April 24, 2008

No. 17

 

 

STATE OF NEW HAMPSHIRE

WEB SITE ADDRESS:

www.gencourt.state.nh.us

 

 

 

 

 

 

 

Legislative

 

SENATE CALENDAR

REPORTS, AMENDMENTS, HEARINGS,

MEETINGS AND NOTICES

 

 

 

 

 

 

 

 

THE SENATE WILL MEET IN SESSION ON THURSDAY, MAY 1, 2008 AT 10:00 A.M.

LAID ON THE TABLE

CACR 20, relating to funding of public education. Providing that the local political subdivision shall provide public education and determine curriculum and the amount of funding thereof, and the legislature shall have the authority to make reasonable determinations as to public education, provide supplemental funding, and determine the amount and allocation of such state funds. 1/17/08, pending motion ITL, Judiciary, SJ 2, pg. 60

 

CACR 31, relating to the funding of public education.  Providing that the legislature shall make a reasonable determination of the content, extent, funding, which shall include targeting, and delivery of public education. 2/21/08, pending motion ITL, Judiciary, SJ 7, pg. 152

 

CACR 32, relating to local public education.  Providing that the local political subdivision responsible for public education shall have the power to determine curriculum, set standards, and determine funding, and that the legislature may provide supplemental funding. 2/21/08, pending motion ITL, Judiciary, SJ 7, pg. 153

 

CACR 33, relating to funding a public education. Providing that the legislature shall define standards for education, determine the level of state funding thereof, establish standards of accountability, and allocate state funds in a manner that mitigates disparities in educational opportunity and fiscal capacity, provided that every school district receives a reasonable share of the state funds on a per pupil basis. 2/21/08, pending motion ITL, Judiciary, SJ 7, pg. 153

 

SB 163-FN, relative to housing assistance for families in the Temporary Assistance to Needy Families (TANF) program. 1/17/08, pending motion Committee Amendment (0054s), Health and Human Services, SJ 2, pg. 59

 

SB 248, relative to ethical standards for volunteers in the executive branch. 1/2/08, pending motion ITL, Election Law and Internal Affairs, SJ 1, pg. 16

 

SB 302-FN, relative to parental notification. 3/20/08, pending motion ITL, Judiciary, SJ 10, pg. 301

 

SB 304-FN-L, repealing a fee charged by the registry of deeds. 3/20/08, pending motion ITL, Finance, SJ 10, pg. 289

 

SB 306-FN, relative to allowing video gaming in Coos county, building a casino in Berlin, and establishing a fund to assist with the payment of property taxes. 3/13/08, pending motion ITL, Ways and Means, SJ 9, pg. 230

 

SB 307-FN-L, exempting Purple Heart plate recipients from number plate and registration fees. 3/13/08, pending motion OTP, Transportation and Interstate Cooperation, SJ 9, pg. 228

 

SB 330-FN, relative to video lottery machines at certain pari-mutuel facilities. 3/20/08, pending motion ITL, Ways and Means, SJ 10, pg. 296

 

SB 343-FN, (New Title) making school building aid grants available to charter schools as reimbursement for annual lease costs. 3/20/08, pending motion ITL, Finance, SJ 10, pg. 291

 

SB 380, relative to petitions for boating rules. 3/20/08, pending motion Committee Amendment (0990s), Transportation and Interstate Cooperation, SJ 10, pg. 321

 

SB 393, allowing dental hygienists to engage in independent practice. 2/14/08, pending motion ITL, Executive Departments and Administration, SJ 6, pg. 131

 

SB 411, relative to the confidentiality of health care records during the investigation of child abuse and neglect cases. 3/20/08, pending motion OTP, Judiciary, SJ 10, pg. 304

 

SB 417, relative to changes to the shoreland protection act. 3/20/08, pending motion Committee Amendment (0967s), Energy, Environment and Economic Development, SJ 10, pg. 263

 

SB 424, relative to prohibiting ATV and trail bike use on state-owned rail trails acquired using federal funds. 3/13/08, pending motion ITL, Transportation and Interstate Cooperation, SJ 9, pg. 229

 

SB 427, requiring hospitals to report on their standards and criteria for organ donations and transplants. 2/14/08, pending motion ITL, Health and Human Services, SJ 6, pg. 132

 

SB 441, relative to collective bargaining by judicial employees. 3/6/08 pending motion OTP, Executive Departments and Administration, SJ 8, pg. 180

 

SB 456, establishing a committee to study the impact of the research and development tax credit and the current cap on the credit on high technology industries and New Hampshire businesses in general. 2/14/08, pending motion Committee Amendment (0461s), Ways and Means, SJ 6, pg. 136

 

SB 469, allowing fish and game license agents to collect an additional convenience fee. 1/23/08, pending motion Committee Amendment (0134s), Wildlife, Fish and Game and Agriculture, SJ 3, pg. 79

 

SB 491, excluding the value of a view from property tax assessment. 2/14/08, pending motion ITL, Ways and Means, SJ 6, pg. 137

 

HB 456, (New Title) limiting liability for town health officers and overseers of public welfare when acting in the course of their official duties. 1/2/08, pending motion Committee Amendment (2495s), Public and Municipal Affairs, SJ 1, pg. 20

 

HB 539-FN, relative to manslaughter. 1/17/08, pending motion ITL, Judiciary, SJ 2, pg. 61

 

HB 1286-FN, relative to the licensing of mortgage bankers, mortgage brokers, and mortgage originators. 4/17/08, pending motion OTP, Commerce, Labor and Consumer Protection, SJ 13, pg. 380

 

HB 1345, (New Title) establishing a commission to study vehicle dealer licenses, dealer plates, and temporary plates. 4/24/08, pending motion ITL, Transportation and Interstate Cooperation, SJ 14, pg. TBA

 

HB 1430, relative to the application of animal cruelty laws to horse and dog race tracks. 4/24/08, pending motion ITL, Wildlife, Fish and Game and Agriculture, SJ 14, pg. TBA

 

HB 1457, (New Title) allowing smoking in cigar bars. 4/24/08, pending motion ITL, Commerce, Labor and Consumer Pretection, SJ 14, pg. TBA

 

HB 1458, relative to milk producers and hauling and stop charges. 4/17/08, pending motion ITL, Wildlife, Fish and Game and Agriculture, SJ 13, pg. 391

 

HB 1479-FN, relative to sale of tobacco products and the appeals process concerning the seizure of illegal tobacco products. 4/17/08, pending motion OTP, Ways and Means, SJ 13, pg. 390

 

HB 1581-FN-L, relative to the formation of stormwater utility districts. 4/24/08, pending motion OTP, Public and Municipal Affairs, SJ 14, pg. TBA

 

HB 1622-FN-A, allowing counties to implement a first-time offender alcohol and substance treatment program, requiring the department of justice to administer grants to counties for such program, and making an appropriation therefor. 4/17/08, pending motion Interim Study, Judiciary, SJ 13, pg. 388

REPORTS

COMMERCE, LABOR AND CONSUMER PROTECTION

HB 686-FN, (New Title) relative to the regulation of remotely readable devices and the illegal use of payment card scanning devices or reencoders.

Interim Study, Vote 6-0.

Senator Cilley for the committee.

HB 1127, relative to determining a bargaining unit in public employee labor relations.

Ought to Pass, Vote 4-2.

Senator Cilley for the committee.

HB 1174, relative to condominium association meetings.

Ought to Pass with Amendment, Vote 6-0.

Senator Reynolds for the committee.

HB 1246, relative to insurance policy denial provisions.

Ought to Pass, Vote 6-0.

Senator Cilley for the committee.

HB 1274, relative to certain securities professional designations and securities administration.

Ought to Pass with Amendment, Vote 6-0.

Senator DeVries for the committee.

HB 1279, relative to the scope of certain insurance laws.

Ought to Pass with Amendment, Vote 6-0.

Senator Reynolds for the committee.

HB 1410, (New Title) relative to youth training and employment in firefighting.

Ought to Pass, Vote 6-0.

Senator Barnes for the committee.

HB 1578-FN, relative to insurance fraud.

Ought to Pass with Amendment, Vote 6-0.

Senator Roberge for the committee.

 

EDUCATION

HB 765-FN, (New Title) establishing a committee to study the financial liability for placement of a child with a disability.

Ought to Pass with Amendment, Vote 4-0.

Senator Fuller Clark for the committee.

HB 1298-FN, making changes to the veterinary/medical/optometric education program.

Ought to Pass, Vote 5-1.

Senator Kelly for the committee.

HB 1642-FN, (New Title) providing additional funding for charter schools for the 2009 fiscal year.

Ought to Pass, Vote 6-0.

Senator Bragdon for the committee.

 

ELECTION LAW AND INTERNAL AFFAIRS

HB 683, relative to nominations by party committees.

Interim Study, Vote 4-0.

Senator Burling for the committee.

HB 1204, relative to the number of write-in votes required to receive a party's nomination.

Ought to Pass, Vote 4-0.

Senator Cilley for the committee.

HB 1227, clarifying when persons elected may assume certain offices.

Ought to Pass with Amendment, Vote 4-0.

Senator Cilley for the committee.

HB 1305-FN-L, relative to filing for election to town offices.

Ought to Pass, Vote 4-0.

Senator Letourneau for the committee.

HB 1371, extending certain studies.

Ought to Pass with Amendment, Vote 4-0.

Senator Burling for the committee.

HB 1508-FN, (New Title) relative to prohibited influence of voters and persons intending to vote and relative to the applicability of political advertising and push polling restrictions.

Ought to Pass, Vote 4-0.

Senator Burling for the committee.

HB 1526, (New Title) relative to the use of images of New Hampshire residents who died in the line of duty.

Interim Study, Vote 3-1.

Senator Burling for the committee.

HB 1576-FN, (New Title) relative to the employment of veterans on Veterans’ Day.

Interim Study, Vote 4-0.

Senator DeVries for the committee.

HCR 15, commemorating the commissioning of the USS New Hampshire.

Ought to Pass, Vote 4-0.

Senator Letourneau for the committee.

 

ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT

HB 1349, relative to membership on the council on resources and development.

Ought to Pass, Vote 5-0.

Senator Fuller Clark for the committee.

 

EXECUTIVE DEPARTMENTS AND ADMINISTRATION

HB 877-FN, relative to the state recycling program.

Ought to Pass with Amendment, Vote 3-0.

Senator Cilley for the committee.

HB 1177, relative to prohibited interests in on-premises liquor licensees.

Inexpedient to Legislate, Vote 3-0.

Senator Burling for the committee.

HB 1262, relative to continuing medical education requirements for persons licensed by the board of medicine.

Ought to Pass with Amendment, Vote 3-0.

Senator Cilley for the committee.

HB 1340, relative to the special account of the judicial retirement system.

Ought to Pass, Vote 2-0.

Senator Cilley for the committee.

HB 1402-FN, relative to community health centers.

Ought to Pass, Vote 2-0.

Senator Burling for the committee.

HB 1520-FN, allowing service in the Peace Corps to be purchased as creditable service in the retirement system.

Ought to Pass with Amendment, Vote 3-0.

Senator Kelly for the committee.

HB 1583-FN, requiring the bureau of emergency communications to develop and maintain a statewide emergency notification system.

Interim Study, Vote 3-0.

Senator Burling for the committee.

HB 1633-FN, relative to the regulation of licensed alcohol and drug use counselors.

Ought to Pass, Vote 3-0.

Senator Burling for the committee.

 

HEALTH AND HUMAN SERVICES

HB 359-FN, relative to recovery of medical assistance from an estate.

Ought to Pass, Vote 5-0.

Senator Gallus for the committee.

HB 1396-FN, relative to requiring prescriptions to be ordered pursuant to a practitioner-patient relationship.

Ought to Pass with Amendment, Vote 5-0.

Senator Estabrook for the committee.

HB 1502-FN, relative to disposal of used needles.

Interim Study, Vote 4-1.

Senator Janeway for the committee.

HB 1505-FN, establishing the New Hampshire birth conditions program.

Ought to Pass with Amendment, Vote 4-1.

Senator Sgambati for the committee.

HB 1513-FN, relative to an evidence-based prescription drug education program.

Interim Study, Vote 3-2.

Senator Janeway for the committee.

HB 1615-FN-A, (New Title) establishing the state office of rural health in the department of health and human services and establishing a commission to recommend policies and programs to increase the number of persons in health professions servicing New Hampshire’s rural and underserved areas.

Ought to Pass with Amendment, Vote 5-0.

Senator Janeway for the committee.

 

JUDICIARY

HB 595-FN, (New Title) requiring the commissioner of the department of corrections to adopt rules establishing a policy on and procedures for an internal clemency board to review and make recommendations on requests for sentence modifications.

Ought to Pass, Vote 3-0.

Senator Gottesman for the committee.

HB 632-FN, relative to the penalty for death resulting from the trafficking of controlled drugs.

Interim Study, Vote 4-0.

Senator Foster for the committee.

HB 682, (New Title) relative to guardianship of a minor.

Inexpedient to Legislate, Vote 4-0.

Senator Reynolds for the committee.

HB 702, (New Title) relative to continued jurisdiction in child protection cases.

Ought to Pass, Vote 4-0.

Senator Gottesman for the committee.

HB 1133, relative to the age of majority for purposes of pornography-related offenses.

Interim Study, Vote 4-0.

Senator Foster for the committee.

HB 1234, (New Title) establishing an affirmative defense to prosecution for a possession offense if a person has a lawful prescription for a controlled drug.

Ought to Pass, Vote 3-0.

Senator Reynolds for the committee.

HB 1243, amending the timeframes for involuntary civil commitment of sexually violent predators.

Inexpedient to Legislate, Vote 3-0.

Senator Gottesman for the committee.

HB 1257, (New Title) relative to license suspensions for persons operating under the influence of drugs.

Inexpedient to Legislate, Vote 3-0.

Senator Gottesman for the committee.

HB 1258, relative to vehicle impoundment following an arrest for DWI or refusing consent to a blood alcohol test.

Inexpedient to Legislate, Vote 3-0.

Senator Reynolds for the committee.

HB 1414-FN, increasing the fee for bail commissioners.

Ought to Pass with Amendment, Vote 4-0.

Senator Foster for the committee.

HB 1437, establishing a committee to study whether the state of New Hampshire shall establish a policy that victims of negligent or intentional tortious acts shall recover losses incurred as a result of such acts.

Inexpedient to Legislate, Vote 4-0.

Senator Reynolds for the committee.

HB 1568-FN, relative to endangering the public water supply.

Ought to Pass, Vote 2-0.

Senator Letourneau for the committee.

HB 1613-FN, making changes to certain statutes relating to crimes against children.

Interim Study, Vote 4-0.

Senator Foster for the committee.

HB 1619-FN, (New Title) requiring a report of the number of female inmates incarcerated in a state correctional facility receiving sex offender treatment.

Ought to Pass, Vote 4-0.

Senator Reynolds for the committee.

HB 1623-FN, (New Title) relative to the penalty for possession of marijuana.

Inexpedient to Legislate, Vote 4-0.

Senator Letourneau for the committee.

 

PUBLIC AND MUNICIPAL AFFAIRS

HB 1226, allowing the town of Bristol to establish a capital reserve fund for use of the water works and sewer department.

Ought to Pass with Amendment, Vote 4-0.

Senator Barnes for the committee.

HB 1573-FN-L, relative to hazardous and dilapidated buildings.

Ought to Pass with Amendment, Vote 6-0.

Senator Sgambati for the committee.

 

TRANSPORTATION AND INTERSTATE COOPERATION

HB 781-FN, relative to the duties of the department of safety.

Ought to Pass with Amendment, Vote 4-0.

Senator Letourneau for the committee.

HB 901, (New Title) relative to nondriver’s identification cards.

Ought to Pass, Vote 4-0.

Senator Kelly for the committee.

HB 1165, relative to department of transportation traffic control regulations.

Ought to Pass, Vote 2-0.

Senator Clegg for the committee.

HB 1228, relative to sales of motor fuel by the department of transportation to certain nonprofit corporations.

Ought to Pass, Vote 2-0.

Senator Clegg for the committee.

HB 1456, naming route 202 in Strafford county the Charles E. Smith Memorial Highway.

Ought to Pass, Vote 3-0.

Senator DeVries for the committee.

HB 1590-FN, (New Title) establishing a DWI victim fatality sign program.

Interim Study, Vote 3-0.

Senator DeVries for the committee.

HB 1610-FN, relative to motor carriers.

Ought to Pass with Amendment, Vote 5-0.

Senator Letourneau for the committee.

HB 1641-FN, relative to collections and refunds of road tolls.

Ought to Pass, Vote 4-1.

Senator Clegg for the committee.

 

WAYS AND MEANS

HB 1302-FN, relative to enforcement of gambling laws.

Ought to Pass with Amendment, Vote 5-0.

Senator Downing for the committee.

HB 1303-FN, relative to limiting games of chance.

Ought to Pass with Amendment, Vote 5-0.

Senator Reynolds for the committee.

HB 1309-FN-A, relative to the definition of "cigarette".

Ought to Pass, Vote 3-2.

Senator Odell for the committee.

HB 1585-FN, relative to regulation of fuel gas fitters by the state fire marshal.

Ought to Pass with Amendment, Vote 5-0.

Senator D'Allesandro for the committee.

HB 1603-FN-A, establishing a penalty for payment of a state obligation with an invalid form of payment.

Ought to Pass, Vote 5-0.

Senator Reynolds for the committee.

AMENDMENTS

Senate Education

April 22, 2008

2008-1461s

04/05

 

 

 

Amendment to HB 765-FN

 

 

Amend section 2 of the bill by replacing subparagraph I(a) with the following:

 

                  (a)  One member of the house of representatives, appointed by the speaker of the house of representatives.

 

Amend the bill by replacing section 4 with the following:

 

      ­4  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the house member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Three members of the committee shall constitute a quorum.

 

 

Transportation and Interstate Cooperation

April 18, 2008

2008-1406s

09/04

 

 

 

Amendment to HB 781-FN

 

 

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

 

AN ACT     relative to the duties of the department of safety and relative to emergency lights and warning lights.

 

Amend the bill by replacing all after section 11 with the following:

 

      ­12  New Subdivision; Emergency Lights and Warning Lights.  Amend RSA 266 by inserting after section 78 the following new subdivision:

Emergency Lights and Warning Lights

      266:78-a  Definitions.

            I.  In this section:

                  (a)  “Emergency light” means a steady burning, oscillating, rotating, or flashing red or blue colored light.

                  (b)  “Warning light” means a steady burning, oscillating, rotating, or flashing amber light or arrow board or white colored light.

            II.  Original equipment or aftermarket amber or white directional signals and red tail lamps and stop lamps used to signal turns and as hazard warning lamps shall be excluded from the definition of emergency lights and warning lights.

      266:78-b  Blue Lights Restricted to Law Enforcement.

            I.  No person other than a sworn law enforcement officer with power of arrest shall operate a vehicle equipped with blue colored lights, except in the case of a service technician driving the vehicle in connection with servicing or maintaining the vehicle.

            II.  Blue lights are authorized for vehicles owned or leased by state, county, municipal, or federal law enforcement agencies, fire marshal vehicles, and vehicles privately owned or leased by sworn law enforcement officers when authorized by their department heads.  When blue colored lights are installed on a private vehicle owned by or leased to a law enforcement officer, such lights shall be covered when the vehicle is being driven by someone other than a law enforcement officer.

      266:78-c  Red Lights Restricted to Police, Fire, and Rescue Vehicles.  No person other than those authorized in this section shall operate a vehicle equipped with red colored emergency lights.  Red lights are authorized for the following vehicles:

            I.  Emergency response vehicles owned or leased by municipal, village district, or federal fire departments and forestry departments.

            II.  Vehicles privately owned or leased by full-time or volunteer firefighters employed by municipal, village district, or federal fire departments and forestry departments or forest fire wardens and deputy wardens when authorized by their department heads.

            III.  Licensed public or private ambulances and emergency medical response and rescue vehicles, and members of licensed ambulance and emergency medical response and rescue crews when authorized by their employers.

            IV.   Federal or state emergency management response vehicles, airport authority emergency response vehicles, and government vehicles used in response to reports of emergencies resulting from actual or potential releases, spills, or leaks of or other exposure to hazardous substances.

            V.  Hospital emergency personnel with a permit from the commissioner of safety issued under rules adopted pursuant to RSA 541-A, relative to the qualifications and conditions of such a permit and grounds for revoking it.

            VI.  Red lights as part of, but not in place of, the emergency warning systems of police vehicles.

      266:78-d  Additional Lights Approved for Police, Fire, and Rescue Vehicles.  Police, fire, and emergency medical response vehicles, in addition to but not in place of the lights authorized by RSA 266:78-b and RSA 266:78-c, may be equipped with light bars containing one or more amber warning lights or amber arrow boards.

      266:78-e  Other Flashing Lamps Prohibited.  Only authorized emergency vehicles may be equipped with a device that provides for alternate flashing of headlamps, alternate flashing of a vehicle’s corner marker lamps, brake or tail lamps, or rear directional lamps and backup lights, or with strobe lights behind the brake lenses or parking lamps.

      266:78-f  Use of Lights by Law Enforcement.  Law enforcement officers shall only illuminate emergency lights and warning lights when in pursuit or stopping a violator, when responding to but not returning from an emergency call for service, when conducting an escort, or when parked on or adjacent to the highway to warn other traffic of a hazard or obstruction.  No person other than a sworn law enforcement officer shall drive a vehicle with a blue light or lights in operation.

      266:78-g  Use of Lights by Fire, Rescue, and Emergency Response Personnel.  Police, fire, ambulance, and rescue vehicles, and other vehicles authorized under RSA 266:78-c shall only illuminate emergency lights and warning lights when responding to but not returning from an actual or reported emergency, transporting a patient to a hospital for emergency treatment, or when parked at the scene of an emergency for purposes of warning approaching traffic.  Fire apparatus and ambulances may also illuminate emergency lights and warning lights while parking or backing the vehicle to access a garage housing the apparatus or when serving as a mobile command post to designate the location of the command post.  No persons other than emergency response personnel shall drive a vehicle with red emergency lights in operation.

      266:78-h  Amber Warning Lights Authorized for Certain Vehicles.  No person other than those authorized in this section or in RSA 266:78-c shall operate a vehicle equipped with amber colored warning lights.  Amber warning lights are authorized for the following vehicles:

            I.  Vehicles owned by or leased to state, county, or municipal public works departments and used to maintain the highways including, but not limited to, pickup trucks, snow plows, graders, loaders, sand trucks, sweepers, and tar trucks.

            II.  Vehicles used by telephone, electrical, and cable utilities and tree services for maintenance of utility, sewer, and water lines.

            III.  United States Postal Service delivery vehicles.

            IV.  Wreckers and emergency highway service vehicles.

            V.  Vehicles escorting oversize loads.

            VI.  Privately owned vehicles used for snow removal on or adjacent to ways.

            VII.  Refuse collection vehicles and compacters.

            VIII.  Vehicles owned by or leased to contractors and construction companies and regularly used to provide warning of road obstructions or hazards at road or utility construction sites.

            IX.  Such other vehicles as may be authorized by the director.

      266:78-i  Use of Amber Lights.  Vehicles authorized to use amber colored warning lights authorized by RSA 266:78-h shall only illuminate the warning lights when their duties require them to be stopped or parked on or immediately adjacent to a way at a road, water, or sewer line construction or maintenance site in a manner that may impede or cause a hazard to traffic, when actively engaged in the delivery of United States mail, or when actively engaged in snow removal or ice treatment or when entering or leaving a way during plowing operations, or during repair or placement of official traffic control devices, pavement marking, or escorting an oversize load or slow moving vehicle.

      266:78-j  Wing Lights on Snowplows.  Snowplows may use amber or white wing lights to illuminate the wings of the snowplow when the plow is in operation.  A white or amber light mounted on or adjacent to a salt or sand spreader may be used when the spreader is in operation.

      266:78-k  School Buses.  School buses shall be equipped with warning lights and stop signals only as provided in RSA 266:39.

      266:78-l Private Security Vehicles.  Vehicles owned by or leased to licensed public or private security services but not personally owned vehicles of security guards may be equipped with amber or green warning lights, which shall only be illuminated when patrolling a shopping center or mall parking lot or other private premises or if stopped in a hazardous location for the purposes of warning approaching traffic.

      266:78-m  Funeral Escort and Lead Vehicles.   Funeral escort and lead vehicles may be equipped with purple warning lights only as provided in RSA 265:156.

      266:78-n  Parade Use.  Vehicles operating in a parade or celebration may display emergency lights or warning lights.

      266:78-o  Emergency and Warning Lights; Duties of Official Inspection Stations.

            I.  Official inspection stations shall not issue an inspection sticker to a vehicle equipped with emergency lights or warning lights except as authorized in this subdivision.  No permit shall be required for such lights if equipped in accordance with this subdivision.

            II.  Public safety and emergency medical personnel presenting their privately owned vehicles for inspection shall present to the person conducting the inspection an official departmental photo identification or an official identification card or badge from their department.  A letter on official stationery from their employer signed by the head of the organization authorizing the lights shall be carried in the vehicle and displayed to any law enforcement officer upon request.  Failure to display such authorization shall be prima facie evidence that the vehicle was equipped in violation of this subdivision.

            III.  The commissioner of safety, by rule adopted pursuant to RSA 541-A, may determine the location and method of use of emergency lights and warning lights.

      266:78-p  Revocation of Privilege.  The use of emergency lights or warning lights on personally owned or leased vehicles of public safety personnel may be revoked at any time by their department heads or emergency response employers by notifying the person in writing with a copy to the director.  The director, upon a finding after a hearing that any user of emergency lights or warning lights has violated this subdivision, may revoke the authority to equip a vehicle with emergency lights or warning lights.

      266:78-q  Penalties.  Any person convicted of a violation of this subdivision shall, notwithstanding the provisions of title LXII, be guilty of a violation and fined not less than $250 nor more than $500 plus penalty assessment for a first offense and not less than $500 nor more than $1,000 plus penalty assessment for a second offense, and any person knowingly or purposely using blue lights to commit a crime punishable as a misdemeanor shall be guilty of a misdemeanor, and any person knowingly or purposely using blue lights to commit a crime punishable as a felony shall be guilty of a class B felony.  The director or the court may suspend or revoke for a period of not less than 30 days the license or driving privilege of any person convicted of violating this subdivision.

      ­13  Reference Change.  Amend RSA 21-P:14, V(s) to read as follows:

                   (s)  Issuance of permits for emergency lights for hospital emergency personnel pursuant to RSA [266:74-a] 266:78-c, V.

      ­14  Reference Change.  Amend RSA 265:6-a, II to read as follows:

            II.  The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays emergency lights as authorized under RSA [266:74] 266:78-a through RSA 266:78-q.

      ­15  Reference Change.  Amend RSA 266:109, II(c)  to read as follows:

                  (c)  Such emergency lights shall comply with the provisions of RSA [266:74] 266:78-a through RSA 266:78-q and any rules adopted thereunder pursuant to RSA 541-A.

      ­16  Repeal.  The following are repealed:

            I.  RSA 21-I:13, XII, relative to clerical support by the department of administrative services for the enhanced 911 commission.

            II.  RSA 21-P:7-a, relative to the deputy director of state police.

            III.  RSA 21-P:12-f, relative to the division of information technology.

            IV.  RSA 106-H:6, II, relative to inclusion of the budget for the enhanced 911 system with the department of administrative services budget.

            V.  RSA 149-H, relative to the hazardous materials transportation advisory board.

            VI.  RSA 266:74, relative to emergency lights.

            VII.  RSA 266:74-a, relative to emergency lights for hospital emergency personnel.

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

2008-1406s

 

AMENDED ANALYSIS

 

      This bill:

 

      I.  Requires certain agency reports to be filed with the legislature in addition to the governor and council, and requires the department of safety to file its report annually rather than biennially.

 

      II.  Clarifies that the department of safety’s responsibilities include administration of motor vehicle road toll laws, homeland security and emergency management; enhanced 911 services, and firefighter training.

 

      III.  Repeals the hazardous materials transportation safety board and establishes the hazardous materials transportation advisory committee.

 

      IV.  Amends references to the department of administrative services in the statutes governing the enhanced 911 system, which is now within the department of safety.

 

      V.  Removes term limits for members of the motor vehicle industry board.

 

      VI.  Authorizes the department of safety to charge a penalty for late payment of the surcharge for the enhanced 911 system fund.

 

      VII.  Revises provisions regarding emergency lights and warning lights.

 

 

Senate Executive Departments and Administration

April 22, 2008

2008-1453s

06/09

 

 

 

Amendment to HB 877-FN

 

 

Amend RSA 9-C:6 as inserted by section 1 of the bill by replacing it with the following:

 

      9-C:6  Fund Established.  There is established in the office of the state treasurer a nonlapsing fund to be known as the state recycling fund to be administered by the director of the division, which shall be kept distinct and separate from all other funds.  All moneys in the state recycling fund shall be continually appropriated to the commissioner of administrative services for the purpose of paying division costs in administering this chapter, providing state agencies with needed equipment and supplies for recycling, or to offset any costs associated with providing recycled materials pickup service.  The treasurer shall deposit all donations received under RSA 9-C:7, I in the state recycling fund.

 

 

Sen. Reynolds, Dist. 2

April 22, 2008

2008-1449s

05/04

 

 

 

Amendment to HB 1174

 

 

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

 

AN ACT     establishing a commission to study RSA 356-B, the condominium act.

 

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

 

      ­1  Commission Established.  There is established a commission to study RSA 356-B, the condominium act.

      ­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)  Two members of the house of representatives, appointed by the speaker of the house of representatives.

                  (c)  One member of the New Hampshire Board of Realtors, appointed by the board.

                  (d)  One member of a condominium association interest group, appointed by the president of the senate.

                  (e)  Two members of the public, one of whom is a member of a condominium association, appointed by the governor.

                  (f)  A representative of the consumer protection and antitrust bureau of the department of justice, appointed by the attorney general.

            II.  Members of the commission shall serve without compensation, except that legislative members shall receive mileage at the legislative rate when attending to the duties of the commission.

      ­3  Duties.  The commission shall study the scope and application of RSA 356-B, the condominium act, including the adequacy of notice and disclosure requirements for meetings of the governing body of the unit owners’ association.

      ­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 senate member.  The first meeting of the commission shall be held within 45 days of the effective date of this section.  Five members of the commission shall constitute a quorum.

      ­5  Report.  The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2008.

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

2008-1449s

 

AMENDED ANALYSIS

 

      This bill establishes a commission to study the condominium act.

 

 

Public and Municipal Affairs

April 23, 2008

2008-1473s

08/10

 

 

 

Amendment to HB 1226

 

 

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

 

AN ACT     allowing the town of Bristol to establish a capital reserve fund for use of the water works and sewer department, and relative to applying municipal budget law to municipalities adopting, revising, or amending a charter by official ballot town meeting or town council.

 

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 4:

 

      ­2  Municipal Charters; Severability.  Amend RSA 49-B:13, III to read as follows:

            III.  RSA 32 shall not apply to a municipality adopting, revising, or amending a charter under RSA 49-C or RSA 49-D unless that municipality adopts a budgetary town meeting, official ballot town meeting, an official ballot town council, or representative town meeting pursuant to RSA 49-D:3, I-a, II, II-a and III.

      ­3  Budget Committee; Adoption.  Amend RSA 32:14, I(a) to read as follows:

                  (a)  By any town with a town meeting form of government, including those with a budgetary town meeting official ballot town meeting, or representative town meeting pursuant to RSA 49-D:3, II, II-a, and III, or by a town with an official ballot town council form of government all of the annual town operating budget is voted upon by official ballot;

2008-1473s

 

AMENDED ANALYSIS

 

      This bill allows the town of Bristol to establish a capital reserve fund for use of the water works and sewer department.

 

      This bill applies municipal budget law to municipalities adopting, revising, or amending a charter by official ballot town meeting or town council.

 

 

 

Election Law and Internal Affairs

April 23, 2008

2008-1484s

03/05

 

 

 

Amendment to HB 1227

 

 

Amend the bill by replacing sections 1-2 with the following:

 

      ­1  Swearing in of Town Officers.  RSA 42:3 is repealed and reenacted to read as follows:

      42:3  Swearing in of Officers.  Any person elected to an office where no other person was a candidate on the ballot for that office and no write-in candidate received 5 percent or more of the votes cast for that office, may be sworn in after the results are declared from the election and the annual business meeting has ended or at any time no later than 30 days following the election.  If no recount of the office is requested, any person elected to an office that was contested or for which a write-in candidate received 5 percent or more of the votes cast may be sworn in upon the expiration of the period for requesting a recount provided in RSA 669:30.

      ­2  Town Elections; Recounts; Declaration of Results.  RSA 669:34 is repealed and reenacted to read as follows:

      669:34  Declaration of Results.

            I.  Upon completion of the recount, the board of recount shall publicly declare the results and certify such declaration to the town clerk.

            II.  The town clerk shall record the certificate received under paragraph I; and the person so declared to have been elected shall, unless the result is changed upon appeal to the superior court, be the duly elected officer of such town.

            III.  A person declared elected at the election whose election is affirmed by the recount may take the oath of office and assume office at any time following declaration of the results of the recount, provided the oath is taken no later than 30 days following the election.

            IV.  When a different person is declared elected following the recount, if no appeal is taken that person may take the oath of office and assume office on or after the sixth day following the date of the recount.

            V.  If a different person is declared elected following the recount, and an appeal is taken, that person may not assume office until the superior court has issued a final ruling on the appeal.  The person holding the office prior to the election shall continue to hold the office until a successor is declared elected by the superior court and the person declared elected by the court takes the oath of office.

            VI.  When an appeal involves a multi-seat office, every declared candidate for that office and any write-in candidate who received 5 percent or more of the votes cast shall be entitled to notice of the appeal and may choose to become a party to the appeal.  When ruling on an appeal involving an election where voters elected more than one person to a multi-seat office, the court may remove from office any person who was declared elected at the election and at the recount who has already taken the oath of office and assumed office if the court determines that it is more likely than not that a different person was elected to that seat.  The validity of any actions taken by a person who assumes office pursuant to this section and is later removed as a result of an appeal may not be challenged on the basis that the person was subsequently removed as a result of the appeal.

 

 

Senate Executive Departments and Administration

April 22, 2008

2008-1459s

10/05

 

 

 

Amendment to HB 1262

 

 

Amend RSA 329:16-g as inserted by section 1 of the bill by replacing it with the following:

 

      329:16-g  Continuing Medical Education Requirement.  As a condition of renewal of license, the board shall require each licensee to show proof at [least] every [3 years] biennial license renewal that the licensee has completed [an] 100 hours of approved continuing medical education program within the preceding [3] 2 years.  For the purposes of this section, an approved continuing medical education program is a program designed to continue the education of the licensee in current developments, skills, procedures, or treatment in the licensee's field of practice, which has been certified by a national, state, or county medical society or college or university approved by the board.  There shall be a complete audit of all continuing education credits annually by the New Hampshire Medical Society until January 1, [2007] 2017, and by the board or their designee thereafter.  [The board shall accept verification of continuing medical education for licensees from the New Hampshire Medical Society until January 1, 2007].  Each licensee shall submit a continuing medical education report using a form provided by the board or their designee. The board, or their designee, shall collect, review, verify, and maintain the continuing medical education documentation of each licensed physician and shall prepare a written report which records the credits awarded to each licensee during the 2-year period applicable to each licensee. Each licensee shall provide copes of continuing medical education course certificates earned by the licensee and other documents which establish that continuing medical education course requirements have been met.  The fee charged to licensees for continuing medical education verification shall not exceed 125 percent of the actual cost of providing the service.  The New Hampshire Medical Society is prohibited from using any information from this program for promotional purposes or any other purpose not necessary for continuing education verification.

2008-1459s

 

AMENDED ANALYSIS

 

      This bill requires that continuing medical education requirements for physicians be completed every 2 years at the biennial license renewal, and extends the auditing of continuing education credits by the New Hampshire Medical Society.

 

 

 

Commerce, Labor, and Consumer Protection

April 22, 2008

2008-1469s

08/09

 

 

 

Amendment to HB 1274

 

 

Amend the bill by replacing section 1 with the following:

 

      ­1  New Paragraph; Securities; Prohibited Activities.  Amend RSA 421-B:6 by inserting after paragraph VII the following new paragraph:

            VII-a.(a)  The use of a senior-specific certification or designation by any person in connection with the offer, sale, or purchase of securities, or the provision of advice as to the value of, or the advisability of investing in, purchasing, or selling securities, either directly or indirectly or through publications or writings, or by issuing or promulgating analyses or reports relating to securities, that indicates or implies that the user has special certification or training in advising or servicing senior citizens or retirees, in such a way as to mislead any person shall be a dishonest and unethical practice in the securities business within the meaning of RSA 421-B:10, I(b)(7).  The prohibited use of such certifications or professional designation includes, but is not limited to, the following:

                        (1)  Use of a certification or professional designation by a person who has not actually earned, or is otherwise ineligible to use such certification or designation;

                        (2)  Use of a nonexistent or self-conferred certification or professional designation;

                        (3)  Use of a certification or professional designation that indicates or implies a level of occupational qualifications obtained through education, training, or experience that the person using the certification or professional designation does not have; and

                        (4)  Use of a certification or professional designation that was obtained from a designating or certifying organization that:

                              (A)  Is primarily engaged in the business of instruction in sales or marketing;

                              (B)  Does not have reasonable standards or procedures for assuring the competency of its designees or certificants;

                              (C)  Does not have reasonable standards or procedures for monitoring and disciplining its designees or certificants for improper or unethical conduct; or

                              (D)  Does not have reasonable continuing education requirements for its designees or certificants in order to maintain the designation or certificate.

                  (b)  There is a rebuttable presumption that a designating or certifying organization is not disqualified solely for purposes of RSA 421-B:6, VII-a(a)(4) when the organization has been accredited by: 

                        (1)  The American National Standards Institute; or

                        (2)  The National Commission for Certifying Agencies; or

                        (3)  An organization that is on the United States Department of Education’s list entitled “Accrediting Agencies Recognized for Title IV Purposes” and the designation or credential issued therefrom does not primarily apply to sales and/or marketing.

                  (c)  In determining whether a combination of words or an acronym standing for a combination of words constitutes a certification or professional designation indicating or implying that a person has special certification or training in advising or servicing senior citizens or retirees, factors to be considered shall include:

                         (1)  Use of one or more words such as “senior,” “retirement,” “elder,” or like words, combined with one or more words such as “certified,” “registered,” “chartered,” “adviser,” “specialist,” “consultant,” “planner,” or like words, in the name of the certification or professional designation; and

                              (2)  The manner in which those words are combined.

                  (d)  For purposes of this subparagraph “financial services regulatory agency” includes, but is not limited to, an agency that regulates broker-dealers, investment advisers, or investment companies as defined under the Investment Company Act of 1940.  For the purposes of this paragraph, a certification or professional designation does not include a job title within an organization that is licensed or registered by a state or federal financial services regulatory agency, when that job title:

                              (1) Indicates seniority or standing within the organization; or

                              (2) Specifies an individual’s area of specialization within the organization.

                  (e)  Nothing in this paragraph shall limit the secretary of state’s authority to enforce existing provisions of law. 

 

Amend the bill by inserting after section 3 the following and renumbering the original section 4 to read as 5:

 

      ­4  Investigations and Subpoenas.  Amend RSA 421-B:22, IV to read as follows:

            IV.  In any investigation to determine whether any person has violated or is about to violate this title or any rule or order under this title, upon the secretary of state's prevailing at hearing, or the person charged with the violation being found in default, or pursuant to a consent order issued by the secretary of state, the secretary of state shall be entitled to recover the costs of the investigation, and any related proceedings, including reasonable attorney’s fees, in addition to any other penalty provided for under this chapter.

2008-1469s

 

AMENDED ANALYSIS

 

      This bill:

 

      I. Prohibits certain activities for certain securities professionals.

 

      II.  Allows the secretary of state to bar a person from licensure.

 

      III.  Allows the secretary of state to send letters of censure, caution, warning, or admonition.

 

      VI. Prohibits certain activities related to certification or professional designation.

 

      This bill is a request of the secretary of state.

 

 

 

 

Commerce, Labor, and Consumer Protection

April 22, 2008

2008-1468s

01/09

 

 

 

Amendment to HB 1279

 

 

Amend the bill by replacing section 3 with the following:

 

      ­3   Prohibited Acts and Terms.  Amend RSA 415-C:7 to read as follows:

      415-C:7  Prohibited Acts and Terms. 

            I.  No obligor, its designee, or any other representative of an obligor, including a seller or administrator, shall [make, publish, display, print, distribute, issue, circulate, advertise, or place before the public, or cause directly or indirectly, any of the foregoing, in any manner whatsoever any statement or representation that] in connection with the sale, offer to sell, or advertisement of any benefits, advantages, conditions, terms, or services available under a consumer guaranty contract:

                   (a)  [Is false or misleading in connection with the sale, offer to sell, advertisement, benefits, advantages, conditions, terms, or services available under a consumer guaranty contract.] Make, publish, print, distribute, issue, circulate, advertise, or place before the public, any statement or representation that is false or misleading;

                  (b)  [Permits or causes the omission of a] Mislead by permitting or causing the omission of a material statement [in connection with the sale, offer to sell, advertisement, benefits, advantages, conditions or terms of a contract] that under the circumstances should have been made in order to make the statements that were made not misleading.

                  (c)  [Represents or makes the purchase of] Require the purchase of a consumer guaranty contract or represent that the purchase is mandatory.

                   (d)  [Has the effect of creating or maintaining] Create or maintain  a fraud.

             (e)  [Uses] Use  in its name the words insurance, casualty, guaranty, surety, mutual, or any other words descriptive of the insurance, casualty, guaranty or surety business; or a name deceptively similar to the name or description of any insurance or surety corporation, or any other obligor. This section shall not apply to a company that was using any of the prohibited language in its name prior to the effective date of this chapter. However, a company using the prohibited language in its name shall conspicuously disclose in its consumer guaranty contracts a statement substantially as follows: "This agreement is not an insurance contract.''

                  (f)  Fail to act promptly upon communications with respect to claims arising under a consumer guaranty contract.

                  (g)  Fail to effectuate fair and equitable settlements or compromises of claims in which liability has become reasonably clear.

                  (h)  Unfairly discriminate based solely on age, place or area of residence, race, color, creed, national origin, ancestry, marital or civil union status, lawful occupation including military service, gender, religion, or blindness or other disability.

            II.  An obligor shall not make, permit, or cause any practice that:

                   (a)  Fails to perform the services promised under the contract in a timely, competent, or workmanlike manner; or

                  (b)  Has the effect of creating or maintaining a fraud.

            III.  No consumer guaranty contract issued, sold, or covering property located in this state shall provide that:

                   (a)  The consumer is not a party to the contract;

                   (b)  The obligor has no liability to the consumer;

                   (c)  The consumer does not have the right to bring an action to enforce the terms of the contract or otherwise challenge the denial of a claim which the consumer believes is wrongful, subject to the provisions or any alternative dispute resolution procedure specified in the consumer guaranty contract; or

                   (d)  Any civil action or alternative dispute resolution procedure brought in connection with the consumer guaranty contract shall be brought in the courts of a jurisdiction other than New Hampshire.

             IV.  Nothing in this chapter shall be construed to impair or in any way affect any rule or law applicable to or governing consumer guaranty contracts.

            [V.  No violation of this chapter shall of itself be deemed to create any cause of action in favor of any person other than the commissioner; but nothing in this chapter shall impair the right of any person to seek redress at law or in equity for any conduct for which action may be brought.]

 

Amend the bill by inserting after section 5 the following and renumbering the original section 6 to read as 7:

 

      ­6  New Section; Action Against an Obligor, Designee, or Representative of an Obligor.  Amend RSA 415-C by inserting after section 10 the following new section:

      415-C:10-a  Action Against An Obligor, Designee or Representative of an Obligor.

            I.  When an obligor, its designee, or any other representative of an obligor, including a seller or administrator, in any action or proceeding brought by the insurance commissioner has been found to be in violation of this chapter or has been ordered to cease and desist, and said finding or order has become final, any consumer claiming to be adversely affected by the act or practice giving rise to such finding or order, and to whom restitution has not been provided under RSA 415-C:10, IV or to whom the obligor, its designee or representative has not made voluntary restitution acceptable to the consumer within 30 days of the finding or order, may bring suit against said obligor to recover such damages or loss that have been suffered by him or her because of such action or practice.

            II.  For the sole purposes of providing the consumer with the procedural rights set forth under RSA 541 and RSA 541-A, failure of the commissioner to take action under RSA 415-C:10 within 120 days from the date of the receipt of a complaint from an alleged injured person shall constitute a finding that the alleged act or practice is not in violation of this chapter.  This finding may be appealed in accordance with RSA 541.  If upon appeal the decision of the commissioner is not upheld, the consumer may proceed under RSA 415-C:10-a, I.  This provision shall not bar the commissioner from bringing an enforcement action for violation of this chapter more than 120 days after receipt of a complaint.

 

 

Senate Ways and Means

April 15, 2008

2008-1359s

08/04

 

 

 

Amendment to HB 1302-FN

 

 

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

 

      ­1  License Applications; Charitable Organizations.  Amend RSA 287-D:2-a, II(f) to read as follows:

                  (f)  If any of the proposed games are to be held in a location licensed pursuant to RSA 287-D:2-a, VI, the name and address of the person or business from whom the space is being rented or permission for use has been granted.

      ­2  License Applications.  Amend RSA 287-D:2-a, V(c) to read as follows:

                  (c)  That neither the applicant nor any person who will be participating in the operation of the games of chance has, in any jurisdiction, been convicted of a felony or class A misdemeanor within the previous 10 years which has not been annulled by a court or a class B misdemeanor [involving falsehood or dishonesty] within the previous 5 years which has not been annulled by a court, or has violated any statutes or rules governing charitable gambling.

      ­3  License Applications Charitable Organizations.  Amend RSA 287-D:2-a, VI to read as follows:

            VI.  If a charitable organization intends to lease or rent premises for the conduct of any game of chance from an entity other than a charitable organization or governmental subdivision, the entity leasing or renting out or otherwise allowing a charitable organization to use the premises shall be licensed by the pari-mutuel commission.  Any entity other than a charitable organization or governmental subdivision with a facility at which games of chance are held for no more than 4 game dates per calendar year shall be exempt from the licensing requirement of this paragraph.  The license shall be applied for by filing an application supplied by the pari-mutuel commission.  The pari-mutuel commission may issue a license for a period of one year which shall expire on June 30 of each year unless sooner revoked or suspended for just cause by the pari-mutuel commission.

      ­4  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).

      ­5  License Applications.  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 a Saturday, prior to noon on a Sunday, or after 1:00 a.m. on any day.

      ­6  License Applications.  Amend RSA 287-D:2-b, VI to read as follows:

            VI.  Subject to the provisions of RSA 287-D:8, II, no person who has in any jurisdiction, been convicted of a felony or class A misdemeanor within the previous 10 years which has not been annulled by a court, or a class B misdemeanor within the past 5 years which has not been annulled by a court, or who has violated any of the statutes or rules governing charitable gambling in the past [in this or any other state] shall operate a game of chance licensed under this chapter, or rent, lease, sublease, or otherwise provide any hall or game of chance paraphernalia for the conduct of games of chance licensed under this chapter.

      ­7  Operation of Games.  RSA 287-D:2-b, VIII is repealed and reenacted to read as follows:

            VIII.(a)  On game dates where the charitable organization operates the games, the charitable organization shall deposit cash and proceeds from a game of chance into the account required by RSA 287-D:2-a, VII(e).  All expenses, including prizes of more than $500 and equipment and hall rental fees shall be paid by check from the account required by RSA 287-D:2-a, VII(e).  The treasurer of the charitable organization shall document all prizes awarded as prescribed in rules adopted by the pari-mutuel commission.

                  (b)  On game dates where the licensed game operator operates the games, the licensed game operator shall deposit cash and proceeds from a game of chance into the account required by RSA 287-D:2-c, VI.  All expenses, including prizes of more than $500 and equipment and hall rental fees shall be paid by check from the account established in RSA 287-D:2-c, VI.  The licensed game operator shall document all prizes awarded as prescribed in rules adopted by the pari-mutuel commission.

      ­8  Licensing of Game Operators.  Amend  RSA 287-D:2-c, II to read as follows:

            II.  Applications for individual game operators and for game operator employers shall be made only on the forms supplied to the game operator by the pari-mutuel commission including, at a minimum, the following information as applicable, provided that the pari-mutuel commission may, by rule, establish additional items to be submitted on the application form or attached to it:

                  (a)  The name and social security number of the game operator or for an organization the name and federal tax identification number.  The pari-mutuel commission shall not disclose any social security number submitted.

                  (b)  The name of the game operator’s employer and the employer’s address and telephone number.

                  (c)  A list of the games of chance in which the game operator will participate including the date of the game, the location of the game, and the charitable organization holding the game.

                  (d)  A list of any other states in which the game operator has been registered or licensed as a professional fundraiser, professional game operator, or other similar position.

                  (e)  Whether a registration or license listed in subparagraph (d) has been denied, suspended, revoked, or enjoined by a court or state agency, or if such proceedings are pending; [and]

                  (f)  The names and addresses of any individuals with whom the applicant is affiliated in the fundraising or game operating business; and

                  (g)  The name of the financial institution with at least one branch in New Hampshire and the corresponding bank account number for the account in which money from the game of chance will be deposited and withdrawn.

      ­9  Licensing of Game Operators.  Amend RSA 287-D:2-c, III(b) to read as follows:

                  (b)  Has submitted a background and criminal record check pursuant to RSA 287-D:8; and

      ­10  Licensing of Game Operators.  Amend RSA 287-D:2-c, V to read as follows:

            V.  The game operator or the game operator’s employer shall submit a [$20,000] bond to the pari-mutuel commission in an amount up to $300,000 as determined by the pari-mutuel commission.  Such bond shall be included with the application form.

      ­11  New Paragraphs; Licensing of Game Operators.  Amend RSA 287-D:2-c by inserting after paragraph V the following new paragraphs:

            VI.  To be eligible for licensure under this chapter, a licensed game operator shall maintain an account at a financial institution with at least one branch in New Hampshire solely in the name of the licensed game operator in which the money from games of chance shall be deposited and withdrawn.

            VII.  Game operators who operate games of chance on behalf of a charitable organization shall be responsible for all requirements that the charitable organization would otherwise be responsible for if they were operating the games of chance themselves.

      ­12  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.  Only one license shall be issued to each applicant per year.  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.

      ­13  New Paragraph; License Fees and Specifications.  Amend RSA 287-D:2-d by inserting after paragraph VI the following new paragraph:

            VII.  Any game operator licensed pursuant to RSA 287-D:2-c shall be issued, as part of the yearly license, an identification badge by the pari-mutuel commission.  The fee for such badge shall be established by the commission.  The commission shall adopt rules pursuant to RSA 541-A to specify badge requirements.

      ­14  Equipment; Inspection.  Amend RSA 287-D:3, II to read as follows:

            II.  [Any and] All devices and equipment used to conduct said games of chance shall be subject to inspection by duly authorized law enforcement or pari-mutuel officials.

      ­15  New Paragraphs; Penalties.  Amend RSA 287-D:6 by inserting after paragraph III the following new paragraphs:

            IV.  The 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 commission may impose an administrative fine scaled to reflect the violator’s prior history and the scope and severity of the violation, after notice and an opportunity for a 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 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 commission shall be determined as follows:

                  (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 commission may assess an additional fine.

            VI.  All fines imposed by the commission shall be deposited in the fund established pursuant to RSA 284:21-j.

      ­16  New Paragraphs; Rulemaking.  Amend RSA 287-D:1-b by inserting after paragraph XII the following new paragraphs:

            XII-a.  Administrative orders and fines pursuant to RSA 287-D:6.

            XII-b.  Badge specifications, requirements and fees pursuant to RSA 287-D:2-d, VII.

            XII-c.  Game operator fees pursuant to RSA 287-D:2-d, III.

      ­17  Background Check.  Amend RSA 287-D:8, II to read as follows:

            II.  Upon receipt of an applicant’s criminal record information, the pari-mutuel commission shall make a determination of eligibility for licensure and whether the applicant is fit to be associated with games of chance in New Hampshire.

      ­18  Federal Background Check.  Amend RSA 287-D:8, III to read as follows:

            III.  [All applicants shall also be subject to a background check by the pari-mutuel commission to determine if they are eligible for licensure under this chapter.]  Every applicant shall submit to the pari-mutuel commission a notarized criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the pari-mutuel commission.

            IV.  The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the pari-mutuel commission may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

            V.  The pari-mutuel commission shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation.  Upon completion of the records check, the division of state police shall release copies of the criminal history records to the pari-mutuel commission.  The pari-mutuel commission shall maintain the confidentiality of all criminal history records information received pursuant to this section.

            VI.  The pari-mutuel commission shall bill the applicant for any fee associated with the criminal or background record check to cover any fee charged by the department of safety for the criminal records check in paragraph I or by the Federal Bureau of Investigation for the background check in paragraph V.

      ­19  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.

      ­20  Game Operator; Definition.  Amend RSA 287-D:2-a, VIII(b) to read as follows:

                  (b)  A licensed game operator pursuant to RSA [287-D:2-c] 287-D:1.

      ­21  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, relative to the 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 Rockingham Park.

      ­22  Effective Date. 

            I.  RSA 287-D:2-a, VIII(b) as inserted by section 20 of this act shall take effect January 1, 2009.

            II.  The remainder of this act shall take effect June 30, 2008.

 

 

Senate Ways and Means

April 23, 2008

2008-1474s

08/04

 

 

 

Amendment to HB 1303-FN

 

 

Amend the bill by replacing section 2 with the following:

 

      ­2  New Paragraph; Rulemaking; Games of Chance.  Amend RSA 287-D:1-b by inserting after paragraph VI the following new paragraph:

            VI-a.   Game rules for each authorized game of chance.  In adopting rules under this paragraph, the pari-mutuel commission may incorporate by reference rules and regulations of other state agencies relative to games of chance rules.

 

 

Election Law and Internal Affairs

April 23, 2008

2008-1476s

09/01

 

 

 

Amendment to HB 1371

 

 

Amend the bill by inserting after section 7 the following and renumbering the original section 8 to read as 10:

 

      ­8  Commission to Develop Flood Management Plan; Report Date.  Amend 2007, 179:5 to read as follows:

      179:5  Report.  The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library in the form of a progress report on or before December 1, 2007 and a final flood control plan on or before [June 1, 2008] August 31, 2008.

      ­9  Legal Services Study Commission; Report Date.  Amend 2007, 263:57, VI to read as follows:

            VI.  The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, [2007] 2009.

 

 

Health and Human Services

April 22, 2008

2008-1470s

10/04

 

 

 

Amendment to HB 1396-FN

 

 

Amend RSA 329:1-c as inserted by section 7 of the bill by replacing it with the following:

 

      329:1-c  Physician-Patient Relationship.  “Physician-patient relationship” means a medical connection between a licensed physician and a patient that includes an in-person exam, a history, a diagnosis, a treatment plan appropriate for the licensee’s medical specialty, and documentation of all prescription drugs including name and dosage.  A licensee may prescribe for a patient whom the licensee does not have a physician-patient relationship under the following circumstances: writing admission orders for a newly hospitalized patient; for a patient of another licensee for whom the prescriber is taking call; for a patient examined by a physician assistant, nurse practitioner, or other licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient’s first appointment or when providing limited treatment to a family member in accordance with the American Medical Association Code of Medical Ethics.  Prescribing drugs to individuals without a physician-patient relationship shall be unprofessional conduct subject to discipline under RSA 329:17, VI.  The definition of a physician-patient relationship shall not apply to a physician licensed in another state who is consulting to a New Hampshire licensed physician with whom the patient has a relationship.

 

 

 

Senate Judiciary

April 24, 2008

2008-1516s

09/04

 

 

 

Amendment to HB 1414-FN

 

 

Amend RSA 597:20 as inserted by section 1 of the bill by replacing it with the following:

 

      597:20 Fees.  The bail commissioners in such cases shall be entitled to a fee of [$30] $35.  However, clerks of court or members of their staffs who are bail commissioners shall be entitled to collect such fee only when called while not on active duty.  In jurisdictions where the bail commissioner is a full-time salaried police officer, constable, sheriff, deputy sheriff, state police employee, or anyone else authorized to execute police powers, such person shall not receive the fee established in this section, but instead such amount shall be remitted to the town or city in which the [municipal or] district court is situated.

 

 

 

Health and Human Services

April 23, 2008

2008-1481s

08/09

 

 

 

Amendment to HB 1505-FN

 

 

Amend RSA 141-J:2, IV as inserted by section 1 of the bill by replacing it with the following:

 

            IV.  “Health information” means: vital records, hospital discharge data, parental, stillborn fetal, pediatric, or infant medical records, hospital or clinic records, results of genetic tests relating to birth conditions in infants, children, or fetal death reports indicating the birth conditions only but not the tests themselves or any other information therefrom, records of induced termination of pregnancies as to which a diagnosis of a birth condition has been made, provided that such information does not include any individually identifiable health information, laboratory reports, and infant, pediatric, or stillborn fetal autopsy reports.

 

Amend RSA 141-J:5, II-III as inserted by section 1 of the bill by replacing it with the following:

 

            II.  The program shall notify each individual with a confirmed birth condition diagnosis whose individually identifiable health information it proposes to include in the program of the election prior to obtaining any individually identifiable health information relating to the individual, other than name and address and diagnosis.

            III.  The notices required by paragraph II shall be in writing, on a form developed and revised from time to time by the commissioner.  At a minimum, the notice shall:

                  (a)  Be written in clear, plain language.

                  (b)  Contain the following:

                        (1)  A statement explaining the nature and purpose of the program.

                        (2)  A statement of the election in paragraph I or the absence of a statement of election in paragraph V, and a statement of the election in RSA 141-J:6, I.

                        (3)  Contact information for the program.

                        (4)  A place for the individual to sign and date.

 

 

Senate Executive Departments and Administration

April 22, 2008

2008-1452s

10/05

 

 

 

Amendment to HB 1520-FN

 

 

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

 

      ­1  New Paragraph; Retirement; Creditable Service; Peace Corps.  Amend RSA 100-A:4 by inserting after paragraph VII the following new paragraph:

            VIII.  Any employee, teacher, permanent policeman, or permanent fireman who has completed at least 5 years of membership service and who terminates his or her employment in order to enter directly into the Peace Corps, shall be entitled to service credit for the period of such Peace Corps service, provided he or she again becomes employed within a year after the termination of such service and provided further that he or she elects to make, and makes while in active service and within a period of time equal to 3 times the length of time of such service, but not more than 5 years, all payments of the full actuarial cost to the system.  The full actuarial cost of service credit purchases under this paragraph shall be determined by the actuary based on methods and assumptions recommended by the actuary and approved by the board of trustees.  The member may be required to prepay all or part of the actuarial calculation fee, as determined by the board.  Credit shall not be granted until the active member has fully paid for such service credit in a lump sum or by installment payments as permitted by the board.  The member’s payment shall be credited to the member annuity savings fund.  The amount of service credit purchased under this paragraph shall not exceed the least of (a) 2 years or (b) the member’s actual period of Peace Corps service or (c) 5 years minus the period of nonqualified service credit purchased by the member pursuant to former RSA 100-A:4, VII.  Creditable service purchased under this paragraph shall not be used for the purpose of eligibility for medical and surgical benefits as a retired employee under RSA 21-I:30, RSA 100-A:52, RSA 100-A:52-a, or RSA 100-A:52-b.

      ­2  Membership; Peace Corps Service Credit.  Amend RSA 100-A:3, VI(b) to read as follows:

                  (b)  In the case of prior service credit for time served as a member for which the member’s accumulated contributions have been withdrawn, the amount of creditable service purchased may be the full length of service relating to the withdrawn contributions or a partial share of such service.  The amount determined by the actuary to reinstate full or partial service credit shall be the amount of withdrawn contributions, but not less than one month’s contributions multiplied by the ratio of the service credit to be purchased to the full length of service relating to the withdrawn contributions, with this amount adjusted for interest from the date of withdrawal to the date of payment based on the interest rates in effect for each fiscal year.  The amount determined by the actuary to purchase prior service credit related to Peace Corps service shall be computed under RSA 100-A:4, VIII.  For all other prior service credit the amount determined by the actuary shall be the product of the member’s annual rate of compensation at the time of buy-in, multiplied by the sum of the member and employer contribution rates in effect with respect to the member at the time of buy-in, multiplied by the number of years of prior service credit bought.

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

 

 

Sen. Hassan, Dist. 23

April 18, 2008

2008-1430s

06/03

 

 

 

Amendment to HB 1573-FN-LOCAL

 

 

Amend RSA 155-B:9-a as inserted by section 3 of the bill by replacing it with the following:

 

      155-B:9-a  Municipal Lien on Owner’s Interest in Property Insurance Proceeds.  If the value of the subject real estate is deemed by the municipality to have insufficient value, based on the current tax assessment, to cover the cost of repairs, razing, or removal, and the owner has no other real property within the state, a municipality may assert a lien on the owner’s interest in any real property insurance proceeds that are payable as a result of the damage or destruction of that property owner’s real property located in the municipality.  The lien shall be for the estimated cost to repair, raze, or remove the damaged structure, whichever of those options is the least expensive, minus the value in the remaining real property based on the current tax assessments.  The municipal lien shall be subordinate to any lien holder of record, and to any rights, title, or interest in such real property insurance proceeds in favor of any lender holding a mortgage on such real property and who was named as an additional insured or loss payee, by means of loss payable endorsement or otherwise, on any policy of insurance insuring such real property.  The insurer’s obligations under this section shall commence upon its receipt of a copy of the order under RSA 155-B:4, and a statement of the estimated lien amount allowed under this section, and shall apply only to insurance proceeds held by the insurer as of that date and due to be paid to the owner.  The lien, the estimated cost of which shall be approved by the court, shall be for the purpose of reimbursing the municipality for all costs permitted to be recovered by it under RSA 155-B if the municipality elects to demolish the property.  Any unexpended funds from the lien shall be returned to the property owner.  The property owner shall, within 72 hours of the receipt of a written request by the municipality, provide the municipality with the names, addresses, agents, and policy numbers of all insurance companies which have provided the property owner with insurance on the property.  The lien shall automatically expire if the owner rebuilds or demolishes the real property in the manner required by this chapter and the municipality shall provide a written release of the lien to the insurer and the property owner.  The insurer shall distribute all proceeds due to the property owner that exceed the lien amount allowed under this section.  The municipality shall release the lien in order to permit payment for repairs, razing, or removal of the building.

 

 

Sen. Gottesman, Dist. 12

April 22, 2008

2008-1446s

01/09

 

 

 

Amendment to HB 1578-FN

 

 

Amend RSA 417:29 as inserted by section 4 of the bill by replacing it with the following:

 

      417:29  Fraud Unit Material Information Disclosure.

            I.  Except as provided in paragraph II, the unit’s papers, documents, reports, or evidence relative to the subject of a pending investigation under this section shall remain confidential and shall not be subject to public inspection or disclosure.  Further, such papers, documents, reports, or evidence relative to the subject of [an] a pending investigation under this section shall be privileged and shall not be subject to subpoena, discovery, or disclosure in any proceeding other than the action initiated by the unit, except as specifically authorized in this subdivision.  For the purposes of this section, investigative materials shall include the testimony of unit personnel concerning any matter of which they have knowledge pursuant to a pending insurance fraud investigation by the unit.

            II.(a)  If the unit’s papers, documents, reports, or evidence relative to the subject of a pending investigation under this section have been disclosed in a criminal action, the commissioner may use those papers, documents, reports, evidence or other investigative materials of the unit disclosed in the criminal action in the furtherance of a non-criminal regulatory or legal action brought as part of the commissioner’s duties.  Any of the unit’s papers, documents, reports, evidence or other investigative materials not disclosed in the criminal action shall remain, pursuant to paragraph I, confidential and privileged and shall not be subject to subpoena, discovery, public inspection pursuant to RSA 91-A, or any other disclosure;

                  (b)  If a substantial need exists and disclosure will not jeopardize the unit’s evidence-gathering ability or any ongoing criminal investigation or criminal action, the commissioner may use the unit’s papers, documents, reports, evidence or other investigative materials in the furtherance of a non-criminal regulatory or legal action brought as part of the commissioner’s duties.  Any of the unit’s papers, documents, reports, evidence, or other investigative materials not used in the furtherance of a non-criminal regulatory or legal action shall remain, pursuant to paragraph I, confidential and privileged and shall not be subject to subpoena, discovery, public inspection pursuant to RSA 91-A, or any other disclosure; and

                  (c)  The recipient of any information furnished pursuant to this paragraph shall hold the information in confidence until such time as its release is required pursuant to a civil or regulatory proceeding or pursuant to any statutory requirement.

 

 

Senate Ways and Means

April 22, 2008

2008-1458s

10/01

 

 

 

Amendment to HB 1585-FN

 

 

Amend the bill by replacing section 1 with the following:

 

      ­1  Fuel Gas Fitters; Fees.  Amend RSA 153:28, I(d) to read as follows:

                  (d)  After the first year, fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the previous fiscal year.  Fees shall be deposited in the fire standards and training and emergency medical services fund, established by RSA 21-P:12-d, and used for the purposes of operating expenses of the state fire marshal’s administration of this subdivision.  Fees collected in excess of $125,000 biennially  shall be deposited in the general fund as unrestricted revenue.

 

 

Transportation and Interstate Cooperation

April 23, 2008

2008-1488s

03/05

 

 

 

Amendment to HB 1610-FN

 

 

Amend the introductory paragraph of  RSA 266:72-a, V(a) as inserted by section 2 of the bill by replacing it with the following:

 

            V.(a)  A driver of a motor carrier shall stop the vehicle on the request of any enforcement officer of the department of safety or other law enforcement agent certified to conduct truck inspections or by command of roadside signs so that the officer may:

 

Amend RSA 266:72-a, V(b) as inserted by section 2 of the bill by replacing it with the following:

 

                  (b)  Every owner/operator of a motor carrier, or his or her authorized agent, shall submit accounts, books, records, memoranda, correspondence, and other documents for inspection, upon demand by any enforcement officer of the department of safety or other law enforcement agent certified to conduct truck inspections who in the course of enforcing the motor carrier rules is acting within the scope of his or her duties and authority, at the motor carrier’s principal place of business during regular business hours.

 

 

Health and Human Services

April 23, 2008

2008-1471s

01/04

 

 

 

Amendment to HB 1615-FN-A

 

 

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

 

AN ACT     establishing the state office of rural health in the department of health and human services.

 

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

 

      ­1  New Paragraph; State Office of Rural Health.  Amend RSA 126-A:5 by inserting after paragraph XVI the following new paragraph:

            XVII.(a)  The commissioner shall establish the state office of rural health (SORH) within the department.  The SORH shall:

                        (1)  Link rural health and human service providers with state and federal resources.

                        (2)  Find long-term solutions to the challenges of rural health.

                        (3)  Increase access to health care in rural and underserved areas of the state.

                        (4)  Improve recruitment and retention of health professionals in rural areas.

                        (5)  Provide technical assistance and coordination to rural communities and health organizations.

                        (6)  Maintain a clearing house for collecting and disseminating information on rural health care issues and innovative approaches to the delivery of health care in rural areas.

                        (7)  Coordinate rural health interests and activities.

                        (8)  Participate in strengthening state, local, and federal partnerships.

                  (b)  The commissioner may adopt rules, pursuant to RSA 541-A, relative to accomplishing the goals under subparagraph (a).

                  (c)  The commissioner shall submit an annual report beginning on November 1, 2009 to the speaker of the house of representatives, the senate president, and the governor  on the health status of rural residents incorporating current data from the bureau of health statistics and data management and the SORH.

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

2008-1471s

 

AMENDED ANALYSIS

 

      This bill establishes the state office of rural health (SORH) in the department of health and human services. 

HEARINGS

MONDAY, APRIL 28, 2008

ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT, Room 101, LOB

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

9:30 a.m.          HB 1632, relative to continuing the commission to study the production and distribution of biodiesel in New Hampshire.

10:00 a.m.        HB 1647-FN-A, relative to demand response program revenue.

                        (the previous hearing for HB 1647-FN-A was recessed on April 22nd)

                        EXECUTIVE SESSION MAY FOLLOW

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Rooms 305-307, LOB

Sen. Burling (C), Sen. Fuller Clark (VC), Sen. Kelly, Sen. Cilley, Sen. Kenney, Sen. Downing

1:00 p.m.          HB 1645-FN-L, relative to administration of the New Hampshire retirement system and benefits for members.

                        FOR DISCUSSION:

·         COLAs short term/long term

                        (the previous hearing for HB 1645-FN-L was recessed on April 23rd)

                        EXECUTIVE SESSION MAY FOLLOW

TUESDAY, APRIL 29, 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.        HB 436, expanding employee freedom of expression to all public employees.

10:25 a.m.        HB 690, (New Title) establishing a pilot program for job skills training in volunteer work by unemployed individuals.

10:35 a.m.        HB 1376, relative to insurance penalties.

10:45 a.m.        HB 1532, relative to snow and obstruction removal from parking spaces designated for disabled persons.

10:55 a.m.        HB 1197, relative to liquor advertising.

11:10 a.m.        HB 1237, (New Title) establishing a committee to study liquor advertising by the liquor commission.

11:25 a.m.        HB 1242, relative to the prohibition on employee consumption of beverage or liquor.

                        EXECUTIVE SESSION MAY FOLLOW

EDUCATION, Room 103, SH

Sen. Estabrook (C), Sen. Foster (VC), Sen. Fuller Clark, Sen. Kelly, Sen. Bragdon, Sen. Letourneau

8:30 a.m.          EXECUTIVE SESSION ON PENDING LEGISLATION

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.          HB 1202, relative to monitoring privately owned water distribution programs.

2:30 p.m.          HB 1429, relative to private landfills.

                        EXECUTIVE SESSION MAY FOLLOW

HEALTH AND HUMAN SERVICES, Room 103, SH

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

10:15 a.m.        EXECUTIVE SESSION

10:17 a.m.        HB 1231, repealing the advisory panel on cancer and chronic diseases and the tobacco use advisory committee.

                        (HB 1231 was recommitted on April 10, 2008; the purpose of this executive session and/or public hearing is to consider a new committee amendment.)

10:30 a.m.        HB 1649-FN-L, relative to the Medicaid long-term care eligibility determination process.

                        (the previous hearing for HB 1649-FN-L was recessed on April 22nd)

                        EXECUTIVE SESSION ON PENDING LEGISLATION

JUDICIARY, Room 103, SH

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

2:00 p.m.          HB 841, (New Title) relative to the appointment of parenting coordinators and establishing the family mediator and parenting coordinator certification board.

2:15 p.m.          HB 1290-L, establishing a committee to study insurance coverage and related issues for children required to do community service.

2:30 p.m.          HB 1319, relative to the reasonable cost of medical support for dependent children.

2:45 p.m.          HB 1386, relative to a grandparent's rights to access court and case records involving a grandchild.

3:00 p.m.          HB 1477, relative to cellular phone and satellite television records for child support enforcement.

3:15 p.m.          HB 1488, establishing a committee to study the feasibility of establishing pro se law libraries.

                        EXECUTIVE SESSION MAY FOLLOW

PUBLIC AND MUNICIPAL AFFAIRS, Room 101, LOB

Sen. Hassan (C), Sen. Burling (VC), Sen. DeVries, Sen. Sgambati, Sen. Roberge, Sen. Barnes

(note the time changes to the following hearings)

8:30 a.m.          HB 1521-L, relative to Franklin Highway in the town of Andover.

8:45 a.m.          HB 1346, relative to the regulation of junk dealers, scrap metal dealers and pawnbrokers.

8:46 a.m.          HB 1420, relative to the applicability of zoning ordinances to auto salvage yards.

8:47 a.m.          HB 1636, relative to automotive recycling.

                        EXECUTIVE SESSION MAY FOLLOW

WAYS AND MEANS, Room 100, SH

Sen. Odell (C), Sen. D'Allesandro (VC), Sen. Janeway, Sen. Reynolds, Sen. Downing

9:00 a.m.          HB 1509-FN-A, establishing certain fees for operators of games of chance for the purpose of funding the education trust fund.

                        (the previous hearing for HB 1509-FN-A was recessed on April 22nd)

9:30 a.m.          HB 1644-FN-A, establishing a Coos county job creation tax credit.

                        EXECUTIVE SESSION MAY FOLLOW

WEDNESDAY, APRIL 30, 2008

ELECTION LAW AND INTERNAL AFFAIRS, Room 103, SH

Sen. Burling (C), Sen. Cilley (VC), Sen. DeVries, Sen. Gallus, Sen. Letourneau

8:30 a.m.          EXECUTIVE SESSION ON PENDING LEGISLATION

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 103, SH

Sen. Burling (C), Sen. Fuller Clark (VC), Sen. Kelly, Sen. Cilley, Sen. Kenney, Sen. Downing

1:00 p.m.          EXECUTIVE SESSION ON PENDING LEGISLATION

                        HB 1645-FN-L, relative to administration of the New Hampshire retirement system and benefits for members.

1:45 p.m.          HB 65, (New Title) relative to the Pease development authority.

2:45 p.m.          HB 1374, establishing a division of homeland security and emergency management in the department of safety.

                        (the previous hearing for HB 1374 was recessed on April 7th)

                        EXECUTIVE SESSION ON PENDING LEGISLATION

FINANCE, Room 100, SH

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

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

TRANSPORTATION AND INTERSTATE COOPERATION, Room 101, LOB

Sen. Letourneau (C), Sen. Burling (VC), Sen. Kelly, Sen. DeVries, Sen. Clegg

10:15 a.m.        HB 730-FN, increasing the maximum fine for speeding in a highway construction or maintenance zone.

                        (the previous hearing for HB 730-FN was recessed on March 26th)

10:30 a.m.        HB 1207, relative to standards for highway and bridge construction.

10:45 a.m.        HB 1493, relative to the commission to study the state highway trust fund.

11:00 a.m.        HB 1638, establishing an oversight commission on motor vehicle fines.

11:15 a.m.        HCR 10, urging communities to conduct handicap parking awareness days.

                        EXECUTIVE SESSION MAY FOLLOW

WILDLIFE, FISH AND GAME AND AGRICULTURE, Room 103, LOB

Sen. Gallus (C), Sen. D'Allesandro (VC), Sen. Janeway, Sen. Estabrook, Sen. Gatsas

1:00 p.m.          EXECUTIVE SESSION ON PENDING LEGISLATION

MONDAY, MAY 5, 2008

TRANSPORTATION AND INTERSTATE COOPERATION, Room 101, LOB

Sen. Letourneau (C), Sen. Burling (VC), Sen. Kelly, Sen. DeVries, Sen. Clegg

10:15 a.m.        HB 1646, relative to the 10-year transportation improvement plan.

11:00 a.m.        HB 1343, (New Title) prohibiting the placing on file or masking of convictions incurred by holders of commercial driver licenses or persons required to hold such licenses.

11:30 a.m.        HB 1264, relative to prohibiting ATV and trail bike use on state-owned rail trails acquired using federal funds.

                        EXECUTIVE SESSION MAY FOLLOW

TUESDAY, MAY 6, 2008

JUDICIARY, Room 103, SH

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

2:00 p.m.          HB 1270, (New Title) relative to limiting certain future interests in real property.

2:15 p.m.          HB 1333, relative to post-foreclosure eviction actions.

2:30 p.m.          HB 1536, relative to periodic payments of judgments.

2:45 p.m.          HB 1453, relative to civil liability for damage to protective barriers.

3:00 p.m.          HB 1470, relative to vehicular pursuits by police officers.

3:15 p.m.          HB 1311, relative to impaired driver intervention programs.

3:30 p.m.          HB 1289, (New Title) relative to court-ordered placements for a child in need of services and relative to permanency hearings in juvenile cases.

                        EXECUTIVE SESSION MAY FOLLOW

PUBLIC AND MUNICIPAL AFFAIRS, Room 101, LOB

Sen. Hassan (C), Sen. Burling (VC), Sen. DeVries, Sen. Sgambati, Sen. Roberge, Sen. Barnes

8:30 a.m.          HB 1145, designating the Senator Otto Oleson Scenic Overlook in Jefferson.

8:45 a.m.          HB 1424, relative to notice of meetings of county conventions.

9:00 a.m.          HB 1441-L, relative to use of the terms "selectwoman" and "selectperson."

9:15 a.m.          HB 1651, allowing municipalities in Coos county to offer property tax exemptions to foster commercial and industrial construction.

                        EXECUTIVE SESSION MAY FOLLOW

WEDNESDAY, MAY 7, 2008

PUBLIC AND MUNICIPAL AFFAIRS, Room 101, LOB

Sen. Hassan (C), Sen. Burling (VC), Sen. DeVries, Sen. Sgambati, Sen. Roberge, Sen. Barnes

1:00 p.m.          HB 1196, relative to the procedure for amending municipal charters.

1:30 p.m.          HB 1143, (New Title) relative to shelter for dogs and the authority of law enforcement officers to take abused and neglected dogs into custody.

                        EXECUTIVE SESSION MAY FOLLOW

TRANSPORTATION AND INTERSTATE COOPERATION, Room 101, LOB

Sen. Letourneau (C), Sen. Burling (VC), Sen. Kelly, Sen. DeVries, Sen. Clegg

10:15 a.m.        HB 1318, relative to temporary plates issued by motor vehicle dealers.

10:40 a.m.        HB 1236, relative to motor vehicle laws.

11:00 a.m.        HB 1203, relative to bicycles.

11:30 a.m.        HB 1222, prohibiting writing a text message while driving.

                        EXECUTIVE SESSION MAY FOLLOW

MEETINGS

Friday, APRIL 25, 2008

JOINT COMMITTEE ON ADDRESS (HA 1, for the removal of Patricia C. Coffey, superior court justice, from office.)

9:00 a.m.                      Rooms 206-208, LOB                             Public Hearing

OSTEOPOROSIS ADVISORY COUNCIL (RSA 126-I:3)

9:00 a.m.                      Room 205, LOB                         Regular Meeting

STATE PARK SYSTEM ADVISORY COUNCIL (RSA 216-A:3-k)

9:00 a.m.                      NH Charitable Foundation                    Rescheduled Meeting

                                    37 Pleasant Street

                                    Concord, NH

ASSESSING STANDARDS BOARD (RSA 21-J:14-a)

9:30 a.m.                      NH Department of Revenue                   Regular Meeting

                                    Administration Training Room

                                    57 Regional Drive

                                    Concord, NH

MONDAY, APRIL 28, 2008

CITIZENS TRADE POLICY COMMISSION (RSA 19-L:1)

9:00 a.m.                      Room 307, LOB                         Regular Meeting

INTERAGENCY COORDINATING COUNCIL FOR WOMAN OFFENDERS (RSA 21-H:14-c)

9:00 a.m.                      Room 100, SH                                       Regular Meeting

OIL FUND DISBURSEMENT BOARD (RSA 146-D:4)

9:00 a.m.                      Room 305, LOB                         Regular Meeting

COMMISSION ON THE USE OF RADIO FREQUENCY TECHNOLOGY (HB 203, Chapter 165:1, Laws of 2006)

10:00 a.m.                    Room 303, LOB                         Regular Meeting

GUARDIAN AD LITEM BOARD (RSA 490-C:1)

11:00 a.m.                    Room 102, LOB                         Non-public session of the Complaint                                                                   Review Committee

TUESDAY, APRIL 29, 2008

FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)

9:00 a.m.                      Rooms 210-211, LOB                             Regular Business

9:30 a.m.                      Rooms 210-211, LOB                             Audits:

 

                                                                                                State of New Hampshire

                                                                                                Department of Health and Human                                                                                            Services

                                                                                                Bureau of Elderly and Adult Services

                                                                                                Financial and Compliance Audit                                                                                                Report For the Fiscal Year Ended                                                                                              June 30, 2007

 

                                                                                                State of New Hampshire

                                                                                                Board of Medicine

                                                                                                Performance Audit Report

                                                                                                April 2008

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)

1:00 p.m.                      Room 203, LOB                         Regular Meeting

FRIDAY, MAY 2, 2008

COMMISSION TO STUDY EMPLOYMENT ISSUES AFFECTING VETERANS (SB 237, Chapter 316:2, Laws of 2007)

9:00 a.m.                      Room 203, LOB                         Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)

9:00 a.m.                      Rooms 306-308, LOB                             Continued Meeting

COMMISSION TO STUDY REQUIREMENTS FOR SAFE AND SECURE LANDFILLS (HB 672, Chapter 252:1, Laws of 2007)

1:00 p.m.                      Room 304, LOB                         Regular Meeting

MONDAY, MAY 5, 2008

DEVELOPMENTAL DISABILITY WAITLIST FUND ALLOCATION OVERSIGHT COMMITTEE (RSA 171-A:1-c)

10:00 a.m.                    Room 103, SH                                       Regular Meeting

NH LAND AND COMMUNITY HERITAGE AUTHORITY BOARD OF DIRECTORS (RSA 227-M:4)

10:00 a.m.                    CDFA Board Room                                Regular Meeting

                                    14 Dixon Avenue

                                    Concord, NH

STATE COMMITTEE ON AGING (RSA 161-F:7,I)

10:00 a.m.                    Brown Building, Room 232                    Regular Meeting

                                    129 Pleasant St

                                    Concord, NH

WELLNESS AND PRIMARY PREVENTION COUNCIL (RSA 126-M:3)

10:00 a.m.                    Room 201, LOB                         Subcommittee Work Session

COMMISSION TO STUDY THE IMPLEMENTATION OF THE PROCEDURE FOR COUNTY PAYMENTS FOR NURSING HOME CARE AND COMMUNITY-BASED CARE (HB 2, Chapter 263:23, Laws of 2007)

11:00 a.m.                    Rooms 210-211, LOB                             Regular Meeting

AUTOMATED EXTERNAL DEFIBRILLATOR ADVISORY COMMISSION (RSA 195-I:2)

1:00 p.m.                      Room 202, LOB                         Regular Meeting

TASK FORCE ON WORK AND FAMILY (HB 306, Chapter 373:2, Laws of 2007)

1:15 p.m.                      Room 206, LOB                         Regular Meeting

STATEWIDE INTERAGENCY COMMISSION ON HUMAN TRAFFICKING (SB 194, Chapter 122:1, Laws of 2007)

2:00 p.m.                      Room 304, LOB                         Regular Meeting

FRIDAY, MAY 9, 2008

IMPLEMENTING A RECOMMENDATION OF THE NH ESTUARIES PROJECT MANAGEMENT PLAN (SB 70, Chapter 236:1, Laws of 2003)

8:30 a.m.                      Pease/DES Office                                  Regular Meeting

                                    50 International Drive, Room E

                                    Portsmouth, NH

COMMISSION TO STUDY CHILDHOOD LEAD POISONING PREVENTION LAWS, POLICIES, AND STANDARDS IN NEW HAMPSHIRE (SB 176, Chapter 293:10, Laws of 2007)

9:30 a.m.                      Room 100, SH                                       Regular Meeting

NH LAND AND COMMUNITY HERITAGE AUTHORITY BOARD OF DIRECTORS (RSA 227-M:4)

10:00 a.m.                    CDFA Board Room                                Regular Meeting

                                    14 Dixon Avenue

                                    Concord, NH

GUARDIAN AD LITEM BOARD (RSA 490-C:1)

1:00 p.m.                      Room 102, LOB                         Regular Meeting

NH COMMISSION ON DEAFNESS AND HEARING LOSS (RSA 125-Q)

1:30 p.m.                      Room 205, LOB                         Regular Meeting

MONDAY, MAY 12, 2008

WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62)

9:00 a.m.                      Room 307, LOB                         Regular Meeting

BOARD OF MANUFACTURED HOUSING (RSA 205-A:25)

1:00 p.m.                      Room 201, LOB                         Complaint Hearing

EQUALIZATION STANDARDS BOARD (RSA 21-J:14-c)

1:00 p.m.                      NH Department of Revenue                   Regular Meeting

                                    Administration Training Room

                                    57 Regional Drive

                                    Concord, NH

HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)

1:00 p.m.                      Room 103, SH                                       Regular Meeting

THURSDAY, MAY 15, 2008

PUBLIC HEALTH IMPROVEMENT SERVICES COUNCIL (HB 491, Chapter 250:2, Laws of 2007)

2:00 p.m.                      Department of Health &                        Regular Meeting

                                    Human Services

                                    29 Hazen Drive, Rooms 110-112

                                    Concord, NH

FRIDAY, MAY 16, 2008

INTERNATIONAL TRADE ADVISORY COMMITTEE (RSA 12-A:30)

9:00 a.m.                      International Trade                               Regular Meeting

                                    Resource Center

                                    Portsmouth, NH

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)

9:00 a.m.                      Rooms 306-308, LOB                             Regular Meeting

NEW HAMPSHIRE RAIL TRANSIT AUTHORITY (RSA 238-A:2)

10:00 a.m.                    Rooms 305-307, LOB                             Regular Meeting

COMMISSION TO STUDY THE FEASIBILITY OF TIDAL POWER GENERATION UNDER THE LITTLE BAY AND GENERAL SULLIVAN BRIDGES, IN DOVER (HB 694, Chapter 222:1, Laws of 2007)

1:00 p.m.                      NH DES Field Office                             Regular Meeting

                                    Pease International Tradeport

                                    Portsmouth, NH

MONDAY, MAY 19, 2008

INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)

9:00 a.m.                      Room 100, SH                                       Regular Meeting

COMMISSION TO DEVELOP A COMPREHENSIVE STATE MENTAL HEALTH PLAN (HB 691, Chapter 175:15, Laws of 2005)

10:00 a.m.                    Room 205, LOB                         Subcommittee Work Session on                                                                         Corrections

JOINT LEGISLATIVE COMMITTEE ON ELDERLY AFFAIRS (RSA 17-H:2)

1:00 p.m.                      Room 205, LOB                         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)

1:00 p.m.                      Room 302, LOB                         Regular Meeting

TUESDAY, MAY 20, 2008

CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2)

2:00 p.m.                      Room 201, LOB                         Regular Business

FRIDAY, MAY 23, 2008

ASSESSING STANDARDS BOARD (RSA 21-J:14-a)

9:30 a.m.                      NH Department of Revenue                   Regular Meeting

                                    Administration Training Room

                                    57 Regional Drive

                                    Concord, NH

TUESDAY, MAY 27, 2008

LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE (RSA 17-M:1)

3:00 p.m.                      Room 201, LOB                         Regular Meeting

monday, june 2, 2008

TASK FORCE ON WORK AND FAMILY (HB 306, Chapter 373:2, Laws of 2007)

1:15 p.m.                      Room 206, LOB                         Regular Meeting

FRIDAY, JUNE 6, 2008

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)

9:00 a.m.                      Rooms 306-308, LOB                             Continued Meeting

CURRENT USE BOARD (RSA 79-A:3)

9:30 a.m.                      NH Department of Revenue                   Regular Board Meeting

                                    Administration Training Room

                                    57 Regional Drive

                                    Concord, NH

MONDAY, JUNE 9, 2008

NH LAND AND COMMUNITY HERITAGE AUTHORITY BOARD OF DIRECTORS (RSA 227-M:4)

10:00 a.m.                    CDFA Board Room                                Regular Meeting

                                    14 Dixon Avenue

                                    Concord, NH

FRIDAY, JUNE 13, 2008

COMMISSION TO STUDY CHILDHOOD LEAD POISONING PREVENTION LAWS, POLICIES, AND STANDARDS IN NEW HAMPSHIRE (SB 176, Chapter 293:10, Laws of 2007)

9:30 a.m.                      Room 100, SH                                       Regular Meeting

GUARDIAN AD LITEM BOARD (RSA 490-C:1)

1:00 p.m.                      Room 102, LOB                         Regular Meeting

MONDAY, JUNE 16, 2008

INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)

9:00 a.m.                      Room 100, SH                                       Regular Meeting

THURSDAY, JUNE 19, 2008

PUBLIC HEALTH IMPROVEMENT SERVICES COUNCIL (HB 491, Chapter 250:2, Laws of 2007)

2:00 p.m.                      Department of Health &                        Regular Meeting

                                    Human Services

                                    29 Hazen Drive, Rooms 110-112

                                    Concord, NH

FRIDAY, JUNE 20, 2008

INTERNATIONAL TRADE ADVISORY COMMITTEE (RSA 12-A:30)

9:00 a.m.                      Department of Resources and                Regular Meeting

                                    Economic Development

                                    Concord, NH

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)

9:00 a.m.                      Rooms 306-308, LOB                             Regular Meeting

GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION, INTERVENTION, AND TREATMENT (RSA 12-J:1)

9:30 a.m.                      Rooms 305-307, LOB                             Regular Meeting

FRIDAY, JUNE 27, 2008

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)

9:00 a.m.                      Rooms 306-308, LOB                             Continued Meeting

********

SENATE BILLS AMENDED BY THE HOUSE

SB 32-FN         increasing the maximum amount of debt or damages for small claims actions.

SB 63               authorizing the commissioner of revenue administration to extend tax filing deadlines for certain members of the armed forces.

SB 84               establishing procedural requirements to improve implementation of the 10-year highway plan.

SB 85               relative to eligibility for the property tax exemption for the disabled.

SB 90-FN         relative to the penalty for impersonating a law enforcement officer.

SB 94               relative to the office of information technology.

SB 102-FN       relative to the powers of state government in the event of an incident or outbreak of communicable disease.

SB 117-FN       relative to fireworks display permits and the position of permissible fireworks inspector.

SB 131             relative to insurance coverage for services of midwives.

SB 166-FN       (New Title) relative to port moorings.

SB 173             relative to regulation of private postsecondary career schools.

SB 236             extending the authority for police mutual aid.

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.

SB 332-FN       relative to resomation of human remains.

SB 361             relative to the widening of Interstate 93.

SB 363             requiring youth operators and passengers of OHRVs and snowmobiles to wear approved protective headgear.

SB 372             (New Title) relative to membership of the heating system certification advisory committee.

SB 377             relative to the application of the prudent investor rule to town trust funds.

SB 379             relative to boating while intoxicated and transporting alcoholic beverages by a minor.

SB 390             establishing a suicide prevention council.

SB 430             relative to cemeteries and mausoleums.

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.

SB 513-FN       relative to fighting animals.

SB 533             establishing a committee to study age-based driver's license renewal testing.

SB 536-FN       reclassifying certain positions in the insurance department.

********

FISCAL NOTE ADDITIONS AND UPDATES HAVE BEEN AMENDED TO THE BILLS ON THE WEB SITE AND ARE AVAILABLE IN THE SENATE CLERK'S OFFICE FOR THE FOLLOWING 2008 BILLS:

SENATE BILLS: 63, 94, 103, 117, 146, 166, 173, 210, 212, 301, 303, 305, 306, 308, 310, 312, 314, 317, 318, 321, 323, 324, 325, 329, 330, 331, 332, 337, 344, 348, 354, 356, 376, 378, 402, 410, 435, 437, 438, 439, 451, 463, 490, 500, 501, 502, 507, 508, 509, 515, 516, 519, 520, 522, 530, 536, 539.

HOUSE BILLS: 91, 173, 185, 211, 285, 315, 352, 359, 399, 415, 563, 581, 595, 666, 678, 679, 754, 765, 766, 794, 781, 837, 841, 901, 1127, 1152, 1168, 1293, 1307, 1341, 1343, 1348, 1394, 1405, 1429, 1434, 1436, 1457, 1472, 1502, 1505, 1509, 1579, 1584, 1590, 1594, 1596, 1604, 1607, 1615, 1618, 1619, 1622, 1640, 1643, 1645, 1648, 1652.

********

NOTICES

Disability Resource for Legislators and Senators

Many of you may know Carol Nadeau, Executive Director of the Governor’s Commission on Disability. Carol will be at the State House/LOB on Wednesdays (after January 1, 2008) throughout this legislative session as a resource/consultant to Legislators and Senators on a variety of disability-related issues. With more than 28 years of experience working for the Commission, Carol has a wealth of information about disability services, programs, laws, organizations, etc. in New Hampshire. She will be pleased to assist you with your disability-related questions and issues. Contact Carol at Tel: 271-6895 or e-mail her at: carol.nadeau@nh.gov

Senator Lou D’Allesandro

********

TUESDAY, APRIL 29, 2008

What: Luncheon and Release of UNH Carsey Institute Report: Bonnie CLAC Provides Transportation Solutions and Key Economic and Social Benefits to NH Residents
Where: St. Paul's Church, 21 Centre St, Concord
When: Tuesday, April 29th, 12:00 p.m. - 12:45 p.m.

Event description:


Please join Bonnie CLAC for the release of new findings examining proven transportation solutions for New Hampshire residents.  According to a recent report by the Carsey Institute at the University of New Hampshire, Bonnie CLAC's award-winning financial counseling and loan assistance program provides key economic and social benefits for New Hampshire residents including:

Increased ability to get to work (reported by 50% of clients)
Better overall financial outlook (reported by 73% of clients)
Better access to health care (reported by 52% of clients)

Bonnie CLAC is a nonprofit organization that helps low income individuals purchase new, fuel-efficient cars by providing financial literacy classes and individual loans and counseling.  The Carsey Institute is an applied research and public policy institute that builds knowledge for families and communities.  Speakers at the lunch event will include Bonnie CLAC President, Robert Chambers and Sally Ward, Senior Fellow of the Carsey Institute and Professor of Sociology at UNH.  We look forward to seeing you there.

Please RSVP by April 23rd to: Rachel Sorlien, rachelsorlien@bonnieclac.org, 603-727-7006

Senate Peter Hoe Burling

********

TUESDAY, APRIL 29, 2008

The Dupont Group invites all legislators to attend a screening and discussion of "Communities and Consequences" on April 29th, from 4:00 p.m. to 6:00 p.m. at Red River Theatres, 11 South Main Street, Concord. This new documentary is from the book of the same name co-authored by demographer Peter Francese and State Agriculture Commissioner Lorraine Stuart Merrill. The 60-minute film, produced by Jay Childs, is about the human ecology of New Hampshire and the consequences of demographic imbalance. The film confronts and questions many long-held myths that have heavily influenced local development decisions, including those of explosive population growth, the aging of New Hampshire as simply a natural trend, and the belief that families with children will increase property taxes. Messrs. Childs and Francese will be on hand to present the film and answer questions. Light refreshments will be served from 4:00 p.m. to 4:30 p.m., and the film and Q&A will be from 4:30 p.m. to 6:00 p.m. Please RSVP to Red River Theatres at info@redrivertheatres.org

Senator Harold W. Janeway

********

THURSDAY, MAY 1, 2008

"Divided We Fail" and AARP-NH invites all legislators and staff to a breakfast forum,"Emerging Trends in Health Care Policy; An Overview of State Legislative Initiatives" on Thursday, May 1, 2008 from 7:30 a.m. to 8:45 a.m. at St. Paul's Church next to the State House in Concord. Light breakfast will begin at 7:30 a.m. with an overview by Donna Folkemer of the National Conference of State Legislatures beginning at 7:45 a.m.; a question and answer period will run till 8:45 a.m.  We look forward to hearing from those who are able to attend.  Please RSVP to Gergana at 603-621-1002.

Sylvia B. Larsen, Senate President

Senator Theodore L. Gatsas

********

MONDAY, MAY 5, 2008

New Hampshire Rail Transit Authority tour of seacoast New Hampshire rail stations and corridor as well as MBTA and Amtrak Downeaster services en route.  The tour will begin at 2:00 p.m. at the Dover Intermodal rail station and will end with return via Amtrak Downeaster to Dover station at 7:53.   During the tour NHRTA members will meet with local station representatives in Dover, Exeter, UNH-Durham and Haverhill, as well as visit rail infrastructure at Rockingham Junction and Plaistow, NH.  The Authority members will also meet representatives of the MBTA and the Northern New England Passenger Rail Authority (NNEPRA), operators of the Amtrak Downeaster.

 

Tentative Schedule:      

·         2:00 p.m. Board members arrive/park @ Dover Station and tour (bus leaves at 2:20).

·         2:35  Durham Station and tour of site (bus leaves at 3:00 and should drive via Rockingham Junction).

·         3:30 Exeter Station and tour (bus leaves at 3:50 for drive-by of Plaistow site and terminus at Haverhill MBTA/Downeaster Station.

·         4:32  Board MBTA to Boston North Station (via Lowell branch) Note this is an express train with flag stops.   It may arrive later than scheduled.  Normal trip is actually 15 minutes longer with all stops via standard line.

·         5:37 arrive BON and tour at peak hour.

·         6:20 Downeaster back to Dover (arrives at 7:53)  (food available in café car).

 

Note: We will be capacity-constrained on this trip. Members of the public are welcome to attend the visits at the various stations but they will need to secure their own travel plans.

Senator Peter Hoe Burling

********

THURSDAY, MAY 8, 2008

On Thursday, May 8th Breathe New Hampshire will host a Legislative Breakfast for all legislators and staff from 7:30 a.m. to 9:00 a.m. in the State House Cafeteria.  Please come and meet staff, board and volunteers, and enjoy breakfast, conversation, and door prizes.  Please RSVP by May 2nd at (603) 669-2411 or info@breathenh.org.

Senator David M. Gottesman

********

FRIDAY, MAY 9, 2008

YOU ARE CORDIALLY INVITED TO ATTEND

THE FIFTH ANNUAL

GOVERNOR’S COUNCIL ON PHYSICAL ACTIVITY AND HEALTH

OUTSTANDING ACHIEVEMENT AWARDS

 

FRIDAY, MAY 9, 2008

9:00 AM – 9:30 AM

NHTI Gymnasium

 

The New Hampshire Technical Institute

31 College Drive

Concord, NH 03301

 

THE CEREMONY WILL HONOR ORGANIZATIONS, BUSINESSES, SCHOOLS, AND INDIVIDUALS FOR THEIR OUTSTANDING ACHIEVEMENT IN PROMOTING PHYSICAL ACTIVITY.

Please R.S.V.P. to Travis Horne at 603-224-7447 x223 or

via e-mail at thorne@nhlgc.org

 

Sylvia B. Larsen, Senate President

********

THURSDAY, MAY 15, 2008

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 St. Paul’s Church at the session break.

Senator Molly M. Kelly

********

FRIDAY, JUNE 6, 2008

The 35th Annual Bill White & Junie Blaisdell Ceremonial & Memorial Legislative Golf Tournament for the benefit of the American Heart Association is scheduled for Friday, June 6, 2008 at the Beaver Meadow Golf Club, Concord, NH. The entry fee for this annual tournament is $40.00 per legislator and legislative staff and $100 for all others.  A continental breakfast and barbeque lunch will be provided. There are prizes for the top-place finishers, and a raffle.

 

Registration is at 7:00 a.m. and the shotgun start is scheduled for 8:00 a.m. The format is “Captain and Crew.”

 

Sign-up as a foursome or sign-up by yourself in order to be placed in a foursome.

 

As Beaver Meadow Golf Course requires advance notice of the number of participants, the deadline will be strictly enforced for planning purposes.  Please note that payment must be made upon registration. There will be no exceptions to this rule! Cancellation must occur two weeks prior to the tournament date to receive a full fee refund.

 

Return your entry and payment no later than May 16th to Heather Ebbs in Room 307 of the LOB. Checks should be made payable to:  NH Legislative Golf Committee.

 

Senator Robert E. Clegg Jr.

 

 

!

35th Annual Bill White & Junie Blaisdell Ceremonial & Memorial Golf Tournament

Beaver Meadow Golf Course

Concord, NH

 

 

Name:              1. _______________________________________________________

 

 

                        2. _______________________________________________________

 

 

                        3. _______________________________________________________

                       

 

                        4. _______________________________________________________

 

 

 

Telephone:            _________________________   Amount Enclosed: ___________

********

SENATE SCHEDULE

Thursday, May 1, 2008 - Deadline for Policy Committees to ACT on all House money bills, except bills exempted pursuant to Senate Rule 26(b)

 

Thursday, May 15, 2008 - Last Day to ACT on all remaining House bills

 

Wednesday, May 21, 2008 - Last day to FORM Committees of Conference

 

Monday, May 26, 2008 - Memorial Day (State Holiday)

 

Friday, May 30, 2008 at 12:00 p.m. - Last day to SIGN Committee of Conference Reports

 

Thursday, June 5, 2008 - Last day to ACT on Committee of Conference Reports

 

Friday, July 4, 2008 - Fourth of July (State Holiday)

 

Monday, September 1, 2008 - Labor Day (State Holiday)

 

Tuesday, November 11, 2008 - Veteran's Day (State Holiday)

 

Thursday, November 27, 2008 - Thanksgiving Day (State Holiday)

 

Friday, November 28, 2008 - Day after Thanksgiving (State Holiday)

 

Thursday, December 25, 2008 - Christmas Day (State Holiday)

VISITORS CENTER SCHEDULE - APRIL & MAY

State House Visitation Schedule April & May 2008

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

 

Apr 25

10:00

Maple Ave SchoolClaremont

4/63

Apr 25

11:30

New Franklin SchoolPortsmouth

4/39

Apr 25

12:30

Phoenix AcademyDublin

HS/

Apr 28

8:30

Laconia Memorial Middle School

(6-8)/30

Apr 29

9:30/11:00

SH/HM

Hillsboro-Deering School

4/65

Apr 30

10:00

White Birch Community – Henniker

Adult/30

Apr 30

10:00

John Fuller SchoolKeene

4/50

Apr 30

11:00

St. Joseph’s School – Keene

4/50

May 1

9:30/11:00

SH/HM

Ashland Elementary School

(4&6)/40

May 1

11:30/1:00

SH/HM

Epsom Central School

4/60

May 2

9:30/11:00

SH/SC

Candia Moore School

4/50

May 2

10:30/12:00

SH/HM

Seminary Hill Elementary SchoolWest Lebanon

4/64

May 5

9:00

St. Anthony’s School – Manchester

4/50

May 5

10:15/11:30

SH/SC

Peterborough Elementary School

4/80

May 6

9:00

John Stark High School – Weare

HS/50

May 6

10:00/11:30

SH/HM

William T. Barron SchoolSalem

4/80

May 6

12:00

Ellis SchoolFremont

7/49

May 7

9:30

Campton Elementary School

4/38

May 7

11:00

Bridgewater-Hebron Elementary School

4/31

May 8

8:45

St. John Regional SchoolConcord

4/31

May 8

10:00/11:30

SH/HM

Mastway Elementary School – Lee

4/67

May 9

8:45

New Hampton Community School

4/16

May 9

10:00

Hancock Elementary School

4/14

May 9

10:00

Greenfield Elementary School

4/25

May 9

11:30

Antrim Elementary School

4/33

May 9

1:00

Raymond Christian Home School

(3&4)/20

May 12

9:45

Dr. Louis Soule School – Salem

4/56

May 12

10:30/12:30

SH/Planet

Mildred C. Lakeway SchoolLittleton

4/66

May 13

8:45

Concord Christian Academy

4/20

May 13

9:30/11:00

SH/HM

Gossler Park SchoolManchester

4/70

May 14

10:00/11:30

SH/HM

Interlakes Elementary School – Meredith

4/80

May 15

9:15

Jennie Blake School – Hill

4/15

May 15

10:30/12:00

SH/HM

Hampstead Central School

4/88

May 16

9:00/10:30

SH/HM

Maple Street School – Contoocook

4/80

May 16

1:00

Holderness Central School

4/25

May 19

9:45

Salem Christian Academy

4/20

May 19

11:00

Good Shepherd SchoolBarrington

(3&4)/15

May 19

12:30

Pierce Elementary SchoolBennington

4/29

May 19

2:00

NARFE

Adult/25

May 20

9:30/11:00

SH/HM

Green Acres SchoolManchester

4/105

May 20

12:30

Effingham Elementary School

4/12

May 21

10:00

Newfields Elementary School

4/33

May 21

11:00

Young Professionals Association – North Conway

Adults/15

May 21

12:00

Presentation of Mary AcademyHudson

4/36

May 22

10:30

Alstead Primary School

4/20

May 22

10:30

Acworth Elementary School

4/7

May 22

11:30/1:00

SH/HM

DJ Bakie SchoolKingston

4/80

May 22

1:00

Seminarians

Adult/25

May 23

10:00

Linwood Elementary SchoolLincoln

4/40

May 23

11:30

Salisbury-Webster Elementary School

4/40

May 23

1:00

Bethlehem Elementary School

4/32

May 27

10:00

St. Mary’s School – Claremont

4/11

May 27

10:00/11:30

SH/HM

Enfield Village School

4/56

May 28

10:30

Mountain Shadow SchoolDublin

6/9

May 28

10:30

Nashua Christian Academy

4/11

May 28

12:00

St. Elizabeth of Seton School -
Rochester

4/25

May 29

10:30/12:00

SH/HM

Auburn Village School

4/75

May 30

10:00

Ray SchoolHanover

4/40

May 30

11:15

Gilmanton Elementary School

4/46

********

THE STATE OF NEW HAMPSHIRE

 

SUPREME COURT

 

In Case No. 2008-0292, Request for an Opinion of the Justices (Voting Age in Primary Elections), the court on April 24, 2008, issued the following order:

 

            The following request of the house for an opinion of the justices was adopted on April 23, 2008, and filed with the supreme court on April 24, 2008:

 

HOUSE RESOLUTION 32

 

            Whereas, Senate Bill 436, “An act enabling certain persons to vote in primaries prior to turning 18 years of age,” is presently pending in the house of representatives; and

 

            Whereas, Senate Bill 436 would provide that a person who is 17 years of age and who otherwise meets voter eligibility requirements may participate in a party’s presidential primary and state primary election, provided that such person will        be 18 years of age by the time of the next state general election; and

           

            Whereas, Part I, Article 11 of the Constitution of New Hampshire states: “every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election,” N.H. CONST. pt. I, art. 11; and

 

            Whereas, a question has arisen as to the constitutionality of the bill; and

 

            Whereas, it is important that those constitutional questions be settled before the bill is enacted; now, therefore, be it

 

            Resolved by the House of Representatives:

 

            That the justices of the supreme court be respectfully requested to give their opinion upon the following questions of law:

 

            1. Would enactment of Senate Bill 436 to allow voting in a presidential primary and state primary election by 17-year-old persons who will be 18 years of age at the next state general election, violate Part I, Article 11 of the Constitution of New Hampshire?

 

In Case No. 2008-0292, Request for an Opinion of the Justices (Voting Age in Primary Elections), the court on April 24, 2008, issued the following order:

 

Page 2 of 2

 

            2. Would enactment of Senate Bill 436 which places specific responsibilities upon local supervisors of the checklist regarding the registration, voting, and maintenance of the voter checklists involved in allowing voting in a presidential primary and state primary election by 17-year-old persons who will be 18 years of age at the next state general election, violate Part I, Article 28-a, of the Constitution of New Hampshire?

 

            That the clerk of the house of representatives transmit copies of this resolution and Senate Bill 436 to the Justices of the New Hampshire Supreme Court.

 

            Typewritten memoranda on the questions presented by the request may be furnished by any legislator, attorney, organization, interested party, or member of the public on or before May 7, 2008. An original and eight copies of any memorandum must be filed with the clerk's office.

 

            This order is entered by a single justice (Broderick, C.J.). See Rule 21(7).

 

                                                                                                                                                Eileen Fox,

                                                                                                                                                Clerk