January 14, 2010
No. 3A
STATE OF
WEB SITE ADDRESS:
www.gencourt.state.nh.us
Second Year of
161st Session of the
Legislative
SENATE
CALENDAR
ADDENDUM
REPORTS,
AMENDMENTS
THE SENATE WILL MEET IN SESSION ON THURSDAY, JANUARY 21, 2010, AT 10:00 A.M.
THE SENATE WILL MEET IN JOINT CONVENTION WITH THE HOUSE OF
REPRESENTATIVES FOR THE GOVERNOR'S STATE OF THE STATE
REPORTS
COMMERCE, LABOR AND CONSUMER PROTECTION
SB 61, relative to consumer credit report of satisfied debts.
Interim Study, Vote 6-0.
Senator Reynolds for the committee.
SB 94, relative to the creation of express trusts for payment of claims for materials and services rendered in building projects.
Interim Study, Vote 6-0.
Senator Bragdon for the committee.
SB 445, relative to funds chargeable for unemployment compensation.
Ought to Pass, Vote 6-0.
Senator Hassan for the committee.
HB 216-FN, relative to fees for legal services rendered to workers' compensation claimants.
Ought to Pass with Amendment, Vote 6-0.
Senator Hassan for the committee.
ELECTION LAW AND VETERANS' AFFAIRS
SB 324, relative to financial disclosures.
Ought to Pass, Vote 5-0.
Senator Lasky for the committee.
HB 276-FN, relative to challenges of voters.
Ought to Pass, Vote 3-2.
Senator Houde for the committee.
HEALTH AND HUMAN SERVICES
SB 318, relative to the authority to dispense therapeutic contact lenses.
Ought to Pass, Vote 3-0.
Senator Gilmour for the committee.
SB 320, relative to occupational exposure to the human immunodeficiency virus.
Ought to Pass, Vote 3-0.
Senator Kelly for the committee.
HB 658-FN, relative to housing assistance for recipients of Temporary Assistance to Needy Families (TANF).
Interim Study, Vote 4-1.
Senator Sgambati for the committee.
WAYS AND MEANS
SB 181-FN-A, relative to the liquor commission and alcoholic beverages.
Ought to Pass with Amendment, Vote 4-0.
Senator Odell for the committee.
AMENDMENTS
Senate Ways and Means
January 19, 2010
2010-0181s
03/01
Amendment to SB 181-FN-A
Amend the title of the bill by replacing it with the following:
Amend the bill by replacing all after the enacting clause with the following:
1 Repeal. 2009, 144:163 through 144:175, relative to transferring liquor enforcement to the department of safety, are repealed.
2 Committee to Study the Administrative Structure and Adjudicative Process at the Liquor Commission.
I. There is established a committee to study the administrative structure and adjudicative process at the liquor commission.
II. 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.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall study:
(a) Whether the liquor commission should have an executive director rather than a full-time 3-member commission;
(b) How best to ensure impartial review of appeals of licensing and enforcement decisions; and
(c) How best to ensure that the enforcement division is properly supervised, contains its function to that of a regulatory authority, and guards against overly broad interpretation of its function.
V. 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.
VI. 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.
3 Effective Date. This act shall take effect upon its passage.
2010-0181s
AMENDED ANALYSIS
This bill repeals the transfer of liquor enforcement to the department of safety scheduled to take effect July 1, 2010. This bill also establishes a committee to study the administrative structure and adjudicative process at the liquor commission.
Commerce, Labor and Consumer Protection
January 19, 2010
2010-0178s
01/05
Amendment to HB 216-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Workers’ Compensation; Awards of Fees and Interest. Amend RSA 281-A:44, VI to read as follows:
VI. No attorney
representing a claimant shall contract for, charge for, or collect a fee for
legal service rendered to the claimant at the department level unless the fee
has been approved by the commissioner.
In determining the amount of the allowable fee, the commissioner shall
consider, among other things, the nature, length and complexity of the service
performed, the usual and customary charge for work of the like kind and the
benefit accruing to the claimant as a result of the legal service performed;
provided, however, that when an insurance carrier, self insurer, or payor
acting on behalf of such carrier or self insurer disputes the causal
relationship of a medical bill to the claimant’s injury, or whether a medical
bill was required by the nature of the injury, and denies payment of such bill,
is after a hearing, ordered to pay or reimburse the bill by the commissioner,
the claimant shall be entitled to reimbursement of reasonable counsel fees and
costs as approved by the commissioner.
The claimant shall be entitled to reasonable fees and costs pending
appeal. In the event that the medical
bill is voluntarily accepted less than 7 business days prior to the date of the
scheduled hearing, the claimant shall be entitled to reasonable counsel fees
and costs as approved by the commissioner unless the carrier can prove a
justifiable reason for the delay in accepting the bill.
2 Effective Date. This act shall take effect January 1, 2011.