HB 1332 – AS AMENDED BY THE SENATE
01Feb2006… 0400h
05/04/06 2115s
2006 SESSION
05/04
HOUSE BILL 1332
AN ACT establishing a commission to study certain judiciary-related issues.
SPONSORS: Rep. Hamm, Merr 4; Rep. Wall, Straf 7; Rep. Hammond, Graf 11; Rep. Charron, Rock 7; Rep. MacKay, Merr 11; Sen. Fuller Clark, Dist 24; Sen. Martel, Dist 18
COMMITTEE: Health, Human Services and Elderly Affairs
This bill establishes a commission to study:
I. Health care in New Hampshire correctional facilities.
II. Whether or not to restrict the department of health and human service’s ability to recover the cost of medical assistance from life estates created before July 1, 2005 or created 5 years prior to the decedent’s eligibility for such assistance.
III. Whether or not to authorize the department of health and human services to compel the sale of the primary residence of a surviving joint owner as part of the department’s estate recovery practice.
IV. Whether or not to prohibit certain convicted felons from obtaining a license and hunting wild birds and wild animals.
V. Whether or not to require emergency care providers to report any relevant information on certain sexual assault crimes to law enforcement officials, and whether an emergency care provider who has shown due diligence shall be held liable for failure to suspect abuse, or for reporting to law enforcement officials in good faith, without malice, any suspected abuse.
VI. Whether the court should have discretion, in certain cases of domestic violence, to permit a victim’s tenancy to continue.
VII. The weighted caseload system and its impact on the number of judges needed in and assigned to certain district courts.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01Feb2006… 0400h
05/04/06 2115s
06-2292
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT establishing a commission to study certain judiciary-related issues.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Commission Established. There is established a commission to study certain judiciary-related issues.
2 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Three members of the senate, appointed by the president of the senate.
(b) Four members of the house of representatives, appointed by the speaker of the house of representatives.
(c) The commissioner of the department of corrections, or designee.
(d) A representative of the New Hampshire Association of Counties, appointed by that organization.
(e) A representative of the New Hampshire Medical Society, appointed by that organization.
(f) A representative of New Hampshire Legal Assistance, appointed by that organization.
(g) A representative of the Disabilities Rights Center, appointed by that organization.
(h) A representative of the New Hampshire chapter of the National Alliance for the Mentally Ill, appointed by that organization.
(i) A representative of the New Hampshire Psychiatric Society, appointed by that organization.
(j) Two public members, one of whom shall be a professional substance abuse counselor, appointed by the governor.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The commission shall study:
I. The adequacy of health care services in New Hampshire correctional facilities, including state prisons, county correctional facilities, and youth correctional facilities, and make such recommendations as the commission deems appropriate. The commission shall solicit information and testimony from such agencies, organizations, and individuals as may assist the commission in the performance of its duties.
II. Whether or not to restrict the department of health and human service’s ability to recover the cost of medical assistance from life estates created before July 1, 2005 or created 5 years prior to the decedent’s eligibility for such assistance.
III. Whether or not to authorize the department of health and human services to compel the sale of the primary residence of a surviving joint owner as part of the department’s estate recovery practice.
IV. Whether or not to prohibit certain convicted felons from obtaining a license and hunting wild birds and wild animals.
V. Whether or not to require emergency care providers to report any relevant information on certain sexual assault crimes to law enforcement officials, and whether an emergency care provider who has shown due diligence shall be held liable for failure to suspect abuse, or for reporting to law enforcement officials in good faith, without malice, any suspected abuse.
VI. Whether the court should have discretion, in certain cases of domestic violence, to permit a victim’s tenancy to continue.
VII. The weighted caseload system and its impact on the number of judges needed in and assigned to certain district courts.
4 Chairperson. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section.
5 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2006.
6 Effective Date. This act shall take effect upon its passage.