1987 HB551 Legislative History

Versions of HB551:

House Index 1987

[HJ 1351] HB 551-FN, relative to computer based public records. (King of Graf. 6 et al - To Executive Departments and Administration)
95, Com 353, 1215

House Index 1988

HB 551-FN, relative to computer based public records.
New title: establishing a study committee relative to computer-based public records.
am 138-140, psd 217, nonconc S am, conf 787, 847, 877, rep adop S 896, rules suspended (RC) 905-907, rep rej (RC) 919-921, IP 964

Senate Index 1988

HB 551-FN, establishing a study committee relative to computer-based public records.
83, am & LT 416-417, am 691-696, psd 701, H nonconc, conf 850, rules suspended & rep adop 1155-1160 (HIP)

From 1987 House Journal, 1988 House Journal and Senate Journal

Thursday, February 12, 1987

[HJ 90] Rep. Palumbo offered the following:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 456 through 727 and House Joint Resolution numbered 3 and Concurrent Resolutions Proposing Constitutional Amendments numbered 17 through 19 and House Bills of Intent numbered 2014 and 2015 and Houe Concurrent Resolutions numbered 4 through 7 and House Resolutions numbered 17 through 20, shall be by this resolution read a first and [HJ 91] second time by the therein listed titles, sent for printing, and referred to the therein designated committees.

Adopted.

INTRODUCTION OF HOUSE BILLS, HJR, CACRs, HBIs, HCRs and HRs

First, second reading and referral

[HJ 95] HB 551-FN, relative to computer based public records. (King of Grafton Dist. 6; McCain of Rockingham Dist. 11; Hall of Hillsborough Dist. 16 - To Executive Departments and Administration)

Friday, March 13, 1987

[HJ 347] Rep. Harold Burns moved that the Consent Calendar with the relevant amendments as printed in the day's House Record be adopted.

Adopted.

COMMITTEE REPORTS
(Consent Calendar)

[HJ 353] HB 551-FN, relative to computer based public records. Re-Refer to Committee.

This bill presents a proposal that is very worthwhile. It should serve to increase the efficiency of state government, and particularly, serve the needs of the general citizenry for information contained in public records. There are some serious problems involved that need further study. Of particular importance is the need to balance the right of each individual to privacy against the need for public access to governmental records. Vote 15-0. Rep. Paul R. Fillion for Executive Departments and Administration.

Report adopted.

[HJ 1213] BILLS RE-REFERRED TO COMMITTEE BY HOUSE

[HJ 1215] HB 551, relative to computer based public records.

Tuesday, January 12, 1988

[HJ2 136] Rep. Palumbo moved that the Consent Calendar with the relevant amendments as printed in the day's House Record be adopted.

Adopted.

COMMITTEE REPORTS (Consent Calendar)

[HJ2 138] HB 551-FN, relative to computer based public records. Ought to Pass with Amendment.

This bill establishes a study group to investigate, recommend and, if necessary, prepare legislation to address the need to continue to provide the public with access to computer records and maintain the public's access under RSA 91-A - "Right-to-Know." Vote 14-0. Rep. William F. McCain for Executive Departments and Administration.

Amendment

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

[HJ2 139] AN ACT

establishing a study committee relative to
computer-based public records.

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

1 Purpose. The general court recognizes that citizen access to public information is essential if government is to be responsive to the citizenry.

2 Committee Established.

I. There is hereby established a committee to develop a standard data dictionary to make it possible to allow the public greater access to computer-based public records. The members of the committee shall be:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) Three members of the senate, appointed by the president of the senate.

(d) The commissioner of health and human services or her designee.

(e) The commissioner of the department of employment security or his designee.

(f) The commissioner of the department of transportation or his designee.

(g) The commissioner of the department of education or his designee.

(h) The commissioner of the department of revenue administration or his designee.

(i) The commissioner of the department of postsecondary vocational-technical education or her designee.

(j) A representative of the liquor commission.

(k) A representative from the New Hampshire supreme court.

(l) The state treasurer or her designee.

(m) The director of information services, department of administrative services, or his designee.

(n) The commissioner of administrative services.

(o) A representative of Honeywell Bull.

(p) A representative of Digital Equipment Corporation.

(q) A representative of International Business Machines.

(r) A representative from Wang Corporation.

(s) A representative from Unisys Corporation.

(t) A representative from Nixdorf Corporation.

II. The members in subparagraph (o) through (t) shall be appointed by the respective corporations.

III. The commissioner of administrative services shall serve as chairman of the committee.

3 Duties. The primary duty of the committee shall be to develop a standard data dictionary to make it possible to allow the public greater access to computer-based public records. The standard data dictionary shall make it possible to transfer data between and among the several types of computer configurations, including, but not limited to, personals, stand alone, and main frames.

4 Report. The committee shall submit its findings and recommendations to the speaker of the house, the president of the senate, and the governor no later than December 1, 1988, with proposed legislation for the 1989 legislative session.

[HJ2 140] 5 Compensation. The members of the committee shall serve without compensation, except that the legislative members shall receive mileage at the legislative rate when attending to the duties of the committee.

6 Tenure. The committee shall cease to exist on December 31, 1988.

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

AMENDED ANALYSIS

This bill, as amended, establishes a study committee for the purpose of developing a standard data dictionary to be used to give the public greater access to computer based public records.

The bill requires the committee to submit its report no later than December 1, 1988, to the general court and the governor.

[HJ2 216] Rep. Palumbo offered the following:

RESOLVED, that the House now adjourn from the early session, that the business of the late session be in order at the present time, that the reading of bills be by title only and resolutions by caption only and that all bills ordered to third reading be read a third time by this resolution, and that all titles of bills be the same as adopted, and that they be passed at the present time, and that the House stand in recess [HJ2 217] until 6:45 p.m. and when the House adjourns today it be to meet Thursday, January 14 at 1:00 p.m.

Adopted.

LATE SESSION

Third reading and final passage

HB 551-FN, establishing a study committee relative to computer-based public records.

Thurday, January 14, 1988

[SJ 82] HOUSE MESSAGES

INTRODUCTION OF HOUSE BILLS

Senator Dupont offered the following Resolution:

[SJ 83] RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 12 through 627-FN shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

Adopted.

First and Second Reading and Referral

HB 551-FN, establishing a study committee relative to computer-based public records. (Judiciary)

Thursday, February 11, 1988

[SJ 402] COMMITTEE REPORTS

[SJ 416] HB 551-FN, establishing a study committee relative to computer-based public records. Ought to Pass with Amendment. Senator Podles for the Committee.

SENATOR PODLES: HB 551 establishes a study committee for the purpose of developing a standard data dictionary to be used to give to the public for greater access to computerized information. This is supposed to be a strictly informational group of people and they are to develop the techniques necessary to make this happen. This bill takes the right-to-know law a step further and I urge passage of the bill.

Amendment to HB 551-FN

Amend subparagraphs (a) and (b) of paragraph I as inserted by section 2 by replacing them with the following:

(a) Three members of the house of representatives, or their designees, appointed by the speaker of the house.

(b) Three members of the senate, or their designees, appointed by the president of the senate.

Amendment adopted.

Senator Podles offered a floor amendment.

SENATOR PODLES: This amendment passed unanimously in the committee, it's just that it never got into the calendar and, this is why we have to have this as a floor amendment. What it does, it establishes three members of the House of Representatives or their designees on this committee, three members of the Senate or their designees. It also adds the Commissioner of the Department of Safety or his designee, the New Hampshire Bar Association, Business and Industry Association of New Hampshire and the Commissioner of the Department of Libraries, Arts and Historical Resources or her designee, and also, the Secretary of State or his designee. In addition to that, another amendment was passed in the committee, which was at the request of the Governor, the Department of Safety and the Attorney General's office. It sets up a procedure for control over solicitations that take place on state property. It gives the Commissioner of Administrative Services the authority to be able to designate areas around public buildings which may be used by individuals or groups who want to demonstrate, protest, or disseminate any information. It also provides a criminal penalty for a person who conducts this kind of activity. What we were told was [SJ 417] that the LaRouche people are sort of badgering people at public places. There is no mechanism to stop this, so this is the reason for this amendment and I would urge you to support this amendment.

Senator Blaisdell moved to lay HB 551-FN on the table.

Adopted.

Tuesday, April 5, 1988

[SJ 691] TAKEN FROM THE TABLE

Senator Hough moved to take HB 551 off the table.

Adopted.

[SJ 692] HB 551-FN, establishing a study committee relative to computer-based public records. Ought to Pass. Senator Hough for the Committee.

Senator Hough offered a floor amendment.

SENATOR HOUGH: I would move and encourage my colleagues to adopt the floor amendment to HB 551. This is the amendment which deals with the legislature's ability to access the information in the integrated financial system. This amendment brings to fruition an attempt which the legislature, and its professional staff in the LBA office, have been working to achieve over the last number of years. As you realize, six years ago we reorganized the executive branch of government and, in so doing, brought in the consolidated financial system. A lot of the problems that we've been faced with have been having to correlate the State's basic financial information in various formats and this now establishes, with this co-equal body, a level playing field. It is a fairness issue and it is a very important piece of legislation for the legislature because it allows us, in a timely and in a uniform manner, that information which we need to establish public policy positions in terms with the appropriation process. I would move that you adopt this amendment. The amendment and facts, as was drafted and I understand it had to be that way through legislative services, strikes the bill as it was on the table, puts this section in and then Senator Podles will address a second floor amendment. That's the amendment that has only my name on it, but, in fact, should have her's because it deals with the bill and the subject matter that she worked very hard with in the Judiciary Committee. But she will address that after we adopt the floor amendment that is before us at this time.

SENATOR WHITE: Senator Hough, in your dissertation you indicated that we were a co-equal branch. However, having this bill coming out of the Judiciary committee and on that committee four women sit and yet I don't see where any women have been consulted on this bill so, I wonder if it really is a co-equal branch or is it just a males only group?

SENATOR HOUGH: Senator White, there's too much in jeopardy, I will accede to the sentiments of Senator White and actually say that you are absolutely right. This amendment should have twenty-four members of the Senate's name on it.

Floor Amendment to HB 551-FN

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

[SJ 693] AN ACT

relative to computer access by the
legislative budget assistant.

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

1 Reference Deletions. Amend RSA 14:31, V to read as follows:

V. The commissioner of administrative services shall deliver to the legislative budget assistant the official financial information under the control of the commissioner as required by this section in a form unaltered from that which is finally reported in the integrated financial system. [The approval of the governor, the speaker of the house of representatives, and the senate president shall be required for delivery of any other information, other than the official financial information required by this section.] The right of access to information under this section shall not arise until after each transaction or event subject to RSA 91-A has taken place. Such information shall be provided to the legislative budget assistant in a mutually agreeable and compatible format at the end of each business day. The legislative budget assistant shall be subject to the provisions of RSA 21-I:13-a, II. [This paragraph shall not be construed as granting the legislative budget assistant access to any information or any information system relative to the internal functions of the office of the governor or any executive agency, department, board, commission, or institution through the integrated financial system.]

2 New Paragraph; Computers. Amend RSA 14:31 by inserting after paragraph V the following new paragraph:

V-a. The legislative budget assistant, his employees and any consultants engaged by him to assist in the performance of those duties estabhshed in RSA 14:31, 14:31-a and 14:31-b, shall be entitled to access, review, analyze, download and extract from the integrated financial system such reports and information as the legislative budget assistant shall determine. Such entitlement shall include, but not necessarily be limited to, the right to use and install such software and hardware which the legislative budget assistant deems appropriate and necessary to effectuate the purpose of this paragraph. The department of administrative services shall provide to the legislative budget assistant such technical assistance and support as he shall require under this paragraph. The legislative budget assistant shall be responsible for the cost associated with his activities in regard to the integrated financial system. Notwithstanding any other provision of law to the contrary, the legislative budget [SJ 694] assistant and all persons acting under his supervision or direction shall not, under any circumstances, alter or cause to be altered any information within the integrated financial system.

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

AMENDED ANALYSIS

The bill, as amended, allows the legislative budget assistant access to the integrated financial system.

Floor amendment adopted.

Senator Podles offered a floor amendment.

SENATOR PODLES: I have the floor amendment and that was the request of the Governor, the Department of Safety and the Attorney General's office. It sets up a procedure for control over solicitations that take place on State property. It gives the commissioner of Administrative Services the authority to be able to designate areas around public buildings which may be used by individuals or groups who want to demonstrate, protest or disseminate any information. It provides a criminal penalty for a person who conducts this kind of activity in an area designated by the commissioner, without first having a license to do so. The committee recommends ought to pass with amendments.

SENATOR MCLANE: Senator Podles, I think it is appropriate that the commissioner of administrative services have this power, but I would wonder if it should perhaps say upon the advice of the attorney general. I am well aware that the U.S. Supreme Court has just reaffirmed the right of people, such as the Linden LaRouche people, to be present in airports and I know that this is a difficult question and I wonder whether the commissioner of administrative services is the one to make that very delicate and difficult public policy decision?

SENATOR PODLES: Senator McLane, we were told that since he has authority over all of the State buildings, that this would be all right for him to do. This came from the Safety Department and also from the Governor's office.

SENATOR MCLANE: I believe that further emphasizes my question. This did not come from the Attorney General's office and I wonder if you feel that the commissioner of administrative services is well enough aware of those first amendment rights to administer such a law?

[SJ 695] SENATOR PODLES: Senator McLane, it was at the request of the Safety Department, the Governor and also the Attorney General's office and he can always consult with the Attorney General's office.

SENATOR MCLANE: Because I know this is a difficult subject, would you be willing to state for the record that it is your assumption that the commissioner of administrative services would consult with the Attorney General over such a decision?

SENATOR PODLES: I'm sure that he will, Senator McLane.

Floor Amendment to HB 551-FN

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

AN ACT

relative to computer access by the legislative budget
assistant and relative to designating areas
of expression at public buildings.

Amend the bill by replacing section 3 with the following:

3 Designation of Areas; Licenses. Amend RSA 21-I by inserting after section 14 the following new section:

21-I:14-a Designation of Areas of Expression.

I. In this section:

(a) "Expression" means any demonstration, protest, dissemination of information or solicitation of funds or support. This definition shall not include activity conducted during and incidental to the carrying on of business with the state in the public building.

(b) "Public building" means any building owned or leased by the state.

II. The commissioner of administrative services shall, upon the request of the head of any of the state agencies occupying a public building, designate areas in or around such public building which may be used by individuals or groups who desire to conduct political, religious, or charitable expression. Such expression shall be limited to these areas. In his designation of these areas, the commissioner shall advance the dual interests of protecting the safety and convenience of the public using the building, and providing the expressing individual or group with ample opportunity to communicate with the public.

III. Use of these areas shall be limited to individuals or groups who obtain a license for such use from the commissioner of administrative [SJ 696] services. The commissioner may establish procedures for obtaining these licenses, which procedures shall provide, at a minimum, that:

(a) No regard be given to the content of the information to be conveyed or the thoughts, beliefs, opinions or goals of the apphcant;

(b) The licenses shall be issued on a first-come, first-served basis.

IV. Notwithstanding RSA 21-I:14-a, III, the license shall be valid only so long as the licensee complies with all applicable statutes, rules, or court orders.

V. The designation of areas and licensing procedures for religious, political or charitable expression at public buildings shall not be subject to the provisions of RSA 541-A.

VI. Any person who conducts expression as defined in this section in an area designated by the commissioner of administrative services without having a license to do so shall be guilty of a violation for the first offense and a misdemeanor for any subsequent offense.

4 Exemption. Amend RSA 541-A:10, 1, by inserting after subparagraph (m) the following new subparagraph:

(n) RSA 21-I:14-a, relative to the designation of areas and licensing for religious, political, or charitable expression at public buildings.

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

AMENDED ANALYSIS

The bill, as amended, allows the legislative budget assistant access to the integrated financial system.

The bill, as amended, also provides that the commissioner of administrative services shall issue licenses to persons wishing to conduct political, charitable or religious expression. The bill exempts the designations of areas of expression and the procedures for licensing from the administrative procedure act.

Floor amendment adopted. Ordered to Third Reading.

[SJ 700] RESOLUTION

Senator Dupont 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 reading of the bills ordered to third reading be read a third time by this resolution and that all titles be the same as adopted, and that they be passed at the present time; and that when we adjourn, we adjourn until Thursday, April 7, 1988 at 1:00 p.m.

Adopted.

LATE SESSION

Third Reading and Final Passage

[SJ 701] HB 551-FN, relative to computer access by the legislative budget assistant and relative to designating areas of expression at public buildings.

Tuesday, April 12, 1988

[HJ2 786] SENATE MESSAGES

[HJ2 787] REQUESTS CONCURRENCE WITH AMENDMENTS

HB 551-FN, establishing a study committee relative to computer-based public records. (Amendments printed SJ 4/5)

Rep. Hawkins moved that the House nonconcur and request a Committee of Conference.

Adopted.

The Speaker appointed Reps. Hawkins, William McCain, Kenneth MacDonald and Wayne King.

[SJ 847] HOUSE REFUSES TO CONCUR

REQUESTS COMMITTEE OF CONFERENCE

[SJ 850] HB 551-FN, establishing a study committee relataive to computer-based public records.

The Speaker appointed Reps. Hawkins, McCain, MacDonald and King.

Senator Podles moved to accede to the House request for a committee of conference.

Adopted.

Thursday, April 14, 1988

[HJ2 845] SENATE MESSAGES

[HJ2 847] ACCEDES TO REQUEST FOR COMMITTEES OF CONFERENCE

HB 551, establishing a study committee relative to computer-based public records.

The President appointed Sens. Podles, Preston and Dupont.

[HJ2 858] SENATE MESSAGE

[HJ2 859] ACCEDES TO REQUEST FOR COMMITTEES OF CONFERENCE

HB 551-FN, establishing a study committee relative to computer-based public records.

The President appointed Sens. Podles, Preston and Dupont.

Wednesday, April 20, 1988

[HJ2 877] CONFEREE CHANGES

HB 551 - Rep. Wayne King off; Rep. Rosencrantz on Rep. Vaughn off; Rep. Tilton on

Thursday, April 21, 1988

[SJ 1155] SUSPENSION OF JOINT RULES

Senator Dupont moved that the Joint Rules be so far suspended as to allow the committee of conference reports on HB 1061, HB 917, HB 551, HB 990, HB 1088, HB 1180, and SB 305 received after the deadline.

Adopted.

COMMITTEE OF CONFERENCE REPORT ON HB 551-FN

The committee of conference to which was referred House Bill 551-FN, An Act establishing a study committee relative to computer-based public records, having considered the same, report the same with the following recommendations:

[SJ 1156] That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amend- ment to the bill, and

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

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

1 Designation of Areas; Licenses. Amend RSA 21-I by inserting after section 14 the following new section:

21-I:14-a Designation of Areas of Expression.

I. In this section:

(b) "Public building" means any building owned or leased by the state.

III. Use of these areas shall be limited to individuals or groups who obtain a license for such use from the commissioner of administrative services. The commissioner may establish procedures for obtaining these licenses, which procedures shall provide, at a minimum, that:

(a) No regard be given to the content of the information to be conveyed or the thoughts, beliefs, opinions or goals of the applicant;

(b) The licenses shall be issued on a first-come, first-served basis.

IV. Notwithstanding RSA 21-I:14-a, III, the license shall be valid only so long as the licensee complies with all applicable statutes, rules, or court orders.

V. The commissioner of administrative services shall adopt rules, under RSA 541-A, relative to the designation of areas and [SJ 1157] licensing procedures for religious, political or charitable expression at public buildings, provided that such rules receive the attorney general's approval prior to submission to the legislative committee on administrative rules.

2 Rulemaking Added. Amend RSA 21-I:14 by inserting after paragraph XIV the following new paragraph:

XV. Areas and licensing procedures for religious, political or charitable expression at public buildings in accordance with RSA 21-I:14-a.

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

Conferees on the Part of the Senate

Sen. Podles, Dist. 16
Sen. Blaisdell, Dist. 10
Sen. Dupont, Dist. 6

Conferees on the Part of the House

Rep. Hawkins, Belk. 5
Rep. McCain, Rock. 11
Rep. MacDonald, Carr. 6
Rep. Rosencrantz, Rock. 15

Senator Dupont moved to adopt the Committee of Conference report.

SENATOR PRESTON: Just a very brief point. This bill originally included a section of the amendment that we had to on the floor, regarding access of LBA to the computer data and financial information. That is stricken out of the bill as I understand it now. They plan to restore it and respond more quickly. What is now contained in here is giving the authority to Mr. Kennedy to regulate certain types of demonstrations and behavior outside state public buildings. The only point I want to make is this. I know this passed the Senate; it deals with the LaRouche people standing outside the Department of Safety or other public buildings. The only point I want to make is it seems that when we address bills, the landlord tenant bills, we are addressing bad tenants, we address bad landlords, we address bad professional people. In this case, we are addressing a fresh element, the behavior of which none of us really like, this aggressive behavior, so we pass a bill that broad brushes every segment where there may be real freedom of expression that can be controlled by an administrator. I just don't think it is a good precedent to establish. If you want to exaggerate this, I think conceivably you could have some [SJ 1158] people who want to demonstrate for or against abortion outside the building and they could say ok, you may do that from 7 to 8 in the morning and nobody is in session, so forth. I'm just concerned, I think, though the existing laws there, according to people we heard, I don't like the aggressive behavior over there. I am going to vote against this because I think it can infringe on some very responsible groups who ought to have right of freedom of expression.

SENATOR DUPONT: I guess. Senator Preston probably may have aroused the concerns of some of the members in this body. I would like to lay to rest some of the points that he mentioned on. First off, I wouldn't like to think that any of my constituents or any member of this Senate should have to get off the sidewalk and walk around a person to get into a state building. That is what this bill address'. If anybody has been over to the department of safety lately and tried to walk into that building on their own, unassisted, by LaRouchites that Senator Preston mentioned, then they probably went there after hours. I, myself, have been in there a number of times in the last few days to the point of having words with one of the individuals standing out there. I just don't think my constituents, your mothers, fathers, children or whatever should have to go through that to into a state building to conduct their business.

We amended this today to put in a provision and there is the issue of constitutionality, rules will be submitted to the legislative rules committee. Prior to there being submitted, they will be approved by the attorney general. Anybody who that thinks that we are denying anybody any liberties that they presently have is mistaken on this bill. This is not a statement against any group whether they are pro-life or pro-choice or LaRouchites or whatever. It basically says that the citizens of this state should have an opportunity to visit and do their business in a state building without being harrassed. This bill ought to pass and get sent over to the House where they can pass it and we can continue on doing what we have been doing in our state buildings, and that is providing a comfortable atmosphere for people to be able to conduct state business. That is what this bill is about and the members of this body ought to reaffirm that by voting for this.

SENATOR JOHNSON: Senator Dupont, if it were not for the LaRouche forces behaving the way they did, would this issue ever come up?

[SJ 1159] SENATOR DUPONT: Senator, it probably wouldn't and it is unfortunate that we have to have this bill in front of us today. I think it is important to protect the rights and liberties of the people of this state.

SENATOR JOHNSON: Would you believe, Senator Dupont, if I really believed that I would indeed support this. I probably will anyway but, my question really is this, are you talking about the department of safety where our state police headquartered there and you, a citizen of this state, in addition to being a state Senator, could not move into that building without being harrassed? Is that really what happens over there, Senator?

SENATOR DUPONT: It is my understanding that even though it is the state police building that they don't have the authority to move these people from the premise unless somebody files a complaint.

SENATOR JOHNSON: Will this have any kind of a negative impact on the other groups that come to the State House to demonstrate and express themselves?

SENATOR DUPONT: I don't believe it is the intention of any member of this legislature to prevent any member that wants to come and demonstrate and do whatever they feel they need to do to get their message across, they should have that opportunity. I would suspect that when the rules are drawn up to enforce this provision, that that will be taken into consideration.

SENATOR HOUNSELL: I started out agreeing with Senator Preston and after the statements I have got a question to ask of you before I decide how I may feel about this. Senator Preston raised a point that is of some concern but I don't see it reflected in the bill and that is, to the time frame of when these activities can be administered. Is it my understanding, by the reading of the bill, that the commissioner of administrative services only talks about where but not when or how or what?

SENATOR DUPONT: It does not allow him the opportunity to decide who is going to protest and who is not. It merely says that he will designate areas for the expression of those views whether they be political, religious or whatever. So, no one, to my understanding, is going to be denied the opportunity to demonstrate at 9:00 o'clock in the morning if they want to.

SENATOR HOUNSELL: What about midnight.

[SJ 1160] SENATOR DUPONT: Midnight if they want to.

SENATOR HOUNSELL: Is it my understanding then, that we are not giving any authority to anyone that denies anyone their opportunity to express themselves when they like and, how they might like, only where they can?

SENATOR DUPONT: That is correct Senator. The bill specifically states that the commissioner shall advance the dual interest of protecting the safety and also, the expressing individual group with amble opportunity to communicate with the public.

SENATOR FREESE: Is it not true, Senator Dupont, that this bill was formulated with the help of the attorney general's office, so that it would be quite positively clear that it would not be unconstitutional for any rights of any individuals, is that not true?

Adopted.

[HJ2 895] SENATE MESSAGE

ADOPTION OF COMMITTEE OF CONFERENCE REPORTS

[HJ2 896] HB 551, establishing a study committee relative to computer-based public records.

[HJ2 905] SUSPENSION OF RULES

Reps. Palumbo and Chambers moved that House Rule 49(a) Committee of Conference reports shall be distributed to be acted upon on some subsequent day, be suspended on the following bills:

HB 551, establishing a study committee relative to computer-based public records.

Rep. Wayne King spoke against the motion.

Rep. Palumbo spoke in favor of the motion.

A roll call was requested. Sufficiently seconded.

YEAS 259 NAYS 58

YEAS 259

BELKNAP: Bolduc, Richard Campbell, Golden, Hardy, Malcolm Harrington, Holbrook, Jensen, Pearson, Thurston, Turner and Vogler.

CARROLL: Allard, Gene Chandler, Russell Chase, Dickinson, Robert Holmes, Hounsell, Kenneth MacDonald and Saunders.

CHESHIRE: Clark, Corrigan, Delano, Doucette, Foster, Irvin Gordon, Grodin, Hunt, LaMar, Matson, Miller, Morse, Parker, Perry, Sawyer and David Young.

COOS: Brungot, Harold Burns, Frederic Foss, Guay, Horton, Kilbride, Marsh, Mayhew, Nelson, Purrington and Theriault.

GRAFTON: Adams, Bean, Blair, Chambers, Christy, Densmore, Driscoll, Hammond, LaMott, McAvoy, Rounds, Scanlan, Stewart, Howard Townsend, Ward, Weymouth and Whitcomb.

[HJ2 906] HILLSBOROUGH: Ahrens, Alukonis, Baker, Bass, Lionel Boucher, Boutwell, Bowers, Buckley, Burkush, A. Leslie Burns, Champagne, Chretien, Cid, Cox, Daigle, Ann Derosier, Gerard Desrochers, William Desrosiers, William Dion, Domaingue, Donovan, Drolet, Dube, Ducharme, Dwyer, Dykstra, Clyde Eaton, Joseph M. Eaton, Fields, Nancy Ford, Frank, Ruth Gage, Genest, Grip, Guilbert, Gureckis, Marian Harrington, Hatch, Humphrey, Chris Jacobson, Cornelius Keane, Keefe, Robert Kelley, Donna Kelly, Alice Knight, Kurk, Lanzara, Leclerc, Lefebvre, Levesque, Lown, Lozeau, Mason, Bonnie McCann, McGlynn, Messier, Moore, Morrissette, O'Rourke, Packard, Paquette, Reidy, Ellen-Ann Robinson, Rodgers, Sallada, Schneiderat, Shriver, Leonard Smith, Soucy, Steiner, Stiles, Stonner, Tarpley, Turgeon, Vanderlosk, Wagner, Ware, Emma Wheeler, Kenneth Wheeler and Wood.

MERRIMACK: Eleanor Anderson, Austin, Bardsley, Beaton, Laurent Boucher, Fillion, Fraser, Gilbreth, George E. Gordon, Gross, Hager, Hayes, Mary Holmes, Alf Jacobson, C. William Johnson, Kidder, Lewis, Lockwood, Manus, Millard, Nichols, Pantzer, Phelps, Stio, Wallner, West and Whittemore.

ROCKINGHAM: Carl Anderson, Barnes, Benton, Blanchard, William Boucher, Butler, Eunice Campbell, Marilyn Campbell, Carpenito, Conroy, Cooke, Drake, Ellyson, Felch, Fesh, Flanagan, Harry Flanders, John Flanders, Bert Ford, Beverly Gage, Thomas Gage Gosselin, Elizabeth Greene, Hynes, Robert Johnson, George Katsakiores, Phyllis Katsakiores, Roger King, Klemarczyk, Lovejoy, Maurice MacDonald, Magoon, Malcolm, William F. McCain, Palumbo, Ritzo, Rosencrantz, Sanderson, Schwaner, Seward, Sherburne, Simon, Skinner, Splaine, Sytek, Tilton, Tufts, Vartanian, Walker, Warburton and Weddle.

STRAFFORD: Appleby, Bates, Casey, Dingle, Albert Dionne, Anita Flynn, Edward Flynn, Patricia Foss, Frechette, Robert Jones, Kincaid, Kinney, Koromilas, Laurion, Lussier, Martling, Musler, Parks, Francis Robinson, Spear, Swope, Ann Torr, Ralph Torr, Wall, Wilson and John Young.

SULLIVAN: Behrens, Cutting, Domini, Flint, Krueger, Lindblade, Normandin, Peyron, Rodeschin, Schotanus, Spaulding and Sara Townsend.

NAYS 58

BELKNAP: Bowler, Dexter, Maviglio and Lawrence Richardson.

CARROLL: Schofield.

CHESHIRE: Cole, Daschbach, Daniel Eaton, William Riley and Schwartz.

COOS: Oleson.

GRAFTON: Arnesen, Bennett, Copenhaver and Wayne King.

HILLSBOROUGH: Baldizar, Cote, Cusson, Gagnon, Granger, Scott Green, Healy, Holden, Long, McRae, Robert Murphy, Pappas Pignatelli, Price, Reardon and Sullivan.

MERRIMACK: Dunn, Douglas Hall, Burton Knight, Philbrick, Rehlander, Walter Robinson, Tupper and Yeaton.

[HJ2 907] ROCKINGHAM: Blanchette, Lawrence A. Chase, Jr., Cressy, Cushing, Hoar, Hollingworth, Mace, McGovern, Merchant, Popov, Read, Vaughn, Welch and Wright.

STRAFFORD: Chamberlin, Lachance, William McCann and Pelley.

SULLIVAN: Brodeur, and the motion was adopted by the necessary two-thirds.

[HJ2 919] SENATE MESSAGE

COMMITTEE OF CONFERENCE REPORTS

HB 551, establishing a study committee relative to computer-based public records. (Report printed SJ 4/21)

Rep. Wright spoke against the report.

(Deputy Speaker Bums in the Chair)

Reps. Hammond, Fields, Kenneth MacDonald and William McCann spoke in favor of the report.

Reps. Daschbach, Wayne King and Dexter spoke against the report. A roll call was requested. Sufficiently seconded.

YEAS 64 NAYS 242

YEAS 64

BELKNAP: Hardy, Holbrook and Pearson.

CARROLL: Allard, Gene Chandler, Hounsell and Kenneth MacDonald.

CHESHIRE: Irvin Gordon.

COOS: Harold Burns and Marsh.

GRAFTON: Christy, Hammond, Rounds, Howard Townsend, Ward and Weymouth.

HILLSBOROUGH: Ahrens , Boutwell, Cox, William Dion, Genest, Keefe, Alice Knight, Mason, Sallada, Emma Wheeler and Kenneth Wheeler.

MERRIMACK: Laurent Boucher, Fraser, Kidder, Nichols, Phelps and Stio.

[HJ2 920] ROCKINGHAM: Barnes, Benton, William Boucher, Mariljm Campbell, Drake, Felch, John Flanders, Elizabeth Greene, Hoar, Robert Johnson, Klemarczyk, Maurice MacDonald, Malcolm, William F. McCain, Palumbo, Ritzo, Schwaner, Simon, Sochalski, Tufts and Vartanian.

STRAFFORD: Bates, Chamberlin, Anita Flynn, Edward Flynn, Patricia Foss, Parks, Ann Torr, Wilson and John Young.

SULLIVAN: Schotanus.

NAYS 242

BELKNAP: Richard Campbell, Dexter, Golden, Malcolm Harrington, Jensen, Maviglio, Lawrence Richardson, Thurston, Turner and Vogler.

CARROLL: Russell Chase, Dickinson, Robert Holmes, Saunders and Schofield.

CHESHIRE: Blacketor, Clark, Cole, Corrigan, Daschbach, Delano, Doucette, Daniel Eaton, Foster, Hunt, LaMar, Miller, Morse, Parker, Ferry, William Riley, Sawyer, Schwartz and David Young.

COOS: Brungot, Frederic Foss, Guay, Horton, Kilbride, Mayhew, Nelson and Theriault.

GRAFTON: Adams, Arnesen, Bean, Bennett, Blair, Chambers, Copenhaver, Densmore, Driscoll, Wayne King, McAvoy, Scanlan, Stewart and Whitcomb.

HILLSBOROUGH: Ahern, Alukonis, Baker, Baldizar, Bass, Lionel Boucher, Bowers, Buckley, Burkush, A. Leslie Burns, Champagne, Cid, Cote, Cusson, Daigle, Ann Derosier, Gerard Desrochers, William Desrosiers, Domaingue, Donovan, Drolet, Dube, Ducharme, Dwyer, Dykstra, Joseph M. Eaton, Fields, Nancy Ford, Frank, Ruth Gage, Gagnon, Granger, Scott Green, Grip, Guilbert, Gureckis, Marian Harrington, Healy, Holden, Humphrey, Chris Jacobson, Cornelius Keane, Robert Kelley, Donna Kelly, Kurk, Lanzara, Leclerc, Lefebvre, Levesque, Long, Lown, Lozeau, Bonnie McCann, McGlynn, McRae, Messier, Moore, Morrissette, Robert Murphy, O'Rourke, Packard, Pappas, Paquette, Pignatelli, Price, Reardon, Reidy, Ellen-Ann Robinson, Rodgers, Routhier, Schneiderat, Shriver, Leonard Smith, Soucy, Steiner, Stiles, Stonner, Sullivan, Tarpley, Turgeon, Vanderlosk, Wagner and Ware.

MERRIMACK: Eleanor Anderson, Austin, Bardsley, Beaton, Dunn, Fillion, Gilbreth, George E. Gordon, Gross, Douglas Hall, Hayes, Mary Holmes, Alf Jacobson, C. William Johnson, Burton Knight, Lockwood, Manus, Millard, Pantzer, Philbrick, Rehlander, Tupper, Wallner, West, Whittemore and Yeaton.

ROCKINGHAM: Carl Anderson, Blanchard, Blanchette, Butler, Eunice Campbell, Carpenito, Lawrence A. Chase, Jr., Conroy, Cooke, Cressy, Gushing, Ellyson, Fesh, Flanagan, Harry Flanders, Bert Ford, Beverly Gage, Thomas Gage, Gosselin, Hollingworth, Hynes, George Katsakiores, Phyllis Katsakiores, Roger King, Mace, Magoon, McGovern, McKinney, Merchant, Popov, Read, Rosencrantz, Sanderson, Seward, Sherburne, Skinner, Splaine, Sytek, Tilton, Vaughn, Warburton, Weddle, Welch and Wright.

STRAFFORD: Appleby, Casey, Dingle, Albert Dionne, Frechette, Robert Jones, Kincaid, Kinney, Koromilas, Lachance, Laurion, [HJ2 921] Lussier, Martling, William McCann, Musler, Pelley, Francis Robinson, Spear, Swope, Ralph Torr and Wall.

SULLIVAN: Behrens, Brodeur, Cutting, Domini, Flint, Krueger, Lindblade, Normandin, Peyron, Rodeschin, Spaulding and Sara Townsend, and the report lost.

Tuesday, May 3, 1988

[HJ2 963] Reps. Palumbo and Chambers moved that any legislation not disposed of by any other motion, shall be by this motion. Indefinitely Postponed.

[HJ2 964] HB 551, establishing a study committee relative to computer-based public records.