. The appropriate party committee shall notify
the secretary of state in writing of a person they designate to fill the
vacancy. The person so designated shall,
no later than the [second] first Friday following the primary
election, file with the secretary of state a declaration of candidacy as
provided in RSA 655:17 with the understanding that, where the form says primary
election, it shall be construed to mean general election. If the candidate is designated for the office
of governor, executive councilor, state senator, or state
representative, he or she shall also file, no later than 5:00 p.m. on the [second
Friday] first Friday following the primary, the appropriate affidavit
as provided in RSA 655:29. Any candidate
who has not filed all the forms required by this section within the required
period of time shall not have his or her name printed on the state
general election ballot for that office.
11 Nominations for Special State Elections. Amend RSA 655:81 to read as follows:
655:81 Nomination of U.S. Representative, Executive Councilor, State Senator and Representative to the General Court. The nomination of candidates for the U.S. House of Representatives or for the executive council or for the state senate or for representative to the general court for special elections shall be accomplished through the holding of special election primaries. The filing of candidates for such primaries and all other matters connected with such primaries shall be the same as for primaries before a state general election except that:
I. The special
election shall be held on [the] a Tuesday not less than [80] 131
nor more than [87] 145 days following the day that the
governor and council declare that there shall be a special election; provided,
however, that if one or more municipalities where a special election for state
representative will be held have a regularly-scheduled election occurring
between [80] 131 and 180 days following the day that the governor and
council declare that there shall be a special election, the governor and
council shall set the date of the election to coincide with the
regularly-scheduled election if a majority of the towns or wards, as represented
by the city, jointly request that day; if towns or wards, as represented by the
city, request that the special election coincide with regularly-scheduled
elections occurring on different dates, the election shall be held on [the]
a
Tuesday not less than [80] 131 nor more than [87] 145
days following the day that the governor and council declare that there shall
be a special election; and
II. [The time
limits in RSA 655:14 shall be changed to not more than 43 days nor less than 36
days prior to the primary] The filing period shall start on the Monday
following the date on which the governor and council declare that there shall
be a special election and shall end at 5:00 p.m. on the Friday of that week;
and
III. Under RSA
655:15, the official with whom state representative candidates shall file shall
be the secretary of state, except that a state representative candidate may
file with the appropriate town or city clerk under RSA 655:15 or with the
secretary of state during the [first] Monday and Tuesday only of the
filing period in towns and cities in which the clerk’s office is open on one or
both of those days, in which case the town or city clerk shall forward each
declaration of candidacy to the secretary of state on the same day on which the
declaration is filed; and
IV. The primary
shall be held [34] 63 days prior to the special
election; and
V. Supplementary
primary petitions may be filed as needed [not less than 36 days before the
primary] no later than 5:00 p.m. on the last day of the filing period;
and
VI. The deadline
for filing nomination papers shall be no [more than 34 days prior to the
special election] later than 5:00 p.m. on the day set for the
primary; and
VII. The notice of the primary in RSA 655:11 shall be prepared by the secretary of state and distributed to the town and city clerks as soon as practicable after the setting of the date for the special election; and
VIII. Under RSA 655:12, clerks shall post notices of special election primaries as soon as possible after they are received; and
IX. The names of all candidates for a party nomination at a special election primary shall be printed in alphabetical order on the ballot, and the same ballot listing shall be used at all polling places where the special primary election is held; and
X. The publication of the result provided in RSA 659:89 shall not be required; and
XI. The deadline
for any candidate to request a recount pursuant to RSA 660:7 shall be [3
days from the day of the primary] 5:00 p.m. on the day after the election.
12 Uncontested Primary. Amend RSA 655:82 to read as follows:
655:82 Uncontested
Primary. In the event that no party has
more than one candidate file, the primary election shall not be conducted. [In such a case, the special election shall
be held on the day previously fixed as the day for the holding of the special
primary election. The deadline for
candidates to file nomination papers pursuant to RSA 655:40-45 shall be 32 days
prior to the rescheduled special election date].
13 Questions on the Ballot. Amend RSA 656:13 to read as follows:
656:13 Questions on the Ballot. Except as provided in RSA 656:14, whenever a question is submitted to voters at a state general election as provided in RSA 663, the question shall be printed on the state general election ballot following the offices columns. Printed after the question there shall be 2 squares or ovals, one with the word “yes” beside it and another with the word “no” beside it.
14 Endorsement. Amend RSA 656:17 to read as follows:
656:17 Endorsement. [Upon the back of] On each state general
election ballot shall be printed the words “Official ballot for” followed by
the name of the town for which the ballot is prepared, the date of the state
general election and a facsimile of the signature of the secretary of state.
15 Federal Offices Only Absentee Ballot. Amend RSA 656:34 to read as follows:
656:34 [Official
Overseas Citizens] Federal [Election] Offices Only Absentee
Ballot. Prior to any federal election,
the secretary of state shall prepare, in such quantity as the secretary of
state may deem necessary, [overseas citizens] federal [election] offices
only absentee ballots [as nearly as practicable in the same form as] in
paper and electronic form, similar in form to the official ballot to be
used at said election. Said ballots
shall have the words “[official overseas citizens federal election absentee
ballot] federal offices only absentee ballot” [printed] on them
and shall be [similarly] endorsed and the paper version shall be printed
on paper of the same color as that used for official [absence and disability]
ballots. Such ballots shall provide for
voting absentee only for candidates seeking election to federal offices and for
no other candidates.
16 Absentee Ballot. Amend RSA 656:35 to read as follows:
656:35 [Armed
Services] Absentee Ballot for Uniformed Services Voters and Voters
Temporarily Residing Outside the Prior to any state election,] Absent
uniformed services voters and voters temporarily residing outside the United
States shall be provided with the absentee ballot prepared under RSA 656:33,
provided that the secretary of state shall prepare[, in such
quantity as the secretary of state may deem necessary, armed services absentee
ballots in the same form as the absence and disability absentee ballot to be
used at said election] an electronic version of such ballot for use
by any absent uniformed services voter or voter temporarily residing outside
the United States who requests that his or her absentee ballot be transmitted
to the voter electronically pursuant to RSA 657:19.
17 Questions on the Ballot. Amend RSA 656:36 to read as follows:
656:36 Questions on the
Ballot. Whenever a question to voters is
printed on an official state election ballot, the secretary of state shall
ensure that said question is also [printed on the absence and disability
absentee ballot and on the armed services absentee ballot, except as otherwise
provided] on all applicable absentee ballots.
18 Constitutional Amendments. Amend RSA 656:37 to read as follows:
656:37 Constitutional
Amendments. Whenever a question to
voters related to a proposed constitutional amendment is [printed] placed
on a [special and] separate ballot as provided in RSA 663:3, the
question shall also be [printed] placed on a separate absentee ballot
[of the same color as the ballot used for constitutional questions by
in-person voters, shall] to be included with each [absence
and disability or armed services absentee ballot and shall have printed on it
the words “absentee ballot.”] absentee ballot other than federal offices
only absentee ballots.
19 UOCAVA Voters. Amend RSA 657:2 to read as follows:
657:2 [Overseas] UOCAVA
Voters. Any person who is [registered
as an overseas] eligible to vote as a UOCAVA voter in any city or town [as
provided in RSA 654:20, 654:21, and 654:23] may vote [in federal
elections] absentee as follows:
I.
A person qualified as an absent uniformed
services voter as provided in RSA 654:3 may vote absentee at any state election
in the
II. A
person qualified as provided in RSA 654:3
whose current domicile is in the New Hampshire town or ward where he or
she is registered to vote, but who is temporarily residing outside the
III. A person qualified as provided in RSA 654:3
whose current domicile is outside the
20 Absentee Voting Application Forms. RSA 657:4 is repealed and reenacted to read as follows:
657:4 Forms.
I. Prior to any state election, the secretary of state shall prepare the appropriate application forms for absentee ballots worded in substantially the following form. The secretary of state shall insert the names of all parties qualified as set forth in RSA 652:11 in the list of parties on the application form. The secretary of state shall prepare the application forms in such quantity as he or she deems necessary:
Absence (Excluding Absence
Due to Residence Outside the
Religious Observance, and Disability:
I hereby declare that (check one):
___ I am a duly qualified voter who is currently registered to vote in this town/ward.
___ I am absent from the town/city where I am domiciled and will be until after the next election, or I am unable to register in person due to a disability, and request that the forms necessary for absentee voter registration be sent to me with the absentee ballot.
I will be entitled to vote by absentee ballot because (check one):
___ I plan to be absent on the day of the election from the city, town, or unincorporated place where I am domiciled.
___ I am requesting a ballot for the presidential primary election and I may be absent on the day of the election from the city, town, or unincorporated place where I am domiciled, but the date of the election has not been announced. I understand that I may only make such a request 14 days after the filing period for candidates has closed, and that if I will not be absent on the date of the election I am not eligible to vote by absentee ballot.
___ I cannot appear in public on election day because of observance of a religious commitment.
___ I am unable to vote in person due to a disability.
___ I cannot appear at any time during polling hours at my polling place because an employment obligation requires me to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close.
Any person who votes or attempts to vote using an absentee ballot who is not entitled to vote by absentee ballot shall be guilty of a misdemeanor. RSA 657:24.
I am requesting an official absentee ballot for the following election (check one):
___ Presidential Primary to be held on __________
(MM/DD/YYYY)
(The date may appear as blank when the date is not known.)
___ State Primary to be held on __________
(MM/DD/YYYY)
___ General Election
For primary elections, I am a member of or I am now declaring
my affiliation with the (check one):
___ Republican Party
___ Democratic Party
and am requesting a ballot for that party’s primary.
Please print:
Applicant’s Name:
__________________________________________________
(Last) (First) (Middle) (Sr., Jr., II., III)
Applicant’s Voting Domicile (home address):
__________________________________________________
(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
Mail the ballot to me at this address (if different than the home address):
______________________________
(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
Applicant’s Signature: __________
The applicant must sign this form to receive an absentee ballot.
Date Signed: __________
(MM/DD/YYYY)
II. Any person that publishes, mails, or distributes in any manner any written communication that contains a form or post card which a reasonable person would consider as intended to be used by the recipient of the communication to submit a request for an absentee ballot shall attach a copy of the form prepared by the secretary of state pursuant to paragraph I of this section to the communication or include in the communication a complete facsimile of the form prepared by the secretary of state pursuant to paragraph I of this section. Any person that violates this paragraph shall be subject to a civil penalty not to exceed $1,000, to be imposed in the manner set forth in RSA 659:34, III-V.
III. The federal official post card form shall constitute the form made available by the secretary of state pursuant to RSA 654:20 for absentee ballot applications by UOCAVA voters.
21 Procedure by Applicant. Amend RSA 657:6 to read as follows:
657:6 Procedure by
Applicant. An application form for an
absentee ballot shall be mailed or delivered to any person who applies therefor
to the secretary of state or to any town or city clerk. It shall be filled out by the applicant and
sent to the clerk of the town or city in which he or she desires to vote. Alternatively, a person may apply for an
official absentee ballot by sending to said clerk a written statement
containing the information required by [the appropriate paragraph of]
RSA 657:4, I or by the federal official post card [application]
form.
22 UOCAVA Oath. RSA 657:8 is repealed and reenacted to read as follows:
657:8 UOCAVA Oath. Prior to any state election, the secretary of state shall prepare, in such quantity as he or she deems necessary, affidavit envelopes of sufficient size to contain the ballots and an electronic affidavit containing the following:
UOCAVA Voters
Persons desiring to vote by absentee
ballot who are absent uniformed services voters, absent voters temporarily
residing outside the
Standard Oath
I swear or affirm, under penalty of perjury, that I am:
1. A member of the Uniformed Services or Merchant Marine on active duty; or an eligible spouse or dependent of such a member; or, a U.S. citizen temporarily residing outside the U.S.; or, other U.S. citizen residing outside the U.S.; and
2. I am a
3. I have not been convicted of a felony, or other disqualifying offense, or been adjudicated mentally incompetent, or, if so, my voting rights have been reinstated; and
4. I am not registering, requesting a ballot, or
voting in any other jurisdiction in the
In voting, I have marked and sealed my ballot in private and have not allowed any person to observe the marking of the ballot, except for those authorized to assist voters under state or Federal law. I have not been influenced.
My signature and date below indicate when I completed this document.
The information on this form is true, accurate, and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for conviction of perjury.
Signed:____________________________________ Date:__________________
Month/Day/Year
23 Forwarding Forms. Amend RSA 657:10 to read as follows:
657:10 Forwarding Forms.
The secretary of state shall retain for
his or
her own use so many of the absentee ballots and forms provided for in
RSA 657:7 through [657:9] 657:8 as he or she may deem necessary
and shall supply each town and city clerk in the state with as many of them as
he or
she may deem sufficient. The
same shall be [sent] provided electronically and in
sealed packages [and] which shall be marked on the outside
clearly designating the type and number of ballots enclosed. The secretary of state shall keep a record of
the [time] date when and the manner in which the absentee ballots [and
forms] were sent to said clerks and of the number of ballots so forwarded. [The secretary of state shall forward
overseas citizens federal election ballots to the town or city clerks so as to
be received by them no later than 30 days prior to the date of the federal
election.] Additional absentee
ballots of any type may be obtained as required from the secretary of state
upon written application by a town or city clerk.
24 Write-In Absentee Ballot. RSA 657:10-a is repealed and reenacted to read as follows:
657:10-a Write-in Absentee Ballot. A person entitled to vote by absentee ballot who is an absent uniformed services voter, an absent voter temporarily residing outside the United States, or a voter domiciled outside the United States who is qualified to vote for federal offices only, who certifies that he or she will be unable to receive, mark, and return an absentee ballot sent no later than 45 days before an election by election day may apply for a write-in absentee ballot. The secretary of state shall prepare write-in absentee ballots of all types necessary for each election and make them available to town and city clerks. Clerks shall send a write-in absentee ballot to any qualified VOCAVA voter requesting such ballot without delay for any request received up to 45 days before an election. The ballot and associated forms and instructions shall be sent by mail or electronically as requested by the voter. In completing the ballot, the voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party next to the title of the office, in which case the ballot shall be counted for that office for the candidate of the political party.
25 New Section; Federal Write-In Absentee Ballot. Amend RSA 657 by inserting after section 10-a the following new section:
657:10-b Federal
Write-In Absentee Ballot. Absent uniformed
services voters, absent voters temporarily residing outside the United States,
and federal ballot only voters domiciled outside the United States may use the
federal write-in absentee ballot in general, special, and primary elections to
vote for federal offices only. As
required by federal law, a federal write-in absentee ballot shall not be
counted if it is submitted from any location in the
26 Provisions for General Election. Amend RSA 657:12 to read as follows:
657:12 Provisions for
General Election. Upon receipt of a
properly executed application for an official absentee ballot for a
general election, whether the form supplied by the secretary of state,
the federal official post card [application] form, or a written
statement containing the information required by [the appropriate paragraph
of] RSA 657:4, I, a town or city clerk shall forthwith ascertain if the
applicant is on the checklist of the town or city. If the applicant is on the checklist, the
clerk shall send the materials provided for in RSA 657:15; if not, the clerk
shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile
to a town or city clerk.
27 Provisions for Primary Elections. Amend RSA 657:13 to read as follows:
657:13 Provisions for
State or Presidential Primary Elections. Upon receipt of a properly executed
application for an official absentee ballot for a state or presidential
primary election, whether the form supplied by the secretary of state
or a written statement containing the information required by [the
appropriate paragraph of] RSA 657:4, I, a town or city clerk shall
forthwith ascertain if the person is on the checklist of the town or city and
is properly registered as to party designation. If such person is found to be on the checklist
and to be properly registered or if such person is found to be on the checklist
but is not registered as a member of any party, but the information supplied
states he or she is applying for a ballot of a political party, the person
shall be registered as a member of said party; and, in either case, the clerk
shall send the materials provided for in RSA 657:15. If the person is not on the checklist or is
registered as a member of a party different from the one whose ballot he or she
is applying for, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile
to a town or city clerk.
28 Information Furnished. Amend RSA 657:14 to read as follows:
657:14 Information Furnished. The supervisors of the checklist shall furnish to the town or city clerks upon their request any information relative to persons entitled to vote in their ward or town which may be necessary to enable them to determine the proper ballot, affidavit, and voting instructions to be sent to an absentee voter. Whoever violates any provision of this section shall be guilty of a violation.
29 Sending Absentee Ballots. Amend RSA 657:15 to read as follows:
657:15 Sending Absentee
Ballots. When the verification required
by RSA 657:12 or 657:13 has been made, the clerk shall retain the application
and, without delay, personally deliver, e-mail, or mail to the applicant
the appropriate ballot and materials as described in RSA 657:7 through [657:9]
657:8
or designate an assistant to deliver such materials to the applicant. The clerk may not designate as an assistant
any person who is a candidate for nomination or office or who is working for
such a candidate. Any ballots sent
pursuant to the provisions of this section shall be mailed or delivered only by
officials from the city or town clerk’s office and delivered only to the
applicant. If the address to which the
absent voter’s ballot is sent is outside the
30 Refusal to Certify. Amend RSA 657:16 to read as follows:
657:16 Refusal to
Certify; Procedure. If he or she refuses
to certify the application, the town or city clerk shall notify the applicant
in writing within 7 days to that effect. The town or city clerk shall provide the
applicant with an absentee ballot and a notice that the ballot will not be
counted unless the applicant submits the documents necessary to complete an
absentee registration. The applicant
shall be advised in writing what documents, if any, have been received in
proper form and which the applicant must submit in the [return] outer
envelope that contains the absentee ballot [affidavit] envelope. The town or city clerk shall mark the [exterior
of] absentee ballot application and the absentee ballot affidavit [envelope]
with the words “Not Registered.” If the
applicant returns the required documents in proper form with the absentee
ballot and if the applicant is found to be qualified, he or she shall be
registered and his or her absentee ballot shall be processed in the same manner
as the absentee ballot of a previously registered voter. If the ballot is returned without the required
documents in proper form, the ballot shall be marked and preserved in the
manner set for forth by law for successfully challenged absentee ballots. The clerk shall preserve the application of
any applicant who is not registered as a voter until the time set by law for
the destruction of the ballots after the election at which time the application
shall be destroyed. Any justice of the
superior court has jurisdiction in equity upon such notice as he or she may
order to require that the name of the person making application for an absentee
ballot be placed upon the checklist or registered as a member of any party and
be sent an absentee ballot.
31 Procedure by Voter. Amend RSA 657:17 to read as follows:
657:17 Procedure by
Voter. After marking the ballot, the
voter or the person assisting a blind voter shall enclose and seal the same in [the
affidavit] an inner envelope. The
voter shall execute the affidavit [on it]. The voter or the person assisting the blind
voter shall enclose and seal [said] the inner envelope with
the affidavit in [the return] an outer envelope. The voter shall then endorse [thereon] on
the outer envelope his or her name, address,
and voting place and shall mail the envelope, affixing postage, or personally
deliver it to the city or town clerk from whom it was sent.
32 Procedure by Clerk. Amend RSA 657:18 to read as follows:
657:18 Procedure by
Clerk. Upon receipt of [a return]
an
outer envelope purporting to contain an official absentee voting ballot,
the clerk of the city or town shall attach thereto the application for an
absentee ballot submitted by said voter. All such envelopes shall be preserved unopened
until election day.
33 Absentee Voting. Amend the subdivision heading preceding RSA 657:19 to read as follows:
Procedure for [Armed] Uniformed
Services, Temporarily Residing Outside the Overseas
Citizen] Ballot Only Voting
34 Sending Ballots. RSA 657:19 is repealed and reenacted to read as follows:
657:19 Sending Ballots to UOCAVA Voters.
I.(a) Upon receipt of a properly executed application for an absentee ballot from a UOCAVA voter as defined in RSA 652:16-b, whether the form supplied by the secretary of state, the federal official post card form, or a written statement containing the information required by RSA 657:4, I, a town or city clerk shall retain the application and, without delay and except as provided in subparagraph (b), enter the application in the statewide centralized voter registration database.
(b) On the last business day no earlier than 45 days before a regularly scheduled general election, each city and town clerk shall deliver absentee ballot information to the secretary of state, on forms and methods prescribed by the secretary of state, for each UOCAVA voter as defined in RSA 652:16-b who, between the required meeting of the supervisors of the checklist pursuant to RSA 654:27 for the regularly scheduled primary election and the last business day prior to 45 days before the regularly scheduled general election, has requested an absentee ballot for the next regularly scheduled general election, unless that UOCAVA voter and his or her absentee ballot request has been entered into the statewide voter registration database.
II. If a request for a write-in absentee ballot is received from a UOCAVA voter 45 or more days before an election from a voter qualified to vote using a write-in absentee ballot in accordance with RSA 657:10-a, the clerk shall, without delay, send a write-in absentee ballot and instructions using either mail or electronic transmission, as requested by the voter.
III. If a request for an absentee ballot for a primary election, other than a presidential primary, or a special election is received from a UOCAVA voter 45 or more days before a primary election, the clerk shall send the ballot and instructions to the applicant no later than the day 45 days prior to the primary election using either mail or electronic transmission, as requested by the voter.
IV. If a request for an absentee ballot for a primary election, other than a presidential primary, or a special election is received from a UOCAVA voter less than 45 days before a primary election, the clerk shall send the ballot and instructions without delay using either mail or electronic transmission, as requested by the voter.
V. If a request for an absentee ballot for a regularly-scheduled general election or a presidential primary is received from a UOCAVA voter 45 or more days before a general election or a presidential primary the secretary of state shall, on behalf of the clerk and in accordance with the voter’s choice, electronically transmit or mail the appropriate absentee ballot and instructions to the voter no later than the day 45 days prior to the general election or the presidential primary. At the secretary of state’s discretion, the secretary of state may enter in the statewide centralized voter registration database the mail date on which absentee voters were sent ballots pursuant to this paragraph. Alternatively, the secretary of state may provide each city and town clerk with a list of all voters sent absentee ballots by the secretary of state pursuant to this section. Upon receipt of such report from the secretary of state, the clerk shall record the date that the absentee ballot was sent to the voter in the statewide centralized voter registration database.
VI. If a request for a general election absentee ballot is received from a UOCAVA voter less than 45 days before a general election, the clerk shall, in accordance with the voter’s choice, electronically transmit or mail the appropriate absentee ballot and instructions to the voter, without delay.
VII. All valid requests for absentee ballots for a general election received by a town and city clerk prior to the Monday before a primary election shall be entered into the statewide centralized voter registration database no later than that Monday and any valid requests received between that Monday and the forty-fifth day prior to a general election shall be entered into the statewide centralized voter registration database on the day received by the clerk. All requests for absentee ballots received after the date that is 45 days prior to an election shall be entered by the city or town clerk, without delay.
VIII. The clerk shall send the appropriate ballot and materials as described in RSA 657:8, regardless of whether the applicant appears on the checklist, and record the information pursuant to RSA 657:15.
IX. The town or city clerk shall forward a copy of the applicant’s registration forms to the supervisors of the checklist.
X. A town or city clerk who finds an absentee ballot application invalid shall provide the UOCAVA voter the reason it is invalid within 7 days.
35 Federal Official Post Card Application. RSA 657:19-a is repealed and reenacted to read as follows:
657:19-a Federal Official Post Card Form and Other Requests from UOCAVA Voters. The federal official post card form as provided in RSA 654:20 for simultaneous voter registration application and absentee ballot application shall be valid at any time for voter registration by a person qualified to vote pursuant to RSA 654:3 as an absent uniform services voter, a temporarily absent voter residing outside the United States, or a federal ballot only voter domiciled outside the United States. An absentee ballot request on this post card or in any other form received on or after January 1 of each year shall be valid through December 31 of the same year for all state and municipal elections to be held within that year, subject to the request of the voter and the eligibility of the voter. Provided, however, that an absentee ballot for the presidential primary shall be sent to all voters requesting an absentee ballot for the primary or any election prior to the primary during the general election year and the prior year. The town or city clerk shall forward a copy of all such federal official post card voter forms to the supervisors of the checklist.
36 New Sections; Electronic Applications. Amend RSA 657 by inserting after section 19-a the following new sections:
657:19-b Procedure for Requesting Voter Registration Applications or Absentee Ballot Applications Electronically. Any person authorized in RSA 657:19-a to use the federal official post card form may request and receive an absentee voter registration application by downloading the application from the secretary of state’s website, or request that the form be mailed by submitting an electronic request via the e-mail address designated on the website. The secretary shall send the requested application by mail or electronically in accordance with the voter’s choice.
657:19-c E-Mail Account Maintained by Clerks. As required by federal law, to satisfy their obligation to send and receive voting materials electronically, each town and city clerk shall establish and maintain an e-mail account and address, which shall be publically available to voters. Clerks shall keep such information in the statewide centralized voter registration database.
37 Procedure by UOCAVA Voter. RSA 657:20 is repealed and reenacted to read as follows:
657:20 Procedure by UOCAVA Voter. UOCAVA voters shall follow the procedure set forth in RSA 657:17.
38 Procedure by Clerk. RSA 657:21 is repealed and reenacted to read as follows:
657:21 Procedure by Clerk. Upon receipt of an outer envelope purporting to contain an absentee ballot, the clerk of the city or town shall attach thereto the application for an absentee ballot submitted by the voter. All such envelopes shall be preserved unopened until election day.
39 Delivery to Moderator. Amend RSA 657:23 to read as follows:
657:23 Delivery to
Moderator. Upon election day, prior to
the closing of the polls or the time set for processing absentee ballots in
accordance with RSA [659] 659:49, the clerk shall deliver all
such envelopes and the applications therefor received by him or
her and a list of absentee voter applications compiled pursuant to RSA 657:15
to the moderators in the several voting precincts in which the absentee voters
assert the right to vote, taking a receipt from the moderator thereof; except
that no [armed services] UOCAVA voter’s ballot shall be
rejected by a moderator for lack of an attached application, provided a signature is
available for comparison on a voter registration document.
40 Opening Absentee Ballot Outer Envelopes. Amend RSA 659:49-b to read as follows:
659:49-b Opening
Absentee Ballot [Return] Outer Envelopes. The moderator or the moderator’s designee may
authorize the opening of absentee ballot [return] outer envelopes on
election day prior to the time established for processing absentee ballots in
RSA 659:49, provided that the opening of the [return] outer
envelopes occurs in public with notice of the time and place. The [affidavit] envelope containing the
ballot shall not be removed from the [return] outer envelope at such
time, and the [return] outer envelope containing the [affidavit]
inner
envelope shall be secured until it is processed pursuant to RSA 659:50. [This section shall not apply to return
envelopes previously opened pursuant to RSA 657:21.]
41 Announcement by Moderator. Amend RSA 659:50 to read as follows:
659:50 Announcement by
Moderator. The moderator shall begin
processing absentee ballots by clearly announcing that he or she is about to open
the envelopes which were delivered to him or her. The moderator shall then remove the [affidavit]
envelope containing the ballots of each absentee voter and shall compare the
signature on the affidavit [envelope] with the signature on the
application for the ballot. If:
I. The name of the voter is on the checklist; and
II. The affidavit
[on the envelope] appears to be properly executed; and
III. The signature on the affidavit appears to be executed by the same person who signed the application; and
IV. The signatures appear to be the signatures of a duly qualified voter who has not voted at the election; then the moderator shall publicly announce the name of the absentee voter, except that with respect to any voter who has been included in the address confidentiality program under RSA 7:43 or who has been granted a protective order under RSA 173-B, the moderator shall identify such voters as “confidential voter number 1” and “confidential voter number 2,” and so forth. If these conditions are not met, the moderator shall follow the procedure provided in RSA 659:53.
42 Challenges. Amend RSA 659:51 to read as follows:
659:51 Challenges. All absentee ballots are subject to challenge
after the moderator publicly announces the name of the absentee voter but not
after the ballot is removed from the envelope.
A person who makes a challenge shall state the reason for the
challenge. If the ballot is challenged,
the moderator shall write on the [affidavit] envelope containing the
ballot the word “challenged” and the name and address of the person who makes
the challenge and the basis of the challenge.
The moderator shall also number each challenged envelope consecutively
by marking, for example, the first challenged ballot “Challenged Ballot No.
1.” The moderator shall then determine
if the challenge to the ballot is well grounded. If the moderator decides the challenge is
well grounded, [he] the moderator shall not open the
envelope but shall preserve it with the other ballots cast at the election as
provided in RSA 659:101 and shall record next to the name of the
absentee voter on the clerk’s list of absentee voters prepared pursuant to RSA
657:15 the word “challenged” and the reason for the challenge. If the moderator decides that the challenge
is not well grounded, he or she shall open the [affidavit]
envelope so the affidavit [thereon] is not destroyed and proceed first
to mark on the reverse of the folded ballot the corresponding challenge number
as previously marked on the envelope. [He]
The
moderator shall then proceed to deposit the ballot as provided in RSA
659:52.
43 Opening Envelope. Amend RSA 659:52 to read as follows:
659:52 Opening Envelope;
Depositing Ballot. If the absentee
ballot is not challenged, the moderator shall, after announcing the name of the
voter, open the [affidavit] envelope containing the ballot so the
affidavit [on the envelope] is not destroyed. [He] The moderator shall then
take the ballot out of the envelope without unfolding the ballot or without
permitting the ballot to be examined, and he or she shall preserve the
affidavit [envelope] with the ballots cast at the election as provided
in RSA 659:101. The moderator shall then
have a checkmark placed beside the name of the absentee voter on the checklist
and write therewith the letters “A.V.” in red ink and shall then deposit the
ballot in the ballot box.
44 New Section; Immaterial Defects; Electronically Transmitted Absentee Ballots. Amend RSA 659 by inserting after section 54 the following new section:
659:54-a Immaterial Defects; Electronically Transmitted Absentee Ballots. No electronically transmitted absentee ballot shall be rejected by the moderator for any ballot, envelope, or affidavit weight, size, or color, or any ink font size, alignment, or color.
45 Votes Counted After Processing of Absentee Ballots. Amend RSA 659:61 to read as follows:
659:61 Votes Counted
After Processing of Absentee Ballots. After all absentee ballots have been
processed, or processed and counted, as provided in RSA 659:49-55, and after
the polls have closed, the election officials, except those disqualified in
accordance with RSA 659:58, shall, under the supervision of the moderator,
immediately begin counting the votes cast at the election. The moderator may use the assistance of a
person appointed by the secretary of state or the attorney general to assist in
the completion of the election return forms.
46 General Content of Return. RSA 659:73 is repealed and reenacted to read as follows:
659:73 General Content of Return.
I. The election return forms shall be submitted on paper and electronically immediately after the completion of the vote count in the manner prescribed by the secretary of state. The return of votes shall include, but not be limited to:
(a) The name of each candidate printed on the ballot and the number of votes that candidate received for the listed office including any write-in votes for the same office on the same ballot where the voter did not mark the printed candidate name.
(b) For each office, the number by which the total number of votes that could have been cast for that office exceeds the total number of votes actually cast for that office.
(c) For each office, the number of potential votes not counted because the voter marked more candidates than permitted. The totals for subparagraphs (b) and (c) may be reported together as a single number.
(d) For each office the total number of votes cast for each write-in candidate and the candidate’s name, excluding write-in votes for candidates whose names were printed on the ballot where the voter did not mark the printed candidate name and the vote is reported under subparagraph (a).
(e) For any question submitted to the voters:
(1) The number of affirmative votes.
(2) The number of negative votes.
(3) The number of ballots where the voter did not cast a vote.
(4) The number of ballots where the ballot was not counted because the voter marked both yes and no.
(f) The number of voters who voted in person on election day checked off on the checklist as having voted.
(g) The number of absentee voters checked off on the checklist as having voted.
(h) The number of official ballots received from the secretary of state brought to the polling place on election day, excluding ballots marked as test ballots and used prior to election day to test a ballot counting machine.
(i) The number of official ballots cast on election day.
(j) If the polling place runs out of official ballots, the number of absentee ballots used as official ballots and cast.
(k) If the polling place runs out of official ballots, the number of photocopy ballots used as official ballots and cast.
(l) The number of Accessible Voting System ballots cast.
(m) The number of state absentee ballots cast.
(n) The number of federal offices only absentee ballots cast.
(o) The number of state write-in absentee ballots cast.
(p) The number of federal write-in absentee ballots cast.
(q) In a primary, the number of ballots cast for each party.
(r) The number of people who registered to vote on election day.
(s) The number of undeclared voters that cast ballots for each party at a state primary election.
(t) The number of undeclared voters that returned to undeclared after voting in a state primary election.
II. The secretary of state shall provide guidance for completing the return of votes in the election procedure manual issued pursuant to RSA 652:22. The secretary of state may provide an electronic version of the return of votes capable of being used on a computer at the polling place to assist moderators and clerks in completing and submitting the paper and electronic forms.
47 Copies of Return. Amend RSA 659:75 to read as follows:
659:75 Forwarding;
Retaining Copies of Return. One copy of
the election return shall be forwarded by the town or ward clerk to the
secretary of state in both paper and electronic form no later than [the Monday]
8:00
a.m. on the day following a state election unless the secretary of
state orders them sooner. The other
shall be kept by the town or city clerk and shall be open to public inspection
at reasonable times. If an official
state election return is sealed along with the ballots, the clerk having
custody of the sealed ballots shall, at the request of the secretary of state,
and in the presence of a state election official, unseal the ballots and
retrieve the election return. The
ballots shall be immediately resealed and the election return shall be
delivered to the secretary of state by the election official.
48 General Neglect. RSA 659:77 is repealed and reenacted to read as follows:
659:77 General Neglect by Town or Ward Moderator and Clerk.
I. If any moderator shall neglect to cause an accurate count to be made of the votes cast as required by law, for which no other penalty is provided, he or she shall be guilty of a violation.
II. If any town or ward clerk shall neglect to make any return of votes required by law, for which neglect no other penalty is provided, he or she shall be guilty of a violation.
III. If a return of votes is not timely submitted or is submitted with significant defects, if a recount discloses that the election night vote count was significantly inaccurate, or if other significant deficiencies in the conduct of an election are documented the secretary of state shall report the same to the attorney general. Upon a finding by the attorney general that the late submission, miscount, or other significant deficiency was due to lack of training, lack of established procedures, negligence, or misconduct, the secretary of state in consultation with the attorney general shall appoint an election monitor who shall be an individual trained in the conduct of elections and who shall attend portions of the ballot casting and all of the ballot counting to monitor the next election conducted in that town or ward. The finding of the attorney general may be appealed to the ballot law commission.
IV. An election monitor appointed under paragraph III shall have full access to the polling place, including authority to directly observe the registration of voters on election day, the checking in of voters by inspectors of elections, assistance to voters with disabilities, the use of the accessible voting system, the receipt of ballots, the processing of absentee ballots, and the counting of ballots, and may handle marked ballots for the purposes of instruction during the counting and tabulating process.
V. An election monitor appointed under paragraph III may provide training and guidance to the moderator and clerk who conducts the election. The election monitor shall issue a public written report within 30 days following the election to the voters of the town or ward, the secretary of state, and the attorney general, which shall be posted on the secretary of state’s website, documenting the extent to which the town or ward complies with state law and utilizes the best practices set forth in the election procedures manual and the on-line training available on the secretary of state’s website in conducting the monitored election.
49 Late Return. Amend RSA 659:78 to read as follows:
659:78 Late Return. Whenever the election return of any town or
ward has not been received by the secretary of state [within 5 days] by
8:00 a.m. on the day after a state election, the secretary of state
shall so notify the attorney general and the moderator, the selectmen, and the
clerk of the town or ward who shall forward such return forthwith.
50 Incorrect or Incomplete Return. Amend RSA 659:79 to read as follows:
659:79 Incorrect or Incomplete Return; Amendment. If a town or ward clerk shall make an incorrect or incomplete election return, the moderator may require that clerk, at his or her own expense, to appear and amend the return according to the facts within 4 hours of receipt of notification from the secretary of state. If the clerk shall refuse to appear and amend the return, he or she shall be guilty of a violation.
51 Write-In Nomination. Amend RSA 659:88, I(b) to read as follows:
(b) A person
whose name was not printed anywhere on the official state primary election
ballot, and who receives the nomination of a party by write-in vote in a
primary election and wishes to accept the nomination, shall file a declaration
of candidacy with the secretary of state no later than [the second Monday]
3:00
p.m. on the first Friday after the primary. The declaration of candidacy shall be filed
with the understanding that, where the form says “primary election,” it shall
be construed to mean “general election.” A person who files a declaration of candidacy
under this section shall be subject to the requirements of RSA 655:19 and
655:19-b relative to filing fees. The
person may have the filing fee waived if he or she is unable to pay
the fee by reason of indigency. Such
person shall not, however, be required to pay the administrative assessment under
RSA 655:19‑c.
52 Rejection of Nomination by Write-In Vote. RSA 659:90 is repealed and reenacted to read as follows:
659:90 Rejection of Nomination by Write-In Vote. The name of a person nominated by write-in vote who fails to file a declaration of candidacy in person, by facsimile, or by e-mailing a signed declaration as an attachment with the secretary of state by 3:00 p.m. on the first Friday following the primary shall not be placed on the general election ballot and will be considered to have rejected the nomination.
53 Nomination for Incompatible Offices. Amend RSA 659:91 to read as follows:
659:91 Nominations for
Incompatible Offices. Any person who is
nominated by the same political party for incompatible offices shall notify the
secretary of state in person, in writing, by facsimile transmission, or by e-mailing a
signed statement as an attachment no later than 3:00 p.m. on the [Monday]
Thursday following the date of the primary of which nomination he or
she will accept. Thereupon the
secretary of state shall declare a vacancy to exist in the nomination which
such person declined. The vacancy shall
be filled as provided in RSA 655:37 except that all the necessary declarations
of candidacy and affidavits shall be filed no later than 5:00 p.m. on the [second]
Friday following the date of the primary.
54 Sealing and Certifying Ballots. Amend RSA 659:95 to read as follows:
659:95 Sealing and Certifying Ballots.
I. Immediately
after the ballots cast at a state election have been tabulated and the result
has been announced and the return has been made, the moderator or the moderator’s
designee, in the presence of the selectmen or their designee, shall place the
cast, cancelled, and uncast ballots, including such ballots from any additional
polling places, and further including the successfully challenged and
rejected absentee ballots still contained in their envelopes, in the
containers provided by the secretary of state as required by RSA 659:97 and
shall seal such container with the sealer provided by the secretary of state as
required by RSA 659:97. The moderator or
the moderator’s designee shall then enter in the appropriate blanks on such
sealer on each container the number of cast, cancelled, and uncast ballots in
such container and shall endorse in the appropriate place on such sealer a
certificate in substance as follows:
Enclosed are the ballots from the state election in the town of
______________ (or in ward _______________ in the city of _________________)
held on __________, 20___, Box _____ of _____, [required by
law] to be preserved in accordance with RSA 33-A:3-a. The moderator and the selectmen or their
designee shall sign their names in the appropriate blanks on the sealer.
II. Ballots,
including cast, cancelled, and uncast ballots and successfully challenged
absentee ballots still contained in their envelopes, prepared or preserved in
accordance with the election laws shall be exempt from the provisions of RSA
91-A. This exemption shall apply to any
ballots or absentee voter [affidavit envelopes] affidavits prepared for
or used in any election conducted by the state or any political subdivision,
including federal elections.
55 Delivery of Ballots to Town Clerk. Amend RSA 659:98 to read as follows:
659:98 Delivery of Ballots to Town Clerk.
I. The moderator, or [his] the
moderator’s designee, and the selectmen, or their designee, after they
have sealed and certified the state election ballots as provided in RSA 659:95
and [96] RSA 659:96, shall deliver the sealed containers to the town or
city clerk, or to [his] the clerk’s designee, who shall in
their presence enter in the appropriate place on each sealer the time of day
and shall sign his or her name in the appropriate blank on the sealer. Except as provided in paragraphs II and III,
the clerk or [his] designee shall, without breaking the seals or
otherwise changing the condition of the containers, deposit the containers in
the town or city hall, where the ballots shall be kept for a period of 60 days.
II. After a regularly-scheduled state primary, the
town or city clerk of each town and city in Carroll, Cheshire, Coos, Grafton,
Strafford, and Sullivan counties shall deliver the sealed boxes of ballots from
the primary to the location designated by the secretary of state to receive the
paper return of votes and ballots immediately following the completion of the
counting and sealing of ballots. The secretary
of state shall cause all such returns and ballots to be collected and delivered
to a location designated by the secretary of state.
III.
The secretary of state may, at his or
her discretion, collect regularly-scheduled state primary ballots from clerks
in Belknap, Hillsborough,
56 Forwarding Ballots to the Secretary of State. Amend RSA 659:99 to read as follows:
659:99 Forwarding Ballots to the Secretary of State. If any person shall make a request for a recount as provided in RSA 660, or if the secretary of state shall request the ballots of the recent election, the clerk having the custody of such ballots shall, at the request of the secretary of state, forward the ballots forthwith to the secretary of state.
57 Preservation of Voting Materials. Amend RSA 659:101 to read as follows:
659:101 Preservation of
Absentee Voting Materials, Election Day Affidavits, and Domicile
Affidavits. The [affidavit envelopes]
absentee
ballot affidavits and application forms processed by the moderator as
provided in RSA 659:50, the absentee ballots challenged and rejected
as provided in RSA 659:51 and RSA 659:53, and the qualified voter
affidavits and domicile affidavits as provided in RSA 654:12 and any other
documentary proof of qualifications retained by the town or city clerk, the
supervisors of the checklist, or other election official [may] shall
be preserved in the same manner that ballots are preserved. Qualified voter, voter registration, and
domicile affidavits shall be retained for 3 years after the election in which
they are used, and other materials may be destroyed [one year after the
first state general election at which the individual may vote] after
the election is settled and all appeals have expired or one year after the
election, whichever is longer.
58 Primary Recount Applications. Amend RSA 660:7 to read as follows:
660:7 Application.
I.
Any person for whom a vote was cast for any nomination of any party at a
state primary may apply for a recount, provided that the difference between the
votes cast for the applying candidate and a candidate of that party declared
nominated is less than [20] 10 votes or less than 1.5 percent of
the total [votes] ballots cast [for candidates of]
in
the primary for that party in the towns which comprise the office to be
recounted. The application shall be made in
writing to the secretary of state and shall be submitted no later than 5:00 p.m.
on the day after the primary election. The request may be made by hand delivery, by
facsimile transmission, or as an attachment to an e-mail. The fee shall be paid prior to the beginning
of the recount. Recounts shall begin 2
days after the primary election and shall be conducted so as to complete all
recounts involving towns or wards which have pending requests for absentee
ballots for the general election from UOCAVA voters no later than 8:00 a.m. on
the Saturday following the primary. Other recounts shall begin during the week
following the primary.
II. Any person receiving at least 9 percent of the votes cast in any party’s presidential primary may apply for a recount. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday after the primary for a recount of all ballots cast for such nomination. Each candidate requesting a recount shall pay the secretary of state fees as provided in RSA 660:2.
59 Vacancies; State Representative. Amend RSA 661:8, III to read as follows:
III. Notwithstanding
the provisions of paragraph II, if a vacancy occurs in the office of state
representative in a district comprised of a city ward or wards, a request to
hold the primary and special elections on the same dates as the city’s biennial
primary and regular elections may be submitted to the governor and council by
the governing body of the city. If so
requested, the governor and council shall declare the vacancy not less than [50]
63
days prior to the date of the city’s primary election. The filing period shall be held not more than [41]
57
days nor less than [34] 50 days prior to the primary
election. The provisions of RSA 655:81,
III, VI, VII, VIII, IX, X, and XI shall apply to elections held pursuant to
this paragraph.
60 Ballot Law Commission; Hearing Date. Amend the introductory paragraph of RSA 665:5, I to read as follows:
If necessary,] The ballot law
commission shall meet [on the fourth Friday of September in each general
election year and] at 9:00 a.m. on the Saturday following the
regularly-scheduled state primary election and, if necessary, on the
third Friday following the presidential primary election in order to hear and
decide:
61 Reference Changed. Amend RSA 669:4 to read as follows:
669:4 Qualifications of
Voters. Any person having his or
her domicile within the town and qualified to vote under RSA 654:1[-654:2
and 654:4-] through 654:6 and who is on the town checklist shall be
qualified to vote in town elections.
669:24 Paper,
Uniformity, Endorsement. The ballots
shall be printed on plain white paper, in weight not less than that of ordinary
printing paper; provided, however, that if more than one ballot is used during
any town election, each ballot shall be of a different color than any other
ballot used at the election. There shall
be no impression or mark to distinguish one ballot from another. The names of all candidates shall be printed
in uniform type and the ballots shall be folded so that their width and length
when folded shall be uniform. On the
back, or at the top of the face, of each ballot shall be printed the words “Official
Ballot for the Town of __________,” the date of the election,
and a facsimile of the signature of the town clerk who prepared the ballot. For ballots transmitted electronically, the
words “Official Ballot for the Town of __________” shall be located at the top
of the face of the ballot.
669:25 Conduct. In towns which have adopted an official ballot system, the town election shall be conducted in the same manner as a state general election as provided in RSA 658 and 659, except that RSA 659:77, III-V, 659:78, and 659:98, II and III shall not apply, and except that all duties required to be performed by the secretary of state under those chapters shall be performed by the town clerk, and except that no copy of marked or unmarked checklists need be forwarded to the state archives or federal district court as provided in RSA 659:102. Polling hours for a town meeting or election shall be set by the selectmen or by a vote of the town.
669:26 Absentee Voting. Every town which has adopted an official
ballot system for town elections as provided in RSA 669:12 or 669:13 shall
provide for absentee voting. Any [registered]
eligible
voter [or armed services voter] who is absent from such a town on the
day of a town election, or who cannot appear in public on election day because
of his or her observance of a religious commitment, or who, by reason
of physical disability, is unable to vote in person may vote at a town election
in accordance with the provisions of this section and RSA 669:27-669:29. A person who is unable to appear at any time
during polling hours at his or her polling place because an employment
obligation requires the person to remain physically at work or to be in transit
to or from work from the time the polls open until after the time the polls
close shall be considered absent for purposes of this section and RSA
669:27-669:29.
II. Blank forms of application for absentee ballots worded similar in form to those required by RSA 657:4.
III. Envelopes of sufficient size to contain the ballots specified in paragraph I, on which shall be printed an affidavit similar in form to that required by RSA 657:7 or 657:8, as applicable.
669:29 Application of
Statutes. The procedure for absentee
voting in town elections shall be the same as in state elections as provided in
RSA 657:2,
657:6, [9, 12 and 14-24] 657:7, 657:8, 657:12, and 657:14 through
657:24. With respect to the provisions of
RSA 657:19, absentee ballots shall not be required to be sent to absent
uniformed services voters or absent voters temporarily residing outside the
United States at least 45 days prior to town elections, but shall be sent by
the clerk as long before election day as is practical.
67 Reference Changed. Amend RSA 670:3 to read as follows:
670:3 Voters and
Checklists. Any person having his or
her domicile within the village district and qualified to vote as
provided in RSA 654:1[, 654:2 and 654:4-] through 654:6 and whose
name is on the village district checklist shall be entitled to vote in any
village district election. An updated
checklist shall be used at all village district elections and meetings for the
same purposes as checklists are used by towns as provided in RSA 669:5. Such checklist or checklists, if the district
is located in more than one town, shall be used in the election of district
officers.
68 Reference Changed. Amend RSA 671:14 to read as follows:
671:14 Qualifications. Any person domiciled in the school district
who is qualified to vote as provided in RSA 654:1[-654:2 and 654:4-] through
654:6 and who is on the school district checklist shall be entitled to
vote at any school district election.
69 New Paragraph; Election Fund; Accounts. Amend RSA 5:6-d by inserting after paragraph VI the following new paragraph:
VII. The treasurer shall, upon request of the secretary of state, establish separate accounts within the election fund in order to segregate funds according to funding source.
70 New Paragraphs; Electronic Ballot Counting Devices; Rules. Amend RSA 656:42 by inserting after paragraph VI the following new paragraphs:
VII. Each electronic ballot counting device shall have a memory card, a metal bar covering the inserted memory card, a canvas cover closed by 2 zippers, 2 hard shell covers on the front of the device, a hard shell cover on the rear of the device, and 3 communication ports in the rear of the device.
VIII.(a) Before each election, the vendor for any electronic ballot counting device shall provide the secretary of state with an exact electronic record of the data written to each memory card to be used in the election.
(b) The town or city clerk shall preserve each memory card used at each election until after the recounts for such election are complete and any and all legal challenges to the outcome of that election are adjudicated.
(c) The town or city clerk shall securely preserve each memory card used in any election as directed by the secretary of state.
(d)(1) To help ensure that the counting device cannot be tampered with or improperly accessed, the town or city clerk shall employ electronic ballot counting device seals specified by the secretary of state and seal the electronic ballot counting device in the following areas:
(A) The connection of the 2 zippers on the closed canvas cover of the counting device.
(B) The metal bar in front of the inserted memory card.
(C) Electronic ballot counting device housing:
(i) The seam connecting the 2 hard shell covers on the front of the counting device.
(ii) The seam connecting the hard shell cover on the rear of the counting device.
(iii) The 3 communication ports in the rear of the counting device.
(2) The town or city clerk shall update an activity log supplied by the secretary of state to keep a record each time a counting device seal is broken and a new one installed, and the reason for which the seal was broken.
(3) No person shall break a counting device seal without the presence of 2 witnesses. Upon breaking such seal, the person responsible shall update the activity log, obtain the signatures of each witness, record the reason for breaking such seal, ensure that it is resealed with a new seal immediately, and properly record the new seal number in the activity log.
(4) Before the moderator places into service a counting device on election day, the moderator shall verify all counting device seals have been maintained intact, and any seals which have been broken have been promptly re-sealed and the activity log properly recorded and signed.
(5) If, on election day, the moderator notices that any seal on the counting device appears tampered with or broken without an adequate record in the activity log, the moderator shall refrain from using the counting device in that election, and shall report the apparent tampering to the attorney general , the secretary of state, the town or city clerk, and the selectmen.
(6) The counting device and the activity log shall be subject to review by the attorney general or secretary of state at any time.
(7) Whenever the town or city clerk receives a memory card from the vendor, the clerk shall break the memory card seal, insert the memory card in the electronic ballot counting device, and apply a new seal. The clerk shall lock any memory card not inserted into an electronic ballot counting device in a safe and record the names of individuals that have access to such safe on the activity log.
(8) Whenever the town or city clerk removes the memory card from the electronic ballot counting device, the clerk shall immediately return it to the memory card programmer and reseal the metal bar in front of the empty memory card slot.
(e)(1) The town or city clerk shall give public notice of the date and time of a pre-election test of the electronic ballot counting device and ballots.
(2) Upon receipt of the official ballots from the secretary of state, the town or city clerk shall remove the number of ballots needed to test the electronic ballot counting device from among the official ballots and keep them separate and secure from the remaining official ballots thereafter.
(3) The town or city clerk shall mark any ballots used for testing with the words “TEST.”
(4) The town or city clerk shall mark the test ballots in such a way as to demonstrate a vote for each candidate on at least one test ballot, as well as votes for less than and more than the number of candidates that may be voted for an office, write-ins, multiple votes for a candidate who appears in more than one party column for the same office on a general election ballot, and ballots on which there are no votes. The clerk shall mark as many as possible of the combinations of choices that a voter may indicate on the ballot.
(5) The town or city clerk shall run each of the test ballots through the counting device in the following orientations: Top first with side one face up, bottom first with side one face up, top first with side one face down, and bottom first with side one face down.
(6) The town or city clerk shall count the votes marked on the test ballots run though the electronic ballot counting device and multiply the results by 4 to account for the 4 different orientations, and check these results against the tally from the electronic ballot counting device.
(7) If the electronic ballot counting device’s tally does not match the count of the town or city clerk, the clerk shall notify the moderator, who shall order that the electronic ballot counting device not be used at the election.
(8) The pre-election test shall be completed no later than the Wednesday immediately prior to the election.
(9) The town or city clerk shall document the pre-election test by preserving:
(A) The test ballots.
(B) The count of votes on the test ballots made by the town or city clerk.
(C) The results from the electronic ballot counting device that was tested.
(10) The clerk shall test all electronic ballot counting devices and memory cards in the possession of the town or city.
(11) Prior to placing the electronic ballot counting device or any memory card into service in an election, the moderator shall certify that there is evidence that pre-election testing was conducted on each electronic ballot counting device and each memory card in the town or city clerk’s possession, and that these devices and cards have passed the test.
71 Repeal. The following are repealed:
I. RSA 654:4, relative to armed services voters.
II. RSA 654:21, relative to forwarding registration affidavits.
III. RSA 657:3, relative to armed services voter eligibility.
IV. RSA 657:9, relative to armed services voting.
72 Effective Date.
I. Sections 15 and 23 of this act and RSA 657:19, III and IV as inserted by section 34 of this act shall take effect September 15, 2010.
II. The remainder of this act shall take effect upon its passage.
2010-1840s
AMENDED ANALYSIS
This bill:
I. Makes various changes relating to absentee voting, including authorizing electronic ballots for certain voters, and changes procedures for requesting, casting, processing, challenging, and preserving absentee ballots.
II. Changes scheduling requirements for certain special elections.
III. Modifies the requirements for election returns and requires that they be submitted on paper and electronically.
IV. Authorizes the secretary of state to appoint election monitors.
V. Requires the secretary of state to collect certain state primary ballots.
VI. Changes eligibility for a state primary recount.
VII. Changes the meeting requirements for the ballot law commission.
VIII. Establishes requirements for electronic ballot counting devices.
Senate Judiciary
May 6, 2010
2010-1945s
06/04
Amendment to HB 1543
Amend RSA 336:1, II as inserted by section 1 of the bill by replacing it with the following:
II. The annual simple rate of interest on judgments shall be 6 percent over the treasury bill rate.
Public and Municipal Affairs
May 6, 2010
2010-1949s
08/04
Amendment to HB 1554
Amend the title of the bill by replacing it with the following:
AN ACT allowing municipalities to establish energy efficiency and clean energy districts, establishing a committee to study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses, and relative to investments in photovoltaic renewable energy projects.
Amend the bill by replacing section 2 with the following:
2 New Chapter; Energy Efficiency and Clean Energy Districts. Amend RSA by inserting after chapter 53-E the following new chapter:
CHAPTER 53-F
ENERGY EFFICIENCY AND CLEAN ENERGY DISTRICTS
53-F:1 Definitions. In this chapter:
I. “Clean energy improvement” means the installation of any system on the property for producing electricity for, or meeting heating, cooling, or water heating needs of the property, using either renewable energy sources, combined heat and power systems, or district energy systems using wood biomass (but not construction and demolition waste) or natural gas. Such improvements include but are not limited to solar photovoltaic, solar thermal, wood biomass, wind, and geothermal systems, provided that, to be covered by an agreement with a property owner and financed under this chapter, such improvements shall be qualifying improvements under RSA 53-F:6.
III. “Energy conservation and efficiency improvements” means measures to reduce consumption, through conservation or more efficient use, of electricity, fuel oil, natural gas, propane, or other forms of energy on the property, including but not limited to air sealing, installation of insulation, installation of heating, cooling, or ventilation systems meeting or exceeding ENERGY STAR standards, building modifications to increase the use of daylighting, replacement of windows with units meeting or exceeding ENERGY STAR standards, installation of energy controls or energy recovery systems, and installation of efficient lighting equipment, provided that, to be covered by an agreement with a property owner and financed under this chapter, all such improvements must be permanently affixed to a building or facility that is part of the property and shall be qualifying improvements under RSA 53-F:6.
V. “Property owner” means the owner of record of real property within the boundaries of the district, whether zoned or used for residential, commercial, industrial, or other uses.
VI. “Special assessment” means a special assessment within the meaning and subject to the provisions of RSA 80:19.
53-F:2 Adoption By Municipality. A city, town, or village district may adopt the provisions of this chapter in the following manner:
I. In a town, other than a town that has adopted a charter pursuant to RSA 49-D, the question shall be placed on the warrant of an annual meeting only by the governing body, and not pursuant to RSA 39:3.
II. In a city or a town that has adopted a charter pursuant to RSA 49-C or RSA 49-D, 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 any such municipality may vote to place the question on the official ballot for any regular municipal election.
III. In a village district, the question may be considered and acted upon by any means authorized by RSA 52.
IV. The language of the question shall designate an energy efficiency and clean energy district, which may cover all or a portion of the area within the municipality, or may designate all or a portion of the area within the municipality as part of an energy efficiency and clean energy district that encompasses all or portions of multiple municipalities.
V. A municipality may vote to rescind its action in the same manner as it may vote to adopt, provided that all agreements entered into with property owners and related legal obligations created prior to its vote to rescind shall remain in effect.
53-F:3 Authority. To achieve the public benefits of protecting the economic and social well-being by reducing energy costs in the community and risks to the community associated with future escalation in energy prices, and addressing the threat of global climate change, any municipality which has adopted the provisions of this chapter and established an energy efficiency and clean energy district may, upon a finding by the governing body of the municipality, after notice and hearing, that the energy conservation and efficiency and clean energy improvements the municipality will finance pursuant to this chapter will serve the public purposes as set forth in this chapter and not primarily be for the benefit of private persons or uses even though such private benefits and uses may incidentally result, do the following:
I. Incur debt for the purpose of providing financing to property owners within the district, including through issuance of municipal bonds, Qualified Energy Conservation Bonds or Clean Renewable Energy Bonds. Any such debt shall constitute a pledge of the municipality’s full faith and credit, and except as may be otherwise provided in this chapter, shall be subject to the provisions of RSA 33.
II. Establish a revolving fund pursuant to RSA 31:95-h using general municipal revenues, bond funds, federal Energy Efficiency and Conservation Block Grant funds, or grant funds from any federal, state, private, or other source, provided that the use of general municipal revenues shall be pursuant to an appropriation by special warrant article in accordance with RSA 32 and the municipality’s appropriation procedures.
III. Provide financing for qualifying improvements to eligible property owners within the district.
IV. Collect from property owners payments on assessments used to finance qualifying improvements.
V. Establish reserve accounts, as provided in RSA 53-F:7.
VI. Participate in state or federal programs providing support for municipal energy efficiency and clean energy finance programs such as those authorized by this chapter, including guarantee, loss reserve, revolving fund, or other state or federal support programs.
VII. Enter into agreements with property owners in which the property owners consent to make energy conservation and efficiency improvements or clean energy improvements to their property and to have the municipality include a special assessment to pay for such improvements on their property tax bills, their bills for water or sewer service or another municipal service, or separate bills, provided that such agreements shall not affect the tax liability or municipal services charges of other participating or nonparticipating property owners in the district.
VIII. Collect charges from participating property owners to cover the cost of administration for the district.
IX. Otherwise administer a program for promoting and financing energy efficiency and clean energy improvements within a district in accordance with this chapter, enter into an agreement with a public or private entity to administer such a program on its behalf in accordance with this chapter, and enter into an agreement with one or more other municipalities to share services and otherwise cooperate in the administration of a district or districts in accordance with this chapter.
53-F:4 Agreements with Property Owners.
(b) An agreement with a property owner shall provide that the owner shall contract for qualifying improvements with one or more qualified contractors, purchase materials to be used in making qualified improvements, or both, and that, upon submission of documentation required by the municipality, the municipality shall disburse funds to those contractors and vendors in payment for the qualifying improvements or materials used in making qualified improvements. An agreement with a property owner shall require that the property owner report post-installation energy use data for program evaluation purposes over a period determined by the municipality.
(c) The agreement shall be in writing and shall include a payment schedule showing the term over which payments will be due on the assessment, the frequency with which payments will be billed and amount of each payment, and the annual amount due on the assessment. Upon full payment of the amount of the assessment, including all outstanding interest and charges and any penalties that may become due, the municipality shall provide the participating property owner with a written statement certifying that the assessment has been paid in full.
II. The municipality shall disclose to participating property owners the risks associated with participating in the program, including risks related to their failure to make payments and the risk of enforcement of property tax or special assessment liens under RSA 80:19.
III. At least 30 days prior to entering into an agreement with a municipality under this chapter, the property owner shall provide to the holders of any existing mortgages on the property notice of his or her intent to enter into the agreement.
IV. The municipality shall file a notice of the assessment under this chapter for recording in the county registry of deeds. The notice shall consist of the following statement or its substantial equivalent: “This property is subject to a special assessment related to the installation of qualifying cost-effective energy conservation and efficiency improvements or clean energy improvements under RSA 53-F.”
V. Any personal financial information provided to a municipality or an entity administering a program under this chapter on behalf of a municipality by a participating property owner or potential participating property owner shall be confidential and shall not be disclosed to any person except as required to administer the program and only on a need-to-know basis.
53-F:5 Eligibility of Property Owners.
I. A municipality may enter into an agreement under this chapter only with the legal owner of real property.
II. Prior to entering into an agreement with a property owner, the municipality shall determine that all property taxes and any other assessments levied with property taxes are current and have been current for 3 years or the property owner’s period of ownership, whichever is less; that there are no involuntary liens such as mechanic’s liens on the property; and that no notices of default or other evidence of property-based debt delinquency have been recorded during the past 3 years or the property owner’s period of ownership, whichever is less; and that the property owner is current on all mortgage debt on the property. The municipality shall adopt additional criteria, appropriate to property-assessed clean energy finance programs, for determining the creditworthiness of property owners.
53-F:6 Qualifying Improvements.
I. Improvements financed pursuant to an agreement under this chapter shall be based upon an audit performed by a person who has been certified as a building analyst by the Building Performance Institute or who has obtained other appropriate certification as determined by the public utilities commission or another appropriate New Hampshire-based entity. The audit shall identify recommended energy conservation and efficiency and clean energy improvements; provide the estimated energy cost savings, useful life, benefit-cost ratio, and simple payback or return on investment for each improvement; and provide the estimated overall difference in annual energy costs with and without recommended improvements. Financed improvements shall be consistent with the audit recommendations. The cost of the audit may be included in the total amount financed under this chapter.
II. Improvements shall be permanently affixed to an existing building or facility that is part of the property. An agreement between a municipality and a qualifying property owner may not cover projects in buildings or facilities under new construction.
III. Improvements shall be made by a contractor or contractors, which may include a cooperative or not-for-profit organization, determined by the municipality to be qualified to make the energy efficiency or clean energy improvements in the agreement. A municipality may accept a designation of contractors as qualified made by an electric or gas utility program or another appropriate New Hampshire-based entity. Any work requiring a license under any applicable law shall be performed by an individual holding such license. A municipality may elect to permit the financing pursuant to an agreement under this chapter of improvements made by the owner of the property, but shall not permit the value of the owner’s labor to be included in the amount financed.
IV. A municipality shall require, prior to disbursement of final payments to any contractor or vendor pursuant to an agreement with a property owner, submission by the property owner in a form acceptable to the municipality of:
(a) A post-installation report, based on an independent inspection acceptable to the municipality, certifying that improvements have been installed properly and verifying that they are performing satisfactorily; and
(b) Documentation of all costs to be financed and copies of any required permits.
53-F:7 Financing Terms.
I. Improvements shall be financed pursuant to an agreement under this chapter only on terms such that the property owner experiences a positive cash flow impact during the first year and the total energy cost savings realized by the property owner and the property owner’s successors during the useful lives of the improvements are expected to exceed the total cost to the property owner and the property owner’s successors of the improvements. In determining the amount that may be financed pursuant to an agreement under this chapter, the total amount of all rebates, tax credits, grants, and other financial assistance received by the owner on account of the improvements shall be deducted from the cost of the improvements.
II. A municipality that provides financing to participating property owners shall establish a loss reserve account and maintain funds in such account at a level that meets generally accepted standards for property-assessed clean energy finance programs.
III. The total amount of assessments for a property under this chapter shall not be less than $5,000 and shall not exceed $35,000 in the case of a single-family residential property or $60,000 in the case of a commercial, industrial, or multifamily residential property, or 15 percent of the assessed value of the property multiplied by the municipality’s current equalization ratio, whichever is less. The combined amount of assessments under this chapter, any outstanding mortgage obligations for the property, and any other outstanding debt attached to the property shall not exceed 85 percent of the assessed value of the property multiplied by the municipality’s current equalization ratio. A property owner who escrows property taxes with the holder of a mortgage on a property subject to an agreement under this chapter may be required by the holder to escrow amounts due on the assessment under this chapter and the mortgage holder shall remit such amounts to the municipality in the manner that property taxes are escrowed and remitted.
IV. The maximum term of finance provided pursuant to an agreement under this chapter shall be 20 years. The term shall in no case exceed 85 percent of the average expected useful life of all improvements, weighted by cost. Expected useful lives used for all calculations under this chapter shall be consistent with the expected useful lives of energy conservation and efficiency and clean energy measures approved by the public utilities commission for utility or other programs.
53-F:8 Collection and Enforcement. Collection of assessments under this chapter shall be made by the tax collector or other official responsible for property tax or municipal service charge collection. A municipality shall commit bills for amounts due on the assessments, including interest and any charges, to the tax collector with a warrant signed by the appropriate municipal officials requiring the tax collector to collect them. Bills for amounts due on the assessments shall coincide with bills for property taxes or municipal service charges and shall create a lien on the property pursuant to RSA 80:19. Enforcement powers for nonpayment shall be those provided under RSA 80 relative to property tax collection, including RSA 80:19. At the time of enforcement, only the past due balances of the assessment under this chapter, including all interest, charges, and penalties, shall be due for payment. Notwithstanding any other provision of law, in the event of a transfer of property ownership through foreclosure, collection by the municipality shall be limited to any past due balances and future payments shall neither be accelerated nor extinguished by foreclosure. Payment of a past due balance from the loss reserve established under this chapter shall not relieve a participating property owner from the obligation to pay that amount.
Amend the bill by replacing all after section 3 with the following:
4 Committee Established. There is established a committee to study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses.
5 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 of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
6 Duties. The committee shall study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses. The committee shall consider:
I. Allowing
II. The use of more modern billing and tracking systems such as the “feed-in tariff” approach, rather than the current “net metering” billing, metering, and tracking system.
III. Providing greater transparency in the billing and information exchange between a utility and its retail customers who have installed renewable generation on their premises.
IV. Ensuring that the regulated distribution charges are properly and fairly applied to all electric customers.
7 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.
8 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2010.
9 Findings and Purpose.
I. The general court finds that:
(a)
(b) It is in the public interest to accelerate investments in renewable energy in order to promote immediate job creation.
(c) The city
of
(d) This
project will be highly visible to citizens and visitors and provide an
educational opportunity for
(e) Since
state and federal subsidies alone are insufficient to finance the
(f) It is therefore consistent with the state’s renewable energy policy and goals to allow PSNH to retain funds collected from customers under RSA 362-F:10 to enable development of a solar photovoltaic renewable energy project in accordance with this act, subject to approval by the New Hampshire public utilities commission under paragraph VI of section 10 of this act.
II. The purpose of this act is to accelerate the development of the solar photovoltaic renewable energy project in the city of Manchester through the retention and use of funds collected by PSNH from its customers under RSA 362-F:10, subject to approval by the New Hampshire public utilities commission under paragraph VI of section 10 of this act.
10 Solar Photovoltaic Renewable Energy Project.
I. If approved by the public utilities commission, PSNH shall make the initial up-front investment required for construction of the Manchester solar photovoltaic renewable energy project, and earn a return on such investment with the opportunity for an incentive to the return on equity component as contemplated by RSA 374-G:5, IV. The costs of this project shall be recovered in the manner set forth in RSA 374-G:5, III.
II. In lieu of PSNH making full alternative compliance payments under RSA 362-F:10 for class II electric renewable energy standard obligations, PSNH may retain 75 percent of such payments up to an accumulated amount not to exceed $5,000,000, to be determined by the public utilities commission, to defray the cost of the development of the solar photovoltaic renewable energy project in Manchester, if the project is approved by the public utilities commission pursuant to paragraph VI. The amounts retained by PSNH shall be used to defray the costs of the project recovered from PSNH’s retail customers under RSA 374-G:5, III. When the nominal payments retained by PSNH equal the amount determined necessary to make the project economical under this paragraph by the public utilities commission prior to construction, PSNH shall return to routine compliance with RSA 362-F:10 for future class II electric renewable energy standard obligations.
III. The
IV. At least 75
percent of the construction jobs created by the
V. PSNH shall
engage the community college system of
VI. The Manchester
solar photovoltaic renewable energy project shall be reviewed by the public
utilities commission pursuant to RSA 374-G, except that the amount determined
by the public utilities commission under paragraph II shall be deemed an
expense that would otherwise be incurred by PSNH through alternative compliance
payments and not considered an additional or new cost to ratepayers for
purposes of determining the public interest pursuant to RSA 374-G:5, II. The treatment of renewable energy credits
generated by the
11 Reporting. If the public utilities commission approves
the
I. PSNH shall report by June 30, 2011 and annually thereafter until June 30, 2015 to the legislative oversight committee on electric utility restructuring, established under RSA 374-F:5, and the chairpersons of the house science, technology and energy committee and the senate energy, environment and economic development committee, on the progress and status of the project, including a review of the solar technology considered for this project.
II. PSNH shall report on the project in its annual compliance report to the public utilities commission pursuant to NH Admin. Rules, section Puc 2503.03.
12 Effective Date.
I. Sections 10-11 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.
2010-1949s
AMENDED ANALYSIS
This bill:
I. Allows municipalities to establish energy efficiency and clean energy districts.
II. Establishes a committee to study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses.
III. Authorizes the
development of the solar photovoltaic renewable energy project in
Senate Ways and Means
May 4, 2010
2010-1859s
09/10
Amendment to HB 1607-FN-A
Amend the title of the bill by replacing it with the following:
AN ACT relative to the reasonable compensation deduction under the business profits tax, making distributions from limited liability companies, partnerships, and associations subject to the interest and dividends tax only if they have transferable shares, and relative to the interest and dividends tax on certain distributions to investors in investment organizations.
Amend the bill by replacing all after the enacting clause with the following:
1 Purpose. The legislature finds that:
I. Good tax policy requires clear tax law that treats similarly situated business organizations equally, responds to changing business practices, provides taxpayers with clear and simple guidance, encourages compliance, and enhances the growth of jobs and income in our state.
II. The strength of
III. The business profits tax statute, RSA 77-A, was put in place in 1970 to tax the profits of businesses, excluding income earned by their owners through the provision of personal services, when natural persons. The business profits tax statute has always allowed a partnership or a proprietorship to deduct an amount attributable to the reasonable value of services provided by a partner or proprietor in connection with the business when calculating its business profits tax.
IV. The interest and dividends tax statute, RSA 77, was first enacted in 1923, and recent amendments in 2009 to extend this tax to distributions from partnerships and limited liability companies resulted in inappropriate taxation of these businesses and their owners and in unintended consequences. This act will repeal this 2009 law in its entirety to restore the interest and dividends tax statute to its terms as they existed prior to the 2009 change.
V. This act will
reform, simplify, and modernize important business profits tax rules that apply
to small businesses and their owners, will reduce costly audits, and will
restore
2 Business Profits Tax; Reasonable Compensation Deduction. RSA 77-A:4, III is repealed and reenacted to read as follows:
III.(a) In the case of any business organization filing a business profits tax return as a proprietorship or a partnership, a deduction of an amount equal to a fair and reasonable compensation for the personal services of a natural person who is a proprietor, partner, or member provided to the business organization, as exclusively determined pursuant to subparagraph (d).
(b) The purpose of this paragraph is to permit a deduction from gross business profits of such a business organization all amounts that are fairly attributable to the personal services of the proprietor, partner, or member, but not to permit a deduction from gross business profits of amounts that are attributable to a return on equity capital actually invested in the business organization. Such deductible amounts attributable to labor services would generally include amounts reported as earned income on federal tax returns, but would also include amounts attributable to personal services provided in connection with the operation and rental of real property, the sale of property and services, and other amounts due to services rendered.
(c) The deduction allowed under this paragraph may reduce a business organization’s taxable business profits below zero for any taxable period only if such compensation has actually been paid.
(d) The amount of the deduction allowed under this paragraph shall be determined using the standards set forth in section 162(a)(1) of the United States Internal Revenue Code, as it may be amended from time to time, and the Treasury Regulations, administrative rulings, and judicial cases issued thereunder.
3 Taxation of Interest and Dividends; Who Taxable. Amend RSA 77:3, I(b) to read as follows:
(b) Partnerships, limited liability companies, associations, and trusts, the beneficial interest in which is not represented by transferable shares, whose gross interest and dividend income from all sources exceeds $2,400 during the taxable year, but not including a qualified investment company as defined in RSA 77-A:1, XXI, or a trust comprising a part of an employee benefit plan, as defined in the Employee Retirement Income Security Act of 1974, section 3.
4 Taxation of Interest and Dividends; What Taxable. RSA 77:4, III is repealed and reenacted to read as follows:
III. Dividends, other than stock dividends paid in new stock of the partnership, limited liability company, association, or trust issuing the same, on shares in partnerships, limited liability companies, associations, or trusts the beneficial interest in which is represented by transferable shares.
5 New Sections; Taxation of Interests and Dividends; Partnerships and Limited Liability Companies. Amend RSA 77 by inserting after section 14 the following new sections:
77:14-a Partnerships and Limited Liability Companies. Partnerships and limited liability companies having a usual place of business in this state, any member of which is an inhabitant thereof, shall be subject to taxes imposed by this chapter. If any of the members of the partnership or limited liability company are not inhabitants of this state only so much of the income thereof as is proportionate to the aggregate interest of the partners or members who are inhabitants of this state in the profits of the partnership or limited liability company shall be taxed.
77:14-b Partners and Members. The tax shall be assessed on such a partnership or limited liability company by the name under which it does business, and the partners or members shall not be taxed with respect to the taxable income derived by them from such a partnership or limited liability company.
77:14-c Members of Partnership or Limited Liability Company Outside the State. An inhabitant of this state who is a member of a partnership or limited liability company having no usual place of business in this state, who receives income from such partnership or limited liability company derived from such a source that it would be taxable if received directly from such source by such partner or member, shall as to such income be subject to the taxes imposed by this chapter.
77:14-d Application of Sections. RSA 77:14-a to RSA 77:14-c shall apply, so far as apt, to associations and trusts, but not to partnerships, limited liability companies, associations, and trusts the beneficial interest in which is represented by transferable shares.
6 New Section; Investors in Investment Organizations Taxable Only on Portion of Distributions Attributable to Interest and Dividends. Amend RSA 77 by inserting after section 4-f the following new section:
77:4-g Investors in Investment Organizations Taxable Only on Portion of Distributions Attributable to Interest and Dividends.
I. In this section, “investment organization” means any organization, including a mutual fund, that limits its activities to investment activities involving some or all of the activities of acquiring, owning, holding, trading, managing, and disposing of equity or debt securities and activities incidental to or in support thereof.
II. Notwithstanding any other provision of RSA 77:4 to the contrary, an investor in an investment organization shall be taxable under this chapter only on the portion of distributions received from the investment organization that are attributable to interest and dividends of the investment organization, provided, however, that the portion of any such distribution attributable to interest from New Hampshire direct or municipal obligations and direct obligations of the United States government shall not be taxable under this chapter.
7 Repeal. RSA 77:1-a, relative to definitions, is repealed.
8 Applicability.
I. Section 2 of this act shall apply with respect to taxable periods ending on or after June 30, 2010.
II. Sections 3-5 and 7 shall apply to taxable periods ending on or after December 31, 2010.
10 Effective Date.
I. Section 6 of this act shall take effect July 1, 2010.
II. The remainder of this act shall take effect upon its passage.
2010-1859s
AMENDED ANALYSIS
This bill changes certain requirements for the reasonable compensation deduction under the business profits tax. The bill makes distributions from limited liability companies, partnerships, and associations subject to the interest and dividends tax only if they have transferable shares.
This bill also establishes that investors in investment organizations shall be taxed under the interest and dividends tax only on the portion of distributions received from the investment organization which are attributable to interest and dividends.
Senate Ways and Means
May 4, 2010
2010-1855s
09/04
Amendment to HB 1615
Amend RSA 83-F:3 as inserted by section 2 of the bill by replacing it with the following:
83-F:3 Determination of
Value. On or before December 1 of the
tax year, the commissioner shall determine the market value of utility
property for the purposes of this chapter by [appraising such property at
its full and true value] utilizing generally accepted appraisal
methods and techniques. Market value
means the property’s full and true value as defined under RSA 75:1. The commissioner shall hold a public hearing
prior to performing an assessment, in order to receive public input on
assessments under this chapter. Notice
of such determination shall be given to the taxpayer within 15 days of the
commissioner’s determination.
2010-1855s
AMENDED ANALYSIS
This bill requires utility property to be appraised at market value for purposes of the utility property tax. The bill requires the commissioner of the department of revenue administration to hold a public hearing prior to performing an assessment for valuation of utility property. The bill also changes a notice requirement to the department of revenue administration for transfers of utility property or assets.
Transportation and Interstate Cooperation
May 6, 2010
2010-1965s
06/03
Amendment to HB 2010
Amend the title of the bill by replacing it with the following:
AN ACT relative to the state 10-year transportation improvement
program, authorizing the issuance of federal highway grant anticipation bonds
to finance the replacement of the
Amend the bill by replacing all after section 5 with the following:
6 Legislative Appropriation of Passenger Railroad Expenditures. Prior to the expenditure of any state or federal moneys by the state of New Hampshire, or its representatives, on the construction or reconstruction of any passenger railroad infrastructure, or the operation of passenger railroad service, the department of transportation and the New Hampshire rail transit authority shall first receive approval from the general court, or from the fiscal committee if the general court is not in session, for both the capital and operating budgets related to passenger rail service. Said legislation should, pursuant to house and senate rules, be sent to the public works and highways and finance committees in the house of representatives and the transportation and interstate cooperation and finance committees in the senate, prior to its being acted on by the respective legislative bodies. This section shall not apply to federal money received or expended for planning purposes or studies related to passenger rail service.
7 Integration of Mass
Transit. For purposes of planning and
implementation, the department of transportation shall insure that all forms of
intermodal transportation, including mass transit, intracity, intercity, and
interstate bus service, rail, and maritime passenger services are fully
integrated, to the degree practicable, throughout
8 State Transportation Improvement Plan. Amend RSA 240:2 to read as follows:
240:2
Project Priority. To the
extent practicable the projects shall be implemented in the order shown in the[
report] plan.
9 New Section; Plan. Amend RSA 240 by inserting after section 2 the following new section:
240:2-a Plan. In this chapter a plan means the “State of New Hampshire Ten-Year Transportation Improvement Plan 2011-2020” and any succeeding plan adopted by the general court pursuant to RSA 228:99 and RSA 240 of the laws of New Hampshire.
10 Implementation of Plan. Amend RSA 240:3, IV and the introductory paragraph of paragraph V to read as follows:
IV. The [department]
governor
shall transmit the plan to the general court by January 15 of each
even-numbered year. Projects listed in
the plan shall be listed by the year the funds are to be expended and the 10
years of the plan shall be financially constrained.
V. Projects listed
in the plan, except projects which are solely for infrastructure preservation or
which stem from statewide transportation programs included in the plan,
shall be prioritized based on a department of transportation methodology that
examines the certainty of a project relative to its scope, cost,
constructability, [permitibility] permitability, and public support,
provided that the project has the following:
11 Implementation of Plan. Amend RSA 240:3, VII(b) to read as follows:
(b) Is no
longer financially [and] or environmentally feasible; or
12 Issuance of Revenue
Bonds; Replacement of Memorial Bridge in
228-A:2 Issuance of
Revenue Bonds. The state may issue bonds
under this chapter to be known as “federal highway grant anticipation
bonds.” The bonds may be issued from
time to time for the purpose of financing project costs related to the widening
of Interstate 93 from
13 New Section; Commission Established. Amend RSA 240 by inserting after section 3 the following new section:
240:4 Commission Established.
I. There is established a commission to study the F.E. Everett Turnpike.
II. The members of the commission shall be as follows:
(a) One member of the house of representatives, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(c) The mayor of the city of
(d) The
mayor of the city of
(e) The
director of the
(f) One
representative of the southern
(g) One representative of the Greater Nashua Chamber of Commerce, appointed by that organization.
(h) One representative of the Greater Manchester Chamber of Commerce, appointed by that organization.
(i) The chairman of the town of
(j) The commissioner of the department of transportation, or designee.
(k) Two members appointed by the governor.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission
shall study the best location of the southbound and northbound mainline open
road toll lanes on the F.E. Everett Turnpike.
The study shall include the locations to be tolled, the recommended
rate, the feasibility of eliminating one or more tolls at the exit ramps in
V. The commissioner of the department of transportation or designee shall be the chairperson of the commission. The first meeting of the commission shall be called by the chairperson. The first meeting of the commission shall be held within 45 days of the effective date of this section.
VI. The commission shall report its findings and any recommendations for proposed legislation to the governor, GACIT, and the general court on or before January 15, 2011.
14 Repeal. RSA 240:4, relative to the commission to study the F.E. Everett Turnpike, is repealed.
15 Effective Date.
I. Section 14 of this act shall take effect January 16, 2011
II. The remainder of this act shall take effect upon its passage.
2010-1965s
AMENDED ANALYSIS
This bill:
I. Adopts the 10-year transportation improvement plan for 2011-2020.
II. Requires the general
court to approve capital and operating budgets prior to an expenditure by the
department of transportation and the
III. Requires the department of transportation to integrate other forms of mass transit into implementation of any passenger rail service.
IV. Authorizes the
issuance of federal highway grant anticipation bonds to finance costs relating
to the replacement of the
V. Establishes a commission to study the F.E. Everett Turnpike.
HEARINGS
FRIDAY, MAY 7, 2010
JOINT SENATE AND HOUSE COMMERCE HEARING, Rooms 302-304, LOB
Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge
9:00 a.m. REGARDING THE STATE’S REGULATORY OVERSIGHT OF FINANCIAL RESOURCES MORTGAGE, INC. AND SIMILAR COMPANIES.
TUESDAY, MAY 11, 2010
COMMERCE, LABOR AND CONSUMER PROTECTION, Room 102, LOB
Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge
8:30 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION
JOINT SENATE FINANCE AND WAYS AND MEANS COMMITTEES
10:15 a.m. Room 100, SH Revenue projections
FRIDAY, MAY 14, 2010
JOINT SENATE AND HOUSE COMMERCE HEARING, Rooms 302-304, LOB
Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge
9:00 a.m. REGARDING THE STATE’S REGULATORY OVERSIGHT OF FINANCIAL RESOURCES MORTGAGE, INC. AND SIMILAR COMPANIES.
FRIDAY, MAY 21, 2010
JOINT SENATE AND HOUSE COMMERCE HEARING, Rooms 302-304, LOB
Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge
9:00 a.m. REGARDING THE STATE’S REGULATORY OVERSIGHT OF FINANCIAL RESOURCES MORTGAGE, INC. AND SIMILAR COMPANIES.
FRIDAY, MAY 28, 2010
JOINT SENATE AND HOUSE COMMERCE HEARING, Rooms 302-304, LOB
Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge
9:00 a.m. REGARDING THE STATE’S REGULATORY OVERSIGHT OF FINANCIAL RESOURCES MORTGAGE, INC. AND SIMILAR COMPANIES.
MEETINGS
FRIDAY, MAY 7, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
10:00 a.m. Room 102, LOB Non-public session of Complaint Review Committee
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
1:00 p.m. Room 102, LOB Regular Meeting
MONDAY, MAY 10, 2010
JOINT COMMITTEE ON
HOUSE ADDRESS:
HA 2, House Address: for the removal of Lucinda Sadler, district court judge, from her said office.
HA 3, House
Address: for the removal of Philip
Cross, marital master in the judicial branch family division in the Derry
District Court, from his said office.
9:00 a.m. Rooms 206-208, LOB Regular Meeting
DEVELOPMENTAL DISABILITY AND ACQUIRED BRAIN DISORDER
WAITLIST AND SERVICES FUND ALLOCATION OVERSIGHT COMMITTEE (RSA 171-A:1-c)
9:30 a.m. Room 207, LOB Regular Meeting
COMMISSION TO
10:30 a.m. Room 305, LOB Subcommittee Meeting
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)
1:00 p.m. Room 205, LOB Regular Meeting
COMMISSION TO STUDY FUTURE SUSTAINABLE REVENUE SOURCES FOR FUNDING IMPROVEMENTS TO STATE AND MUNICIPAL HIGHWAYS AND BRIDGES (HB 2, Chapter 144:291, I, Laws of 2009)
2:00 p.m. Room 201, LOB Presentation by Council of State Government
TUESDAY, MAY 11, 2010
CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2)
3:30 p.m. Room 201, LOB Regular Business
HOME EDUCATION ADVISORY COUNCIL (RSA 193-A:10)
3:30 p.m. Department of Education Regular Meeting
101 Pleasant Street, Room 12
THURSDAY, MAY 13, 2010
JOINT LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I:1)
1:00 p.m. Room 100, SH Regular Meeting
FRIDAY, MAY 14, 2010
ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)
9:00 a.m. Public Utilities
Commission Regular
Meeting
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
Cancelled Rooms 210-211, LOB Regular Business
TASK FORCE TO DEVELOP A PERFORMANCE-BASED SCHOOL ACCOUNTABILITY SYSTEM (RSA 193-E:3-c)
9:00 a.m. Department of Education Regular Meeting
State Board Room
101 Pleasant Street
WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62)
9:00 a.m. Room 205, LOB Regular Meeting
STATE SUGGESTION AND EXTRAORDINARY SERVICE AWARD EVALUATION COMMITTEE (RSA 99-E:1,I)
9:30 a.m. Room 101, LOB Regular Meeting
COMMISSION TO STUDY THE DEATH PENALTY IN
10:00 a.m. Rooms 305-307, LOB Regular Meeting
ESTABLISHING A COMMISSION TO DEVELOP A LEGISLATIVE PLAN TO MEET THE NEEDS OF CERTAIN ADULTS WITH DEVELOPMENTAL DISABILITIES (SB 112, Chapter 255:1, Laws of 2009)
11:00 a.m. Room 100, SH Regular
Meeting
CITIZEN-FUNDED ELECTION TASK FORCE (HB 513, Chapter 237:1, Laws of 2009)
1:00 p.m. Room 103, SH Regular Meeting
1:30 p.m. Room
205, LOB Regular Meeting
MONDAY, MAY 17, 2010
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 100, SH Regular Meeting
NH COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2)
10:00 a.m. NH Higher Education Quarterly Meeting
Assistance Foundation
COMMISSION TO
1:00 p.m. Room 305, LOB Regular Meeting
LEGISLATIVE ETHICS COMMITTEE (RSA 14-B:2)
1:00 p.m. Room 100, SH Regular
Meeting
tuesday, may 18, 2010
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
9:00 a.m. Rooms 210-211, LOB Regular Business
9:30 a.m. Rooms 210-211, LOB Audit:
State
of
Office of Energy and Planning
Financial Audit Report for the Fiscal Year ended June 30, 2009
THURSDAY, MAY 20, 2010
ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21)
3:00 p.m. Department of Education Regular Meeting
FRIDAY, MAY 21, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Regular Meeting
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
10:00 a.m. Room 102, LOB Non-Public Session of Complaint Review Committee
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
1:00 p.m. Room 102, LOB Regular Meeting
friday, may 28, 2010
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
9:30 a.m. New Hampshire Department Regular Meeting
of Revenue Administration
109 Pleasant Street
tuesday, june 1, 2010
COMMUNITY COLLEGE SYSTEM LEGISLATIVE OVERSIGHT COMMITTEE (SB 82, Chapter 361:37, Laws of 2007)
11:00 a.m. Room 212, LOB Regular Meeting
friday, june 4, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
MONDAY, JUNE 7, 2010
CITIZENS TRADE POLICY COMMISSION (RSA 19-L:1)
9:00 a.m. Room 307, LOB Regular Meeting
COMMISSION TO EXAMINE DRIVING WHILE IMPAIRED EDUCATION
AND INTERVENTION PROGRAMS (HB 1311,
Chapter 256:10, Laws of 2008)
1:30 p.m. Room 202, LOB Regular Meeting
FRIDAY, JUNE 11, 2010
TASK FORCE TO DEVELOP A PERFORMANCE-BASED SCHOOL
ACCOUNTABILITY SYSTEM (RSA 193-E:3-c)
9:00 a.m. Department of Education Regular Meeting
State Board Room
101 Pleasant Street
STATE SUGGESTION AND EXTRAORDINARY SERVICE AWARD EVALUATION COMMITTEE (RSA 99-E:1,I)
9:30 a.m. Room 101, LOB Regular Meeting
ESTABLISHING A COMMISSION TO DEVELOP A LEGISLATIVE PLAN
TO MEET THE NEEDS OF CERTAIN ADULTS WITH DEVELOPMENTAL DISABILITIES (SB 112, Chapter 255:1, Laws of 2009)
11:00 a.m. Room 100, SH Regular Meeting
friday, june 18, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Regular Meeting
GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE
PREVENTION, INTERVENTION, AND TREATMENT (RSA 12-J:1)
9:30 a.m. Rooms 305-307, LOB Regular Meeting
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
10:00 a.m. Room 102, LOB Non-Public Session of the Complaint Review Committee
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
1:00 p.m. Room 102, LOB Regular Meeting
MONDAY, JUNE 21, 2010
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 100, SH Regular Meeting
friday, june 25, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
9:30 a.m. New Hampshire Department Regular Meeting
of Revenue Administration
109 Pleasant Street
********
SENATE BILLS AMENDED BY THE HOUSE
SB 59, relative to the renovation and replacement of school buildings.
SB 123, (New Title) relative to agricultural restricted grants.
SB 128, (2nd New title) relative to the community revitalization tax relief incentive, and clarifying the authority of towns to respond appropriately to the American Recovery and Reinvestment Act of 2009 and similar acts.
SB 150, (New Title) relative to low-speed utility vehicles and relative to registration fees for certain special number plates for veterans.
SB 157, (New Title) relative to the procedure for listing candidates on election ballots and establishing a citizen-funded election task force.
SB 166-FN, relative to mineral extraction,
mining, and reclamation in
SB 193, relative to the interest rate on small loans and relative to the definition of lender for purposes of regulating such loans.
SB 205-FN, making various changes to the criminal statutes.
SB 302, relative to notice of driver's
license expiration.
SB 305, naming a bridge in
SB 319, (New Title) relative to purchases by on-premises alcoholic beverages licensees and relative to liquor licenses.
SB 322, allowing the director of the
division of state police to place an employee on administrative leave in
extraordinary circumstances.
SB 326, relative to certain extensions for temporary plates.
SB 327, relative to disclosure of electric service energy sources and environmental characteristics.
SB 329, (New Title) relative to the bonds of county officers, and relative to the form of constitutional questions on the ballot.
SB 346-FN-L, relative to sheriffs' fees for service of civil process.
SB 370, (New Title) relative to sewage
disposal systems.
SB 383-FN, (New Title) relative to net operating loss carryovers under the business profits tax and relative to economic revitalization zone tax credits.
SB 390-FN, relative to health insurance premium only cafeteria plans.
SB 394-FN, relative to dealing in counterfeit goods.
SB 402-FN, (New Title) relative to state-owned vehicles.
SB 404, relative to towing and disposal of abandoned vehicles.
SB 405, relative to grounds for revocation of school bus driver's certificate.
SB 406, relative to merger of lots or
parcels.
SB 411, relative to permitting of large groundwater withdrawals.
SB 413, relative to obstructions on motor vehicle windows.
SB 421, relative to the laws regulating
trusts and trust companies in
SB 424, relative to the consumer advocate's access to confidential information provided to the public utilities commission.
SB 433, relative to underground facility damage prevention and establishing the position of director of safety and security of the public utilities commission.
SB 436, relative to health insurance open enrollment periods and establishing a commission relative to children's health insurance.
SB 437, relative to the authority of district court justices to issue emergency orders in any district court.
SB 438, relative to procedures in small claims actions.
SB 439, making technical corrections and
changes to court sites and names.
SB 440, (New Title) relative to executive branch ethics and establishing a committee to study the impact of implementing a 10-hour per day, 4-day week for state employees.
SB 441, relative to the lakes management and protection program.
SB 442, relative to the grant program to administer exotic aquatic plant prevention.
SB 448, relative to alternate members of land use boards.
SB 457-FN, authorizing identifying decals for custom vehicles.
SB 463-FN, relative to regulation of mental health practitioners by the board of mental health practice.
SB 464, relative to speed limits on
SB 465-FN-L, relative to the transition period for implementing the adequacy aid formula.
SB 478, (Second New Title) relative to the appointments to the board of home inspectors, the administrative attachment of the plumbers’ board, and retired status for licensed architects.
SB 484, (New Title) allowing the
SB 486-FN-L, relative to the school building aid program.
SB 494, relative to legislative study committees.
SB 500-FN, implementing changes in the probation, parole, and sentencing of certain offenders in an effort to increase public safety, strengthen community supervision, and reduce recidivism.
SB 505-FN-A, (New Title) establishing the commission on health care cost containment and appropriating a special fund.
SB 510, establishing a commission to evaluate the parity between oral and intravenous chemotherapy.
SB 514, relative to commercial weighing or measuring devices.
SCR 1, urging Congress to fund the
construction of a full-service veterans' hospital in
********
ENROLLED BILL
AMENDMENTS ARE AVAILABLE IN THE SENATE CLERK'S OFFICE FOR 2010 BILLS:
SENATE BILLS:
460, 501
HOUSE BILLS: 587,
615, 1139, 1193, 1245, 1281, 1292, 1548-FN, 1634-FN, 1649-FN
********
FISCAL NOTE ADDITIONS
AND UPDATES HAVE BEEN AMENDED TO THE BILLS ON THE WEB SITE AND ARE AVAILABLE IN
THE SENATE CLERK'S OFFICE FOR THE FOLLOWING 2010 BILLS:
SENATE BILLS: 72,
73, 157, 166, 313, 344, 359, 361, 365, 383, 390, 392, 393, 394, 397, 402, 425, 450,
452, 456, 457, 463, 470, 471, 474, 483, 485, 486, 489, 495, 497, 500, 501, 502,
505, 511, 513, 517, 519, 520.
HOUSE BILLS: 213,
232, 507, 558, 561, 564, 569, 626, 629, 660, 1149, 1155, 1166, 1168, 1239, 1240,
1279, 1281, 1291, 1292, 1293, 1334, 1335, 1367, 1378, 1380, 1452, 1508, 1513, 1515,
1516, 1519, 1541, 1544, 1569, 1572, 1606, 1607, 1609, 1610, 1620, 1651, 1655, 1688.
NOTICES
MONDAY, MAY 10, 2010
It is time for another Legislative Orientation Day sponsored
by Gun Owners of New Hampshire. This year, it will be held the day after
Mother’s Day, on May 10, 2010. It will start at 10:00 a.m. and end at 3:00
p.m., at Sunset Mountain Fish and Game Club in
From North or South, take Route 93 to Exit 18. Take a left at the end of the exit. The Club will be on the left, after the gas station and store.
Senator Robert J. Letourneau
********
TUESDAY, MAY 11, 2010
Register! On Tuesday, May 11th, The Governor’s
Conference on Volunteerism will be held at the NH Technical Institute in
Senator David R. Boutin
********
WEDNESDAY, MAY 19, 2010
The 8th Annual Rock 'N ' Race to benefit the Concord
Hospital Payson Center for Cancer Care will be taking place on Wednesday, May 19th
at 6:00 p.m. There will be heavy foot traffic around the State House as
there will be over 6,000 participants. The start of the race will take place on
Sylvia B. Larsen, Senate President
********
WEDNESDAY, JUNE 9, 2010
The NH Child
Advocacy Network (NH CAN), a program of the Children's Alliance of NH, invites
you to participate in its Annual Spring Work Groups and End of Session
Celebration on Wednesday, June 9 at the NH Higher Education Assistance
Foundation (NHHEAF),
Senator Kathleen G. Sgambati
********
FRIDAY, JUNE 18, 2010
The 37th Annual Bill White & Junie Blaisdell Ceremonial
& Memorial Legislative Golf Tournament for the benefit of the American
Heart Association is scheduled for Friday, June 18 at the Beaver
Meadow Golf Club,
Registration begins at 7:15 a.m. and the shotgun start is scheduled for 8:30 a.m. The format is “Captain and Crew.”
Sign-up as a foursome or sign-up by yourself in order to be
placed in a foursome.
Please note that, for planning purposes, payment must be made no later than June 11th. There will be no exceptions to this rule! Cancellation must occur two weeks prior to the tournament date to receive a refund.
Return your entry and payment no later than June 2nd to Bob Blaisdell to receive the discounted rate and reserve your spot or no later than June 11th to reserve your spot at the regular rate.
Checks should be made payable to: NH Legislative Golf
Committee. Mailed to: Bob Blaisdell, The Demers Group,
------------------------------------------------------------------------------------------------------------------------------------------
37th Annual Bill White & Junie Blaisdell Ceremonial & Memorial Golf Tournament
Beaver Meadow Golf Course
Name: 1. _________________________________________________________
2. _________________________________________________________
3. _________________________________________________________
4. _________________________________________________________
Telephone: _________________________ Amount Enclosed: ____________
Senator Michael W. Downing
********
SENATE SCHEDULE
Thursday, May 13, 2010 Last Day to ACT on all remaining House bills.
Wednesday, May 19, 2010 Last day to FORM Committees of Conference.
Thursday, May 27, 2010 at 12:00 p.m. Last day to SIGN Committee of Conference Reports.
Monday, May 31, 2010 Memorial
Day (State
Wednesday, June 2, 2010 Last day to ACT on Committee of Conference Reports.
Monday, July 5, 2010 Fourth
of July (State
Monday, September 6, 2010 Labor
Day (State
Thursday, November 11, 2010 Veterans'
Day (State
Thursday, November 25, 2010 Thanksgiving
Day (State
Friday, November 26, 2010 Day
after Thanksgiving (State
Friday, December 24, 2010 Christmas
Day (State
********
VISITORS' CENTER SCHEDULE - MAY
State House Visitation Schedule
As a convenience to the members of the NH General Court, the Visitors’ Center offers the following schedule of schools and other groups visiting the State House in May. These listings are to ensure all members be notified in a timely manner of visitors from their district. Our schedule is tightly booked for the school year and subject to changes.
Please contact the Visitors’ Center concerning school tour booking information. Legislators planning to meet with students should notify the Visitors’ Center. Thank you for your continued participation with your School Visitation Program.
Virginia J. Drew, Director Deborah Rivers, Public Information Administrator
|
DATE |
TIME |
GROUP |
Group#/Grade |
|
May 7 |
9:00 |
World Affairs Council – |
5 |
|
May 7 |
9:00 |
|
33/4 |
|
May 7 |
10:00 |
|
20/3&4 |
|
May 7 |
10:00 |
|
30/4 |
|
May 7 |
11:30 |
|
50/4 |
|
May 10 |
8:30 |
|
20/4 |
|
May 10 |
10:00 |
|
48/4 |
|
May 10 |
12:00 |
|
28/4&5 |
|
May 10 |
3:00 |
Homebuilders & Remodelers Assoc. of NH |
|
|
May 11 |
9:30 |
Jennie D. Blake Elementary- Hill |
21/4 |
|
May 11 |
10:00/11:15 SH/HM |
|
65/4 |
|
May 12 |
8:30 |
|
34/HS |
|
May 12 |
9:30/11:00 SH/HM |
|
75/4 |
|
May 13 |
9:30 |
|
40/4 |
|
May 13 |
10:30/12:00 SH/HM |
|
100/4 |
|
May 13 |
11:00 |
Sen.Carson/Rose Bowl Parade Group |
11+ |
|
May 13 |
1:00 |
By the Book Home Educators Homeschool |
6 |
|
May 13 |
1:00 |
|
28/4 |
|
May 14 |
9:00 |
World Affairs |
10 |
|
May 14 |
10:00 |
|
50/4 |
|
May 14 |
10:30 |
|
30/4 |
|
May 14 |
11:00 |
|
41/4 |
|
May 14 |
11:45 |
|
40/8 |
|
May 14 |
12:00 |
Project Citizen- |
55/6-8 |
|
May 17 |
10:00 |
|
50/4 |
|
May 17 |
10:30/12:00 SH/SC |
|
70/4 |
|
May 18 |
9:00 |
|
45/4 |
|
May 18 |
9:30 |
Salt & Light Homeschool- Nashua |
12/2-5 |
|
May 18 |
10:00/11:15 SH/HM |
Conant/Rumford School – |
88/4 |
|
May 19 |
9:30/11:00 SH/HM |
|
105/4 |
|
May 19 |
1:00 |
Immaculate Conception Apostolic School- Meredith |
25/HS |
|
May 20 |
9:00 |
|
9/4 |
|
May 20 |
10:00 |
|
30/4 |
|
May 20 |
11:00 |
Pleasant St. School – |
56/4 |
|
May 21 |
10:00 |
|
45/4 |
|
May 21 |
9:00 |
New |
26/4 |
|
May 21 |
11:30 |
|
44/4 |
|
May 21 |
12:45 |
|
27/HS |
|
May 24 |
11:00 |
St. Patrick’s School – Jaffrey |
18/4 |
|
May 24 |
9:00 |
|
47/4 |
|
May 24 |
10:00 |
Dr. Lewis Soule School – |
50/4 |
|
May 24 |
11:15 |
|
36/4 |
|
May 25 |
9:00 |
|
45/4 |
|
May 25 |
10:00/11:30 SH/HM |
|
85/4 |
|
May 26 |
10:00 |
|
13/4 |
|
May 26 |
10:00 |
|
14/6 |
|
May 26 |
12:00 |
St. Elizabeth Seton School- |
15/4 |
|
May 27 |
9:30/11:00 SH/HM |
|
66/4 |
|
May 27 |
10:00 |
|
12 |
|
May 28 |
10:00 |
|
26/4 |
|
May 28 |
1:00 |
|
26/4 |
|
May 28 |
10:00 |
|
45/4 |
|
May 28 |
11:00 |
|
52/4 |