SB 134-FN - AS INTRODUCED

 

 

2021 SESSION

21-0931

04/06

 

SENATE BILL 134-FN

 

AN ACT adopting omnibus legislation relative to civil actions and criminal liability.

 

SPONSORS: Sen. Carson, Dist 14

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill adopts legislation relative to:

 

I.  Prohibiting certain uses of laser pointing devices.

 

II.  The revised uniform law on notarial acts and the uniform real property electronic recording act.

 

III.  Incarceration under a suspended sentence.

 

IV.  Civil liability for damage to highways.

 

V.  Procedures for structured settlements.

 

VI. Establishing the New Hampshire collaborative law act.

 

VII.  Probate administration, distribution upon intestacy, and powers of attorney and adopting the uniform disclaimer of property interests act.

 

VIII. School employee and school volunteer criminal history background checks and establishing a committee to study department of education oversight of criminal history background checks for private schools.

 

IX.  Making an appropriation funding mental health intervention training programs.

 

X. Interference with the enjoyment of a dwelling place.

 

XI.  Employer access to motor vehicle records.

 

XII.  Authorization to grow industrial hemp.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0931

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT adopting omnibus legislation relative to civil actions and criminal liability.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Sponsorship. This act consists of the following proposed legislation:

Part I:  LSR 21-0931, relative to prohibiting certain uses of laser pointing devices, sponsored by Sen. Carson, Prime/Dist 14.

Part II: LSR 21-0498, relative to the revised uniform law on notarial acts and the uniform real property electronic recording act, sponsored by Sen. Cavanaugh, Prime/Dist 16; Sen. Hennessey, Dist 1; Sen. Bradley, Dist 3; Rep. Danielson, Hills 7.

Part III: LSR 21-0913, relative to incarceration under a suspended sentence, sponsored by Sen. Whitley, Prime/Dist 15; Sen. Perkins Kwoka, Dist 20; Sen. Kahn, Dist 10; Sen. D'Allesandro, Dist 20.

Part IV: LSR 21-0932, relative to civil liability for damage to highways, sponsored by Sen. Carson, Prime/Dist 14.

Part V:  LSR 21-0934, relative to structured settlement protection, sponsored by Sen. Carson, Prime/Dist 14.

Part VI:  LSR 21-0944, establishing the New Hampshire collaborative law act, sponsored by Sen. Carson, Prime/Dist 14.

Part VII:  LSR 21-0979, relative to probate administration, distribution upon intestacy, and powers of attorney and adopting the uniform disclaimer of property interests act, sponsored by Sen. Whitley, Prime/Dist 15; Rep. McWilliams, Merr 27; Rep. Piedra, Hills 9.

Part VIII:  LSR 21-1041, relative to school employee and school volunteer criminal history background checks and establishing a committee to study department of education oversight of criminal history background checks for private schools, sponsored by Sen. Kahn, Prime/Dist 10; Sen. Cavanaugh, Dist 16; Rep. Ladd, Graf 4.

Part IX:  LSR 21-0996, making an appropriation funding mental health intervention training programs, sponsored by Sen. Giuda, Prime/Dist 2; Sen. Watters, Dist 4; Sen. Hennessey, Dist 1; Sen. Sherman, Dist 24; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Rep. Salloway, Straf 5; Rep. Weyler, Rock 13; Rep. Gordon, Graf  9; Rep. Lang, Belk 4; Rep. G. Sanborn, Graf  6.

Part X:  LSR 21-0192, relative to interference with the enjoyment of a dwelling place, sponsored by Sen. Ward, Prime/Dist 8.

Part XI: LSR 21-1013, relative to employer access to motor vehicle records, sponsored by Sen. Carson, Prime/Dist 14.

Part XII:  LSR 21-0969, relative to authorization to grow industrial hemp, sponsored by Sen. Carson, Prime/Dist 14.

2  Legislation Enacted.  The general court hereby enacts the following legislation:

PART I

Relative to prohibiting certain uses of laser pointing devices.

1  Assault and Related Offenses; Conduct Involving Laser Pointing Devices.  RSA 631:3-a is repealed and reenacted to read as follows:

631:3-a  Conduct Involving Laser Pointing Devices.

I.  As used in this section:

(a)     Government    means the federal government, the state government or any political subdivision thereof, or a state or municipal agency or department, including any employee or agent.

(b)     Person    means any individual, partnership, limited liability company, corporation, or any other organization, including a for-profit and not-for-profit entity, but excluding government.

II.(a)  Any person in direct or remote control of a laser pointing device who knowingly shines the beam of a laser pointing device at an occupied motor vehicle, off highway recreational vehicle, snowmobile, vessel, window, or structure, or at a person shall be guilty of a violation and the laser pointing device shall be seized and forfeited upon conviction.

(b)  Any person in direct or remote control of a laser pointing device who knowingly shines the beam of a laser pointing device at an occupied aircraft shall be guilty of a misdemeanor and the laser pointing device shall be seized and forfeited upon conviction.

III.  Any person in direct or remote control of a laser pointing device who knowingly shines the beam of a laser pointing device at a law enforcement officer or law enforcement vehicle, off highway recreational vehicle, or snowmobile shall be guilty of a class A misdemeanor and the laser pointing device shall be seized and forfeited upon conviction.  

IV.  This section shall not prohibit aiming a beam of a laser pointing device at a motor vehicle, aircraft, vessel, window, structure, or at a person by any of the following:

(a)  An authorized person in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations.

(b)  The government or persons authorized by the government, including defense and aerospace contractors, engaged in research, development, operations, testing, or training.

(c)  An individual using a laser emergency signa