October 4, 2000
No. 51
STATE OF NEW HAMPSHIRE
Legislative
SENATE CALENDAR
MEETINGS & NOTICES
MEETINGS
THURSDAY, OCTOBER 5, 2000
AFFORDABLE HOUSING FUNDING
(HB 1199, Chapter 74, Laws of 2000) Room 205, LOB10:00 a.m. Regular Meeting
COMMITTEE TO ADDRESS MECHANISMS FOR THE PRESERVATION OR DISPOSAL OF STATE RECORDS (HB 1404, Chapter 138, 2000) Room 307, LOB
10:00 a.m. Regular Meeting
RIGHT TO KNOW LAW CHANGING METHODOLOGY OF COMMUNICATIONS (HB 1435, Chapter 60, Laws of 2000) Room 301, LOB
10:00 a.m. Regular Meeting
SELF-INSURING STATE EMPLOYEES (HB 1282, Chapter 92, Laws of 2000) Room 212, LOB
10:00 a.m. Regular Meeting
NEW HAMPSHIRE STATE PORT AUTHORITY (HB 1559,Chapter 153, Laws of 2000) Room 201, LOB
10:00 a.m.-12:00 p.m. Regular Meeting
KEROSENE, GASOLINE, DIESEL & HOME HEATING FUEL PRICES STUDY (HB 1318, Chapter 58, Laws of 2000) Room 304, LOB
11:00 a.m. Regular Meeting
NH DEPARTMENT OF TRANSPORTATION (Candia 13310 NH Route 27/NH Route 43) Candia Town Office, 74 High Street, Candia, NH
7:00 p.m. Public Hearing Commission
FRIDAY, OCTOBER 6, 2000
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Rooms 305-307, LOB9:00 a.m. Special Meeting
OSTEOPOROSIS ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB
9:00-11:00 a.m. Regular Meeting
MONDAY, OCTOBER 9, 2000
·
PLEASE NOTE THE FOLLOWING MEETING HAS BEEN CANCELLED AND RESCHEDULED FOR OCTOBER 16THCOMMITTEE TO STUDY AND IDENTIFY THE DUTIES OF THE FISH AND GAME COMMISSION
(SB 356, Chapter 30:1, Laws of 2000) Room 102, LOBCancelled Regular Meeting
TUESDAY, OCTOBER 10, 2000
COMMITTEE TO STUDY PRESCRIPTION DRUG ACCESS
(SB 367, Chapter 208:2, Laws of 2000) Room 205, LOB10:00 a.m. Regular Meeting
LEGISLATOR ORIENTATION (RSA 17-C:2), Room 103, SH
11:00 a.m. Regular Meeting
DRIVING UNDER THE INFLUENCE (HB 84, Chapter 334, Laws of 1999) Room 307, LOB
1:30 p.m. Regular Meeting
NH DEPARTMENT OF TRANSPORTATION (Newfields 12466 NH 85 Bridge over the B&M Railroad and associated roadway approach word) Newfields Town Hall, 65 Main Street, Newfields, NH
7:00 p.m. Public Informational
WEDNESDAY, OCTOBER 11, 2000
FISCAL COMMITTEE OF GENERAL COURT
Rooms 210-211, LOB9:00 a.m. Regular Business
9:30 a.m. Audits: State of New Hampshire Department of Safety Revenues Collected by the Division of Motor Vehicles Financial and Compliance Audit Report For the Year Ended June 30, 1999
State of New Hampshire treasury Department Abandoned Property Division Financial and Compliance Audit Report For the Year Ended June 30, 1999
PRIORITY & FUNDING OF TRANSPORTATION 10 –YEAR PLAN PROJECTS (HB 2000, Chapter 45, Laws of 2000) Room 201, LOB
9:30 a.m. Regular Meeting
GAS UTILITY RESTRICTING OVERSIGHT (RSA 374:60) Room 304, LOB
10:00 a.m. Regular Meeting
INVOLUNTARY EMERGENCY ADMISSION HEARINGS UNDER RSA 135-C (HB 1139, Chapter 221, Laws of 2000) Room 303, LOB
10:00 a.m. Regular Meeting
NEW HAMPSHIRE TASK FORCE ON DEAFNESS AND HEARING LOSS (HB 1602, Chapter 234, Laws of 2000) Room 306, LOB
10:00 a.m. Regular Meeting
WELLNESS & PRIMARY PREVENTION COUNCIL (RSA 126-M:3) Room 205, LOB
10:00 a.m. Regular Meeting
COMMITTEE TO STUDY THE UPGRADE OF ROUTES 11 AND 140 (HB 541, Chapter 145, Laws of 1999) Room 201, LOB
1:00 p.m. Regular Meeting
MENTAL HEALTH CARE TREATMENT UNDER MANAGED CARE (HB 1134, Chapter 39:1, Laws of 2000) Room 302, LOB
1:00 p.m. Regular Meeting
TOBACCO USE ADVISORY (RSA 126-K:19) Room 307, LOB
3:00 - 5:00 p.m. Regular Meeting
NH DEPARTMENT OF TRANSPORTATION (Warren-Wentworth 11847 replacement of the NH 25 bridge over the Baker River in the Town Warren) Wentworth Elementary, Route 25, Wentworth, NH
7:00 p.m. Public Informational
THURSDAY, OCTOBER 12, 2000
NON-CONVENTIONAL VETERINARY PROCEDURES FOR DOMESTIC ANIMALS
(HB 1483, Chapter 139, Laws of 2000) Room 201, LOB9:30 p.m. Regular Meeting
CONDOMINIUM ACT ASPECTS ESTABLISHED UNDER RSA 356-B (HB 1457, Chapter 186, Laws of 2000) Room 304, LOB
10:00 a.m. Regular Meeting
SELF-INSURING STATE EMPLOYEES (HB 1282, Chapter 92, Laws of 2000) Room 212, LOB
10:00 a.m. Regular Meeting
REDUCING NUMBER OF PERSONS WITH DEVELOPMENTAL DISABILITIES OR BRAIN INJURIES NOT RECEIVING MEDICAID SERVICES (HB 1607, Chapter 205, Laws of 2000) Room 303, LOB
10:00 a.m. Regular Meeting
·
PLEASE NOTE THE FOLLOWING MEETING HAS A TIME CHANGE FROM 3:00 P.M. TO 2:00 P.M.NEW HAMPSHIRE LAND AND COMMUNITY HERITAGE BOARD OF DIRECTORS
(RSA 227-M:4) Room 305, LOB2:00 - 5:00 p.m. Regular Meeting
NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10818-C Widening of I-93/1293/NH 101 split in Manchester) Fisk School, 14 Main Street, Salem , NH
6:00 p.m. Advisory Task Force
FRIDAY, OCTOBER 13, 2000
ADEQUATE EDUCATION AND EDUCATION FINANCING
(RSA 198:49, I) Rooms 201-211, LOB9:30 a.m. Regular Meeting
MONDAY, OCTOBER 16, 2000
STATE AERONAUTICS LAWS REVISIONS
(HB 1161, Chapter 105, Laws of 2000) Room 307, LOB9:30 a.m. Regular Meeting
·
PLEASE NOTE THE FOLLOWING MEETING HAS BEEN RESCHEDULED FROM OCTOBER 9TH.COMMITTEE TO STUDY AND IDENTIFY THE DUTIES OF THE FISH AND GAME COMMISSION
(SB 356, Chapter 30:1, Laws of 2000) Room 102, LOB10:00 a.m. Regular Meeting
NEW HAMPSHIRE LOCAL GOVERNMENT RECORDS MANAGEMENT TRUST (HB 1151, Chapter 103, Laws of 2000) Room 308, LOB
9:00 a.m. Regular Meeting
·
PLEASE NOTE THE FOLLOWING MEETING HAS BEEN CANCELLEDPERINATAL
ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOBCancelled Regular Meeting
TUESDAY, OCTOBER 17, 2000
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT STUDY
(HB 535, Chapter 92, Laws of 1999) Room 303, LOB10:00 a.m. Regular Meeting
TELECOMMUNICATIONS OVERSIGHT (RSA 374:22-h) Room 304, LOB
10:00 Regular Meeting
SULLIVAN COUNTY REGIONAL REFUSE DISPOSAL DISTRICT (HB 379, Chapter 201, Laws of 1999) Room 301, LOB
10:30 a.m. Regular Meeting
STATUS OF MEN (HB 553, Chapter 272, Laws of 200) Room 304, LOB
1:00 p.m. Regular Meeting
WEDNESDAY, OCTOBER 18, 2000
LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE
Room 201, LOB9:30 a.m. Regular Meeting
CONCORD TO LEBANON & LAWRENCE MA TO MANCHESTER PASSENGER RAIL SERVICE Room 304, LOB
10:00 a.m. Regular Meeting
CHARTER SCHOOL AND OPEN ENROLLMENT SCHOOL DISTRICTS (HB 690, Chapter 286, Laws of 2000) Room 302, LOB
10:00 a.m. Organizational Meeting
RENEWABLE ENERGY SOURCES PROMOTIONAL METHODS (HB 1462, Chapter 61, Laws of 2000) Room 307, LOB
10:30 p.m. Regular Meeting
NEWBURYPORT MA TO KITTERY ME EASTERN RAIL LINE (HB 1378, Chapter 45, Laws of 2000) Room 304, LOB
11:00 a.m. Regular Meeting
STRUCTURE OF ALCOHOL AND DRUG ABUSE PREVENTION SERVICES (HB 650 Chapter 237, Laws of 1999) Room 201, LOB
1:00 p.m. Regular Meeting
NH DEPARTMENT OF TRANSPORTATION (Milford, 12569 To add sidewalks to the west side of Union Street, beginning at the George Street Intersection and running southerly to the Osgood Road Intersection.) Milford Town Hall, 1 Union Square, Milford, NH
7:00 p.m. Public Officials/Informational
THURSDAY, OCTOBER 19, 2000
AFFORDABLE HOUSING FUNDING
(HB 1199, Chapter 74, Laws of 2000) Room 205, LOB10:00 a.m. Regular Meeting
SELF-INSURING STATE EMPLOYEES (HB 1282, Chapter 92, Laws of 2000) Room 212, LOB
10:00 a.m. Regular Meeting
CONDOMINIUM ACT ASPECTS ESTABLISHED UNDER RSA 356-B (HB 1457, Chapter 186, Laws of 2000) Room 304, LOB
10:00 a.m. Regular Meeting
COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A PAID FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM AND POTENTIAL FUNDING SOURCES TO SUPPORT IT (HB 152`, Chapter 83, Laws of 2000) Room 306, LOB
10:00 a.m. Regular Meeting
REDUCING NUMBER OF PERSONS WITH DEVELOPMENTAL DISABILITIES OR BRAIN INJURIES NOT RECEIVING MEDICAID SERVICES (HB 1607, Chapter 205, Laws of 2000) Room 303, LOB
10:00 a.m. Regular Meeting
NEW HAMPSHIRE STATE PORT AUTHORITY (HB 1559,Chapter 153, Laws of 2000) Pease Development Authority, International Tradeport
1:00 p.m. Regular Meeting
FRIDAY, OCTOBER 20, 2000
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Rooms 306-308, LOB9:00 a.m. Regular Meeting
MONDAY, OCTOBER 23, 2000
WORKERS' COMP ADVISORY
(RSA 281- A:62) Room 304, LOB9:30-11:00a.m. Regular Meeting
PUBLIC HEALTH & ENVIRONMENT COMMISSION (HB 1390, Chapter 114, Laws of 2000) Room 205, LOB
10:00 a.m. Regular Meeting
REDUCING VIOLENT INCIDENTS INVOLVING CHILDREN & GUNS (SB 163, Chapter 322, Laws of 1999) Room 307, LOB
1:00 p.m. Regular Meeting
COMMITTEE TO STUDY THE STATE SUBSTANCE ABUSE TREATMENT DELIVERY SYSTEM (SB 19, Chapter 38, Laws of 1999) Room 102, LOB
1:30 p.m. Regular Meeting
WEDNESDAY, OCTOBER 25, 2000
COMMITTEE TO STUDY THE LICENSURE OF RADIOLOGIC TECHNOLOGISTS
(SB 341, Chapter 49, Laws of 2000) Room 102, LOB10:00 a.m. Regular Meeting
STRUCTURE OF ALCOHOL AND DRUG ABUSE PREVENTION SERVICES (HB 650 Chapter 237, Laws of 1999) Room 201, LOB
1:00 p.m. Regular Meeting
THURSDAY, OCTOBER 26, 2000
COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A PAID FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM AND POTENTIAL FUNDING SOURCES TO SUPPORT IT
(HB 152`, Chapter 83, Laws of 2000) Room 306, LOB10:00 a.m. Regular Meeting
NEW HAMPSHIRE COUNCIL ON APPLIED TECHNOLOGY & INNOVATION ESTABLISHED (RSA 12-h:1) Room 304, LOB
1:00 p.m. Regular Meeting
NEW HAMPSHIRE LAND AND COMMUNITY HERITAGE BOARD OF DIRECTORS (RSA 227-M:4) Room 305, LOB
3:00 - 5:00 p.m. Regular Meeting
NH DEPARTMENT OF TRANSPORTATION (Milford-Nashua NH Rte. 101 A Study) NRPC's, Office 115 Main Street, Nashua, NH
5:00 p.m. 101A Steering Committee Meeting
FRIDAY, OCTOBER 27, 2000
STATE AERONAUTICS LAWS REVISIONS
(HB 1161, Chapter 105, Laws of 2000) Room 307, LOB9:30 a.m. Regular Meeting
EARLY CHILDHOOD EDUCATION COMMISSION (HB 532, Chapter 135, Laws of 1999) Room 205, LOB
11:00 a.m. Regular Meeting
MONDAY, OCTOBER 30, 2000
OIL FUND DISBURSEMENT
(RSA 146-D:4) Room 305, LOB9:00 a.m. Regular Meeting
COMMISSION TO STUDY THE RELATIONSHIP BETWEEN POSTSECONDARY EDUCATION AND RECIPIENTS OF TEMPORARY ASSISTANCE TO NEEDY FAMILIES (SB 313, Chapter 122, Laws of 2000) Room 102, LOB
2:00 p.m. Regular Meeting
TUESDAY, OCTOBER 31, 2000
NEW HAMPSHIRE STATE PORT AUTHORITY
(HB 1559,Chapter 153, Laws of 2000) Room 201, LOB10:00 a.m. Regular Meeting
THURSDAY, NOVEMBER 2, 2000
EARLY CHILDHOOD EDUCATION COMMISSION
(HB 532, Chapter 135, Laws of 1999) Room 205, LOB9:30 a.m. Regular Meeting
STATUS OF MEN (HB 553, Chapter 272, Laws of 200) Room 304, LOB
1:00 p.m. Regular Meeting
FRIDAY, NOVEMBER 3, 2000
OSTEOPOROSIS ADVISORY COUNCIL
(RSA 126-I:3) Room 205, LOB9:00-11:00 a.m. Regular Meeting
WEDNESDAY, NOVEMBER 8, 2000
TOBACCO USE ADVISORY
(RSA 126-K:19) Room 307, LOB3:00 - 5:00 p.m. Regular Meeting
THURSDAY, NOVEMBER 9, 2000
NUCLEAR DECOMMISSIONING FINANCING COMMITTEE
(RSA 162-F:15) Room 302-304, LOB10:00 a.m. Purpose of the meeting is to discuss possible changes to RSA 162-F
MONDAY, NOVEMBER 13, 2000
PERINATAL
ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB9:00 a.m. Regular Meeting
TUESDAY, NOVEMBER 14, 2000
WELLNESS & PRIMARY PREVENTION COUNCIL
(RSA 126-M:3) Room 207, LOB10:00 a.m. Regular Meeting
IMPACT OF WATER WITHDRAWALS ON INSTREAM FLOWS (SB 330, Chapter 242, Laws of 2000) Rooms 305-307, LOB
1:00 p.m. Regular Meeting
FRIDAY, NOVEMBER 17, 2000
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES,
Rooms 306-308, LOB9:00 a.m. Regular Meeting
MONDAY, NOVEMBER 27, 2000
NEW HAMPSHIRE COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION
(RSA 195-H:2) Room 103, SH9:00 a.m. Investment Subcommittee Meeting
10:00 a.m. Regular Meeting
MONDAY, DECEMBER 11, 2000
PERINATAL
ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB9:00 a.m. Regular Meeting
TUESDAY, DECEMBER 12, 2000
WELLNESS & PRIMARY PREVENTION COUNCIL
(RSA 126-M:3) Room 207, LOB10:00 a.m. Regular Meeting
WEDNESDAY, DECEMBER 13, 2000
TOBACCO USE ADVISORY
(RSA 126-K:19) Room 307, LOB3:00 - 5:00 p.m. Regular Meeting
FRIDAY, DECEMBER 15, 2000
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Rooms 306-308, LOB9:00 a.m. Regular Meeting
NOTICES
LEGISLATIVE ETHICS COMMITTEE
At its meeting on September 13, 2000, the Legislative Ethics Committee unanimously voted to adopt the following Advisory Opinion, which is printed below in its entirety.
Representative Jeb E. Bradley, Chairman
Senator Richard L. Russman, Vice Chairman
Senator John A. King
Representative Janet G. Wall
Mr. Shawn N. Jasper
Attorney Peter C. Scott
ADVISORY OPINION 2000 - #1
(September 13, 2000)
The Legislative Ethics Committee received a request for an interpretation as to the application of Section 4, VI (c) of the Ethics Guidelines as it applies to a legislator’s participation in discussions before a state agency regarding a matter which affects the legislator’s constituents generally and which could also affect the legislator’s personal financial interests. The Committee held a public hearing to receive input on July 31, 2000, and issues the following opinion.
The Ethics Guidelines prohibit a legislator from threatening a state agency or its employees with reprisals or promised inducements of any kind in an attempt to influence agency decisions so as to obtain special personal benefits for the legislator, the legislator’s immediate family, or certain constituents, which would not be available to others under similar circumstances (Section 4, II (c)). The Guidelines also prohibit a legislator from using his or her public position or office to obtain anything of value for the private benefit of the legislator or the legislator’s immediate family (Section 4, III).
These prohibited activities, however, must be read in conjunction with Section 4, VI (c) which states that a legislator is not prohibited from advocating for 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.
The inquiry to the Committee related to the legislator’s participation in discussions involving the Department of Transportation over possible alterations to a highway along which the legislator’s house is located. The participation has included attendance at meetings held by the state agency to solicit comment from area residents in association with a safety study requested by the legislator’s town. The conclusions reached by the safety study could determine whether there are alterations to the segment of the highway located in the town, including the area immediately abutting the legislator’s property, thus potentially affecting the value of the property.
In view of the above-referenced guideline provisions, the Committee concludes that, generally, whenever a legislator advocates on behalf of an issue that primarily benefits the general public, or the legislator’s constituents, and which only incidentally benefits the legislator, there is no violation of the Guidelines. In any advocacy before a state agency, however, there can be no directly or indirectly implied threat against the agency. If there are issues with respect to the direct financial interests of the legislator arising from the legislator’s official activities, the legislator must make an appropriate disclosure. The legislator should be particularly mindful of Section 4, II (d) of the Ethics Guidelines which states that legislators shall not "conduct private negotiations with a state 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." Under no circumstances may a legislator use his or her position to obtain any greater value for the legislator’s private benefit than a member of the public could normally obtain.