State of New Hampshire
HOUSE RECORD
Second Year of
the 160th General Court
Calendar and
Journal of the 2008 Session
Vol. 30 Concord
Contains: Hearings, Meetings, Notices, Proposed Amendments to Ethics Guidelines, Interim Study Committee Assignments, Reports and Amendments for April 16.
HOUSE CALENDAR
MEMBERS OF THE HOUSE:
The House will meet at 10:00 a.m. on Wednesday, April 16th, beginning with a celebration of Tartan Day.
Members should hold open Wednesdays through May 14th as likely session days.
Terie Norelli, Speaker
NOTICE
Chairs and Vice-Chairs will meet on Tuesday, April 15th, from 8:30-9:45 a.m. in Rooms 210-211 of the LOB.
Terie Norelli, Speaker
NOTICE
There will be a Democratic Caucus on Wednesday, April 16 at 9:00 a.m. in Representatives Hall.
Rep. Mary Jane Wallner, Majority Leader
NOTICE
There will be a Republican Caucus on Wednesday, April 16 at 9:00 a.m. in Rooms 305-307, LOB.
Rep. David W. Hess, Deputy Republican Leader
NOTICE
Please note that the Calendar closes at 1:00 p.m. on Wednesdays for
scheduling and notices. It
closes at 1:00 p.m. on Thursdays for Committee Reports. Members and staff who need to schedule
meetings should make arrangements with the Clerk’s Office for room
availability/assignment and publication of meeting notices.
Karen O. Wadsworth, Clerk of the House
NOTICE
LEGISLATIVE ETHICS COMMITTEE
Proposed Amendments to Ethics Guidelines
At its meeting on March 31, 2008, the Committee unanimously voted to amend the Ethics Guidelines, subject to approval by the General Court in accordance with RSA 14-B:3, II. The amendments, in their entirety, are printed below.
Representative Janet G. Wall, Vice Chairman
Representative Eric Anderson
NOTICE
LEGISLATIVE ETHICS COMMITTEE
Proposed Amendments to the Ethics Guidelines
At
its meeting on March 31, 2008, the Legislative Ethics Committee unanimously
voted to propose the following amendments to the Ethics Guidelines. These proposed amendments are necessitated by
the legislative changes made by Senate Bill 206, which was enacted as Chapter
21 of the
Legislative Ethics Committee
Explanation: Matter added to the current guidelines appears in bold italics.
Matter removed from the current guidelines
appears [in brackets and struckthrough.]
ETHICS GUIDELINES
2
DEFINITIONS.
I. "Anything Of Value" includes but is not limited to the following:
(a) A pecuniary item, including money, or a bank bill or note;
(b) A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;
(c) A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
(d) A stock, bond, note, or other investment interest in an entity;
(e) A receipt given for the payment of money or other property;
(f) A cause of action;
(g) A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;
(h) A loan or forgiveness of indebtedness;
(i) A work of art, antique, or collectible;
(j) An automobile or other means of personal transportation;
(k) Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty;
(l) A promise of employment or continued employment;
(m) A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as a public official or public employee, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public.
II.
"Conflict Of Interest" is the
condition in which a legislator has a financial interest in any official
activity.
III. "Expense Reimbursement'' shall mean any price, charge, fee,
expense, or other cost which is waived, forgiven, reduced, prepaid, or
reimbursed in any form for the reasonable expenses of attendance, registration,
travel, meals, or lodging related to a bona fide conference, meeting, seminar
or educational or informational program, when the source of such reimbursement
is other than the state, a county, or the United States of America.
IV. "Family
Member" shall mean any person related to and living in the same domicile
as a legislator, legislative officer, or legislative employee who shares a
common economic interest in the expenses of daily living, including, but not
limited to, a spouse, child, or parents.
[III.] V. "Financial Interest" is
a reasonably foreseeable direct material financial effect [, distinguished
from its effect on the public generally, on the legislator or his or her
spouse] arising from a change in law, a
change in administrative rule, a decision whether or not to award a contract,
grant a license or permit, discipline a licensee or permittee, or other
decision by government affecting a business, profession, occupation, group, or
matter enumerated in RSA 15-A:5, I(d) that results in a greater financial
effect on you or a family member than it would on the general public.
VI. (a) "Gift'' shall mean:
(1) Money in any
amount, whether in the form of cash, check or any other negotiable or
non-negotiable instrumentality for the transfer of money.
(2) Any other
tangible thing, intangible thing, service, or the use thereof having more than
insignificant economic value. Any such item with a value of less than $25 is
presumed to be of insignificant economic value.
(b) Notwithstanding
subparagraph (a), "gift'' shall not mean:
(1) A political
contribution as defined in RSA 664.
(2) A
commercially reasonable loan, made in the ordinary course of business.
(3) Repayment to an elected
official, public official, public employee, constitutional official, or
legislative employee of a bona fide loan made by such a person.
(4) A ceremonial plaque,
award, or other commemorative object, which is personally inscribed to the
recipient and which has inconsequential economic value. A ceremonial object or
award with a value of $150 or less is presumed to be of inconsequential
economic value.
(5) Objects
which primarily serve an informational purpose provided in the ordinary course
of business, such as reports, books, maps, or charts.
(6) Money in any
form, an object, or any tangible or intangible thing of economic value, where
the donor's act of giving is purely private and personal in nature and the
money, object, or thing of economic value would have been given and received
even if the person were not an elected official, public official, public
employee, constitutional official, or legislative employee.
(7) Wages,
salary, benefits, mileage, or payment for expenses received by the person in
his or her regular course of employment or business which is unrelated to the
government position held.
(8) Wages,
salary, benefits, mileage, or payment for expenses paid to the person by the
state, a county, or the
(9) Tickets or
free admission to a charitable, ceremonial, or political event provided that:
(A)
The proceeds of the event are subject to the political contributions and
expenditure reporting law, RSA 664; or
(B)
The event is sponsored by a charitable organization that is registered with the
division of charitable trusts, department of justice, or which is a charitable
organization pursuant to section 501(c)(3) of the federal tax code; or
(C)
The event is published as an event open for attendance by any member of the
general court in the calendar of the senate or the house.
(10) Meals, beverages,
lodging, or transportation associated with attendance at:
(A)
Any event for which the primary significance is ceremonial or celebratory,
provided the event is public or, if by invitation only, is planned to have an
attendance greater than 50 people; or (B)
Any event where the person is attending in an official capacity representing
the state and/or the senate, house, or the agency of which the person is a
member.
(11) Expense
reimbursement or an honorarium.
(12) Meals and
beverages consumed at a meeting or event, the purpose of which is official
business.
VII. "Honorarium'' means a payment in any form to a legislator,
legislative officer, or legislative employee for an appearance, speech, written
article or other document, service as a consultant or advisor, or participation
in a discussion group or similar activities .
Honorarium does not include a payment for such activities for which the
person is being compensated by the state, a county, the United States of
America, or by any other employer or client, where the activity giving rise to
the honorarium is not related to or associated with any public office or
government employment.
[IV.] VIII. "Immediate Family"
includes a spouse, guardian, parent, sibling, child or dependent.
[V.] IX. “Legislation" is a bill, resolution or constitutional
amendment.
[VI.] X. "Official Activities"
is the conduct of activities which relate to official responsibilities
including the introduction of legislation, testifying before any legislative
committee or state agency, voting in committee or in house or senate session or
otherwise participating in, influencing, or attempting to influence any
decision of the legislature, county delegation or any state agency.
XI. “Official Business” means, for legislators, legislative officers, and legislative employees, the discussion or transaction of legislative business, namely, any official action or non-action with regard to any potential pending or existing bill, resolution, amendment, report, or study, any other matter pending or proposed in a committee or in either house of the general court, or an issue of public policy which is or may be the subject of legislative attention, or any other matter which is within the official jurisdiction or cognizance of the general court.
3 LEGISLATOR'S FINANCIAL DISCLOSURE FORM.
Every representative, senator, and officer of the House and Senate, shall file with the Legislative Ethics Committee the following financial disclosure form on or before January 31 of each year.
FINANCIAL DISCLOSURE FORM
FOR STATE SENATORS, STATE REPRESENTATIVES AND OFFICERS OF THE GENERAL COURT
Required by the Legislative Ethics Committee (RSA 14-B)
Name of Legislator/Officer ____________________________________________________________________
(print name)
Address _____________________________________________________________________________________
street town/city zip code
Office
_________________ County/District
________________ Telephone
Number _________
I. Sources of Income
Identify below the
name, address, and type of any professional, business, or other organization
(including any unit of government) in which you or your spouse are or
were an employee, officer, director, associate, partner, proprietor, [employee,]
or member, or served in any professional or advisory capacity,
from which you or your spouse derived any income (including retirement
benefits other than federal retirement and/or disability benefits) in excess of
$10,000 during the preceding calendar year.
1) a) Name
of organization____________________________________________________________________________
b) Address of organization__________________________________________________________________________
c) Type of organization ____________________________________________________________________________
2) a) Name
of organization____________________________________________________________________________
b) Address of organization__________________________________________________________________________
c) Type of organization_____________________________________________________________________________
3) a) Name
of organization____________________________________________________________________________
b) Address of organization__________________________________________________________________________
c) Type of organization_____________________________________________________________________________
(attach additional sheets if necessary)
[Please note: every State Senator,
State Representative, and Officer of the General Court is required to file this
form.] If you feel that your income
during the preceding calendar year does not qualify for disclosure according to
the criteria stated above, signify by [checking] writing your initials on
the line below.
My income does not qualify _____
[COMPLETION
OF THIS SECTION IS OPTIONAL.]
[Disclosure and description below of your financial
interest may eliminate the need to follow the conflict of interest procedure
established in Section 5 of the Ethics Guidelines. If your participation in an official activity
creates a conflict of interest not disclosed by the information on this form,
you must complete and file a Declaration of Intent Form in accordance with
Section 5 of the Ethics Guidelines. See
Section 5 of the Ethics Guidelines for information regarding particular
conflicts of interest that you may have.]
II.
Disclosure of Financial Interests
IDENTIFY
AND DESCRIBE BELOW ANY FINANCIAL INTEREST YOU OR YOUR SPOUSE MAY HAVE. FOR
THIS SECTION, “FINANCIAL INTEREST” MEANS THAT A CHANGE IN [THE] LAW,
A
CHANGE IN ADMINISTRATIVE RULE, A DECISION WHETHER OR NOT TO AWARD A CONTRACT,
GRANT A LICENSE OR PERMIT, DISCIPLINE A LICENSEE OR PERMITTEE, OR OTHER
DECISION BY GOVERNMENT AFFECTING THE BUSINESS, PROFESSION, OCCUPATION, GROUP,
OR MATTER [DEALING WITH ANY OF THESE SUBJECTS] LISTED BELOW
WOULD POTENTIALLY HAVE A GREATER
FINANCIAL EFFECT ON YOU OR YOUR SPOUSE THAN IT WOULD ON THE GENERAL PUBLIC.
Do you or your spouse have a financial interest, as defined above, in any of the following businesses, professions, occupations, groups, or matters? Check any of the following which apply and describe the nature of your or your spouse’s financial interest:
(a)
any profession,
occupation, or business licensed or certified by the State of
_____________________________________________________________________
(b)
health care
_____________________________________________________________________
(c)
insurance
_____________________________________________________________________
(d)
real estate, including brokers, agents, developers, and
landlords
_____________________________________________________________________
(e)
banking or financial
services
_____________________________________________________________________
(f)
State of
_____________________________________________________________________
(g)
the
_____________________________________________________________________
(h)
the current use
land assessment program
_____________________________________________________________________
(i)
restaurants and lodging
_____________________________________________________________________
(j)
the sale and distribution of alcoholic beverages
_____________________________________________________________________
(k)
the practice of
law
_____________________________________________________________________
(l)
any business
regulated by the Public Utilities Commission
_____________________________________________________________________
(m)
horse or dog racing, or other legal forms of gambling
_____________________________________________________________________
(n)
education
_____________________________________________________________________
(o)
water resources
_____________________________________________________________________
(p)
agriculture
_____________________________________________________________________
(q)
Interest and Dividends Tax
_____________________________________________________________________
(r)
other
_____________________________________________________________________
I hereby swear or affirm that [T}the
foregoing information is true and complete to the best of my
knowledge and belief.
______________________________________ Signature of Legislator/Officer
Complete and return to the
Legislative Ethics Committee no later than January 31, ______ .
4 PROHIBITED ACTIVITIES.
I. Legislators shall not solicit, accept, or agree to accept anything of value from another for themselves or other persons, if the legislator receives such thing of value:
(a) Knowing or believing the other's purpose to be the influencing of an action, decision, opinion, recommendation, or other official activity.
(b)
Knowing or believing that the giver is or is
likely to become subject to or interested in any matter or action pending
before or contemplated by the [giver or another member of the legislature]
legislator
or
the
General Court.
(c) In return for advice or other assistance relating to a legislator's official activities.
(d) In return for introducing legislation, testifying before any legislative committee or state agency, voting in committee or in House or Senate session, or otherwise participating in, influencing, or attempting to influence any decision of the legislature, county delegation or any state agency.
(e) In return for an endorsement, nomination, appointment, approval or disapproval of any person for a position as, or advancement of, a public servant.
(f) In return for having given a decision, opinion, recommendation, nomination, vote, or other official activity.
(g) In violation of RSA 15-B.
II. Legislators shall not:
(a) Reveal information which the legislator has obtained confidentially in the course of his official activities.
(b) Reveal information about state agency operations or decisions which the legislator would not reveal to any member of the general public requesting such information.
(c) Threaten reprisals or promise inducements of any kind to influence another so as to obtain special personal benefits for the legislator, the legislator's immediate family, or for certain constituents which would not be available to others under similar conditions.
(d) Conduct private negotiations with any governmental agency in an attempt to obtain a decision on a pending matter which would result in special personal benefit to the legislator, to the legislator's immediate family, or to certain constituents which would not be available to others under similar conditions.
III. Legislators shall not use their public position or office to obtain anything of value for the private benefit of the legislator or the legislator's immediate family.
IV. Legislators shall not use state-provided services or facilities for private gain.
V. Legislators shall not become involved in any official activity without complying with the conflict of interest procedure set forth in this document.
VI. Legislators shall not engage in conduct that constitutes sexual harassment as defined in RSA 14-B:1.
VII. Nothing in this section on prohibited activities should be construed to prohibit the following:
[(a)
The giving or receiving of campaign contributions made for the purpose of
defraying the costs of a political campaign.]
[(b)] (a)
Assistance to constituents in their dealings with state agencies.
[(c)]
(b)
Advocacy of a particular outcome on matters pending before a state agency when
the legislator believes such a decision would benefit the general public or the
legislator's constituents generally.
[(d)]
(c)
Submission by a legislator of recommendations or references on behalf of a
candidate for state employment when the legislator believes the candidate is
qualified to be a suitable public employee.
[(e)
Acceptance of awards, prizes or other honors of a minimal value.]
[(f)] (d) Acceptance of anything of value the receipt of which would otherwise be a violation of this section where the value is less than $250.00 in aggregate from any single source during any calendar year.
[(g)]
(e)
Acceptance of expense reimbursement [or underwriting of actual] for
the reasonable expenses for attendance, registration, travel, meals,
and lodging[, and subsistence directly] related to [attendance
at] a bona fide conference, meeting, seminar, or educational or informational [or
educational conference, seminar, or meeting,] program related to the
legislator's office so long as disclosure of any such reimbursement [or
underwriting, including the identity of the primary sponsor or sponsors and
including financial contributors,] is made [within 15 calendar days of
the legislator's return from such conference (if expenses are underwritten) or,
within 15 calendar days of reimbursement] no later than the last day of the
month following the month during which the expense reimbursement was received. This disclosure shall be filed in the Office
of the Secretary of State and shall be in the form prescribed in RSA 15-B. This provision shall not be construed to
require reporting of an expense reimbursement made by an organization to which
the general court pays dues, when the prepayment, underwriting or reimbursement
is provided because of the dues paid.
(f) Acceptance of honoraria so long as
disclosure is made no later than the last day of the month following the month
during which the expense reimbursement was received. This disclosure shall be filed in the Office
of the Secretary of State and shall be in the form prescribed in RSA 15-B.
(g)
Acceptance of meals or beverages with a value of greater than $25 consumed at a
meeting or event pertaining to official business so long as disclosure is made
no later than ten (10) days following the meeting or event at which the meals
or beverages were consumed. This
disclosure shall be filed in a report in the Office of the Secretary of State
and shall be in the form prescribed in RSA 15-B.
{(h)
Acceptance of anything permitted under RSA 15-B.}
5 CONFLICT OF INTEREST PROCEDURE.
I. No declaration shall be required if no benefit or detriment could reasonably be expected to accrue to the legislator as a member of a business, profession, occupation, or other group, to any greater extent than to any other member of such business, profession, occupation, or other group, provided that disclosure of the legislator’s membership is made in the Financial Disclosure Form pursuant to section 3 of the Ethics Guidelines. For purposes of these guidelines, groups shall be limited to ones generally recognized and of a substantial size.
II. When a legislator becomes aware that a conflict of interest exists or may exist and the conditions set forth in paragraph I are not met, the legislator shall proceed in accordance with either subparagraph (a) or (b):
(a) Declare that the legislator will not participate in any official activity associated with the issue.
(b) Declare that the legislator intends to participate in the official activity and will provide a description the conflict of interest including:
* names of all entities, both public and private, which might be affected;
* the nature of any benefit which may accrue to the legislator;
* the nature of any financial interest in the issue;
* the nature of any relationship which existed, exists or may exist between the legislator and any person or entity which might be affected; * and understanding of the nature and extent of the conflict.
III. The declaration required in subparagraphs II (a) and (b) of this procedure shall be publicly announced prior to the legislator's initial participation in the official activity. The information required in subparagraph (b) shall be filed with the clerk of the member's respective body within 24 hours of the time of the official activity and be made available for public inspection during normal business hours.
6 LEGISLATIVE EMPLOYEE CODE OF CONDUCT.
I. General Principles of Conduct.
(a) A legislative employee or officer should view his or her work for the General Court as a public service and should strive to promote the common good of the citizens of the State of New Hampshire through the devotion of his or her professional talents and energies to the support of the General Court in its mission as the representative of the citizens of this state.
(b) A legislative employee or officer should act in a way that makes him or her worthy of the trust the General Court places in staff members and officers.
(c) A legislative employee or officer should provide objective advice, information, and alternatives to legislators, independent of the employee's or officer's personal beliefs or interests or the interests of third parties. A legislative employee or officer should avoid activities that conflict with this objectivity or give the appearance of conflict.
(d) A legislative employee or officer should treat all legislators with dignity and respect, and provide services of equal quality to the employee's or officer's appropriate legislative clientele.
II. Definitions.
(a) "Legislative Employee" includes all house, senate, and joint staff whether employed on a part-time, full-time, permanent or temporary basis.
(b) "Legislative Officer" includes those employees of the House and Senate who are elected by members of the General Court.
III. Prohibited Activities.
(a)
A legislative employee or officer shall not
violate the provisions of RSA 15-B.
[(a)] (b) A legislative employee or
officer shall not accept any gift from givers who wish to influence the work
activities of the employee or officer.
(c) A legislative employee or officer shall not accept any employment or serve in any position, in addition to legislative employment, which would impair the employee's or officer's independence of judgment.
(d) Except within the scope of employment, a legislative employee or officer shall not provide any service to a lobbyist or any other person with a direct personal interest in any matter or action pending before the General Court.
(e) Nothing in this paragraph should be construed to prohibit the following:
(1) Acceptance of awards, prizes, honors, or gifts of a minimal value.
(2) Acceptance of informational material relevant to the employee's or officer's official function, such as books, pamphlets, reports, documents, periodicals, or other information that is recorded in a written, audio, or visual format.
(3) Acceptance of expense
reimbursement [or underwriting of actual] for the reasonable expenses
for attendance,
registration, travel, meals, and lodging[, and
subsistence directly] related to [attendance at] a bona fide conference,
meeting, seminar, or educational or informational [or educational
conference, seminar, or meeting,] program related to the legislative
employee's or officer's employment so long as disclosure of any such
reimbursement [or underwriting, including the identity of the primary
sponsor or sponsors and including financial contributors,] is made [to
the joint committee on legislative facilities or the fiscal committee of the
general court as appropriate within 15 calendar days of the employee's or
officer's return from such conference (if expenses are underwritten) or within
15 calendar days of reimbursement] no later than the last day of the month
following the month during which the expense reimbursement was received. This disclosure shall be filed in the Office of the
Secretary of State and shall be in a form prescribed [by the
above-cited committees and shall be made available to the public upon request]
in
RSA 15-B. This provision shall not be
construed to require reporting of an expense reimbursement made by an
organization to which the general court pays dues, when the prepayment, underwriting
or reimbursement is provided because of the dues paid.
(4) Acceptance of honoraria so long as disclosure
is made no later than the last day of the month following the month during
which the expense reimbursement was received. This disclosure shall be filed in the Office
of the Secretary of State and shall be in the form prescribed in RSA 15-B.
(5) Acceptance of meals or beverages with a value
of greater than $25 consumed at a meeting or event pertaining to official
business so long as disclosure is made no later than ten (10) days following
the meeting or event at which the meals or beverages were consumed. This disclosure shall be filed in a report in
the Office of the Secretary of State and shall be in the form prescribed in RSA
15-B.
{(6) Acceptance of anything permitted under RSA
15-B.}
[(b)](f) A legislative employee or officer shall
not use or attempt to use the employee's or officer's official position to (a)
personally obtain any privilege, exemption, special treatment or any other
thing of value, or (b) obtain any such benefit for others except as required to
perform duties within the scope of employment.
[(c)] (g) A legislative employee or officer shall
not accept or solicit anything of value for the private benefit of the employee
or officer or the employee's or officer's immediate family under circumstances
in which it can be reasonably inferred that the legislative employee's or
officer's independence of judgment is impaired or is intended as a reward for
any official action.
[(d)](h)
A legislative employee or officer
shall not use state-provided services or facilities for private gain.
[(e)] (i) A legislative employee or officer shall
not disclose confidential information acquired by reason of the employee's or
officer's official position to any person or group not entitled to receive such
information, nor shall the employee or officer use such information for
personal gain or benefit or for the benefit of others.
[(f)] (j) A legislative employee or officer shall
not enter into any contract with a state agency involving services or property,
unless the contract is made after public notice and competitive bidding; except in cases where public notice and
competitive bidding are not required, the contract or agreement shall be filed
with the employee's or officer's supervisory officer.
IV. Disclosure Procedure. When a legislative employee or officer becomes aware that his or her participation in a particular activity presents a conflict of interest or conflicts with his or her objectivity or gives the appearance of a conflict, the employee or officer shall immediately make disclosure of this fact to his or her supervisory officer. All such reports shall be forwarded to the Chief of Staff of the House, the Chief of Staff of the Senate, the Director of the Office of Legislative Services, or Legislative Budget Assistant, as appropriate.
WEDNESDAY, APRIL 16
CONSENT CALENDAR
COMMERCE
SB 315,
preventing the fraudulent use of the names of financial institutions. OUGHT TO PASS.
Rep. Stephen T
DeStefano for Commerce: This bill allows the bank commissioner to serve a cease
and desist order to certain violators, gives the bank commission authority to
enforce cease and desist orders and prohibits the unauthorized use of the name
of a financial institution. This bill only applies to financial institutions. Vote 15-0.
SB 439,
relative to money transmitters and mortgage servicing companies. OUGHT TO PASS WITH AMENDMENT.
Rep. Paul McEachern
for Commerce: This bill gives the
banking department oversight of the transmission of money - an outgrowth of the
SB 465,
relative to the laws regulating trusts and trust companies in
Rep. Matthew S
Houde for Commerce: This bill continues
the initiative of the 2006 Trust Modernization and Competitiveness Act, which
seeks to establish
SB 500-FN, relative to certain insurance fraud, relative
to workers’ compensation for employee leasing companies, and establishing a
task force on employee misclassification. OUGHT TO PASS WITH AMENDMENT.
Rep. Paul McEachern
for Commerce: The bill, as amended, deletes three sections of the original bill
which would require an employee leasing company to be limited to a single
workers' compensation insurance carrier.
The testimony at the hearing indicated that this restriction would
severely impact an employee leasing company which leases employees to many
small businesses, some of whom also do business in adjoining states as well as
in
CRIMINAL JUSTICE AND PUBLIC
SAFETY
SB 90-FN,
relative to the penalty for impersonating a law enforcement officer. OUGHT TO PASS WITH AMENDMENT.
Rep. Stanley E
Stevens for Criminal Justice and Public Safety:
This bill, as it came to the committee, did not have a mens rea (state
of mind). The mens rea that was
contained in the existing statute had been removed The only change made by the committee was to
add two words ,“knowingly and.” The word
“knowingly” creates the state of mind necessary to commit the crime. Without a mens rea, a person attending a
costume party wearing a police type uniform would be guilty of impersonating a
police officer. This is not what the
intent of the original statute considered.
The other changes made were written so as to provide clarification to
the original statute. This bill also
raises the penalty to a Class B felony, which our committee agreed was
appropriate given the serious consequences that can arise when someone
misrepresents themselves as a law enforcement officer. Vote 16-0.
SB 356-FN, prohibiting offenders against children from
participating in or being a spectator at certain activities or events. INEXPEDIENT TO LEGISLATE.
Rep. John E Tholl
for Criminal Justice and Public Safety: This bill would have prohibited
registered sex offenders who were required to register for violations of RSA
643-A:3, III Felonious Sexual Assault involving sexual contact with a person,
not his legal spouse who is under the age of 13 years of age, or RSA 632-A:2,
II Aggravated Felonious Sexual Assault without penetration, from participating,
or attending certain activities, or events.
The bill did not address those acts which involved penetration, which is
a much more serious offense. Additionally,
the possibility that an offender who was required to register for other
offenses could be mistakenly subject to the prohibitions in the bill and
reported to law enforcement, resulting in a response that was a waste of
resources and potentially exposing the offender to embarrassment and
harassment. When a classification system
is in effect, then and only then, would a bill of this type be justified in
order to prohibit those offenders against children that are truly dangerous
from attending this type of activity.
Laws that are too restrictive often have unintended consequences, such
as the offenders not registering and going under ground. Vote 18-0.
SB 513-FN,
relative to fighting animals. OUGHT
TO PASS WITH AMENDMENT.
Rep. Lori A
Movsesian for Criminal Justice and Public Safety: This bill allows, at the discretion of the
court, for the state to confiscate animals, equipment, paraphernalia and money
involved in illegal fights. The proceeds
shall be used to reimburse local government and state agencies for the costs of
prosecution of animal fighting cases.
Proceeds which are not needed for such reimbursement shall be deposited
in the companion animal neutering fund.
The committee amended the bill to make it consistent with existing
statute. Vote 18-0.
ENVIRONMENT AND AGRICULTURE
SB 368,
relative to exemptions for toxics reduction in packaging. OUGHT TO PASS.
Rep. James F Powers
for Environment and Agriculture: Labels
for some glass or ceramic containers are produced by vitrification. This is a process whereby extreme heat is
applied to chemicals to lock the chemical into the glass. If the chemicals are toxic, this prevents
them from being released into landfills or elsewhere at a later date. Current
EXECUTIVE DEPARTMENTS AND
ADMINISTRATION
SB 142,
relative to the regulation of real estate brokers and salespersons by the real
estate commission. OUGHT TO PASS.
Rep. Ken Hawkins for Executive Departments and
Administration: This is a housekeeping
bill for the realtor board that changes some titles of brokers from business
broker to firm broker, clarifies the language on advertising, increases the
number of continuing education to 12 hours from 9 hours, and requires new
applicants to submit a criminal record report prior to being licensed. Vote 17-0.
SB 322,
relative to lists of professional bondsmen. OUGHT TO PASS.
Rep. Russell C Day
for Executive Departments and Administration:
This bill requires the secretary of state to provide all superior court
clerks, district courts (having authority to accept bail), jails and police
stations with an alphabetical list of persons registered as bondsmen. The secretary of state is also required to
update the list at least once a year or more often as necessary. The bill also requires that such lists be
posted for all defendants to see. The
committee agreed with the need and practicality of passing this bill. Vote 16-0.
SB 327-FN,
relative to compensation for state employees injured in the line of duty. OUGHT TO PASS WITH AMENDMENT.
Rep. John Reagan
for Executive Departments and Administration:
This bill specifies that if a state employee is injured in the line of
duty and is permanently disabled, the employee shall not be terminated from
state service until he or she has applied for disability retirement and a final
decision on the application is made and all appeals are finalized. Vote 13-0.
SB 346-FN,
relative to the regulation of fuel gas fitters by the state fire marshal. OUGHT TO PASS.
Rep. Daniel J
Sullivan for Executive Departments and Administration: The fire marshal’s office supports this bill
which modifies Amelia’s Law, passed in 2007, to regulate fuel gas fitters. This bill allows a fuel gas fitter license to
be granted to a business entity, without examination or continuing education
requirements, provided one or more officers of the corporation or partnership
holds an active and current license as a liquefied propane service technician
or natural gas service technician. The
bill also requires a business entity to be licensed when employing fuel gas
fitters, much like electricians and plumbers. Vote 17-0.
SB 366,
relative to the operation of the state suggestion and extraordinary service
award program. OUGHT TO PASS.
Rep. Russell C Day
for Executive Departments and Administration:
This bill seeks to amend the existing law providing for recognition of
suggestions and extraordinary service to the State of
SB 372,
relative to membership of the heating system certification advisory committee. OUGHT TO PASS WITH AMENDMENT.
Rep. Alida I
Millham for Executive Departments and Administration: This bill updates the membership on the
advisory committee on heating system certification. Currently there are 14 members on this
committee. The bill streamlines the
membership of the committee to make it more effective. The result is a committee of 10 members: one representative from the New Hampshire
natural gas utility companies; one representative of the oil heat industry; one
representative of the propane industry; one individual experienced in the
training and education of heating system installers; one representative of the
New Hampshire Association of fire chiefs; two individuals from the public at
large; one representative from the New Hampshire plumbing and mechanical
contractors association; one person experienced in the training and education
of hearth system installers; and one licensed fuel gas fitter. The last is an addition. The advisory group advises the fire marshal
regarding rules in the fire marshal’s purview. Vote 16-0.
SB 404,
allowing dental school graduates to practice in an approved dental residency
program. OUGHT TO PASS.
Rep. A Laurie
Harding for Executive Departments and Administration: This bill allows graduates of accredited
dental schools who are enrolled in an accredited dental residency program to do
rotations in
SB 410, relative to the conditions for issuance of a
cremation certificate and relative to the medical examiner’s statute. OUGHT TO PASS.
Rep. Carl G
Robertson for Executive Departments and Administration: This bill clarifies when a medical examiner’s
certificate maybe issued for a death which has occurred within the state but is
being transferred out of state for cremation.
This bill would not allow the transfer of the body until the medical
examiner has viewed the body and has issued a certificate of release. There are also technical corrections
regarding the fees for examining a body during a death investigation. Telephone conversations would be twenty five
dollars and an external examination of the body would be one hundred forty
dollars, plus the mileage at the state rate.
This part of the bill would put into statute what is now common
practice. This change is consistent with
the fiscal note attached to last year’s bill which made change to RSA 611-B. Vote 18-0.
SB 430,
relative to cemeteries and mausoleums. OUGHT TO PASS WITH AMENDMENT.
Rep. Suzanne E
Beauchesne for Executive Departments and Administration: This bill relates to the definitions of
cemeteries, burial grounds and burial spaces, both private and religious. The bill also defines who can operate
cemeteries, mausoleums and columbariums.
The committee amendment further clarifies the definition to include
mausoleums and columbariums that are intended for the interment of human bodies
and or remains, but are not presently used for such purpose. Vote 17-0.
SB 440,
relative to requiring occupational boards and commissions to include relevant
military experience or training in satisfying requirements for engaging in a
regulated profession. OUGHT TO PASS
WITH AMENDMENT.
Rep. James F Headd
for Executive Departments and Administration:
The training, education and experience learned in the military are
unparalleled in the civilian world. When
recruits are enlisted, they select a career field of interest and are assigned
a job classification code known as an MOS (Military Occupation Specialist) or
AFSC (Air Force Specialty Code). These
codes identify the career group and the 2nd and 3rd digit identify the specific
career field of subdivision. The 4th
digit identifies the individual skill level.
There are five skill levels identified by numbers: 1. a helper, awaiting school; 3. Apprentice,
technical school graduate; 5. Journeyman, experienced and functioning as a
front line technician; 7. Craftsman, many years of experience in the specialty
– responsibilities include supervision and training and 9. Superintendent
responsible for broad supervision, very experienced. These job description codes are made
available on discharge papers (DD214) and use translatable by human resource
personnel. The bill authorizes credit
for military training for pay and responsibility level and applicants must take
the necessary exams to qualify for civilian jobs. Vote 17-0.
SB 461,
relative to accessibility of genealogical records to the public. OUGHT TO PASS.
Rep. A Laurie
Harding for Executive Departments and Administration: This bill modifies the length of time that
vital records must be kept out of the public domain. This change is in keeping with the 1992
revisions of the Model State Vital Statistics Act. With passage of SB 461, birth records may
become part of the public domain after 100 years and death, marriage and
divorce records after 50 years. Vote
18-0.
SB 536-FN,
reclassifying certain positions in the insurance department. OUGHT TO PASS WITH AMENDMENT.
Rep. Ken Hawkins
for Executive Departments and Administration:
The bill changes positions within the Insurance Department from
classified to unclassified. The
positions were evaluated per RSA 14:14-c, and then approved by the employee pay
classification committee Vote 18-0.
FINANCE
SB 325-FN-A,
relative to child care provider reimbursement rates. OUGHT TO PASS.
Rep. Martha McLeod
for Finance: This bill is the result of
a finding by Centers for Medicare Services (CMS) that the state agency may not
establish different payment rates for childcare providers based on a family's
eligibility status or circumstances. The
committee was offered a solution for this situation that did not increase
spending. The solution restructures the childcare rating structure while
maintaining the 5% rate increase for FY09 for licensed childcare providers. Vote 25-0.
SB 498,
relative to state guarantees of certain municipal debt issues. OUGHT TO PASS.
Rep. Bernard L Benn
for Finance: By statute, the state
guarantees bonds for seven programs and thereby assumes a contingent liability
on these bonds. The state treasurer has
analyzed the amount actually needed to be guaranteed and has proposed in this
bill to reduce the current guarantee limit for four programs: water pollution, school construction, solid
waste management, and super fund site cleanup.
The limits of the other three programs remain unchanged: business finance authority, water resource
council, and housing finance authority child care loans. This bill reduces the total debt guarantee
from $450,300.00 to $210,300.00. This
measure better reflects the state's anticipated needs, enhances our debt
management program, and will be looked upon favorably by bond rating agencies. Vote 25-0.
HEALTH, HUMAN SERVICES AND
ELDERLY AFFAIRS
SB 324-FN,
consolidating all substance abuse services in the office of alcohol and drug
abuse prevention within the department of health and human services. OUGHT TO PASS WITH AMENDMENT.
Rep. Robert G
Bridgham for Health, Human Services and
Elderly Affairs: This bill, as amended,
does two things. It directs the
commissioner of the department of health and human services to study the most
effective organization of the department’s units involved with substance abuse
and to report results to the oversight committee on health and human
services. Testimony before the committee
indicated concerns about the effectiveness of the existing organization. The bill also specifies meeting and reporting
requirements of the governor’s commission on alcohol and drug abuse prevention,
intervention, and treatment and the assistance to be provided to the commission
by executive branch departments. Vote 16-0.
SB 365, relative to the commission to study childhood
lead poisoning prevention laws, policies, and standards in
Rep. James R MacKay
for Health, Human Services and Elderly
Affairs: This bill modifies a duty in
the existing commission to study childhood lead poisoning prevention, laws,
policies and standards. This
modification would include “statewide universal screening” among other
protocols already outlined. The
commission already has the authority to consider this screening process. The committee felt that legislative
authorization is not needed. Vote
18-0.
SB 390,
establishing a suicide prevention council. OUGHT TO PASS WITH AMENDMENT.
Rep. James R MacKay
for Health, Human Services and Elderly
Affairs: This bill puts into statute a
suicide prevention council that would implement the suicide prevention
plan. The council would have a
representative membership of various stakeholders who will address this serious
public health issue. Suicide is the
leading cause of death for persons ages 10 to 24 in
SB 529,
changing certain references in the mental health laws. OUGHT TO PASS.
Rep. James R MacKay
for Health, Human Services and Elderly
Affairs: This bill removes statutory
references to mental retardation and replaces them with the words “intellectual
disability.” Over time, certain
diagnostic medical terms take on a negative connotation and are used to
ridicule individuals and in other disparaging ways. The committee hopes that the term
“intellectual disability” will replace in state statutes a term that has become
negative. The committee was unanimous in
support. Vote 17-0.
LABOR, INDUSTRIAL AND
REHABILITATIVE SERVICES
SB 502-FN,
relative to unemployment compensation. OUGHT TO PASS.
Rep. John K Knowles
for Labor, Industrial and Rehabilitative Services: This bill makes unemployment compensation
available to people who are only able to accept part-time employment. This is already true for people in certain
circumstances; this bill applies to all workers who are otherwise
eligible. Workers who wish to change
from full-time to part-time will not receive benefits, since benefits will be
based only on previous part-time employment.
Vote 15-2.
LEGISLATIVE ADMINISTRATION
SB 499-FN,
relative to penalties for unauthorized disclosure of confidential matters in
legislative ethics proceedings. OUGHT
TO PASS.
Rep. Elizabeth S
Hager for Legislative Administration:
The committee requested this bill because of a problem last year with
confidential information leaked to the press. Our committee unanimously agrees
this is an important law which should be enacted. Vote 9-0.
MUNICIPAL AND
SB 48,
relative to removal of appointed highway agents from
office. INEXPEDIENT
TO LEGISLATE.
Rep.
Betsey L Patten for Municipal and
SB 360,
relative to local enforcement of the state building code. OUGHT TO PASS.
Rep. Eric G Stohl
for Municipal and
SB 367,
relative to the date of the final property tax bill in municipalities that bill
quarterly. OUGHT TO PASS.
Rep. Suzanne S
Laliberte for Municipal and
SB 375-L,
allowing veterinarians to inform town and city clerks about dogs that have been
euthanized or died during treatment. OUGHT TO PASS.
Rep. Bennett F
Moore for Municipal and
SB 377,
relative to the application of the prudent investor rule to town trust funds. OUGHT TO PASS WITH AMENDMENT.
Rep. Eric G Stohl
for Municipal and
PUBLIC WORKS AND HIGHWAYS
SB 338,
relative to the
Rep. James B Webber
for Public Works and Highways: This
bill, as amended, expands the scope of the Hampton Beach Capital Improvement
Fund from funding capital improvements for only parking facilities to funding
capital improvements and capital equipment for parking and beach facilities at
the Hampton Beach-area state parks. The
amended bill does not authorize operating expenses from the Fund. Vote 13-0.
SB 361,
relative to the widening of Interstate 93. OUGHT TO PASS WITH AMENDMENT.
Rep. Alfred C
Lerandeau for Public Works and Highways:
This bill, as amended, adds to existing chapter law, which states that
the widening of Interstate 93 shall be “a very high priority”, by adding a new
paragraph which clarifies that the entire 18 mile corridor shall be a priority
until completion of the entire project.
Vote 12-1.
SB 431,
naming a small impoundment in Goffstown as
Rep. Gene G
Chandler for Public Works and Highways:
This bill names an impoundment area along the
RESOURCES, RECREATION AND
DEVELOPMENT
SB 328,
relative to civil forfeitures for certain waste disposal violations. OUGHT TO PASS.
Rep. Susan R Kepner
for Resources, Recreation and Development:
This bill was brought forward by the Attorney General’s Office. It raises fines for septic systems found to
be out of compliance. Current fines are
so low that the Attorney General’s Office cannot recover the costs of
prosecuting. The proposed fines are
consistent with similar regimes of fine in the state law. It also allows the court to take into
consideration circumstances such as the severity of the problem and ability of
the owner to pay. Vote 17-2.
SB 409,
relative to conservation and preservation restrictions. OUGHT TO PASS.
Rep. Donald A
Brueggemann for Resources, Recreation and Development:. When a conservation easement is granted,
there is often a partnering contingent grantee in addition to the primary
grantee (the holder of the easement).
The purpose of a 1993 revision to the conservation easement statute was
to prevent the creation of a conservation easement without the consent of the
parties involved. A recent reading of
this revision revealed two technical flaws:
1) amendments to easements are not covered and 2) the approval of all
parties is not specified. SB 409
corrects these flaws so that the amendment of a conservation easement must be
approved by the grantee and all other grantees who are part of the original
easement. Vote 14-0.
SB 413,
authorizing the department of resources and economic development to retain the
administrative fee for certain disposals of state lands. OUGHT TO PASS WITH AMENDMENT.
Rep. Suzanne H
Gottling for Resources, Recreation and Development: This housekeeping bill assures that the
administrative fees involved with the disposal of the department of resources
and economic development (DRED) owned lands will be returned to that department
in compensation for its administrative efforts.
The amendment clarifies that the fees can be either lowered or raised to
make them appropriate to the actual expenses incurred. Vote 15-0.
STATE FEDERAL RELATIONS AND
VETERANS AFFAIRS
SB 520-FN-A,
requiring the state veterans council to issue a state veterans handbook
biennially and making an appropriation therefor. OUGHT TO PASS.
Rep. Connie M Soucy
for State-Federal Relations and Veterans Affairs: A California study showed that over 40% of
veterans never applied for benefits because they were either unaware of any
benefits that they may have been entitled to or that they did not know how to
apply for such benefits. The purpose of the handbook would be to provide an
easy guide to which benefits a veteran may be eligible for and where to apply
for such benefits. For example, there are still
SB 521-FN,
increasing the maximum scholarship amount available from the national guard
scholarship fund. OUGHT TO PASS.
Rep. Patrick F
Garrity for State-Federal Relations and Veterans Affairs: The scholarship fund is for active National
Guardsmen and Air Guard to attend college level courses. The scholarship
program does not receive any funds from the state; it is funded by monies
raised from rental income from the National Guard facilities. Over the years
the cost of a three credit course at the state college or community college
level has exceeded the $500 amount. The $750 would cover the cost of a three
credit courses. The $750 would be the maximum amount given each year. The final
amount would depend on the total number of people applying, the year rental
income and principle balance left in the account. The goal of the scholarship
program is to provide as many people possible with an equal amount rather than
have to pick a lesser number in order to award the $750 amount. Vote 11-0.
SCR 5,
urging that federal, state, and local governments work with broadcasters and
consumer groups to inform
Rep. Eleanor Glynn
Kjellman for State-Federal Relations and Veterans Affairs: This bill urges federal, state and local
government to work with the broadcasting industry and consumer groups to
educate consumers about the federally mandated switch to digital signal which
takes effect February 17, 2009. This is especially important to those consumers
who have no cable or satellite TV service, and in cases of emergencies where
communication via TV would help consumers be aware of dangers and possible
evacuation plans. There is no cost to the state. Many constituents however,
will appreciate knowing how to get their $80 worth of coupons for the converter
boxes, and may look to the state representatives for information. Vote 10-1.
SCR 8,
urging the United States Department of Defense to restore the designations of
Prisoner of War and Missing in Action to those servicemen and servicewomen who
are missing in operations in Afghanistan and Iraq. OUGHT TO PASS.
Rep. Alfred P
Baldasaro for State-Federal Relations and Veterans Affairs: The current system of designating someone
missing or captured is very confusing to the average person. The initial
designation of duty-status-whereabouts unknown is cold and impersonal. People
understand KIA, MIA and POW but very few understand DUSTWUN. While the initial
designation of DUSTWUN has always been changed to KIA, WIA, POW, recovered,
missing or captured the average person
would not know this unless they followed all the DOD news releases from the
office of the Assistant Secretary of Defense for Public Affairs. In all cases
of service members in
SCR 9,
urging Congress to fund a community-based outpatient clinic for veterans in
Rep. Kris E Roberts
for State-Federal Relations and Veterans Affairs:
TRANSPORTATION
SB 103-FN-L, establishing a committee to generate and
evaluate solutions for maintaining emergency access on class VI and private
roads. INEXPEDIENT TO LEGISLATE.
Rep. Brenda L
Ferland for Transportation: Local
governing bodies now have complete authority over local roads regardless of
classification. This is what a committee
will learn. Therefore, the majority felt
there was no need to establish a committee to study what is a known fact. Vote 14-1.
SB 336-FN,
relative to special number plates for veterans who are former prisoners of war.
OUGHT TO PASS.
Rep. Sherman A
Packard for Transportation: This bill
includes any veteran from
SB 363,
requiring youth operators and passengers of OHRVs and snowmobiles to wear
approved protective headgear. OUGHT
TO PASS WITH AMENDMENT.
Rep. Howard N
Cunningham for Transportation: Testimony
was supportive with some concern expressed for size/age protective gear being
available. The committee supported an
amendment that specified “size appropriate” protective head gear. The fish and game commission was supportive. Vote 12-3.
SB 364,
relative to vehicle weight tolerance. OUGHT TO PASS.
Rep. Peter F Bergin
for Transportation: The intent of this
bill is to allow a 5% overweight allowance on specified weight limitations for
vehicles on the non-interstate and general highway system. This practice has been an effort by the
department of safety for the last twenty years.
The bill brings into code the current practices. Vote 15-0.
SB 379,
relative to boating while intoxicated and transporting alcoholic beverages by a
minor. OUGHT TO PASS WITH AMENDMENT.
Rep. Stephen H
Nedeau for Transportation: This bill
clarifies certain laws relating to boating while intoxicated. A boater who refuses to submit to a blood
alcohol test shall lose his or her boating privileges in addition to losing his
or her driving privileges to operate on any ways of this state, and in order to
make things consistent, that loss of driving privileges shall be for 90 days. Vote 16-0.
SB 490-FN, relative to fees for special number plates
for veterans and relative to vehicle registration fees for disabled veterans
and former prisoners of war. OUGHT TO
PASS.
Rep. Peter F Bergin
for Transportation: The intent of this bill is to recognize the service that
veterans, disabled veterans and former prisoners of war have given to our country. It eliminates the one-time fee for special
number plates for veterans. It also
clarifies the disabled veteran exemption from state vehicle registration fees
and exempts former prisoners of war from state vehicle registration fees. Vote 15-0.
SB 503-FN,
relative to authorizing temporary registrations of off-highway recreational
vehicles for nonresidents. INEXPEDIENT TO LEGISLATE.
Rep. Michael B
O'Brien for Transportation: The
intention of this bill as presented to the committee was to allow the use of
off-highway recreational vehicles (OHRVs) by out-of-state residents on a
temporary permit. Although this bill may
increase tourism of these OHRV users, many questions did arise. As presented, this bill may cause more of a
drain to the funds of the fish and game department, present a conflict to
existing temporary boating permits, as well as a conflict to existing gas tax
laws. Vote 16-0.
SB 533,
establishing a committee to study age-based driver's license renewal testing. OUGHT TO PASS WITH AMENDMENT.
Rep. Robert W
Williams for Transportation: Many
questions are being asked about age-based driver’s renewal testing and its
affect on seniors. This issue is one
which is on the minds and concerns of seniors and some see it as age
discrimination. The bill simply calls
for a commission to study the issue and then report its findings and
recommendations. It is time to take a
thorough look at the need, if any, for age-based driver’s license renewal
testing. Studies show that seniors are
not the age group which is the most responsible for accidents. Vote 15-0.
WAYS AND MEANS
SB 423,
relative to cashing of bingo winnings checks. OUGHT TO PASS.
Rep. William A
Hatch for Ways and Means: Currently
under RSA 287-E:9 IV, operators of bingo and lucky seven games are required to
pay any prizes of more than $500 by check, but are not allowed to cash those
checks. According to testimony, patrons
had problems accessing these winnings in a timely manner when paid by this
method, thus causing concern by operators that they would lose business. The committee did not see problems with
changing the check-cashing policy to allow operators the ability to cash the
checks. Vote 15-0.
SB 493,
allowing certain tax exempt organizations to be defined as charitable
organizations for purposes of games of chance operations. INEXPEDIENT TO LEGISLATE.
Rep. Steve
Vaillancourt for Ways and Means: This bill would allow chambers of commerce to
be defined as charitable organizations for the purpose of gambling
(bingo). This is similar to HB 1529 that
went through the Executive Departments and Administration Committee and was
voted ITL out of the House just this past February. Chambers of commerce are organized for the
purpose of promoting and lobbying for their business members, and are
designated as 501(c)6 organizations.
Charities are designated as 501(c)3 organizations based on the
description of their activities, which does not match the description of
chambers of commerce. If this bill were
to pass, it would open up the possibility that many other organizations would
also seek 501(c)3 designation to allow them to engage in gambling, resulting in
a mushrooming of gambling activities throughout the state. Gambling operators who actively recruit new
charities to run gambling venues would be eager to add new charities to their
seven days a week operations. Each such
new gambling event would attract money from truly charitable organizations
already in existence. Expansion of
gambling would bring with it the need to regulate and supervise gambling venues
to avoid illegal and fraudulent activities, yet no funding is provided for such
regulation. Chambers have a number of
other ways to raise money besides their members’ dues, and it is the opinion of
the committee members that SB 493 can be found Inexpedient to Legislate without
adversely limiting the ability of chambers of commerce to fund their
activities. Vote 14-2.
SB 534-FN,
eliminating the processing fee on court credit card transactions. OUGHT TO PASS.
Rep. Christine C
Hamm for Ways and Means: This bill was
filed in an effort to redress an unworkable directive, a $3 credit card fee
added to court credit card charges, passed in earlier legislation. In implementing that legislation, the courts
learned that adding a fee to these transactions violated credit card rules
against discriminatory surcharges. Since
this fee is not also charged on cash or check transactions, the credit
companies have threatened to sue the state.
In response to that possibility, the attorney general’s office has
issued a cease and desist order to the courts.
SB 534-FN provides legislation consistent with that ruling. Vote 16-1.
WEDNESDAY,
APRIL 16
REGULAR CALENDAR
COMMERCE
SB 532,
relative to administrative fines under the indoor smoking act. OUGHT TO PASS WITH AMENDMENT.
Rep. John B Hunt
for Commerce: Under the current law, the
enforcement of the smoking law could only be done by bringing a civil case in
the criminal courts. The department of health
and human services was denied the ability for enforcement by the Joint
legislative Committee on Administrative Rules
because the statute did not allow them to enforce the smoking law administratively. The attorney general's office has limited
resources and has been reluctant to pursue any cases. This bill will allow the department of health
and human services to enforce the law administratively. The amendment changes the fine from "not
less than $100” to "no more than $100.”
Vote 13-2.
CRIMINAL JUSTICE AND PUBLIC
SAFETY
SB 507-FN,
relative to extended terms of imprisonment for criminal street gang members. OUGHT TO PASS WITH AMENDMENT.
Rep. Laura C
Pantelakos for Criminal Justice and Public Safety: This bill originally created an enhanced
penalty for members of a “criminal street gang.” The definition of a gang member was judged by
the committee as overly broad. The
leaders and organizers of these criminal street gangs were not specifically
included. There was no testimony on the
extent of gang activity in the state of
EDUCATION
SB
530-FN-A-L, relative to kindergarten aid. MAJORITY:
OUGHT TO PASS WITH AMENDMENT.
MINORITY: INEXPEDIENT TO
LEGISLATE.
Rep. Judith T
Reever for the Majority of
Education: This bill gives
communities who do not currently offer kindergarten an additional year, until
September 2009, to comply with the requirement that kindergarten be offered as
part of an adequate education. The bill
also provides and extends per pupil grants and classroom construction aid
grants from the department of education, through July 15, 2013, to school
districts that do not currently offer kindergarten. The provision for transitional grants allows
districts which begin a kindergarten program by September ’08 or September ’09
to receive additional assistance for implementation. Districts can choose to receive state funding
for either 75% of actual construction costs or 100% of the cost of constructing
a basic code compliant kindergarten building/classrooms. The bill also provides for 100% of lease and
set up costs for portable classrooms for three years as a transition to
permanent construction, and 100% of initial furniture, fixtures, and equipment. The current per pupil grant of $1,200 will
continue until new adequacy grants begin in 2010. The Joint Legislative Committee on Costing an
Adequate Education considered but rejected the use of private kindergartens
because they have lower certification and licensing standards and inconsistent
results. Districts can choose to tuition
to other public districts. The exemption
from RSA 32:8 and 32:11 allows districts to use state aid without requiring a
warrant article because there is no local burden. Even though the NH Constitution Part II
Article 28-a may not apply to requiring
kindergarten as part of adequacy because the constitutional basis for providing
adequacy predates the adoption of 28-a, the bill eliminates any possible 28-a
concern by providing a 100% state funding option for the creation of
kindergarten programs in those districts that currently do not offer
kindergarten. By December 1, 2008,
districts unable to open kindergarten by September ’08 will submit a plan for
providing public kindergarten to the Commissioner of Education. For every year of delay, approximately 2,000
children do not have the opportunity for a free, public kindergarten. This bill, as amended, will for the first
time in
Rep. David W Hess
for the Minority of
Education: This bill is a
heavy-handed. “Big Brother” approach to
implement mandated public kindergarten in twelve of our communities. The committee minority believes full state
funding for kindergarten is necessary, both because it is a new mandate under
Article 28-a and because it is now part of the definition of an adequate
education. However, this bill only funds
75% of the construction costs for new standard classrooms and less than the
full operating costs of the estimated 51 new classrooms needed to satisfy the
mandate. (A department of education
representative testified that the alternative “basic code compliant kindergarten
facility” inserted into the bill by a Senate amendment is not a good permanent
building solution.) The bill also
implements the politically and practically impossible timeline to comply with
this mandate, and usurps the Municipal Budget Act by specifying that school
boards must accept state transition grants for temporary classrooms in either
2008 or 2009 without needing the affirmative vote of local taxpayers. In that regard, the bill specifically negates
the “no means no” statutes—RSA 32:8 and 32:11.
Further, the bill requires that these twelve local school boards submit
detailed plans for implementing a public kindergarten by September 2009
regardless of whether the school district voters have authorized it or agree to
do it. In fact, only two of the twelve
school districts are taking steps to provide kindergarten in 2008, while the
overwhelming majority have done nothing to date, and have defiantly stated that
they will not implement public kindergarten without taxpayer approval. In addition, the bill does not allow school
districts to contract with private kindergartens that meet state standards to
satisfy this mandate. This method is
probably the most effective way to transition into a permanent program and may
well be the least expensive way for a community to provide kindergarten
permanently. Yet the committee majority
refused to consider this option.
Finally, the committee received uncontested testimony that the same
percentage of kindergarten-aged children in these towns attend private programs
as attend in those towns with public kindergartens. Thus, this bill would increase education
spending by more than $20 million with no anticipated increase in kindergarten
attendance in either these towns or across the state.
SB
539-FN-L, relative to the cost of an adequate education
and provision of fiscal capacity disparity aid. MAJORITY:
OUGHT TO PASS WITH AMENDMENT.
MINORITY: INEXPEDIENT TO
LEGISLATE.
Rep. Judith T
Reever for the Majority of
Education In fulfillment of the
state’s constitutional obligation to cost an adequate education, SB 539 applies
the recommendations of the Joint Legislative Committee on Costing an Adequate
Education’s final report to arrive at a costing methodology. Using the school approval standards
referenced in HB 927 (RSA 193—E:2-a-d, Chapter 270, 2007) to define an adequate
education, the bill establishes a universal cost of $3,450 per pupil per year, plus differential
aid for special education students, English language learners, and students in
schools with higher concentrations of low income students. The universal cost is based on a thorough
analysis of the costs of delivering instruction in nine subject areas,
including an average student-teacher ratio of about 22 students; teachers with
a BA at level 3 (the end of the probationary period), principal, guidance
counselor, librarian, technology and coordinator, custodian (to provide a
clean, safe school), curriculum materials, professional development, facilities
operation and maintenance, and transportation (K-8, as required). The Education Committee recommends
substituting a reading specialist at the K-8 level for the administrative
assistant recommended in the report.
Because different
students need different resources to receive the opportunity for an adequate
education, differential aid includes $1,856 per special education student and
$675 per English language learner, both based on average student loads per
teacher. Based on a large body of
research indicating that students from low income backgrounds (as identified by
the federal free and reduced lunch, FRL, program) face greater educational
challenges, that schools with higher concentrations of low income students have
fewer resources to meet those challenges, and that these impacts affect all
students in the school, the bill allots
an additional $431 per FRL student at concentrations below 12%, $863 more per
every student at 12%-23.9% concentrations, $1,725 at 24%-35.9%, $2,588 at
36%-47.9%, and $3,450 at 48% and above.
The average per student total adequacy grant is $4,685.
As unanimously
endorsed by the Joint Committee, the bill includes a provision that FRL funds
be used for evidenced-based enhancement programs such as pre- and full-day
kindergarten, extended learning time, class size reduction, parental
involvement, principal incentive programs, or curriculum enrichment, and that
schools report on the use of these funds.
Applying recommendations of educators and economists, the bill states
that districts will direct differentiated aid to the schools for which it is
allocated.
In addition to
adequacy aid, which constitutionally is based only on educational need, Section
7 of the bill addresses a district’s fiscal capacity to raise local education
money and allots $2,000 per pupil (ADMR) in municipalities (including
state-approved charter schools) ranked in the bottom 1/8th of equalized valuation per pupil and below the
state average median family income, and $1,250 per pupil in the next lowest
1/8th. Section 9 of the bill allots
transition money for two years to municipalities which meet certain property
value and income levels and receive 85% or less of their 2009 adequacy
grants. Legislative Budget Assistant’s
Office estimates the total cost of adequacy plus fiscal disparity and transition
aid to be $82 million more than current spending. Section 8 applies the
northeast consumer price index for “services less medical care.” In fulfillment of the final stage of the
“define, cost, fund, and establish accountability” process, Section 13 establishes
a Joint Legislative Oversight Committee on Accountability for an Adequate
Education.
The bill thoroughly
addresses the constitutional responsibility to cost an adequate education and
was supported by a strong, bipartisan majority of the Education Committee. Vote 13-4.
Rep. David W Hess
for the Minority of
Education: Last year in HB 927
(Chapter 270, 2007), this legislature defined an adequate education by
reference to nine specific curriculum subjects within the minimum Standards for
Public School Approval. In doing so, the
law adopted, in their entirety, more than 30 pages of those Standards. This bill, as reported out of the Education
Committee, ignored that legislative intent and, in many critical areas,
substitutes subjective opinions for the Standards, universally resulting in
increasing and inflating the cost of an adequate education.
The committee minority believes that
continuity in public policy and past definitions are extremely important in
this effort to cost an adequate education.
This education funding plan costs nearly $1 billion. It calls for the creation of new donor towns,
reduces grants to many working class towns such as Derry, Londonderry and
Keene, and unrealistically raises expectations in school districts across the
state with education spending $100 million higher than the current
biennium. That is $100 million more than
the state has in its coffers. The
committee ignored the definition of a “highly qualified” teacher embraced by
both our state and the federal departments of education, and arbitrarily
elected to use a higher level of experience which adds approximately $6,000 per
position to the cost of adequacy—unnecessarily increasing total education
expenditures by more than $60 million.
The committee also inflated costs by sending “differentiated aid,” –
additional aid intended to benefit students from lower social economic
backgrounds—by an arbitrary, discredited “step” formula in unsupportable large
amounts to children who come from both
average income and even wealthy families.
The committee also decided to adopt inflated funding levels for other
elements of the costing formula, including per pupil allocations for
educational materials, technology, transportation, and targeted aid for special
education students.
Finally this bill
in its current form is a patchwork—first, costing an adequate education, then
targeting fiscal disparity aid to correct the original bill’s effect of sending
far less aid to our poorer school districts than they currently receive, and
then again amending the bill to send a half-hearted, short term, inadequate
“transition aid” to those working class towns that unreasonably lose money
under this bill. In conclusion, by this
bill, communities that cannot afford to lose money are still losing money, 37
donor towns are created at a cost of almost $16 million to their taxpayers,
wealthier communities get far more money than they currently receive, and the
disparate treatment of our towns and the inconsistencies between the bill and
HB 927 (Chapter 270, 2007) invite repeated, interminable future litigation.
ENVIRONMENT AND AGRICULTURE
SB
528-FN, relative to a mercury-added thermostat
collection program. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY:
OUGHT TO PASS.
Rep. Derek Owen for
the Majority of Environment and
Agriculture: This bill includes a
financial incentive, which has been proven to increase thermostat recycling
rates in three pilot programs around the country and in practice in the state
of
Rep. Robert H
Haefner for the Minority of Environment
and Agriculture: The Majority of E&A
took a pretty good bill from the Senate, rejected an amendment that cleaned up
some language and ensured that there would be no incentive and then passed an
amendment adding a bounty of $5 per recycled mercury thermostat to increase
recycling rates. The Minority is opposed to the incentive / bounty for several
reasons. First, it is our opinion that if it is illegal to dump mercury
thermostats and that contractors and homeowners know that recycling is
mandatory, that folks are educated about the program and it is convenient, they
will do the right thing and recycle without a $5 incentive. Secondly, the
incentive will be paid by the Manufacturers. That $5 cost will ultimately be
borne by the consumers of new thermostats.
It may be that on less expensive thermostats the bounty is more than the
profit. Third, there will be
administrative cost that the Manufacturers and the retailers will have to bear
to manage the bounty program. Lastly there are administrative costs that DES
will now encounter that are going to cause an increase in the fiscal note. They
are working on that cost as this is written.
DES is in opposition to incentives as well until they see the data after
some experience in NH.
EXECUTIVE DEPARTMENTS AND
ADMINISTRATION
SB 212-FN,
relative to the regulation of home inspectors. OUGHT TO PASS WITH AMENDMENT.
Rep. Peter B
Schmidt for Executive Departments and Administration: This bill establishes licensure for home
inspectors, an issue which has occupied this committee’s attention and effort
for an extended period of time and has been the object of some contention in
the trade. Ultimately, the committee
believed that, beyond the basic adoption of licensure, some protection of
current New Hampshire home inspectors who have been practicing their trade as
the source of their livelihood for a minimum of one year was worthy of
inclusion and the committee endorses this grandfathering for New Hampshire
residents. The bill sets up an oversight
board to determine testing requirements and standards of practice in line with
nationally recognized norms in order to promote and protect quality services
for
SB 300-FN-A,
relative to death benefits for corrections officers killed in the line of duty.
REFER FOR INTERIM STUDY.
Rep. Patricia M
McMahon for Executive Departments and Administration: This bill is similar to the 2007 Chapter 291,
SB 169-FN passed for police officers and fire fighters killed in the line of
duty. This bill proposes to provide an
additional death benefit of $100,000 to the family of state and county
corrections officers in
SB 310-FN,
relative to changes to games of chance. OUGHT TO PASS WITH AMENDMENT.
Rep. A Laurie
Harding for Executive Departments and Administration: This bill was requested by the pari-mutual
commission to update needed changes in RSA 287 (games of chance) to reflect the
change from the lottery commission to pari-mutual commission. This bill
enhances the ability of the pari-mutuel commission to regulate games of
chance. Games of chance are run solely
for the benefit of a charity. SB 310
provides for an internal auditor position that will be funded through fees that
will be paid by secondary game operators (card dealers). This fee will be determined through the rule
making process. The bill also requires
game operators to submit a bond up to $300,000 for each game location in order
to protect the interest of the charity.
If there is more than one location, unless a $300,000 bond will not
cover the liability owed the charity.
Then the pari-mutuel commission will require bond for each location up
to the maximum of $300,000. Vote
15-0.
SB 316-FN,
expanding a death benefit for police officers and firefighters to emergency
medical technicians. REFER FOR
INTERIM STUDY.
Rep. Patricia M
McMahon for Executive Departments and Administration: This bill is similar to
2007 Chapter 291, SB 169-FN passed for police officers and fire fighters killed
in the line of duty. This bill proposes
an expansion of an additional death benefit of $100,000 to the family of
emergency medical technicians in
SB 317-FN,
relative to the retail sale of tobacco products. OUGHT TO PASS WITH AMENDMENT.
Rep. A Laurie
Harding for Executive Departments and Administration: This bill transfers
licensing for tobacco sales from the department of revenue administration to
the liquor commission. It also decreases
the current fees for a tobacco license from $10 to $6 and increases the
licensing fees for vending machine operators from $70 to $120. This bill is supported by the American Heart
Association and Breathe New Hampshire because it will improve enforcement of
HEALTH, HUMAN SERVICES AND
ELDERLY AFFAIRS
SB 332-FN,
relative to resomation of human remains. OUGHT TO PASS WITH AMENDMENT.
Rep. Ruth Z Bleyler
for Health, Human Services and Elderly
Affairs: This bill, as amended,
prohibits the disposal of human remains resulting from an alkaline hydrolysis
or resomation and establishes a study committee to examine the process of
resomation and, if appropriate, determine licensing and regulation. A determination will be made whether the
practice of resomation should continue to be prohibited, or permitted, in
JUDICIARY
SB 329, relative to payment of members of
screening panels for medical injury claims. INEXPEDIENT TO LEGISLATE.
Rep. Maureen C
Mooney for Judiciary: This bill attempts
to generously pay the three panelists on the newly created medical malpractice
screening panel. The rate of payment in the bill is approximately $556 per day
for the panel chairman and $475 per day for the remaining two panelists. The
medical malpractice screening panel was established in 2005 with mostly
volunteer panelists and endorsed by the N.H. Medical Society, among other
advocates. Additionally, testimony in committee was that there was no shortage
of attorney or medical volunteers to serve on medical malpractice panels. Vote 14-2.
SB 531, relative to the capital appropriation for the
Hillsborough north superior court and relative to the venue for criminal cases
in Hillsborough county. OUGHT TO PASS
WITH AMENDMENT.
Rep. Lucy McV Weber
for Judiciary: When asbestos abatement
was originally scheduled for the Hillsborough north courthouse, it was hoped
that the work could be done one section at a time and that cases could continue
to be heard in the building while the abatement proceeded. It now appears that
the needed work is more extensive than expected and the building cannot be
safely occupied during construction. The present bill adds no additional funds
to those already appropriated. It does allow funds already allocated to be used
for relocation and reconstruction as will as for abatement. It also provides
enabling language so cases may be heard in other locations in
PUBLIC WORKS AND HIGHWAYS
SB 506,
naming the
Rep. David B
Campbell for Public Works and Highways:
Specialist Justin A. Rollins, a soldier attached to the 82nd Airborne
Division, and a son of
SB 516-FN-L,
relative to aid for county bridges. OUGHT TO PASS WITH AMENDMENT.
Rep. Franklin T
Tilton for Public Works and Highways:
This bill, as amended, authorizes a county to apply for municipal bridge
aid for a county owned bridge in the current manner in which all
SB 522-FN, relative to licensing requirements for small
quantity biodiesel producers and distributors and prohibiting the sale or
delivery of biodiesel not meeting the state ASTM standard. OUGHT TO PASS WITH AMENDMENT.
Rep. John A Graham
for Public Works and Highways: This bill
sets up licensing procedures for the producers of small quantities of
bio-diesel. Currently, even small
producers of this fuel are required to be licensed and post a $10,000
bond. Adoption of this bill will allow
small producers (less than 10,000 gallons/year) to be licensed without the
bond. The committee supports this
provision in order to encourage the growth of this industry in the state. The committee amendment allows for a refund
of the road toll collected on this bio-diesel to be refunded if it is used for
off road purposes, and allows the collection of purity testing fees from
producers whose product fails to meet established standards. Vote 13-1.
RESOURCES, RECREATION AND
DEVELOPMENT
SB
519-FN, imposing a per diem fine on dam owners and
operators for failure to repair damage. MAJORITY:
OUGHT TO PASS WITH AMENDMENT.
MINORITY: INEXPEDIENT TO
LEGISLATE.
Rep. Suzanne H
Gottling for the Majority of Resources,
Recreation and Development: Private dam
owners sometimes ignore deficiency notices from the department of environmental
services (DES). Previously, these areas
of deficiency included just repair and reconstruction of a dam. In order to minimize the cost and extent of
repairs, maintenance is now included as a deficiency. To promote compliance under this bill, DES is
required to begin punitive procedures if there is no response to a written
notice of deficiency within 45 days.
Administrative fines, civil and criminal penalties are also brought into
line with fines already in statute for other environmental breaches. Finally, all fines collected were previously
placed into the state dam maintenance fund.
Now 25% will be placed into a new private dam maintenance fund that will
provide a low interest loan to qualified applicants who are unable to meet the
costs of dam maintenance, repair, or reconstruction. Vote 15-4.
Rep. Andrew
Renzullo for the Minority of Resources,
Recreation and Development: This bill
imposes a fine on dam owners for failure to repair or maintain a dam. The present law allows for an administrative
fine of $2,000/day. This bill increases
the fine to $5,000/day. Since the
department of environmental services (DES) admits that it has only enforced the
$2,000/day fine once, it is problematic that their behavior will change with a
$5,000 fine even though “shall” will replace “may” in the statute. What is more surprising is the draconian
increase in a civil forfeiture fine from $100/day to $20,000/day! The most bizarre portion of this bill is the
creation of a low interest revolving loan fund for dam owners to be funded by
25% of the above collected fines. Based
on the costs of dam repair and the history of fine collection, it is estimated
that it may take from 10 to 50 years to accrue enough money to fund just one
loan. It should also be noted that, at
present, 100% of the fine proceeds go to the repair of state-owned dams. Thus 25% of that money would be diverted to
the repair of private dams. This means
the taxpayer eventually picks up the tab.
Finally, is it good public policy to provide state-funded low interest
loans to land rich dam owners who have the obvious resources to obtain loans on
the open market? Obviously not.
SCIENCE, TECHNOLOGY AND
ENERGY
SB 434, relative to providers of electronic
communication services and an extension for compliance with the REAL ID Act of
2005. INEXPEDIENT TO LEGISLATE.
Rep. John H Thomas
for Science, Technology and Energy: The bill was introduced to speed up the
process of obtaining information by “administrative subpoenas” when using
electronic communications in the commission of unlawful purposes. The bill, however, expanded the types of
information to be obtained beyond the realm of location and apprehension of
violators and thereby raised privacy issues. Members of the committee who
didn’t vote to ITL did so primarily because they wanted to amend this bill to
repeal or limit the existing authority, established by RSA 7:6-b, for the
attorney general to issue administrative subpoenas absent probable cause or an
emergency situation. With the recent
decision by the federal government to extend the exemption to
WEDNESDAY, APRIL 16
special order
STATE FEDERAL RELATIONS AND
VETERANS AFFAIRS
HR 21,
urging Congress to oppose any attempt to remove the phrase "In God We
Trust" from
Rep. Kris E Roberts
for State-Federal Relations and Veterans Affairs: The committee debated the separation of
church and state issue concerning "In God We Trust.” Based on usage of the
word “God” and “Lord” in the Declaration of Independence and the Constitution
along with a number of federal court cases, the committee agreed that "In
God We Trust" wasn't being used to force religion on anyone. It was
determined the usage was based on tradition so the committee amendment adds the
words "E Pluribus Unum" along with eliminating the request to remove
over 50,000,000 presidential coins from circulation. Vote 10-2.
HR
22, urging that the federal government enforce
existing immigration law. MAJORITY:
INEXPEDIENT TO LEGISLATE.
MINORITY: OUGHT TO PASS.
Rep. Kris E Roberts
for the Majority of State-Federal
Relations and Veterans Affairs: The
majority of the committee agrees with the intent of this bill when it comes to
protecting people from slave-like working conditions. This bill addressed far
more than enforcing existing immigration laws.
It was also a request for funding and completion of the fence from the
Pacific Ocean to the
Rep. David F
Scannell for the Minority of State-Federal
Relations and Veterans Affairs: The minority believes that this resolution asks
the federal government merely to enforce laws that are currently on the books,
and that the enforcement of existing laws is an integral part of comprehensive
immigration reform.
HR
24, petitioning Congress to commence impeachment
procedures. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY:
OUGHT TO PASS.
Rep. Pamela D
Coughlin for the Majority of State-Federal
Relations and Veterans Affairs: The
majority of the committee believes that the world is in perilous and uncertain
times and this House Resolution will encourage intolerance, violence and hatred
around the world. Our President is the Commander in Chief. Our
Rep. Eleanor Glynn
Kjellman for the Minority of State-Federal
Relations and Veterans Affairs: This
bill is a petition to the US House of Representatives to commence impeachment
procedures. Under Section 603 of Jefferson’s Manual of Parliamentary Practice,
a state legislature may bring this action.
Many citizens and several representatives of the NH House of various
political persuasions and parties, Republicans, Libertarians, Independents and
Democrats, appeared before the committee in favor of this resolution. It appears to be not only bi-partisan but
also multi-partisan. This resolution
does not impeach the president, but requests that the US House begin an
investigation regarding the various grievances of the petitioners. It is not our prerogative in the NH House to
argue the merits of the grievances, or to seek proof of their validity, indeed
that is the purpose of the impeachment inquiry in the US House. Impeachment is a tool of accountability – part of the checks and
balances process of our democracy -
which is available to the citizens in our democracy. The people have a
right to petition their representatives and we have a duty to respond and act –
regardless of the timing, convenience, political expediency or other concerns which are secondary to the
preservation of the democratic process.
We believe the process of impeachment should be exercised to maintain
accountability in the office of the Presidency.
HR 25,
urging Congress to fully implement the Secure Fence Act of 2006. OUGHT TO PASS.
Rep. Doreen Howard
for State-Federal Relations and Veterans Affairs: The committee felt that this bill was about securing all
HOUSE DEADLINES
|
Thursday, April 17, 2008 |
Last day to act on Senate bills going to a second committee |
|
Thursday, May 8, 2008 |
Last day to report all Senate bills |
|
Thursday, May 15, 2008 |
Last day to act on Senate bills |
|
Wednesday, May 21, 2008 |
Last day to form Committees of Conference |
|
Friday, May 30, 2008 |
Last day to sign Committee of Conference reports |
|
Thursday, June 5, 2008 |
Last day to act on Committee of Conference reports |
2008 INTERIM STUDY COMMITTEE ASSIGNMENTS
CHILDREN AND FAMILY LAW
HB 1188, relative to grounds for modification of parental rights and responsibilities.
HB 1217, relative to violations of conditional release by delinquent children.
HB 1323, relative to certification of out-of-state placements in juvenile proceedings.
HB 1490, adopting the uniform child custody jurisdiction and enforcement act.
COMMERCE
HB 116, limiting access to certain business records.
HB 442-FN, prohibiting unconscionable prices for essential commodities during a declared state of emergency.
HB 894-FN, requiring insurance coverage for bariatric surgery for diabetics.
HB 1198, limiting the annual interest that may be charged on small loans.
HB 1337, relative to private actions under the consumer protection act.
HB 1356-FN, prohibiting the use of certain information to underwrite motor vehicle insurance coverage.
HB 1540-FN, relative to coverage for clinical trials under the children’s health insurance program and the state Medicaid program.
HB 1571-FN-LOCAL, relative to inspection of construction or alteration of publicly accessible buildings for compliance with accessibility standards, and making an appropriation therefor.
HB 1605-FN, making certain technical changes in the insurance laws.
CRIMINAL JUSTICE AND PUBLIC
SAFETY
HB 214, relative to discovery in criminal matters.
HB 260-FN, relative to bail agents and recovery agents.
HB 842, establishing safety requirements and procedures for firefighters.
HB 1238, relative to “course of conduct” in the stalking statute.
HB 1379, relative to the authority of state agencies to prohibit state employees from lawfully carrying a firearm.
HB 1383, adopting the uniform child abduction prevention act.
HB 1407, relative to permission to discharge a firearm in the compact part of a town or city.
HB 1609-FN, relative to misrepresentation as an owner of a service dog.
EDUCATION
HB 1164, relative to the counting of charter school pupils in the definition of average daily membership in residence.
HB 1489, prohibiting the start of public school until after Labor Day.
HB 1639-FN-A-LOCAL, relative to charter school funding and enabling charter schools to receive school building aid.
ENVIRONMENT AND AGRICULTURE
HB 1401-FN, adopting the uniform environmental covenants act.
EXECUTIVE DEPARTMENTS AND
ADMINISTRATION
HB 776-FN, establishing the licensure and regulation of private investigators.
HB 908-FN, relative to the licensure and regulation of massage therapists and registration of somatic and bodywork practitioners.
HB 1459-FN-A, relative to modular building standards and fees.
HB 1462-FN, establishing the
office of personal financial education in the treasury.
HB 1548-FN, relative to benefits for state employees who serve
with a national guard unit or army reserve unit in
HB 1552-FN, relative to establishing a single liquor commissioner.
SB 251, allowing the board of medicine to issue licenses for physicians to engage in a correctional institution medical practice.
FINANCE
HB 502-FN-A, extending Medicaid coverage through age 20 to individuals who were foster children and are attending postsecondary school.
HB 584-FN, including 17-year olds in the juvenile justice system.
HB 1549-FN, relative to the duration of the disability requirement for aid to the permanently and totally disabled.
FISH AND GAME
HB 527-FN-A, establishing a recreational saltwater license for fishing of marine species in coastal and estuarine waters.
HEALTH, HUMAN SERVICES AND
ELDERLY AFFAIRS
HB 265-FN-A, relative to the waiting list for services to persons with developmental disabilities and acquired brain disorders and making an appropriation therefor.
HB 1418, extending Medicaid to prevent gaps in coverage under
the
HB 1586-FN, relative to housing assistance for recipients of Temporary Assistance to Needy Families
HB 1587-FN, relative to patient health care information.
HB 1611-FN, relative to physical restraints used for involuntary commitments.
JUDICIARY
HB 455, repealing the law relative to screening panels for medical injury claims.
HB 1176, relative to jury duty.
HB 1322, relative to hearings for incapacitated persons admitted to state institutions by their guardians.
HB 1531, relative to allowing a cause of action for identity theft.
HB 1534, relative to the misuse of social security numbers.
HB 1624-FN, relative to a one day/one trial jury duty pilot program.
LABOR, INDUSTRIAL AND
REHABILITATIVE SERVICES
HB 1364-FN, relative to public employee collective bargaining negotiations under the public employee labor relations act.
HB 1469, relative to public employee terms of employment, bargaining units, and dispute resolution.
LEGISLATIVE ADMINISTRATION
HB 1464, relative to the availability of proposed amendments to bills and resolutions.
MUNICIPAL AND
HB 335, defining “unnecessary hardship” for purposes of zoning variances.
HB 445-FN-LOCAL, relative to the assessment of open space land.
HB 617-FN-LOCAL, establishing a property tax relief program and fund and making an appropriation therefor.
HB 1283-LOCAL, relative to temporary deferrals of property tax based on income.
PUBLIC WORKS AND HIGHWAYS
HB 1365-FN, relative to changes in the rates of highway tolls.
HB 1428, naming a portion of the
HB 1626-FN, relative to a new bridge
over the
STATE FEDERAL RELATIONS AND
VETERANS AFFAIRS
HB 1431-FN, establishing a permanent
state defense force.
HR 26, expressing regret that
TRANSPORTATION
HB 1358-FN, relative to custom vehicles.
HB 1461, relative to penalties for vehicle overload.
WAYS AND MEANS
HB 886-FN-A, relative to funding an adequate education.
HB 912-FN-A-LOCAL, establishing the
HB 1308-FN-A, relative to the business profits tax deduction for reasonable compensation.
HB 1372-FN, relative to allowing driveway construction permit fees.
HB 1510-FN-A, redefining tobacco products and increasing the tax on tobacco products other than cigarettes.
HB 1528-FN, relative to suspension of a driver’s license for gasoline theft.
LAID ON TABLE
HB 76-FN, creating an environmental policy for
HB 174-FN, relative to regulating residential building and
remodeling contractors. (Pending
question is Ought to Pass.)
HB 585-FN, requiring all animal shelter facilities, pet
shops and commercial kennels to collect a neutering deposit when placing a cat
or dog that has not been neutered.
(Pending question is the committee report of Inexpedient to Legislate.)
HB 620-FN, repealing the statutory provisions regarding small loans, title loans, and payday loans and establishing a general statutory usury rate. (Pending question is Recommit.)
HB 799-FN,
establishing a criminal usury rate for interest rates. (Pending question is Ought to Pass.)
HB 1139, relative to party access to voter
information. (Pending question is
the majority committee amendment.)
HB 1391-FN, prohibiting the investment of state funds in
the energy sectors of countries that have been identified by the United States
Department of State as state sponsors of terrorism.
HB 1483, requiring instruction in Internet safety. (Pending question is Ought to Pass with
Amendment.)
HB 1593-FN-A-L, establishing a flat rate education income tax and relative to the statewide enhanced education tax and certain other taxes. (Pending question is the majority committee report of Inexpedient to Legislate.)
HB 1612-FN-L, relative to county and state obligations for costs for nursing care and services, and for court orders for children services. (Pending question is the committee report of Inexpedient to legislate.)
HOUSE BILLS AMENDED BY THE SENATE
HB 267, relative to certain small loans. (SJ 2/14/08)
HB 351, clarifying that the definition of “overseas business organization” includes all foreign incorporated business organizations and all 80/20 business organizations, and redefining “business activity” for purposes of the business profits tax. (House Concurred 1/30/08)
HB 754-FN, repealing the law relative to the Maine-New Hampshire Interstate Bridge Authority. (House Concurred 1/30/08)
HB 1151, relative to reporting dates for the instream flow pilot program. (SJ 3/27/08)
HB 1295, establishing a commission to study issues relating to stormwater. (SJ 3/27/08)
COMMITTEE MEETINGs
SUNDAY, APRIL 13
LEGISLATIVE YOUTH ADVISORY COUNCIL (RSA 19-K), NH Technical
Institute,
3:00 p.m. Meeting to review the results of the public forums and to make plans for presenting this information to the legislature. The public is welcome.
MONDAY, APRIL 14
COMMISSION TO STUDY ISSUES RELATIVE TO GROUNDWATER WITHDRAWALS (SB 155, Chapter 305:1, Laws of 2003), Room 100, State House
10:00 a.m. Rescheduled regular meeting.
TUESDAY, APRIL 15
CHILDREN AND FAMILY LAW, Room 206, LOB
9:00 a.m. Subcommittee work session on SB 389, relative to privileged communications between health care providers and minor children.
10:00 a.m. Informational meeting with the Division of Children, Youth and Families (DCYF).
COMMERCE, Room 302, LOB
10:00 a.m. Continued public hearing on SB 312-FN, relative to insurance coverage for obesity and morbid obesity.
11:00 a.m. Continued public hearing on SB 301-FN, requiring insurers to cover prescriptions for durable medical equipment filled near the patient’s residence.
COMMITTEE TO STUDY EXOTIC AQUATIC WEEDS AND SPECIES (RSA 487:30), Room 308, LOB
10:00 a.m. Regular meeting.
CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 204, LOB
9:00 a.m. Subcommittee work session on SB 495-FN, prohibiting Internet solicitation and exploitation of children.
10:00 a.m. Subcommittee work session on SB 484, establishing a commission to investigate alternatives to incarceration for nonviolent offenders and cost savings related to such alternatives.
11:00 a.m. Subcommittee work session on SB 433, relative to confidential communications between a physician and a patient.
EDUCATION, Representatives Hall
10:00 a.m. Continued public hearing on SB 337-FN, relative to home education of children.
ELECTION LAW, Room 308, LOB
1:00 p.m. Executive session on SB 436, enabling certain persons to vote in primaries prior to turning 18 years of age, SB 478, relative to processing absentee ballots, SB 492, relative to persons designated to fill vacancies on the ballot.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB
9:00 a.m. Subcommittee work session on SB 210-FN, relative to making various changes to the regulation of plumbers and water treatment technicians by the board of licensing and regulation of plumbers.
10:00 a.m. Subcommittee work session on SB 348-FN, relative to the certification of forensic counselors by the board of forensic counselors and SB 453, relative to the terms of members of the electricians' board,
10:15 a.m. Subcommittee work session on SB 309-FN, relative to the regulation of amateur and professional fighting sports by the boxing and wrestling commission.
11:00 a.m. Continued public hearing on SB 335, allowing certain judges to terminate membership in the judicial retirement plan and elect senior active status.
1:00 p.m. Executive session on SB 347, establishing a commission to study making changes to the New Hampshire accountancy act, SB 349, allowing continuation of judicial retirement plan benefits for judges called to full-time active military duty, SB 371, making various changes to the city of Manchester employees' contributory retirement system, SB 318-FN, establishing a commission to study the creation of a large animal care worker classification, SB 449, relative to the status of emergency services volunteers, SB 526, relative to the death benefit for police officers and firefighters killed in the line of duty, SB 373, relative to definitions for and the application of the civil unions law to the retirement system, SB 326-FN, relative to salaries for certain unclassified positions.
FINANCE, Rooms 210-211, LOB
10:00 a.m. Full committee work session on CACR 34, relating to funding of public education. Providing that the general court shall define an adequate education and distribute state funds for public education in a manner that alleviates local disparities.
1:00 p.m. Public hearing on proposed amendments to SB 321, relative to construction or renovation of regional vocational centers, transferring certain positions from the pari-mutuel commission to the department of safety, and requiring certain operating budget reductions. The proposed amendments are relative to funding for indigent defense and relative to county liability for certain public assistance costs. Copies of the proposed amendments are available from the Sergeant-at-Arms Office.
1:15 p.m. Or immediately following the public hearing, full committee work session on SB 321, relative to construction or renovation of regional vocational centers, transferring certain positions from the pari-mutuel commission to the department of safety, and requiring certain operating budget reductions.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 205, LOB
9:00 a.m. Subcommittee work session on SB509-FN, requiring tobacco cessation therapy under the state Medicaid program.
2:00 p.m. Subcommittee work session on SB 425, relative to the data collection practices of health care providers and relative to the development of a comprehensive uninsured health care database.
JUDICIARY, Room 208, LOB
9:45 a.m. Subcommittee work session on SB 487, clarifying the law regarding bail pending appeal.
10:00 a.m. Executive session on SB 446, allowing probate court judges and district court justices to sit on either court in certain circumstances, SB466, relative to probate court jurisdiction over special needs trust, SB 488, relative to jurisdiction of the probate courts and superior courts, SB 543, establishing a commission to study court security, SB 311-FN, extending the statute of limitations for civil actions based upon a sexual assault case, SB 445, changing the procedure for recommending persons for initial appointment as marital masters.
1:15 p.m. Full committee work session on SB 460, relative to the definition of surviving issue.
MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB
10:00 a.m. Executive session on SB 414, authorizing special elections to fill vacancies in elective town offices, SB 462, limiting liability for overseers of public welfare when acting in the course of their official duties, SB 416, relative to subdivision and site plan regulation waivers, SB 474, relative to registers of deeds and reports of county officers, SB 524, relative to eligibility for persons to receive the elderly property tax exemption, SB 542, relative to a mediated settlement dispute in the town of Rye, and continued executive session on SB 473, naming the Prisoners of War/Missing in Action Memorial in Hesky Park in the town of Meredith.
1:00 p.m. Continued public hearing on SB 199, relative to the assessment of property subject to a housing subsidy restriction.
1:10 p.m. SB 342-FN-L, establishing a mechanism for expediting relief from municipal actions which deny, impede, or delay qualified proposals for workforce housing.
1:20 p.m. SB 421-L, relative to workforce housing.
RESOURCES, RECREATION AND DEVELOPMENT, Room 305, LOB
11:00 a.m. Subcommittee work session on SB 358, relative to mooring permits.
1:00 p.m. Public hearing on proposed amendment to SB 352-FN, relative to shoreland protection. The proposed amendment makes changes to the Shoreland Protection Act relative to impervious surfaces and undisturbed areas. Copies of the amendment are available from the Sergeant-at-Arms Office.
SCIENCE, TECHNOLOGY AND ENERGY, Room 304, LOB
10:00 a.m. Full committee work session on SB 259, establishing state appliance and equipment energy efficiency standards.
11:00 a.m. Full committee work session on SB 386, relative to service territories served by several telephone utilities.
WAYS AND MEANS, Room 202, LOB
10:30 a.m. Full committee work session on HR28, affirming revenue estimates for fiscal years 2008 and 2009.
11:00 a.m. Full committee work session on Fish and Game Department 2008 Performance Audit Report.
WEDNESDAY, APRIL 16
STATE FEDERAL RELATIONS AND VETERANS AFFAIRS, Room 303, LOB
12:30 p.m. Or during the lunch break from session, executive session on SB525, establishing the first Saturday in May as Emergency Medical Services Provider Recognition Day.
TRANSPORTATION, Room 203, LOB
8:00 a.m. Subcommittee work session on SB429, relative to driver education courses in other states.
12:45 p.m. Or during the lunch break from session, executive session on SB429, relative to driver education courses in other states.
THURSDAY, APRIL 17
COMMISSION TO STUDY AUTISM SPECTRUM DISORDERS IN NEW HAMPSHIRE (HB 396, Chapter 171:1, Laws of 2007), Bureau of Developmental Services, 105 Pleasant Street, Main Building, Concord (Please note date change.)
10:00 a.m. Regular meeting.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB
9:00 a.m. Subcommittee work session on SB331-FN, establishing new positions and realigning functions at the department of corrections.
11:00 a.m. Executive session on SB 210-FN, relative to making various changes to the regulation of plumbers and water treatment technicians by the board of licensing and regulation of plumbers, SB 309-FN, relative to the regulation of amateur and professional fighting sports by the boxing and wrestling commission, SB 331-FN, establishing new positions and realigning functions at the department of corrections, SB 348-FN, relative to the certification of forensic counselors by the board of forensic counselors, SB 420, relative to criminal background checks of health care facilities and certain nurse applicants, SB 334-FN, relative to undue influence on real estate appraisals and relative to the quorum of the real estate appraiser's board, SB 335, allowing certain judges to terminate membership in the judicial retirement plan and elect senior active status, SB 453, relative to the terms of members of the electricians' board. Also, continued executive session on pending legislation, if needed.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 205, LOB
9:30 a.m. Subcommittee work session on SB512-FN, relative to emergency management powers.
MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB
10:00 a.m. Executive session on SB 508-FN-L, relative to municipal deposits, SB 479, relative to the vote required for passage of school bonds, SB 407, establishing a committee to study the right of entry upon lands for the purpose of conducting a land survey, SB 398, establishing a committee to study municipal boundaries and the laws pertaining to these boundaries and continued executive session on SB 381, relative to conservation commissions.
PUBLIC HEALTH IMPROVEMENT SERVICES COUNCIL (HB 491, Chapter
250:2, Laws of 2007), Rooms 110-112,
2:00 p.m. Regular meeting.
SCIENCE, TECHNOLOGY AND ENERGY, Room 304, LOB
1:00 p.m. Full committee work session on SB412, establishing the office of technology development and telecommunications planning and the position of director of telecommunications in the department of resources and economic development.
FRIDAY, APRIL 18
ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 306-308, LOB
9:00 a.m. Regular meeting.
CURRENT USE BOARD (RSA 79-A:3), Department of Revenue
Administration Training Room,
1:00 p.m. Public rule hearing.
2:30 p.m. Regular meeting.
GOVERNOR’S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION,
INTERVENTION, AND TREATMENT (RSA 12-J),
9:30 a.m. Regular meeting.
10:00 a.m. Regular meeting.
MONDAY, APRIL 21
COMMISSION TO DEVELOP A
10:00 a.m. Subcommittee work session on corrections.
TASK FORCE TO DEVELOP LEGISLATION FOR EXPANDING ACCESS TO AFFORDABLE HEALTH INSURANCE FOR THE 2008 AND 2009 LEGISLATIVE SESSION (HB 305, Chapter 248:1, Laws of 2007), Room 302, LOB
1:00 p.m. Regular meeting.
TUESDAY, APRIL 22
CHILDREN AND FAMILY LAW, Room 206, LOB
10:00 a.m. Executive session on SB 464, relative to the number of children in a licensed foster home, SB 483, establishing a committee to study in-home intervention and counseling services for families and children charged with a crime or designated in need of services by the juvenile court, SB 389, relative to privileged communications between health care providers and minor children.
COMMERCE, Room 302, LOB
10:00 a.m. Subcommittee
work session on SB 468, relative to the reinsurance pool and the
COMMISSION TO STUDY METHODS AND COSTS OF SEWAGE, SLUDGE, AND SEPTAGE DISPOSAL (HB 699, Chapter 253:1, Laws of 2007), Room 303, LOB
1:00 p.m. Regular meeting.
ENVIRONMENT AND AGRICULTURE, Room 303, LOB
10:00 a.m. Subcommittee work session on solid waste and recycling.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Bureau of
Elderly and Adult Services, Department of Health and Human Services Concord
District Office,
12:30 p.m. Tour of the Bureau of Elderly and Adult Services.
LONG-RANGE CAPITAL PLANNING AND UTILIZATION (RSA 17-M), Room 201, LOB
3:00 p.m. Regular meeting.
PUBLIC WORKS AND HIGHWAYS, Room 201, LOB
10:15 a.m. SB 341, prohibiting digital advertising devices on certain highways.
SCIENCE, TECHNOLOGY AND ENERGY, Room 304, LOB
1:00 p.m. Continued executive session on SB 412, establishing the office of technology development and telecommunications planning and the position of director of telecommunications in the department of resources and economic development.
THURSDAY, APRIL 24
FISH AND GAME, Room 303, LOB (Please note room change.)
10:00 a.m. Executive session on SB 467, relative to taking lobsters and crabs, SB 480, repealing a requirement that the fish and game department publish certain hunting season information in newspapers in each county.
FRIDAY, APRIL 25
ASSESSING STANDARDS BOARD (RSA 21-J:14-a), Department of
Revenue Administration,
9:30 a.m. Regular meeting.
JOINT COMMITTEE ON ADDRESS, Rooms 206-208, LOB
9:00 a.m. Public hearing on HA 1, for the removal of Patricia C. Coffey, superior court justice, from office.
OSTEOPOROSIS ADVISORY COUNCIL (RSA 126-I:3), Room 205, LOB
9:00 a.m. Rescheduled regular meeting.
MONDAY, APRIL 28
COMMISSION ON THE USE OF RADIO FREQUENCY TECHNOLOGY (HB 203-FN, Chapter 165:1, Laws of 2006), Room 303, LOB
10:00 a.m. Regular meeting.
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c), Room 100, State House
9:00 a.m. Regular meeting.
OIL FUND DISBURSEMENT (RSA 146-D:4), Room 305, LOB
9:00 a.m. Regular meeting.
TUESDAY, APRIL 29
COMMISSION TO STUDY ISSUES RELATIVE TO THE PRACTICE OF LEASING STATE-OWNED REAL ESTATE ON THE SHORES OF PUBLIC WATERS (HB 710, Chapter 254:1, Laws of 2007), Room 203, LOB
1:00 p.m. Regular meeting.
FISCAL COMMITTEE (RSA 14:30-a), Rooms 210-211, LOB
9:00 a.m. Regular business.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 205, LOB
9:30 a.m. Subcommittee work session on SB 496, establishing a commission to study incentives for providers of home and community-based care.
PUBLIC WORKS AND HIGHWAYS, Room 201, LOB
10:15 a.m. Executive session on SB 341, prohibiting digital advertising devices on certain highways.
FRIDAY, MAY 2
ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 306-308, LOB
9:00 a.m. Continued regular meeting.
MONDAY, MAY 5
DEVELOPMENTAL DISABILITY WAITLIST OVERSIGHT COMMITTEE (RSA 171-A:1-c), Room 103, State House
10:00 a.m. Regular meting.
STATE COMMITTEE ON AGING (RSA 161-F:7, I), Department of
Health and Human Services, Brown Building Room 232, 129 Pleasant Street,
10:00 a.m. Regular meeting.
TASK FORCE ON WORK AND FAMILY (HB 306, Chapter 373:2, Laws of 2007), Room 206, LOB
1:15 p.m. Regular meeting.
WELLNESS AND PRIMARY PREVENTION COUNCIL (RSA 126-M:3), Room 201, LOB
10:00 a.m. Subcommittee work session.
FRIDAY, MAY 9
COMMISSION TO STUDY CHILDHOOD LEAD POISONING PREVENTION
LAWS, POLICIES AND STANDARDS IN
9:30 a.m. Regular meeting.
GUARDIANS AD LITEM BOARD (RSA 490-C:1), Room 102, LOB
1:00 p.m. Regular meeting.
1:30 p.m. Regular meeting.
MONDAY, MAY 12
BOARD OF MANUFACTURED HOUSING (RSA 205-A:25), Room 201, LOB
1:00 p.m. Complaint hearings.
EQUALIZATION STANDARDS BOARD (RSA 21-J:14-c), Department of
Revenue Administration Training Room,
1:00 p.m. Regular meeting.
WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62), Room 307, LOB
9:00 a.m. Regular meeting.
THURSDAY, MAY 15
PUBLIC HEALTH IMPROVEMENT SERVICES COUNCIL (HB 491, Chapter
250:2, Laws of 2007), Rooms 110-112,
2:00 p.m. Regular meeting.
FRIDAY, MAY 16
ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 306-308, LOB
9:00 a.m. Regular meeting.
MONDAY, MAY 19
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c), Room 100, State House
9:00 a.m. Regular meeting.
TASK FORCE TO DEVELOP LEGISLATION FOR EXPANDING ACCESS TO AFFORDABLE HEALTH INSURANCE FOR THE 2008 AND 2009 LEGISLATIVE SESSION (HB 305, Chapter 248:1, Laws of 2007), Room 302, LOB
1:00 p.m. Regular meeting.
TUESDAY, MAY 20
CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2), Room 201, LOB
2:00 p.m. Regular meeting.
FRIDAY, MAY 23
ASSESSING STANDARDS BOARD (RSA 21-J:14-a), Department of
Revenue Administration Training Room,
9:30 a.m. Regular meeting.
official notices
County Delegation Notice
Rep. David A. Welch, Clerk
******
When the House Clerk’s Office is aware of House Members who are hospitalized or homebound by serious illness, we will publish a list of names and addresses as requested.
Rep. Peter R. Cote,
Colleagues who so desire may send cards and greetings to the address listed above.
Karen O. Wadsworth, Clerk of the House
******
REVISED FISCAL NOTES
The following House and Senate Bills have revised fiscal notes: HBs. 91, 172, 173, 185, 211, 285, 315,352, 359, 369, 399, 415, 432, 436, 502, 523, 563, 584, 594, 666, 678, 679, 690, 692, 754, 765, 766, 794, 837, 841, 877, 901, 1152, 1168, 1293, 1298, 1307, 1341, 1343, 1348, 1394, 1396, 1405, 1436, 1457, 1459, 1472, 1502, 1505, 1508, 1509, 1545, 1579, 1580, 1584, 1587, 1590, 1594, 1598, 1599, 1601, 1602, 1603, 1604, 1605, 1607, 1608, 1614, 1615, 1616, 1619, 1620, 1621, 1622, 1623, 1624, 1626, 1631, 1633, 1635, 1639, 1640, 1642, 1645, 1647, 1648, 1649, 1652. SBs 94, 146, 173, 212, 301, 303, 312, 317, 318, 321, 324, 325, 329, 331, 337, 356, 376, 378, 410, 437, 439, 490, 500, 501, 507, 508, 509, 515, 516, 522, 530.
Karen O. Wadsworth, Clerk of the House
MEMBERS’ NOTICES
The following notices are published in the House record as a courtesy to the member(s) requesting publication. These are not official public notices and will be limited to legislative policy or legislative social activities and political meetings or events. Publication should not be construed as support for either the events listed or the views espoused by the individual or organization sponsoring the event.
******
Governor Lynch has declared April
12 as New Hampshire Literacy Day.
You and your families are invited to celebrate the day from 9:00 a.m. to
12:00 noon at the
Rep. Stephen J. Shurtleff
******
The Legislative Youth Advisory Council will meet Sunday, April 13, at 3:00 p.m. at the NH
Technical Institute in
Rep. Carolyn Gargasz
******
On Monday, April 14, at 5:30 p.m. Rep. Betty Hall hosts a reception
for all House members to meet and exchange opinions with honored guests at the
Kimball House in the
Rep. Betty Hall
******
The Fourteenth Annual New Hampshire
Clothesline Project sponsored by the AmeriCorps Victim Assistance Program is
being held on Tuesday, April
15, on the State House Lawn in conjunction with
Victims Rights Day. A press conference
will begin at
Rep. Tara Reardon
******
The
The subject of the panel discussion will be "Current Issues
of the Death Penalty in
Topics that will be covered at this panel discussion include:
current capital litigation in
Rep Mary Jane Wallner
******
We will be collecting used cell phones, laptops and Ipods in the ante room during session days 4/16, 4/23, 4/30 and the first session day in May. We recycle the devices and sell the parts. The monies received are then used to buy phone cards for soldiers stationed overseas. So far we have purchased over 60,000 minutes.
Rep. Ken Hawkins
******
In honor of National Child Abuse Prevention Month, the New
Hampshire Network of Child Advocacy Centers (NHNCAC) is hosting a legislative
luncheon at the Barley House on April 16
from 12:00 Noon to 1:30 p.m. NHNCAC serves as a statewide resource and
membership organization for
Rep. Mary Stuart Gile
******
FairPoint Communications invites you to a reception to meet members of the FairPoint team at the NH Historical Society on Wednesday, April 16, from 4:30 to 6:30 p.m. – or after session.
Reps. Mary Jane Wallner and David W. Hess
******
Celebrating April as Strengthening Families Month. Please join Family Support,
Rep. Barbara French
******
There will be a meeting of the General Court Lodge (Masons) on April 17 at 6:30 p.m. at the
Rep. Kenneth L. Weyler
******
The NH Commission on the Status of Women and the NH Women’s
Policy Institute cordially invite members of the General Court to a policy
luncheon titled: Economic Security for
Older Women and the Implications for Public Policy in NH on Tuesday, April 22 at 11:30 a.m. at
Rep. A. Laurie Harding
******
Health Services invites you to attend the health fair on
Thursday, April 24 from 9:00 a.m. to
1:00 p.m. in the
Reps. Mary Jane Wallner and David W. Hess
******
The
Rep. Daniel C. Itse
******
This April, during Sexual Assault Awareness Month, the New
Hampshire Coalition Against Domestic and Sexual Violence, will launch the first
annual statewide White Ribbon Day Campaign to call upon men to stand up and
speak out about violence against women.
The international White Ribbon Campaign was launched in
Rep. Stephen J. Shurtleff
******
Annual Massage Therapy Day has been rescheduled to May 13. All members and staff are welcome to free massages from 10:00 a.m. to 2:00 p.m. in Room 209, LOB. Sponsored by the NH Chapter of the National Association of Massage Therapists.
Rep. Benjamin C. Baroody
******
All legislators and staff are invited to a lunch on May 15 for a presentation of the report
and recommendations of the New Hampshire Commission on Autism Spectrum
Disorders established by HB 396, Chapter 171, 2007. The lunch will be at
Reps. Mary Jane Wallner and David W. Hess
******
The House Republican Alliance will meet every Tuesday at 8:30 a.m. in the Upham Walker House.
Rep. David J. Bettencourt
******
The Main Street Republicans will meet every Wednesday at 8:30 a.m. at the Upham Walker House.
Rep. David H. Kidder
State House Visitation Schedule
As a convenience to the members of the NH General Court, the Visitors’ Center offers the following schedule of schools and other groups visiting the State House in April & May 2008. These listings are to ensure all members be notified in a timely manner of visitors from their district. Our schedule is tightly booked for the remainder of the school year and subject to changes. Please note that if your school is closed or has a delay, that their tour will be rescheduled. Please contact the Visitors’ Center concerning school tour booking information. Thank you for your continued participation with your School Visitation Program.
Virginia J. Drew. Director
Caitlin A. Daniuk, Public Information Administrator
|
DATE |
TIME |
GROUP |
Grade/Size |
|
Apr 14 |
10:00/11:30 SH/HM |
|
(3&4)/60 |
|
Apr 15 |
9:30/11:00 SH/HM |
|
4/90 |
|
Apr 15 |
12:30 |
St. Patrick’s School – Jaffrey |
3&4/13 |
|
Apr 15 |
1:00 |
NH Association of Volunteer Administrators |
Adult/15 |
|
Apr 16 |
9:00 |
|
4/28 |
|
Apr 16 |
10:00/11:30 SH/HM |
|
4/100 |
|
Apr 16 |
1:00 |
Scarlet Letters – |
Adult/20 |
|
Apr 17 |
9:00 |
|
Adult/12 |
|
Apr 17 |
9:30 |
|
4/45 |
|
Apr 17 |
11:00 |
|
4/50 |
|
Apr 18 |
9:30/10:30 SH/HM |
DAR |
Adult/100 |
|
Apr 18 |
1:00 |
OLLIE |
Adult/25 |
|
|
|
|
|
|
Apr 21 |
10:00/11:30 SH/HM |
|
4/60 |
|
Apr 21 |
12:00 |
|
4/40 |
|
Apr 22 |
10:00/11:30 SH/HM |
|
4/78 |
|
Apr 22 |
12:00 |
|
4/40 |
|
Apr 23 |
9:30/11:00 SH/F&G |
|
4/60 |
|
Apr 23 |
12:00 |
|
4/20 |
|
Apr 23 |
12:00 |
|
(3rd-8th)/14 |
|
Apr 24 |
10:00/11:30 SH/HM |
|
4/78 |
|
Apr 25 |
10:00 |
|
4/63 |
|
Apr 25 |
11:30 |
New |
4/39 |
|
Apr 25 |
12:30 |
|
HS/ |
|
|
|
|
|
|
Apr 28 |
8:30 |
|
(6-8)/30 |
|
Apr 29 |
9:30/11:00 SH/HM |
|
4/65 |
|
Apr 30 |
10:00 |
White Birch Community – Henniker |
Adult/30 |
|
Apr 30 |
10:00 |
|
4/50 |
|
Apr 30 |
11:00 |
|
4/50 |
|
May 1 |
9:30/11:00 SH/HM |
|
(4&6)/40 |
|
May 1 |
11:30/1:00 SH/HM |
|
4/60 |
|
May 2 |
9:30/11:00 SH/SC |
|
4/50 |
|
May 2 |
10:30/12:00 SH/HM |
|
4/64 |
|
|
|
|
|
|
May 5 |
9:00 |
St. Anthony’s School – |
4/50 |
|
May 5 |
10:15/11:30 SH/SC |
|
4/80 |
|
May 6 |
9:00 |
|
HS/50 |
|
May 6 |
10:00/11:30 SH/HM |
|
4/80 |
|
May 6 |
12:00 |
|
7/49 |
|
May 7 |
9:30 |
|
4/38 |
|
May 7 |
11:00 |
|
4/31 |
|
May 8 |
8:45 |
|
4/31 |
|
May 8 |
10:00/11:30 SH/HM |
|
4/67 |
|
May 9 |
8:45 |
New |
4/16 |
|
May 9 |
10:00 |
|
4/14 |
|
May 9 |
10:00 |
|
4/25 |
|
May 9 |
11:30 |
|
4/33 |
|
May 9 |
1:00 |
|
(3&4)/20 |
|
|
|
|
|
|
May 12 |
9:45 |
Dr. Louis Soule School – |
4/56 |
|
May 12 |
10:30/12:30 SH/Planet |
|
4/66 |
|
May 13 |
8:45 |
|
4/20 |
|
May 13 |
9:30/11:00 SH/HM |
|
4/70 |
|
May 14 |
10:00/11:30 SH/HM |
|
4/80 |
|
May 15 |
9:15 |
|
4/15 |
|
May 15 |
10:30/12:00 SH/HM |
|
4/88 |
|
May 16 |
9:00/10:30 SH/HM |
|
4/80 |
|
May 16 |
1:00 |
|
4/25 |
|
|
|
|
|
|
May 19 |
9:45 |
|
4/20 |
|
May 19 |
11:00 |
|
(3&4)/15 |
|
May 19 |
12:30 |
|
4/29 |
|
May 19 |
2:00 |
NARFE |
Adult/25 |
|
May 20 |
9:30/11:00 SH/HM |
|
4/105 |
|
May 20 |
12:30 |
|
4/12 |
|
May 21 |
10:00 |
|
4/33 |
|
May 21 |
11:00 |
Young Professionals Association – |
Adults/15 |
|
May 21 |
12:00 |
Presentation of |
4/36 |
|
May 22 |
10:30 |
|
4/20 |
|
May 22 |
10:30 |
|
4/7 |
|
May 22 |
11:30/1:00 SH/HM |
DJ |
4/80 |
|
May 22 |
1:00 |
Seminarians |
Adult/25 |
|
May 23 |
10:00 |
|
4/40 |
|
May 23 |
11:30 |
|
4/40 |
|
May 23 |
1:00 |
|
4/32 |
|
|
|
|
|
|
May 27 |
10:00 |
St. Mary’s School – |
4/11 |
|
May 27 |
10:00/11:30 SH/HM |
|
4/56 |
|
May 28 |
10:30 |
|
6/9 |
|
May 28 |
10:30 |
|
4/11 |
|
May 28 |
12:00 |
St. Elizabeth of |
4/25 |
|
May 29 |
10:30/12:00 SH/HM |
|
4/75 |
|
May 30 |
10:00 |
|
4/40 |
|
May 30 |
11:15 |
|
4/46 |
WEDNESDAY, APRIL 16
AMENDMENTS
(LISTED IN NUMERICAL ORDER)
2008-0177h
Amendment to HR 21
Proposed by the Committee on State-Federal
Relations and Veterans Affairs – R
Amend the title of the resolution by replacing it with the following:
A RESOLUTION urging Congress to oppose any attempt to remove the phrases “In God We Trust” and “E Pluribus Unum” from United States currency and coinage.
Amend the resolution by replacing all after the title with the following:
Whereas, “In God We Trust” has appeared on federal currency since the time of the Civil War; and
Whereas, by act of Congress in 1908 it became mandatory for “In God We Trust” to appear on certain currency minted by the United States Treasury; and
Whereas, “In God We Trust” was adopted as the national motto of
the
Whereas, in 1970, the United States Court of Appeals for the Ninth Circuit ruled that the national motto was of a “patriotic or ceremonial character;” and
Whereas,
the motto “E Pluribus Unum” has been used on federal currency since 1795; and
Whereas, the motto “E Pluribus Unum” means “Out of Many One” and appears on the Great Seal of the United States; and
Whereas, in 2007, the United States Mint placed into circulation the Thomas Jefferson $1 coins; and
Whereas, these $1 coins display “In God We Trust” and “E Pluribus Unum” in small print on the side edge of the coin; now, therefore, be it
Resolved by the House of Representatives:
That the New Hampshire house of representatives opposes the production and distribution of United States of America currency that does not clearly display the phrases “In God We Trust” and “E Pluribus Unum” in a manner equal to or greater than its display on past minted currency; and
That the New Hampshire house of representatives urges Congress to take action to preserve the display of the phrases “In God We trust” and “E Pluribus Unum” in a manner equal to or greater than its display on past minted currency; and
That copies of this resolution, signed by the speaker of the
house of representatives, be forwarded by the house clerk to the United States
Secretary of the Treasury and to each member of the
AMENDED ANALYSIS
This bill urges Congress to oppose any attempt to remove the
phrases “In God We Trust” and “E Pluribus Unum” from
2007-1047h
Floor Amendment to HR 24
Proposed by Rep. Baldasaro
Amend the title of the resolution by replacing it with the following:
A RESOLUTION petitioning Congress to commence impeachment and expulsion procedures.
Amend the resolution by inserting after the title the following new paragraphs:
Whereas, Congresswoman Carol Shea-Porter has failed to do her job for her democratic constituents by not filing a bill of impeachment against President George W. Bush, which caused special interest groups to waste the people’s time in New Hampshire to send a house resolution to all of the state’s Congress members to start a impeachment process; and
Whereas, on January 5, 2007, elected Congresswoman Carol Shea-Porter solicited Senator Biden for a “big fat donation” to her re-election campaign from her office in Washington, which is against the law; and
Whereas, Congresswoman Carol Shea-Porter put out 2 flyers using taxpayers’ money, spending over $140.000, that are borderline campaign literature; and
Whereas, on February 16, 2007, Congresswoman Carol Shea-Porter posted campaign information on her congressional web site, which is paid for by the tax payers and is illegal; and
Whereas, on May 1, 2007, Congresswoman Carol Shea-Porter’s congressional office paid $5,000 of taxpayers’ money to the New Hampshire Democratic State Committee. (Second Quarter Statement of Disbursements of the House, 110th Congress, 1st Session) According to the New Hampshire Democratic Party’s FEC Filing, Shea-Porter’s payment was for “access to the voter file maintained by the New Hampshire Democratic State Committee.” She used tax payers money to purchase the list; and
Whereas, Congresswoman Carol Shea-Porter has consistently voted contrary to the interests of her constituents, to wit:
1. On January 5, 2007, Congresswoman Carol Shea-Porter voted against providing affordable health care to uninsured working families. (House Roll Call 10);
2. On January 17, 2007, Congresswoman Carol Shea-Porter voted to allow convicted felons to receive student loan benefits. (House Roll Call 29). She also voted against increasing college access and affordability for middle- to low-income students, against providing greater resources for Pell Grants, and against deficit reduction on behalf of taxpayers. (House Roll Call 31);
3. On January 18, 2007,
Congresswoman Carol Shea-Porter voted for $6.5 billion in new taxes on American
energy producers, voted for higher energy prices for American consumers voted
to stifle domestic energy production, and voted to increase
4. On March 23, 2007, Congresswoman Carol Shea-Porter voted for the Pelosi-Murtha “slow bleed” strategy to choke-off funding for American troops in harm’s way (House Roll Call 186), and Shea-Porter and her Democrat leadership in Washington left town on Veterans Day weekend without passing a vital veterans’ housing, healthcare and benefits bill;
5. On April 9, 2007, Congresswoman Carol Shea-Porter had a press conference on how she passed the biggest budget in support of our troops but failed to explain that the bill she voted for had $20 million worth of pork spending and the bill had provisions in section 19.01 which prevents the president to employ Troops to assist, if our troops are pinned down;
6. On April 18, 2007, Congresswoman Carol Shea-Porter voted against a measure that would have eliminated taxpayer-funded small business grants for convicted felons including sex offenders, kidnappers, and others. (House Roll Call 224);
7. On June 27, 2007, Congresswoman Carol Shea-Porter voted against a measure which would have required that all energy bills be certified to prevent higher energy prices for consumers. Shea-Porter also voted to allow for a reduction of domestic energy supplies and an increase in foreign energy dependence. (House Roll Call 578);
8. On July 12, 2007, Congresswoman Carol Shea-Porter made her allegiance to protecting illegal immigrants abundantly clear: Shea-Porter voted not once, not just twice, but 3 times to make it easier for illegal immigrants to receive federal housing assistance, instead of ensuring that the funds go to the low-income Americans. (House Roll Call 628, 814 and 875);
9. On July 24, 2007,
Congresswoman Carol Shea-Porter voted yet again in lockstep with the Democrat
Party leadership to block a motion aimed at protecting housing for
10. On July 19, 2007, Congresswoman Carol Shea-Porter failed to protect children in school when she voted against a motion which would have provided funding for schools to cover the fees to do background checks on teachers across the country. (House Roll Call 685);
11. On August 1, 2007, Congresswoman Carol Shea-Porter voted to give federal handouts to illegal immigrants by voting to gut the requirements in the State Children’s Health Insurance Program law, which requires states to verify citizenship before providing health benefits. (House Roll Call 787);
12. On November 1, 2007,
Congresswoman Carol Shea-Porter cast a vote which would not only cripple the
American mining industry, but also send American jobs overseas, increase
13. On August 2, 2007, Congresswoman Carol Shea-Porter put partisan politics above the needs of troops and commanders on the ground by voting for a Democrat-sponsored bill mandating extension of troop deployments overseas. (House Roll Call 795);
14. On October 25, 2007, Congresswoman Carol Shea-Porter issued a news release shortly after the vote, saying she “pledged to provide health care to 10 million low-income kids, and even if the President vetoes this bill, we will continue to fight for health care for uninsured children” but she was not even there for the vote;
15. On November 15,
2007, Congresswoman Carol Shea-Porter voted to adjourn the United States
House of Representatives for a 2-week Thanksgiving recess, blatantly neglecting
to pass a critical housing, health care, and benefits bill for our nation’s
veterans and troops returning from
16. On December 6, 2007,
Congresswoman Carol Shea-Porter voted in lockstep with her
17. On December 19, 2007, Congresswoman Carol Shea-Porter and the Democrats broke their “PAYGO” promise by voting to violate PAYGO rules in order to pass a patch for the Alternative Minimum Tax (AMT) that is already so delayed that it will cost over 20 million Americans significant delays in receiving their IRS refunds this year. (House Roll Call 1183); and
Amend the resolution by inserting after the fifth paragraph after the resolving clause the following new paragraph:
That the House of Representatives of the State of New Hampshire hereby submits that the actions and admissions of Congresswoman Carol Shea-Porter constitute ample grounds for her expulsion from the United States Congress and hereby urges Congress to commence expulsion proceedings against Congresswoman Carol Shea-Porter; and
AMENDED ANALYSIS
This resolution petitions Congress to commence impeachment procedures against President Bush and Vice President Cheney and expulsion proceedings against Congresswoman Carol Shea-Porter.
2008-1295h
Floor Amendment to HR 24
Proposed by Rep. Hall
Amend the resolution by replacing the fifth and sixth paragraphs after the resolving clause with the following:
That the United State House of Representatives is hereby requested to commence proper proceedings for the investigation of the activities of President George W. Bush and Vice President Richard Cheney, to the end that they may be impeached and removed from such office; and
That a copy of this resolution be forwarded by the house clerk to the New Hampshire secretary of state so that he may sign the resolution and forward it to the Speaker of the United States House of Representatives and send copies of the signed resolution to each member of the United States Senate and House of Representatives.
2008-1058h
Floor Amendment to HR 25
Proposed by Reps. Baldasaro, Howard,
Renzullo and Scannell
Amend the resolution by replacing all after the resolving clause with the following:
That the House of Representatives of the state of New Hampshire requests that the Administration immediately and fully comply with the provisions of the Secure Fence Act of 2006, Public Law 109-367, and that the Congress of the United States provide sufficient funding to allow complete compliance with the legislation and completion of the 700 mile fence; and
That copies of this resolution be sent by the house clerk to
the President of the
2008-1076h
Floor Amendment to HR 25
Proposed by Reps. Baldasaro, Howard,
Renzullo and Scannell
Amend the resolution by replacing all after the title with the following:
Whereas, the Secure Fence Act of 2006 received strong bipartition support in the United States House of Representatives and United States Senate; and
Whereas, the Secure Fence Act of 2006 would establish
operational control over the international lands and maritime borders of the
Whereas, operational control means the prevention of all unlawful entries into the United States, including entries by terrorists, unlawful aliens, instruments of terrorism, narcotics, counterfeit goods, and other contraband; and
Whereas, the Secure Fence Act of 2006 required that the Department of Homeland Security develop a systematic surveillance of the international land and maritime borders of the United States through more effective use of personnel and technology, such as unmanned aerial vehicles, ground-based sensors, satellites, radar coverage, Wi-Fi transmitters, and cameras; and
Whereas, the Secure Fence Act of 2006 requires the Department of Homeland Security develop physical infrastructure enhancements to prevent unlawful entry into the United States and facilitate access to the international land and maritime borders by United States Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers; and
Whereas, the Secure Fence Act of 2006 requires the Secretary of Homeland Security to conduct a study on the feasibility of a state of-the-art infrastructure security system along the northern international land and maritime border of the United States; and
Whereas, the Secure Fence Act of 2006 requires the Secretary of the Department of Homeland Security to evaluate the authority of United States Coast Guard to stop vehicles, boats, and ships that enter the United States illegally and refuse to stop when ordered; and
Whereas, the Secure Fence Act of 2006 is part of comprehensive immigration reform and national security enhancements; now, therefore, be it
Resolved by the House of Representatives:
That the House of Representatives of the state of New Hampshire requests that the Administration immediately and fully comply with the provisions of the Secure Fence Act of 2006, Public Law 109-367, and that the United States Congress provide sufficient funding to allow complete compliance with the legislation; and
That copies of this resolution be sent by the house clerk to
the President of the
2008-1170h
Amendment to SB 90-FN
Proposed by the Committee on Criminal
Justice and Public Safety - C
Amend RSA 104:28-a as inserted by section 1 of the bill by replacing it with the following:
104:28-a False
Personation. [A person is guilty of a
misdemeanor if, not being a] Any
person who knowingly and falsely assumes or exercises the functions, powers,
duties, or privileges incident to the office of sheriff, deputy
sheriff, state police officer, police officer of any city or town, or any other
law enforcement officer or investigator employed by any state, country or
political subdivision of a state or country, [he purposely pretends to be or
assumes to act as such law enforcement officer or investigator, or if he
purposely requests any other person to assist him in any matter belonging to
the duty of such law enforcement officer or investigator] or
who wears or displays without authority any uniform, badge, or other
identification by which such sheriff, officer, or investigator is lawfully
identified, and with the intent to be recognized as such, shall be guilty of a
class B felony.
2008-1266h
Amendment to SB 212-FN
Proposed by the Committee on Executive
Departments and Administration - R
Amend RSA 310-A:182 as inserted by section 1 of the bill by replacing it with the following:
310-A:182 Purpose; Scope of Practice.
I. The purpose of this subdivision is to assure that a home inspector performs professional services only when the home inspector is qualified by education and training in the specific technical areas involved.
II. The scope of practice of home inspectors shall consist of knowledge and skill in the following areas of residential construction: heating systems, cooling systems, plumbing systems, electrical systems, structural components, foundations, roofs, exterior and interior components, and site aspects as they affect buildings.
Amend RSA 310-186 as inserted by section 1 of the bill by replacing it with the following:
310-A:186 Board of Home Inspectors.
I. A board of home inspectors is established to administer the provisions of this subdivision. The board shall consist of 7 persons as follows:
(a) Five
members shall be home inspectors, appointed by the governor and council. Each home inspector member shall hold a
current and valid
(b) Two shall be public members, each to be appointed by the governor and council. Each public member of the board shall be a person who is not, and never was, a home inspector or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of home inspector services or an activity directly related to the home inspection trade. In addition, the public members shall not have held a real estate broker or salesperson license or represented the board or the trade for a fee at any time during the 5 years preceding appointment.
II. Initial home
inspector appointees to the board shall not be required to hold a current and
valid
III. Each member
of the board shall be a citizen of the
IV. Members shall be appointed for 2-year terms. Appointments for terms of less than 2 years may be made in order to stagger the appointments. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds ½ of the 2-year term shall be deemed a full term. Upon expiration of a member’s term, the member shall serve until a successor is qualified and appointed. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.
V. Members of the board shall receive $25 for each day actually engaged in the duties of their office and shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this subdivision.
VI. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. Four members shall constitute a quorum.
VII.(a) The board shall keep a record of its proceedings and a register of all applications for licensure, which shall show:
(1) The name, age, and residence of each applicant.
(2) The date of application.
(3) The place of business of such applicant.
(4) The applicant’s educational and other qualifications.
(5) Proof of passing home inspection exam.
(6) Whether the applicant was rejected and the reasons for such rejection.
(7) Whether a license was granted.
(8) The date of the action of the board.
(9) Such other information as may be deemed necessary by the board.
(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced. Biennially, as of December 31, the board shall submit to the governor a report of the transactions of the preceding biennium, and a complete statement of the receipts and expenditures of the board.
VIII. The secretary of the board shall publish a roster listing the names and addresses of all home inspectors licensed under this subdivision by the board during February of each even-numbered year. Copies of this roster shall be sent to each person so licensed, placed on file with the secretary of state, and furnished to the public upon request at a fee to be established by the board. The board may include in such roster any other information it deems appropriate.
IX. The board, its members, and its agents shall be immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorneys' fees arising from claims and suits against them with respect to matters to which such immunity applies.
Amend RSA 310-A:187, I(i) as inserted by section 1 of the bill by replacing it with the following:
(i) How an applicant shall be examined, including the time, place, type, and form of the examination.
(j) The design of an official seal.
(k) The establishment of administrative fines which may be levied in the administration of this subdivision.
Amend RSA 310-A:187, II as inserted by section 1 of the bill by replacing it with the following:
II. The board shall adopt one eligibility examination required for licensure that is an independent nationally recognized protocol examination.
Amend RSA 310-A:190 as inserted by section 1 of the bill by replacing it with the following:
310-A:190 Eligibility Requirements For Licensure As A Home Inspector.
I. Each applicant for licensure as a home inspector shall meet the following minimum requirements:
(a) Completion of no less than 80 hours of board-approved education covering all of the following core components of a residential building of 4 units or less:
(1) Heating system.
(2) Cooling system.
(3) Plumbing system.
(4) Electrical system.
(5) Structural components.
(6) Foundation.
(7) Roof covering.
(8) Exterior and interior components.
(9) Site aspects as they affect the building.
(b) Have successfully completed high school or its equivalent.
(c) Proof of passing the board adopted examination required for licensure.
(d) Be at least 18 years of age.
(e) Submit
to the board a notarized criminal history records release form as provided by
the
II. A person who is a resident of this state and who was actively engaged in the business of home inspection in this state as a means of his or her livelihood for at least 12 months preceding the effective date of this subdivision shall be eligible for licensure by the board without completion of the requirements of subparagraph I(a). An applicant under this paragraph shall be issued a license by providing evidence satisfactory to the board of the knowledge and experience equivalent to the requirements of this subdivision, meeting the requirements of subparagraphs I(b) through (e), paying an initial fee, and fulfilling all other license application requirements.
III. The board shall approve all education programs under subparagraph I(a) of organizations or education institutions providing acceptable education and training.
IV. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by:
(a) Conviction for commission of a felony;
(b) Misstatement of facts by the applicant in connection with the application;
(c) Violation of any of the standards of practice or code of ethics as they are set forth in this subdivision or in rules adopted by the board; or
(d) Practicing home inspections without being licensed in violation of laws of the jurisdiction in which the practice took place.
Amend RSA 310-A:191, II as inserted by section 1 of the bill by replacing it with the following:
II. Applicants shall include the following:
(a) Proof of required education.
(b) Proof of passing the eligibility testing requirements.
(c) Payment of applicable fees.
(d) Proof of liability insurance.
(e) Any other attachments as required by board.
Amend RSA 310-A:192 as inserted by section 1 of the bill by replacing it with the following:
310-A:192 Continuing Education. Evidence satisfactory to the board of the completion in each 2-year renewal period of a minimum of 20 hours of continuing education shall be required for license renewal, provided that one hour of the 20 required hours shall be from a board approved course on appropriate building regulations including any recent revisions to regulations. The board shall approve educational courses and activities that would further the professional competence of licensees. The continuing education credits shall be determined on the basis of one credit for each contact hour of course instruction or professional development activity actually attended by a licensee.
Amend RSA 310-A:195, I and II as inserted by section 1 of the bill by replacing them with the following:
I. The board shall send by mail or otherwise notification of the impending license expiration to each licensee at least one month prior to the expiration of the license, along with a request for payment of a renewal fee. Licensees in good standing may renew their licenses by paying the renewal fee prior to the expiration date of the license, and by presenting evidence satisfactory to the board of completion of the continuing education requirements. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause.
II. All licenses issued by the board shall expire on the last day of the licensee's month of birth in the second year following the year of issuance, or upon such other biennial date as the board may adopt. If the renewal fee is not submitted within 12 months after the expiration date, the licensee's name shall be removed from current status, and application for reinstatement shall be required to return to current status. The board shall charge a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the' renewal fee. Any renewal application received 12 months after the expiration date shall be rejected, unless accompanied by proof of successful completion of the examination required by the board. A licensed home inspector shall complete at least 20 hours of board approved continuing education during each license period in order to maintain his or her license. If a licensee fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the licensee shall be required to reapply and to be re-examined for licensure.
2008-1277h
Amendment to SB 310
Proposed by the Committee on Executive
Departments and Administration - R
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; License Applications. Amend RSA 287-D:2-a by inserting after paragraph IX the following new paragraph:
X. At least 45 days prior to each game date, the charitable organization shall submit the date and location of the game of chance, if this information has not already been submitted to the pari-mutuel commission pursuant to subparagraph II(a).
2 Operation of Games of Chance. Amend RSA 287-D:2-b, III-IV to read as follows:
III. No one under
the age of 18 years shall be admitted to the premises on which games of chance
are being conducted, except when the games are being conducted at a
carnival. Proof of age shall be produced
upon request of the [lottery] pari-mutuel commission. When games of chance are conducted at a
carnival, persons under the age of 18 years may be admitted to the premises on
which the games are being conducted when accompanied and supervised by a parent
or legal guardian; but persons under the age of 18 shall not be permitted to
play games of chance at a carnival.
IV. No games of chance shall be conducted prior to 11:00 a.m. on a weekday or Saturday, prior to noon on a Sunday, or after 1:00 a.m. on any day.
3 Licensing of Game Operators. RSA 287-D:2-c, V is repealed and reenacted to read as follows:
V. The game operator or the game operators employer shall submit a bond for each location where the game operator is conducting games of chance, conditioned upon the game operator running games of chance in conformity with this chapter and with the rules and regulations prescribed by the pari-mutuel commission, in the amount of up to $300,000 to the pari-mutuel commission with the application form.
4 New Paragraph; Licensing of Game Operators. Amend RSA 297-D:2-c by inserting after paragraph V the following new paragraph:
VI. In addition to the charitable organization, game operators who operate games of chance on behalf of a charitable organization shall also be held responsible for all requirements that the charitable organization is responsible for when they operate the games of chance themselves.
5 New Paragraphs; Penalties. Amend RSA 287-D:6 by inserting after paragraph III the following new paragraphs:
IV. The pari-mutuel commission may issue an order requiring any person or organization to comply with this subdivision or any rule adopted hereunder, and may require such remedial measures as may be necessary.
V. The pari-mutuel commission may impose an administrative fine scaled to reflect the violators prior history and the scope and severity of the violation, after notice and hearing, pursuant to rules adopted under RSA 541-A, for any violation of this subdivision, any rule adopted under this subdivision, any license issued pursuant to this chapter, or any order issued pursuant to this subdivision, or upon any person who makes or certifies to a material false statement relative to any application or report required by this subdivision. Any administrative fine imposed under this paragraph shall not preclude the imposition of other penalties under this chapter. Rehearings and appeals from a decision of the commission under this paragraph shall be in accordance with RSA 541. Fines imposed by the pari-mutuel commission shall be decided based on the following determinations by the commission:
(a) For a minor deviation from a requirement, the fine shall be not less than $25 and not more than $1,500 per violation.
(b) For a moderate deviation from a requirement, the fine shall be not less than $100 and not more than $2,500 per violation.
(c) For a major deviation from a requirement, the fine shall be not less than $250 and not more than $5,000 per violation.
(d) For repeat violations, the pari-mutuel commission may assess an additional fine.
VI. All fines imposed by the pari-mutuel commission shall be deposited in the fund established pursuant to RSA 284:21-j.
6 New Paragraph; Game Operator; Definition. Amend RSA 287-D:1 by inserting after paragraph IV the following new paragraph:
V. “Game operator” means:
(a) “Primary game operator” which means any consultant or any person other than a bona fide member of the charitable organization, involved in conducting, managing, supervising, directing, or running the games of chance; or
(b) “Secondary game operator” which means any person other than a bona fide member of the charitable organization, involved in dealing, running a roulette wheel, or handling chips.
7 License Fees and Specifications. RSA 287-D:2-d, III is repealed and reenacted to read as follows:
III. An applicant for a game operator license under RSA 287-D:2-c shall apply to the pari-mutuel commission, and if the applicant meets all other requirements of this chapter and pays the fee established by the pari-mutuel commission in rules adopted pursuant to RSA 541-A, a license shall be issued. A license issued under RSA 287-D:2-c shall expire on December 31. The pari-mutuel commission shall notify the attorney general and police chief of any city or town where games of chance are held of any applications approved. RSA 7:28-c shall not apply to game operator licensees subject to this chapter.
8 New Paragraphs; Rulemaking; Game Operator Fees. Amend RSA 287-D:1-b by inserting after paragraph XII the following new paragraphs:
XII-a. Game operator fees pursuant to RSA 287-D:2-d, III.
XII-b. Administrative orders and fines pursuant to RSA 287-D:6.
9 Pari-Mutuel Commission; Position Established. The following position is hereby established in the pari-mutuel commission. This position and costs associated with this position, including current expense, equipment, in-state travel, and out-of-state travel, shall be funded from fees collected pursuant to RSA 287-D:2-d, III:
One internal auditor III, labor grade 23.
10 Repeal. The following are repealed:
I. RSA 287-D:2-b, XIII, relative to submission of information to the pari-mutuel commission.
II. RSA 287-D:2-c, I, definition of game operator.
III. RSA 287-D:2-d, IV, relative to authorization of specific games.
IV. RSA 284:23, V, relative to tax rates for
11 Effective Date. This act shall take effect July 1, 2008.
AMENDED ANALYSIS
I. Makes certain changes to the application and licensing process for game operators.
II. Creates new penalties for deviations from the pari-mutuel commission’s requirements.
III. Establishes the position of internal auditor III in the pari-mutuel commission.
IV. Gives rulemaking authority to the pari-mutuel commission regarding game operator fees and administrative orders and fines.
2008-1191h
Amendment to SB 317-FN
Proposed by the Committee on Executive
Departments and Administration - R
Amend the bill by replacing section 3 with the following:
3 Reference Corrected. Amend RSA 78:6 to read as follows:
78:6 Suspension and
Revocation of License by Commissioner.
The commissioner may adopt rules pursuant to RSA 541-A relative to [accomplishing
the purpose of RSA 78] establishing procedures and criteria for
tobacco license applications, tobacco enforcement penalties, and tobacco
hearings for new licenses and renewals of licenses. The commissioner may suspend or revoke any license issued under RSA 78:2 for failure to
comply with the provisions of this chapter and with any rules which the
commissioner may adopt. The commissioner
shall suspend or revoke any license issued under RSA 78:2 if ordered to do so
pursuant to RSA [126-I] 126-K.
2008-1248h
Amendment to SB 324-FN
Proposed by the Committee on Health, Human Services and Elderly Affairs - C
Amend the title of the bill by replacing it with the following:
AN ACT relative to substance abuse services within the department of health and human services.
Amend the bill by replacing section 1 with the following:
1 Statement of Intent; Study Required. The general court recognizes that substance abuse is a major contributor to many health problems, requiring a comprehensive, integrated approach to policy and services. Therefore, the general court hereby directs the commissioner of the department of health and human services to study the most effective organization of units within the department that are involved with substance abuse and make a report relative to the results of such study to the oversight committee on health and human services, established in RSA 126-A:13, on or before September 1, 2008.
Amend the bill by replacing section 4 with the following:
4 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill requires the commissioner of the department of health and human services to study the most effective organization of units within the department of health and human services that are involved with substance abuse and to make a report of the results to the oversight committee on health and human services. This bill also clarifies the meetings and the content of the annual report required of the governor’s commission on alcohol and drug abuse prevention, intervention, and treatment.
2008-1249h
Amendment to SB 327-FN
Proposed by the Committee on Executive
Departments and Administration - C
Amend RSA 21-I:43-a as inserted by section 1 of the bill by replacing it with the following:
21-I:43-a Compensation for State Employees Injured in Line of Duty. Any injury received by any state employee who is injured in the line of duty by a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature that requires the employee to be hospitalized or renders the employee temporarily unable to perform the duties of his or her position shall not be charged against annual leave or sick leave for the time lost due to the injury. During such time, the employee shall remain on the active payroll. In this event, no employee shall be terminated from state service until he or she has applied for disability retirement and a final decision on the application is made by the board of trustees of the New Hampshire retirement system and appeals of such decision, if any, are finalized; provided, that the employee shall make such application within 18 months of the injury contemplated by this section. The executive head of the employee’s agency shall make the determination as to whether an injury is in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature, and, after approval by the governor and council, the determination shall be final. The compensation provided for in this section shall be in addition to any other compensation or remedy available to the employee, including workers’ compensation.
2008-1286h
Amendment to SB 332-FN
Proposed by the Committee on Health, Human Services and Elderly Affairs - R
Amend the title of the bill by replacing it with the following:
AN ACT prohibiting the disposal of human remains through a reductive process utilizing alkaline hydrolysis in New Hampshire and establishing a committee to examine the practice of resomation.
Amend the bill by replacing all after the enacting clause with the following:
1 Disposal of Human Remains Through a Reductive Process Utilizing Alkaline Hydrolysis Prohibited. RSA 325-A:30, II is repealed and reenacted to read as follows:
II. The disposal of human remains through a reductive process utilizing alkaline hydrolysis is prohibited.
2 Committee Established. There is established a committee to study the disposal of human remains through a reductive process utilizing alkaline hydrolysis otherwise known as resomation of human remains.
3 Membership