CHAPTER 206
SB 134-FN - FINAL VERSION
03/18/2021 0775s
3Jun2021... 1341h
3Jun2021... 1801h
06/24/2021 2019CofC
06/24/2021 2078EBA
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
AMENDED 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. Procedures for structured settlements.
V. Establishing the New Hampshire collaborative law act.
VI. Probate administration, distribution upon intestacy, and powers of attorney and adopting the uniform disclaimer of property interests act.
VII. 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.
VIII. Making an appropriation funding mental health intervention training programs.
IX. Employer access to motor vehicle records.
X. Authorization to grow industrial hemp.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/18/2021 0775s
3Jun2021... 1341h
3Jun2021... 1801h
06/24/2021 2019CofC
06/24/2021 2078EBA 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:
206:1 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 21-0934, relative to structured settlement protection, sponsored by Sen. Carson, Prime/Dist 14.
Part V: LSR 21-0944, establishing the New Hampshire collaborative law act, sponsored by Sen. Carson, Prime/Dist 14.
Part VI: 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 VII: 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 VIII: 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 IX: LSR 21-1013, relative to employer access to motor vehicle records, sponsored by Sen. Carson, Prime/Dist 14.
Part X: LSR 21-0969, relative to authorization to grow industrial hemp, sponsored by Sen. Carson, Prime/Dist 14.
206:2 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 signaling device to send an emergency distress signal, in an organized meeting or training class by the instructor or speaker, the use of medical lasers by qualified medical personnel, sporting use related only to calibrate distance without violating the prohibitions set forth in paragraph III, agricultural use, use related to land surveying, construction lasers used by construction personnel in the course of their work or other use of lasers for lawful business purposes, or lawful laser devices utilized by law enforcement personnel in the performance of their official duties.
(d) Vehicle sensors, including those used for navigational aids, and research, development, test, evaluation, and operation of autonomous vehicles, as permitted by law.
(e) An individual authorized by the owner of the motor vehicle, aircraft, vessel, window, or structure.
(f) An individual authorized by the person, or the parent or guardian of the person.
2 New Hampshire Aeronautics Act; Prohibitions. Amend RSA 422:28, XIV to read as follows:
XIV. [For any person to purposely or knowingly shine the beam of a laser pointing device at an aircraft that is in flight or in the process of takeoff, landing, or taxiing] For any person in direct or remote control of a laser pointing device to knowingly shine the beam of a laser pointing device at an aircraft that is in flight or in the process of takeoff, landing, or taxiing, except as permitted under RSA 631:3-a, IV.
3 Effective Date. Part I of this act shall take effect January 1, 2022.
PART II
Relative to the revised uniform law on notarial acts and
the uniform real property electronic recording act.
1 Notaries Public. Amend RSA 455:3 to read as follows:
455:3 Powers.
I. Every notary public, in addition to the usual powers of the office, shall have the same powers as a justice of the peace in relation to depositions and the acknowledgment of deeds and other instruments and the administering of oaths.
II. All [acknowledgments made] notarial acts performed by a notary public with respect to a record shall be either under an embossed official seal or shall carry the legible imprint of an electronic or rubber official [rubber] stamp stating the name of the notary, the words "notary public, New Hampshire" and the expiration date of the notary public's commission.
III. As used in this section:
(a) Electronic has the same meaning given in RSA 456-B:1, VI;
(b) Notarial act has the same meaning given in RSA 456-B:1, I;
(c) Official stamp has the same meaning given in RSA 456-B:1, IX; and
(d) Record has the same meaning given in RSA 456-B:1, XI.
2 New Paragraph; Notarial Fees. Amend RSA 455:11 by inserting after paragraph II the following new paragraph:
III. For performing notarial acts for a remotely located individual under RSA 456-B:6-a, a notary public shall be entitled to a fee of $25 per act.
3 Uniform Law on Notarial Acts; Definitions. Amend RSA 456-B:1 to read as follows:
456-B:1 Definitions.
I. "Notarial act" means [any act that a notary public] an act, whether performed with respect to a tangible or electronic record, that a notarial officer is authorized to perform under the law of