May 1, 2008
No. 18
STATE OF
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 8, 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
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
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 683, relative
to nominations by party committees.
5/01/08, pending motion Interim Study, Election Law and Internal Affairs, SJ
15, pg. TBA
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 1340, relative
to the special account of the judicial retirement system. 5/01/08, pending motion OTP, Executive Departments and Administration,
SJ 15, pg. TBA
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. 407
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. 407
HB 1457, (New Title) allowing smoking in cigar bars. 4/24/08, pending motion ITL, Commerce, Labor and Consumer Pretection, SJ 14, pg. 399
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 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
SPECIAL ORDER
JUDICIARY
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 1613-FN, making changes to certain statutes relating to crimes against children.
Interim Study, Vote 4-0.
Senator Foster for the committee.
REPORTS
COMMERCE, LABOR AND CONSUMER PROTECTION
HB 432-FN, (New Title) relative to certain on-premises beverage and liquor licenses.
Ought to Pass with Amendment, Vote 6-0.
Senator Barnes for the committee.
HB 436, expanding employee freedom of expression to all public employees.
Ought to Pass, Vote 6-0.
Senator Gottesman for the committee.
HB 1197, relative to liquor advertising.
Inexpedient to Legislate, Vote 6-0.
Senator Reynolds for the committee.
HB 1237, (New Title) establishing a committee to study liquor advertising by the liquor commission.
Ought to Pass with Amendment, Vote 6-0.
Senator DeVries for the committee.
HB 1376, relative to insurance penalties.
Ought to Pass, Vote 5-0.
Senator Barnes for the committee.
HB 1436, relative to requiring inclusion of an automatic continuation clause in collectively bargained agreements with public employees.
Inexpedient to Legislate, Vote 5-1.
Senator Gottesman for the committee.
EDUCATION
HB 330, establishing a task force to study the feasibility of supplying laptop computers to all 7th grade children in the state.
Ought to Pass with Amendment, Vote 2-1.
Senator Kelly for the committee.
HB 679-FN-L, relative to delivery of special education services.
Ought to Pass with Amendment, Vote 4-0.
Senator Kelly for the committee.
HB 766-FN, making changes to the laws relating to special education.
Ought to Pass with Amendment, Vote 4-0.
Senator Estabrook for the committee.
HB 1171, establishing a commission to study air quality issues in public school buildings.
Ought to Pass with Amendment, Vote 2-1.
Senator Estabrook for the committee.
HB 1563-FN, authorizing public academies to receive public funds for renovation and expansion of regional vocational education programs.
Inexpedient to Legislate, Vote 2-2.
Senator Kelly for the committee.
ELECTION LAW AND INTERNAL AFFAIRS
HB 1551-FN, relative to fees for special number plates for veterans.
Ought to Pass with Amendment, Vote 4-1.
Senator Burling for the committee.
HB 1554-FN, relative to challenges of voters.
Interim Study, Vote 5-0.
Senator DeVries for the committee.
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT
HB 1405-FN, (New Title) regulating outdoor wood-fired hydronic heaters.
Ought to Pass with Amendment, Vote 4-2.
Senator Hassan for the committee.
HB 1434, relative to the regional greenhouse gas initiative and authorizing cap-and-trade programs for controlling carbon dioxide emissions.
Ought to Pass with Amendment, Vote 4-1.
Senator Fuller Clark for the committee.
HB 1561, establishing an energy conservation and efficiency board.
Ought to Pass with Amendment, Vote 6-0.
Senator Cilley for the committee.
HB 1579-FN, (New
Title) establishing a commission to study issues relating to land development
and land development regulation in
Ought to Pass with Amendment, Vote 5-1.
Senator Fuller Clark for the committee.
HB 1594-FN, relative to hazardous material reporting requirements and establishing fees for hazardous materials facilities and employees.
Ought to Pass with Amendment, Vote 6-0.
Senator Hassan for the committee.
HB 1632, relative
to continuing the commission to study the production and distribution of
biodiesel in
Ought to Pass with Amendment, Vote 5-0.
Senator Cilley for the committee.
HB 1647-FN-A, relative to demand response program revenue.
Ought to Pass, Vote 6-0.
Senator Hassan for the committee.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 1516-FN, relative
to the divestiture of
Ought to Pass, Vote 2-1.
Senator Kelly for the committee.
HB 1645-FN-L, relative
to administration of the
Ought to Pass with Amendment, Vote 6-0.
Senator Downing for the committee.
FINANCE
HB 1395-FN, establishing the AIDS drug assistance program fund and relative to the membership of the health services planning and review board.
Ought to Pass, Vote 3-0.
Senator Sgambati for the committee.
HB 1595-FN, relative to driver's license renewals by persons engaged in overseas government service.
Inexpedient to Legislate, Vote 4-1.
Senator Janeway for the committee.
HEALTH AND HUMAN SERVICES
HB 1231, repealing the advisory panel on cancer and chronic diseases and the tobacco use advisory committee.
Ought to Pass with Amendment, Vote 2-0.
Senator Estabrook for the committee.
HB 1484, establishing a commission to study retail health clinics.
Ought to Pass with Amendment, Vote 2-0.
Senator Janeway for the committee.
HB 1649-FN-L, relative to the Medicaid long-term care eligibility determination process.
Ought to Pass, Vote 2-0.
Senator Estabrook for the committee.
JUDICIARY
HB 1290-L, establishing a committee to study insurance coverage and related issues for children required to do community service.
Ought to Pass, Vote 4-0.
Senator Reynolds for the committee.
HB 1488, establishing a committee to study the feasibility of establishing pro se law libraries.
Ought to Pass with Amendment, Vote 4-0.
Senator Clegg for the committee.
HB 1596-FN-L, (New Title) relative to fees charged by the motor vehicle division and drivers’ license suspension or revocation for failure to register as a sexual offender.
Ought to Pass with Amendment, Vote 4-0.
Senator Letourneau for the committee.
HB 1640-FN, (New Title) relative to the classification of convicted sex offenders and offenders against children and revising the provisions requiring DNA testing of criminal offenders.
Ought to Pass with Amendment, Vote 4-0.
Senator Clegg for the committee.
PUBLIC AND MUNICIPAL AFFAIRS
HB 310, (New Title) allowing municipalities to regulate small wind energy systems.
Ought to Pass with Amendment, Vote 3-0.
Senator Hassan for the committee.
HB 331, (New Title) relative to time limits on design review.
Ought to Pass with Amendment, Vote 3-0.
Senator DeVries for the committee.
HB 1254, (New Title) relative to the ability of towns to regulate the storage of deicing chemicals.
Inexpedient to Legislate, Vote 4-0.
Senator Burling for the committee.
HB 1408-L, relative to the right-to-know law.
Ought to Pass, Vote 4-0.
Senator Hassan for the committee.
HB 1442-FN-A-L, relative to the taxation of farm buildings and land under farm buildings.
Ought to Pass with Amendment, Vote 3-1.
Senator Burling for the committee.
HB 1521-L, relative
to
Ought to Pass, Vote 3-0.
Senator Barnes for the committee.
HB 1636, relative to automotive recycling.
Ought to Pass, Vote 3-0.
Senator DeVries for the committee.
TRANSPORTATION AND INTERSTATE COOPERATION
HB 730, increasing the maximum fine for speeding in a highway construction or maintenance zone.
Inexpedient to Legislate, Vote 2-0.
Senator Letourneau for the committee.
HB 1206, relative to park and ride facilities.
Ought to Pass, Vote 5-0.
Senator DeVries for the committee.
HB 1207, relative to standards for highway and bridge construction.
Ought to Pass, Vote 4-0.
Senator Clegg for the committee.
HB 1466, relative to the inventory fund in the department of safety and relative to the costs and production of number plates.
Ought to Pass, Vote 4-0.
Senator Letourneau for the committee.
HB 1493, relative to the commission to study the state highway trust fund.
Ought to Pass with Amendment, Vote 5-0.
Senator Letourneau for the committee.
HB 1496-FN, establishing motor vehicle learners' permits and relative to youth operators' licenses.
Interim Study, Vote 4-1.
Senator Burling for the committee.
WAYS AND MEANS
HB 1426-FN-A, relative to motor fuel import fees.
Ought to Pass with Amendment, Vote 4-0.
Senator Downing for the committee.
HB 1509-FN-A, establishing certain fees for operators of games of chance for the purpose of funding the education trust fund.
Ought to Pass with Amendment, Vote 4-0.
Senator Odell for the committee.
HB 1644-FN-A, establishing a Coos county job creation tax credit.
Ought to Pass, Vote 4-0.
Senator Reynolds for the committee.
WILDLIFE, FISH AND GAME AND AGRICULTURE
HB 837, (2nd New Title) relative to easement interests under the land and community heritage investment program.
Ought to Pass, Vote 3-0.
Senator Janeway for the committee.
HB 1537, relative to the definition of milk.
Inexpedient to Legislate, Vote 2-1.
Senator D'Allesandro for the committee.
HB 1648-FN, relative to search and rescue response expenses of the fish and game department.
Ought to Pass, Vote 3-0.
Senator Janeway for the committee.
AMENDMENTS
Public and Municipal Affairs
April 30, 2008
2008-1623s
08/09
Amendment to HB 310
Amend RSA 674:59 as inserted by section 1 of the bill by replacing it with the following:
674:59 Municipal Regulations of Small Wind Energy Systems. Ordinances or regulations adopted by municipalities to regulate the installation and operation of small wind energy systems shall not unreasonably limit such installations or unreasonably hinder the performance of such installations. Unreasonable limits or hindrances to performance shall include the following:
I. Prohibiting small wind energy systems in all districts within the municipality. A municipality may, by adoption or amendment of a zoning ordinance, prohibit small wind energy systems in a historic district established pursuant to RSA 674:45 through RSA 674:50 or where necessary to protect the public health, safety, and welfare pursuant to RSA 672:1, III-a.
II. Restricting tower height or system height through application of a generic ordinance or regulation on height that does not specifically address allowable tower height or system height of a small wind energy system. Limits on tower height or system height may consider factors such as, but not limited to, system operability, visual impacts, and safety.
III. Requiring a setback from property boundaries for a tower greater than 150 percent of the system height. In a municipality that does not adopt specific setback requirements for small wind energy systems, any small wind energy system shall be set back from the nearest property boundary a distance at least equal to 150 percent of the system height; provided, however, that this requirement may be modified by the zoning board of adjustment upon application in an individual case if the applicant establishes the conditions for a variance under this chapter.
IV. Setting a noise level limit lower than 55 decibels, as measured at the site property line, or not allowing for limit overages during short-term events such as utility outages and severe wind storms.
V. Setting electrical or structural design criteria that exceed applicable state, federal, or international building or electrical codes or laws.
Amend RSA 674:62 as inserted by section 1 of the bill by replacing it with the following:
674:62 Abutter and Regional Notification.
(b) The cost of abutter notification shall be borne by the applicant.
(c) The building inspector shall provide notice of the issuance of the building permit to the local governing body.
II. The building inspector shall review an application for a small wind energy system pursuant to RSA 36:56 to determine whether it is a development of regional impact, as defined in RSA 36:55. If the building inspector determines that the proposal has the potential for regional impact, he or she shall follow the procedures set forth in RSA 36:57, IV.
Amend RSA 4-C:5-a as inserted by section 4 of the bill by replacing it with the following:
4 New Section; Model Ordinance. Amend RSA 4-C by inserting after section 5 the following new section:
4-C:5-a Model
Ordinance. The director of the office of
energy and planning shall develop a technical bulletin relative to model
municipal ordinances for the construction of small wind energy systems. Prior to development, the director shall hold
one or more public hearings and solicit comments from interested parties. The office shall provide a copy of the
technical bulletin to any
Amend the bill by inserting all after section 4 with the following:
5 New Paragraph; Building Inspectors. Amend RSA 36:57 by inserting after paragraph III the following new paragraph:
IV. Notwithstanding the foregoing, when the building inspector determines that a use or structure proposed in a building permit application will have the potential for regional impact and no such determination has previously been made by another local land use board, he or she shall notify the local governing body. The building inspector shall also notify by certified mail the regional planning commission and the affected municipalities, who shall be provided reasonable opportunity to submit comment to the local governing body prior to the issuance of the building permit.
6 Effective Date.
I. Sections 1-3 of this act shall take effect one year after its passage.
II. The remainder of this act shall take effect upon its passage.
2008-1623s
AMENDED ANALYSIS
This bill allows municipalities to regulate small wind energy systems.
This bill also requires municipal building inspectors to notify abutters of a building permit issued to construct a small wind energy system.
Senate Education
April 29, 2008
2008-1595s
04/05
Amendment to HB 330
Amend section 2 of the bill by replacing subparagraph I(b) with the following:
(b) One member of the senate, appointed by the president of the senate.
Public and Municipal Affairs
April 30, 2008
2008-1612s
06/09
Amendment to HB 331
Amend the bill by replacing all after the enacting clause with the following:
1 Building Permits to be Withheld in Certain Cases; Plat or Application Subject of Notice. Amend RSA 676:12, VI to read as follows:
VI. The provisions of paragraph I shall not apply to any plat or application which has been the subject of notice by the planning board pursuant to RSA 676:4, I(d) prior to the first legal notice of a proposed change in a building code or zoning ordinance or any amendment thereto. No proposed subdivision or site plan review or zoning ordinance or amendment thereto shall affect a plat or application which has been the subject of notice by the planning board pursuant to RSA 676:4, I(d) so long as said plat or application was the subject of notice prior to the first legal notice of said change or amendment. The provisions of this paragraph shall also apply to proposals submitted to a planning board for design review pursuant to RSA 676:4, II(b), provided that a formal application is filed with the planning board within 12 months of the end of the design review process.
2 Board’s Procedures on Plats; Design Review Phase. Amend RSA 676:4, II(b) to read as follows:
(b) Design review phase. The board or its designee may engage in nonbinding discussions with the applicant beyond conceptual and general discussions which involve more specific design and engineering details; provided, however, that the design review phase may proceed only after identification of and notice to abutters, holders of conservation, preservation, or agricultural preservation restrictions, and the general public as required by subparagraph I(d). The board may establish reasonable rules of procedure relating to the design review process, including submission requirements. At a public meeting, the board may determine that the design review process of an application has ended and shall inform the applicant in writing within 10 days of such determination. Statements made by planning board members shall not be the basis for disqualifying said members or invalidating any action taken.
3 Effective Date. This act shall take effect 60 days after its passage.
Commerce, Labor, and Consumer Protection
April 29, 2008
2008-1598s
03/01
Amendment to HB 432-FN
Amend the title of the bill by replacing it with the following:
AN ACT establishing a commission to study on-premises beverage and liquor licenses.
Amend the bill by replacing all after the enacting clause with the following:
1 Commission Established. There is established a commission to study on-premises beverage and liquor licenses.
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) A representative of the New Hampshire Wholesale Beverage Association, appointed by the association.
(d) A representative of the New Hampshire Insurance Department, appointed by the commissioner.
(e) A representative from the hospitality industry, appointed by the governor.
(f) A representative of the New Hampshire Trial Lawyers Association, appointed by the association.
(g) A
representative of the
(h) A representative of the law enforcement community, appointed by the governor.
(i) A representative of New Futures, appointed by that organization.
(j) A representative of the New Hampshire Municipal Association, appointed by the association.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
3 Duties. The commission shall study on-premises beverage and liquor licenses.
4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four 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.
2008-1598s
AMENDED ANALYSIS
This bill establishes a commission to study on-premises beverage and liquor licenses.
Senate Education
April 30, 2008
2008-1610s
04/09
Amendment to HB 679-FN-LOCAL
Amend the bill by replacing section 5 with the following:
5 New Paragraph; Delinquent Children; Release or Detention. Amend RSA 169-B:14 by inserting after paragraph II the following new paragraph:
II-a. After arraignment, the court shall determine if the legally liable school district shall be joined pursuant to RSA 169-B:22.
Amend RSA 169-B:16, III(b) as inserted by section 6 of the bill by replacing it with the following:
(b) Determine whether the legally liable school district shall be joined pursuant to RSA 169-B:22, and if joined, review the school district’s recommendations. The court shall not issue a disposition order until it reviews the investigative report required under this chapter or the school district recommendations required under RSA 169-B:22.
Amend RSA 169-B:22, IV-V as inserted by section 8 of the bill by replacing them with the following:
IV. In an administrative due process hearing
conducted by the department of education pursuant to RSA 186-C, a school
district may provide a hearing officer with information from district court
records which the school district has accessed pursuant to paragraph II of this
section, provided that:
(a) At least 20 days prior to providing any records
to the hearing officer, the school district files notice of its intention to do
so with the court and all parties to the proceedings, and no party objects to
the release of records;
(b)
The notice filed by a school district
under this section shall include, on a separate sheet of paper, the following
statement in bold typeface: “Persons subject to juvenile proceedings have
important rights to the confidentiality of juvenile court proceedings. This notice requests the disclosure of some
or all of that information. If you
object to the disclosure of information, you must file a written objection with
the court no later than 10 days after the filing of the school district’s
notice. If you fail to object in
writing, the court may allow private information to be revealed to the New
Hampshire Department of Education hearing officer.”; and
(c) Any objection by a party shall be filed with
the court no later than 10 days after the filing of the school district’s
notice with the court, unless such time is extended by the court for good
cause.
V. The court may, on its own initiative and no
later than 13 days after the filing of the school district’s notice to the
court, issue an order directing the school district to show cause as to why the
information should be disclosed to the hearing officer. Upon receipt of an objection or issuance of a
show cause order, the court shall schedule an expedited hearing on the matter
to determine if the requested records may be released. The court may rule without a hearing if the
school district and a parent or legal guardian or the juvenile, if he or she has
reached the age of majority, agree in writing to waive a hearing. Upon the filing of an objection or show cause
order, the school district may file a reply explaining why the school district
believes that the information should be disclosed to the hearing officer. In determining whether to authorize the
disclosure of the information requested by the school district, the court shall
balance the importance of disclosure of the records to a fair and accurate
determination of the merits against the privacy interests of the parties to the
proceedings, and render a written decision setting forth its findings and
rulings. No information released to a
hearing officer pursuant to this paragraph shall be disclosed to any other
person or entity without the written permission of the court, the child’s
parent or legal guardian, or the juvenile if he or she has reached the age of
majority, except that a court conducting an appellate review of an
administrative due process hearing shall have access to the same information
released to a hearing officer pursuant to this paragraph.
VI.
In this section, “child with a disability” shall be as defined in RSA
186-C.
Amend RSA 169-C:18, V as inserted by section 9 of the bill by replacing it with the following:
V. If the court determines that a child has been abused or neglected, the court shall order a child placing agency to make an investigation and a social study consisting of, but not limited to, the home conditions, family background, and financial assessment, school record, mental, physical and social history of the family, including sibling relationships and residences for appropriateness of preserving relationships between siblings who are separated as a result of court ordered placement, and submit it in writing to the court prior to the final disposition of the case. The court shall determine whether the legally liable school district shall be joined pursuant to RSA 169-C:20, and if joined, the court shall review the school district’s recommendations. No disposition order shall be made by a court without first reviewing the social study, except pursuant to a voluntary consent order or when waived by all the parties, and without first reviewing the school district recommendations required under RSA 169-C:20. Preliminary orders, continued pursuant to RSA 169-C:16, may be entered or modified as appropriate until the dispositional hearing.
Amend RSA 169-C:20, IV-V as inserted by section 10 of the bill by replacing them with the following:
IV.
In an administrative due process hearing conducted by the department of
education pursuant to RSA 186-C, a school district shall not provide a hearing
officer with information from or copies of records maintained by the court
which the school district has accessed pursuant to paragraph II of this
section, unless the court issues an order authorizing such a release by the
school district in accordance with the following:
(a) A school district seeking such authorization
shall file a motion with the court describing the need for the disclosure in
the department of education proceeding, with copies delivered to all parties on
the same day the motion is filed with the court;
(b)
A motion filed by a school district
under this provision shall include, on a separate sheet of paper, the following
statement in bold typeface: “Persons
subject to juvenile proceedings have important rights to the confidentiality of
juvenile court proceedings. This motion
requests the disclosure of some of that information. If you object to the disclosure of
information, you must file a written objection with the court no later than 10
days after the filing of the school district’s notice. If you fail to object in writing, the court
may allow private information to be revealed to the New Hampshire Department of
Education hearing officer.” ; and
(c)
Any objection by a party shall be filed
with the court no later than 10 days after the filing of the school district’s
notice with the court, unless such time is extended by the court for good
cause.
V. The court shall schedule an expedited hearing
on the matter to determine if such information may be released. The court may rule without a hearing if there
is no objection filed or if the school district and a parent or legal guardian or
the juvenile, if he or she has reached the age of majority, agree in writing to
waive a hearing. In determining whether
to authorize the disclosure of the information requested by the school
district, the court shall balance the importance of disclosure of the records
to a fair and accurate determination of the merits against the privacy
interests of the parties to the proceedings, and render a written decision
setting forth its findings and rulings.
No information released to a hearing officer pursuant to this paragraph
shall be disclosed to any other person or entity without the written permission
of the court, the child’s parent or legal guardian, or the juvenile if he or
she has reached the age of majority, except that any court reviewing an
administrative due process hearing on appeal shall have access to the same
information released to a hearing officer pursuant to this paragraph.
VI.
In this section, “child with a disability” shall be as defined in RSA
186-C.
Amend RSA 169-D:18, IV-V as inserted by section 14 of the bill by replacing them with the following:
IV.
In an administrative due process hearing conducted by the department of
education pursuant to RSA 186-C, a school district may provide a hearing
officer with information from district court records which the school district
has accessed pursuant to paragraph II of this section, provided that:
(a) At least 20 days prior to providing any
records to the hearing officer, the school district files notice of its
intention to do so with the court and all parties to the proceedings, and no party
objects to the release of records.
(b)
The notice filed by a school district
under this provision shall include, on a separate sheet of paper, the following
statement in bold typeface: “Persons subject to juvenile proceedings have
important rights to the confidentiality of juvenile court proceedings. This notice requests the disclosure of some
of that information. If you object to
the disclosure of information, you must file a written objection with the court
no later than 10 days after the filing of the school district’s notice. If you fail to object in writing, the court
may allow private information to be revealed to the New Hampshire Department of
Education hearing officer.” ; and
(c) Any objection by a party shall be filed with
the court no later than 10 days after the filing of the school district’s
notice with the court, unless such time is extended by the court for good
cause.
V. The court may, on its own initiative and no
later than 13 days after the filing of the school district’s notice to the
court, issue an order directing the school district to show cause why the
information should be disclosed to the hearing officer. Upon receipt of an objection or issuance of a
show cause order, the court shall schedule an expedited hearing on the matter
to determine if the requested records may be released. The court may rule without a hearing if the
school district and a parent or legal guardian or the juvenile, if he or she
has reached the age of majority, agree in writing to waive a hearing. Upon the filing of an objection or show cause
order, the school district may file a reply explaining why the school district
believes that the information should be disclosed to the hearing officer. In determining whether to authorize the
disclosure of the information requested by the school district, the court shall
balance the importance of disclosure of the records to a fair and accurate
determination of the merits against the privacy interests of the parties to the
proceedings, and render a written decision setting forth its findings and
rulings. No information released to a
hearing officer pursuant to this paragraph shall be disclosed to any other
person or entity without the written permission of the court, the child’s
parent or legal guardian, or the juvenile if he or she has reached the age of
majority, except that a court conducting an appellate review of an
administrative due process hearing shall have access to the same information
released to a hearing officer pursuant to this paragraph.
VI.
In this section, “child with a disability” shall be as defined in RSA 186-C.
Amend the bill by inserting after section 19 the following and renumbering the original sections 20-32 to read as 21-33, respectively:
20 Pupils; Right of Attendance. Amend the introductory paragraph of RSA 193:28 to read as follows:
193:28 Right of Attendance. Whenever any child is placed and cared for in any home for children, or is placed by the department of health and human services in the home of a relative or friend of such child pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, such child, if of school age, shall be entitled to attend:
Senate Education
April 30, 2008
2008-1602s
04/09
Amendment to HB 766-FN
Amend RSA 186-C:3-a, V as inserted by section 4 of the bill by replacing it with the following:
V. The [division] department of education shall
monitor the operations of local school districts, regional special education
centers, charter schools, and private organizations or state programs for the
benefit of the education of children with disabilities regarding
compliance with state and federal laws regarding the education of students with
[educational] disabilities. The [division’s
regulatory program] department’s monitoring, regulatory
oversight, and program approval shall be structured and implemented in
a prudent manner and shall not place an excessive administrative burden on
local districts. The [division] department
and districts shall approach monitoring and regulation in a constructive,
cooperative manner, while also ensuring accountability for failing to meet standards [with
a goal of improving special education in New Hampshire] and
ensuring the special education needs of children with disabilities are met.
Amend RSA 186-C:3-b, II(a) as inserted by section 4 of the bill by
replacing it with the following:
(a) Individuals with disabilities or parents of
children with disabilities, appointed by the governor.
Amend RSA 186-C:3-b, II(p) as inserted by section 4 of the bill by
replacing it with the following:
(p) One individual representing children with
disabilities who are home-schooled, appointed by the governor.
Amend RSA 186-C:3-b, II (r)-(s) as inserted by section 4 of the bill by
replacing it with the following:
(r) [An official who carries out] A
state and a local educational official who are responsible for performing
activities under subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act, 42 U.S.C. section 11431, et seq, appointed by the governor.
(s) A representative from the department of health and human services responsible for foster care, recommended by the commissioner of the department of health and human services and appointed by the governor.
Amend RSA 186-C:3-b as inserted by section 4 of the bill by deleting
subparagraph II(t).
Amend RSA 186-C:3-b, III(a) as inserted by section 4 of the bill by
replacing it with the following:
III.(a) Committee members shall be appointed to [3-year]
staggered
2-year terms, and members may succeed themselves [for one additional
term].
Amend RSA 186-C:5, III(f) as inserted by section 5 of the bill by
replacing it with the following:
(f) Program approval and monitoring personnel or
teams, which shall be knowledgeable in research-based education, special
education practices, professionally recognized program evaluation practices,
the Individuals With Disabilities Education Act, and state special education
laws and which shall receive appropriate training to participate in the
monitoring process. Such personnel or
teams for on-site monitoring shall consist of at least one of each of the following: an educator, an educational administrator,
and a parent who resides in another school district, who shall receive mileage
reimbursement. The department may
determine that for certain on-site visits less than a full team is
necessary. The department directly or by
contract shall develop and train a group of parents on the requisites needed to
carry out the monitoring duties. Where
volunteers or contracted personnel are used for the non-parent team slots, attempts
shall be made to use or balance teams with personnel from non-school district
sources such as qualified individuals from higher education. Educators and educational administrators that
are used (1) may not review schools in school districts in which they are
employed or have been employed in the previous 2 years and (2) may not be from
schools which in the current or prior 3 years have been the subject of
mandatory technical assistance under subparagraph V(a)(2) or any of the
interventions in subparagraphs V(a)(3)-(12).
The department shall make available sufficient funds for stipends or
similar financial remuneration, in addition to expense reimbursements to ensure
that teams have a diversity of perspectives and high quality professional
membership The department of education
may contract with an individual or organization which has the requisite
expertise and skill to perform the monitoring activities, and who is otherwise
independent from school district and non-school district programs in New
Hampshire. This subparagraph shall not
be construed to preclude individuals who may have performed sporadic or
occasional contract or volunteer work for school district or non-school
district programs.
Amend RSA 186-C:5, V(e)(10) as inserted by section 5 of the bill by
replacing it with the following:
(10) Ceasing payments of state or federal special education funds to the school district or other public agency until the department of education determines the school district or other public agency is in compliance.
Amend RSA 186-C:7-a, IV as inserted by section 7 of the bill by
replacing it with the following:
IV. The commissioners of the departments of education
and health and human services shall submit a copy of the [initial]
interagency agreement for special education, reflecting changes required under this
section, to the appropriate standing committees of each house of the
general court on or before [September 1, 1985] October 1, 2008, and
shall submit [a revision to the agreement no later than January 1,
1999. Any subsequent proposed] any
subsequent amendments or revisions to the agreement [shall be
submitted] to the appropriate standing committees of the house and senate, no
later than 60 days after adoption of the amendments or revisions. Prior to adopting any revisions or amendments
to the agreement, the commissioners shall jointly solicit input from relevant
advisory committees and the public.
Amend RSA 186-C:25, III(d) as inserted by section 26 of the bill by replacing it with the following:
(d) Be provided only after obtaining parental consent each time the services are billed.
Amend the bill by replacing section 35 with the following:
35 Effective Date. This act shall take effect January 1, 2009.
Senate Education
April 29, 2008
2008-1596s
04/05
Amendment to HB 1171
Amend section 2 of the bill by replacing subparagraph I(b) with the following:
(b) One member of the senate, appointed by the president of the senate.
Amend the bill by replacing section 3 with the following:
3 Duties.
I. The commission shall study air quality issues in public school buildings, and the feasibility of implementing air quality standards and performing regular air quality inspections in public school buildings.
II. The commission
shall investigate and make recommendations regarding successful,
cost-effective, alternative initiatives developed to address air quality issues
in public school buildings elsewhere in
III. The commission may solicit, accept, and expend any grants, gifts, or donations from any source, provided such grants, gifts, or donations shall be used for the purpose of retaining consultants with relevant information and expertise as deemed necessary by the commission.
Health and Human Services
May 1, 2008
2008-1638s
01/04
Amendment to HB 1231
Amend the title of the bill by replacing it with the following:
AN ACT repealing the advisory
panel on cancer and chronic diseases and the tobacco use advisory committee and
relative to the
Amend the bill by replacing all after section 1 with the following:
2 New Hampshire Comprehensive Cancer Plan. Amend RSA 126-A:64 to read as follows:
126-A:64 Comprehensive
Cancer Plan Fund. There is hereby
established in the office of the state treasurer the comprehensive cancer plan
fund, to be administered by the department of health and human services. The department is authorized to accept public
sector and private sector grants, gifts, donations, and appropriations for
deposit into the fund. The fund shall be
nonlapsing and continually appropriated to the department, and shall be used to
implement the provisions of the
67.4 percent towards the state tobacco
use prevention program which shall be expended by the department for] Tobacco
use prevention and cessation programs [as provided] using strategies included in RSA 126-K:15.
II. [2.5
percent towards] Diet and exercise programs.
III. [5.9
percent towards] Early detection and screening programs for breast and
cervical cancer.
IV. [17.6
percent towards] Early detection and screening programs for colorectal
cancer.
V. [1.2 percent
towards] Survivorship and cancer support for those affected by prostate
cancer.
VI. [2.2 percent to identify and promote treatment and]
Support services for survivors.
VII. [3.2
percent to minority oversampling data for information on] Data
collection and analysis of minority population behavioral risk and
cancer rates.
3 Comprehensive Cancer Plan Oversight Board. Amend RSA 126-A:65, III to read as follows:
III. The [board
of directors] members of the board may appoint other members to the
comprehensive cancer plan oversight board.
4 Effective Date.
I. Section 1 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
2008-1638s
AMENDED ANALYSIS
This bill repeals the advisory panel on cancer and chronic diseases and the tobacco use advisory committee.
This bill also allows the comprehensive cancer plan oversight board to allocate the amounts to be expended from the comprehensive cancer plan fund on certain programs. Current law includes percentage amounts for such programs.
Commerce, Labor, and Consumer Protection
April 29, 2008
2008-1593s
03/05
Amendment to HB 1237
Amend the title of the bill by replacing it with the following:
AN ACT establishing a committee to study liquor advertising by the liquor commission and relative to race track cocktail lounge licenses.
Amend subparagraph I(b) of section 2 of the bill by replacing it with the following:
(b) One member of the senate, appointed by the president of the senate.
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 first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Two members of the committee shall constitute a quorum.
Amend the bill by inserting after section 5 the following and renumbering the original section 6 to read as 7:
6 New Subparagraph; Race Track Cocktail Lounge Licenses. Amend RSA 178:22, V(n) by inserting after subparagraph (2) the following new subparagraph:
(3) Notwithstanding paragraph III, a commercial motor vehicle racetrack licensed under this section may allow patrons to carry beverages into the facility for on-premise consumption with approval of the commission.
2008-1593s
AMENDED ANALYSIS
This bill establishes a committee to study liquor advertising by the liquor commission. This bill also permits the holder of a race track cocktail lounge license to carry beverages into the facility for on-premises consumption.
Sen. Hassan, Dist. 23
April 29, 2008
2008-1567s
08/05
Amendment to HB 1405-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Purpose and Findings.
I. Due to many factors, outdoor wood-fired
hydronic heaters (OWHH) are increasingly becoming a primary method of heating
homes and other buildings in the winter and providing hot water year round. The basic design of many OWHHs on the market
today causes the fuel to burn incompletely, resulting in thick smoke and high
particulate emissions. The problem is
exacerbated when other materials such as wet wood and trash are burned. Further, the short stack heights of OWHHs and
reduced draft often fail to disperse the smoke adequately, resulting in
concentrated pollution at lower heights, impacting residents and neighbors.
II. Smoke from OWHHs results in emissions of fine
particulates, carbon monoxide, and other organic products formed from
incomplete combustion, such as formaldehyde, benzene, and aromatic
hydrocarbons. When inhaled, fine
particles from smoke emissions are carried deep into the lungs and can
aggravate existing conditions such as asthma or lung and heart disease, as well
as impair lung function. Exposure to
other pollutants in smoke, such as benzene or polycyclic aromatic hydrocarbons,
can cause a diverse range of harmful health effects, including asthmatic
sensitivity, lung illness, and cancer.
2 New Chapter; Outdoor Wood-Fired Hydronic Heaters. Amend RSA by inserting after chapter 125-Q the following new chapter:
CHAPTER 125-R
Outdoor Wood-Fired Hydronic Heaters
125-R:1 Definitions.
II. “Commissioner” means the commissioner of the department of environmental services.
III. “EPA” means United States Environmental Protection Agency.
V. “Outdoor wood-fired hydronic heater” (OWHH) or “outdoor wood boiler” means a fuel burning device:
(a) Designed to burn wood or other solid fuels;
(b) That the manufacturer specifies for outdoor installation or in structures not normally occupied by humans, including structures such as garages and sheds; and
(c) Which heats building space and water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
VI. “Person” means any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.
VII. “Phase I OWHH” means an OWHH that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.6 pounds per million British Thermal Units input and is labeled accordingly.
VIII. “Phase II OWHH” means an OWHH that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output and is labeled accordingly.
125-R:2 Unit Requirements.
I. Upon the effective date of this section, no person shall sell or distribute for sale an OWHH that is not a Phase I or Phase II OWHH.
II. Beginning one year from the effective date of this section, no person shall sell or distribute for sale an OWHH that is not a Phase II OWHH.
III. No person shall operate an OWHH:
(a) In such a manner as to cause injury or
potential damage to human health or the environment or to interfere with
another person’s use of and/or enjoyment of property, including but not limited
to:
(1) Activating smoke detectors in neighboring
structures;
(2) Impairing visibility on a public road; or
(3) Causing a condition which the commissioner
determines, pursuant to written findings, to have actual or potential adverse
health impacts.
(b) In such a manner as to create a smoke plume
with an opacity of 20 percent or greater on a 6 minute average basis except for
one 6 minute period per hour of not more than 27 percent opacity as determined
via EPA Reference Method 9.
(c) Unless it is 100 feet or more from the nearest
property line; provided further that, an OWHH shall be located 1000 feet or more from a property line of a
school, hospital, a medical facility, childcare operation, elderly housing, or
senior center.
(d) Unless it has a permanent attached stack that is at least 18 feet above ground level.
125-R:3 Permitted Fuels. Any person that owns or operates an OWHH shall not use a fuel other than the following:
I. Clean wood;
II. Wood pellets made from clean wood;
III.
IV. Other fuels as approved by the commissioner through rules adopted pursuant to RSA 541‑A.
125-R:4 Exemption. An OWHH that is specifically designed to burn wood pellet fuel with metered fuel and air feed and controlled combustion engineering, is operated according to manufacturers’ specifications and burns only wood pellet fuel shall be exempt from this chapter.
125-R:5 Enforcement.
I. The commissioner shall enforce the provisions of this chapter. Any person who violates any provision of this chapter or any rule adopted under this chapter shall be guilty of a violation and may be assessed by the commissioner, after notice and hearing, an administrative fine for the first offense not to exceed $250 and for each subsequent offense not to exceed $500. All fine proceeds shall be deposited in the general fund.
II. Whenever the commissioner finds a person has violated any of the provisions of this chapter or rule established under this chapter, the commissioner may issue an order of abatement establishing a compliance schedule with which the person shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30-day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying, or abrogating the commissioner’s order of abatement or any part thereof. The council’s decision shall become final 10 days after it is issued.
125-R:6 Municipal Authority. Nothing in this chapter shall be construed to limit the authority of a municipality to prevent and remove nuisances and protect public health in accordance with RSA 147, or to adopt and enforce land use ordinances and regulations pursuant to RSA 674 and 675 relative to OWHHs, that meet or exceed state requirements, including but not limited to provisions relative to setbacks and stack heights, prohibiting the installation of OWHHs in one or more zoning districts, or requiring in one or more zoning districts the installation and operation of lower emission of versions of OWHHs that have been certified or qualified under this chapter.
125-R:7 Notice to Buyers.
I. Prior to the execution of a sales for a new or used OWHH, the distributor/seller shall provide the prospective buyer with a copy of this chapter and a written notice which includes:
(a) An acknowledgement that the buyer was provided with a copy of this chapter;
(b) A list of approved fuels; and
(c) A statement that even if the requirements set forth in this chapter are met there may be ordinances imposed by the buyer’s municipality or findings of adverse effects by the commissioner that will limit or prohibit the use of the purchased OWHH.
II. The notice shall be signed and dated by the buyer and the distributor/seller when the sale of the OWHH is completed. The name and address of the owner, name of the manufacturer, model and date of manufacture of the OWHH, height of the permanent stack and distance to the nearest property line shall be included in the completed notice.
III. The distributor/seller shall submit the original signed copy of the notice to the commissioner within 7 days of making the delivery of the OWHH to the buyer.
3 Report to Air Pollution Advisory Committee. The department shall investigate and resolve all public complaints filed by residents to the department and shall review OWHH technology, including the achievable emission limits, improvements in OWHH’s efficiency and improvements in emission rates of OWHH. The department shall report its findings and recommendations, including how complaints were resolved and any recommendations for additional legislation, by November 1 of each year until 2012, to the air pollution advisory committee established pursuant to RSA 125-J:11.
4 Effective Date. This act shall take effect 30 days after its passage.
Sen. Odell, Dist. 8
April 28, 2008
2008-1557s
08/09
Amendment to HB 1426-FN-A
Amend the bill by replacing all after the enacting clause with the following:
1 Change in Import Fee Allocation. Amend RSA 146-D:3, VI(a)-(b) to read as follows:
(a) A fee
of $0.015 shall be assessed for each gallon of diesel fuel [for
which a fee is assessed, $.014 shall be placed in an account for reimbursement
of owners of eligible underground storage facilities and $.001 shall be placed
in an account to be used for reimbursement of owners of eligible bulk storage
facilities].
(b) For each
gallon of gasoline for which a fee is assessed, [$0.0115] $0.0125
shall be placed in the [underground storage facilities account, $0.001 shall
be placed in the bulk storage facilities account] oil discharge and disposal
cleanup fund and $0.0025 shall be placed in the gasoline remediation
and elimination of ethers fund established under RSA 146-G.
2 Change in Import Fee Allocation. Amend RSA 146-G:4, II to read as follows:
II. Moneys in the
fund not currently needed to meet the obligations of the board under this
chapter shall be deposited with the state treasurer to the credit of the fund
and shall be invested as provided by law.
Interest received on such investment shall also be credited to the
fund. If the fund’s balance becomes
greater than $2,500,000, the transfer of moneys into the fund as established in
[RSA 146-D:3] RSA 146-D:3, VI(b) shall be
discontinued and only re-established when the fund’s balance is below
$1,000,000. Those fees normally
transferred to the gasoline remediation and elimination of ethers fund shall
accumulate instead in the [account for reimbursement of owners of eligible
underground storage facilities under RSA 146-D:3, VI] oil discharge and disposal
cleanup fund.
3 Reporting Requirement; Deadline Extended. Amend RSA 146-G:9 to read as follows:
146-G:9 Reporting by the Oil Disbursement Board.
The board shall file annual reports of
the status of the gasoline remediation and elimination of ethers fund no later
than October 1, to the speaker of the house, the president of the senate and
the state library. The first such report
shall be submitted no later than October 1, 2002. The board shall also file interim reports on
the activities of the gasoline remediation and elimination of ethers fund,
including expenditures and reimbursements, and enforcement and remediation
activities under RSA 146-G, by October 1, 2005 and by October 1, [2008] 2010
to the senate president, the speaker of the house of representatives, the
senate clerk, the house clerk, the house and senate committees having
jurisdiction over water quality policy, the governor, and the state library. The board shall file a final report on the
activities of the fund and enforcement and remediation activities by October 1,
[2009] 2015 to the senate president, the speaker of the house of
representatives, the senate clerk, the house clerk, the house and senate
committees having jurisdiction over water quality policy, the governor, and the
state library.
4 Funds Transfer Date Changed. Amend 1993, 294:1 as amended by 1995, 247:9, as amended by 2001, 293:18 to read as follows:
294:1 Funds Transferred
to Oil Pollution Control Fund. The oil
discharge and disposal cleanup fund established in RSA 146-D:3, I shall lapse
on July 1,
[2010] 2015. Any moneys remaining in the fund at that time
shall be transferred to the oil pollution control fund established in RSA
146-A:11-a.
5 Funds Transfer Changed. Amend 2001, 293:21 to read as follows:
293:21 Funds Transferred to Oil Pollution Control
Fund. The gasoline remediation and
elimination of ethers fund established in RSA 146-G:4, I shall lapse on July 1,
[2009] 2015. Any moneys
remaining in the fund at that time shall be transferred to the [oil
discharge and disposal cleanup fund account for underground storage facilities,
established in RSA 146-D:3, VI] oil pollution control fund established in
RSA 146-A:11-a.
6 Commissioner of Safety; Rulemaking Authority. Amend 2001, 293:14 to read as follows:
293:14 Commissioner of Safety; Rulemaking Authority;
[2009] 2015 Version. RSA
21-P:14, V(q) is repealed and reenacted to read as follows:
(q)
Procedures for the inspection and verification of oil import records
pursuant to RSA 146-A:11-b[, RSA 146-D:3,] and RSA 146-E:3 after
consultation with the department of environmental services and the oil fund
disbursement board, and pursuant to RSA 147-B:12 after consultation with the
department of environmental services.
7 Determination and Payment of Road Toll. Amend 2001, 293:17 to read as follows:
293:17 Determination and Payment of Road Toll; [2009] 2015
Version. RSA 260:38, IV is repealed and
reenacted to read as follows:
IV. The department
of safety shall be responsible for licensing and the collection of the fee
established under RSA 146-A:11-b[, RSA 146-D:3,] and RSA 146-E:3 and
transfer of such fees into the appropriate designated funds under rules adopted
by the commissioner pursuant to RSA 541-A, after consultation with the
department of environmental services and the oil fund disbursement board. The department of safety shall be responsible
for the collection of the fee established under RSA 147-B:12 and transfer
of such fee into the hazardous waste cleanup fund under rules adopted by the
commissioner pursuant to RSA 541-A, after consultation with the department of
environmental services.
8 Repeal. RSA 146-D:3, VII, relative to import fee allocations, is repealed.
9 Effective Date of Repeal Changed. Amend 1988, 271:11, I as amended by 1993, 294:14, as amended by 1995, 247:10, as amended by 2001, 293:19 to read as follows:
I. Paragraphs VIII
and IX of section 9 of this act shall take effect July 1, [2010] 2015.
10 Effective Dates of Repeals Changed. Amend 2001, 293:22, I-III to read as follows:
I. Paragraph I of
section 20 of this act shall take effect July 1, [2009] 2015.
II. Paragraph II
of section 20 of this act shall take effect October 1, [2009] 2015.
III. Sections 14
and 17 of this act shall take effect at 12:01 a.m. on July 1, [2009]
2015.
11 Effective Date. This act shall take effect July 1, 2008.
2008-1557s
AMENDED ANALYSIS
This bill:
I. Consolidates two separate cleanup accounts in the oil discharge and disposal cleanup fund into a single account.
II. Extends the lapse dates of the oil discharge and disposal cleanup fund and the gasoline remediation and elimination of ethers fund.
III. Increases the fee assessed on motor fuels and places the collected fees in the oil discharge and disposal cleanup fund.
IV. Is a request of the oil fund disbursement board.
Energy, Environment, and Economic Development
April 30, 2008
2008-1629s
08/04
Amendment to HB 1434
Amend RSA 125-O:20, VIII as inserted by section 2 of the bill by replacing it with the following:
VIII. “International trading programs” means international programs approved by the department such as the European Emission Trading Scheme (ETS) and offset credits established under the Clean Development Mechanism (CDM) to be used to obtain equivalent RGGI offset allowances pursuant to RSA 125-O:22, II(b).
Amend RSA 125-O:22, I as inserted by section 2 of the bill by replacing it with the following:
I. Each affected CO2 source shall obtain and retire a quantity of RGGI allowances equivalent to its CO2 emissions from fossil-fuel fired generation for each compliance period.
Amend RSA 125-O:22, VI as inserted by section 2 of the bill by replacing it with the following:
VI. Budget allowances shall be provided to affected CO2 sources as needed and upon request for CO2 emissions in periods of operation during which an Operating Procedure 4 capacity deficiency alert is in force as established by the ISO New England Inc. The department shall reserve from auction for such emergency conditions a quantity of allowances equal to one percent of the annual budget allowances which shall be the maximum made available in a given year under this paragraph. The department shall directly sell these allowances to the affected CO2 sources at the last regional auction clearing price. Those allowances reserved but not sold in a given year as provided in this paragraph shall be auctioned the following calendar year.
Amend RSA 125-O:23 as inserted by section 2 of the bill by replacing it with the following:
125-O:23 Greenhouse Gas Emissions Reduction Fund.
I. There is hereby established a greenhouse gas emissions reduction fund. This nonlapsing, special fund shall be continually appropriated to the public utilities commission to be expended in accordance with this section. The state treasurer shall invest the moneys deposited therein, as provided by law. Income received on investments made by the state treasurer shall also be credited to the fund. All programs supported by these funds shall be subject to audit by the public utilities commission as deemed necessary. A portion of the fund moneys shall be used to pay for commission and department costs to administer this subdivision, including contributions for the state’s share of the costs of the RGGI regional organization. Any new employee positions to be paid for using fund moneys shall be approved by the fiscal committee of the general court pursuant to RSA 124:15. The public utilities commission shall transfer from the fund to the department such costs as may be budgeted and expended, or otherwise approved by the fiscal committee and the governor and council, for the department’s cost of administering this subdivision.
II. Fund moneys shall be used to support energy efficiency, conservation, and demand response programs to reduce greenhouse gas emissions generated within the state, which may include programs proposed and administered by private entities, as well as by the department, the commission, and other state and local governmental agencies. Such programs may include, but not be limited to, improving the electrical and thermal energy efficiency of New Hampshire’s residential housing and commercial building stock via weatherization, energy auditing, energy efficiency related work force training and development, revolving loan funds for efficiency related investment, related industrial process and control systems, integration of passive solar heating and ventilation systems, efforts to increase adherence to energy related building and electrical codes. These funds shall not be transferred or used for any other purpose.
III. At least 10 percent of the moneys shall be used to assist low-income residential customers, as defined by the commission and in a manner compatible with other low-income programs administered by the commission, to reduce total energy use including heating fuels and to foster the development and retrofitting of highly efficient and affordable housing.
IV. Notwithstanding paragraphs I, II, and III, all amounts in excess of the threshold prices listed below for any allowance sale made prior to January 1, 2016 that is deposited in the fund shall be rebated to all electric ratepayers in the state on a per-kilowatt-hour basis, in a timely manner, to be determined by the commission. For the following years listed, the threshold price shall be:
(a) 2009 and 2010, $6/ton.
(b) 2011 and 2012, $9/ton.
(c) 2013 and 2014, $12/ton.
(d) 2015, $15/ton.
(e) After 2015, no threshold price.
V. In the event that the commission finds that a significant amount of unencumbered dollars have accumulated in the greenhouse gas emissions reduction fund, and are not needed for program purposes, the commission shall refund such unencumbered dollars to rate payers in a timely manner.
VI. All penalties collected pursuant to this subdivision shall be deposited in the greenhouse gas emissions reduction fund.
VII. In selecting programs to be funded under this section the commission shall consider, at a minimum, the extent to which the proposed program can be expected to:
(a) Reduce
greenhouse gas emissions from all fuels used to provide electricity, heating, and
cooling in
(b) Be cost-effective;
(c) Reduce
(d) Promote market transformation, innovative technology and economic development, and energy cost savings; and
(e) Otherwise be consistent with the public interest and the purposes of this subdivision.
Amend RSA 125-O:24, V and VI as inserted by section 2 of the bill by replacing them with the following:
V. At the distribution rate specified in paragraph VI, the department shall grant to PSNH budget allowances, at no cost, equivalent to the total of the banked allowances pursuant to paragraph IV minus the early reduction allowances granted to PSNH under RSA 125-O:21, IV. PSNH shall be obligated to apply for early reduction allowances for any eligible projects it has undertaken.
VI. The department shall grant budget allowances pursuant to this section as expeditiously as possible, but in no event shall the amount of budget allowances granted pursuant to this section total more than 2.5 million allowances per year in years 2009, 2010, and 2011, and 1.5 million allowances in each year thereafter. For each budget allowance granted, one banked allowance shall be retired.
Amend RSA 125-O:24, IX as inserted by section 2 of the bill by replacing it with the following:
IX. No remaining banked allowances held by the department originating from the calculation performed under paragraph IV, shall be used for RGGI compliance purposes after the department ceases to grant budget allowance in accordance with paragraph VII or VIII. These remaining banked allowances shall not be used for compliance or exchanged for value in any existing or future federal program. When developing future state programs, the legislature may recognize the existence of these remaining banked allowances when determining the future compliance obligations of PSNH.
Amend RSA 125-O:27 as inserted by section 2 of the bill by replacing it with the following:
125-O:27 Review of the
Amend RSA 125-O:10 as inserted by section 7 of the bill by replacing it with the following:
125-O:10
Non-Severability. No provision of
RSA
125-O:1 through RSA 125-O:18 of this chapter shall be implemented in a
manner inconsistent with the integrated, multi-pollutant strategy or RSA 125-O:1
through RSA 125-O:18 of this chapter [in its entirety], and to
this end, the provisions of RSA 125-O:1 through RSA 125-O:18 of this
chapter are not severable.
Amend paragraph II of section 9 of the bill by inserting after subparagraph (o) the following new paragraphs:
(p) The executive director of the New Hampshire Housing Finance Authority, or designee.
(q) The state fire marshal, or designee.
Public and Municipal Affairs
April 29, 2008
2008-1591s
09/04
Amendment to HB 1442-FN-A-LOCAL
Amend the bill by replacing section 1 with the following:
1 New Chapter; Taxation of Farm Structures and Land Under Farm Structures. Amend RSA by inserting after chapter 79-E the following new chapter:
CHAPTER 79-F
Taxation of FARM STRUCTURES AND
Land UNDER Farm Structures
79-F:1 Declaration of
Public Interest. The general court
hereby finds it to be in the public interest to encourage the preservation of
productive farms and associated structures.
These structures are important in sustaining the economic viability of
the state’s farms, ensuring a reliable and safe local food supply, and
providing an attractive environment for recreation, tourism, and wildlife. Farming in
79-F:2 Local Adoption of This Chapter.
I. Any municipality may adopt the provisions of this chapter by vote of its legislative body. Any city or town may do so by following the procedures in this section.
II. In a town, other than a town that has adopted a charter pursuant to RSA 49-D, the question shall be placed on the warrant of annual town meeting, by the governing body or by petition under RSA 39:3.
III. In a city or town that has adopted a charter under RSA 49-C or RSA 49-D, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. In the alternative, the legislative body of such municipality may vote to place the question on the official ballot for any regular municipal election.
IV. If a majority of those voting on the question vote “yes,” the provisions of this chapter shall take effect on April 1 following the vote, subject to the provisions of paragraph VI of this section.
V. If the question is not approved, the question may later be voted on according to the provisions of paragraph II or III of this section, whichever applies.
VI. A municipality that has adopted this program may consider rescinding its action in the manner described in paragraph II or III of this section, whichever applies.
79-F:3 Definitions.
II. “Assessing official” means the assessing authority of any town, city, or place.
III. “Board of tax and land appeals” means the board of tax and land appeals established pursuant to the provisions of RSA 71-B:1.
IV. “Commissioner” means the commissioner of the department of revenue administration.
V. “Land under the qualifying farm structure” means only the land immediately under the footprint of the qualifying farm structure and its appurtenances, if any.
VI. “Open space land” means any or all farm land, forest land, or unproductive land as defined as follows.
(a) “Farm land” means any cleared land devoted to or capable of agricultural or horticultural use.
(b) “
(c) “Unproductive land” means land, including wetlands, which by its nature is incapable of producing agricultural or forest products due to poor soil or site characteristics, or the location of which renders it inaccessible or impractical to harvest agricultural or forest products.
VII. “Owner” means the person who is the owner of record of any land.
VIII. “Person” means any individual, firm, corporation, partnership, or other form of organization or group of individuals.
IX. “Qualifying farm structures” mean structures contiguous to a minimum of 10 acres of open space land used exclusively to:
(a) House livestock;
(b) Store feed grown or used on the farm;
(c) Store livestock bedding;
(d) Store crops or fertilizer for crops grown on the farm;
(e) Store farm equipment which is actively used to maintain the farm; or
(f) Boil sap from maple trees and store fuel-wood used to boil sap from maple trees.
X. “Use change tax” means a tax that shall be levied when the land use changes from under farm buildings use to a non-qualifying use or when the use of a qualifying farm structure changes to a non-qualifying use.
79-F:4 Appraisal of Qualifying Farm Structures and Land Under Them.
I. The selectmen or assessing officials in any municipality adopting the provisions of this chapter shall appraise:
(a) Qualifying farm structures for no more than their replacement costs less depreciation; and
(b) The land under the qualifying farm structures at no more than 10 percent of its market value. The land under the qualifying farm structure shall be contiguous to a minimum of 10 acres of open space land.
II. No owner of a qualifying structure shall be entitled to have the qualifying structure or land under it classified for any tax year under the provisions of this chapter unless he or she applies to the assessing officials on or before April 15 of said year, on a form approved and provided by the commissioner, to have his or her parcel of land so classified. If any owner satisfies the assessing officials that he or she was prevented by accident, mistake, or misfortune from filing such application on or before April 15, the assessing officials may receive the application at a later date and classify the structure and parcel of land under this chapter; but no such application shall be received after the local tax rate has been approved by the commissioner for that year.
III. The assessing officials shall notify the applicant on a form provided by the commissioner no later than July 1, or within 15 days if the application is filed after July 1, of their decision to classify or refusal to classify the structure and parcel of land under the provisions of this chapter by delivery of such notification to him or her in person or by mailing such notification to his or her last and usual place of abode.
IV. Prior to July 1 each year, the assessing officials shall determine if previously classified structures and lands have been reapplied or have undergone a change in use so that the use change tax may be levied against the structures and lands changed in use, according to RSA 79-F:5. A list of all classified structures and lands and their owners in each town or city shall be filed by the respective assessing officials each year. Such list shall be part of the invoice and subject to inspection as provided in RSA 76:7.
V. The commissioner shall include on the inventory blank, required under RSA 74:4, a question concerning whether any changes have been made in the use of qualifying structures and land classified as land under qualifying farm structures. The question shall be written to enable the assessing officials to locate structures and parcels which may require a change in assessment and to fit the context of the blank.
VI. The assessing officials shall file with the register of deeds in the appropriate county, on or before August 1 in each year, a notice of contingent liens describing all structures and parcels of land classified under the provisions of this chapter. If a parcel of land is classified as land under qualifying farm structures after such date, the assessing officials shall file notice of contingent lien with the register of deeds in the appropriate county within 14 days of said classification. The notice filed pursuant to this paragraph shall be on a form approved by the board and provided by the commissioner, shall contain the name of each owner, the date of classification and a short description of each parcel of real estate together with such other information as the board may prescribe; provided, however, the assessing officials shall not file each year parcels of land classified under this chapter which have been previously filed, unless there has been some change in the acreage involved.
VII. A fee, in accordance with RSA 478:17-g, I, shall be paid by the owner for each parcel which is classified as land under qualifying farm structures to the local assessing officials, to be paid over to the register of deeds for recording the notice of contingent lien. The notice of contingent lien shall constitute notice to all interested parties that a lien on the parcel shall be created if and when the land is subsequently disqualified from taxation under this chapter, in the same manner as provided in RSA 80:85.
79-F:5 Consideration for Use Change. Land and qualifying farm structures which have been appraised pursuant to this chapter shall be subject to a use change tax, payable to the tax collector of the municipality, if the use thereof changes to such an extent that the structure no longer meets the definition of a qualifying farm structure as defined in RSA 79-F:3, IX. The consideration shall be at the rate of 10 percent of the full value assessment determined without regard to the current use of the land or qualifying farm structure. Notwithstanding the provisions of RSA 76:2, such assessed value shall be determined as of the actual date of the use change if such date is not April. This use change tax shall be in addition to the annual real estate tax imposed upon the property, and shall be due and payable upon the use change.
79-F:6 Appeal to Board of Tax and Land Appeals.
I. If the assessing officials deny in whole or in part any application for classification as land under qualifying farm structures, or grant a different classification than that applied for, the applicant, having complied with the requirements of RSA 79-F:4, II may, on or before 6 months after any such action by the assessing officials, in writing and upon a payment of a $65 filing fee, apply to such board for a review of the action of the assessing officials.
II. The board of tax and land appeals shall investigate the matter and shall hold a hearing if requested as provided in this section. The board shall make such order thereon as justice requires, and such order shall be enforceable as provided hereafter.
III. Upon receipt of an application under the provisions of paragraph I, the board of tax and land appeals shall give notice in writing to the affected town or city of the receipt of the application by mailing such notice to the town or city clerk thereof by certified mail. Such town or city may request in writing a hearing on such application within 30 days after the mailing of such notice. If a hearing is requested by a town or city, the board shall, not less than 30 days prior to the date of hearing upon such application, give notice of the time and place of such hearing to the applicant and the town or city in writing. Nothing contained herein shall be construed to limit the rights of taxpayers to a hearing before the board of tax and land appeals.
IV. The applicant and the town or city shall be entitled to appear by counsel, may present evidence to the board of tax and land appeals and may subpoena witnesses. Either party may request that a stenographic record be kept of the hearing. Any investigative report filed by the staff of the board shall be made a part of such record.
V. In such hearing, the board of tax and land appeals shall not be bound by the technical rules of evidence.
VI. Either party aggrieved by the decision of the board of tax and land appeals may appeal pursuant to the provisions of RSA 71-B:12. For the purposes of such appeal, the findings of fact by said board shall be final. Any such appeal shall be limited to questions of law. An election by an applicant to appeal in accordance with this paragraph shall be deemed a waiver of any right to petition the superior court in accordance with RSA 79-F:7.
VII. A copy of an order of classification ordered by the board of tax and land appeals, attested as such by the chairman of the board, if no appeal is taken hereunder, may be filed in the superior court for the county or in the Merrimack county superior court at the option of said board; and, thereafter, such order may be enforced as a final judgment of the superior court.
79-F:7 Appeal to Superior Court. If the assessing officials deny in whole or in part any application for classification as land under qualifying farm structures, or grant a different classification from that applied for, the applicant, having complied with the requirements of RSA 79-F:4, II may, within 6 months after notice of denial or classification, apply by petition to the superior court of the county, which shall make such order thereon as justice requires. Any appeal to the superior court under this section shall be in lieu of an appeal to the board of tax and land appeals pursuant to RSA 79-F:6.
79-F:8 Abatement of Use Change Tax.
I. Any person aggrieved by the assessment of the use change tax may, within 2 months of the notice of tax date and not afterwards, apply in writing to the selectmen or assessors for an abatement of the use change tax.
II. Upon receipt of an application under paragraph I, the selectmen or assessors shall review the application and shall grant or deny the application in writing within 6 months after the notice of tax date.
III.(a) If the selectmen or assessors neglect or refuse to abate the use change tax, any person aggrieved may either:
(1) Apply in writing to the board of tax and land appeals accompanied with a $65 filing fee; or
(2) Petition the superior court in the county.
(b) The appeal to either the board of tax and land appeals or superior court shall be filed within 8 months of the notice of tax date and not afterwards.
IV. For purposes of this section, “notice of tax date” means the date the taxing jurisdiction mails the use change tax bill.
V. Each use change tax bill shall require a separate abatement request and appeal.
79-F:9 Lien for Unpaid Taxes. The real estate of every person shall be held liable for the taxes levied pursuant to RSA 79-F:5.
79-F:10 Enforcement. All taxes levied pursuant to RSA 79-F:5 which are not paid when due shall be collected in the same manner as provided in RSA 80.
79-F:11 Disposition of Revenues. All money received by the tax collector pursuant to the provisions of this chapter shall be for the use of the town or city.
79-F:12 Location of
Contiguous Land in
2008-1591s
AMENDED ANALYSIS
This bill grants municipalities the option to allow:
I. The land under qualifying farm structures to be assessed at a lower rate than full market value.
II. Farm buildings used exclusively for farm purposes to be assessed for no more than their replacement costs less depreciation.
Health and Human Services
April 29, 2008
2008-1597s
01/03
Amendment to HB 1484
Amend paragraph I of section 2 of the bill by replacing it with the following:
I. The members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) The commissioner of the department of health and human services, or designee.
(c) A representative of the New Hampshire Medical Society, appointed by such society.
(d) A representative of the New Hampshire Nurses’ Association, appointed by such association.
(e) A representative of the New Hampshire Association of Chain Drug Stores who is associated with a chain of drug stores that have retail clinics, appointed by such association.
(f) A representative of the Bi-State Primary Care Association, appointed by such association.
(g) A representative of the New Hampshire Hospital Association, appointed by the association.
Senate Judiciary
April 30, 2008
2008-1615s
09/01
Amendment to HB 1488
Amend paragraph I of section 2 of the bill by replacing it with the following:
I. The members of the committee shall be 3 members 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 first-named member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Two members of the committee shall constitute a quorum.
Transportation and Interstate Cooperation
April 30, 2008
2008-1627s
06/09
Amendment to HB 1493
Amend the bill by replacing all after the enacting clause with the following:
1 Members Specified. Amend 2007, 207:2, I(a) and (b) to read as follows:
(a) Three members of the house of representatives, one from the public works and highways committee, one from the finance committee, and one from the ways and means committee, appointed by the speaker of the house of representatives.
(b) Three members of the senate, one from the finance committee, one from the ways and means committee, and one from the transportation and interstate cooperation committee, appointed by the president of the senate.
2 Committee Extended; Report. Amend 2007, 207:5 to read as follows:
207:5 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 on or before [November 1, 2007]
December
1, 2008.
3 Effective Date. This act shall take effect upon its passage.
2008-1627s
AMENDED ANALYSIS
This bill:
I. Clarifies the selection of commission members.
II. Extends the reporting date of the commission.
Senate Ways and Means
April 30, 2008
2008-1634s
08/10
Amendment to HB 1509-FN-A
Amend the bill by replacing the title with the following:
AN ACT establishing certain fees for operators of games of chance for the purpose of funding the education trust fund and creating penalties for failure to collect accurate assessments.
Amend the bill by replacing all after section 5 with the following:
6 Equipment; Wagering; Prizes. Amend RSA 287-D:3, VIII to read as follows:
VIII. [The
charitable organization shall retain no less than 35 percent of the gross
revenues from any game of chance minus any prizes paid on any game date in
which game operators licensed under RSA 287-D:2-c are involved in any capacity.
Such revenues shall be used by the
organization to advance its charitable purpose.] No charitable game of chance shall be played
with government issued currency. Games
of chance shall only be played with chips.
IX. Cash may be exchanged for chips only in one designated area. The primary game operator, or charity if there is no primary game operator, shall document the exchange of cash for chips in conformance with rules adopted by the pari-mutuel commission. A primary game operator may also exchange chips for cash received from a player at other fixed locations within the facility or through a licensed employee roaming within the facility if procedures for collecting the assessments required by this chapter and documenting the exchange of cash for chips are approved by the pari-mutuel commission.
X. At the time that any token is exchanged for cash received from a player, the primary game operator, or charity, if there is no primary game operator, shall collect an assessment of 10 percent of money exchanged to be paid to the pari-mutuel commission no later than 10 business days from the date on which the event was conducted. The payment shall be by check made payable to the state of New Hampshire and shall be accompanied by the forms specified by the pari-mutuel commission which shall be signed under penalties of perjury by the primary game operator, or if there is no primary game operator by 2 officers, directors, or duly authorized officials of the charitable organization. The assessments collected by the pari-mutuel commission shall be deposited into the general fund.
XI. At the time that any token is exchanged for cash received from a player, the primary game operator, or charity if there is no primary game operator, shall in addition to the assessment collected for the state, collect an assessment of 8 percent of money exchanged to be paid to the charity which holds the license for the charitable gaming event no later than 10 business days from the date on which the event was conducted.
XII. The pari-mutuel commission shall adopt administrative rules pursuant to RSA 541-A as are necessary to carry out this section.
7 New Section; Penalties for Failure to Collect Accurate Assessments. Amend RSA 287-D by inserting after section 3 the following new section:
287-D:3-a Penalties for Failure to Collect Accurate Assessments; Private Actions. In addition to any other penalties provided by law, and notwithstanding any civil remedy that may otherwise be available:
I. Any person who purposely or knowingly makes a false entry on any report required by this chapter or by rules authorized by this chapter in a manner that would or does result in the assessment paid to either the state or the charity being reduced shall be guilty of a class A felony.
II. Any person who recklessly or negligently makes a false entry on any report required by this chapter or by rules authorized by this chapter in a manner that would or does result in the assessment paid to either the state of the charity being reduced shall be guilty of a class A misdemeanor.
III. Any owner or primary game operator who fails to pay the state or a charity the assessment required by this chapter is guilty of a class A felony.
IV. Any person who violates any provision of RSA 637 in a manner that deprives the state or a charity of the assessments required by this chapter, notwithstanding the penalties set forth in RSA637:11, shall be guilty of a class B felony for any amount not exceeding $500, and a class A felony for any amount equal to or greater than $500.
V. Any charity injured by any act declared unlawful by this chapter may bring an action for damages. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act was a willful or knowing violation of this chapter, it shall award as much as 3 times, but no less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable.
8 Maximum Single Wager. Amend RSA 287-D:3, V to read as follows:
V. No single wager
by a player, on any game of chance, shall exceed the amount of [$2] $5.
9 Pari-Mutuel Commission; Position Established. The classified position of internal auditor III, labor grade 23, to be funded from fees collected pursuant to RSA 287-D:2-d, III, is hereby established in the pari-mutuel commission.
10 Effective Date. This act shall take effect 60 days after its passage.
2008-1634s
AMENDED ANALYSIS
This bill:
I. Establishes the position of internal auditor III in the pari-mutuel commission.
II. Requires game operator applicants to submit to a federal background check.
III. Raises the amount of the bond posted by a game operator.
IV. Creates penalties for failure to collect accurate assessments.
Sen. Burling, Dist. 5
April 25, 2008
2008-1526s
03/10
Amendment to HB 1551-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to lobbyist registration fees.
Amend the bill by replacing all after the enacting clause with the following:
1 Reference Added. Amend RSA 6:12, I(b)(41) to read as follows:
(41) The fees collected by the secretary of state under RSA 660:1 and RSA 15:4 and the designated portion of fees collected under RSA 5:10 which shall be credited to the recount administrative and fee account established under RSA 660:31.
2 Lobbyists; Registration Fee. Amend RSA 15:4 to read as follows:
15:4 Registration Fee.
I. The fee for registration as a lobbyist under
RSA 15:1 for any one year shall be [$50 for each person lobbying] $100
for each reported client or employer, except that a lobbyist registering solely
as a lobbyist for nonprofit entities qualified for exemption from federal
taxation under section 501(c)(3) of the Internal Revenue Code shall pay a $50
fee for each such entity. A fee
shall be paid for each individual who acts as a lobbyist for each client or
employer regardless of his or her affiliation with any other registered
lobbyist.
II. Fees collected under this section shall be deposited into the fund established by RSA 660:31 for the use of the secretary of state and the attorney general as provided by RSA 455:17.
3 Reference Added. Amend the section heading of RSA 455:17 to read as follows:
455:17 Notary Public, Justice of the Peace Manual, Education, Lobbyist Registration, Enforcement.
4 New Paragraph; Lobbyist Registration. Amend RSA 455:17 by inserting after paragraph II the following new paragraph:
III. The secretary of state may use the funds from the fees paid by applicants for lobbyist registrations deposited into the fund established in RSA 660:31 for the general administration of RSA 15, education initiatives related to the lobbyist statutes, and the acquisition, development, and maintenance of electronic records systems that will enhance the efficiency of the management of lobbyist records maintained by his or her office and to enhance the ease of submitting applications and renewals. The secretary of state shall enter into an agreement with the attorney general to provide funds from the fund established in RSA 660:31 for the use of the attorney general for legal services related to the enforcement of laws relating to lobbyist registrations.
5 Depositing Fees and Assessments; Lobbyist Registration Fees. Amend RSA 660:13 to read as follows:
660:31 Depositing Fees and Assessments. There is established in the state treasury a separate nonlapsing account to be known as the recount administrative and fee account. The account shall be used by the secretary of state for the administration of recounts under RSA 660 and to fulfill the duties established by RSA 455:17. Notwithstanding any other provision of law, all fees which are paid to the secretary of state under RSA 660:1 and RSA 15:4 and the portion of application fees for commissions as a notary public or justice of the peace under RSA 5:10 shall be credited to this account. All fees which are credited to this account shall be continually appropriated to the secretary of state.
6 Effective Date. This act shall take effect January 1, 2009.
2008-1526s
AMENDED ANALYSIS
This bill modifies fees for lobbyist registration. This bill also requires that lobbyist registration fees be deposited in the recount administrative and fee account, and authorizes funds in the account to be used for administration of the lobbyist laws.
Energy, Environment, and Economic Development
April 29, 2008
2008-1571s
08/05
Amendment to HB 1561
Amend RSA 125-O:5-a, I(c) as inserted by section 1 of the bill by replacing it with the following:
(c) Provide recommendations at least annually to the public utilities commission on the administration and allocation of energy efficiency funds under the commission’s jurisdiction.
Amend RSA 125-O:5-a, II(m) as inserted by section 1 of the bill by replacing it with the following:
(m) Three representatives from groups representing energy, environmental, consumer, or public health issues and knowledgeable in energy conservation policies and programs, appointed by the chairman of the public utilities commission.
Amend RSA 125-O:5-a, II(o) as inserted by section 1 of the bill by replacing it with the following:
(o) One representative from utility-administered electric energy efficiency programs, appointed by the chairman of the public utilities commission.
(p) One representative from utility-administered natural gas energy efficiency programs, appointed by the chairman of the public utilities commission.
Amend RSA 125-O:5-a, III-IV as inserted by section 1 of the bill by replacing it with the following:
III. The chairman of the public utilities commission shall call the first meeting of the board. The board shall elect a chairperson from among its members. Seven members of the board shall constitute a quorum. The board shall make an annual report on December 1 to the governor, the speaker of the house of representatives, the president of the senate, the house science, technology and energy committee, the senate energy, environment and economic development committee, and the public utilities commission, to provide an update on its activities and any recommendations for action.
IV. No member of the board shall vote on a matter in which the member, his or her spouse or dependent, or the organization or entity represented by or employing the member, has a private interest which may directly or indirectly affect or influence the performance of his or her duties.
Energy, Environment, and Economic Development
April 29, 2008
2008-1569s
06/04
Amendment to HB 1579-FN
Amend the title of the bill by replacing it with the following:
AN ACT establishing a commission to study issues relating to land
development and land development regulation in
Amend the bill by inserting after section 5 the following and renumbering the original section 6 to read as section 10:
6 Land and Community Heritage Investment Program; Real Estate Recording Surcharge; Purpose.
I. The purpose of
RSA 478:17-g is to ensure that the registers of deeds serve as the initial
point in a comprehensive service system that protects the interests in real
property for persons recording documents with the registers. The recording of documents with the register
of deeds, together with the other related state services, allows for the
protection of real estate and other property interests, stability in the
conveyance and mortgaging of realty, access to capital for the purchase of real
estate, and protection of the value of real property in
II. The registers of deeds function as the initial and central point in the state’s comprehensive service framework to protect interests in real property. These comprehensive services include enforcement of property interests by the judicial system, regulation of mortgage lenders by the banking department, and investment by the state to preserve the state’s most important natural, cultural, and historical resources, which protect the long-term property values for landowners across the state. The recording stamp fee is intended to defray the state’s costs in administering its comprehensive system of services to protect the interests landowners have in real property, as evidenced by the recording of documents with the registers of deeds.
7 Land and Community Heritage Investment Program. Funding and Surcharge Stamps. RSA 478:17-g, I-a and II are repealed and reenacted to read as follows:
I-a.(a) For recording each deed, mortgage, attachment of real estate, lease, agreement, assignment, release, partial discharge, or any like document, $10 for the first recorded page, plus $4 for each additional recorded page, except that assignments of mortgages shall be $10 for the first assignment per recorded document, plus $5 for each subsequent mortgage being assigned, plus $4 for each additional recorded page. The complete discharge of a mortgage, filings pursuant to RSA 21-J, RSA 260, RSA 282-A, RSA 382-A, RSA 439, RSA 450, RSA 454-B, RSA 498, RSA 511, or RSA 511-A, or discharge of a lien shall be $15, plus $4 for each additional page; provided that the fees for all filings under RSA 382-A in the office of the secretary of state only shall be as prescribed in RSA 382-A:9-525. These charges shall include all charges for information furnished in compliance with RSA 478:14.
(b) For recording each mortgage, mortgage discharge, deed, and plan, a surcharge of $25 per document shall also be assessed, to be paid over as set forth in subparagraphs (e) and (f), except as provided in subparagraphs (c), (d), and (g) below.
(c) No such
surcharge shall be assessed on the
(1) the sellers, grantors, assignors, or transferors of any real estate or any interest in real estate;
(2) the purchasers, grantees, assignees, or transferees of any real estate or any interest in real estate;
(3) third parties involved in the transaction such as mortgagees. “Transaction” shall mean an event that results in the transfer of any real estate or any interest in real estate. Any party to a transaction that has met the $100 cap per transaction shall file an affidavit stating that the cap has been met and the basis for such claim, which shall be presumed by the register of deeds as true absent clear evidence to the contrary. The form for such affidavit shall be prescribed by administrative rule adopted by the commissioner of the department of revenue administration.
(d) This surcharge shall be administered by the commissioner of the department of revenue administration, and all powers and duties available to the commissioner to enforce and administer laws under RSA 21-J and RSA 78-B shall apply to the administration and enforcement of this paragraph. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the administration of this paragraph. Each register of deeds shall retain 4 percent of the total surcharges collected as payment for the service of collecting the surcharge, which shall be deducted prior to remitting the revenue collected.
(e) Each register of deeds shall remit the surcharges collected under subparagraph (b) to the department of revenue administration monthly or more often. All funds received shall be paid over to the state treasurer for deposit in the trust fund for the land and community heritage investment program established under RSA 227-M:7.
(f) The payment of the surcharge imposed by subparagraph (b) shall be evidenced by stamps, or other indicia as approved by the commissioner of the department of revenue administration, attached to the recorded instrument.
(g) The surcharge of $25 imposed by subparagraph (b) shall not apply to:
(1) Attachments;
(2) Leases;
(3) Agreements;
(4) Assignments;
(5) Releases;
(6) All government documents, as set forth in subparagraph (c) above;
(7) Death certificates;
(8) Trustees’ certificates and affidavits;
(9) UCC documents; and
(10) Foreclosure documents.
II.(a) For recording plans, $9 for the first 200 square inches or part thereof and $2.50 for each additional 100 square inches or part thereof.
(b) For recording each plan described in subparagraph (a), a surcharge of $25 per plan shall also be assessed, to be paid over as set forth in subparagraphs I (e) and (f), except as provided in subparagraphs I (c) and (d).
8 Land Development Regulations Commission; Membership. Amend subparagraph I(b) as inserted by section 2 of the bill to read as follows:
(b) One member of the senate, appointed by the president of the senate.
¬9 New Subparagraph; Land Development Regulations Commission; Membership. Amend paragraph I as inserted by section 2 of the bill by inserting after subparagraph (n) the following new subparagraph:
(o) A landowner appointed by the New Hampshire Timberland Owners Association.
2008-1569s
AMENDED ANALYSIS
This bill:
I. Establishes a
commission to study issues relating to land development and land development regulation
in
II. Establishes a surcharge on certain registered documents relating to real property.
III. Distributes a portion of such surcharges collected to the land and community heritage investment program trust fund.
IV. Authorizes the commissioner of the department of revenue administration to administer the surcharge.
Energy, Environment, and Economic Development
May 1, 2008
2008-1643s
08/04
Amendment to HB 1594-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to hazardous materials.
Amend the bill by replacing all after the enacting clause with the following:
1 Authorization for Hazardous Materials Response Teams. Amend RSA 154:30-c, II(f)-(g) to read as follows:
(f) Extend
the advantages of group purchasing for services performed by it to
municipalities and fire departments in the system; [and]
(g) Provide
and operate training programs for firefighters and emergency medical
technicians[.]; and
(h) Establish a regional hazardous materials
response team.
2 New Section; Hazardous Materials Emergency Response Program Fund. Amend RSA 154 by inserting after section 30-h the following new section:
154:30-i Hazardous Materials Emergency Response Program Fund.
I. There is hereby established in the department of safety a separate, nonlapsing fund called the hazardous materials emergency response program fund. The commissioner of the department of safety may accept public sector and private sector grants, gifts, or donations of any kind for the purpose of funding the provisions of this section.
II. Grants from the hazardous materials emergency response program fund shall be awarded for the purpose of funding the regional hazardous materials response teams through district fire mutual aid systems, and as provided in paragraph III, by a committee consisting of:
(a) The commissioner of the department of safety, or designee.
(b) The state fire marshal, or designee.
(c) The director of homeland security and emergency management, or designee.
(d) Two
members of regional hazardous materials response teams in
(e) One senator, appointed by the president of the senate.
(f) One member of the house of representatives, appointed by the speaker of the house of representatives.
III. The committee shall provide each district fire mutual aid system possessing a regional hazardous materials response team with an annual grant for the operation of its regional hazardous materials response teams within available funds. These grants shall be awarded pursuant to a grant award process established by the committee, and contingent upon adequate funds. These funds shall be over and above any funds received by district fire mutual aid systems to fund regional hazardous materials response teams from other sources.
3 New Subparagraph; Hazardous Materials Emergency Response Program Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (268) the following:
(269) Moneys received by the commissioner of safety under RSA 154:30-i, which shall be credited to the hazardous materials emergency response program fund established in RSA 154:30-i.
4 Commission
Established. There is established a
commission to study the current methods of funding the hazardous waste and
hazardous materials programs in
5 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(c) The commissioner of the department of environmental services, or designee.
(d) The state fire marshal, or designee.
(e) Four members of the business community, appointed by the Business and Industry Association of New Hampshire.
(f) A member of the New Hampshire Motor Transport Association, appointed by that organization.
(g) A member of the Independent Oil Marketers Association of New England, appointed by that association.
(h) A member of a regional hazardous materials response team appointed by the New Hampshire Association of Fire Chiefs.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
6 Duties. The commission shall study the sources of
funding and expenditures related to programs for hazardous waste, as defined in
RSA 147-B:2, VII, and hazardous materials, as defined by RSA 147-B:2,
VIII, in
I. A compilation of the various different sources of income and the dedicated funds associated with hazardous waste and hazardous materials programs.
II. A compilation of the expenditures associated with hazardous waste and hazardous materials programs.
III. An examination of the relationship between the incomes and the expenditures of the funds used in hazardous waste and hazardous materials programs.
IV. An examination of the uniformity of the relationship between fund income and expenditures and recommendations on improving the uniformity of that relationship.
V. An examination of the possibility of improving program effectiveness through consolidation of the various funding sources or programs.
VI. An examination of hazardous material reporting and related fees for future funding of hazardous materials emergency response programs.
7 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house 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.
8 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 on or before November 1, 2009.
9 Hazardous Materials Emergency Response Program; Fiscal Year 2009 Grant. On July 1, 2008, the commissioner of the department of safety shall transfer up to $1,200,000 from the fire standards and training and emergency medical services fund established in RSA 21-P:12-d to the hazardous materials emergency response program fund established in RSA 154:30-i to fund grants awarded under RSA 154:30-i for the fiscal year ending June 30, 2009.
10 Fire Standards and Training and Emergency Services Fund. Amend RSA 21-P:12-d to read as follows:
21-P:12-d Fire Standards and Training and Emergency
Medical Services Fund. There is
established in the office of the state treasurer a separate, nonlapsing fund to
be known as the fire standards and training and emergency medical services fund
from which the state treasurer shall pay expenses incurred in the
administration of the division of fire standards and training and emergency
medical services, under RSA 21-P:12-a, the division of fire safety, under RSA
21-P:12, [and] the bureau of emergency management in the division of
emergency services, communications, and management under RSA 21-P:36, and
to provide funding for the hazardous materials emergency response program fund
established in RSA 154:30-i. If
the expenditure of additional funds over budget estimates is necessary for the
proper functioning of the division of fire standards and training and emergency
medical services, the division of fire safety, or the bureau of emergency
management in the division of emergency services, communications, and
management, the department of safety may request, with prior approval of the
fiscal committee of the general court, the transfer of funds from the fire
standards and training and emergency medical services funds to the department
of safety for such purposes.
11 Fire Standards and Training and Emergency Services Fund; 2009 Changes. RSA 21-P:12-d is repealed and reenacted to read as follows:
21-P:12-d Fire Standards and Training and Emergency Medical Services Fund. There is established in the office of the state treasurer a separate, nonlapsing fund to be known as the fire standards and training and emergency medical services fund from which the state treasurer shall pay expenses incurred in the administration of the division of fire standards and training and emergency medical services, under RSA 21-P:12-a, the division of fire safety, under RSA 21-P:12, and the bureau of emergency management in the division of emergency services, communications, and management under RSA 21-P:36. If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the division of fire standards and training and emergency medical services, the division of fire safety, or the bureau of emergency management in the division of emergency services, communications, and management, the department of safety may request, with prior approval of the fiscal committee of the general court, the transfer of funds from the fire standards and training and emergency medical services funds to the department of safety for such purposes.
12 Repeal. The following are repealed:
I. RSA 154:30-i, relative to the hazardous materials emergency response program fund.
II. RSA 6:12, I(b)(269), relative to the hazardous materials emergency response program fund.
13 Effective Date.
I. Sections 2 and 3 of this act shall take effect July 1, 2008.
II. Section 11 of this act shall take effect July 1, 2009.
III. Section 12 of this act shall take effect July 1, 2013.
IV. The remainder of this act shall take effect upon its passage.
2008-1643s
AMENDED ANALYSIS
This bill:
I. Creates a hazardous materials emergency response program fund, effective until July 1, 2013.
II. Establishes a
commission to study the current methods of funding the hazardous waste and
hazardous materials programs in
III. Authorizes district fire mutual aid systems to establish regional hazardous materials response teams.
Sen. Foster, Dist. 13
April 29, 2008
2008-1579s
09/01
Amendment to HB 1596-FN-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT relative to fees charged by the motor vehicle division.
Amend the bill by replacing section 4 with the following:
4 Driver’s License Fees; Certified Copies. Amend RSA 263:42, II and III to read as follows:
II. For every certified copy of a
registration, license, or driving record, $10, except that the commissioner shall waive the fee for local, state, and
federal law enforcement and criminal justice agencies requesting such
information for investigative purposes and may, for good cause, waive the fee
in cases involving other government agencies or the public defender if the
commissioner determines that such a waiver is in the public interest.
Amend the bill by deleting sections 5-7 and renumbering the original section 8 to read as 5.
2008-1579s
AMENDED ANALYSIS
This bill changes certain motor vehicle fees and permits the commissioner of safety to waive the fee for certified copies of registrations, licenses, and driving records under certain circumstances.
Energy, Environment and Economic Development
April 28, 2008
2008-1546s
08/04
Amendment to HB 1632
Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:
2 New Subparagraphs; Members of Commission. Amend 2007, 283:2, I by inserting after subparagraph (m) the following new subparagraphs:
(n) A person from the financial investment community, designated by the governor.
(o) A farmer growing crops used for biodiesel production, designated by the governor.
2008-1546s
AMENDED ANALYSIS
This bill continues the commission to study the production and
distribution of biodiesel in
This bill also adds members to the commission to study the
production and distribution of biodiesel in
Senate Judiciary
May 1, 2008
2008-1644s
04/09
Amendment to HB 1640-FN
Amend RSA 651-B:1, VIII(a) as inserted by section 1 of the bill by replacing it with the following:
(a) RSA 169-B:41, II; RSA 632-A:3, II; RSA 632-A:4, I(a), RSA 632-A:4, I(b), RSA 632-A:4, III, RSA 644:9, I(a), RSA 644:9, III-a, a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I(a), or RSA 645:1, I(b).
Amend RSA 651-B:1, IX(a) as inserted by section 1 of the bill by replacing it with the following:
(a) RSA 632-A:3, I; RSA 632-A:3, IV; RSA 633:2; RSA 633:3; RSA 639:3, III; RSA 645:1, II; RSA 645:1, III; RSA 645:2; RSA 649-A:3; RSA 649-B:3; RSA 649-B:4; or RSA 650:2.
Amend section 3 of the bill by inserting after the amending language the following:
651-B:3 Release of Certain Sexual Offenders Into the Community; Duties.
Amend RSA 651-B:3, III as inserted by section 3 of the bill by replacing it with the following:
III. Semi-annually,
the department shall verify, in person, the address at which
the offender resides or by sending a letter by certified
non-forwarding mail to the offender. The
address verification shall [be sent to the offender] occur
prior to the offender’s birthday and again prior to the offender’s 6-month
semi-annual registration. The address
verification shall remind the offender of the obligation to register in person [on
a semi-annual basis]. The offender shall sign the address verification [letter]
and return it to the officer, if the address verification was made in person, or to the
department via certified mail within 10 business days of receipt. [If
the offender’s mailing address is to a post-office box, the department shall
deliver by other means as determined by the department a letter to the offender’s
residence. The offender shall sign and
return the letter within 10 business days of receipt.]
Amend RSA 651-B:4, IV(b) as inserted by section 4 of the bill by replacing it with the following:
(b) A DNA sample, if such sample has not already been provided or exists in the federal Combined DNA Index System.
Amend RSA 651-B:6, II as inserted by section 4 of the bill by replacing it with the following:
II. All tier I offenders shall be registered for a 10-year period from the date of release, provided that any such registration period shall not run concurrently with any registration period resulting from a subsequent violation or attempted violation of an offense for which the person is required to register.
Amend RSA 651-B:6, III(a)(3) as inserted by section 4 of the bill by replacing it with the following:
(3) A tier I offender may petition the superior court to have his or her name and other information removed from the public list. The petition shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 5 years after the date of release. The petition shall be accompanied by a risk assessment prepared by a qualified psychiatrist or psychologist at the offender’s expense. The court may grant the petition if the offender has not been convicted of any felony, class A misdemeanor, sexual offense, or offense against a child, has successfully completed any periods of supervised release, probation, or parole, and has successfully completed an appropriate sex offender treatment program as determined by the court.
Amend RSA 651-B:7 as inserted by section 4 of the bill by deleting subparagraph III(a)(9).
Amend RSA 651-B:7, VI(a) as inserted by section 4 of the bill by replacing it with the following:
(a) Any individual required to be registered whose name and information is contained on the public list described in paragraph III and who is required to register as a result of any violation or attempted violation of RSA 632-A:3, II in effect prior to January 1, 2007, or RSA 632-A:2, III if the acts constituting the pattern were in violation of RSA 632-A:3, II in effect prior to January 1, 2007, provided that the age difference between the individual required to register and the victim was 3 years or less at the time of the offense and the person has no prior adjudications requiring registration under RSA 651-B:2, may file with the clerk of the superior court for the county in which the judgment was rendered an application for review of the public registration requirement contained in RSA 651-B:7. This application shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 5 years after the date of release. After review of the application, the court may schedule a hearing. Prior to granting any petition to remove an offender from the public list, the court shall provide notice to the county attorney who prosecuted the case, the victim advocate, and the victim or victim’s family and permit those parties to be heard on the petition. If the court denies the offender’s petition, the offender may not file another application pursuant to this paragraph for 5 years from the date of the denial and shall include a risk assessment prepared at the offender’s expense.
Amend the bill by replacing section 5 with the following:
5 Registration of Criminal Offenders. Amend RSA 651-B:9, IV to read as follows:
IV. The penalties
imposed under paragraphs I-III shall not apply to juveniles required to
register pursuant to RSA 651-B:1, [VII(a)(3) or (4)] XI(a)(3)
or (4). The court with
jurisdiction over such juveniles may impose an appropriate disposition for a
violation of this section.
Amend the bill by replacing all after section 7 with the following:
8 Sexual Assault and Related Offenses; Definitions. Amend RSA 632-A:1, IV-V to read as follows:
IV. “Sexual contact” means the intentional touching whether directly, through clothing, or otherwise, of the victim’s or actor’s sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification.
V.(a) “Sexual penetration” means:
[(a)] (1) Sexual intercourse; or
[(b)]
(2) Cunnilingus; or
[(c)] (3) Fellatio; or
[(d)]
(4) Anal intercourse; or
[(e)] (5) Any intrusion, however slight, of any part of
the actor’s body, including emissions, or any object manipulated by the actor
into genital or anal openings of the victim’s body; or
[(f)] (6) Any intrusion, however slight, of any part of
the victim’s body, including emissions, or any object manipulated by the victim into
the
oral, genital, or anal openings of the actor’s
body; or
[(g)] (7) Any act which forces, coerces,
or intimidates the victim to perform any sexual penetration as defined in
subparagraphs [(a)-(f)] (1)-(6) on the actor, on another
person, or on himself.
[(h)] (b)
Emissions include semen, urine, and feces. Emission is not required as an
element of any form of sexual penetration.
(c)
“Objects” include animals as defined in RSA 644:8, II.
9 Offenses Against the Family; Incest. Amend RSA 639:2, I to read as follows:
I. A person is
guilty of a class B felony if he or she marries or [has sexual
intercourse] engages in sexual penetration as defined in RSA 632-A:1, V, or
lives together with, under the representation of being married, a person 18
years or older whom he or she knows to be his or
her ancestor, descendant, brother, or sister, of the whole or half
blood, or an uncle, aunt, nephew, or niece; provided, however, that
no person under the age of 18 shall be liable under this section if the other
party is at least 3 years older at the time of the act. The relationships referred to herein include
blood relationships without regard to legitimacy, stepchildren, and
relationships of parent and child by adoption.
10 Effective Date. This act shall take effect January 1, 2009.
2008-1644s
AMENDED ANALYSIS
This bill:
I. Creates a tier system for classification of sexual offenders and offenders against children and revises the type of information which must be collected, the duration of registration, the verification of sex offender registry information, public access to such information, and penalties for failure to register.
II. Revises the definitions of “sexual contact” and “sexual penetration” for the purposes of sexual assault crimes.
III. Amends the elements of the crime of incest.
IV. Is a request of the study committee formed pursuant to 2006, 327:26 (HB 1692-FN).
Senate Executive Departments and Administration
April 30, 2008
2008-1626s
10/04
Amendment to HB 1645-FN-LOCAL
Amend the bill by replacing all after the enacting clause with the following:
1 Definition of Earnable Compensation; Other Compensation. Amend RSA 100-A:1, XVII to read as follows:
XVII. “Earnable compensation” shall mean for all members the full base rate of compensation paid plus any overtime pay, holiday and vacation pay, sick pay, longevity or severance pay, cost of living bonus, additional pay for extracurricular and instructional activities or for other extra or special duty, and other compensation earned by the member and paid to the member by the employer which would be includable as earned income for federal tax purposes, plus the fair market value of non-cash compensation paid to, or on behalf of, the member such as meals or living quarters if subject to federal income tax. However, earnable compensation in the final 12 months of creditable service prior to termination of employment shall be limited to 1-1/2 times the higher of the earnable compensation in the 12-month period preceding the final 12 months or the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 12 months. Any compensation received in the final 12 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all employees, teachers, permanent firemen, and permanent policemen who first become eligible for membership in the system on or after July 1, 1996. Earnable compensation shall not include compensation in any form paid later than 120 days after the member’s termination of employment from a retirement eligible position, with the limited exceptions of disability related severance pay paid to a member or retiree no later than 120 days after a decision by the board of trustees granting the member or retiree disability retirement benefits pursuant to RSA 100-A:6 and of severance pay which a member was entitled to be paid within 120 days after termination but which, without the consent of the member and not through any fault of the member, was paid more than 120 days after the member’s termination. The member shall have the burden of proving to the board of trustees that any severance payment paid later than 120 days after the member’s termination of employment is earnable compensation and meets the requirements of an asserted exception to the 120-day post-termination payment requirement.
2 Membership. Amend RSA 100-A:3, V to read as follows:
V. A member shall
cease to be a member if (a) [he or she is absent from service for more than
2 years; (b)] he or she withdraws his or her accumulated contributions; or
[(c)] (b) he or she becomes a beneficiary or dies. [Notwithstanding
the foregoing,] The board of trustees shall continue the membership of a
member while in the armed forces of the
3 Return of Member Contributions; Group I. Amend RSA 100-A:11, I(a) to read as follows:
(a) If a
group I member ceases to be an employee or teacher for reasons other than
retirement or death and if he or she has not elected to receive a vested
deferred retirement allowance under RSA 100-A:10, the amount of his or her
accumulated contributions shall be paid within 3 months after his or her
written request therefor, provided that the member may not file a written
request for such payment until at least 30 days from the date the member ceases
to be an employee or a teacher and provided that the member may not again
become a group I member during said 30-day period. If a group I member ceases to be a an
active member because of absence from service for more than [2
years, his or her accumulated contributions shall be paid within 3 months after
the board is notified to that effect] 180 days, without requesting return of the amount
of his or her accumulated contributions, the retirement system shall retain his
or her accumulated contributions. The
annual return credited on inactive, vested members shall be paid pursuant to
RSA 100-A:16, II(g). The board shall
hold and invest such accumulated contributions on behalf of the inactive
member, provided that the annual return credited on the inactive member’s
accumulated contributions shall be 2 percentage points less than either the assumed
rate of return determined under RSA 100-A:16, II(h) or the actual rate of
return, whichever is lower, for the immediately preceding fiscal year as reported
in the comprehensive annual financial report (CAFR), provided the rate of
return shall not be less than zero. The inactive
member’s total accumulated contributions shall be paid within 3 months after
his or her written request therefor. In
the event an inactive member who has not withdrawn his or her contributions
under this section returns to become an active member in service, his or her previous
service shall count toward that member’s creditable service to the extent that
his or her accumulated contributions have remained in the retirement system.
4 Return of Member Contributions; Group II. Amend RSA 100-A:11, II(a) to read as follows:
(a) If a
group II member ceases to be a permanent policeman or permanent fireman for
reasons other than retirement or death and if he or she has not elected to
receive a vested deferred retirement allowance under RSA 100-A:10, the amount
of his or her accumulated contributions shall be paid within 3 months after his
or her written request therefor. If a
group II member ceases to be a an active member because of absence
from service for more than [2 years, his or her accumulated contributions
shall be paid within 3 months after the board is notified to that effect] 180
days, without requesting return of the amount of his or her accumulated
contributions, the retirement system shall retain his or her accumulated
contributions. The annual return credited
on inactive, vested members shall be paid pursuant to RSA 100-A:16, II(g). The board shall hold and invest such
accumulated contributions on behalf of the inactive member, provided that the
annual return credited on the inactive member’s accumulated contributions shall
be 2 percentage points less than either the assumed rate of return determined
under RSA 100-A:16, II(h) or the actual rate of return, whichever is lower, for
the immediately preceding fiscal year as reported in the comprehensive annual
financial report (CAFR), provided the rate of return shall not be less than
zero. The inactive member’s total
accumulated contributions shall be paid within 3 months after his or her
written request therefor. In the event an
inactive member who has not withdrawn his or her contributions under this
section returns to become an active member in service, his or her previous
service shall count toward that member’s creditable service to the extent that
his or her accumulated contributions have remained in the retirement system.
5 Medical Benefits; Group II; Payment by Retirement System; 8 Percent Increase Changed. Amend RSA 100‑A:52, II to read as follows:
II. However, for
the fiscal year beginning July 1, 1990, the maximum amount payable by the
retirement system under this subdivision on account of each person qualified
under paragraph I who is not entitled to Medicare benefits, shall be $101.50
per month, and on account of each person qualified under paragraph I who is
entitled to Medicare benefits, shall be $64 per month. As of July 1, 1991, and on each July 1 [thereafter]
until
and including July 1, 2007, the maximum amount payable by the
retirement system as provided in this paragraph shall be increased by 8
percent, compounded on previous increases.
After July 1, 2007 and until and including July 1, 2011, the rate
payable under this paragraph shall not be increased. As of July 1, 2012, and on each July 1
thereafter, the maximum amount payable by the retirement system as provided in
this paragraph shall be increased by 4 percent, compounded on previous
increases.
6 Medical Benefits; Group I Teachers and Political Subdivision Employees; Payment by Retirement System; 8 Percent Increase Removed. Amend RSA 100-A:52-a, II to read as follows:
II. [However,]
For [the] each fiscal year beginning on or after July 1, [2000] 2007,
the maximum amount payable by the retirement system under this subdivision on
account of each person qualified under paragraph I who is not entitled to Medicare
benefits, and on account of each person qualified under paragraph I who is
entitled to Medicare benefits, shall be the same as the amount provided in RSA
100-A:52, II for group II retirees. [As
of July 1, 2000 and on each July 1 thereafter, the maximum amount payable by the
retirement system as provided in this paragraph shall be increased by 8
percent, compounded on previous increases.]
7 Medical Benefits; Group I Employees; Payment by Retirement System; 8 Percent Increase Removed. Amend RSA 100-A:52-b, III to read as follows:
III. [However,]
For [the] each fiscal year beginning on or after July 1, [2000] 2007,
the maximum amount payable by the retirement system under this subdivision on
account of each person qualified under paragraph I who is not entitled to Medicare
benefits, and on account of each person qualified under paragraph I who is
entitled to Medicare benefits, shall be the same as the amount provided in RSA
100-A:52, II for group II retirees. [As
of July 1, 2000 and on each July 1 thereafter, the maximum amount payable by
the retirement system as provided in this paragraph shall be increased by 8
percent, compounded on previous increases.]
8 New Subparagraph; Method of Financing; Transfer from Special Account. Amend RSA 100-A:16, II by inserting after subparagraph (i) the following new subparagraph:
(j) Notwithstanding RSA 100-A:16, II(h)(5) and (7), there shall be a one-time transfer of $250,000,000 not later than June 30, 2008 from the special account to the state annuity accumulation fund, provided however that if the employers’ obligation to fund the 401(h) subtrust under RSA 100-A:53, RSA 100-A:53-b, RSA 100-A:53-c, and RSA 100‑A:53-d ceases as a result of a final court order, the transfer of $250,000,000 plus any interest accrued shall be returned to the special account. The sum transferred shall be credited proportionally to each member subgroup based on the proportion of the funds transferred into each special account subgroup from the special medical account, as identified by the retirement system, on June 30, 2007.
9 Medical Benefits; Method of Financing; Group II. Amend RSA 100-A:53, I to read as follows:
I. The benefits
provided under RSA 100-A:52 shall be provided by a 401(h) subtrust of the
(a) 25 percent of [future] group
II employer contributions made for group II [in accordance with RSA 100-A:16
to the subtrust until such time as the benefits are fully funded. Thereafter the subtrust shall receive only
that portion of each year’s contribution as is necessary to keep the benefits
fully funded.]; or
(b) The percentage of group II employer
contributions made for group II determined by the actuary to be the minimum
rate necessary to maintain the benefits provided under RSA 100-A:52.
10 Medical Benefits; Method of Financing; Group I Teachers. Amend RSA 100-A:53-b, I to read as follows:
I. The benefits
provided under RSA 100-A:52-a shall be provided by a 401(h) subtrust of the
(a) 25 percent of [future] group I
teacher employer contributions made for group I teachers [in accordance with
RSA 100-A:16 to the subtrust until such time as the benefits are fully funded. Thereafter the subtrust shall receive only
that portion of each year’s contribution as is necessary to keep the benefits
fully funded.]; or
(b) The percentage of group I employer
contributions made for group I teachers determined by the actuary to be the
minimum rate necessary to maintain the benefits provided under RSA 100-A:52-a.
11 Medical Benefits; Method of Financing; Group I Political Subdivision Employees. Amend RSA 100-A:53-c, I to read as follows:
I. The benefits
provided under RSA 100-A:52-a shall be provided by a 401(h) subtrust of the
(a) 25 percent of [future] group I
employer contributions made for group I political subdivision employees [in
accordance with RSA 100-A:16 to the subtrust until such time as the benefits
are fully funded. Thereafter the
subtrust shall receive only that portion of each year’s contribution as is
necessary to keep the benefits fully funded.]; or
(b) The percentage of group I employer
contributions made for group I political subdivision employees determined by
the actuary to be the minimum rate necessary to maintain the benefits provided
under RSA 100-A:52-a.
12 Medical Benefits; Method of Financing; Group I State Employees. Amend RSA 100-A:53-d, I to read as follows:
I. The benefits provided
under RSA 100-A:52-b shall be provided by a 401(h) subtrust of the
(a) 25 percent of [future] group I
employer contributions made for group I state employees [in accordance with
RSA 100-A:16 to the subtrust until such time as the benefits are fully funded. Thereafter the subtrust shall receive only
that portion of each year’s contribution as is necessary to keep the benefits
fully funded.]; or
(b)
The percentage of group I employer contributions made for group I state
employees determined by the actuary to be the minimum rate necessary to
maintain the benefits provided under RSA 100-A:52-b.
13 Commission on Retiree Health Care Benefits Funding Model. There is established a commission to propose a retiree health care benefits funding model.
I. The members of the commission shall be as follows:
(a) Three members of the house of representatives, one of whom shall be from the executive departments and administration committee and one of whom shall be from the finance committee, appointed by the speaker of the house of representatives.
(b) Two members of the senate, one of whom shall be from the executive departments and administration committee and one of whom shall be from the finance committee, appointed by the president of the senate.
(c) The
chairperson of the
(d) Two representatives of group I of the retirement system, appointed by the governor.
(e) Two representatives of group II of the retirement system, appointed by the governor.
(f) Two representatives of municipal and school employers in the retirement system, appointed by the governor.
(g) Six public members with recognized expertise in finance, financial management, health care finance, health care delivery, or the governance and oversight of large endowments or public funds, appointed by the governor.
(h) One retired member of the retirement system currently receiving benefits, appointed jointly by the speaker of the house of representatives and the president of the senate.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The commission shall study and recommend to the general court by December 1, 2008, the detailed design for a preferential tax vehicle for employees who do and do not qualify for the existing medical subsidy, to make contributions that would provide funds for post-employment medical expenses. Among the duties, the commission shall:
(a) Analyze the models in use by other states.
(b) Collect information from experts in the field.
(c) Consider different vehicles for such a plan including governmental trusts, Voluntary Employee Benefit Associations (VEBAs), 401(h), trusts, and Health Savings Accounts.
(d) Consider and analyze the appropriate and effective use of bonding by the state in order to provide an affordable medical subsidy.
(e) Consider the following principles, in designing a recommended plan that:
(1) Allows for member and employer contributions.
(2) Utilizes tax advantaged contributions, earnings, and benefit distributions.
(3) Includes pre-funding for cost-effectiveness, security, and to satisfy the Governmental Accounting Standards Board and the Internal Revenue Service.
(4) Permits employer contributions through negotiated matches for currently active members.
(5) Permits additional voluntary member contributions.
(6) Is administratively efficient.
(7) Is available and integrated with other benefits.
(8) Allows unused sick and vacation leave to be contributed toward the medical subsidy.
(9) Is viable long term.
(f) Additionally, in designing a recommended plan, consider the following possibilities:
(1) Bonding to assist in the establishment of the trust and/or the transfer of medical subsidy eligible active members and/or retirees to the new health care funding model.
(2) Integrating the new trust with the existing subsidy-eligible state employees and the benefits provided by RSA 21-I:30.
(3) Moving all subsidy-eligible retirees into the new plan, bringing the current 401(h) subtrust funding with them, if permitted.
(4) Analyzing alternative retiree health care insurance programs for political subdivision retirees and Medicare retirees that would reduce the overall costs of medical care.
(g) Seek
technical assistance as necessary from the
IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 30 days of the effective date of this section. Ten members of the commission shall constitute a quorum.
V. The commission shall report its findings and its initial recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the chairpersons of the house and senate executive departments and administration and finance committees, the governor, and the state library on or before December 1, 2008. The commission shall issue a final report of its findings and recommendations for additional legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the chairpersons of the house and senate executive departments and administration and finance committees, the governor, and the state library on or before December 1, 2009.
VI. The commission is authorized to accept and expend private sector grants, gifts, or donations of any kind for the purpose of the duties required in this section. Any moneys collected shall be continually appropriated to the commission for the purposes of this section.
14 Board of Trustees; Voting by Chairman. Amend RSA 100-A:14, IV to read as follows:
IV. Each trustee including
the chairman shall be entitled to one vote in the board of trustees[, provided,
however, that the chairman shall be non-voting except in the event of a tie
vote]. Seven trustees shall constitute a quorum for
the transaction of any business of the board of trustees. Seven votes shall be necessary for any
resolution or action by the board at any meeting.
15 Management of Funds. Amend RSA 100-A:15 to read as follows:
100-A:15 Management of Funds.
I. The members of
the board of trustees shall be the trustees of the several funds created hereby
and shall
set all policies relative to investment of those funds. The trustees shall appoint
and oversee an investment committee that shall have full power to invest and reinvest
such funds[, and] in accordance with the policies set by the
board. The members of the investment
committee shall serve at the pleasure of the board of trustees. The board of trustees shall have the
powers, privileges, and immunities of a corporation. The members of the board of trustees shall [also
have the power] authorize the investment committee to invest and reinvest such
funds in participation units in the public deposit investment pool established
pursuant to RSA 383:22. Said [trustees]
investment committee shall have full power, consistent with the policies
set by the board, to hold, purchase, sell, assign, transfer, and
dispose of any of the securities and investments in which any of the funds
created hereby have been invested, as well as the proceeds of such
investments. All of the assets and
proceeds, and income therefrom, of the New Hampshire retirement system, and all
contributions and payments made thereto, shall be held, invested or disbursed
in trust [solely in the interest of the members and beneficiaries of the
system for the exclusive purpose of providing those benefits and defraying
those reasonable administrative expenses provided for under this chapter. In the management, investment,
and reinvestment of system assets so held in trust hereunder, the system’s
board of trustees shall exercise the judgment and care under the circumstances
then prevailing, which persons of prudence, discretion, and intelligence,
acting in a like capacity and familiar with such matters, would use in the
conduct of a pension plan of like character and with like aims as the system,
and by diversifying investments of the system so as to minimize the risk of
large losses to the trust fund].
I-a.(a)
A trustee, investment committee member, or other fiduciary shall
discharge duties with respect to the retirement system:
(1) Solely in the interest of the participants
and beneficiaries;
(2) For the exclusive purpose of providing
benefits to participants and beneficiaries and paying reasonable expenses of
administering the system;
(3) With the care, skill, and caution under the
circumstances then prevailing which a prudent person acting in a like capacity
and familiar with those matters would use in the conduct of an activity of like
character and purpose;
(4) Impartially, taking into account any
differing interests of participants and beneficiaries;
(5) Incurring only costs that are appropriate and
reasonable; and
(6) In accordance with a good-faith
interpretation of the law governing the retirement system.
(b) In investing and managing assets of the
retirement system pursuant to subparagraph (a), a trustee or investment
committee member with authority to invest and manage assets:
(1) Shall consider among other circumstances:
(A) General economic conditions;
(B) The possible effect of inflation or
deflation;
(C) The role that each investment or course of
action plays within the overall portfolio of the retirement system;
(D) The expected total return from income and the
appreciation of capital;
(E) Needs for liquidity, regularity of income,
and preservation or appreciation of capital; and
(F) The adequacy of funding for the system based
on reasonable actuarial factors;
(2) Shall diversify the investments of the
retirement system unless the trustee or investment committee member reasonably
determines that, because of special circumstances, it is clearly prudent not to
do so;
(3) Shall make a reasonable effort to verify
facts relevant to the investment and management of assets of a retirement
system; and
(4) May invest in any kind of property or type of
investment consistent with this section.
(c) The board of trustees shall adopt a statement
of investment objectives and policies for the retirement system as provided in
subparagraph VII(c).
I-b. Paragraph I-a shall apply to all board
members, investment committee members, and other fiduciaries, as well as staff
and vendors to the extent they exercise any discretionary authority or
discretionary control respecting management of the retirement system or
exercise any authority or control respecting management or disposition of its
assets, or they render investment advice for a fee or other compensation,
direct or indirect, with respect to any moneys or other property of the
retirement system, or have any authority or responsibility to do so, or they
have any discretionary authority or discretionary responsibility in the
administration of the retirement system.
I-c. The fiduciary obligations of the members of the board of trustees are paramount to any other interest a trustee may have arising from another role or position that he or she holds, including the position which qualified the person for appointment to the board of trustees.
II. The board of
trustees shall[:
(a) Have
the authority to empower an investment committee of its members to make
investments and deposits between meetings of the board.] appoint
an investment committee to make investments and deposits on behalf of the
board. The investment committee shall
consist of 5 members, 3 of whom shall be experienced in the field of
institutional investment, and 2 of whom shall be members of the board. The investment committee shall:
[(b)] (a) Have the [further] authority to hire
investment counsel. The compensation for
investment counsel services and the compensation for actuarial services
required by the board of trustees in performing the duties required by RSA
100-A:14 shall be a charge upon the funds of the
[(c)] (b) Appoint and employ a custodian of the several
funds of the retirement system, and such custodian, as an agent of the board and
the investment committee, shall be compensated and such compensation
shall be a charge upon the funds of the retirement system.
[(d)] (c) Have the full power and authority to delegate
to any agent, within or without the state, who may or may not be the custodian
of stocks and securities, the power and discretion to make decisions with
regard to the purchase or sale of any legal object of investment and to take
any action necessary to effect decisions by or on behalf of the New Hampshire
retirement system with the same legal effect as if performed by the investment
committee or the board of trustees of the New Hampshire retirement
system. The [board of trustees]
investment committee shall have the power to authorize the payment of
compensation to an agent or agents for management services.
(d) Report to the board of trustees at least
quarterly on the management, investment, and reinvestment activities of the
investment committee.
II-a.
The board of trustees shall appoint and oversee an audit committee to undertake
audit and reporting requirements under paragraph VI of this section. The audit committee shall consist of 5 members,
3 of whom shall be experienced in the field, and 2 of whom shall be members of
the board. The members of the audit
committee shall serve at the pleasure of the board of trustees.
III. Except as otherwise provided in this section, no trustee, no investment committee member, audit committee member, and no employee of the board of trustees shall have any personal interest in the gains or profits of any investment made by the board; nor shall any trustee, investment committee member, audit committee member, or employee of the board, directly or indirectly, for himself or herself or as an agent, in any manner use the same except to make such current and necessary payments as are authorized by the board; nor shall any trustee, investment committee member, audit committee member, or employee of the board become an endorser or surety, or in any manner an obligor, for money loaned to or borrowed from the board.
IV. The board of
trustees is authorized to engage the services of legal counsel for [special
investment,] federal[,] and tax matters, and to engage outside
counsel for other matters. All
contracts for legal services shall be awarded following a request for proposals
(RFP) issued by the board. The
payment for services provided in this paragraph shall be a charge upon the
funds of the
V. The board of trustees
shall adopt rules pursuant to RSA 541-A relative to procedures to be followed
in establishing and modifying investment objectives and guidelines[, and in
selecting investment managers, investment products and investment
participations]. The
investment policies shall not be subject to rulemaking under RSA 541-A.
VI.(a)
The funds of the board
of trustees] audit committee shall complete, not later than 120 days after
the close of the fiscal year[, unless the fiscal committee and the governor
and council for good cause shall extend such period], a comprehensive
annual financial report concerning the preceding fiscal year that details the
financial condition and operation of the system during that period in a manner
consistent with generally accepted accounting principles. The fiscal committee and the governor and
council for good cause may extend such period. Said report subsequently shall be audited by
the legislative budget assistant who may designate a certified public
accountant not employed in the state service to conduct the annual audit and
may accept the findings and report of the certified public accountant as
fulfilling the provisions of this paragraph, provided that in either case said
audit shall be conducted in accordance with prevailing standards and practices
of governmental auditing specified by authoritative national standard setting
bodies.
(b)
The audit committee shall cause a performance audit not less frequently
than every 3 years.
(c) Copies of all audits and reports shall be
forwarded to the governor, the senate president, and the speaker of the house
of representatives. The cost of [such
audit] all audits and reports shall be a charge upon the funds of the
VII. The board of trustees shall complete a comprehensive annual investment report at the same time that the annual financial report under paragraph VI is completed. The investment report shall be submitted to the president of the senate, the speaker of the house, and the governor. The report shall include, but shall not be limited to:
(a) A description of the board’s philosophy for investing the assets of the system, including an analysis of any significant changes in philosophy which have occurred from the prior annual report.
(b) An analysis of the return on investment, by investment category.
(c) [Anticipated future uses of and approaches
to the management, investment, and reinvestment of system assets under the
principles of paragraph I.] An annual investment policy statement which
shall incorporate the following:
(1) A clear statement of investment objectives
including the adoption of a reasonable and sound average annual rate of return
the retirement system is attempting to earn. The rate of return utilized for the statement of investment objectives
shall be same as the assumed rate of return set by the trustees for the
biennial actuarial calculation.
(2) A detailed breakdown of the asset structure
most likely to enable the fund to reach its long range objective within appropriate
risk parameters. The details should
include all relevant subcategories among equities, debt, and alternative
investments and identify the appropriate benchmarks for each performance
analysis. The policy should establish an
acceptable range for each allocation as well as a specific target allocation.
(3) Identification of how outcomes are measured
and benchmarks are developed and who is responsible for the various decision
levels in the investment process between the board of trustees, the investment
committee, the retirement system’s staff, investment consultants, and portfolio
managers. The policy statement should
specify the minimum frequency to review outcomes and responsibilities, in order
to determine whether decisions as to asset mix and manager selection added
value to the fund. Investment managers
should be under constant review by the retirement system.
(d) Any suggested changes in legislation which the board may seek in order to better serve the members of the system. This is not intended to preclude the board of trustees from seeking additional legislation as needs arise between annual reports.
VIII. The management, investment, and reinvestment practices for the assets held in trust by the board pursuant to this section shall be subject to review by the legislature.
IX. All
non-trustee members of the audit and investment committees shall be afforded
the same liability insurance and indemnification as board members.
X. Not later than January 1, 2010, the board of
trustees shall report to the governor, the senate president, and the speaker of
the house of representatives on the operation of the audit and investment
committees.
16 Supplemental Allowances; Annual COLA; Limit Added. Amend RSA 100-A:41-a to read as follows:
100-A:41-a Supplemental Allowances.
I. Any retired
member of the New Hampshire retirement system or any of its predecessor
systems, who has been retired for at least 12 months, or any beneficiary of
such member who is receiving an allowance, shall be entitled to receive
supplemental allowances, also known as cost of living adjustments or COLA’s, on
the retired member’s latest anniversary date.
The amount of such supplemental allowances shall be [limited to from
one percent to 5 percent, with increments of no less than 1/2 of one] 2-1/2
percent of a member’s or beneficiary’s annual retirement allowance which is
$30,000 or less, or otherwise 2-1/2 percent of the first $30,000 of a retired
member’s or beneficiary’s allowance.
II. No later than
May 31 of each year, [the fiscal committee of the general court may approve
COLAs] for the July 1 thereafter,
[upon certification from] the actuary [of] shall certify to the board of
trustees the amount of [the COLA which may be granted to each member
classification based on the] funds available [in the special account]
for each member classification[.the actuary shall look at each member
classification component of the special account separately and shall certify to
the fiscal committee the funds available, and any other information required by
the committee, including but not limited to any change in the Consumer Price Index-Urban for
the year prior to the year in which the allowance is granted]. The
board of trustees shall pay the supplemental allowances to the extent funds are
available in each member classification component of the special account. Any such supplemental allowance when granted [by
the fiscal committee of the general court] shall become a permanent
addition to the beneficiary’s base retirement allowance, and shall be included
in the monthly annuity paid to the retired member, or to the member’s
beneficiary if the member is deceased and the beneficiary is receiving an
allowance under RSA 100-A:8, 100-A:9, 100-A:12, 100-A:13, 100-A:19, the provisions
of former RSA 100-A:16, I(c)(2) relative to additional contributions, or
similar provisions of predecessor systems.
III.(a) The [granting]
payment
of any such supplemental allowance[, or of any increase in supplemental
allowances,] shall be contingent on terminal funding of the total actuarial
cost thereof [at the time of granting].
Such terminal funding shall be from the special account established
under RSA 100-A:16, II(h).
(b) No
supplemental allowance shall [be granted or increased if such grant or
increase would] reduce the funds in the respective component of the special
account to an amount less than zero.
(c) Cost of
living adjustments [granted by the fiscal committee] shall be
retroactive to the member’s eligibility date pursuant to paragraph I[,
beginning July 1, 1999, and for every year thereafter].
17 Additional Temporary Supplemental Allowance. Amend RSA 100-A by inserting after section 41-c the following new section:
100-A:41-d Additional Temporary Supplemental Allowances. The following supplemental allowances shall apply only for fiscal years beginning July 1, 2008 through July 1, 2011:
I. Any retired member of the New Hampshire retirement system or any of its predecessor systems, who has been retired for at least 12 months, or any beneficiary of such member who is receiving an allowance, and whose annual retirement allowance is $20,000 or less, shall be entitled to receive an additional supplemental allowance, in addition to the provisions of RSA 100-A:41-a, on the retired member’s latest anniversary date. The amount of the additional temporary supplemental allowance shall be $1,000 paid from the respective component of the special account.
II. The additional supplemental allowance under this section shall be issued as a separate payment to eligible members or their beneficiaries on or after the July 1 of the 4 years of such temporary supplemental allowance. Supplemental allowances under this paragraph shall not become a permanent addition to the base retirement allowance.
III. No supplemental allowance shall be paid if it would reduce the funds in the respective component of the special account to an amount less than zero.
18 Commission Established. There is established a commission to study the feasibility of authorizing, and the depletion schedules for, future COLAs to be issued at different rates to or within each subgroup within the special account.
19 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Four members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
(c) The
chairperson of the
(d) Five persons with relevant knowledge, one of each representing the interests of teachers, state employees, political subdivision employees, police, and firefighters, appointed by the governor.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the committee.
20 Duties. The commission shall study the feasibility of authorizing, and the depletion schedules for, future COLAs to be issued at different rates to or within each subgroup within the special account. The commission shall consider proposals for defined benefit and defined contribution plans for COLAs. The study shall examine the possibility of issuing COLAs, funded from the special account, with such COLAs becoming permanent additions to the beneficiary’s base retirement allowance. The commission may request assistance from the retirement system and the actuary to aid in its study.
21 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Seven members of the commission shall constitute a quorum.
22 Report. The commission shall report its findings and its initial recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the chairpersons of the house and senate finance and executive departments and administration committees, the governor, and the state library on or before December 1, 2008. The commission shall issue a final report of its findings and recommendations for additional legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the chairpersons of the house and senate finance and executive departments and administration committees, the governor, and the state library on or before December 1, 2009.
23 New Section; Temporary Contribution Amounts and Ratification. Amend RSA 100-A by inserting after section 53-d the following new section:
100-A:53-e Temporary Contribution Amounts and Ratification.
I. Notwithstanding the provisions of RSA 100-A:53, 100-A:53-b, 100-A:53-c, and 100-A:53-d, for the period beginning July 1, 2000, and ending June 30, 2007, 33 1/3 percent of group II employer contributions, group I teacher contributions, group I employer contributions, and group I state employer contributions shall be allocated to the 401(h) subtrust of the New Hampshire retirement system in order to pay for the benefits provided under RSA 100-A:52, 100-A:52-a, and 100-A:52-b, subject to applicable limits under the Internal Revenue Code.
II. At the end of each fiscal year specified in paragraph I, the state annuity accumulation fund of the New Hampshire retirement system shall be reimbursed from the special account established in RSA 100-A:16, II(h) for the amount of funds allocated to the 401(h) subtrust for that year.
III. Actions taken
by the
24 Medical Benefits Financing; Group II. Amend RSA 100-A:53, II-IV to read as follows:
II. The special account established in RSA 100-A:16, II(h), for group II members, shall be augmented as of July 1, 1988, by $23,700,000 resulting from a one-time write-up of the valuation assets as of June 30, 1987. At the end of each fiscal year beginning with the year ending June 30, 1989, and ending with the fiscal year ending June 30, 2007, the state annuity accumulation fund of the New Hampshire retirement system shall be reimbursed from the special account established in RSA 100-A:16, II(h) for the amount of funds allocated to the 401(h) subtrust for that year, and such reimbursement shall continue until the benefits provided through the subtrust are fully funded or until the total accumulated reimbursement equals the sum of:
(a) The initial special account amount as of June 30, 1988, of $52,800,000;
(b) The additional special account amount as of June 30, 1993, which shall be determined by the actuary as an amount which shall be sufficient to provide benefits under RSA 100‑A:52 for persons who meet the requirements of RSA 100-A:52, I(f);
(c) The additional special account amount as of June 30, 1993, of $1,200,000 to provide benefits under RSA 100-A:52 for persons who meet the requirements of RSA 100-A:52, I(g); and
(d) Future accumulated interest per year on the balance of the reimbursement funds remaining in the special account.
III. Except as provided in RSA 100-A:54, II, all contributions made to the retirement system to provide medical benefits under RSA 100-A:52 shall be maintained in a separate account, the 401(h) subtrust, and such funds shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter, including the special account established under RSA 100-A:16, II(h), may be used or diverted to provide medical benefits under RSA 100-A:52. The funds, if any, accumulated to provide medical benefits under RSA 100-A:52 may be invested pursuant to the provisions of RSA 100-A:15.
[IV. A separate
account shall be established and maintained for each retired member who is a
key employee, as defined under section 416(i) of the Internal Revenue Code, at
any time during the plan year or any previous plan year during which
contributions are made hereunder on behalf of such member for the purposes of
RSA 100-A:52.]
25 Medical Benefits Financing; Group I Teachers. Amend RSA 100-A:53-b, II to read as follows:
II. All contributions made to the retirement system to provide medical benefits under RSA 100‑A:52-a shall be maintained in a separate account, the 401(h) subtrust. All funds and accumulated interest shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter, including the special account established under RSA 100-A:16, II(h), may be used or diverted to provide medical benefits under RSA 100-A:52-a. The funds, if any, providing medical benefits under RSA 100-A:52-a may be invested pursuant to the provisions of RSA 100‑A:15.
26 Medical Benefits Financing; Group I Political Subdivision Employees. Amend RSA 100-A:53-c, II to read as follows:
II. All contributions made to the retirement system to provide medical benefits under RSA 100‑A:52-a shall be maintained in a separate account, the 401(h) subtrust. All funds and accumulated interest shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter, including the special account established under RSA 100-A:16, II(h), may be used or diverted to provide medical benefits under RSA 100-A:52-a. The funds, if any, providing medical benefits under RSA 100-A:52-a may be invested pursuant to the provisions of RSA 100‑A:15.
27 Medical Benefits Financing; Group I State Employees. Amend RSA 100-A:53-d, II to read as follows:
II. All contributions made to the retirement system to provide medical benefits under RSA 100‑A:52-b shall be maintained in a separate account, the 401(h) subtrust. All funds and accumulated interest shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter, including the special account established under RSA 100-A:16, II(h), may be used or diverted to provide medical benefits under RSA 100-A:52-a. The funds, if any, providing medical benefits under RSA 100-A:52-b may be invested pursuant to the provisions of RSA 100‑A:15.
28 New Paragraph; Application; Transfers. Amend RSA 100-A:55 by inserting after paragraph II the following new paragraph:
III. No transfers shall be made from the special account established under RSA 100-A:16, II(h) to the 401(h) subtrust for the purpose of funding the provisions of RSA 100-A:52-b or for any other purpose.
29 Financing; Payroll Deduction. Amend RSA 100-A:16, I(a) to read as follows:
(a) The member annuity savings fund shall be a fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their member annuities together with any amounts transferred thereto from a similar fund under one or more of the predecessor systems. Such contribution shall be, for each member, dependent upon the member’s employment classification at the rate determined in accordance with the following table:
Employees 5.00
Teachers 5.00
Permanent Policemen 9.30
Permanent Firemen 9.30
The board of trustees shall certify to the proper authority or
officer responsible for making up the payroll of each employer, and such authority
or officer shall cause to be deducted from the compensation of each member,
except group II members with creditable service in excess of 40 years, as
provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), on each and every
payroll of such employer for each and every payroll period, the percentage of
earnable compensation applicable to such member. No deduction from earnable compensation under
this paragraph shall apply to any group II member with creditable service in
excess of 40 years, as provided in RSA 100-A:5, II(b) and RSA 100‑A:6,
II(b), and this provision for such members shall not affect the method of
determining average final compensation as provided in RSA 100‑A:1,
XVIII. [In determining the amount
earnable by a member in a payroll period, the board may consider the rate of
compensation payable to such member on the first day of a payroll period as
continuing throughout the payroll period and it may omit deduction from
compensation for any period less than a full payroll period if such person was
not a member on the first day of the payroll period, and to facilitate the
making of deductions it may modify the deduction required of any member by such
an amount as shall not exceed 1/10 of one percent of the annual earnable
compensation upon the basis of which such deduction is made.] The amounts deducted shall be reported to the
board of trustees. Each of such amounts,
when deducted, shall be paid to the retirement system at such times as may be
designated by the board of trustees and credited to the individual account, in
the member annuity savings fund, of the member from whose compensation the
deduction was made.
30 New Section; Decennial Retirement Commission. Amend RSA 100-A by inserting after section 56 the following new section:
100-A:57 Decennial Retirement Commission.
I. There shall be
established decennially on or about July 1, beginning in 2017, a commission to
make recommendations to ensure the long-term viability of the
II. The members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
(c) The
chairman of the
(d) Two representatives of group I of the retirement system, appointed by the governor.
(e) Two representatives of group II of the retirement system, appointed by the governor.
(f) Two representatives of municipal and school employers in the retirement system, appointed by the governor.
(g) Four public members with recognized expertise in finance, financial management, or the governance and oversight of large endowments or public funds, appointed by the governor.
(h) One retired member of the retirement system receiving benefits at the time of appointment, appointed jointly by the speaker of the house of representatives and the president of the senate.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission shall:
(a) Study
the previous decade’s history of funding, benefits, and investment results of
the
(b) Review
the structure and governance of the
(c) Analyze the financial status of the retirement system, and the challenges facing the system in the upcoming decade.
(d) Assess any changes to general accounting standards and their potential effect on the retirement system.
(e) Make recommendations for ensuring the long-term viability of the retirement system, including an appropriate funding methodology.
(f) Monitor the sustainability and affordability of cost of living increases for plan participants.
(g) Study other matters deemed necessary by the commission.
(h) Seek
technical assistance as necessary from the
V. The governor, in consultation with the president of the senate and the speaker of the house of representatives, shall designate a chairperson from among the members. The first meeting of the commission shall be called by the chairperson. The first meeting of the commission shall be held within 45 days of the designation of the chairperson.
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 the December 1 next following.
31 Effective Date.
I. Sections 9-12 of this act shall take effect July 1, 2009.
II. Section 15 of this act shall take effect 60 days after its passage.
III. Sections 14 of this act shall take effect July 1, 2008.
IV. The remainder of this act shall take effect upon its passage.
2008-1626s
AMENDED ANALYSIS
This bill:
I. Establishes a procedure for COLAs and temporary supplemental allowances paid from the special account.
II. Suspends the annual increase on the medical subsidy.
III. Makes various other changes to the administration of the retirement system, eligibility and funding of benefits, and investment of retirement system assets.
IV. Implements certain
recommendations of the commission to make recommendations to ensure the
long-term viability of the
HEARINGS
MONDAY, MAY 5, 2008
EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Rooms 305-307, LOB
Sen. Burling (C), Sen. Fuller Clark (VC), Sen. Kelly, Sen. Cilley, Sen. Kenney, Sen. Downing
1:30 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 30th)
1:45 p.m. HB 65, (New Title) relative to the Pease development authority.
(the previous hearing for HB 65 was recessed on April 30th)
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 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
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 690, (New Title) establishing a pilot program for job skills training in volunteer work by unemployed individuals.
(the previous hearing for HB 690 was recessed on April 29th)
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. HB 1304, authorizing
8:45 a.m. HB 352-L, relative to trust funds for public school educational enhancement.
9:00 a.m. HB 1446, relative to changes to the school building aid statutes and to the schoolhouses statutes.
9:15 a.m. HB 1330, relative to the process for nonrenewal of teacher contracts.
EXECUTIVE SESSION MAY
FOLLOW
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT, Room 101, LOB
Sen. Fuller Clark (C), Sen. Hassan (VC), Sen. Cilley, Sen. Sgambati, Sen. Barnes, Sen. Odell
2:00 p.m. EXECUTIVE SESSION ON PENDING LEGISLATION
HB 1202, relative to monitoring privately owned water distribution programs.
HB 1332-L, (New Title) defining “hauler” of solid waste and requiring haulers to register with the department of environmental service, and relative to the weight and measurement of solid waste.
HB 1353, (New Title) extending the commission to study issues relative to groundwater withdrawal.
HB 1429, relative to private landfills.
HB 1471, relative to time limits for excavating and dredging permits.
HB 1538, relative to mineral
extraction, mining, and reclamation in
HB 1628, relative to renewable energy generation incentive programs.
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. HB 1301, relative to the definition of service dogs.
10:30 a.m. HB 1136, relative to automated external defibrillators.
10:45 a.m. HB 1487, (New Title) establishing a committee to study practice by advanced dental hygiene practitioners and ways to increase access to oral health care.
11:00 a.m. HB 1634, establishing the
11:15 a.m. HB 1492, relative to prescriptions under the controlled drug act.
11:30 a.m. HB 1281, (New Title) prohibiting public schools from requiring health insurance as a condition of enrollment except if health insurance is a requirement of the student’s program of study.
EXECUTIVE SESSION MAY
FOLLOW
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
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
ELECTION LAW AND INTERNAL AFFAIRS, Room 103, SH
Sen. Burling (C), Sen. Cilley (VC), Sen. DeVries, Sen. Gallus, Sen. Letourneau
9:00 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
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
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
TUESDAY, MAY 13, 2008
EDUCATION, Room 103, SH
Sen. Estabrook (C), Sen. Foster (VC), Sen. Fuller Clark, Sen. Kelly, Sen. Bragdon, Sen. Letourneau
8:30 a.m. HB 1282, amending the pre-engineering technology curriculum.
8:45 a.m. HB 1161, (New Title) establishing a committee to study the truancy laws.
EXECUTIVE SESSION MAY
FOLLOW
MEETINGS
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
STATE COMMITTEE ON AGING (RSA 161-F:7,I)
10:00 a.m. Brown Building, Room 232 Regular Meeting
129 Pleasant St
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
11:00 a.m. Rooms 305-307, LOB Regular Meeting
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
11:00 a.m. Rooms 210-211, LOB Continuation from the April 29, 2008 Meeting
11:15 a.m. Rooms 210-211, LOB Audits:
State
of
Bureau of Elderly and Adult Services Financial and Compliance Audit Report For the Fiscal Year Ended June 30, 2007
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
COMMISSION TO STUDY
CHILDHOOD LEAD POISONING PREVENTION LAWS, POLICIES, AND STANDARDS IN
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
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
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
FRIDAY, MAY 16, 2008
INTERNATIONAL TRADE ADVISORY COMMITTEE (RSA 12-A:30)
9:00 a.m. International Trade Regular Meeting
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Regular Meeting
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
1:00 p.m. NH DES Field Office Regular Meeting
Pease International Tradeport
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
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
TUESDAY, MAY 27, 2008
3:00 p.m. Room 201, LOB Regular Meeting
monday, june 2, 2008
HOUSING AND CONSERVATION PLANNING PROGRAM ADVISORY BOARD (RSA 4-C:29)
9:30 a.m. Office of Energy and Planning 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
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
COMMISSION TO STUDY
AUTISM SPECTRUM DISORDERS IN
10:00 a.m. Bureau of Developmental Services Regular Meeting
105 Pleasant Street
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
THURSDAY, JUNE 12, 2008
COMMISSION TO STUDY METHODS AND COSTS OF SEWAGE, SLUDGE, AND SEPTAGE DISPOSAL (HB 699, Chapter 253:1, Laws of 2007)
9:00 a.m. Room 303, LOB Regular Meeting
FRIDAY, JUNE 13, 2008
COMMISSION TO STUDY
CHILDHOOD LEAD POISONING PREVENTION LAWS, POLICIES, AND STANDARDS IN
9:30 a.m. Room 100, SH Regular Meeting
EMERGENCY MANAGEMENT SYSTEM JOINT LEGISLATIVE OVERSIGHT COMMITTEE (RSA 21-P:51)
10:00 a.m. Room 307, LOB 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
FRIDAY, JUNE 20, 2008
INTERNATIONAL TRADE ADVISORY COMMITTEE (RSA 12-A:30)
9:00 a.m. Department of Resources and Regular Meeting
Economic Development
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 158 relative to review of
activities affecting surface waters.
SB 166-FN (New Title) relative to port moorings.
SB 173 relative to regulation of private postsecondary career schools.
SB 177 (New Title) relative to orders of reparation by the public utilities commission and penalties against public utilities.
SB 236 extending the authority for police mutual aid.
SB 318-FN (New Title) establishing a commission to study the creation of a large animal care worker classification.
SB 319-FN relative to third party liability and state recovery of public assistance.
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 370 relative to emergency powers of
the supreme court.
SB 372 (New Title) relative to membership of the heating system certification advisory committee.
SB 373 (New Title) relative to
definitions for and the application of the civil unions law to the retirement
system.
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 384 relative to the repair of septic systems prior to the sale of waterfront property.
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 473 naming the Prisoners of
War/Missing in Action Memorial in
SB 501-FN (3rd New Title) relative to workers’
compensation on certain state projects and penalty collection powers of the
department of labor.
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, 342, 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, 528, 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
Senator Lou D’Allesandro
********
MONDAY, MAY 5, 2008
New Hampshire Rail Transit Authority tour of seacoast
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
· 5:37 arrive BON and tour at peak hour.
·
6:20 Downeaster
back to
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
********
MONDAY, MAY 5, 2008
The NH Legislative Caucus on Alcohol & Drug Problems
will meet on Monday, May 5th, at 10:30 a.m. in the Upham-Walker House
Conference Room (please use the side door).
Guest speakers will be John Bunker, President, and Tricia Lucas, Policy
Director from NEW FUTURES; as well as Erik Johannessen, CEO, and Amy Allen,
Director of Education at the
Sylvia B. Larsen, Senate President
********
TUESDAY, MAY 6, 2008
All legislators are invited to a presentation, “The
Epidemiology of Cardiovascular Disease in NH, 2000-2005.” This is part of
the Public Health Grand Rounds Series 2007-2008 sponsored by the UNH Masters in
Public Health Program and the NH Public Health Association. The Speaker
is
This presentation will be held Tuesday, May 6, 2008,
4:30-5:30 p.m. at the
http://www.chhs.unh.edu/hmp/0708grandround_regform.htmlor
or call 862-1128
Senator Iris W. Estabrook
********
WEDNESDAY, MAY 7, 2008
After a long and snowy winter, the New Hampshire Snowmobile
Association will be holding a legislative breakfast in the State House
cafeteria on Wednesday, May 7, 2008, from 7:30 to 9:30 a.m. All Senate members and staff are invited to
stop by, have a cup of coffee, and meet with snowmobilers from across
Senator John T. Gallus
Senator Deborah R. Reynolds
********
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
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
********
MONDAY, MAY 12, 2008
All legislators and their families are invited to the Annual
Gun Owners of New Hampshire "Legislative Firearms Orientation Day"
event at Pelham Fish & Game in
Lunch is provided, as well as shooting and safety instruction, ammunition, targets, eye and ear protection, and loaner firearms (and bring your own, if you like). This is a fun, relaxing, and informative day, centered around shooting and the shooting sports, which helps to further the goodwill which exists between the gun owners and the legislators of our great state.
RSVP by calling (603) 225-4664 or e-mailing ls@pelhamfishandgame.com <mailto:ls@pelhamfishandgame.com> by Friday, May 2. Be sure to state how many will be in your party.
Senator Robert E. Clegg, Jr.
********
TUESDAY, MAY 13, 2008
Annual Massage Therapy Day has been scheduled on Tuesday,
May 13, 2008. All members and staff are welcome to free massages from
10:00 a.m. to 2:00 p.m. in Room 209, LOB.
Sponsored by the NH Chapter of the National Association of Massage
Therapists.
Sylvia B. Larsen, Senate President
********
WEDNESDAY, MAY 14, 2008
Osteoporosis, Education and Prevention Council – The annual education and prevention snack celebration will be held on May 14 from 11:00 a.m. to 1:00 p.m. Bone density of the foot will be available. Everyone is welcome. Come join the fun in Room 100 of the State House.
Senator Sheila Roberge
********
WEDNESDAY, MAY 14, 2008
All legislators and staff are invited to a lunch on May 14 (please note date change) 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 in Rooms 210-211 of the LOB at the House 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,
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
Name: 1. _______________________________________________________
2. _______________________________________________________
3. _______________________________________________________
4. _______________________________________________________
Telephone: _________________________ Amount Enclosed: ___________
********
SENATE SCHEDULE
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
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
Monday, September 1, 2008 Labor
Day (State
Tuesday, November 11, 2008 Veteran's
Day (State
Thursday, November 27, 2008 Thanksgiving
Day (State
Friday, November 28, 2008 Day
after Thanksgiving (State
Thursday, December 25, 2008 Christmas
Day (State
VISITORS CENTER SCHEDULE - MAY
State House Visitation Schedule 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 May 2008. These listings are to ensure all members be notified in a timely manner of visitors from their district. Our schedule is tightly booked for the remainder of the school year and subject to changes. Please note that if your school is closed or has a delay, that their tour will be rescheduled. Please contact the Visitors’ Center concerning school tour booking information. Thank you for your continued participation with your School Visitation Program.
Virginia J. Drew. Director
Caitlin A. Daniuk, Public Information Administrator
|
DATE |
TIME |
GROUP |
CLASS/SIZE |
|
May 2 |
9:30/11:00 SH/SC |
|
4/50 |
|
May 2 |
10:30/12:00 SH/HM |
|
4/64 |
|
May 5 |
9:00 |
St. Anthony’s School – |
4/50 |
|
May 5 |
10:15/11:30 SH/SC |
|
4/80 |
|
May 6 |
9:00 |
|
HS/50 |
|
May 6 |
10:00/11:30 SH/HM |
|
4/80 |
|
May 6 |
12:00 |
|
7/49 |
|
May 7 |
9:30 |
|
4/38 |
|
May 7 |
11:00 |
|
4/31 |
|
May 7 |
11:30 |
|
4/63 |
|
May 8 |
8:45 |
|
4/31 |
|
May 8 |
10:00/11:30 SH/HM |
|
4/67 |
|
May 9 |
8:45 |
New |
4/16 |
|
May 9 |
10:00 |
|
4/14 |
|
May 9 |
10:00 |
|
4/25 |
|
May 9 |
11:30 |
|
4/33 |
|
May 9 |
1:00 |
|
(3&4)/20 |
|
May 12 |
9:45 |
Dr. Louis Soule School – |
4/56 |
|
May 12 |
10:30/12:30 SH/Planet |
|
4/66 |
|
May 13 |
8:45 |
|
4/20 |
|
May 13 |
9:30/11:00 SH/HM |
|
4/70 |
|
May 14 |
10:00/11:30 SH/HM |
|
4/80 |
|
May 14 |
10:30 |
|
(6-8)/12 |
|
May 15 |
9:15 |
|
4/15 |
|
May 15 |
10:30/12:00 SH/HM |
|
4/88 |
|
May 16 |
9:00/10:30 SH/HM |
|
4/80 |
|
May 16 |
1:00 |
|
4/25 |
|
May 19 |
9:45 |
|
4/20 |
|
May 19 |
11:00 |
|
(3&4)/15 |
|
May 19 |
12:30 |
|
4/29 |
|
May 19 |
2:00 |
NARFE |
Adult/25 |
|
May 20 |
9:30/11:00 SH/HM |
|
4/105 |
|
May 20 |
12:30 |
|
4/12 |
|
May 21 |
10:00 |
|
4/33 |
|
May 21 |
11:00 |
Young Professionals Association – |
Adults/15 |
|
May 21 |
12:00 |
Presentation of |
4/36 |
|
May 22 |
10:30 |
|
4/20 |
|
May 22 |
10:30 |
|
4/7 |
|
May 22 |
11:30/1:00 SH/HM |
DJ |
4/80 |
|
May 22 |
1:00 |
Seminarians |
Adult/25 |
|
May 23 |
10:00 |
|
4/40 |
|
May 23 |
11:30 |
|
4/40 |
|
May 23 |
1:00 |
|
4/32 |
|
May 27 |
10:00 |
St. Mary’s School – |
4/11 |
|
May 27 |
10:00/11:30 SH/HM |
|
4/56 |
|
May 28 |
10:30 |
|
6/9 |
|
May 28 |
10:30 |
|
4/11 |
|
May 28 |
12:00 |
St. Elizabeth of |
4/25 |
|
May 29 |
10:30/12:00 SH/HM |
|
4/75 |
|
May 30 |
10:00 |
|
4/40 |
|
May 30 |
11:15 |
|
4/46 |
|
May 30 |
11:30 |
|
4/18 |
********
THE STATE OF
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