Out of Recess.

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

HB 449-FN, requiring boating safety education.

HB 1287, relative to the membership of the water council.

HB 1378, establishing a task force to conduct an ongoing study of the feasibility of reestablishing passenger rail service on the Eastern Line from Newburyport, Massachusets to Kittery, Maine.

HB 1409, establishing a committee to study the feasibility of reestablishing the Lawerence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon Northern passenger rail service line.

HB 1455, relative to the authority of the fish and game department for the electronic issuance of licenses, permits, stamps and tags.

HCR 21, urging the federal government to increase the pay to military personnel.

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

SB 185, relative to the partition of real or personal property.

SB 314, establishing a committee to study the feasibility of driver education programs by correspondence schools.

SB 342, extending the reporting date of the committee studying the impact of federal welfare reform on the cities and towns of New Hampshire.

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

SB 341, extending the reporting date and changing the name of the committee to study the licensure of radiologic technologies.

SB 355, relative to name changes for criminal offenders.

SB 382, relative to appeals of release or detention orders.

2000-3951-EBA

08/01

Enrolled Bill Amendment to HB 1134

The Committee on Enrolled Bills to which was referred HB 1134

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

This enrolled bill amendment makes a technical correction in section 3 of the bill.

Amend section 3 of the bill by replacing line 10 with the following:

VIII. Private practice market.

Senator Trombly moved adoption.

2000-3967-EBA

03/09

Enrolled Bill Amendment to HB 569

The Committee on Enrolled Bills to which was referred HB 569

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

This enrolled bill amendment makes a grammatical correction.

Amend RSA 72:35, IV(a) as inserted by section 1 of the bill by replacing line 4 with the following:

amputee or paraplegic because of [a] service-connected injury, or the surviving spouse of such a

Senator Trombly moved adoption.

2000-3969-EBA

04/10

Enrolled Bill Amendment to HB 1594-FN

The Committee on Enrolled Bills to which was referred HB 1594-FN

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

This enrolled bill amendment makes a technical correction to amending language and corrects a typographical error.

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

2 Funding Evaluation. RSA 126-K:15, VI is repealed and reenacted to read as follows:

Amend RSA 126-K:17, II as inserted by section 3 of the bill by replacing line 1 with the following:

II. The commissioner shall review all requests and recommend awards, including amounts

Senator Trombly moved adoption.

2000-3970-EBA

08/10

Enrolled Bill Amendment to HB 449-FN

The Committee on Enrolled Bills to which was referred HB 449-FN

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

This enrolled bill amendment corrects amending language in section 2 of the bill.

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

2 Boat Safety Course. The introductory paragraph of RSA 270:46-a, III is repealed and reenacted to read as follows:

Senator Trombly moved adoption.

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 1102, relative to accessibility of veterans’ disability payments in divorce cases.

HB 1131-FN, relative to license revocations and suspensions.

HB 1146-L, relative to tax increment financing.

HB 1163, relative to the date of decision for appeals of zoning matters.

HB 1189-FN, relative to benefit amounts, fees assessed and the application of the state unemployment compensation law.

HB 1202-L, making technical corrections to 1999, 17 as amended and relative to fixing and mailing procedures in the administration and appeal of state and local taxes.

HB 1210-L, relative to capital reserve funds.

HB 1216, relative to petitions for warrant articles.

HB 1240, requiring insurers to make prompt payments.

HB 1241, relative to third person liability under the workers’ compensation law.

HB 1244, relative to the use of certain needle technology.

HB 1250, allowing an advanced registered nurse practitioner to declare a personal safety emergency and to transfer an inmate for a psychiatric inpatient emergency.

HB 1251, relative to driver education training reimbursement.

HB 1253, establishing a 4-year term for the commissioner of the department of corrections. HB 1265-FN, relative to registration of certain antique OHRVs.

HB 1316-L, prohibits school districts from using disbursements from the education trust fund as unanticipated revenue.

HB 1343-FN-A, appropriating available funds for fiscal year 2000 to provide funding to support research monitoring groundwater at reclamation sites that have had sludge applied.

HB 1344-FN, expanding the used oil program.

HB 1349-L, authorizing the department of environmental services to collect the costs of administering air pollution control from polluters at different rates for different pollutants, and relative to the mercury emissions reduction program and ash landfill study.

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

HB 1377, prohibiting managed care organizations from excluding certain physicians as providers and establishing a committee to study contracting methods.

HB 1406, relative to transition service.

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

HB 1424, relative to reevaluation of a person’s competency to stand trial.

HB 1438, relative to transportation of children for involuntary emergency admissions.

HB 1457, establishing a committee to study all aspects of the condominium act established under RSA 356-B.

HB 1463, making technical corrections related to the mental health system and guardianship hearings.

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

HB 1483, establishing a committee to study the application of non-conventional veterinary procedures for domestic animals.

HB 1492-FN, relative to clarifying the state’s stalking statute.

HB 1560-FN, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system.

HB 1562-FN, establishing criminal penalties for violations of orders of protection under the child protection act.

HB 1569-FN, requiring the department of environmental services to propose a voluntary testing program of public water supplies for methyl tertiary butyl ether (MTBE), and to study the amount of MTBE in gasoline in the state.

HCR 30, urging the United States Environmental Protection Agency to adopt recently proposed new emission standards for heavy-duty vehicles, at least as stringent as originally proposed, and to adopt a second phase of emission standards for heavy-duty vehicles and reductions in the sulfur content of highway diesel fuel.

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

HJR 21, calling for changes in the federal Clean Air Act regarding best available control technology and lowest achievable emission rate.

HJR 24, urging the United States Environmental Protection Agency and Congress to work with the northeastern states and gasoline refiners to authorize the use of a regional gasoline containing less or no MTBE additive and to promptly eliminate Clean Air Act requirements for oxygenates in gasoline.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 1102 - HJR 24 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 1102, relative to accessibility of veterans’ disability payments in divorce cases. Judiciary

HB 1131-FN, relative to license revocations and suspensions. Transportation

HB 1146-L, relative to tax increment financing. Energy and Economic Development

HB 1163, relative to the date of decision for appeals of zoning matters. Public Affairs

HB 1189-FN, relative to benefit amounts, fees assessed and the application of the state unemployment compensation law. Insurance

HB 1202-L, making technical corrections to 1999, 17 as amended and relative to fixing and mailing procedures in the administration and appeal of state and local taxes. Ways and Means

HB 1210-L, relative to capital reserve funds. Capital Budget

HB 1216, relative to petitions for warrant articles. Public Affairs

HB 1240, requiring insurers to make prompt payments. Insurance

HB 1241, relative to third person liability under the workers’ compensation law. Insurance

HB 1244, relative to the use of certain needle technology. Public Institutions, Health and Human Services

HB 1250, allowing an advanced registered nurse practitioner to declare a personal safety emergency and to transfer an inmate for a psychiatric inpatient emergency. Public Institutions, Health and Human Services

HB 1251, relative to driver education training reimbursement. Transportation

HB 1253, establishing a 4-year term for the commissioner of the department of corrections. Executive Departments and Administration

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

HB 1316-L, prohibits school districts from using disbursements from the education trust fund as unanticipated revenue. Education

HB 1343-FN-A, appropriating available funds for fiscal year 2000 to provide funding to support research monitoring groundwater at reclamation sites that have had sludge applied. Environment

HB 1344-FN, expanding the used oil program. Environment

HB 1349-L, authorizing the department of environmental services to collect the costs of administering air pollution control from polluters at different rates for different pollutants, and relative to the mercury emissions reduction program and ash landfill study. Energy and Economic Development

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

HB 1377, prohibiting managed care organizations from excluding certain physicians as providers and establishing a committee to study contracting methods. Public Institutions, Health and Human Services

HB 1406, relative to transition service. Executive Departments and Administration

HB 1422, relative to the composition of and procedures for the appellate board of the department of employment security. Executive Departments and Administration

HB 1424, relative to reevaluation of a person’s competency to stand trial. Judiciary

HB 1438, relative to transportation of children for involuntary emergency admissions. Public Institutions, Health and Human Services

HB 1457, establishing a committee to study all aspects of the condominium act established under RSA 356-B. Public Affairs

HB 1463, making technical corrections related to the mental health system and guardianship hearings. Public Institutions, Health and Human Services

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

HB 1483, establishing a committee to study the application of non-conventional veterinary procedures for domestic animals. Executive Departments and Administration

HB 1492-FN, relative to clarifying the state’s stalking statute. Judiciary

HB 1560-FN, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system. Insurance

HB 1562-FN, establishing criminal penalties for violations of orders of protection under the child protection act. Judiciary

HB 1569-FN, requiring the department of environmental services to propose a voluntary testing program of public water supplies for methyl tertiary butyl ether (MTBE), and to study the amount of MTBE in gasoline in the state. Environment

HCR 30, urging the United States Environmental Protection Agency to adopt recently proposed new emission standards for heavy-duty vehicles, at least as stringent as originally proposed, and to adopt a second phase of emission standards for heavy-duty vehicles and reductions in the sulfur content of highway diesel fuel. Environment

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

HJR 21, calling for changes in the federal Clean Air Act regarding best available control technology and lowest achievable emission rate. Environment

HJR 24, urging the United States Environmental Protection Agency and Congress to work with the northeastern states and gasoline refiners to authorize the use of a regional gasoline containing less or no MTBE additive and to promptly eliminate Clean Air Act requirements for oxygenates in gasoline. Environment

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

HB 246, relative to personnel transfers at the department of safety.

HB 1114, relative to creditable service in the retirement system for teachers in a job-sharing position.

HB 1126, relative to repealing the prohibition on rewards for procuring employment.

HB 1134, establishing a committee to study mental health care treatment under managed care plans.

HB 1225, relative to the name of the department of fish and game.

HB 1287, relative to the membership of the water council.

HB 1409, establishing a committee to study the feasibility of reestablishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon Northern passenger rail service line.

HB 1455, relative to the authority of the fish and game department for the electronic issuance of licenses, permits, stamps and tags.

HB 1523, relative to landlord-tenant obligations.

SB 355, relative to name changes for criminal offenders.

SB 382, relative of appeals of release or detention orders.

Senator D'Allesandro moved adoption.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

HB 1196, giving the police department of Lincoln authority to respond to emergency situations and exercise police duties in the unincorporated place of Livermore.

HB 1206, extending the reporting date of the committee studying alcohol and drug abuse prevention.

HB 1283, establishing a commission on the education of the deaf and hard of hearing in New Hampshire.

HB 1378, establishing a task force to conduct an ongoing study of the feasibility of reestablishing passenger rail service on the Eastern Line from Newburyport, Massachusetts to Kittery, Maine.

SB 341, extending the reporting date and changing the name of the committee to study the licensure of radiologic technologists.

Senator D'Allesandro moved adoption.

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Thursday, March 30, 2000 at 10:00 a.m.

The Senate met at 10:00 a.m.

A quorum was present.

The prayer was offered by the Reverend Hays M. Junkin, Senate Guest Chaplain.

Senator Brown led the Pledge of Allegiance.

The House of Representatives concurs with the Senate in its amendments to the following entitled House Bills send down from the Senate:

HB 1374, extending the reporting date for the sex offender issues study committee.

HB 1435, establishing a committee to study the immediate and long-term impact of changing methodology of communications and information technology as it applies to the right-to-know law.

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

HB 1198, establishing a procedure for the 2001 voter checklist verification.

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: Robert Clegg, Lynn Horton, Donald Stritch, Ray Buckley

HB 1198, establishing a procedure for the 2001 voter checklist verification.

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

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

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

HB 1200-FN, relative to the application of education property tax hardship relief to estate planning trusts.

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: Norman Major, Eric Anderson, Avis Nichols, Jean Wallin

HB 1200-FN, relative to the application of education property tax hardship relief to estate planning trusts.

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

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

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 357, extending the reporting date of the study committee reviewing field activities conducted by the department of health and human services in investigating reports of abuse and neglect.

SB 357, extending the reporting date of the study committee reviewing field activities conducted by the department of health and human services in investigating reports of abuse and neglect.

Senator Squires moved to concur.

HB 273, establishing a school building aid oversight committee. Education Committee. Vote 6-0. Inexpedient to Legislate, Senator Eaton for the committee.

HB 514-L, relative to change of school assignment and transfers of public school pupils. Education Committee. Vote 6-0. Inexpedient to Legislate, Senator D'Allesandro for the committee.

HB 699-FN-A, establishing the granite state scholars program and making an appropriation therefor. Education Committee. Vote 6-0. Ought to Pass, Senator McCarley for the committee

HB 1362-L, relative to the reconsideration of cost apportionment within a cooperative school district. Education Committee. Vote 6-0. Ought to Pass, Senator Larsen for the committee.

SB 360, adopting a pupil safety and violence prevention act. Education Committee. Vote 7-0. Ought to pass with amendment, Senator Larsen for the committee.

2000-3917s

04/10

Amend RSA 193-F:2 as inserted by section 1 of the bill by replacing it with the following:

193-F:2 Purpose and Intent. The general court hereby finds that:

I. All pupils have the inalienable right to attend public schools that are safe, secure, and peaceful. Violence is the number one cause of death for young people and has become a public health problem of epidemic proportion. One of the legislature’s highest priorities must be to protect our children from the plague of violence.

II. The fastest growing violent crime is hate crime, and it is incumbent upon us to ensure that all pupils attending public school are protected from potentially violent discrimination. Educators see how violence affects youth every day; they know first hand that youth cannot learn if they are concerned about their safety. This chapter is designed to protect the institution of learning as well as our pupils.

III. Not only do we need to address the issue of school violence but we also must strive to reverse the increase in teen suicide. The number of teens who attempt suicide, as well as the number who actually kill themselves, has risen substantially in recent years. Teen suicides in the United States have doubled in number since 1960 and every year over a quarter of a million adolescents in the United States attempt suicide. Approximately 4,000 of these attempts every year are completed. Suicide is the third leading cause of death for youths 15 through 24 years of age. To combat this problem we must seriously examine these grim statistics and take immediate action to ensure all pupils are offered equal protection from discrimination under New Hampshire law.

Amend RSA 193-F:4 as inserted by section 1 of the bill by replacing it with the following:

193-F:4 Discrimination Prohibited.

I. No person shall be subjected to discrimination, including harassment, on the basis of sex, ethnic group identification, race, national origin, religion, color, mental or physical disability, or sexual orientation in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state pupil financial aid.

II. Each local school board shall adopt policies relative to non-discrimination and harassment which are consistent with the provisions of this chapter and with the rules adopted by the state board of education.

III. Any school employee who has witnessed or knows of an incident involving any of the activities prohibited under this chapter shall report the incident to a person with authority to remedy the incident, who shall in turn report the incident to the superintendent.

IV. The remedy required in paragraph III shall be defined by the local school board. The local school board shall provide opportunities for educators to have sufficient knowledge and skills to be effective in preventing or responding to acts prohibited under this chapter.

V. A school employee who has reported violations under this chapter to the person with authority, or who has intervened under paragraph III, shall be immune from any cause of action which may arise from the failure to remedy the reported incident.

VI. For purposes of this section, "person with authority" means the principal.

VII. Any school employee acting under the provisions of this chapter shall be immune from any cause of action for any act taken pursuant to this chapter.

Amend the bill by replacing all after section 1 with the following:

2 New Subparagraph; State Board of Education; Rulemaking; Pupil Safety and Violence Prevention Rules Added. Amend RSA 21-N:9, II by inserting after subparagraph (bb) the following new subparagraph:

(cc) Procedures for local school boards and persons with authority to respond to, and provide relief and remedy for, reported incidents of pupil discrimination and harassment prohibited by RSA 193-F, which shall include due process procedures at the local school board level.

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

HB 1179, relative to final orders of the public utilities commission. Energy and Economic Development Committee. Vote 5-0. Ought to Pass, Senator Fraser for the committee.

HB 1318, establishing a committee to study the instability of kerosene, gasoline, diesel fuel, and home heating fuel prices. Energy and Economic Development Committee. Vote 4-0. Ought to Pass, Senator Disnard for the committee.

HB 1462, extending the report date and changing the membership and duties of the committee to study methods to promote the use of renewable energy sources. Energy and Economic Development Committee. Vote 4-0. Ought to Pass, Senator Below for the committee.

HB 1175, relative to license renewal for dental hygienists. Executive Departments and Administration Committee. Vote 6-0. Ought to Pass, Senator Francoeur for the committee.

HB 1301, relative to regional appointments to the state committee on aging. Executive Departments and Administration Committee. Vote 6-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2000-3905s

05/09

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

1 Committee Established; Organization; Meetings; Expenses; Membership. Amend RSA 161-F:7 to read as follows:

161-F:7 Committee Established; Organization; Meetings; Expenses.

I. There shall be a state committee on aging which shall consist of 18 members. [Three] The governor shall appoint 15 members [shall be appointed by the governor] with the approval of the council [from each of the 5 councilor districts established under RSA 662:2]. Those appointed by the governor shall include at least one member from each county. The committee shall also include the chairman of the joint legislative committee on elderly affairs, one representative appointed by the speaker of the house, and one senator appointed by the president of the senate. Each of the members shall serve for a term of 3 years except the legislative members' terms shall be co-terminous with their 2-year legislative terms. At least 8 members shall be 60 years of age or older at the time of their appointment, and not more than 8 members shall be of the same political party. Nine members shall constitute a quorum. No member shall serve more than 2 consecutive terms, and no member shall have a material financial interest in any agency receiving federal or other funds administered by the [committee] division of elderly and adult services.

II. The governor shall name one member of the committee to act as chairman. [His] The term of office as chairman shall be for 2 years. The chairman shall call the first meeting of the [council] committee. The committee shall elect a vice-chairman and a clerk.

III. The committee shall meet no less than once in each 3-month period.

IV. All members of the committee shall be reimbursed for actual expenses, including any necessary in-state travel connected with committee business at the mileage rate established for state employees, within the limits of the appropriation made therefor.

2 Effective Date. This act shall take effect 60 days after its passage.

HB 312, relative to the carrying of firearms in courthouses. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Trombly for the committee.

Senator Trombly moved to have HB 312, relative to the carrying of firearms in courthouses, laid on the table.

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

HB 568, establishing a program for performance evaluations of judges. Judiciary Committee. Vote 6-0. Ought to Pass, Senator Brown for the committee.

HB 1264-FN, relative to the unlawful use of theft detection shielding devices. Public Affairs Committee. Vote 5-0. Ought to pass with amendment, Senator Disnard for the committee.

2000-3953s

05/10

Amend the bill by replacing section 2 with the following:

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

HB 1413, relative to the rights of ownership of cemetery plots or burial spaces. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.

2000-3927s

09/01

Amend the bill by replacing section 4 with the following:

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

HB 279-FN-A, relative to refinancing the cost and rehabilitation of the Cheshire Bridge. Transportation Committee. Vote 4-0. Ought to Pass, Senator Below for the committee.

HB 630-FN-L, relative to the Skyhaven airport transfer plan. Transportation Committee. Vote 3-1. Ought to Pass, Senator Gordon for the committee.

HB 1161, making technical changes to the New Hampshire Aeronautics Act and establishing a committee to study revisions to the state aeronautics laws. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.

2000-3956s

09/04

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

I. The voting members of the committee shall be 7 members of the house of representatives, appointed by the speaker of the house.

Amend the bill by replacing section 6 with the following:

6 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

HB 1588, relative to the authority of the department of transportation regarding rail safety inspections. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2000-3950s

04/09

Amend RSA 367:55, III as inserted by section 2 of the bill by replacing it with the following:

III. The commissioner shall employ such expert, professional, or other assistance as is necessary to carry out the activities of this section, provided that a former railroad employee shall not perform inspections within the same railroad division in which he or she formerly worked for a period of one year from the date the person terminated his or her railroad employment.

Senator Gordon offered a floor amendment.

2000-3988s

05/10

Floor Amendment to HB 1588

Amend RSA 367:55, II as inserted by section 2 of the bill by replacing it with the following:

II. For railroad properties within the state that are not subject to federal regulation, the commissioner shall carry out such inspections as are necessary to maintain railroad safety within the state. If the commissioner finds any equipment or facilities to be unsafe, a proceeding shall be commenced as provided by law to develop an order for corrective action.

HB 1613, exempting police officers on bicycles from certain motor vehicle laws and rules. Transportation Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

Senator Klemm moved to have SB 379-FN, relative to lottery scratch tickets, taken off the table.

SB 379-FN, relative to lottery scratch tickets.

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.

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.

Senator Roberge offered a floor amendment.

2000-3964s

05/09

Amendment to SB 337-FN

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

Amend the bill by replacing all after section 2 with the following:

3 NCIC Record Checks Required Prior to Issuance of Permanent Driver's License. Amend RSA 263:5-a 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 again through the NCIC, in the manner prescribed in paragraph I(c).

4 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.

5 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 in the default bench warrant fund established in RSA 263:56-d to pay for costs associated with employing law enforcement official and other related expenses necessary to the enforcement of this section. No interest shall be computed on fines assessed before January 1, 2001. The commissioner shall have the discretion, as justice may require, to waive the payment of interest computed under this paragraph.

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 has paid the amount of the forfeited recognizance to the court.

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

2000-3964s

AMENDED ANALYSIS

This bill:

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

II. Authorizes the director of state police, department of safety, to establish a new unit of the state police and assign 2 to 5 police officers to serve criminal processes, warrants, and notices of court defaults, and to arrest persons wanted for outstanding warrants and court defaults.

III. Authorizes the collection of interest on outstanding unpaid fines, with proceeds dedicated to the default bench warrant fund, to pay the costs associated with enforcement of the bill’s provisions.

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

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

Senator Russman 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, laid on the table.

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.

Senator Larsen moved to have SB 399-FN-A, making an appropriation to the fish and game department for the purposes of the wildlife damage control program, taken off the table.

SB 399-FN-A, making an appropriation to the fish and game department for the purposes of the wildlife damage control program.

Senator Larsen offered a floor amendment.

Sen. Larsen, Dist. 15

Sen. Trombly, Dist. 7

2000-3962s

10/09

Floor Amendment to SB 399-FN-A

Amend paragraph I of section 1 of the bill by replacing it with the following:

I. In addition to any other sums previously appropriated, there is hereby appropriated the sum of $1 for the biennium ending June 30, 2001 to the fish and game department for the purpose of funding the wildlife damage control program. The governor is authorized to draw a warrant for such sum out of any money in the treasury not otherwise appropriated.

The following Senators voted No:

Senator Gordon moved to have HB 542-FN-A, repealing the legacies and succession tax, taken off the table.

HB 542-FN-A, repealing the legacies and succession tax.

Senator McCarley moved to have HB 542-FN-A, repealing the legacies and succession tax, laid on the table.

Senator Fraser moved to have HB 542-FN-A, repealing the legacies and succession tax, made a special order for Thursday, April 6, 2000 AT 10:01 a.m.

Senator Cohen moved to have HB 617-FN-A-L, relative to funding and monitoring seacoast harbor issues, taken off the table.

HB 617-FN-A-L, relative to funding and monitoring seacoast harbor issues.

Question is on the committee report of ought to pass.

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.

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 6, 2000 at 10:00 a.m.

SB 360, adopting a pupil safety and violence prevention act.

SB 379-FN, relative to lottery scratch tickets.

SB 399-FN-A, making an appropriation to the fish and game department for the purposes of the wildlife damage control program.

HB 568, establishing a program for performance evaluations of judges.

HB 617-FN-A-L, relative to funding and monitoring seacoast harbor issues.

HB 630-FN-L, relative to the Skyhaven airport transfer plan.

HB 699-FN-A, establishing the granite state scholars program and making an appropriation therefor.

HB 1161, making technical changes to the New Hampshire Aeronautics Act and establishing a committee to study revisions to the state aeronautics laws.

HB 1175, relative to license renewal for dental hygienists.

HB 1179, relative to final orders of the public utilities commission.

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 1318, establishing a committee to study the instability of kerosene, gasoline, diesel fuel, and home heating fuel prices.

HB 1362-L, relative to the reconsideration of cost apportionment within a cooperative school district.

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

HB 1462, extending the report date and changing the membership and duties of the committee to study methods to promote the use of renewable energy sources.

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

HB 1613, exempting police officers on bicycles from certain motor vehicle laws and rules.