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Bar News - September 21, 2007 Legislation Bills to Laws: Chaptered Final Versions of 2007 Legislation
Editor’s note: The following are selected bills of the 2007 Chaptered Final Version list, arranged by practice area. For the complete list, go to http://www.gencourt.state.nh.us/ie/. For more on new legislation and its impact on practice areas (plus developments in caselaw and court and administrative rulemaking) attend the NHBA•CLE Developments in the Law program on Friday, Oct. 26, 2007, at the Radisson Hotel/Center of NH, in Manchester. See page 15 for details. Chapter No. Bill No. Title 0001 SB36 eliminating straight ticket voting. 0004 HB704 (New Title) relative to the commission on the status of men and relative to appropriations to the STARC armory and making appropriations for state matching funds for federal emergency management agency disaster assistance grants and energy expense shortfalls. 0005 HB72 relative to the payment of municipal sewage assessments. 0006 HB107 authorizing towns to charge property owners for solid waste removal. 0007 HB118 (New Title) reducing a prior appropriation to the department of transportation to purchase flood damaged property and extending the commission to determine the appropriate public use of the property. 0008 HB120 relative to extending polling hours. 0009 HB132 relative to domicile for voting purposes. 0010 HB133 relative to voter registration forms. 0011 HB155 relative to membership of the state building code review board. 0012 HB166 relative to the definition of a bridge. 0015 HB242 relative to the declaration of candidacy form. 0024 HB514 relative to the applicable minimum wage for hourly employees. 0025 HB361 (New Title) relative to certain laws governing public utilities and the proposed acquisition of certain assets and franchises of Verizon by FairPoint. 0026 HB873 establishing minimum renewable standards for energy portfolios. 0027 HB39 repealing the penalty provision in discretionary preservation easements. 0028 HB89 (New Title) establishing a committee to study dispute resolution between local political subdivisions and public employees in New Hampshire. 0029 HB98 relative to the situation of landfills on land owned by municipalities. 0030 HB169 (New Title) relative to penalties for insurers or adjusters knowingly underestimating the value of an insurance claim. 0031 HB216 establishing a commission to study the causes, effects, and remediation of siltation in the Great Bay Estuary. 0033 HB228 relative to the definition of “medical necessity” under the managed care law. 0034 HB240 relative to the amount of child support arrearage triggering the denial of a passport. 0035 HB257 allowing towns to appoint or elect a town treasurer. 0037 HB532 relative to insurance fraud. 0040 HB42 (New Title) relative to resource protection sections of local master plans. 0042 HB198 (New Title) relative to collection of taxes on land with a discretionary easement or subject to community revitalization tax relief penalty assessments and relative to the calculation of penalties applied to tax-deeded properties. 0043 HB609 relative to disclosure of campaign contributions in local elections. 0045 SB37 relative to accidental death benefit payments in the city of Manchester employees’ contributory retirement system. 0046 SB39 allowing a newly-retired supreme court justice to continue to participate as a temporary justice in a case held before retirement but decided after. 0048 SB51 transferring authority over court forms from the supreme court to the judicial branch administrative council. 0049 SB164 relative to renewals and reinstatements of licenses issued by the board of dental examiners and procedures of the board. 0050 SB200 relative to the state directory of new hires. 0051 SB252 relative to publication of supreme court reports. 0053 HB301 relative to nonresident registration of motor vehicles. 0055 HB458 relative to the exemption of replacement or redundant wells from the large groundwater withdrawal permitting process. 0056 HB122 (New Title) naming a bridge in the town of Henniker after Sergeant Russell M. Durgin. 0058 HB437 (New Title) permitting same gender couples to enter civil unions and have the same rights, responsibilities, and obligations as married couples. 0059 HB152 relative to public access to meeting minutes. 0060 HB153 relative to standards for bridge and highway construction. 0061 HB468 relative to establishing the freedom’s way heritage area and commission. 0064 HB32 (New Title) establishing a commission to study voter registration cards. 0065 HB41 relative to human immunodeficiency virus education, prevention, and control. 0067 HB71 (New Title) prohibiting the sale, rent, lease, transfer, or distribution of records, information, or lists of licensed dog owners in New Hampshire to another person by the town clerk’s office. 0068 HB99 relative to the youth employment law. 0069 HB101 relative to annual training for members of the workers’ compensation appeals board. 0073 HB158 (New Title) requiring insurance companies to allow covered persons to purchase an up-to-90-day supply of covered prescription drugs on the covered person’s health plan formulary under certain circumstances. 0075 HB191 (New Title) relative to the authority to unseal ballots following a state election. 0078 HB227 relative to identity theft. 0080 HB249 (New Title) relative to preliminary objections to rules made by the joint legislative committee on administrative rules, and relative to extending the study committee on the rules process. 0082 HB311 (New Title) establishing a committee to review liability issues for commuter rail operations. 0083 HB312 relative to alternative providers for certain health services. 0085 HB362 (New Title) relative to the advisory committee on quality of vital records information. 0086 HB394 relative to notice to defendants in small claims actions. 0089 HB459 (New Title) relative to the identification of wells and monitoring wells. 0090 HB542 (New Title) establishing a study committee to study the approval process of nursing education programs and allowing registered nurses to pronounce an anticipated death in an assisted living residence. 0092 HB556 relative to school emergency response plans. 0093 HB566 relative to the housing of inmates in county correctional facilities. 0094 HB571 relative to full-time seasonal state employees. 0096 HB608 relative to the number of ballots furnished by the secretary of state for a state general election. 0097 HB629 (New Title) relative to authorizing continued membership in the Manchester employees’ contributory retirement system, and relative to the Nashua public works retirement system. 0098 HB636 relative to physician credentialing under the managed care law. 0099 HB701 relative to the definition of a school district in the case of unincorporated towns or unorganized places. 0100 HB705 relative to the disposal of highway or turnpike funded real estate. 0104 HB889 relative to securities regulation. Chapter No. Bill No. Title 0107 SB28 redefining the “board of the public employer for the judiciary” in public employee collective bargaining. 0108 SB40 relative to the modular building code. 0110 SB65 (2nd New Title) requiring that the state provide 21 days’ written notice to the defendant prior to jury selection for his or her trial of the state’s request for an extended term of imprisonment. 0111 SB80 relative to qualified minor’s trusts. 0113 SB99 relative to the terms for payment in lieu of taxes for renewable generation facilities. 0114 SB100 relative to the authority of a real estate escrow agent to hold funds in the event of a dispute. 0115 SB104 ( New Title ) relative to the directory of charitable trusts. 0116 SB105 repealing the bond requirement for fund raising counsel of a charitable trust. 0117 SB108 making technical corrections to the probate laws. 0119 SB132 allowing marital masters to be reimbursed for certain expenses and repealing a provision permitting court stenographers to be reimbursed for expenses. 0120 SB145 allowing marital masters and registers and deputy registers of probate to perform notarial acts. 0121 SB193 relative to adjustments to the child support guidelines under special circumstances. 0122 SB194 establishing a commission to study the trafficking of persons across borders for sexual and labor exploitation. 0123 SB195 relative to unemployment benefits for persons needed to care for family members who are disabled. 0125 SB234 relative to privileges, benefits, and immunities for national guard members. 0126 SB261 naming the state law library the John W. King law library. 0129 HB721 (New Title) relative to the appropriation to the department of health and human services for rates paid for nursing services, and relative to reimbursement for home and community-based care providers. 0132 HB180 relative to pay and allowances for officers and enlisted members of the national guard. 0135 HB336 requiring notice of the classifications of employee and independent contractor. 0136 HB344 relative to conduct of recounts. 0137 HB395 relative to penalties for computer crime. 0138 HB439 relative to certain rulemaking authority of the commissioner of environmental services. 0139 HB446 (New Title) relative to criminal threatening in a safe school zone. 0141 HB480 relative to party columns listing names on ballots. 0143 HB534 relative to political committees of political parties. 0145 HB554 requiring that funds in the civil legal services fund be distributed to New Hampshire Legal Assistance to establish an office in Concord. 0146 HB598 repealing certain foreign dividend deductions under the business profits tax and repealing an exemption to the real estate transfer tax. 0148 HB602 relative to child support enforcement. 0149 HB703 relative to day reporting programs in the county department of corrections. 0150 HB733 relative to certain authority and procedures of the department of revenue administration. 0152 HB844 authorizing the commissioner of revenue administration to issue demands for records for purposes of interest and dividends tax audits and to seize and destroy unstamped and invalidly stamped tobacco products. 0154 HB866 (New Title) relative to the right-to-know law application to public utilities commission matters. 0158 HB86 establishing a committee to study educational and social services programs that serve families with children 6 years old and younger. 0159 HB104 relative to renewal of drivers’ licenses by certain national guard members. 0164 HB226 relative to the investment of trust funds. 0166 HB273 relative to special needs trusts. 0168 HB303 (New Title) allowing Sunday dancing and repealing the prohibition on transporting moving picture films aboard passenger train cars. 0169 HB318 relative to large groundwater withdrawals. 0170 HB323 (New Title) establishing a committee to study liquor commission revenues, enforcement, and training. 0172 HB426 relative to workers’ compensation rates and resolution of disputes relative to classification of employees or independent contractors. 0173 HB444 relative to parental rights in abuse and neglect cases. 0177 HB549 relative to accepting a purchase and sale agreement on developed waterfront property. 0178 HB551 (New Title) allowing cities and towns to use capital reserve funds for debt repayment. 0182 HB709 making various changes to department of revenue administration authority concerning property tax administration. 0183 HB719 (New Title) relative to the statute of limitations for fire code violations and placing restrictions on an exception for the storage of black gunpowder by historical reenactors and certain nonprofit entities. 0184 HB803 relative to the sale of tax-deeded property. 0185 SB30 combining the judicial branch salary adjustment fund and the judicial branch benefit adjustment account into a single fund. 0186 SB33 equalizing the pay of administrative judges in the judicial branch. 0187 SB81 (New Title) relative to the state building code. 0189 SB107 authorizing the judicial branch family division and the superior court to use bail commissioners in civil cases. 0190 SB113 relative to the position of special justice in the district court. 0191 SB128 establishing an enhanced penalty for injuring another as a result of resisting arrest. 0192 SB135 establishing a commission to study lowering costs of health insurance for small businesses. 0193 SB139 relative to the asset transfer penalty in Medicaid. 0194 SB258 relative to reliance on ethics committee advisory opinions. 0195 SB254 relative to legal representation during contract negotiations. 0198 SB207 extending the committee to study the funding necessary to operate the hazardous materials program in New Hampshire. 0199 SB184 relative to residential home care services providers. 0200 SB182 establishing a committee to study the confidentiality of health care records in abuse and neglect proceedings. 0203 SB42 prohibiting smoking in restaurants, cocktail lounges, and certain enclosed public places. 0205 HB43 (2nd New Title) relative to the procedure for establishing Medicaid reimbursement rates; relative to reimbursement rates for hospital-based physician and outpatient services; and establishing a committee to study Medicaid payments for hospital-based physician and outpatient services. 0210 HB236 relative to the use of “farmer’s markets” in trade names. 0211 HB252 relative to exemptions from the permitting process for excavating and dredging. 0212 HB272 (2nd New Title) relative to presidential primary elections and relative to election affidavits. 0213 HB292 (New Title) relative to consideration of the preference of a mature minor in the modification of parental rights and responsibilities. 0214 HB316 (New Title) relative to the 5-year assessment review by the department of revenue administration, and ratifying certain actions of the 2007 Kearsarge regional school district meeting. 0215 HB345 relative to certification of death certificates. 0216 HB393 relative to information filed by utilities paying the utility property tax. 0217 HB397 relative to restricted drivers’ licenses. 0218 HB457 (New Title) allowing local governing bodies to restrict lawn watering during declared droughts. 0221 HB649 relative to the disposition of real estate given, devised, or bequeathed to a town for charitable or community purposes. 0223 HB718 (2nd New Title) establishing a committee to study the cost, quality, accountability and oversight standards used by the state when contracting with private entities for delivery of public services. 0224 HB727 (New Title) establishing a commission to study health insurance coverage in the construction industry. 0225 HB743 relative to the rights of crime victims while making a victim impact statement. 0227 HB827 relative to the reasonable cost of medical support for dependent children. 0231 SB60 relative to compensations for injuries and illnesses suffered by national guard members on state active duty. 0232 SB101 relative to payment of costs for certain students attending alternative education programs. 0234 SB133 relative to the escrow fund for court facility improvements. 0235 SB136 relative to the attorney general’s authority to appoint, organize, and assign investigatory personnel at the department of justice. 0236 SB152 relative to permanency planning for delinquent children, abused and neglected children, and children in need of services. 0237 SB154 relative to the worker’s compensation compliance statement. 0238 SB219 (2nd New Title) establishing a committee to study the effectiveness of current preservation planning tools designed to prevent unnecessary demolitions of significant historic properties and recommend new incentives to aid communities, improvements to existing methods, or creation of new programs. 0239 SB229 relative to restitution ordered against an inmate. 0240 SB231 exempting certain department of corrections practices and procedures from the provisions of RSA 541-A. 0242 SB18 raising the age of required attendance of children in school. 0243 HB685 (New Title) prohibiting New Hampshire from participating in a national identification card system, and establishing a death benefit to be paid to the family of a police officer or firefighter killed in the line of duty and establishing a committee to study the eligibility for and award of the benefit. 0244 HB44 (New Title) relative to the authority of authorized persons to take custody of nuisance dogs. 0245 HB148 establishing a commission to study pharmaceutical costs and the 340B Drug Pricing Program. 0246 HB256 (2nd New Title) relative to the duties and powers of town treasurers. 0247 HB286 relative to a Medicaid waiver for family planning services. 0248 HB305 (New Title) establishing a task force to develop legislation for expanding access to affordable health insurance for the 2008 and 2009 legislative session. 0249 HB406 relative to access to state child support enforcement records. 0252 HB672 establishing a commission to study requirements for safe and secure landfills. 0253 HB699 establishing a commission to study methods and costs of sewage, sludge, and septage disposal. 0254 HB710 establishing a commission to study issues relative to the practice of leasing state-owned real estate on the shores of public waters. 0255 HB782 (New Title) relative to reinsurance intermediaries, conduct of examinations, and certain business transfer tax credits. 0256 HB862 establishing an incapacitated adult fatality review committee. 0257 HB914 (New Title) establishing a committee to study issues related to cooperative school districts. 0258 SB59 (New Title) establishing a committee to study the effect on the unemployment compensation trust fund of employers with negative balance separate accounts. 0260 SB76 (New Title) establishing a commission to study the proper allocation of costs for transporting convicted persons and methods for minimizing the costs of transporting convicted persons. 0265 HB184 repealing the parental notification law. 0267 HB383 (New Title) relative to waterfront buffer and woodland buffer requirements in the comprehensive shoreland protection act. 0268 HB653 (New Title) relative to the determination of benefits, funding, and administration of the New Hampshire retirement system. 0269 HB663 (2nd New Title) relative to the protected shoreland permitting process and establishing and funding positions within the department of environmental services. 0270 HB927 (New Title) relative to the specific criteria and substantive educational program that define an adequate education, the resources required to provide an adequate education, and the establishment of a timetable for costing an adequate education. 0271 SB134 (2 nd New Title) establishing a research and development credit against business taxes and requiring the commission of resources and economic development to report on the research and development tax credit program. 0274 HB94 relative to overpayments of child support. 0276 HB194 (New Title) relative to laboratories conducting alcohol concentration tests and relative to the alcohol ignition interlock program. 0284 HB707 relative to the time frames for hearings in domestic violence cases. 0286 HB731 relative to the use of vehicle information or location tracked by an electronic toll collection system. 0287 HB812 (New Title) relative to certain exceptions to limits on land application of septage and sludge. 0289 HB921 making technical changes in the insurance laws. 0295 HB205 relative to procedures for certain court ordered out-of-district placements. 0296 HB337 (New Title) relative to penalties for failure to have workers’ compensation coverage and continually appropriating a special fund. 0297 HB517 (2nd New Title) establishing a commission to investigate cost drivers in providing health care and establishing the New Hampshire Rx advantage program and continually appropriating a special fund and making an appropriation therefor. 0299 HB611 (2nd New Title) relative to payment of wages by automated pay card. 0300 HB895 relative to licensure of court reporters. 0301 SB29 updating laws relative to child impact seminars to reflect the implementation of the judicial branch family division. 0302 SB38 relative to uninsured or hit-and-run motor vehicle coverage. 0303 SB46 (New Title) requiring criminal history record checks of all applicants to practice medicine in New Hampshire, and revising the criminal history record checks under the nurse practice act. 0305 SB58 relative to the recommendation for the town budget. 0306 SB64 changing the dates of the reports on court facilities made to the supreme court by the court accreditation commission and made to the commissioner of administrative services by the supreme court. 0307 SB69 relative to exceptions to the confidentiality provisions for certain department of employment security records. 0308 SB71 relative to setback requirements for new landfills located near designated rivers. 0312 SB159 relative to polling place arrangement and accessibility. 0313 SB178 relative to the judicial retirement plan. 0314 SB189 relative to medical benefits under motor vehicle insurance. 0317 SB242 establishing the intellectual property business loan development program. 0318 SB244 (New Title) relative to employers withholding from employees’ wages for certain purposes. 0319 HB37 relative to notification requirements for criminal offenders. 0321 HB187 (2nd New Title) establishing that sheriffs’ departments have authority to enforce civil orders. 0322 HB365 (New Title) regulating the practice of foreclosure consultants and pre-foreclosure conveyances. 0323 HB471 relative to workers’ compensation compliance in the construction sector and continually appropriating a special fund. 0324 HB488 (2nd New Title) relative to the state chief medical examiner and medico-legal death investigations. 0325 HB495 (New Title) relative to criminal record and central registry checks of prospective foster and adoptive parents and relative to the custody of a child placed by the court in a delinquency proceeding or a proceeding for a child in need of services (CHINS). 0328 HB661 establishing an executive planning commission on special education. 0329 HB664 (New Title) relative to annual dam registration and permit application fees and authorizing the city of Manchester to establish a stormwater utility. 0330 HB723 (New Title) extending the moratoriums on nursing home beds and rehabilitation and relative to long-term care. 0331 HB735 (New Title) relative to the form of the presidential primary election ballot, relative to administration of official oaths, and relative to assistant election officials. 0334 SB35 (2nd New Title) making an appropriation for disaster relief assistance in response to the May 2006 and April 2007 floods and establishing a committee to study the distribution of financial disaster assistance. 0335 SB41 (New Title) relative to the authority of law enforcement officers to obtain registration checks on motor vehicles for official purposes and prohibiting the use of automated number plate scanning devices. 0336 SB52 relative to authorizing the attorney general to bring actions for violations of New Hampshire combination and monopolies law. 0337 SB66 (New Title) relative to involuntary civil commitment of sexually violent predators and relative to payment of the sex offender registration fee by criminal offenders. 0338 SB93 relative to insurance coverage for children’s early intervention therapy services. 0343 SB161 (New Title) relative to the registration fees for mortgage servicing companies and relative to debt adjustment services. 0344 SB170 establishing an office of mediation and arbitration within the judicial branch. 0345 SB192 establishing an outreach program in the children’s health insurance program. 0346 SB204 relative to collection of debts owed the state. 0347 SB206 (New Title) relative to the investment authority of local government entities and authorizing the city of Nashua to purchase Pennichuck Corporation stock. 0350 HB87 relative to the exceptions to compulsory school attendance. 0351 HB767 (New Title) relative to insurance for volunteer drivers and establishing a state coordinating council for community transportation. 0352 HB790 (2nd New Title) relative to dependent coverage for health insurance. 0353 HB797 regulating mandatory overtime for nurses and assistants. 0354 HB828 (2nd New Title) relative to corrupt practices as defined in RSA 640 and state reporting requirements for gifts, honorariums, and expenses. 0355 HB876 (2nd New Title) establishing a commission to make recommendations to ensure the long-term viability of the New Hampshire retirement system, and making an appropriation therefor. 0356 HB882 relative to limitations on tort liability of government units. 0358 SB67 relative to implementation of the recommendations of the YDC master plan and making an appropriation therefor. 0362 SB92 relative to the definition of employee and clarifying the criteria for exempting workers from employee status. 0363 SB138 (New Title) relative to the waiting list for services to persons with developmental disabilities and acquired brain disorders. 0364 SB140 (New Title) relative to transmission upgrades, the process for siting renewable generation facilities, and the study of demand response programs and distributed generation. 0365 SB162 establishing a commission to oversee and negotiate issues relative to the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO). 0366 SB168 establishing tuition waivers for foster children. 0368 SB216 relative to certification of employee organizations to represent public employees. 0369 SB222 relative to health insurance for national guard members. 0370 SB223 (New Title) establishing a New Hampshire medal of honor and prohibiting funeral protests. 0371 HB83 (New Title) relative to the deliberations of the board of tax and land appeals under the right-to-know law. 0372 HB202 (New Title) relative to a point system for automobile dealer and inspection station violations, appointments to the motor vehicle industry board, and the regulation of snowmobiles as motor vehicles in certain circumstances. 0373 HB306 establishing a task force on work and family. 0376 HB903 (New Title) prohibiting delivery of oil to non-compliant underground storage facilities and establishing requirements for guaranteed price plans and prepaid contracts for home heating oil, kerosene, or liquid petroleum gas. 0377 SB98 (New Title) relative to party access to voter information. 0379 SB197 relative to continuation of group health insurance in the event of divorce or legal separation.
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