SENATE

JOURNAL 10 (cont.)

April 13, 2000

Out of Recess.

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bills sent down from the Senate:

SB 313, establishing a commission to study the relationship between postsecondary education and recipients of temporary assistance to needy families.

SB 319, relative to interstate school districts.

SB 352, repealing the equipment challenge grant program within the New Hampshire community-technical colleges.

SB 377, relative to peer support programs within the department of health and human services.

SCR 4, urging the federal government to establish a new zip code for the town of Madbury.

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 51, providing for the voluntary registration of commercial maple products and maple packers.

HB 279, relative to refinancing the cost and rehabilitation of the Cheshire Bridge.

HB 1110, establishing a committee to study landlord-tenant issues.

HB 1172, providing staggered terms for agricultural advisory board members.

HB 1175, relative to license renewal for dental hygienists.

HB 1234, relative to special commissions to perform marriages in New Hampshire.

HB 1235, relative to defining surface waters.

HB 1256, clarifying certain health care laws.

HB 1311, relative to payment of employer contributions for unemployment compensation.

HB 1326, relative to managed care programs under workers' compensation.

HB 1337, repealing the New Hampshire foundation for mental health.

HB 1416, establishing a brownfields cleanup revolving loan fund.

SB 381, relative to registration fees for off-highway recreational vehicles.

Senator D'Allesandro moved adoption.

Adopted.

 

2000-4174-EBA

05/01

Enrolled Bill Amendment to HB 1334-LOCAL

The Committee on Enrolled Bills to which was referred HB 1334-LOCAL

AN ACT relative to posting municipal roads.

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 1334-LOCAL

This enrolled bill amendment makes a technical correction to the bill.

Enrolled Bill Amendment to HB 1334-LOCAL

Amend section 2 of the bill by replacing line 4 with the following:

VII. The governing body of a municipality which establishes maximum weight limits more

Senator Trombly moved adoption.

Adopted.

 

2000-4175-EBA

05/01

Enrolled Bill Amendment to HB 305-A

The Committee on Enrolled Bills to which was referred HB 305-A

AN ACT 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

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 305-A

This enrolled bill amendment makes technical corrections to the bill.

Enrolled Bill Amendment to HB 305-A

Amend section 3 of the bill by replacing lines 3 and 4 with the following:

Total state appropriation paragraph II [$1,194,000] $1,794,000

Total state appropriation section 4 [$8,819,000] $9,419,000

Amend section 4 of the bill by replacing it with the following:

4 Bonds Authorized Increased. Amend 1999, 226:8 to read as follows:

Senator Trombly moved adoption.

Adopted.

 

2000-4151-EBA

03/10

Enrolled Bill Amendment to HB 1583

The Committee on Enrolled Bills to which was referred HB 1583

AN ACT increasing the education requirement for estheticians and manicurists and relative to the board of barbering, cosmetology, and esthetics.

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 1583

This enrolled bill amendment makes a grammatical correction.

Enrolled Bill Amendment to HB 1583

Amend RSA 313-A:2, III as inserted by section 1 of the bill by replacing line 1 with the following:

III. Each public member shall be a person who is not, and never was, a member of the

Senator Trombly moved adoption.

Adopted.

 

2000-4146-EBA

04/10

Enrolled Bill Amendment to HB 1405

The Committee on Enrolled Bills to which was referred HB 1405

AN ACT exempting 50/50 raffles from the laws regulating games of chance.

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 1405

This enrolled bill amendment makes a technical correction in section 2 of the bill.

Enrolled Bill Amendment to HB 1405

Amend section 2 of the bill by replacing line 1 with the following:

2 Games of Chance; Definition of Games of Chance Amended. Amend RSA 287-D:1, II to read as follows:

Senator Trombly moved adoption.

Adopted.

 

2000-4147-EBA

03/10

Enrolled Bill Amendment to HB 1161

The Committee on Enrolled Bills to which was referred HB 1161

AN ACT making technical changes to the New Hampshire Aeronautics Act and establishing a committee to study revisions to the state aeronautics laws.

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 1161

This enrolled bill amendment makes a technical correction to the study committee mileage compensation in section 4 of the bill.

Enrolled Bill Amendment to HB 1161

Amend paragraph III of section 4 of the bill by replacing line 1 with the following:

III. Legislative members of the committee shall receive mileage at the legislative rate when attending to

Senator Trombly moved adoption.

Adopted.

LATE SESSION

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Thursday, April 20, 2000 at 10:00 a.m.

Adopted.

Adjournment.

SENATE

JOURNAL 11

April 20, 2000

The Senate met at 10:00 a.m.

A quorum was present.

The prayer was offered by Father David P. Jones, Senate Chaplain.

Barukh atah adonai eloheynu melekh ha’olam. Amen.

Senator Wheeler led the Pledge of Allegiance.

 

INTRODUCTION OF GUESTS

NOTICE OF RECONSIDERATION

Senator Gordon served notice of reconsideration on HB 505-FN, establishing a special license plate for veterans.

COMMITTEE OF CONFERENCE REPORT

2000-4002-CofC

10/01

Committee of Conference Report on HB 1200-FN, an act relative to the application of education property tax hardship relief to estate planning trusts and relative to eligibility for hardship relief.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by inserting after section 1 the following and renumbering the original sections 2-4 to read as 3-5, respectively:

2 Eligibility; Hardship Relief. Amend RSA 198:51, III(b) to read as follows:

(b) [Has] Resided in such homestead for a period of one year as of November 3, 1999, except such persons as are on active duty in the United States armed forces or are temporarily away from such homestead but maintain the homestead as a primary domicile;

 

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. McCarley, Dist. 6 Rep. Major, Rock. 16

Sen. Gordon, Dist. 2 Rep. Anderson, Merr. 7

Sen. Larsen, Dist. 15 Rep. Nichols, Merr. 2

Rep. Wallin, Merr. 15

2000-4002-CofC

AMENDED ANALYSIS

This bill clarifies the application of education property tax hardship relief to estate planning trusts and changes a residence requirement for eligibility for hardship relief.

Senator McCarley moved adoption.

Adopted.

 

2000-4053-CofC

10/01

Committee of Conference Report on SB 186-FN, an act relative to additional cost of living adjustments and increased minimum allowances for certain retired group II members, and relative to requiring spousal acknowledgement of a member’s election of an optional retirement allowance.

Recommendation:

That the Senate recede from its position of nonconcurrence with the House amendment, and concur with the House amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

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

1 New Paragraph; Definition Added; Spousal Acknowledgment. Amend RSA 100-A:1 by inserting after paragraph XXX the following new paragraph:

XXXI. "Spousal acknowledgment" means a written recognition, signed by a member’s spouse, of the benefit payment plan selected by the member under the provisions of RSA 100-A:5, RSA 100-A:6, RSA 100-A:10, or RSA 100-A:19-a - 19-h that is filed with the retirement system on a form prescribed by the board of trustees at the time of retirement and when the member elects a change in benefit payment as allowed under RSA 100-A:13.

2 Service Retirement; Group II; Minimum Allowance Increased. Amend RSA 100-A:5, II (c) (1) to read as follows:

(c)(1) Notwithstanding any provision of RSA 100-A to the contrary, any group II member who has retired on [a full service retirement allowance] or after the effective date of this subparagraph after attaining the age of 45 with at least 20 years of creditable service shall receive a minimum annual service retirement allowance of [$5,200] $10,000. [In comparing the minimum service retirement allowance and the full service retirement allowance, the full service retirement allowance shall be the sum of the basic allowance plus COLA's. The provisions of this subparagraph shall not apply to a group II member who has retired on a reduced or on a vested deferred retirement allowance. In the case of a group II member who has retired on a full service retirement allowance, and who] If such group II member has elected to convert the retirement allowance into an optional allowance for the surviving spouse under RSA 100-A:13, the surviving spouse shall be entitled to a proportional share of the [$5,200 which shall be based upon the optional allowance which the surviving spouse is receiving. Under no circumstances shall the provisions of this subparagraph be construed to reduce the retirement benefits being paid to a group II member as of the effective date of this subparagraph] $10,000.

3 Optional Allowances; Spousal Acknowledgement of Election. Amend RSA 100-A:13, I to read as follows:

I. Any member who has reached service retirement age as provided in RSA 100-A:5, I(a), or II(a), or RSA 100-A:19-b, or any retiree within 120 days after the effective date of retirement, may elect to receive, instead of the retirement allowance otherwise payable, a retirement allowance of equivalent actuarial value under one of the options named in paragraph III, or to redesignate any such option previously elected. When the member elects to receive an optional retirement allowance under paragraph III, the beneficiary or beneficiaries whom the member nominates may include the member's spouse and/or children. The notice of non-election, election, or change of retirement option shall be on a form designated by the board, which, if the member is married, shall include a spousal acknowledgment. The optional allowance shall be effective upon retirement if the election is made before the effective date of retirement, and on the first day of the month following receipt by the board of the notice of election or change of option if made during the 120-day grace period. When an election or change of option is made during the 120-day grace period, no retroactive adjustments will be made in payments already received by the retiree. After expiration of the 120-day grace period no change in option selection shall be permitted except as provided in paragraph II. If a retiree dies after filing notice of election or change of option during the 120-day grace period but before the effective date, the election or change shall be effective as of the date of death. If a member dies after filing an election for a survivorship retirement option and before the effective date of retirement, whether or not the member has filed for retirement, the beneficiary who was nominated by the member in the election of the option may elect to receive either the optional survivor benefit which the member had elected or the ordinary death benefit provided under RSA 100-A:9, whichever is more advantageous to the beneficiary; provided that, in the case of the member's death before retirement, if the beneficiary named in the survivorship option election is not the same person as the beneficiary under RSA 100-A:9, then the death benefit under RSA 100-A:9, II, and not the survivorship option shall apply.

4 New Section; Supplemental Allowances for Certain Retired Group II Members. Amend RSA 100-A by inserting after section 41-a the following new section:

100-A:41-b Supplemental Allowances for Certain Retired Group II Members.

I. An eligible retired group II member of the New Hampshire retirement system whose annual retirement allowance is less than an amount specified in paragraph II and who retired on or before June 30, 1998, shall receive a one-time supplemental allowance. An eligible retired group II member shall be a member, or beneficiary of such member, who retired with at least 20 years of creditable service under RSA 100-A:5, II, or member, or beneficiary of such member, who retired under RSA 100-A:6, II.

II. The one-time supplemental retirement allowance payable to the member shall be the percentage of the member’s annual retirement allowance as follows:

(a) Annual retirement allowance less than $9,300, the applicable percentage to reach a $10,000 annual retirement allowance;

(b) Annual retirement allowance greater than or equal to $9,300 and less than $11,700, 7 ½ percent;

(c) Annual retirement allowance greater than or equal to $11,700 and less than $13,700, 5 ½ percent;

(d) Annual retirement allowance greater than or equal to $13,700 and less than $15,700, 4 percent;

(e) Annual retirement allowance greater than or equal to $15,700 and less than or equal to $17,700, 3 percent.

III. The one-time supplemental retirement allowance payable to each beneficiary of the member shall be determined as described in paragraph II except the specified amounts of $9,300, $10,000, $11,700, $13,700, $15,700, and $17,700 shall be multiplied by the ratio of the beneficiary’s annual retirement allowance to the member’s annual retirement. The provisions of this section shall not apply to a group II member who has retired on a reduced or vested deferred retirement allowance. The additional allowance shall become a permanent addition to each member or beneficiary’s base retirement allowance, as provided in RSA 100-A:41-a.

5 Funding of Supplemental Allowances. The total actuarial cost of the additional allowances provided in RSA 100-A:41-b as inserted by section 4 of this act shall be funded on a terminal basis from the special account established in RSA 100-A:16, II(h).

6 Repeal. RSA 100-A:5, II(c)(2) and (3), relative to the reduction in minimum service retirement allowance due to federal social security benefits or other benefits, are repealed.

7 Applicability. The changes to retirement system benefit amounts in sections 2 and 4 of this act shall apply as of the effective date of this act, but payment of the benefit amounts accruing to any member or beneficiary as of the effective date may be delayed by the retirement system until such time as necessary administrative and system upgrades are accomplished provided such payment is by September 30, 2000.

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

The signatures below attest to the authenticity of this Report on SB 186-FN, an act relative to additional cost of living adjustments and increased minimum allowances for certain retired group II members, and relative to requiring spousal acknowledgement of a member’s election of an optional retirement allowance

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. J. King, Dist. 18 Rep. Dyer, Hills. 8

Sen. F. King, Dist. 1 Rep. Holbrook, Belk. 7

Sen. Wheeler, Dist. 21 Rep. Mercer, Hills. 27

Rep. Lynch, Ches. 19

Senator J. King moved adoption.

Adopted.

 

COMMITTEE REPORTS

HB 226-L, establishing municipality bond payment schedules and percentages. Banks Committee. Vote 4-0. Ought to pass with amendment, Senator Klemm for the committee.

2000-4171s

08/09

Amendment to HB 226-LOCAL

Amend RSA 162-K:8 as inserted by section 1 of the bill by replacing it with the following:

162-K:8 Issuance of Bonds. The municipality may authorize, issue and sell general obligation bonds, which shall mature within 30 years from the date of issue, to finance the acquisition and betterment of real and personal property needed to carry out the development program within the development district together with all relocation costs incidental thereto. Bonds issued under authority of this chapter shall be payable in annual payments which shall be so arranged that the amount of annual payment of principal and interest in any year on account of any bond shall not be less than the amount of principal and interest payable in any subsequent year by more than 10 percent of the principal of the entire bond. The total amount of such payments shall be sufficient to extinguish the entire bond on account of which they are made at maturity. The first payment of principal on any bond shall be made no later than 5 years and the last payment not later than 30 years after the date thereof. Each authorized issue of bonds shall be a separate loan. All dedicated tax increments received by the municipality pursuant to RSA 162-K:10 shall be pledged for the payment of these bonds and used to reduce or cancel the taxes otherwise required to be extended for that purpose, and the bonds shall not be included when computing the municipality's net debt under RSA 33.

Amendment adopted.

Ordered to third reading.

HB 1373, relative to payments of first and second mortgage home loans. Banks Committee. Vote 4-0. Ought to Pass, Senator Fraser for the committee.

Adopted.

Ordered to third reading.

HB 304, relative to school employee and volunteer background investigations. Education Committee. Vote 6-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-3957s

03/09

Amendment to HB 304

Amend the bill by replacing section 2 with the following:

2 Education; School Boards, Transportation and Instruction of Pupils; School Employee and Volunteer Background Investigation; Crimes Changed. Amend RSA 189:13-a, V to read as follows:

V. Any person who has been convicted of [murder, child pornography, aggravated felonious sexual assault, felonious sexual assault, or kidnapping] any violation or attempted violation of RSA 630:1, 630:1-a, 630:1-b, 630:2, 632-A:2, 632-A:3, 632-A:4 633:1, 639:2, 639:3, 645:1, I(b), 645:1, II, 645:1, III, 645:2, 649-A:3, 649-B:3, or 649-B:4, or any violation or any attempted violation of RSA 650:2 where the act involves a child in material deemed obscene, in this state, or under any statute prohibiting the same conduct in another state, territory, or possession of the United States, shall not be hired by a school administrative unit, school district, or charter school. By decision of the appropriate governing body, a school administrative unit, school district, or charter school may deny a selected applicant a final offer of employment if such person has been convicted of any felony in addition to those listed above. The governing body may adopt a policy stating that any person who has been convicted of any felony, or any of a list of felonies, shall not be hired.

Amendment adopted.

Ordered to third reading.

HB 1191-FN-L, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas. Education Committee. Vote 6-0. Ought to Pass, Senator McCarley for the committee.

Adopted.

Ordered to third reading.

SB 470, relative to the administrative authority of the board of trustees for the regional community-technical colleges. Education Committee. Vote 6-0. Ought to pass with amendment, Senator Johnson for the committee.

2000-4177s

04/01

Amendment to SB 470

Amend the bill by deleting section 1 and renumbering the original sections 2-4 to read as 1-3, respectively.

Amend the bill by replacing section 1 with the following:

1 Board of Trustees; Duties. Amend the introductory paragraph of RSA 188-F:4-a to read as follows:

188-F:4-a. Duties. [The duties of the board of trustees shall be to:] It is the intent of the general court that the trustees, when exercising their responsibilities under this chapter, recognize and foster the unique character and educational mission of the system. To this end, the board of trustees shall be authorized to administratively organize each institution within the New Hampshire community-technical college system so that it meets the educational mission of the system. In addition to this general authority, the trustees are authorized to:

Amendment adopted.

Ordered to third reading.

SJR 1, concerning the status of the White Mountain National Forest within the U.S. Forest Service's forest management plan. Energy and Economic Development Committee. Vote 3-0. Ought to Pass, Senator F. King for the committee.

Adopted.

Ordered to third reading.

HB 1160, relative to access to the enhanced 911 system. Executive Department and Administration Committee. Vote 5-0. Ought to Pass, Senator Roberge for the committee.

Adopted.

Ordered to third reading.

HB 1382-FN, making it a felony for inmates to harass corrections personnel and others by propelling bodily fluids. Executive Department and Administration Committee. Vote 6-0. Ought to Pass, Senator Francoeur for the committee.

Adopted.

Ordered to third reading.

HB 1422-FN, relative to the composition of and procedures for the appellate board of the department of employment security. Executive Department and Administration Committee. Vote 6-0. Ought to Pass, Senator Brown for the committee.

Adopted.

Ordered to third reading.

HB 1450-FN, relative to hearings and appeals of equal pay claims. Executive Department and Administration Committee. Vote 5-0. Ought to Pass, Senator Roberge for the committee.

Adopted.

Ordered to third reading.

SB 467, relative to the exemption from regulation of certain elevating devices. Executive Department and Administration Committee. Vote 5-0. Ought to Pass, Senator Francoeur for the committee.

Adopted.

Ordered to third reading.

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 articles 12 of the 1999 Seabrook annual town meeting. Executive Department and Administration Committee. Vote 6-0. Ought to Pass, Senator Cohen for the committee.

Adopted.

Ordered to third reading.

HB 1171, restricting the payment of salaries to suspended judicial officers. Finance Committee. Vote 8-0. Inexpedient to Legislate, Senator Larsen for the committee.

Committee report of inexpedient to legislate is adopted.

HB 1559-FN, establishing a committee to study the organization and functions of the New Hampshire state port authority. Finance Committee. Vote 7-1. Ought to pass with amendment, Senator Larsen for the committee.

2000-4183s

04/09

Amendment to HB 1559-FN

Amend the bill by replacing subparagraph I (a) as inserted by section 2 of the bill with the following:

(a) Three members of the house of representatives, appointed by the speaker of the house.

Amendment adopted.

Ordered to third reading.

SB 458, increasing the salary of the executive secretary of the retirement system and changing the title to executive director. Finance Committee. Vote 8-0. Ought to Pass, Senator J. King for the committee.

Adopted.

Ordered to third reading.

SB 468, relative to the family division of the courts and relative to the jurisdiction of the family division in Rockingham county. Finance Committee. Vote 5-3. Ought to Pass, Senator Fraser for the committee.

Adopted.

Ordered to third reading.

HB 1465, extending the reporting date of the committee to study the non-group health insurance market. Insurance Committee. Vote 6-0. Ought to Pass, Senator Francoeur for the committee.

Adopted.

Ordered to third reading.

SB 469, relative to mutual insurance holding companies. Insurance Committee. Vote 4-0. Ought to Pass, Senator Fraser for the committee.

Adopted.

Senator Fraser offered a floor amendment.

2000-4178s

08/04

Floor Amendment to SB 469

Amend the bill by replacing section 2 with the following:

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

Floor amendment adopted.

Ordered to third reading.

SCR 6, urging the President and Congress to address the challenge of high prescription medication prices. Insurance Committee. Vote 5-0. Ought to Pass, Senator Fraser for the committee.

Adopted.

Ordered to third reading.

HB 1149, commemorating the anniversary of the founding of certain branches of the United States armed forces. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator Fraser for the committee.

Adopted.

Ordered to third reading.

HB 1151, establishing a committee to study the creation of a New Hampshire local government records management trust and to consider funding alternatives. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Trombly for the committee.

Adopted.

Ordered to third reading.

HB 1156, establishing June 20th each year as Destroyer Escort Day. Internal Affairs Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

Adopted.

Ordered to third reading.

HCR 33, establishing a joint New Hampshire-Vermont legislative cooperative effort regarding the Connecticut river. Interstate Cooperation Committee. Vote 2-0. Ought to Pass, Senator Johnson for the committee.

Adopted.

Ordered to third reading.

SCR 5, urging the New England states and New York to consider cooperative strategies to address the challenge of the high cost of prescription medicines. Interstate Cooperation Committee. Vote 3-0. Ought to Pass, Senator Disnard for the committee.

Adopted.

Ordered to third reading.

HB 1109, relative to the modification of spousal support orders. Judiciary Committee. Vote 4-0. Inexpedient to Legislate, Senator Gordon for the committee.

Committee report of inexpedient to legislate is adopted.

HB 1242, relative to the standard for modification of a child custody order. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-4135s

04/09

Amendment to HB 1242

Amend RSA 458:17, V (a)(2) as inserted by section 1 of the bill by replacing it with the following:

(2) If the court finds repeated, intentional, and unwarranted interference by a parent who has permanent primary physical or permanent joint or shared physical custody with the visitation or custodial rights of the other parent, the court may order a change in physical custody without the necessity of showing harm to the child, if the court determines that such change would be in accordance with the best interests of the child;

Amendment adopted.

Ordered to third reading.

HB 1448, relative to the partition of real property. Judiciary Committee. Vote 7-0. Ought to pass with amendment, Senator Trombly for the committee.

2000-4121s

05/10

Amendment to HB 1448

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

AN ACT relative to the partition of real estate and division of property.

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

1 Division of Property Interests. Amend RSA 547-C:1 to read as follows:

547-C:1 Parties. Any person owning a present undivided legal [estate in land] or equitable interest or estate in real or personal property (hereinafter called "property"), not subject to redemption, or the holder of an equity of redemption shall be entitled to have partition or division in the manner hereinafter provided. If such interest or estate is in fee, he or she shall be entitled to partition or division in fee; if a life estate or a term for years, he or she shall be entitled to partition or division thereof to continue so long as his or her estate or interest endures. A life tenant, remainderman, or a tenant for years of whose term at least 20 years remains unexpired may, in the exercise of the court's equitable powers, have partition of the fee. The existence of a lease of the whole or a part of the [land] property to be divided shall not prevent partition or division, but such partition or division shall not disturb possession of a lessee under a lease covering the interests of all the co-tenants.

2 Petitions for Partition of Property. Amend RSA 547-C:2 to read as follows:

547-C:2 Petition. A petition may be filed by such person in the probate court in the county in which the [estate] property or any part of the [estate] property lies or is then located, particularly describing the [estate] property, the names of all owners or persons interested, if known, and the share or interest of the petitioner in the [estate] property and praying for partition or division of the [estate] property. Upon petition by the administrator or upon its own motion, the court may cause any [real estate] property to be partitioned or divided and awarded or assigned in accordance with procedures described in this chapter. Nothing in this chapter is intended to abrogate common law or statutory authority of the superior and district courts to adjudicate issues of personal property between parties engaged in litigation before those courts.

3 Appeal of Partition Judgment. Amend RSA 547-C:3 to read as follows:

547-C:3 Appeal. In cases where a right to jury trial is guaranteed by the constitution, a person may, at the time judgment by the probate court is declared, appeal therefrom to the superior court. The appeal shall be entered 15 days from the date of the register's issuance of the notice of decision unless for good cause shown the time is extended by the superior court. If a trial by jury is requested, the superior court shall expedite such request and schedule the case for trial in as timely a manner as possible and may cause any [real estate] property to be partitioned or divided in accordance with procedures described in this chapter. In all cases which are so appealed, it shall be the duty of the superior court to transmit to the judge of the probate court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.

4 Property Owner Unknown. Amend RSA 547-C:4 to read as follows:

547-C:4 Owner Unknown. If the persons interested in any such [real estate] property with the petitioner are unknown, it shall be described in the petition in the same manner as is required in the case of taxing unimproved lands of nonresidents, specifying the share held by each petitioner, and stating that it is held with persons unknown.

5 Disputed Partition; Notice. Amend RSA 547-C:5 to read as follows:

547-C:5 Notice. The petitioner shall give notice to all persons interested in the [estate] property, by causing the petition and order of notice thereon to be served on each in the same manner that writs of summons are required to be served.

6 Petitionee-Owner Unknown. Amend RSA 547-C:9 to read as follows:

547-C:9 Petitionee-Owner Unknown. If any petitionee is unknown the court may, in its discretion, appoint an agent to aid and advise in petitionee's behalf in making the partition or division.

7 Trial of Issues; Disposition of Property. Amend RSA 547-C:10 to read as follows:

547-C:10 Trial of Issues. Matters alleged in the petition may be denied or avoided by the petitionee by plea, and further proceedings may be had, and an issue of fact or of law made and tried, as upon a writ at common law or a bill in equity, and the court shall have full power to determine the respective interests of all the parties; or the petitionee may file a plea denying that the petitionee holds any part of the [premises] property with the petitioner, with a brief statement of matters in defense.

8 Judgment for Partition; Quieting Title. RSA 547-C:11 is repealed and reenacted to read as follows:

547-C:11 Judgment for Partition. If the issue is determined in favor of the petitioner, or if after notice the petitionee does not appear, or if no sufficient objection is made, the court shall render judgment that partition be made, and shall by decree set off and assign to the petitioner or petitionee their shares according to their respective rights, titles, or interests, and award costs, as the court deems equitable and just. In so doing, with an appropriate pleading, the court may also quiet title in discharge or extinguishment of any right, title, or interest that may otherwise unlawfully or inequitably encumber or burden the real estate as fully and completely as a court of general equity may do. The court shall make such partition as it decrees by metes and bounds or other distinct description. The partition shall be recorded at the registry of deeds for the county where the real estate lies.

9 Quiet Title. Amend RSA 547:11-c to read as follows:

547:11-c Quiet Title. An action may be brought in probate court by any person claiming title to, or any interest in, real or personal property, or both, in partition under RSA 547-C, listed in the estate of a deceased person or listed as guardianship, conservatorship, or trust assets over which the probate court has jurisdiction, against the estate, guardian, conservator, or trustee who may claim to own the same, either in fee, for years, for life or in reversion or remainder, or to have any interest in the same, or any lien or encumbrance thereon, adverse to the plaintiff, or in whom the land records disclose any interest, whether or not the plaintiff is entitled to the immediate or exclusive possession of such property, for the purpose of determining such adverse estate, interest or claim, and to clear up all doubts and disputes and to quiet and settle the title to the same. In any action brought under this provision, where applicable, the procedure set forth in RSA 498:5-b through 5-d shall be followed.

10 Recovery of Costs Against Petitioner. Amend RSA 547-C:17 to read as follows:

547-C:17 Against Petitioner. If on the trial of an issue involving property, as provided in RSA 547-C:10, it is determined that the petitioner has no share or interest in the [estate] property, or [a] less [share] than the petitioner claims, the petitionee shall recover the taxable costs of such trial.

11 Undisputed Partition; Processing of Petition. Amend RSA 547-C:19 to read as follows:

547-C:19 Petition. If there is no dispute [about the title], a petition for partition [may] shall be filed with the judge of probate for the county where the [real estate] property or the greater part thereof lies or is then located, who shall appoint a time and place of hearing on the petition.

12 Procedure. Amend RSA 547-C:21 to read as follows:

547-C:21 Procedure. If on the hearing no sufficient objection appears, [the judge shall cause partition to be made by a committee, who shall be appointed, be sworn, give notice and proceed, and] the court shall appoint guardians or agents for all minors or persons incapacitated, and agents for all persons unknown or out-of [the]-state, interested in [such] the [estate] property, [receive and accept the report of such committee,] and render judgment and award costs thereon, in the manner prescribed in this chapter.

13 Division with Consent. Amend RSA 547-C:22 to read as follows:

547-C:22 [Division With Consent] Unequal Division and Sale. Whenever [an estate] property is so situated or is of such a nature that it cannot be divided so as to give each owner his or her share [of the estate] or interest without great prejudice or inconvenience, the whole or a part of the [estate] property may be assigned[, if the parties consent,] to one of them, the assignee paying to the others who have less than their share such sums as the [committee] court shall award or order.

14 Sale. Amend RSA 547-C:25 to read as follows:

547-C:25 Sale. When the proceedings are pending, if it is alleged in the petition that the [estate] property is so situated or is of such a nature that it cannot be divided so as to give each owner his or her share [of the estate] or interest without great prejudice or inconvenience and the court so finds, [or if, upon the report of the committee that the estate is of the nature aforesaid, the court so finds,] the court may order it to be sold and the proceeds from the sale to be divided among the owners according to their respective rights, titles, or interests, and may make all other orders that may be necessary to cause such sale and the distribution of the proceeds, as a court of equity may do in like cases.

15 Mortgagees; Division of Property. Amend RSA 547-C:28 to read as follows:

547-C:28 Mortgagees, etc. No partition or division of property shall be avoided by any conveyance made by a petitionee after the entry of the petition therefor, nor by any conveyance or other disposition, unless duly recorded or effected at the date of such entry, nor by any mortgage, attachment or lien thereon, whenever made, nor by the death of either party; but the share or interest of each petitioner shall be set off in severalty, and be subject to all legal claims thereon, as if the claimant had been a party thereto.

16 Awarding or Assigning Property. RSA 547-C:29 is repealed and reenacted to read as follows:

547-C:29 Award. In entering its decree the court may, in its discretion, award or assign the property or its proceeds on sale as a whole or in such portions as may be fair and equitable. In exercising its discretion in determining what is fair and equitable in a case before it, the court may consider: the direct or indirect actions and contributions of the parties to the acquisition, maintenance, repair, preservation, improvement, and appreciation of the property; the duration of the occupancy and nature of the use made of the property by the parties; disparities in the contributions of the parties to the property; any contractual agreements entered into between the parties in relation to sale or other disposition of the property; waste or other detriment caused to the property by the actions or inactions of the parties; tax consequences to the parties; the status of the legal title to the property; and any other factors the court deems relevant.

17 New Section; Construction. Amend RSA 547-C by inserting after section 29 the following new section:

547-C:30 Construction. Proceedings under this chapter shall be remedial in nature. The provisions of this chapter are to be liberally construed in favor of the exercise of broad equitable jurisdiction by the probate court in any proceeding pending before it.

18 Repeal. The following are repealed:

I. RSA 547-C:12, relative to oath; notice.

II. RSA 547-C:13, relative to publication of notice.

III. RSA 547-C:14, relative to setoff; report.

IV. RSA 547-C:15, relative to judgment; record.

V. RSA 547-C:16, relative to costs.

VI. RSA 547-C:23, relative to non-assent.

VII. RSA 547-C:24, relative to recommitment.

19 Effective Date. This act shall take effect January 1, 2001.

2000-4121s

AMENDED ANALYSIS

This bill expands the procedure for partition of real property to include equitable interests or estates in real or personal property.

Amendment adopted.

Ordered to third reading.

SB 463, revising the uniform partnership act. Judiciary Committee. Vote 3-0. Interim Study, Senator Trombly for the committee.

Committee report of interim study is adopted.

HB 1194, relative to the composition of planning boards in certain cities. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

Adopted.

Ordered to third reading.

HB 1327, relative to residency of prisoners for purposes of voter registration. Public Affairs Committee. Vote 5-0. Inexpedient to Legislate, Senator Disnard for the committee.

Committee report of inexpedient to legislate is adopted.

SB 461, establishing a committee to study the creation of a flag to honor all police departments in the state. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Krueger for the committee.

Adopted.

Ordered to third reading.

SB 464, relative to the use of municipal and school district facilities for stunt biking and relative to the sale of bicycles at public auction. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-4187s

04/09

Amendment to SB 464

Amend the bill by replacing section 3 with the following:

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

Amendment adopted.

Ordered to third reading.

HB 427, relative to the laws requiring a prescription to possess hypodermic needles and modifying the drug paraphernalia laws applying to syringes. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

Adopted.

Ordered to third reading.

Senators Francoeur, Gordon, F. King and Russman are in opposition to HB 427.

HB 1390, establishing a commission to study the relationship between public health and the environment. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Squires for the committee.

Adopted.

Ordered to third reading.

HB 1410, relative to the joint health council. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to Pass, Senator Krueger for the committee.

Senator Pignatelli moved to have HB 1410, relative to the joint health council, laid on the table.

A roll call was requested by Senator Pignatelli.

Seconded by Senator F. King.

The following Senators voted Yes: F. King, Johnson, Below, Disnard, Roberge, Eaton, Fernald, Squires, Pignatelli, Francoeur, Larsen, J. King, Russman, D’Allesandro, Klemm.

The following Senators voted No: Gordon, Fraser, McCarley, Trombly, Krueger, Brown, Wheeler, Cohen.

Yeas: 15 - Nays: 8

Adopted.

LAID ON THE TABLE

HB 1410, relative to the joint health council.

HB 1607, establishing a study committee to consider legislation reducing to zero the number of mentally retarded or developmentally disabled individuals in the state who are not receiving or have not received medicaid services. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to pass with amendment, Senator McCarley for the committee.

2000-4164s

08/09

Amendment to HB 1607

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

AN ACT establishing a study committee to consider legislation reducing to zero the number of persons with developmental disabilities and persons with brain injuries in the state who are not receiving or have not received medicaid services.

Amend the bill by replacing section 1 with the following:

1 Committee Established. There is established a study committee to consider legislation which would require New Hampshire to reduce to zero the number of persons with developmental disabilities and persons with brain injuries in the state who are not receiving or have not received medicaid services for which they are eligible.

Amend the bill by replacing section 3 with the following:

3 Duties. The committee shall consider legislation which would require New Hampshire to reduce to zero the number of persons with developmental disabilities and persons with brain injuries in the state who are not receiving or have not received medicaid services for which they are eligible. The committee shall also consider the minimum time frame and costs required to accomplish this reduction.

2000-4164s

AMENDED ANALYSIS

This bill establishes a study committee to address the distribution of medicaid services to persons with developmental disabilities and persons with brain injuries.

Amendment adopted.

Ordered to third reading.

HCR 24, relative to integration of people with disabilities. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to Pass, Senator Wheeler for the committee.

Adopted.

Question is on the motion of ordering to third reading.

A roll call was requested by Senator Wheeler.

Seconded by Senator Trombly.

The following Senators voted Yes: F. King, Gordon, Johnson, Fraser, Below, McCarley, Trombly, Disnard, Roberge, Eaton, Fernald, Squires, Pignatelli, Francoeur, Larsen, Krueger, Brown, J. King, Russman, D’Allesandro, Wheeler, Klemm, Hollingworth, Cohen.

The following Senators voted No:

Yeas: 24 - Nays: 0

Adopted.

Ordered to third reading.

HB 1106, making the widening of Interstate 93 from Manchester to the Massachusetts border a state priority. Transportation Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

Senator Pignatelli moved to have HB 1106, making the widening of Interstate 93 from Manchester to the Massachusetts border a state priority, laid on the table.

Adopted.

Senators Gordon and Russman are in opposition to the laid on the table motion.

LAID ON THE TABLE

HB 1106, making the widening of Interstate 93 from Manchester to the Massachusetts border a state priority.

HB 1143-FN, relative to renaming New Hampshire route 28 in the town of Wolfeboro as the "Gary Parker Memorial Highway." Transportation Committee. Vote 4-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Ordered to third reading.

HB 1169, relative to gates and bars on class VI roads. Transportation Committee. Vote 3-0. Inexpedient to Legislate, Senator Gordon for the committee.

Committee report of inexpedient to legislate is adopted.

HB 1251, relative to driver education training reimbursement. Transportation Committee. Vote 2-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Referred to the Finance Committee (Rule #24).

HB 1265-FN, relative to registration of certain antique OHRVs. Transportation Committee. Vote 2-0. Ought to Pass, Senator Roberge for the committee.

Adopted.

Ordered to third reading.

HB 1322, relative to the regulation of certain outdoor advertising devices. Transportation Committee. Vote 3-0. Ought to Pass, Senator Below for the committee.

Adopted.

Ordered to third reading.

HB 1357-FN, relative to the sale of state-owned property in the towns of Belmont and Laconia. Transportation Committee. Vote 2-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Ordered to third reading.

HB 1614, naming 2 bridges. Transportation Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

Adopted.

Ordered to third reading.

HOUSE MESSAGE

The House of Representatives refuses to concur with the Senate in the adoption of the amendment to the following entitled House Bill sent down from Senate:

HB 1212, relative to extending the reporting date of the open adoption study committee and relative to persons eligible to adopt.

And requests a Committee of Conference.

The Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

REPRESENTATIVES: Randy Lyman, Mary Stuart Gile, Thomas Arnold, David Bickford

SENATE ACCEDES TO HOUSE REQUEST

HB 1212, relative to extending the reporting date of the open adoption study committee and relative to persons eligible to adopt.

Senator Pignatelli moved to accede to the request for a Committee of Conference.

Adopted.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

SENATORS: Trombly, Squires, Pignatelli

MOTION OF RECONSIDERATION

Senator Gordon having voted with the prevailing side moved reconsideration on HB 505-FN, establishing a special license plate for veterans, whereby we ordered it to third reading.

Adopted.

HB 505-FN, establishing a special license plate for veterans.

Senator Gordon offered a floor amendment.

2000-4165s

05/09

Floor Amendment to HB 505-FN

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

AN ACT establishing a special license plate for veterans and allowing certain veterans to be issued special number plates without charge.

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as section 3:

2 Special Number Plates for Certain Veterans; Issuance without Charge. Amend RSA 261:86, II to read as follows:

II. Plates furnished pursuant to this section shall be issued without charge. Notwithstanding RSA 265:73 or any other law, any person who is issued a plate pursuant to subparagraphs I(c)-(e) shall not be entitled to free parking privileges provided for disabled veterans. Individuals who qualify for special plates for certain veterans shall only be issued one set of plates pursuant to this section.

2000-4165s

AMENDED ANALYSIS

This bill establishes a special license plate for veterans and allows certain veterans to be issued special number plates without charge.

Floor amendment 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.

Senator Francoeur offered a floor amendment.

2000-4137s

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 Gordon 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.

TAKEN OFF THE TABLE

Senator Russman moved to have SB 459, relative to underinsured motorists, taken off the table.

Adopted.

SB 459, relative to underinsured motorists.

Senator Russman moved ought to pass.

Question is on the motion of ought to pass.

A roll call was requested by Senator Fraser.

Seconded by Senator Russman.

The following Senators voted Yes: F. King, Gordon, Below, McCarley, Trombly, Disnard, Fernald, Pignatelli, Krueger, Brown, J. King, Russman, D’Allesandro, Wheeler, Cohen.

The following Senators voted No: Johnson, Fraser, Roberge, Eaton, Squires, Francoeur, Klemm.

Yeas: 15 - Nays: 7

Senator Larsen (Rule #42).

Adopted.

Ordered to third reading.

TAKEN OFF THE TABLE

Senator Roberge moved to have SB 337-FN, requiring any person applying for or renewing a driver's license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations, taken off the table.

Adopted.

SB 337-FN, requiring any person applying for or renewing a driver's license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations.

Question is on the motion of ought to pass.

Adopted.

Senator Roberge offered a floor amendment.

2000-4196s

05/04

Floor Amendment to SB 337-FN

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

AN ACT requiring any new resident applying for a permanent driver’s license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations.

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

1 New Section; Service by State Police. Amend RSA 106-B by inserting after section 12 the following new section:

106-B:12-a Service by State Police. The director shall make a quarterly report to the commissioner of safety and the governor, the senate president and the speaker of the house on the results of service of criminal process, warrants and notices and arrests of persons wanted for outstanding warrants and court defaults. This report shall include the number of persons arrested and denied a license, and the amount of revenue raised.

2 NCIC Record Checks Required Prior to Issuance of Permanent Driver's License. Amend RSA 263:5-a, III to read as follows:

III. The director may issue a temporary driver's license to a person who applies for a license under paragraph I until he receives the record and determines whether the person should be granted a driver's license. The director may refuse to issue a temporary driver's license to a person who is under suspension or revocation in another jurisdiction or who would present a hazard to the safety of others. After issuance of the temporary license and prior to issuance of a permanent license the applicant’s record for outstanding warrants or defaults shall be checked through the NCIC, by running the exact name and date of birth given on the surrendered license or birth certificate through the NCIC computer system. The department shall not isolate applicants based on NCIC "Soundex", phonetic matches; name only; or date of birth only computer matches. If there is an exact match of name and date of birth, the application shall be denied until such time as the warrant or court default is cleared. During that period the applicant’s current license and operating privileges shall be suspended by the state.

3 New Paragraph; Nonrefundable Fee. Amend RSA 263:5-a by inserting after paragraph VI the following new paragraph:

VII. Any person who provides false information as provided in paragraph VI shall forfeit any fee paid.

4 New Paragraph; Interest after Suspension. Amend RSA 263:56-a by inserting after paragraph II the following new paragraph:

II-a. After suspension as provided in paragraph II, interest on amounts not paid when due shall be computed at the rate of 1 percent per month from the date of suspension to the date payment is actually made. Interest shall be collected by the department or the court and deposited into the general fund. No interest shall be computed on fines assessed before January 1, 2001. The commissioner and the court shall have the discretion, as justice may require, to waive the payment of interest computed under this paragraph.

5 Interest on Fines Credited to the General Fund. Amend RSA 263:56-d to read as follows:

263:56-d Suspension for Forfeitures of Recognizances. Notwithstanding the provisions of RSA 263:56-a, I, I-a, II and III-VII, the procedure for suspension of licenses and collection of payments for forfeited recognizances for driving offenses shall be in accordance with RSA 597:38-b. Payments collected by the court under RSA 597:38-b shall be deposited into a special fund, known as the default bench warrant fund. The commissioner may draw on such fund to pay the cost of state, county and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses up to a maximum amount of $100 per bench warrant. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the disbursement of moneys from the default bench warrant fund to pay the costs related to law enforcement officials and bench warrants. The commissioner may also draw upon such fund to pay the cost of breath analyzer machines, upon the recommendation of the advisory committee on breath analyzer machines pursuant to RSA 106-G:1.

6 Notice of Interest on Unpaid Fines. Amend RSA 262:44, I to read as follows:

I. Such defendant shall receive, in addition to [his] the summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles" [which]; the fine schedule shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail and notification that unpaid fines may be subject to interest pursuant to RSA 263:56-a, II-a. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of motor vehicles within 30 days of the date of the summons. The director of motor vehicles shall remit the penalty assessments collected to the police standards and training council for deposit in the police standards and training council training fund and to the state treasurer to be credited and continually appropriated to the victims' assistance fund in the percentages and manner prescribed in RSA 188-F:31. Fines shall be paid over to the commissioner of administrative services, or to such department or agency of the state as the law provides, within 14 days of their receipt.

7 Default of Personal Recognizance. Amend RSA 597:38-b, I to read as follows:

I. Whenever a party recognized to appear for any offense [involving driving] makes default and the recognizance is declared forfeited, the court shall send a notice of default to the division of motor vehicles. The division shall send a notice to the person owing the recognizance, demanding payment within 30 days and stating that failure to make payment within the 30-day period shall result in suspension of such person's driver's license or driving privilege until such time as the person provides proof to the department of safety that he or she has paid the amount of the forfeited recognizance to the court.

8 Effective Date. This act shall take effect January 1, 2001.

2000-4196s

AMENDED ANALYSIS

This bill:

I. Requires any person applying for a permanent driver’s license to be checked through the National Crime Information Center (NCIC).

II. Authorizes the collection of interest on outstanding unpaid fines, with proceeds dedicated to the general fund.

III. Broadens the scope of personal recognizance defaults subject to interest penalties.

IV. Requires that any person who provides false information when applying for a license forfeit any fee paid.

Floor amendment adopted.

Referred to the Finance Committee (Rule #24).

SUSPENSION OF THE RULES

Senator Trombly moved to suspend the Rules of the Senate for bypassing the motion of referring to the Senate Finance Committee.

Adopted by the necessary 2/3 vote.

Question is on the motion of ordering to third reading.

Adopted.

Ordered to third reading.

Senator F. King is in opposition to SB 337-FN.

TAKEN OFF THE TABLE

Senator Fernald moved to have SB 329, relative to the display of tobacco products, taken off the table.

Adopted.

SB 329, relative to the display of tobacco products.

Question is on the committee report of inexpedient to legislate.

SUBSTITUTE MOTION

Senator Fernald moved to substitute ought to pass for inexpedient to legislate.

Adopted.

Senator Fernald offered a floor amendment.

2000-4200s

01/09

Floor Amendment to SB 329

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

1 New Section; Display of Tobacco Products. Amend RSA 126-K by inserting after section 8 the following new section:

126-K:8-a Display of Tobacco Products.

I. No retailer shall display tobacco products, as defined in RSA 126-K:2, XI, except in areas:

(a) Accessible to customers only with direct assistance by the sales personnel;

(b) Where removal of the product from the display can be readily observed by that employee; or

(c) In a separate room dedicated to tobacco products, the access to which is clearly observable by a responsible employee.

II. Any person who violates the provisions of this section shall be guilty of a violation and subject to a fine of not less than $100. Each day of a continuing violation shall constitute a separate offense.

2 Effective Date. This act shall take effect January 1, 2001.

Question is on the adoption of the floor amendment.

A roll call was requested by Senator Francoeur.

Seconded by Senator Fernald.

The following Senators voted Yes: Gordon, Below, McCarley, Trombly, Roberge, Fernald, Squires, Pignatelli, Larsen, Krueger, Wheeler, Cohen.

The following Senators voted No: F. King, Johnson, Fraser, Disnard, Eaton, Francoeur, Brown, J. King, Russman, D’Allesandro, Klemm.

Yeas: 12 - Nays: 11

Floor amendment 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.

Senator Francoeur offered a floor amendment.

2000-4202s

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 exclusive of the area between the entrance and the courthouse security.

(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.

Floor amendment adopted.

Ordered to third reading.

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 1185, extending the reporting date of the committee established to study mercury source reduction and recycling issues to November 1, 2000.

HB 1282, establishing a committee to study the possibility of self-insuring state employees.

HB 1321, relative to certain funds collected by order of the public utilities commission.

Senator D’Allesandro moved adoption.

Adopted.

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 1258, relative to invasive plant, insect, and fungal species.

HB 1502, relative to lead paint abatement.

HB 1127, establishing a committee to study the application and appeal procedures for excavating and dredging permits.

HB 1264, relative to the unlawful use of theft detection shielding devices.

HB 1268, relative to certain vehicle registrations.

HB 1272, allowing school nurses to possess and administer epinephrine for certain emergency treatment.

HB 1301, relative to regional appointments to the state committee on aging.

HB 1413, relative to the rights of ownership of cemetery plots or burial spaces.

HB 1588, relative to the authority of the department of transportation regarding rail safety inspections.

SB 319, relative to interstate school districts.

SB 352, repealing the equipment challenge program within the New Hampshire community-technical colleges.

SB 377, relative to peer support programs within the department of health and human services.

Senator D’Allesandro moved adoption.

Adopted.

 

2000-4127

05/10

Enrolled Bill Amendment to SB 170-FN-A

The Committee on Enrolled Bills to which was referred SB 170-FN-A

AN ACT establishing a Parents as Teachers Program in Sullivan county and making an appropriation therefor.

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 170-FN-A

This enrolled bill amendment makes a technical correction to the bill.

Enrolled Bill Amendment to SB 170-FN-A

Amend RSA 198:36 as inserted by section 1 of the bill by replacing line 2 with the following:

pursuant to RSA 541-A, necessary to carry out the provisions of this subdivision.

Senator Trombly moved adoption.

Adopted.

 

2000-4150-EBA

08/10

Enrolled Bill Amendment to SB 313

The Committee on Enrolled Bills to which was referred SB 313

AN ACT establishing a commission to study the relationship between postsecondary education and recipients of temporary assistance to needy families.

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 313

This enrolled bill amendment makes grammatical corrections in section 4 of the bill.

Enrolled Bill Amendment to SB 313

Amend section 4 of the bill by replacing lines 6-13 with the following:

II. The commission shall study, take public testimony, make recommendations and prepare a report on issues including, but not limited to: how successful New Hampshire’s welfare reform program has been in helping recipients achieve long-term economic independence, what education options are currently open to recipients, and what options are possible to increase access to post-secondary education for low income parents. The study commission shall seek, and invite by letter, input from the departments of health and human services and employment security, the university of New Hampshire school of health and human services, New Hampshire Legal Assistance, the regional community-technical college system, the New Hampshire Job Training council, the New Hampshire

Senator Trombly moved adoption.

Adopted.

2000-4185-EBA

03/09

Enrolled Bill Amendment to HB 1368-FN

The Committee on Enrolled Bills to which was referred HB 1368-FN

AN ACT establishing a Civil War memorials commission for the construction and maintenance of New Hampshire Civil War monuments and memorials.

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 1368-FN

This enrolled bill amendment inserts an omitted word and an omitted citation.

Enrolled Bill Amendment to HB 1368-FN

Amend RSA 21-K:22 as inserted by section 1 of the bill by replacing line 3 with the following:

distinct from all other funds. All monetary gifts, grants, and donations accepted pursuant to RSA 21-K:21 shall be

Senator Trombly moved adoption.

Adopted.

HOUSE MESSAGE

The House of Representatives refuses to concur with the Senate in the passage of the following entitled Senate Bill sent down from the Senate:

SB 400-L, relative to emergency medical and trauma services.

HOUSE MESSAGE

The House of Representatives has adopted the Committee of Conference report on the following entitled bill:

SB 186-FN, an act relative to additional cost of living adjustments and increased minimum allowances for certain retired group II members, and relative to requiring spousal acknowledgement of a member’s election of an optional retirement allowance.

HOUSE MESSAGE

The House of Representatives has adopted the recommendation of the Committee of Conference to which was referred the following entitled Bill:

HB 1200-FN, an act relative to the application of education property tax hardship relief to estate planning trusts and relative to eligibility for hardship relief.

 

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 Cohen (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 27, 2000 at 10:00 a.m.

Adopted.

 

Late Session

Third Reading and Final Passage

HB 226-L, establishing municipality bond payment schedules and percentages.

HB 304, relative to school employee and volunteer background investigations.

HB 312, relative to the carrying of firearms in courthouses.

SB 329, relative to the display of tobacco products.

SB 337-FN, requiring any new resident applying for a permanent driver’s license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations.

HB 427, relative to the laws requiring a prescription to possess hypodermic needles and modifying the drug paraphernalia laws applying to syringes.

SB 458, increasing the salary of the executive secretary of the retirement system and changing the title to executive director.

SB 459, relative to underinsured motorists.

SB 461, establishing a committee to study the creation of a flag to honor all police departments in the state.

SB 464, relative to the use of municipal and school district facilities for stunt biking and relative to the sale of bicycles at public auction.

SB 467, relative to the exemption from regulation of certain elevating devices.

SB 468, relative to the family division of the courts and relative to the jurisdiction of the family division in Rockingham county.

SB 469, relative to mutual insurance holding companies.

SB 470, relative to the administrative authority of the board of trustees for the regional community-technical colleges.

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 articles 12 of the 1999 Seabrook annual town meeting.

HB 505-FN, establishing a special license plate for veterans.

HB 1143-FN, relative to renaming New Hampshire route 28 in the town of Wolfeboro as the "Gary Parker Memorial Highway."

HB 1149, commemorating the anniversary of the founding of certain branches of the United States armed forces.

HB 1151, establishing a committee to study the creation of a New Hampshire local government records management trust and to consider funding alternatives.

HB 1156, establishing June 20th each year as Destroyer Escort Day.

HB 1160, relative to access to the enhanced 911 system.

HB 1191-FN-L, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas.

HB 1194, relative to the composition of planning boards in certain cities.

HB 1242, relative to the standard for modification of a child custody order.

HB 1265-FN, relative to registration of certain antique OHRVs.

HB 1322, relative to the regulation of certain outdoor advertising devices.

HB 1357-FN, relative to the sale of state-owned property in the towns of Belmont and Laconia.

HB 1373, relative to payments of first and second mortgage home loans.

HB 1382-FN, making it a felony for inmates to harass corrections personnel and others by propelling bodily fluids.

HB 1390, establishing a commission to study the relationship between public health and the environment.

HB 1422-FN, relative to the composition of and procedures for the appellate board of the department of employment security.

HB 1448, relative to the partition of real property.

HB 1450-FN, relative to hearings and appeals of equal pay claims.

HB 1465, extending the reporting date of the committee to study the non-group health insurance market.

HB 1559-FN, establishing a committee to study the organization and functions of the New Hampshire state port authority.

HB 1607, establishing a study committee to consider legislation reducing to zero the number of mentally retarded or developmentally disabled individuals in the state who are not receiving or have not received medicaid services.

HB 1614, naming 2 bridges.

SJR 1, concerning the status of the White Mountain National Forest within the U.S. Forest Service's forest management plan.

SCR 5, urging the New England states and New York to consider cooperative strategies to address the challenge of the high cost of prescription medicines.

SCR 6, urging the President and Congress to address the challenge of high prescription medication prices.

HCR 24, relative to integration of people with disabilities.

HCR 33, establishing a joint New Hampshire-Vermont legislative cooperative effort regarding the Connecticut river.

In recess.