SENATE
JOURNAL 9 (cont.)
April 6, 2000
Out of Recess.
INTRODUCTION OF SENATE BILLS
Senator Cohen offered the following Resolution:
RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 469-SCR 7 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.
Adopted.
First and Second Reading and Referral
SB 469, relative to mutual insurance holding companies.(Sponsors: Sen. Fraser, Dist 4; Rep. McGough, Hills 18; Rep. Francoeur, Rock 22; Rep. T. Reardon, Merr 23) Insurance
SB 470, relative to the administrative authority of the board of trustees for the regional community-technical colleges. (Sponsors: Sen. Johnson, Dist 3; Sen. D’Allesandro, Dist 20; Rep. Turner, Belk 7) Education
SB 471, relative to authorizing the town of Seabrook to establish a reserve fund for tax stabilization related to the decommissioning of the Seabrook nuclear plant and ratifying article 12 of the 1999 Seabrook annual town meeting. (Sponsors: Sen. Hollingworth, Dist 23; Rep. O’Keefe, Rock 21) Executive Departments and Administration
SCR 7, urging the federal government to consider the impacts on New Hampshire and the smaller states of interstate waste legislation. (Sponsors: Sen. Russman, Dist 19; Sen. Johnson, Dist 3; Sen. Pignatelli, Dist 13; Sen. Cohen, Dist 24; Sen. Below, Dist 5; Rep. Musler, Straf 6; Rep. Patten, Carr 9; Rep. Hess, Merr 11; Rep. Bradley, Carr 8; Rep. M. Fuller Clark, Rock 36) Environment
HOUSE MESSAGE
The House of Representatives has passed Bills and Resolutions with the following titles, in the passage of which it asks the concurrence of the Senate:
HB 417-FN-A, relative to the rehabilitation of the Walker building at New Hampshire hospital and making an appropriation therefor.
HB 1107, relative to the duties of the oversight committee on telecommunications concerning telephone utility line use congestion.
HB 1144-L, establishing a committee to study the exemption from property taxes for not-for-profit hospitals.
HB 1145, limiting the liability of state certified fire instructors.
HB 1177, relative to the effective date of legislation establishing a chaptered or statutory legislative committee.
HB 1183, relative to consumer access to providers for the term of the consumer's health benefit plan and relative to the committee studying certain financial arrangements.
HB 1188-FN-L, relative to alternative kindergarten programs.
HB 1195, making technical changes to the law regulating acupuncture.
HB 1203-L, relative to the adoption of rules by the commissioner of cultural resources regarding public libraries.
HB 1209, relative to the construction and reconstruction of class B and class C dams.
HB 1224, relative to the process for nonrenewal of teacher contracts.
HB 1236, relative to an informed jury.
HB 1259-FN, establishing a coordinated and comprehensive effort by state agencies for economic growth, resource protection, and planning policy to encourage smart growth.
HB 1270-FN-L, relative to charter schools and open enrollment districts.
HB 1281, relative to disqualification of public utility commissioners.
HB 1294-L, relative to regional planning commissions.
HB 1308, relative to nomination paper requirements.
HB 1309, relative to wood-to-energy rate order buydowns.
HB 1329, relative to the termination of residential electric or gas utility service, the public utility commission's rulemaking authority, and the establishment of a gas utility restructuring oversight committee.
HB 1335, requiring hospitals to disclose certain information to the attorney general.
HB 1338, increasing the membership of the American and Canadian French cultural exchange commission.
HB 1342-FN, directing the department of environmental services to adopt concentration limits for certain compounds in land applied sludge.
HB 1371, relative to allocation and distribution of funds for community-based prevention and diversion programs for children and juveniles.
HB 1410, relative to the joint health council.
HB 1412, relative to electric customer-generators.
HB 1414, authorizing the department of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, promoting the use of less polluting marine engines by the state and others, extending the reporting date of the committee to study the requirements for usage of MTBE, requiring a certification of understanding by certain municipal electric utilities, and relative to ambient groundwater quality standards.
HB 1418-FN-L, relative to mercury-containing products.
HB 1431, relative to protective orders in domestic violence cases.
HB 1459, requiring the state police to record and update information relative to the charges of criminal and civil non-support.
HB 1467-FN, relative to the registration of mail-order pharmacies.
HB 1468-FN, relative the registration of pharmacy technicians.
HB 1506, extending the reporting date of the committee studying ambulatory surgical facilities and relative to the threshold limit for certain new health facilities under RSA 151-C.
HB 1525, establishing a legislative oversight committee to review the procedures of the health services planning and review board.
HB 1552-FN-A, establishing a telecommunications development initiative in New Hampshire and making an appropriation therefore.
HB 1563-FN-L, establishing the Wolfeboro Airport Authority.
HB 1589, prohibiting the use of genetic testing for certain insurance policies.
HB 1606, establishing the governor's commission on alcohol and drug abuse prevention, intervention, and treatment.
HB 1611, recodifying the state's DWI laws.
HB 1619-FN, relative to school employee and volunteer background investigations.
HB 1620-FN, relative to driver record information.
HB 1621-FN, allowing administrative home confinement for habitual offenders.
HB 1622-L, eliminating the requirement that a deputy town clerk have his or her domicle within the town.
HCR 27, requesting Congress to propose an amendment to the U.S. Constitution to prevent federal courts from instructing states or political subdivisions of states to levy or increase taxes and urging the federal government to allow states to exercise greater control over state-specific banking interests.
HCR 34, urging Congress to investigate the rising prices of gasoline and diesel fuel and take appropriate action to decrease prices to consumers.
HJR 22, relative to the unintended consequences of the Balanced Budget Act of 1997.
INTRODUCTION OF HOUSE BILLS
Senator Cohen offered the following Resolution:
RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 417-HJR 22 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.
Adopted.
First and Second Reading and Referral
HB 417-FN-A, relative to the rehabilitation of the Walker building at New Hampshire hospital and making an appropriation therefor. Capital Budget
HB 1107, relative to the duties of the oversight committee on telecommunications concerning telephone utility line use congestion. Executive Departments and Administration
HB 1144-L, establishing a committee to study the exemption from property taxes for not-for-profit hospitals. Ways and Means
HB 1145, limiting the liability of state certified fire instructors. Executive Departments and Administration
HB 1177, relative to the effective date of legislation establishing a chaptered or statutory legislative committee. Internal Affairs
HB 1183, relative to consumer access to providers for the term of the consumer's health benefit plan and relative to the committee studying certain financial arrangements. Insurance
HB 1188-FN-L, relative to alternative kindergarten programs. Education
HB 1195, making technical changes to the law regulating acupuncture. Public Institutions, Health and Human Services
HB 1203-L, relative to the adoption of rules by the commissioner of cultural resources regarding public libraries. Executive Departments and Administration
HB 1209, relative to the construction and reconstruction of class B and class C dams. Energy and Economic Development
HB 1224, relative to the process for nonrenewal of teacher contracts. Education
HB 1236, relative to an informed jury. Judiciary
HB 1259-FN, establishing a coordinated and comprehensive effort by state agencies for economic growth, resource protection, and planning policy to encourage smart growth. Energy and Economic Development
HB 1270-FN-L, relative to charter schools and open enrollment districts. Education
HB 1281, relative to disqualification of public utility commissioners. Executive Departments and Administration
HB 1294-L, relative to regional planning commissions. Public Affairs
HB 1308, relative to nomination paper requirements. Public Affairs
HB 1309, relative to wood-to-energy rate order buydowns. Energy and Economic Development
HB 1329, relative to the termination of residential electric or gas utility service, the public utility commission's rulemaking authority, and the establishment of a gas utility restructuring oversight committee. Energy and Economic Development
HB 1335, requiring hospitals to disclose certain information to the attorney general. Public Institutions, Health and Human Services
HB 1338, increasing the membership of the American and Canadian French cultural exchange commission. Interstate Cooperation
HB 1342-FN, directing the department of environmental services to adopt concentration limits for certain compounds in land applied sludge. Environment
HB 1371, relative to allocation and distribution of funds for community-based prevention and diversion programs for children and juveniles. Judiciary
HB 1410, relative to the joint health council. Public Institutions, Health and Human Services
HB 1412, relative to electric customer-generators. Energy and Economic Development
HB 1414, authorizing the department of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, promoting the use of less polluting marine engines by the state and others, extending the reporting date of the committee to study the requirements for usage of MTBE, requiring a certification of understanding by certain municipal electric utilities, and relative to ambient groundwater quality standards. Environment
HB 1418-FN-L, relative to mercury-containing products. Environment
HB 1431, relative to protective orders in domestic violence cases. Judiciary
HB 1459, requiring the state police to record and update information relative to the charges of criminal and civil non-support. Judiciary
HB 1467-FN, relative to the registration of mail-order pharmacies. Executive Departments and Administration
HB 1468-FN, relative the registration of pharmacy technicians. Executive Departments and Administration
HB 1506, extending the reporting date of the committee studying ambulatory surgical facilities and relative to the threshold limit for certain new health facilities under RSA 151-C. Public Institutions, Health and Human Services
HB 1525, establishing a legislative oversight committee to review the procedures of the health services planning and review board. Public Institutions, Health and Human Services
HB 1552-FN-A, establishing a telecommunications development initiative in New Hampshire and making an appropriation therefore. Executive Departments and Administration
HB 1563-FN-L, establishing the Wolfeboro Airport Authority. Transportation
HB 1589, prohibiting the use of genetic testing for certain insurance policies. Insurance
HB 1606, establishing the governor's commission on alcohol and drug abuse prevention, intervention, and treatment. Executive Departments and Administration
HB 1611, recodifying the state's DWI laws. Judiciary
HB 1619-FN, relative to school employee and volunteer background investigations. Education
HB 1620-FN, relative to driver record information. Transportation
HB 1621-FN, allowing administrative home confinement for habitual offenders. Judiciary
HB 1622-L, eliminating the requirement that a deputy town clerk have his or her domicile within the town. Public Affairs
HCR 27, requesting Congress to propose an amendment to the U.S. Constitution to prevent federal courts from instructing states or political subdivisions of states to levy or increase taxes and urging the federal government to allow states to exercise greater control over state-specific banking interests. Banks
HCR 34, urging Congress to investigate the rising prices of gasoline and diesel fuel and take appropriate action to decrease prices to consumers. Energy and Economic Development
HJR 22, relative to the unintended consequences of the Balanced Budget Act of 1997. Executive Departments and Administration
2000-3998-EBA
03/10
Enrolled Bill Amendment to SB 381-FN
The Committee on Enrolled Bills to which was referred SB 381-FN
AN ACT relative to registration fees for off-highway recreation vehicles.
Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.
FOR THE COMMITTEE
Explanation to Enrolled Bill Amendment to SB 381-FN
This enrolled bill amendment corrects the title of the bill and makes a technical correction in the amending language in section 4 of the bill.
Enrolled Bill Amendment to SB 381-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to registration fees for off-highway recreational vehicles.
Amend section 4 of the bill by replacing line 2 with the following:
by inserting after paragraph X the following new paragraph:
Senator Trombly moved adoption.
Adopted.
2000-4061-EBA
08/10
Enrolled Bill Amendment to HB 1282
The Committee on Enrolled Bills to which was referred HB 1282
AN ACT establishing a committee to study the possibility of self-insuring state employees.
Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.
FOR THE COMMITTEE
Explanation to Enrolled Bill Amendment to HB 1282
This enrolled bill amendment makes a grammatical correction.
Enrolled Bill Amendment to HB 1282
Amend section 1 of the bill by replacing line 1 with the following:
1 Committee Established. There is established a committee to study the possibility of self-insuring
Senator Trombly moved adoption.
Adopted.
2000-4073-EBA
04/09
Enrolled Bill Amendment to HB 1110
The Committee on Enrolled Bills to which was referred HB 1110
AN ACT establishing a committee to study landlord-tenant issues.
Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.
FOR THE COMMITTEE
Explanation to Enrolled Bill Amendment to HB 1110
This enrolled bill amendment makes a technical correction to section 3 of the bill.
Enrolled Bill Amendment to HB 1110
Amend section 3 of the bill by replacing subparagraph I (d) with the following:
(d) Hotels, motels, lodges, inns, bed and breakfasts.
Senator Trombly moved adoption.
Adopted.
INTRODUCTION OF SENATE BILLS
Senator F. King offered the following Resolution:
RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered SJR 1 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.
Adopted.
First and Second Reading and Referral
SJR 1, concerning the status of the White Mountain National Forest within the U. S. Forest Service’s forest management plan. (Sponsors: F. King, Dist 1; Sen. Gordon, Dist 2; Sen. Johnson, Dist 3; Sen. Disnard, Dist 8; Rep. Chandler, Carr 1; Sen. Whalley, Merr 5; Rep. Foster, Hills 10) Energy & Economic Development
LATE SESSION
Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Thursday, April 13, 2000 at 10:00 a.m.
Adopted.
Adjournment.
SENATE
JOURNAL 10
April 13, 2000
The Senate met at 10:00 a.m.
A quorum was present.
The prayer was offered by Father David P. Jones, Senate Chaplain.
Lord, you obviously love variety for there is so much of it in your creation. Preserve us all from becoming moral mono-linguists, political tribalists, or lobbyists for one authentic language at the expense of another authentic one. May these good leaders be nurtured and challenged by the rich diversity of opinions, experiences and passions found in those different people whom they represent, today and always.
Amen.
Senator Russman led the Pledge of Allegiance.
INTRODUCTION OF GUESTS
NOTICE OF RECONSIDERATION
Senator D’Allesandro served notice of reconsideration on HB 542-FN-A, repealing the legacies and succession tax.
SUSPENSION OF THE RULES
Senator Pignatelli moved that the rules of the Senate be so far suspended as to allow a committee report not previously advertised in the calendar.
Adopted by the necessary 2/3 vote.
SB 468, relative to the family division of the courts. Judiciary Committee. Ought to pass with amendment.
2000-4119s
09/01
Amendment to SB 468
Amend the title of the bill by replacing it with the following:
AN ACT relative to the family division of the courts and relative to the jurisdiction of the family division in Rockingham county.
Amend RSA 490:32, II as inserted by section 2 of the bill by replacing it with the following:
II. The supreme court shall expand the family division to 2 counties of the supreme court’s choice during the biennium beginning July 1, 2001.
Amend RSA 490:33, VI as inserted by section 2 of the bill by replacing it with the following:
VI. Actions under RSA 173-B, relating to protection of persons from domestic violence except for concurrent jurisdiction with the superior and district and municipal courts to enter temporary protective orders under RSA 173-B:4.
Amend RSA 490:34 as inserted by section 2 of the bill by replacing it with the following:
490:34 Equity Jurisdiction. Notwithstanding any law to the contrary and for each county in which the family division is established, the family division shall have the powers of a court of equity in cases where subject matter jurisdiction lies with the family division. Suits in equity where subject matter jurisdiction lies with the family division including, but not limited to, petitions and libels of divorce, and petition of nullity of marriage, alimony, custody of children, support, and other similar proceedings may be heard upon oral testimony or depositions, or both, or when both parties consent, or service having been made and a notice of the time and place of the hearing having been given, when both parties appear. Such suits may be heard by any justice or marital master of the family division at any time, but nothing contained in this section shall be construed as limiting the power of the family division to have issues of fact framed and tried by a jury, unless federal law preempts a jury trial, according to the rules in equity, or the course of such proceedings at common law.
Amend the bill by replacing section 7 with the following:
7 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before January 1, 2001.
Amend the bill by replacing all after section 8 with the following:
9 Jurisdiction; Family Division in Rockingham County. Amend 1995, 152:4, IV as amended by 1996, 265:14 to read as follows:
IV. The courthouses in Rockingham county which will house the program shall be the Rockingham county courthouse, the Portsmouth district court, the Salem district court, and the Auburn district court. In the case of the Auburn district court, the supreme court shall have discretion to designate such other facility within the Auburn or Derry district as it deems appropriate.
(a) Matters arising in municipalities located within the Portsmouth district and the Hampton district shall be heard in the Portsmouth district court or such other location within the Portsmouth or Hampton district as the supreme court may designate.
(b) Matters arising in municipalities located within the Salem district shall be heard in the Salem district court.
(c) Matters arising in municipalities located within the Auburn district, except for the towns of Deerfield, Northwood, and Nottingham, and the Derry district shall be heard in the Auburn district court or such other location within the Auburn or Derry district as the supreme court may designate.
(d) Matters arising in municipalities located within the Exeter district and Plaistow district, as well as the towns of Deerfield, Northwood, and Nottingham, shall be heard in the Rockingham county courthouse.
10 Effective Date.
I. Sections 3-7 of this act shall take effect 60 days after its passage.
II. Section 9 of this act shall take effect upon its passage.
III. The remainder of this act shall take effect July 1, 2000.
2000-4119s
AMENDED ANALYSIS
This bill establishes a family division of the courts in Rockingham and Grafton counties and requires the supreme court to expand the family division to 2 other counties during the biennium beginning July 1, 2001. The bill also establishes a committee to study implementation of a statewide family division.
The bill also provides that family division matters arising in the towns of Deerfield, Northwood and Nottingham shall be heard in the Rockingham county courthouse in Brentwood. Currently, such matters arising in those towns are heard in the Auburn district court. The bill allows the supreme court to designate a location other than the Portsmouth district court within the Portsmouth or Hampton district for the hearing of family division matters.
Amendment adopted.
Referred to the Finance Committee (Rule #24).
COMMITTEE REPORTS
HB 1127, establishing a committee to study the application and appeal procedures for excavating and dredging permits. Environment Committee. Vote 3-0. Ought to pass with amendment, Senator Pignatelli for the committee.
2000-4020s
03/09
Amendment to HB 1127
Amend the bill by replacing section 2 with the following:
2 Membership and Compensation.
I. The members of the committee shall be 5 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.
Amend the bill by replacing section 4 with the following:
4 Chairperson. The first-named member shall serve as chairperson. The first meeting of the committee shall be held within 45 days of the effective date of this section.
Amendment failed.
Question is on the motion of ought to pass.
Adopted.
Ordered to third reading.
HB 1185, extending the report date of the committee established to study mercury source reduction and recycling issues to November 1, 2000. Environment Committee. Vote 2-0. Ought to Pass, Senator Eaton for the committee.
Adopted.
Ordered to third reading.
HJR 25, urging the United States Secretary of Agriculture, the Director of the Drug Enforcement Administration, and the Director of the Office of National Drug Control Policy to revise regulations to permit the controlled, experimental cultivation of industrial hemp in New Hampshire. Environment Committee. Vote 3-0. Ought to Pass, Senator Eaton for the committee.
Question is on the motion of ought to pass.
A roll call was requested by Senator Francoeur.
Seconded by Senator Krueger.
The following Senators voted Yes: Disnard, Eaton, Fernald, Pignatelli, J. King, Russman, D’Allesandro, Wheeler, Cohen.
The following Senators voted No: F. King, Gordon, Johnson, Fraser, McCarley, Trombly, Roberge, Squires, Francoeur, Krueger, Brown, Klemm.
Yeas: 9 - Nays: 12
Motion failed.
Senator Francoeur moved inexpedient to legislate.
Adopted.
HJR 25 is inexpedient to legislate.
SB 459, relative to underinsured motorists. Insurance Committee.
MAJORITY REPORT: Inexpedient to Legislate, Senator Fraser for the committee. Vote 5-2
MINORITY REPORT: Ought to Pass, Senator J. King for the committee. Vote 2-5
Question is on the motion of ought to pass.
Adopted.
Question is on the ordering to third reading.
A roll call was requested by Senator Francoeur.
Seconded by Senator Fraser.
The following Senators voted Yes: Gordon, McCarley, Trombly, Disnard, Roberge, Fernald, J. King, Russman, D’Allesandro, Hollingworth, Cohen.
The following Senators voted No: F. King, Johnson, Fraser, Eaton, Squires, Pignatelli, Francoeur, Krueger, Brown, Wheeler, Klemm.
Yeas: 11 - Nays: 11
Motion failed.
Senator Russman moved to have SB 459, relative to underinsured motorists, laid on the table.
A division vote was requested.
yeas: 11 – Nays: 11
Motion failed.
Senator Fraser moved inexpedient to legislate.
Yeas: 10 – Nays: 12
Motion failed.
Francoeur moved to have SB 459, relative to underinsured motorists, laid on the table.
Adopted.
LAID ON THE TABLE
SB 459, relative to underinsured motorists.
HB 1368-FN, establishing a Civil War memorials commission for the construction and maintenance of New Hampshire Civil War monuments and memorials. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Fraser for the committee.
Adopted.
Ordered to third reading.
HB 522, relative to the public's access to sex offender registry information. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.
2000-4032s
05/10
Amendment to HB 522
Amend the bill by replacing section 3 with the following:
3 Updates. Amend RSA 651-B:7, IV as follows:
IV. The division shall [forward] provide a copy of the list described in this section to each local law enforcement agency at periodic intervals, but in no event less frequently than once each month. The list shall be made available to interested members of the public upon request to the local law enforcement agency. The department shall adopt rules, pursuant to RSA 541-A, establishing procedures for the collection of information described in this section, the transmission of the information from the division to the local law enforcement agencies, and the conditions under which the list shall be made available to the public. These rules shall enable the public to request information about a named individual or about all listed individuals residing or confined in [a specified city or town] the state. The rules shall also include provisions for identifying and maintaining a record of the parties to whom information from the list has been disclosed, and may also provide for the imposition of a reasonable fee to defray the administrative costs of collecting the information and making the information available to the public.
Amendment adopted.
Senator Cohen moved to have HB 522, relative to the public's access to sex offender registry information, laid on the table.
Motion failed.
Question is on the motion of ordering to third reading.
A roll call was requested by Senator Francoeur.
Seconded by Senator Krueger.
The following Senators voted Yes: F. King, Gordon, Johnson, Fraser, Roberge, Fernald, Squires, Pignatelli, Francoeur, Krueger, Brown, Russman, Klemm.
The following Senators voted No: McCarley, Disnard, J. King, D’Allesandro, Wheeler, Cohen.
Yeas: 13 - Nays: 6
Adopted.
Ordered to third reading.
Senator Eaton is in support of HB 522.
HB 405, relative to the annual funding of placement costs for juvenile diversion and alternative disposition programs and relative to an effectiveness study of such programs. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Squires for the committee.
Adopted.
Referred to the Finance Committee (Rule #24).
HB 1272, allowing school nurses to possess and administer epinephrine for certain emergency treatment. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Squires for the committee.
Adopted.
Ordered to third reading.
HB 505-FN, establishing a special license plate for veterans. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Pignatelli for the committee.
2000-4057s
03/01
Amendment to HB 505-FN
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Special Number Plates for Veterans. Amend RSA 261 by inserting after section 87-a the following new section:
261:87-b Special Number Plates for Veterans. The director is hereby authorized to issue special number plates to be used on motor vehicles owned by veterans of the United States armed services, in lieu of other number plates. The design of these special plates shall be determined by the commissioner, and shall be distinct from the design or designs of those plates issued under RSA 261:86. Such plates shall be issued only upon application and proof of honorable discharge from the armed services, as evidenced by submission of a copy of the applicant’s DD214 verification of service form, and upon payment of a one time $25 fee to recover production and administrative costs that shall be in addition to the regular motor vehicle registration fee and any other number plates fees otherwise required. Renewals of such special number plates shall be charged the fee assessed for standard motor vehicles as prescribed under RSA 261:141. The plates furnished pursuant to this section are non-transferable and shall expire upon the death of the veteran.
2 Effective Date. This act shall take effect July 1, 2000.
Amendment adopted.
Ordered to third reading.
HB 1268-FN, relative to certain vehicle registrations. Transportation Committee. Vote 3-0. Ought to Pass, Senator Below for the committee.
Adopted.
Ordered to third reading.
HB 1334-L, relative to posting municipal roads. Transportation Committee. Vote 2-0. Ought to Pass, Senator Gordon for the committee.
Adopted.
Ordered to third reading.
HB 1405, exempting 50/50 raffles from the laws regulating games of chance. Transportation Committee. Vote 6-0. Ought to Pass, Senator Fraser for the committee.
Adopted.
Ordered to third reading.
Senator Roberge in opposition to HB 1405.
Motion to vacate
Senator D’Allesandro moved to vacate HB 1573, relative to the funding of the salary of the director of emergency medical services and making an appropriation therefor, from the Internal Affairs Committee to the Finance Committee.
Adopted.
HB 1573-FN has been vacated to the Finance Committee.
SUSPENSION OF THE RULES
Senator Russman moved that the Rules of the Senate be so far suspended as to allow a report not previously advertised in the calendar and that they further be suspended to dispense with the holding of a hearing, and the advertising of such hearing with 5 days notice in the calendar.
Adopted by the necessary 2/3 vote.
SCR 7, urging the federal government to consider the impacts on New Hampshire and the smaller states of interstate waste legislation. Environment
Senator Russman moved ought to pass.
Adopted.
Ordered to third reading.
TAKEN OFF THE TABLE
Senator Francoeur moved to have HB 312, relative to the carrying of firearms in courthouses, taken off the table.
Adopted.
HB 312, relative to the carrying of firearms in courthouses.
Question is on the committee report of ought to pass.
Adopted.
Senator Francoeur offered a floor amendment.
2000-4131s
09/01
Floor Amendment to HB 312
Amend RSA 159:19 as inserted by section 1 of the bill by replacing it with the following:
159:19 [Courtroom] Courthouse Security.
I. No person shall knowingly carry a loaded or unloaded pistol, revolver, or firearm or any other deadly weapon as defined in RSA 625:11, V, whether open or concealed or whether licensed or unlicensed, upon [his] the person or within any of [his] the person’s possessions owned or within [his] the person’s control in a courtroom or area used by a court. Whoever violates the provisions of this paragraph shall be guilty of a class B felony.
II. Firearms may be secured at the entrance to a courthouse by courthouse security personnel. A person who knowingly carries a loaded or unloaded pistol, revolver, or firearm, or any other deadly weapon as defined in RSA 625:11, V past a screening device at an entrance to a courthouse shall be guilty of a violation.
III. [The supreme court shall adopt rules defining "a courtroom or area used by a court"] For purposes of paragraph I, "area used by a court" means:
(a) In a building dedicated exclusively to court use, the entire building.
(b) In any other building which includes a court facility, courtrooms, jury assembly rooms, deliberation rooms, conference and interview rooms, the judge’s chambers, other court staff facilities, holding facilities, and corridors, stairways, waiting areas, and elevators directly connecting these rooms and facilities.
IV. The provisions of this section shall not apply to marshals, sheriffs, [policemen] deputy sheriffs, police or other duly appointed or elected law enforcement officers, bailiffs and court security officers, or persons with prior authorization of the court for the purpose of introducing weapons into evidence and as otherwise provided for in RSA 159:5.
V. It shall be an affirmative defense to any prosecution under paragraph I that there was no notice of the provisions of paragraph I posted in a conspicuous place at each public entrance to the court building.
Senator Fraser moved to have HB 312, relative to the carrying of firearms in courthouses, laid on the table.
Adopted.
LAID ON THE TABLE
HB 312, relative to the carrying of firearms in courthouses.
2000-4094-EBA
05/10
Enrolled Bill Amendment to HB 1321
The Committee on Enrolled Bills to which was referred HB 1321
AN ACT relative to certain funds collected by order of the public utilities commission.
Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.
FOR THE COMMITTEE
Explanation to Enrolled Bill Amendment to HB 1321
This enrolled bill amendment inserts a contingency.
Enrolled Bill Amendment to HB 1321
Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 4:
3 Authorization for Contingent Renumbering. If any other act of the 2000 regular session of the general court which contains an amendment to RSA 6:12, I which inserts any new subparagraph into paragraph I of such section becomes law, the director of legislative services is authorized to make any technical changes to the numbering in any RSA sections inserted by this or any other act as necessary to conform said sections to proper RSA format. The authority granted under this section shall not include the power to make any substantive changes and shall expire upon printing of the 2000 session laws.
Senator Trombly moved adoption.
Adopted.
HOUSE MESSAGE
The House of Representatives concurs with the Senate in its amendments to the following entitled House Bills sent down from the Senate:
HB 305-A, relative to a lease-purchase agreement between Cheshire county and the state for construction of a new district courthouse to be located in the town of Jaffrey and increasing a capital appropriation to the department of safety.
HB 1161, making technical changes to the New Hampshire Aeronautics Act and establishing a committee to study revisions to the state aeronautics laws.
HB 1264-FN, relative to the unlawful use of theft detection shielding devices.
HB 1301, relative to regional appointments to the state committee on aging.
HB 1583, increasing the education requirement for estheticians and manicurists and relative to the boards of barbering, cosmetology, and esthetics.
HB 1588, relative to the authority of the department of transportation regarding rail safety inspections.
REPORT OF COMMITTEE ON ENROLLED BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:
HB 699, establishing the granite state scholars program and making an appropriation therefor.
HB 1199, establishing a study committee on funding for affordable housing.
HB 1374, extending the reporting date for the sex offender issues study committee.
HB 1512, establishing a committee to study the feasibility of implementing a paid family and medical leave insurance program and potential funding sources to support it.
SB 76, establishing a pilot program allowing certain economically depressed municipalities to offer tax exemptions to foster public accommodation and industrial construction.
Senator D’Allesandro moved adoption.
Adopted.
2000-4133-EBA
03/09
Enrolled Bill Amendment to HB 1502
The Committee on Enrolled Bills to which was referred HB 1502
AN ACT relative to lead paint abatement.
Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.
FOR THE COMMITTEE
Explanation to Enrolled Bill Amendment to HB 1502
This enrolled bill amendment corrects a reference.
Enrolled Bill Amendment to HB 1502
Amend RSA 130-A:1, XVI-b as inserted by section 2 of the bill by replacing line 2 with the following:
In HE-P 1602.44, develops lead hazard reduction plans, as defined in paragraph XVI-a, and issues
Senator Trombly moved adoption.
Adopted.
2000-4134-EBA
03/09
Enrolled Bill Amendment to HB 1258
The Committee on Enrolled Bills to which was referred HB 1258
AN ACT relative to invasive plant, insect, and fungal species.
Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.
FOR THE COMMITTEE
Explanation to Enrolled Bill Amendment to HB 1258
This enrolled bill amendment makes technical corrections.
Enrolled Bill Amendment to HB 1258
Amend RSA 430:53, III as inserted by section 1 of the bill by replacing line 3 with the following:
health of native species, to the environment, to commercial agricultural or forest crop production, or to
Amend RSA 430:54, I(g) as inserted by section 1 of the bill by replacing line 2 with the following:
council who shall each serve for a term of 3 years. One shall represent horticultural interests,
Senator Trombly moved adoption.
Adopted.
RESOLUTION
Senator Cohen moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, that the bills ordered to third reading be read a third time by this resolution, all titles be the same as adopted and that they be passed at the present time.
Adopted.
LATE SESSION
ANNOUNCEMENTS
Senator Trombly (Rule #44).
resolution
Senator Cohen moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings, enrolled bills and amendments and that when we adjourn we adjourn to Thursday, April 20, 2000 at 10:00 a.m.
Adopted.
Third Reading and Final Passage
HB 505-FN, establishing a special license plate for veterans.
HB 522, relative to the public's access to sex offender registry information.
HB 1127, establishing a committee to study the application and appeal procedures for excavating and dredging permits.
HB 1185, extending the report date of the committee established to study mercury source reduction and recycling issues to November 1, 2000.
HB 1268-FN, relative to certain vehicle registrations.
HB 1272, allowing school nurses to possess and administer epinephrine for certain emergency treatment.
HB 1334-L, relative to posting municipal roads.
HB 1368-FN, establishing a Civil War memorials commission for the construction and maintenance of New Hampshire Civil War monuments and memorials.
HB 1405, exempting 50/50 raffles from the laws regulating games of chance.
SCR 7, urging the federal government to consider the impacts on New Hampshire and the smaller states of interstate waste legislation.
In recess.