March 6, 2008

No. 10B

 

 

STATE OF NEW HAMPSHIRE

WEB SITE ADDRESS:

www.gencourt.state.nh.us

 

 

 

 

 

 

 

Legislative

 

SENATE CALENDAR

ADDENDUM

REPORTS, AMENDMENTS & HEARINGS

 

 

 

 

 

 

 

THE SENATE WILL MEET IN SESSION ON THURSDAY, MARCH 13, 2008 AT 11:00 A.M.

REPORTS

CAPITAL BUDGET

SB 338, relative to the Hampton Beach capital improvement fund.

Ought to Pass, Vote 4-1.

Senator Hassan for the committee.

SB 531, relative to the capital appropriation for the Hillsborough north superior court.

Ought to Pass with Amendment, Vote 5-0.

Senator Hassan for the committee.

 

EDUCATION

SB 359, updating the health curriculum requirements for public school students.

Ought to Pass with Amendment, Vote 5-0.

Senator Foster for the committee.

SB 362, relative to the responsibility for providing a free appropriate public education to students with disabilities.

Interim Study, Vote 4-1.

Senator Fuller Clark for the committee.

SB 374, relative to the process for nonrenewal of teacher contracts.

Ought to Pass with Amendment, Vote 4-1.

Senator Foster for the committee.

SB 538, relative to the community college system of New Hampshire board of trustees and repealing a motor vehicle regulation statute applicable to the community college system.

Ought to Pass with Amendment, Vote 5-0.

Senator Kelly for the committee.

 

ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT

SB 368, relative to exemptions for toxics reduction in packaging.

Ought to Pass, Vote 5-0.

Senator Odell for the committee.

SB 382, relative to gasoline and diesel fuel prices.

Inexpedient to Legislate, Vote 5-0.

Senator Cilley for the committee.

SB 384, relative to the repair of septic systems prior to the sale of waterfront property.

Ought to Pass with Amendment, Vote 5-0.

Senator Sgambati for the committee.

 

HEALTH AND HUMAN SERVICES

SB 425, relative to the data collection practices of health care providers.

Ought to Pass with Amendment, Vote 5-0.

Senator Fuller Clark for the committee.

 

JUDICIARY

SB 387, relative to forfeiture of recognizances.

Inexpedient to Legislate, Vote 5-0.

Senator Reynolds for the committee.

SB 392, relative to recovery of child support payments.

Inexpedient to Legislate, Vote 5-0.

Senator Foster for the committee.

SB 400, relative to the authority of bail commissioners.

Ought to Pass, Vote 5-0.

Senator Clegg for the committee.

SB 445, updating the procedure for recommending persons for initial appointment as marital masters.

Ought to Pass with Amendment, Vote 5-0.

Senator Gottesman for the committee.

 

PUBLIC AND MUNICIPAL AFFAIRS

SB 421-L, requiring municipal land use regulation to provide reasonable opportunities for the creation of workforce housing.

Ought to Pass with Amendment, Vote 3-0.

Senator DeVries for the committee.

SB 479, relative to the vote required for passage of school bonds.

Ought to Pass with Amendment, Vote 3-1.

Senator Barnes for the committee.

SB 484, establishing a commission to investigate alternatives to incarceration for nonviolent offenders and cost savings related to such alternatives.

Ought to Pass with Amendment, Vote 2-0.

Senator Hassan for the committee.

SB 506, naming the Elm Street bridge in Newport after Specialist Justin A. Rollins.

Ought to Pass, Vote 3-0.

Senator Hassan for the committee.

 

WAYS AND MEANS

SB 493, allowing certain tax exempt organizations to be defined as charitable organizations for purposes of games of chance operations.

Ought to Pass with Amendment, Vote 2-0.

Senator D'Allesandro for the committee.

AMENDMENTS

Senate Education

March 10, 2008

2008-0946s

04/09

 

 

 

Amendment to SB 359

 

 

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

 

AN ACT     updating the health curriculum requirements for public school students and requiring the state board of education to provide for procedures through which students may be excused from course requirements relating to health and sex education on religious grounds without penalty.

 

Amend the bill by inserting after section 3 the following and renumbering the original sections 4-5 to read as 5-6, respectively:

 

      ­4  New Paragraph; State Board of Education; Duties.  Amend RSA 186:11 by inserting after paragraph IX-a the following new paragraph:

            IX-b.  HEALTH AND SEX EDUCATION.  Provide for procedures through which students may be excused from course requirements relating to health and sex education on religious grounds without penalty.

2008-0946s

 

AMENDED ANALYSIS

 

      This bill updates the health education curriculum to include instruction on the effects of alcohol and other drugs, child abuse, human immunodeficiency virus (HIV)/acquired immunodeficiency syndrome (AIDS), and sexually transmitted diseases on the human system.  The bill also requires the state board of education to provide for procedures through which students may be excused from course requirements relating to health and sex education on religious grounds without penalty.

 

 

 

Senate Education

March 10, 2008

2008-0943s

04/09

 

 

 

Amendment to SB 374

 

 

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

 

      ­1  School Boards; Review by State Board.  Amend RSA 189:14-b, I to read as follows:

            I.  A teacher aggrieved by such decision may [request] either petition the state board of education for review thereof or request arbitration under the terms of a collective bargaining agreement, if applicable, but may not do both.  Such [request] petition must be in writing and filed with the state board within 10 days after the issuance of the decision to be reviewed.  Upon receipt of such [request] petition, the state board shall notify the school board of the [request] petition for review, and shall forthwith proceed to a consideration of the matter.  Such consideration shall include a hearing if either party shall request it.  The state board shall issue its decision within [30] 15 days after the [request] petition for review is filed, and the decision of the state board shall be final and binding upon both parties.  [A request for review under this section shall constitute the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher.]

      ­2  Public Employee Labor Relations; Grievance Procedures.  Amend RSA 273-A:4 to read as follows:

      273-A:4  Grievance Procedures.  Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures.  [No grievance resulting from the failure of a teacher to be renewed pursuant to RSA 189:14-a shall be subject to arbitration or any other binding resolution, except as provided by RSA 189:14-a and RSA 189:14-b.  Any such provision in force as of the effective date of this section shall be null and void upon the expiration date of that collective bargaining agreement.]

      ­3  Effective Date.  This act shall take effect 60 days after its passage.

 

 

Sen. Sgambati, Dist. 4

March 3, 2008

2008-0798s

08/09

 

 

 

Amendment to SB 384

 

 

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

 

      ­1  Sale of Waterfront Property; Department Notification.  Amend RSA 485-A:39 to read as follows:

      485-A:39  Waterfront Property Sale; Site Assessment Study.

            I.  Prior to the execution of a purchase and sale agreement for any developed waterfront property using a septic disposal system, the owner of the property shall, at [his or her] the owner’s expense, engage a permitted subsurface sewer or waste disposal system designer to perform a site assessment study to determine if the site meets the current standards for septic disposal systems established by the department.  The site assessment study shall include an on-site inspection and shall identify any remedial action required to meet the department’s current standards for septic disposal systems and if the system is failing, the action necessary to bring the system into compliance.  If the site assessment is not complete prior to the time that the buyer and seller enter into a purchase and sale contract, the contract shall be subject to the buyer’s acceptance of the completed site assessment.

            II.  The site assessment study form shall become a part of the purchase and sale agreement.

            III.  The site assessment study form, with stated findings, shall be given to the buyer and the seller and receipt of the form shall be acknowledged in writing by the buyer and the seller.

            IV.  Failure of the seller or the seller’s agent to notify the buyer of the findings or deliver [approved plans of the septic disposal system] the completed site assessment study form pursuant to paragraph III of this section shall be a violation and, notwithstanding RSA 651:2, shall be punishable by a fine not to exceed $500.

            V.  The site assessment study shall consist of 3 sections:

                  (a)  Section A shall include the name, address, and telephone number of the seller and the seller’s agent and the location and a brief description of the property, including the tax map reference and lot number.

                  (b)  Section B shall include the lot size, slope, loading (based on the number of bedrooms in the structure), water source, soil type, and estimated seasonal high water table information from U.S. Natural Resources Conservation Service maps.  A space shall be included on the form for the permitted designer to write his assessment of the site for the current use of the system, based upon the criteria and information required in this subparagraph.

                  (c)  Section C shall include information about the present septic disposal system, if available.  If the installed system was approved by the department, a copy of the approval form, approval number and plan shall be attached to the site assessment study.

[An assessment indicating that the site fails to meet any of the criteria established under this section shall not prohibit the sale of the property but must be disclosed to the buyer as full and proper notice of the possible limitations of the site for a septic disposal system.]

            VI.  The department shall design the site assessment form pursuant to paragraph V of this section.  The commissioner shall adopt rules pursuant to RSA 541-A relative to the procedures for the availability and distribution of the form to interested parties.

            VII.  An assessment indicating that the site fails to meet any of the criteria established under this section shall not prohibit the sale of the property but shall be disclosed to the buyer as full and proper notice of the possible limitations of the site for a septic disposal system.

            VIII.  If the septic disposal system designer, during the course of a site assessment, discovers evidence that a system is in failure, the designer shall notify, in writing, the department and the local health officer, and shall include that information in the site assessment report.

            IX.  If no state-approved plan exists for the property, or the approved plan cannot be located, the assessor shall perform a standard dye test on the septic disposal system.  Surfacing of the dye on the ground or in nearby surface waters shall be an indication of failure, and the assessor shall report that failure as provided in paragraph VIII.

      ­2  Septic System Failure; Definition.  Amend RSA 485-A:2, IV to read as follows:

            IV.  “Failure’‘ means the condition produced when a subsurface sewage or waste disposal system does not properly contain [or treat] sewage or causes [or threatens to cause] the discharge of sewage on the ground surface or into adjacent surface [or groundwaters] waters.

      ­3  Developed Waterfront Property; Definition.  Amend RSA 485-A:2, I to read as follows:

            I.  “Developed waterfront property’‘ means any parcel of land which is contiguous to or within 200 feet of [tidal waters or a great pond] public waters as defined in [RSA 4:40-a] RSA 483-B and upon which stands a structure suitable for either seasonal or year-round human occupancy.

      ­4  Permit Renewal; Septic Designers.  Amend RSA 485-A:35, I to read as follows:

            I.(a)  All applications, plans, and specifications submitted in accordance with this chapter for subsurface sewage or waste disposal systems shall be prepared and signed by the person who is directly responsible for them and who has a permit issued by the department to perform the work.  The department shall issue a permit to any person who applies to the department, and pays a fee of [$40] $80 and who has demonstrated a sound working knowledge of the procedures and practices required in the site evaluation, design, and operation of subsurface sewage or waste disposal systems.  The department shall require an oral or written examination or both to determine who may qualify for a permit.  Permits shall be issued from January 1 and shall expire December 31 of [each] every other year.  Permits shall be renewable upon proper application, [and payment of an annual fee of $40] payment of a biennial fee of $80, and documentation of compliance with the continuing education requirement of subparagraph (b).  A permit issued to any person may be suspended, revoked or not renewed only for just cause and after the permit holder has had a full opportunity to be heard by the department.  An appeal from a decision to revoke, suspend or not renew a permit may be taken pursuant to RSA 541.

                  (b)  Permitted designers shall complete a minimum of 3 hours annually of continuing education approved by the department.

      ­5  Permit Renewal; Septic Installers.  Amend RSA 485-A:36, I to read as follows:

            I.(a)  No person shall engage in the business of installing subsurface sewage or waste disposal systems under this subdivision without first obtaining an installer’s permit from the department.  The permit holder shall be responsible for installing the subsurface sewage or waste disposal system in accordance with the intent of the approved plan.  The department shall issue an installer’s permit to any person who submits an application provided by the department, pays a fee of [$40] $80 and demonstrates a sound working knowledge of RSA 485-A:29-35 and the ability to read approved waste disposal plans.  The department shall require an oral or written examination or both to determine who may qualify for an installer’s permit.  Individuals who have been actively engaged in the business of installing systems for at least 12 months prior to January 1, 1980, shall not be required to submit to such examination, but shall be issued a permit upon filing an application and paying the initial fee, if application is made before June 30, 1980.  Permits shall be issued from January 1 and shall expire December 31 of [each] every other year.  Permits shall be renewable upon proper application [and payment of an annual fee of $40] payment of a biennial fee of $80, and documentation of compliance with the continuing education requirement of subparagraph (b).  The installer’s permit may be suspended, revoked or not renewed for just cause, including, but not limited to, the installation of waste disposal systems in violation of this subdivision or the refusal by a permit holder to correct defective work.  The department shall not suspend, revoke or refuse to renew a permit except for just cause until the permit holder has had an opportunity to be heard by the department.  An appeal from such decision to revoke, suspend or not renew a permit may be taken pursuant to RSA 21-O:14.  All fees shall be deposited with the state treasurer as unrestricted revenue.

                  (b)  Permitted installers shall complete a minimum of 3 hours annually of continuing education approved by the department.

      ­6  Effective Date.  This act shall take effect January 1, 2009.

2008-0798s

 

AMENDED ANALYSIS

 

      This bill:

 

      I.  Requires a site assessment study to identify remedial actions necessary.

 

      II.  Adds a section to the site assessment study.

 

      III.  Requires a septic disposal system designer to report remedial actions to the department of environmental services and the local health officer.

 

      IV. Defines “developed waterfront property” and septic system “failure.”

 

      V.  Prescribes continuing education requirements for septic system designers and installers.

 

Sen. Fuller Clark, Dist. 24

February 12, 2008

2008-0523s

06/03

 

 

 

 

Amendment to SB 421-LOCAL

 

 

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

 

AN ACT     relative to workforce housing.

 

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

 

      ­1  Findings and Statement of Purpose.

            I.  The state of New Hampshire is experiencing a shortage of housing that is affordable to working households.  This housing shortage poses a threat to the state’s economic growth, presents a barrier to the expansion of the state’s labor force, undermines state efforts to foster a productive and self-reliant workforce, and adversely affects the ability of many communities to host new businesses.

            II.  Achieving a balanced supply of housing, which requires increasing the supply of workforce housing, serves a statewide public interest, and constitutes an urgent and compelling public policy goal.

            III.  The purpose of this act is to clarify the requirements of Britton v. Chester, 134 N.H. 434 (1991), and to provide guidance for complying with those requirements to local officials and the public.

            IV.  The subdivision enacted in section 2 of this act is intended to provide the maximum feasible flexibility to municipalities in exercising the zoning powers under RSA 674 consistent with their obligation to provide reasonable opportunities for the development of workforce housing, and is not intended to create a system of statewide land use regulation or a statewide zoning process.

      ­2  New Subdivision:  Workforce Housing.  Amend RSA 674 by inserting after section 57 the following new subdivision:

Workforce Housing

      674:58 Definitions.  In this subdivision

            I.  “Affordable” means housing with combined rental and utility costs or combined mortgage and loan debt services, property taxes, and required insurance that do not exceed 30 percent of a household’s gross annual income. 

            II.  “Multi-family workforce housing” means a building or structure containing 5 or more dwelling units.

            III.  “Reasonable and realistic opportunities for the development of workforce housing” means opportunities to develop economically viable workforce housing within the framework of a municipality’s ordinances and regulations adopted pursuant to this chapter and consistent with RSA 672:1, III-e.  The collective impact of all such ordinances and regulations on a proposal for the development of workforce housing shall be considered in determining whether opportunities for the development of workforce housing are reasonable and realistic.

            IV.  “Workforce housing” means housing which is intended for sale and which is affordable to a household with an income of no more than 100 percent  of the median income for a 4-person household for the metropolitan area or county in which the housing is located as published annually by the United States Department of Housing and Urban Development.  “Workforce Housing” also means rental housing which is affordable to a household with an income of no more than 60 percent of the median income for a 3-person household for the metropolitan area or county in which the housing is located as published annually by the United States Department of Housing and Urban Development.   Housing developments that exclude minor children from more than 20 percent of the units, or in which more than 50 percent of the dwelling units have fewer than 2 bedrooms, shall not constitute workforce housing for the purposes of this subdivision.

      674:59  Workforce Housing Opportunities.  In every municipality that exercises the power to adopt land use ordinances and regulations, such ordinances and regulations shall provide reasonable and realistic opportunities for the development of workforce housing, including multi-family workforce housing.  In order to provide such realistic opportunities, lot size and overall density requirements for workforce housing shall be reasonable.  Municipalities shall not use unreasonable requirements for inclusionary zoning to prevent the development of projects that include workforce housing supported by higher income housing.

      ­3  Declaration of Purpose.  Amend RSA 672:1, III-e to read as follows:

            III-e.  All citizens of the state benefit from a balanced supply of housing which is affordable to persons and families of low and moderate income. Establishment of housing which is decent, safe, sanitary, and affordable to low and moderate income persons and families is in the best interests of each community and the state of New Hampshire, and serves a vital public need. Opportunity for development of such housing, including so-called cluster development and the development of multi-family structures, [should] shall not be prohibited or discouraged by use of municipal planning and zoning powers or by unreasonable interpretation of such powers.

      ­4  Effective Date.  This act shall take effect 60 days after its passage.

2008-0523s

 

AMENDED ANALYSIS

 

      This bill declares it to be the policy of planning and zoning regulation in the state that municipalities have an obligation to provide reasonable and realistic opportunities for the development of workforce housing.

 

Sen. Hassan, Dist. 23

January 28, 2008

2008-0275s

01/03

 

 

 

Amendment to SB 425

 

 

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

 

AN ACT     relative to the data collection practices of health care providers and relative to  the development of a comprehensive uninsured health care database.

 

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

 

      ­1  Health Care Data Collection.  RSA 126:25, II is repealed and reenacted to read as follows:

            II.  A health care provider that is licensed by the state or lawfully providing health care services in New Hampshire and that submits its health care claims electronically for reimbursement shall submit health care claim data for any person who receives health care services and does not have health insurance and whose care is not paid for by a governmental program to the department of health and human services or its agent.  The health care claims data shall be submitted in a format that is consistent with the claims data submitted electronically for reimbursement and shall include service level remittance information for each billed service that includes patient demographics, provider information, charge payment information, and clinical diagnosis and procedure codes.

      ­2  New Chapter; Comprehensive Uninsured Health Care Database.  Amend RSA by inserting after chapter 126-Q the following new chapter:

CHAPTER 126-R

Comprehensive Uninsured Health Care DataBase

      126-R:1  Database Development and Use.

            I.  The commissioner of the insurance department and the commissioner of the department of health and human services shall enter into a memorandum of understanding for collaboration in the development of a comprehensive uninsured health care database.  The memorandum of understanding shall include a description of the uninsured database, the criteria and procedures for the collection and the release of the uninsured data set, and the requirements for reporting information on the uninsured.

            II.  To the extent allowed by the Health Information Portability and Accountability Act (HIPAA), the data shall be available as a resource tool for policy analysts, insurers, legislators, employers, health care providers, purchasers of health care, and state agencies to review the uninsured population’s utilization of health care, the cost of services provided to the uninsured, and the effect of that utilization on the commercial insurance market.

            III.  The comprehensive uninsured health care database shall not include any data that contains direct personal identifiers.  For purposes of this section, “direct personal identifiers” shall include information relating to an individual that contains primary identifiers, such as the individual’s name, street address, e-mail address, telephone number, and social security number.

      126-R:2  Rulemaking Authority.

            I.  The commissioner of the department of health and human services, in consultation with the commissioner of the insurance department, shall adopt rules under RSA 541-A as may be necessary to provide for the reporting and release of uninsured health care data.

            II.  The commissioner of the insurance department, in consultation with the commissioner of the department of health and human services, shall adopt rules under RSA 541-A as may be necessary to provide for the collection of uninsured health care data.

      ­3  Effective Date.  This act shall take effect January 1, 2009.

2008-0275s

 

AMENDED ANALYSIS

 

      This bill requires health care providers that submit health care claims electronically for reimbursement to submit health care claims data for any person who is uninsured and whose care is not paid for by a governmental program to the department of health and human services.

 

      This bill also requires the commissioner of the insurance department and the commissioner of the department of health and human services to enter into a memorandum of understanding for collaboration in the development of a comprehensive uninsured health care database.  The bill grants rulemaking authority to the commissioners for the purposes of the collaborative effort.

 

 

 

 

Senate Judiciary

March 11, 2008

2008-0966s

09/04

 

 

 

Amendment to SB 445

 

 

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

 

AN ACT     changing the procedure for recommending persons for initial appointment as marital masters.

 

Amend the bill by replacing section 1 with the following:

 

      ­1  Nominations and Appointments of Marital Masters.  Amend RSA 490-D:7, I and II to read as follows:

            I.  The administrative judge of the judicial branch family division, with the concurrence of the supreme court,  shall recommend persons to the governor and council for initial appointment as marital masters.  In recommending candidates for initial appointment as marital masters under this chapter, the division shall utilize the procedures and standards described in [superior court rules in effect as of July 1, 2004] the rules of the judicial branch family division, except as otherwise provided in this chapter.

            II.  For appointments of new marital masters, the administrative judge of the judicial branch family division, with the concurrence of the supreme court, shall submit to the governor the name of a nominee.  The governor may accept the candidate nominated by the administrative judge and submit the candidate to the council for confirmation or may reject the candidate submitted by the administrative judge, and request a new nominee.  If the council rejects a candidate for confirmation, the governor shall request a new nominee.

2008-0966s

 

AMENDED ANALYSIS

 

      This bill changes the procedure for recommending persons for initial appointment as marital masters by replacing a reference to superior court rules with judicial branch family division rules and requiring the concurrence of the supreme court.

 

      This bill was requested by the supreme court.

 

 

Public and Municipal Affairs

March 10, 2008

2008-0948s

04/09

 

 

 

Amendment to SB 479

 

 

Amend the bill by replacing section 2 with the following:

 

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

 

 

Public and Municipal Affairs

March 10, 2008

2008-0949s

04/09

 

 

 

Amendment to SB 484

 

 

Amend the bill by replacing section 2 with the following:

 

      ­2  Membership and Compensation.

            I.  The members of the commission shall be as follows:

                  (a)  One member of the senate, appointed by the president of the senate.

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

                  (c)  The commissioner of the department of corrections, or designee.

                  (d)  The attorney general, or designee.

                  (e)  One member appointed by the chief justice of the New Hampshire supreme court.

                  (f)  One member from the New Hampshire Sheriff’s Association, appointed by that association.

                  (g)  One member from the New Hampshire Association of Chiefs of Police, appointed by that association.

                  (h)  One member from the New Hampshire Public Defender’s Office, appointed by that organization.

                  (i)  One member from the New Hampshire Police Association, appointed by that association.

                  (j)  One member from the National Alliance on Mental Illness-New Hampshire, appointed by that association.

                  (k)  One county attorney in New Hampshire appointed by the New Hampshire Association of Counties.

                  (l)  One county superintendent in New Hampshire appointed by the New Hampshire Association of Counties.

            II.  Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

 

Amend the bill by replacing section 4 with the following:

 

      ­4  Chairperson; Quorum.  The members of the commission shall elect a chairperson from among the members.  The first meeting of the commission shall be called by the first-named senate member.  The first meeting of the commission shall be held within 45 days of the effective date of this section.  Six members of the commission shall constitute a quorum.

 

 

Senate Ways and Means

March 10, 2008

2008-0961s

08/09

 

 

 

Amendment to SB 493

 

 

Amend RSA 287-D:1, III(a) as inserted by section 1 of the bill by replacing it with the following:

 

                  (a)  “Charitable organization” means any bona fide religious, charitable, civic, veterans’, or fraternal or church organization, including police and firemen’s organizations which shall have been registered with the secretary of state for at least 2 years and in existence for at least 2 years in a town or city in this state, provided that the primary activities conducted by the organization were for the purpose for which the organization was established and have not included charitable gambling operations; which is organized under the laws of this state; and to which contributions are exempt from federal income tax.  Chambers of commerce or other similar organizations, which are tax exempt under the Internal Revenue Code, and whose mission is to promote the improvement of the business environment, economic vitality, and overall stability and quality of life of the geographic area in which they serve, shall also be eligible for licensure under this chapter.  To be eligible for licensure under this chapter, a charitable organization shall do all of the following:

                        (1)  Document that it is exempt from federal income tax.

                        (2)  Establish that the purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in [the town or city in which the games of chance are conducted] the geographic area in which they serve by the use of funds generated by games of chance.

                        (3)  Register with the secretary of state and, if required under RSA 7:19-32, with the director of charitable trusts.

                        (4)  Maintain a current list of bona fide members.

 

 

Capital Budget

March 10, 2008

2008-0951s

10/09

 

 

 

Amendment to SB 531

 

 

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

 

AN ACT     relative to the capital appropriation for the Hillsborough north superior court and relative to the venue for criminal cases in Hillsborough county.

 

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

 

      ­1  Capital Budget; 2007; Administrative Services; Bureau of Court Facilities; Hillsborough North Superior Court.  Amend 2007, 264:1, II, A, 1 to read as follows:

                  1.  Hillsborough County North - Asbestos Abatement

                        and Related Construction, Renovation, or Relocation                    $2,000,000

      ­2  New Paragraph; Venue for Criminal Cases; Northern Judicial District of Hillsborough County.  Amend RSA 496:1 by inserting after paragraph II the following new paragraph:

            III.  For offenses committed on or after the effective date of this paragraph, in the northern judicial district of the county of Hillsborough, where the trial of which is scheduled at a time when the courthouse for the northern judicial district of the county of Hillsborough is closed for renovations, the judicial district for purposes of part 1, article 17 of the New Hampshire constitution shall be the entire county of Hillsborough.

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

2008-0951s

 

AMENDED ANALYSIS

 

      This bill allows an additional purpose for the funds appropriated in the 2007 capital budget for the Hillsborough north superior court.

 

      The bill also extends the venue for criminal cases where trials are scheduled at Hillsborough north superior court to the entire county of Hillsborough, when the Hillsborough north superior court is closed for renovations.

 

 

 

 

Senate Education

March 10, 2008

2008-0941s

04/01

 

 

 

Amendment to SB 538

 

 

Amend the bill by inserting after section 2 the following and renumbering the original sections 3-4 to read as 4-5, respectively:

 

      ­3  Community College System of New Hampshire; Board of Trustees.  Amend RSA 188-F:4, II(k) to read as follows:

                  (k)  One member [representing a] from the  technology [company] sector.

 

Amend the bill by replacing section 5 with the following:

 

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

HEARINGS

MONDAY, MARCH 17, 2008

FINANCE, Room 100, SH

Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Odell, Sen. Gallus

10:00 a.m.        EXECUTIVE SESSION ON PENDING LEGISLATION

TUESDAY, MARCH 18, 2008

COMMERCE, LABOR AND CONSUMER PROTECTION, Room 102, LOB

Sen. Gottesman (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Barnes, Sen. Roberge

10:15 a.m.        EXECUTIVE SESSION ON PENDING LEGISLATION

10:30 a.m.        HB 385-FN, relative to licensing and insurance fees.

                        (the previous hearing for HB 385-FN was recessed on March 10th)

10:45 a.m.        HB 399, (New Title) relative to the minimum hourly rate of compensation.

                        (the previous hearing for HB 399 was recessed on March 10th)

11:00 a.m.        HB 759-FN, relative to administration and enforcement of banking laws.

                        (the previous hearing for HB 759-FN was recessed on March 10th)

                        EXECUTIVE SESSION MAY FOLLOW

ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT, Room 101, LOB

Sen. Fuller Clark (C), Sen. Hassan (VC), Sen. Cilley, Sen. Sgambati, Sen. Barnes, Sen. Odell

2:00 p.m.          EXECUTIVE SESSION ON PENDING LEGISLATION

                        SB 383, establishing a commission to develop a plan for the expansion of transmission capacity in the north country.

                        SB 419, relative to the duties of the energy planning and advisory board and restructuring policy principles.

                        SB 451, authorizing rate recovery for electric public utilities investments in distributed energy resources.

                        SB 523, relative to requirements for the estuary alliance for sewage treatment to take and hold land.

HEALTH AND HUMAN SERVICES, Room 100, SH

Sen. Estabrook (C), Sen. Sgambati (VC), Sen. Fuller Clark, Sen. Janeway, Sen. Gallus, Sen. Kenney

10:15 a.m.        HB 359-FN, relative to recovery of medical assistance from an estate.

10:30 a.m.        HB 537, establishing a task force on homeless teenagers.

10:45 a.m.        HB 678-FN, (New Title) establishing a committee to study issues related to cochlear implants.

                        EXECUTIVE SESSION MAY FOLLOW

JUDICIARY, Room 103, SH

Sen. Foster (C), Sen. Gottesman (VC), Sen. Reynolds, Sen. Clegg, Sen. Letourneau

2:00 p.m.          EXECUTIVE SESSION ON PENDING LEGISLATION