April 2, 2009
No. 18
STATE OF
WEB SITE ADDRESS:
www.gencourt.state.nh.us
161st
Session of the
Legislative
SENATE
CALENDAR
REPORTS, AMENDMENTS,
HEARINGS,
MEETINGS AND
NOTICES
THE SENATE WILL MEET IN SESSION ON WEDNESDAY, APRIL 8, 2009 AT 10:00 A.M.
LAID ON THE TABLE
CACR 11, relating
to funding of public education.
Providing that the general court shall define an adequate education and
distribute state funds for public education in a manner that alleviates local
disparities. 4/01/09, pending motion
ITL, Education, SJ 10, pg. TBA
SB 21, enabling
certain persons to vote in primaries prior to turning 18 years of age. 3/25/09, pending motion OTP, Election Law
and Veterans' Affairs, SJ 9, pg. TBA
SB 34, providing that registers of probate be present at the probate office in accordance with personnel rules established by the supreme court. 2/18/09, pending motion OTP, Judiciary, SJ 5, pg. 58
SB 83, establishing a committee to study net loss carry forward provisions under the business taxes. 3/25/09, pending motion OTP, Ways & Means, SJ 9, pg. TBA
SB 84, relative
to the unused prescription drug program. 4/01/09,
pending motion ITL, Judiciary, SJ 10, pg. TBA
SB 136-FN, relative to the motor vehicle registration fee supporting a municipal and transportation improvement fund. 3/4/09, pending motion ITL, Public and Municipal Affairs, SJ 6, pg. 79
SB 146-FN-A, relative to liquor profits deposited into the alcohol abuse prevention and treatment fund. 3/25/09, pending motion OTP, Ways & Means, SJ 9, pg. TBA
SB 164-FN-A, relative
to the expansion and funding of northern
SB 167-FN, relative to employee leasing companies. 3/11/09, pending motion OTP, Commerce, Labor and Consumer Protection, SJ 7, pg. 92
SB 169-FN, relative to games of chance and establishing a gaming oversight authority and video lottery gaming. 3/11/09, pending motion ITL, Ways & Means, SJ 7, pg. 114
SB 179-FN-A-L, providing for the recovery of horse racing, and expanding gaming operations in the north country and at pari-mutuel locations. 3/11/09, pending motion OTP, Ways & Means, SJ 7, pg. 114
SPECIAL ORDER
TRANSPORTATION AND INTERSTATE COOPERATION
HB 56-FN, renaming a bridge to honor U. S. Navy Seal Daniel Healy.
Ought to Pass with Amendment, Vote 5-0.
Senator Letourneau for the committee.
REPORTS
COMMERCE, LABOR AND CONSUMER PROTECTION
SB 5, prohibiting retailers from disclosing private consumer information to foreign states in connection with the collection of certain sales and use taxes.
Ought to Pass with Amendment, Vote 6-0.
Senator Hassan for the committee.
SB 40, relative to protecting workers and local governments with advance notice of impending plant closings and layoffs.
Ought to Pass with Amendment, Vote 3-2.
Senator DeVries for the committee.
SB 61, relative to consumer credit report of satisfied debts.
Re-refer to committee, Vote 3-0.
Senator Roberge for the committee.
SB 78, relative to contractor accountability and disclosure in the public works construction procurement process.
Ought to Pass with Amendment, Vote 4-2.
Senator Hassan for the committee.
SB 153, relative to business practices between motor vehicle manufacturers, distributors, and dealers.
Ought to Pass with Amendment, Vote 6-0.
Senator DeVries for the committee.
SB 172, relative to eligibility for state-federal extended unemployment benefits.
Ought to Pass, Vote 4-0.
Senator DeVries for the committee.
SB 188, relative to hospital billing for professional services.
Ought to Pass with Amendment, Vote 6-0.
Senator Cilley for the committee.
SB 194, relative to the negotiation of payroll checks.
Re-refer to committee, Vote 4-0.
Senator Reynolds for the committee.
EDUCATION
SB 59, relative to the renovation and replacement of school buildings.
Ought to Pass with Amendment, Vote 6-0.
Senator Fuller Clark for the committee.
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT
SB 56, relative to financial responsibility for large groundwater withdrawals.
Re-refer to committee, Vote 6-0.
Senator Cilley for the committee.
SB 85, extending the commission to develop a plan for the expansion of transmission capacity in the north country.
Ought to Pass with Amendment, Vote 4-1.
Senator Fuller Clark for the committee.
SB 97, relative to customer information regarding energy sources and the environmental characteristics of their electric service.
Ought to Pass with Amendment, Vote 6-0.
Senator Merrill for the committee.
SB 134-FN, relative to the comprehensive shoreland protection act.
Ought to Pass with Amendment, Vote 5-0.
Senator Fuller Clark for the committee.
SB 152, relative
to an investigation by the public utilities commission to determine whether the
scrubber installation at the
Inexpedient to Legislate, Vote 6-0.
Senator Odell for the committee.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 633-FN, relative to eligibility for medical benefits payment by the retirement system for certain group I teacher and political subdivision employee members.
Ought to Pass, Vote 4-0.
Senator Fuller Clark for the committee.
HB 685-FN, relative to medical benefits payment by the retirement system for certain vested deferred group I members.
Ought to Pass with Amendment, Vote 4-0.
Senator Downing for the committee.
HEALTH AND HUMAN SERVICES
HB 483, establishing the developmental services quality council.
Ought to Pass, Vote 5-0.
Senator Kelly for the committee.
HB 594-FN, relative to the medicaid pharmacy benefits management program.
Ought to Pass, Vote 5-0.
Senator Sgambati for the committee.
JUDICIARY
SB 90, establishing a private right of action for pharmacies against health maintenance organizations.
Ought to Pass with Amendment, Vote 5-0.
Senator Roberge for the committee.
SB 113, authorizing the electronic enforcement of traffic signal violations.
Inexpedient to Legislate, Vote 4-1.
Senator Lasky for the committee.
SB 120, relative to nonemergency involuntary admissions and permitted condition of conditional discharge from a mental health facility.
Re-refer to committee, Vote 5-0.
Senator Lasky for the committee.
SB 125, relative to proof of age for an underage drug or alcohol house party.
Inexpedient to Legislate, Vote 3-2.
Senator Reynolds for the committee.
SB 126, relative to the use of audio and video recording devices by law enforcement officers.
Inexpedient to Legislate, Vote 4-1.
Senator Reynolds for the committee.
SB 142, relative to registration of criminal offenders.
Ought to Pass with Amendment, Vote 5-0.
Senator Letourneau for the committee.
SB 151, relative to quorum requirements for public bodies for which a quorum is not expressly declared.
Ought to Pass with Amendment, Vote 5-0.
Senator Houde for the committee.
SB 203, relative to liability protection for railroad operators operating alongside recreational trails.
Ought to Pass with Amendment, Vote 3-2.
Senator Reynolds for the committee.
SB 205-FN, making various changes to the criminal statutes.
Ought to Pass with Amendment, Vote 5-0.
Senator Houde for the committee.
PUBLIC AND MUNICIPAL AFFAIRS
SB 123, relative to agricultural restricted covenants.
Ought to Pass with Amendment, Vote 5-0.
Senator DeVries for the committee.
SB 195, relative to procedures for the trimming, cutting, or removal of trees by utilities.
Ought to Pass with Amendment, Vote 5-0.
Senator Houde for the committee.
SB 202-FN-L, relative to employee candidate background checks by municipalities.
Ought to Pass with Amendment, Vote 5-0.
Senator Barnes for the committee.
TRANSPORTATION AND INTERSTATE COOPERATION
HB 162, relative to recycled and rebuilt vehicles.
Ought to Pass, Vote 4-0.
Senator Letourneau for the committee.
HB 284-FN, increasing the contract amount that triggers the bond requirement on public projects.
Ought to Pass, Vote 4-0.
Senator Kelly for the committee.
HB 671-FN, amending the motorist service signing program to allow the department of transportation to charge a fee for attraction signs.
Ought to Pass, Vote 4-0.
Senator Gilmour for the committee.
WAYS AND MEANS
SB 181-FN-A, relative to the liquor commission and alcoholic beverages.
Re-refer to committee, Vote 6-0.
Senator Odell for the committee.
WILDLIFE, FISH AND GAME AND AGRICULTURE
HB 41, allowing
the executive director of fish and game to donate certain hunting and fishing
permits to the wildlife heritage foundation of
Ought to Pass with Amendment, Vote 5-0.
Senator Janeway for the committee.
HB 182, relative to fish and game department authorization to administer programs involving federal aid, and relative to biennial reports of the department.
Ought to Pass, Vote 2-0.
Senator Gallus for the committee.
HB 451, authorizing a transaction fee for license agents electronically issuing fish and game licenses.
Ought to Pass, Vote 3-0.
Senator Janeway for the committee.
HB 526, changing certain references in fish and game laws to river herring.
Ought to Pass, Vote 4-0.
Senator Gilmour for the committee.
HB 545-FN, relative to the wildlife damage control program in the fish and game department.
Ought to Pass, Vote 5-0.
Senator Janeway for the committee.
HB 612, (New Title) relative to the suspension or revocation of fish and game licenses.
Ought to Pass, Vote 5-0.
Senator Gilmour for the committee.
SPECIAL-ORDERED AMENDMENTS
Transportation and Interstate Cooperation
March 26, 2009
2009-1089s
06/09
Amendment to HB 56-FN
Amend the bill by replacing section 3 with the following:
3 Effective Date. This act shall take effect upon its passage.
AMENDMENTS
Commerce, Labor and Consumer Protection
April 2, 2009
2009-1200s
09/10
Amendment to SB 5
Amend the title of the bill by replacing it with the following:
AN ACT prohibiting retailers from disclosing private customer information to foreign states in connection with the collection of certain sales and use taxes.
Amend the bill by replacing all after the enacting clause with the following:
1 New Chapter; Protection of Private Customer Information in Connection with Retail Purchase Transactions. Amend RSA by inserting after chapter 78-C the following new chapter:
CHAPTER 78-D
PROTECTION OF PRIVATE CUSTOMER INFORMATION
IN CONNECTION WITH RETAIL PURCHASE TRANSACTIONS
78-D:1 Findings and Purpose. The general court finds:
I. Numerous states impose a sales tax on goods and services purchased by customers within their boundaries, and also impose an excise known as a “use tax” on use, storage, or consumption of goods and services purchased by their residents from a business located out of the taxing state. Many of these states require their residents to report and pay the use tax directly to the state.
II. The state of
III. The state of
IV. New Hampshire has a strong governmental interest in protecting the privacy of an individual’s personal information that may be used to facilitate the sale of goods and services within this state, while the general court can identify no governmental interest in requiring its businesses to make an affirmative inquiry concerning the location of the intended use of a good or service, or whether such good or service will be used by the purchaser or by another person.
V. The United States Supreme Court has unequivocally determined that only businesses that have an adequate physical presence in a state imposing a sales and use tax may be subject to a requirement to assess, collect, and remit a sales tax. New Hampshire businesses that have no physical presence in such a foreign state, such as through retail or wholesale locations, or sales personnel, have no obligation to assess, collect, or remit a sales tax with respect to purchases by foreign citizens in New Hampshire.
VI. The imposition by other states of obligations to collect use tax imposed on residents with respect to purchases occurring within this state results in fundamental discrimination between businesses selling items within the foreign state (who are subject only to the sales tax administrative burdens) and businesses selling similar items within this state (who are subject to potentially highly burdensome and arbitrary administrative requirements to determine, in some manner, whether a customer will store, use, or consume such items within such foreign state even before the customer has in fact stored, used, or consumed the item within such foreign state). This discriminatory burden violates federal constitutional protections that create an area of trade that is free from interference by state laws and prohibit state laws that discriminate against interstate commerce by providing a direct commercial advantage to local businesses.
VII. Any foreign state that attempts to require an out-of-state business to collect a use tax imposed on citizens of such foreign state without first seeking actively to enforce such use tax against its own citizens shall have carefully developed information and documentation that demonstrates conclusively that a business knew, based on information provided by a customer, that such customer has stored, consumed, or used a purchased item within such foreign state. Any attempt by such foreign state to charge the business with use tax liability without satisfying these prior requirements is the effective equivalent of imposing a direct tax on the out-of-state business with respect to out-of-state transactions in a manner that unlawfully discriminates against such out-of-state transactions in violation of the Commerce Clause of the United States Constitution.
78-D:2 Qualifying Foreign Sales and Use Tax Statute.
(a) “Adequate physical presence” means the presence of stores, offices, or other tangible locations within the foreign state at which the retailer or its affiliates engage in business within the foreign state through the activities of owners, officers, directors, partners, managers, employees, representatives, or agents, whether or not related to the activity of the retailer sought to be taxed.
(b) “Foreign state” means a foreign state or commonwealth which assesses sales or use tax on its residents with respect to the use, storage, and consumption of goods and services.
(c) “Goods” means tangible personal property intended for any use other than resale.
(d) “
(e) “Private customer information” means documents, records, and other information maintained in any form which contains the purchaser’s name, address, telephone number, credit card, debit card or check number, a description of the goods or service purchased, the identity of any person for whom the goods or services were purchased, and the identification of the point of transfer of any goods or services that comprise a New Hampshire retail purchase transaction.
(f)
“Retailer” means any individual, trust, estate, fiduciary, partnership,
corporation, or other legal entity, located within the state that engages in
II. No retailer shall provide to a foreign state any private customer information for use in the determination of sales or use tax liability of the customer in the foreign state or for use in the determination, collection, and remittance of sales or use tax by the retailer with respect to a New Hampshire retail purchase transaction, unless the foreign state has first provided to the retailer written confirmation that the foreign state provided prior written notice of its intent to collect a use tax on such retail transaction to the commissioner of revenue administration, and no later than 60 days following the commissioner’s receipt of such notice by the foreign state, the department of justice has submitted to the commissioner its determination that the foreign state’s sales and use tax statutes:
(a) Impose upon its residents a requirement to individually pay sales or use tax on the use, storage, or consumption of goods or services purchased in any other state;
(b) Specifically identify specifically the goods and services to which the use tax applies and exemptions to the use tax;
(c) Require that the retailer or its affiliates have adequate physical presence to establish nexus with the foreign state for the establishment of any obligation of the retailer to determine, collect, and remit a use tax with respect to a New Hampshire retail purchase transaction;
(d) Require every resident to submit annually to the foreign state a statement (i) identifying each and every item subject to such foreign state’s sales and use tax purchased outside such foreign state for storage, use or consumption within such foreign state during an applicable period, (ii) stating the value of such items purchased, and (iii) including a statement under penalties of perjury that such resident complied with the requirement stated in this chapter;
(e) Require its residents or the foreign state to provide the retailer at the time of a New Hampshire retail purchase transaction with information establishing whether or not the goods or services purchased in the state are intended to be used, stored, or consumed within the foreign state, and provide that any information supplied by its residents is irrefutably presumed to be correct and complete, and that the retailer may rely on such information regardless of the accuracy or completeness of such information;
(f) Require that any agency of such foreign state responsible for enforcing such foreign state’s sales or use tax shall annually audit, investigate, or examine not less than 10 percent of the total use tax returns filed by residents of such foreign state with respect to each year;
(g) Require that any agency of such foreign state responsible for enforcing such foreign state’s use tax shall conduct its audit, investigation, or examination practices with respect to residents’ use tax returns in a manner that ensures that such practices are applied equally regardless of the state in which the sales transaction occurs, and that requires any such agency to file a public report annually demonstrating compliance with this nondiscrimination requirement; and
(h) Create an irrebutable presumption that, in the absence of voluntary information by the resident, the goods or services purchased are intended to be used in the state in which they are purchased.
2 Effective Date. This act shall take effect 60 days after its passage.
2009-1200s
AMENDED ANALYSIS
This bill prohibits retailers in
Commerce, Labor and Consumer Protection
April 2, 2009
2009-1206s
08/04
Amendment to SB 40
Amend RSA 275-F:2, IV as inserted by section 1 of the bill by replacing it with the following:
IV. “Employer”
means any individual or entity that directly or indirectly owns, or actively
controls the management decisions of, a business enterprise in
(a) Seventy-five or more employees, excluding part-time employees; or
(b) Seventy-five or more employees who in the aggregate work at least 3,000 hours per week, exclusive of hours of overtime.
Amend RSA 275-F:2, VI(b) as inserted by section 1 of the bill by replacing it with the following:
(b) Results
in an employment loss at a single site of employment in
Amend RSA 275-F:2 as inserted by section 1 of the bill by inserting after paragraph IX the following new paragraph:
X. “Seasonal employee” means an employee who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required, or an employee hired with the understanding that their employment was limited to the duration of a particular project or undertaking.
Amend RSA 275-F:6 as inserted by section 1 of the bill by replacing it with the following:
275-F:6 Determinations with Respect to Employment Loss. In determining whether a plant closing or mass layoff has occurred or will occur, employment losses for 2 or more groups at a single site of employment, each of which is less than the minimum number of employees specified in RSA 275‑F:2, VI or RSA 275-F:2, VIII but which in the aggregate exceed that minimum number, and which occur within any 90-day period shall be considered to be a plant closing or mass layoff unless the employer demonstrates that the employment losses are the result of separate and distinct actions and causes and are not an attempt by the employer to evade the requirements of this chapter.
Amend RSA 275-F:7, I as inserted by section 1 of the bill by replacing it with the following:
I. The commissioner shall have the authority to determine any liabilities or civil penalties under RSA 275-F:8 and RSA 275-F:9 and the applicability of any exceptions under RSA 275-F:4.
Amend RSA 275-F:7 as inserted by section 1 of the bill by inserting after paragraph IV the following new paragraph:
V. The commissioner may hold in trust any proceeds from a lien filed under RSA 275-F:8 pending adjudication of any claims to the proceeds by an employer. Following the final adjudication of such claims, the commissioner shall distribute any proceeds from the lien on a pro rata basis to the employees of the employer or employers against whose business revenues and real and personal property the lien was obtained.
Amend RSA 275-F:8, I as inserted by section 1 of the bill by replacing it with the following:
I.(a) Any employer who fails to give notice under RSA 275-F:3 before ordering a mass layoff or plant closing is liable to each employee entitled to notice who lost his or her employment for:
(1) Back pay at the average regular rate of compensation received by the employee during the last 3 years of his or her employment, or the employee’s final rate of compensation, whichever is higher; and
(2) The value of the cost of any benefits to which the employee would have been entitled had his or her employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan; and
(3) Costs and reasonable attorney’s fees.
(b)(1) The department shall have a lien upon the business revenues and all real and personal property of the employer for the employer's liability under subparagraph I(a). In order for such lien to be valid and effective against the employer's interest in real property, the department shall record a notice of lien in each county in which the employer holds an interest in real property.
(2) Upon recordation of a notice of such lien with the secretary of state, the lien shall be valid and perfected as of the date of the employer’s failure to give notice as required by this chapter with priority over all prior liens and encumbrances except tax liens.
Amend RSA 275-F:8, VII as inserted by section 1 of the bill by replacing it with the following:
VII. Whenever the
attorney general has reason to believe that an employer is violating or is
about to violate this act, the attorney general may bring an action in the name
of the state against such employer to restrain such violation by temporary or
permanent injunction and may petition the court for an order of restitution of
money or property to any person or class of persons injured thereby. The action may be brought in the superior
court of the county in which the employer allegedly in violation of this act
resides or in which the principal place of business is located, or in the
superior court of
Senate Education
March 31, 2009
2009-1145s
04/05
Amendment to SB 59
Amend the bill by replacing all after the enacting clause with the following:
1 Schoolhouses; Location and Construction by District. Amend RSA 199:1 to read as follows:
199:1 Location and Construction by District. The district may decide upon the location of its schoolhouses by vote or by a committee appointed for the purpose, provided, however, that all plans, specifications, and the selection of site for any new school buildings for any school district within the state shall be approved by the school board of the district in which it is proposed to construct such a building. The provisions of this section shall apply to all new construction of public school buildings, including those constructed by grant or loans of funds from state, the federal government, or other sources. The district shall investigate all feasible options in the course of deciding to renovate or replace an existing school building. In considering such options, the district shall seek input from the public, the local planning board, and municipal authorities, including local elected officials, police, fire, and public works personnel. As part of their final recommendation on the chosen construction alternative, the school board of a school district considering a construction or renovation project shall demonstrate how the school building project conforms to the community master plan and local planning and zoning regulations. For the purposes of this chapter, in addition to their usual meanings, the words “schoolhouse” and “school building” also mean educational administration building, including school administrative unit facilities.
2 New Paragraph; School Building Aid; Amount of Annual Grant. Amend RSA 198:15-b by inserting after paragraph VII the following new paragraph:
VIII. For the purpose of receiving grants under this section, acquisition of additional land as part of any school renovation project shall not be required unless such additional land is necessary to ensure the safe flow of traffic for school buses or other vehicles entering or exiting school grounds, or the safe boarding or discharge of children using school buses or other vehicles.
3 School Building Aid; Approval of Plans. Amend RSA 198:15-c to read as follows:
198:15-c Approval of Plans, Specifications, and Costs of Construction or Purchase. A school district maintaining approved schools, desiring to avail itself of the grants herein provided shall have the plans, specifications, and cost estimates for school plant construction or proposals for the purchase of school buildings, or both, and the costs for them approved by the state board prior to the start of construction. For this purpose the district shall submit its plans, specifications, cost, and purchase estimates in writing to the department of education on such forms as the department prescribes. A school district shall also submit a copy of any application for energy efficiency reimbursement under RSA 374-F. The department of education shall coordinate with the public utilities commission to ensure that eligible school districts have submitted applications for funding reimbursement and technical assistance as available from energy utility companies to promote indoor air quality and energy efficiency in public schools. Application for school building aid shall be submitted before January 1 of each year in order to be eligible for school building aid in the fiscal year following the year of submittal. The department of education shall not approve the plans, specifications, cost, or purchase estimates, if in the department’s judgment the facilities planned will not adequately meet the educational requirements, or if its cost estimates are excessive or unreasonable. The department of education shall not approve the plans, specifications, cost, or purchase estimates if in the department’s judgment the proposed construction or purchase is in conflict with effective statewide planning or the principles of smart growth pursuant to RSA 9-B. Necessary costs of the purchase of school buildings may be determined by any recognized method of real estate appraisal with appropriate adjustments for remodeling or other expenditures. Upon approval of the construction or purchase, or both, by the department of education, the school district shall be entitled to receive an annual grant as provided herein.
4 Governmental Land Uses. Amend RSA 674:54, II to read as follows:
II. The state,
university system, community college system of New Hampshire, county, town,
city, school district, or village district shall give written notification to the
governing body and planning board, if such exists, of a municipality of any
proposed governmental use of property within its jurisdiction, which
constitutes a substantial change in use or a substantial new use. Written notification shall contain plans,
specifications, explanations of proposed changes available at the time, a
statement of the governmental nature of the use as set forth in paragraph I,
and a proposed construction schedule.
Such notification shall be provided at least 60 days prior to the
beginning of construction. Either the
governing body or planning board of the municipality may conduct a public
hearing relative to the proposed governmental use. Any such hearing shall be held within 30 days
after receipt of notice by the governing body or planning board. A representative of the governmental entity
which provided notice shall be available to present the plans, specifications,
and construction schedule, and to provide explanations. The governing body or planning board may
issue nonbinding written comments relative to conformity or nonconformity of
the proposal with normally applicable land use regulations to the sponsor of
the governmental use within [30] 10 days after the hearing.
5 Effective Date. This act shall take effect 60 days after its passage.
Commerce, Labor and Consumer Protection
April 2, 2009
2009-1207s
10/04
Amendment to SB 78
Amend the bill by replacing section 1 with the following:
1 New Sections; Public Works Design and Construction; Subcontractor Bids; Worksite Accountability. Amend RSA 21-I by inserting after section 81 the following new sections:
21-I:81-a Requirement
for Listing Subcontractors Bids for State Construction Contracts. The following requirements apply to the
construction, reconstruction, installation, demolition, maintenance, or repair
of any building by a public agency, including the community college system and
university system of
I. A general contractor shall provide to the agency a list of the names, addresses, CEO, CFO, other LLC principals, and each subcontractor to be used in the performance of the contract as soon as is practicable after the contract award, but in any event prior to the date on which the subcontractor begins work on the project. This provision applies to all subcontractors engaged to work on the project, regardless of the date of their engagement.
II. This section provides minimum disclosure standards regarding subcontractors and shall not preclude an awarding agency or the community college or university system from setting more rigorous standards for construction work under their jurisdiction.
21-I:81-b Worksite Accountability. At the onset of site work on any state construction project, including any construction project undertaken by the community college system and the university system of New Hampshire, the general contractor or designated project construction manager, if any, shall provide to the awarding agency a list of all subcontractors and independent contractors on the job site, with a record of the entity to whom that subcontractor or independent contractor is directly contracted and by whom that contractor or subcontractor is insured for worker’s compensation purposes. This list shall be posted on the jobsite and updated as needed and also posted on the agency website, to be updated weekly. If it is determined that a subcontractor or independent contractor is present on a state construction site without the contractor’s name and direct contracting relationship being posted in a visible location at the worksite, the general contractor or designated project manager shall require the contractor to provide the required information for posting within 24 hours. If the contractor fails to do so, the general contractor or designated contract manager shall suspend the contractor from the site until the information is provided and posted.
Energy, Environment and Economic Development
April 2, 2009
2009-1203s
09/10
Amendment to SB 85
Amend the title of the bill by replacing it with the following:
AN ACT relative to the commission to develop a plan for the expansion of transmission capacity in the north country.
Amend the bill by replacing all after the enacting clause with the following:
1 Purpose. The purpose of this act is to extend and
expand the duties of the transmission commission created by 2008, 348. The transmission commission shall, wherever
possible, seek to obtain federal funds to upgrade the 115 kilovolt transmission
loop in
2 New Subparagraph; Membership of the Commission. Amend 2008, 348:3, I by inserting after subparagraph (g) the following new subparagraph:
(h) The chairperson or designee of the energy efficiency and sustainable energy board established pursuant to RSA 125-O:5-a.
3 Duties of Transmission Commission. 2008, 348:4, I is repealed and reenacted to read as follows:
I. Shall:
(a) Coordinate and oversee efforts to upgrade the electric transmission system in the north country consistent with the responsibilities and findings contained in section 1.
(b) Retain a consultant to assist in developing a plan for the upgrade of the Coos county transmission loop no later than December 1, 2010, or such other date approved by the transmission commission. A 5 member subcommittee composed of the chair of the transmission commission, the chairperson or designee of the energy efficiency and sustainable energy board established pursuant to RSA 125-O:5-a, the 3 representatives of the north country serving on the transmission commission, and such other members as may be designated by the chair, shall have the authority, with the approval of the transmission commission, to retain and oversee the work of the consultant. The consultant’s responsibilities shall include:
(1) Working with developers of proposed New Hampshire renewable generation projects which either have active applications in the ISO-NE Generator Interconnection Study Queue as of the effective date of this act or are subject to New Hampshire jurisdictional interconnection administration, electric transmission companies, the consumer advocate, the public utilities commission, this subcommittee, the congressional delegation, and state officials.
(2) Developing the framework for a proposal for the upgrade of the transmission system in the north country for filing with the Federal Energy Regulatory Commission that fairly balances the costs and benefits of the upgrade between developers and ratepayers. “Community benefits” shall be included as part of deliberation and as part of the final framework.
(3) Meeting periodically with the subcommittee of the transmission commission established under this subparagraph and the full transmission commission to report on the progress of the development of the proposal and taking direction from the commission.
4 Commission Extended. Amend 2008, 348:6 to read as follows:
348:6 Report. The transmission 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 in the form of an interim report
on or before December 1, [2008] 2009 and a final report on or before
December 1, 2010.
5 Effective Date. This act shall take effect upon its passage.
2009-1203s
AMENDED ANALYSIS
This bill extends and expands the membership and duties of the commission to develop a plan for the expansion of transmission capacity in the north country.
Senate Judiciary
April 1, 2009
2009-1178s
10/09
Amendment to SB 90
Amend RSA 420-B:14-a, I as inserted by section 1 of the bill by replacing it with the following:
I. In addition to the sanctions provided in RSA 420-B:13, a pharmacy injured by a health maintenance organization’s violation of RSA 420-B:12, V, may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. 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 health maintenance organization’s violation was a willful or knowing violation of RSA 420-B:12, V, it shall award up to 3 times, but not 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.
Energy, Environment and Economic Development
April 2, 2009
2009-1198s
09/10
Amendment to SB 97
Amend the title of the bill by replacing it with the following:
AN ACT establishing a committee to study the standards and procedures by which certain information should be provided to electrical service customers.
Amend the bill by replacing all after the enacting clause with the following:
1 Committee Established. There is established a committee to study the standards and procedures by which information should be provided to electrical service customers, the legislature, state agencies involved in energy and environmental policy, and other interested parties regarding energy sources and environmental characteristics of electric service, in order for consumers and policymakers to make more informed decisions regarding selecting electrical service.
2 Membership and Compensation.
I. The members of the committee 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.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall study the standards and procedures by which information should be provided to electrical service customers regarding energy sources and environmental characteristics of their electric service.
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 senate 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.
5 Report. The committee 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, 2009.
6 Effective Date. This act shall take effect upon its passage.
2009-1198s
AMENDED ANALYSIS
This bill establishes a study committee to study the standards and procedures by which information should be provided to electrical service customers regarding energy sources and environmental characteristics of their electric service.
Public and Municipal Affairs
April 2, 2009
2009-1191s
08/01
Amendment to SB 123
Amend the bill by replacing the title with the following:
AN ACT relative to agricultural restricted grants.
Amend the bill by replacing all after the enacting clause with the following:
1 Agricultural Preservation Restrictions. Amend RSA 432:18, I-II to read as follows:
II. “Agricultural
preservation restriction” means the restraint placed on the development rights
of agricultural land, whether stated in the form of a restriction, easement,
covenant, or condition, in any deed, will, or other instrument
executed by or on behalf of the owner of the land which is appropriate to retaining
land or water areas predominantly in their agricultural use, to prohibit or
limit (1) construction or placement of buildings except those used for
agricultural purposes [or for dwellings used for family living by the
landowner, his immediate family or employees]; (2) excavation, dredging,
or removal of loam, sod, peat, gravel, soil, rock, or other mineral
substance in such a manner as to adversely affect the land’s future
agricultural potential; or (3) other acts or uses detrimental to such retention
of the land for agricultural use. Agricultural
preservation restriction does not include agricultural restricted grants as
defined in paragraph II-a.
2 New Paragraph; Agricultural Restricted Grants; Definition. Amend RSA 432:18 by inserting after paragraph II the following new paragraph:
II-a. “Agricultural restricted grant” means a grant given to a landowner by the department of agriculture, markets, and food for a limited time set by the parties with financial or technical assistance provided by the department in return for guarantees of continued farm use of the property for a minimum specified time period.
3 Site; Agricultural Restricted Grants Added. Amend RSA 432:18, IX to read as follows:
IX. “Site” means a specific land area for agricultural purposes in which agricultural land development rights including agricultural restricted grants are acquired in order to preserve land suitable for agricultural production.
4 New Paragraph; Duties of the Commissioner. Amend RSA 432:21 by inserting after paragraph V the following new paragraph:
VI. Adopt rules relative to procedures for granting financial or technical assistance for aid for the creation of agricultural restricted grants.
5 Administration; Agricultural Restricted Grants. Amend RSA 432:22, I to read as follows:
I. Acquisition of
agricultural land development rights shall be conducted in cooperation with a
landowner upon review pursuant to this section.
Any proposal for designating a site as an agricultural preservation restriction
area or
a site for an agricultural restricted grant shall be submitted by the
landowner to the committee for approval.
Notwithstanding RSA 432:23, approval of a site for an agricultural
restricted grant shall not be the only cause for a current use valuation as
described in RSA 79-A.
6 Administration; Agricultural Restricted Grant. Amend RSA 432:22, V to read as follows:
V. The committee shall view each parcel subject to agricultural preservation restriction or an agricultural restricted grant not less than once every 2 years to assure that its use complies with law and the rules of the committee. The committee may delegate responsibility for monitoring of the agricultural preservation restriction or the agricultural restricted grant to the department of agriculture, markets, and food, to the conservation commission in the municipality, or to the conservation district, in which the parcel is situated. Such commission or district shall submit a report of its inspection to the committee in a timely manner.
7 Release; Agricultural Restricted Grants. Amend RSA 432:24, I-II to read as follows:
I. Agricultural preservation restrictions shall be in perpetuity except as released pursuant to this section and RSA 432:25. Agricultural restricted grants shall run in accordance with the agreement between a landowner and the department of agriculture, markets, and food except as released pursuant to this section and RSA 432:25. All customary rights and privileges of ownership shall be retained by the owner including the right to privacy and the right to carry out all regular agricultural practices which are not prohibited by RSA 432:18, II.
II. Agricultural preservation restrictions and agricultural restricted grants may be released by the committee if the site is no longer suitable for agricultural purposes. An owner of an agricultural preservation site may request the committee’s approval to release the restriction for the public good. Prior to the release of the agricultural land development rights by the committee, a public hearing shall be conducted in the municipality in which the site is located. A notice of said hearing shall specify the grounds for the hearing as well as the date, time, and place, and at least 14 days’ notice of the time and place of such hearing shall be published in a paper of general circulation in the municipality. A legal notice of the hearing shall also be posted in at least 3 public places in such city or town. The 14 days shall not include the day of publication nor the day of the meeting, but shall include any Saturdays, Sundays, and legal holidays within said period. At least 2 committee members shall sit on the hearing panel.
8 Easement Restriction. For all agricultural easements acquired under RSA 432 after July 1, 2009, the construction or placement of any building is prohibited except those used solely for agricultural purposes.
9 Effective Date. This act shall take effect July 1, 2009.
2009-1191s
AMENDED ANALYSIS
This bill creates agricultural restricted grants.
This bill also restricts construction and building on agricultural easements.
Energy, Environment and Economic Development
April 2, 2009
2009-1209s
06/04
Amendment to SB 134-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Definitions; Natural Ground Cover. Amend RSA 483-B:4, X-b to read as follows:
X-b. “Natural ground cover” means any herbaceous plant or any woody seedling or shrub generally less than 3 feet in height. Natural ground cover shall also include naturally occurring leaf or needle litter, stumps, decaying woody debris, stones, and boulders. Natural ground cover shall not include lawns, landscaped areas, gardens, invasive species as listed by the department of agriculture, markets, and food in accordance with RSA 430:53, III, exotic species as designated by rule of the department of environmental services in accordance with RSA 487:24, VII, imported organic or stone mulches, or other artificial materials.
2 Definitions; Primary Building Line. Amend RSA 483-B:4, XIII to read as follows:
XIII. “Primary building line” means a setback for primary structures of at least 50 feet from the reference line.
3 Definitions; Public Waters. RSA 483-B:4, XVI(a) is repealed and reenacted to read as follows:
(a) All lakes, ponds, and artificial impoundments greater than 10 acres in size.
4 Definitions; Reference Line. RSA 483-B:4, XVII is repealed and reenacted to read as follows:
XVII. “Reference line” means:
(a) For all lakes, ponds, and artificial impoundments greater than 10 acres in size, the surface elevation as listed in the consolidated list of water bodies subject to the comprehensive shoreland protection act as maintained by the department.
(b) For coastal waters, the highest observable tide line, which means a line defining the furthest landward limit of tidal flow, not including storm events, which can be recognized by indicators such as the presence of a strand line of flotsam and debris, the landward margin of salt tolerant vegetation, or a physical barrier that blocks further flow of the tide.
(c) For rivers, the ordinary high water mark
5 Definitions; Removal or Removed. Amend RSA 483-B:4, XVIII to read as follows:
XVIII. “Removal or
removed” means [cut, sawed, pruned,] girdled, felled, [pushed over,
buried, burned,] killed, or cut, sawed, pruned, pushed over, buried,
burned, or any other activity conducted to the extent that it otherwise
destructively alters or altered the vegetation.
6 Definitions; Repair. Amend RSA 483-B:4, XVIII-b to read as follows:
XVIII-b. “Repair”
means work conducted to restore an existing, legal structure by partial
replacement of worn, broken, or unsound parts or to fix a specific defect,
during which all of the exterior dimensions are intact and remain so [during]
at
the conclusion of construction.
7 Definitions; Structure. Amend RSA 483-B:4, XXII to read as follows:
XXII. “Structure”
means anything [built] constructed or erected for the
support, shelter or enclosure of persons, animals, goods, or property of any
kind, [as well as anything constructed or erected] with a fixed location
on or in the ground, exclusive of fences.
8 Definitions;
XXIV-b. “Unaltered state” means native vegetation allowed to grow without cutting, limbing, trimming, pruning, mowing, or other similar activities except as needed to maintain plant health.
XXV. “Urbanization”
means the concentrated development found in the sections of towns or cities
where there has been an historic pattern of intensive building for residential,
commercial [or], industrial [use, or mixed
residential, commercial, and industrial use], or mixed uses such that it
contributes to or constitutes the municipality’s downtown, community center, or
central business district and wherein all vegetative buffers have been depleted,
impervious surfaces are in excess of 50 percent, and residential uses are of at
least 10 dwelling units per acre.
9 Permit Required; Exemption. RSA 483-B:5-b, I(b)(1)-(3) is repealed and reenacted to read as follows:
(1) For projects that qualify for permit by notification under RSA 483-B:17, X, $100 for restoration of water quality improvement projects and $250 for all other permit by notification projects.
(2) For projects of 0-9,999 square feet, $750.
(3) For projects of 10,000-24,999 square feet, $1,875.
(4) For projects of 25,000 square feet or more, $3,750.
10 Permit Required; Exemption. Amend RSA 483-B:5-b, III to read as follows:
III. Construction of public roads, public utility lines and associated structures and facilities, and public water access facilities shall be exempt from the permitting fees of paragraph I and the abutter notification requirements of paragraph IV-a.
11 Permit Required; Exemption. Amend RSA 483-B:5-b, IV-a and V to read as follows:
IV-a. At the time of the permit application, the applicant shall provide postal receipts or copies, verifying that the governing body of the municipality or municipalities in which the property is located and the local river management advisory committee, if the project is within a designated river corridor defined in RSA 483:4, XVIII and contains river and river segments designated in RSA 483:15, and all abutters have been notified of the application by certified mail. Applicants for the construction of public roads, public utility lines and associated structures and facilities, and public water access facilities shall only be required to provide postal receipts or copies, verifying that the governing body of the municipality or municipalities in which the property is located, and the local river management advisory committee if the project is within a designated river corridor defined in RSA 483:4, XVIII and contains river and river segments designated in RSA 483:15, have been notified of the application by certified mail.
V.(a) Within 30 days of receipt of an application for a permit or 75 days of receipt of an application for a permit that will require a variance of the minimum standard of RSA 483-B:9, V or a waiver of the minimum standards of RSA 483-B:9, the department shall request any additional information required to complete its evaluation of the application, and provide the applicant with any written technical comments the department deems necessary. Any request for additional information shall specify that the applicant submit such information as soon as practicable and notify the applicant that if all of the requested information is not received within 60 days of the request, the department shall deny the application.
(b) When the department requests additional information pursuant to subparagraph (a), the department shall, within 30 days of the department’s receipt of the information:
(1) Approve the application and issue a permit;
(2) Deny the application, with written findings in support of the decision, in whole or in part; or
(3) Extend the time for response for good cause and with the written agreement of the applicant.
(c) Where no request for additional information is made, the department shall, within 30 days of receipt of the application for a permit or 75 days of receipt of an application for a permit that will require a variance of the minimum standard of RSA 483-B:9, V or a waiver of the minimum standards of RSA 483-B:9, approve or deny the application, with written findings in support of the decision in whole or in part.
(d) If the department fails to render a decision in the time frame provided in this paragraph, the application shall be deemed to be approved and a permit shall be issued.
(e) All applications filed in accordance with the rules adopted by the department under RSA 483-B:17 and which meet the minimum standards established in RSA 483-B:9 shall be approved and a permit shall be issued.
12 Minimum Shoreland Protection Standards. Amend RSA 483-B:9, II(d) to read as follows:
(d) No
fertilizer, except limestone, shall be [used] applied to vegetation or soils
located within 25 feet of the reference line of any [property. Twenty-five feet beyond the reference line,]
public
water. Low phosphate, slow
release nitrogen fertilizer or limestone, may be used on [lawns or areas
with grass] areas beyond 25 feet from the reference line.
13 Minimum Shoreland Protection Standards. Amend RSA 483-B:9, V(a)(2)(A) to read as follows:
(A) No chemicals [shall be applied],
including pesticides or herbicides of any kind shall be applied to ground, turf,
or established vegetation except as allowed under special permit issued
by the division of pesticide control under rules adopted by the pesticide
control board under RSA 541-A, or fertilizers of any kind except those
specified in RSA 483-B:9, II(d).
14 Minimum Shoreland Protection Standards. Amend RSA 483-B:9, V(a)(2)(C) to read as follows:
(C) No natural ground cover shall be removed
except as necessary for a foot path to water as provided under RSA 483-B:9,
V(a)(2)(D)(viii), cutting those portions that have grown over 3 feet in height
for the purpose of providing a view, or as specifically approved by the
department, pursuant to RSA 482-A or [483-B:11, II] RSA 483-B.
15 Minimum Shoreland Protection Standards. Amend RSA 483-B:9, V(a)(2)(D)(iv)-(viii) to read as follows:
(iv) The department may approve applications pursuant to RSA 482-A or RSA 483-B that include the planting of native trees and saplings as necessary to at least maintain either the existing combined tree and sapling score or the minimum score required. The department shall not approve any application that would result in a combined tree and sapling score less than the minimum score required where the segment initially meets the minimum score or would result in any reduction of the combined tree and sapling score where the segment does not initially meet the minimum score.
(v) Owners of lots that were legally developed
prior to July 1, 2008 may maintain but not enlarge cleared areas, including but
not limited to existing lawns [and], beaches, and rights-of-way for public
utilities, public transportation, and public access, within the
waterfront buffer. Conversion to or
planting of cleared areas with native species of ground cover, shrubs,
saplings, and trees is encouraged but shall not be required unless it is
necessary to meet the requirements of subparagraphs (g)(2) or (g)(3), or RSA
483-B:11, II.
(vi) Normal trimming, pruning, and thinning of
branches to the extent necessary to promote the health of vegetation, protect
structures, maintain clearances, and provide views is permitted. [Trimming, pruning, and thinning of
branches] Limbing of trees or saplings for the purpose of providing views
shall be limited to the bottom 1/2 of the trees or saplings.
(vii) When necessary for the completion of construction activities permitted in accordance with RSA 483-B:6, a temporary 12 foot wide access path shall be allowed. On those properties accessible only by water, this access path may be maintained provided it is stabilized with a surface that will infiltrate stormwater. On other properties the access path shall be completely restored and replanted with native vegetation upon completion of construction except as allowed under subparagraph (viii).
(viii) A permanent 6-foot wide foot path to provide access to any beaches, structures, existing open areas, and the water body, configured in a manner that will not concentrate storm water runoff or contribute to erosion, is allowed.
16 Minimum Shoreland Protection Standards. Amend RSA 483-B:9, V(b)(2)(A)-(E) to read as follows:
(A)(i) For lots with one-half acre or less of land within the natural woodland buffer, the vegetation within at least 25 percent of the area outside the waterfront buffer shall be maintained in an unaltered state. Owners of lots legally developed or landscaped prior to July 1, 2008 that do not comply with this standard are encouraged to, but shall not be required to, increase the percentage of area maintained in an unaltered state. The percentage of area maintained in an unaltered state on nonconforming lots shall not be decreased.
(ii) For lots with greater than one-half acre of land within the natural woodland buffer, the vegetation within at least 50 percent of the area outside the waterfront buffer, exclusive of impervious surfaces, shall be maintained in an unaltered state. Owners of lots legally developed or landscaped prior to July 1, 2008 that do not comply with this standard are encouraged to, but shall not be required to, increase the percentage of area maintained in an unaltered state. The percentage of area maintained in an unaltered state on nonconforming lots shall not be decreased.
(B) Any person applying to the department for a septic system construction approval or alteration of terrain permit pursuant to RSA 485-A, or an excavating and dredging permit pursuant to RSA 482-A, within the protected shoreland shall include photographic documentation of any areas of the natural woodland buffer in which impacts would occur.
(C)
Dead, diseased, or unsafe, trees, limbs, saplings, or shrubs that pose [an
imminent] a hazard to structures or have the potential to cause personal
injury may be removed regardless of any requirements that pertain to the
natural woodland buffer under this chapter.
Such exemptions shall not be used to contravene the intent of the law.
(D) Maintenance and preservation of dead and living trees that provide dens and nesting places for wildlife is encouraged.
(E)
[Native species] Planting efforts that do not introduce exotic or
invasive species and are beneficial to wildlife are encouraged.
17 Minimum Shoreland Protection Standards. Amend RSA 483-B:9, V(d)(1) to read as follows:
(1) All
new structures, modifications to existing structures, and excavation or earth
moving within protected shoreland shall be designed and constructed in [accordance
with] a manner that incorporates appropriate protective practices which are
substantially equivalent to those required under rules adopted by the
department under RSA 541-A for terrain alteration under RSA 485-A:17, to manage
stormwater and control erosion and sediment, during and after construction.
18 Minimum Shoreland Protection Standards. Amend RSA 483-B:9, V(g)(2) to read as follows:
(2) If
the impervious surface area will exceed 20 percent, a stormwater management
system shall be implemented and maintained which is designed to infiltrate
increased stormwater from development occurring after the effective date of
this paragraph in accordance with rules established by the department under RSA
485-A:17. [In addition, if the
natural tree and sapling cover in the waterfront buffer does not meet the
50-point minimum score of RSA 483-B:9, V(a)(2)(D) in any segment, then such
segment shall be planted, as determined by rule of the department, with native
trees, saplings, or natural ground cover in sufficient quantity, type, and
location either to meet the minimum score or to provide at least an equivalent
level of protection as provided by the minimum score and shall be maintained in
accordance with RSA 483-B:9, V(a).]
19 Minimum Shoreland Protection Standards. RSA 483-B:9, V(g)(3) is repealed and reenacted to read as follows:
(3) If the impervious surface area will exceed 20 percent, if the natural tree and sapling cover in the waterfront buffer does not meet the 50-point minimum score of RSA 483-B:9, V(a)(2)(D) in any segment, then such segment shall be planted, as determined by rule of the department, with native trees, saplings, or natural ground cover in sufficient quantity, type, and location either to meet the minimum score or to provide at least an equivalent level of protection as provided by the minimum score and shall be maintained in accordance with RSA 483-B:9, V(a).
20 Minimum Shoreland Protection Standards. Amend RSA 483-B:10, II to read as follows:
II. Building on
nonconforming lots of record shall be limited to single family residential
structures and related facilities, including, but not limited to, appurtenant
accessory structures such as walkways and driveways, and water dependent
structures such as docks, piers, [boathouses, boat loading ramps,
walkways,] and [other water dependent structures,] breakwaters
consistent with state law.
21 Minimum Shoreland Protection Standards. Amend RSA 483-B:12, I to read as follows:
I. The governing body of a municipality may, in its discretion, request the commissioner to exempt all or a portion of the protected shoreland within its boundaries from the provisions of this chapter if the governing body finds that special local urbanization conditions as defined in RSA 483-B:4, XXV, exist in the protected shoreland for which the exemption is sought.
II. If the governing body of a municipality requests such an exemption, it shall submit evidence of existing and historical patterns of building and development in the protected shoreland in demonstration of the special local urbanization conditions. Such evidence shall address:
(a) Current and past building density.
(b)
Commercial [or],
industrial [uses], or residential uses.
(c) Municipal or other public utilities.
(d) Current municipal land use regulations which affect the protected shoreland.
(e) Designation
as a downtown, community center, central business district, or urbanized area
or urban cluster as delineated by the
(f) Any other information which the commissioner may reasonably require.
22 Minimum Shoreland Protection Standards. Amend RSA 483-B:17, IV to read as follows:
IV. Procedures and
criteria for the size, placement, and construction of small accessory structures such as storage
sheds and gazebos, [the size, placement, and construction of] which is
consistent with the intent of this chapter, between the reference line and the
primary building line.
23 Repeal. The following are repealed:
I. RSA 483-B:4, III, relative to the definition of basal area.
II. RSA 483-B:9, V(e)(2), relative to minimum lots and residential development.
III. RSA 483-B:17, VIII, relative to rulemaking authority to define building envelopes.
24 Effective Date. This act shall take effect 60 days after its passage.
Senate Judiciary
April 1, 2009
2009-1161s
04/01
Amendment to SB 142
Amend the bill by inserting after section 6 the following and renumbering the original sections 7-8 to read as 8-9, respectively:
7 New Paragraph; Registration of Criminal Offenders; Hearing. Amend RSA 651-B:10 by inserting after paragraph II the following new paragraph:
III. Any individual required to be registered as a result of any violation or attempted violation of RSA 632-A:3, II in effect prior to January 1, 2009, 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, 2009, provided that the age difference between the individual required to register and the victim was less than 4 years at the time of the offense and the person has no other 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 registration requirement. No application shall be granted without a hearing, during which the prosecuting attorney and the victim or victim's family shall have an opportunity to be heard. Notice of the hearing shall be provided no less than 30 days prior to the hearing. The victim may appear personally or through a representative, and may reasonably express his or her views concerning the offense, the offender, and the need for continuing the registration requirement. If the court denies the application, the offender shall not file another application for 5 years from the date of the denial.
Amend the bill by replacing section 8 with the following:
8 Repeal. The following are repealed:
II. 2008, 323:10, relative to duration of registration for certain criminal offenders.
III. RSA 651-B:7, VI, relative to review of the public registration requirement for criminal offenders.
Senate Judiciary
April 1, 2009
2009-1163s
04/10
Amendment to SB 151
Amend the bill by replacing section 1 with the following:
1 Joint Authority. Amend RSA 21:15 to read as follows:
21:15 Joint Authority. Unless otherwise expressly declared:
I. Words purporting to give a joint
authority to 3 or more public officers shall give such authority to a majority
of them[, unless otherwise expressly declared].
II.
The authority of any board, commission, or other body whose members are
approved exclusively by the governor and council to conduct official business
shall be vested in a majority of those members who have been approved by the
governor and council.
2009-1163s
AMENDED ANALYSIS
This bill provides that, unless otherwise specified, a quorum would be calculated based on a majority of the number of filled positions, rather than the total number of positions created by statute.
This bill is a request of the department of justice.
Commerce, Labor and Consumer Protection
April 2, 2009
2009-1208s
10/04
Amendment to SB 153
Amend the bill by replacing sections 4-13 with the following:
4 New Subparagraphs; Prohibited Conduct. Amend RSA 357-C:3, III by inserting after subparagraph (o) the following new subparagraphs:
(p) Require a motor vehicle franchisee to agree to a term or condition in a franchise, or in any lease related to the operation of the franchise or agreement ancillary or collateral to a franchise, as a condition to the offer, grant, or renewal of the franchise, lease, or agreement, which:
(1) Requires the motor vehicle franchisee to waive trial by jury in actions involving the motor vehicle franchisor;
(2) Specifies the jurisdictions, venues, or tribunals in which disputes arising with respect to the franchise, lease, or agreement shall or shall not be submitted for resolution or otherwise prohibits a motor vehicle franchisee from bringing an action in a particular forum otherwise available under the law of this state;
(3) Requires that disputes between the motor vehicle franchisor and motor vehicle franchisee be submitted to arbitration or to any other binding alternate dispute resolution procedure; provided, however, that any franchise, lease, or agreement may authorize the submission of a dispute to arbitration or to binding alternate dispute resolution if the motor vehicle franchisor and motor vehicle franchisee voluntarily agree to submit the dispute to arbitration or binding alternate dispute resolution at the time the dispute arises;
(4) Provides that in any administrative or judicial proceeding arising from any dispute with respect to the aforesaid agreements that the franchisor shall be entitled to recover its costs, reasonable attorney’s fees and other expenses of litigation from the franchisee; or
(5) Grants the manufacturer an option to purchase the franchise, or real estate, or business assets of the franchisee.
(q) Fail or refuse to sell or offer to sell to all motor vehicle franchisees of a line make, all models manufactured for that line make, or requiring a dealer to pay any extra fee, execute a separate franchise agreement, purchase unreasonable advertising displays or other materials, or relocate, expand, improve, remodel, renovate, recondition, or alter the dealer’s existing facilities, or provide exclusive facilities as a prerequisite to receiving a model or series of vehicles. However, a manufacturer may require reasonable improvements to the existing facility that are necessary to service special or unique features of a specific model or line. The failure to deliver any such motor vehicle shall not be considered a violation of this subparagraph if the failure is due to a lack of manufacturing capacity, a strike or labor difficulty, a shortage of materials, a freight embargo, or other cause over which the franchisor has no control.
(r) Provide any term or condition in any lease or other agreement ancillary or collateral to a franchise which term or condition directly or indirectly violates this title.
(s) In the event of a proposed sale or transfer of a new motor vehicle dealership involving the transfer or sale of all or substantially all of the ownership interest in, or all or substantially all of the assets of the dealership, where the franchise agreement for the dealership contains a right of first refusal in favor of the manufacturer or distributor, then notwithstanding the terms of the franchise agreement, the manufacturer or distributor shall be permitted to exercise a right of first refusal to acquire the dealership’s assets only if all of the following requirements are met:
(1) The manufacturer or distributor notifies the dealer in writing of its intent to exercise its right of first refusal within 45 days of receiving notice from the franchisee of the proposed sale or transfer.
(2) The exercise of the right of first refusal will result in the dealer and dealer’s owners receiving the same or greater consideration as they have contracted to receive in connection with the proposed change of all or substantially all ownership or transfer of all or substantially all dealership assets. In that regard, the following shall apply:
(A) The manufacturer or distributor shall have the right to and shall assume the dealer’s lease for, or acquire the real property on which the franchise is conducted, on the same terms as those on which the real property or lease was to be sold or transferred to the proposed new owner in connection with the sale of the franchise, unless otherwise agreed to by the dealer and manufacturer or distributor. The manufacturer or distributor shall have the right to assign the lease or to convey the real property.
(B) The manufacturer or distributor shall assume all of the duties, obligations, and liabilities contained in the agreements that were to be assumed by the proposed new owner and with respect to which the manufacturer or distributor exercised the right of first refusal, including the duty to honor all time deadlines in the underlying agreements, provided that the manufacturer or distributor has knowledge of such obligations at the time of the exercise of the right of first refusal. Failure by an assignee of the manufacturer or distributor to discharge such obligations shall be deemed a failure by the manufacturer or distributor under this subparagraph.
(3) The proposed change of all or substantially all ownership or transfer of all or substantially all dealership assets does not involve the transfer of assets or the transfer or issuance of stock by the dealer or one or more dealer owners to any of the following:
(A) A designated family member or members including any of the following members of one or more dealer owners:
(i) The spouse.
(ii) A child.
(iii) A grandchild.
(iv) The spouse of a child or a grandchild.
(v) A sibling.
(vi) A parent.
(B) A manager:
(i) Employed by the dealer in the dealership during the previous 2 years; and
(ii) Who is otherwise qualified as a dealer operator.
(C) A partnership or corporation controlled by any of the family members described in subparagraph (A).
(D) A trust arrangement established or to be established:
(i) For the purpose of allowing the new vehicle dealer to continue to qualify as such under the manufacturer’s or distributor’s standards; or
(ii) To provide for the succession of the franchise agreement to designated family members or qualified management in the event of the death or incapacity of the dealer or its principal owner or owners.
(4) The manufacturer or distributor agrees in writing to pay all reasonable expenses, including reasonable attorney fees which do not exceed the usual, customary, and reasonable fees charged for similar work done for other clients, incurred by the proposed new owner and transferee prior to the manufacturer’s or distributor’s exercise of its right of first refusal in negotiating and implementing the contract for the proposed change of all or substantially all ownership or transfer of all or substantially all dealership assets. Notwithstanding the foregoing, no payment of such expenses and attorney fees shall be required if the dealer has not submitted or caused to be submitted an accounting of those expenses within 30 days of the dealer’s receipt of the manufacturer’s or distributor’s written request for such an accounting. Such an accounting may be requested by a manufacturer or distributor before exercising its right of first refusal.
(5) The manufacturer or distributor shall pay any fees and expenses of the motor vehicle dealer arising on and after the date the manufacturer or distributor gives notice of the exercise of its right of first refusal, and incurred by the motor vehicle dealer as a result of alterations to documents, or additional appraisals, valuations, or financial analyses caused or required of the dealer by the manufacturer or distributor to consummate the contract for the sale of the dealership to the manufacturer’s or distributor’s proposed transferee, that would not have been incurred but for the manufacturer’s or distributor’s exercise of its right of first refusal. These expenses and fees shall be paid by the manufacturer or distributor to the dealer and to the dealer’s proposed purchaser or transferee on or before the closing date of the sale of the dealership to the manufacturer or distributor if the party entitled to reimbursement has submitted or caused to be submitted to the manufacturer or distributor, an accounting of these expenses and fees within 30 days after receipt of the manufacturer’s or distributor’s written request for the accounting.
(t) Require, coerce, or attempt to coerce any new motor vehicle dealer to purchase or order any new motor vehicle as a precondition to purchasing, ordering, or receiving any other new motor vehicle or vehicles. Nothing in this subparagraph shall prevent a manufacturer from requiring that a new motor vehicle dealer fairly represent and inventory the full line of new motor vehicles that are covered by the franchise agreement.
5 Warranty Obligations. Amend RSA 357-C:5, II(b) to read as follows:
(b)(1) In no event shall a schedule of compensation for parts, work, and service in connection with warranty services fail to include reasonable compensation for diagnostic work, as well as repair service and labor. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In no event shall any manufacturer, component manufacturer, or distributor pay its dealers an amount of money for warranty work that is less than that charged by the dealer to the retail customers of the dealer for non-warranty work of like kind. No claim which has been approved and paid by the manufacturer or distributor may be charged back to the dealer unless it can be shown that the claim was false or fraudulent, that the repairs were not properly made or were unnecessary to correct the defective condition, or that the dealer failed to reasonably substantiate that the claim was in accordance with the written requirements of the manufacturer or distributor in effect at the time the claim arose.
(2) In no event shall a manufacturer or component
manufacturer fail to pay a dealer reasonable compensation for parts or
components, including assemblies, used in warranty or recall repairs.
(3) The wholesale price on which a dealer’s
reimbursement is based for any parts used in a recall, service campaign, or
other similar program, shall not be less than the highest wholesale price
listed in the manufacturer’s or distributor’s wholesale price catalogue within
6 months prior to the start of the recall, service campaign, or other similar
program. If the manufacturer or
distributor does not have a wholesale price catalogue, or if the part is not
listed in a wholesale price catalogue, the wholesale price on which a dealer’s
reimbursement is based in a recall, service campaign, or other similar program
shall be the average price charged to dealers of similar line makes in the
state for the part during one year prior to the start of the recall, service
campaign, or other similar program.
6 Indemnification. Amend RSA 357-C:5, II(d)(3) to read as follows:
(3) A
manufacturer, distributor, branch, or division shall retain the right to audit
all incentive and reimbursement programs for a period of [2 years] one
year after the date on which the claim is paid or one year from the end of a
program that does not exceed one year, whichever is later, and charge
back any amounts paid on claims that are false or unsubstantiated.
7 New Subparagraphs; Indemnification. Amend RSA 357-C:5, II(d) by inserting after subparagraph (6) the following new subparagraphs:
(7) If the franchise agreement between a manufacturer, distributor, branch, or division is terminated for any reason, any audit pursuant to this section shall be completed no later than 30 days after the effective date of the termination.
(8) Notwithstanding the terms of any franchise or agreement, a manufacturer, distributor, branch, or division shall not take or threaten to take any adverse action against a motor vehicle dealer, including charge backs, reducing vehicle allocations, or terminating or threatening to terminate a franchise or agreement because the dealer sold or leased a motor vehicle to a customer who exported the vehicle to a foreign country, unless the motor vehicle dealer knew or reasonably should have known that the customer intended to export the vehicle. There shall be a presumption that the motor vehicle dealer did not know or could not have reasonably known if the vehicle is titled or registered in any state in this country.
8 New Section; Prohibited Contractual Requirements Imposed by Manufacturer, Distributor, or Captive Finance Source. Amend RSA 357-C by inserting after section 6 the following new section:
357-C:6-a Prohibited Contractual Requirements Imposed by Manufacturer, Distributor, or Captive Finance Source.
I. In this section, “captive finance source” means any financial source that provides automotive-related loans or purchases retail installment contracts or lease contracts for motor vehicles in New Hampshire and is, directly or indirectly, owned, operated, or controlled by such manufacturer, factory branch, distributor, or distributor branch.
II. It shall be unlawful for any manufacturer, factory branch, captive finance source, distributor, or distributor branch, or any field representative, officer, agent, or any representative of them, notwithstanding the terms, provisions, or conditions of any agreement or franchise, to require any of its franchised dealers located in this state to agree to any terms, conditions, or requirements in subparagraphs (a)-(h) in order for any such dealer to sell to any captive finance source any retail installment contract, loan, or lease of any motor vehicles purchased or leased by any of the dealer’s customers, or to be able to participate in, or otherwise, directly or indirectly, obtain the benefits of any consumer transaction incentive program payable to the consumer or the dealer and offered by or through any captive finance source:
(a) Require a dealer to grant such captive finance source a power of attorney to do anything on behalf of the dealer other than sign the dealer’s name on any check, draft, or other instrument received in payment or proceeds under any contract for the sale or lease of a motor vehicle that is made payable to the dealer but which is properly payable to the captive finance source, is for the purpose of correcting an error in a customer’s finance application or title processing document, or is for the purpose of processing regular titling of the vehicle.
(b) Require a dealer to warrant or guarantee the accuracy and completeness of any information, including but not limited to, personal, financial, purchasing, identity, or credit information, provided by the customer on the credit application, and/or in the course of applying for credit other than to require that the dealer make reasonable inquiry regarding the accuracy and completeness of such information and represent that such information is true and correct to the best of-the dealer’s knowledge.
(c) Require a dealer to repurchase, pay off, or guaranty any contract for the sale or lease of a motor vehicle or to require a dealer to indemnify, defend, or hold harmless the captive finance source for settlements, judgments, damages, litigation expenses, or other costs or expenses incurred by such captive finance source unless the obligation to repurchase, pay off, guaranty, indemnify, or hold harmless resulted directly from (i) the subject dealer’s material breach of the terms of a written agreement with the captive finance source or the terms for the purchase of an individual contract for sale or lease that the captive finance source communicates to the dealer before each such purchase, except to the extent the breached terms are otherwise prohibited under subparagraphs (a)-(h), or (ii) the subject dealer’s violation of applicable law.
(d) Notwithstanding the terms of any contract or agreement, treat a dealer’s breach of an agreement between the dealer and a captive finance source with respect to the captive finance source’s purchase of individual contracts for the sale or lease of a motor vehicle as a breach of such agreement with respect to purchase of other such contracts, nor shall such a breach in and of itself, constitute a breach of any other agreement between the dealer and the captive finance source, or between the dealer and any affiliate of such captive finance source.
(e) Require a dealer to waive any defenses that may be available to it under its agreements with the captive finance source or under any applicable laws.
(f) Require a dealer to settle or contribute any of its own funds or financial resources toward the settlement of any multiparty or class action litigation without obtaining the dealer’s voluntary and written consent subsequent to the filing of such litigation.
(g) Require a dealer to contribute to any reserve or contingency account established or maintained by the captive finance source, for the financing of the sale or lease of any motor vehicles purchased or leased by any of the dealer’s customers, in any amount or on any basis other than the reasonable expected amount of future finance reserve chargebacks to the dealer’s account. This section shall not apply to or limit:
(1) Reasonable amounts reserved and maintained related to the sale or financing of any products ancillary to the sale, lease, or financing of the motor vehicle itself;
(2) A delay or reduction in the payment of dealer’s portion of the finance income pursuant to an agreement between the dealer and a captive finance source under which the dealer agrees to such delay or reduction in exchange for the limitation, reduction, or elimination of the dealer’s responsibility for finance reserve chargebacks; or
(3) A chargeback to a dealer, or offset of any amounts otherwise payable to a dealer by the captive finance source, for any indebtedness properly owing from a dealer to the captive finance source as part of a specific program covered by this section, the terms of which have been agreed to by the dealer in advance, except to the extent such chargeback would otherwise be prohibited by this section.
(h) Require a dealer to repossess or otherwise gain possession of a motor vehicle at the request of or on behalf of the captive finance source. This section shall not apply to any requirements contained in any agreement between the dealer and the captive finance source wherein the dealer agrees to receive and process vehicles that are voluntarily returned by the customer or returned to the lessor at the end of the lease term.
III. Any clause or provision in any franchise or agreement between a dealer and a manufacturer, factory branch, distributor, or distributor branch, or between a dealer and any captive finance source, that is in violation of or that is inconsistent with any of the provisions of this section shall be deemed null and void and without force and effect to the extent it violates this section.
IV. The provisions of this section shall be applicable to all contracts and agreements existing between dealers and captive finance sources on the effective date of this section and to all such future contracts and agreements.
V. Any captive finance source who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising the availability of financing for the sale or lease of motor vehicles within this state, or who has business dealings within this state, shall be subject to the provisions of this section and shall he subject to the jurisdiction of the courts of this state.
VI. The applicability of this section shall not be affected by a choice of law clause in any agreement, waiver, novation, or any other written instrument.
VII. It shall be unlawful for a captive finance source to use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association, or person to accomplish what would otherwise be illegal conduct under this section on the part of the captive finance source.
9 Limitations on Cancellations, Terminations, and Nonrenewals. Amend RSA 357-C:7, I(d)(1) to read as follows:
(1)
The New Hampshire motor vehicle industry board finds after a hearing and
after ruling on any motion to reconsider that is timely filed in accordance
with RSA 357-C:12, VII, that there is good cause for cancellation, termination,
failure to renew, or refusal to continue any franchise relationship. The new motor vehicle dealer may file a
protest with the board within 45 days after receiving the 90-day notice. A copy of the protest shall be served by the
new motor vehicle dealer on the manufacturer, distributor, or branch or
division thereof. [When a protest is
filed, the manufacturer, distributor, or branch or division thereof may not
cancel, terminate, fail to renew, or refuse to continue dealing with the new
motor vehicle dealer in the ordinary course of business until the board makes
its findings; nor, thereafter if the board determines that there is no good
cause for the cancellation, termination, failure to renew, or refusal to
continue dealing] When a protest is filed under this section,
the franchise agreement shall remain in full force and effect and the
franchisee shall retain all rights and remedies pursuant to the terms and
conditions of such franchise agreement, including, but not limited to, the
right to sell or transfer such franchisee’s ownership interest prior to a final
determination by the board and any appeal; or[.]
10 New Subparagraph; Limitations on Cancellations. Amend RSA 357-C:7, II by inserting after subparagraph (b) the following new subparagraph:
(c) For the purposes of this paragraph, good cause for terminating, canceling, or failing to renew a franchise shall be limited to failure by the franchisee to substantially comply with those requirements imposed upon the franchisee by the franchise, as set forth in subparagraphs II(a) and (b).
11 New Subparagraph; Limitations on Cancellations. Amend RSA 357-C:7, III by inserting after subparagraph (d) the following new subparagraph:
(e) The fact that the new motor vehicle dealer’s dealership does not substantially meet the reasonable capitalization requirements of the manufacturer, distributor, branch, or division.
12 New Subparagraph; Limitations on Cancellations. Amend RSA 357-C:7, V by inserting after subparagraph (b) the following new subparagraph:
(c) Not less than 180 days prior to the effective date of such termination, cancellation, or nonrenewal which occurs as a result of:
(1) Any change in ownership, operation, or control of all or any part of the business of the manufacturer, whether by sale or transfer of assets, corporate stock or other equity interest, assignment, merger, consolidation, combination, joint venture, redemption, operation of law or otherwise;
(2) The termination, suspension, or cessation of a part or all of the business operations of the manufacturer; or
(3) Discontinuance of the sale of the product line make or a change in distribution system by the manufacturer whether through a change in distributors or the manufacturer’s decision to cease conducting business through a distributor altogether.
13 Limitations on Cancellations. RSA 357-C:7, VI-VII are repealed and reenacted to read as follows:
VI. Within 90 days of the termination, cancellation, or nonrenewal of a motor vehicle franchise as provided for in this section, or the termination, cancellation, or nonrenewal of a motor vehicle franchise by the motor vehicle franchisee, the motor vehicle franchisor shall pay to the motor vehicle dealer:
(a) The dealer cost plus any charges by the manufacturer, distributor, or branch or division thereof for distribution, delivery, and taxes paid by the dealer, less all allowances paid to the dealer by the manufacturer, distributor, or representative, for new, unsold, undamaged and complete motor vehicles in the dealer’s inventory that have original invoices bearing original dates within 24 months prior to the effective date of termination with less than 750 miles on the odometer, and insurance costs, and floor plan costs from the effective date of the termination to the date that the vehicles are removed from dealership or the date the floor plan finance company is paid, whichever occurs last. Vehicles with a gross vehicle weight rating over 12,000 shall be exempt from the 750 mile limitation. Motorcycles shall be subject to a 350 mile limitation. All vehicles shall have been acquired from the manufacturer or another same line-make vehicle dealer in the ordinary course of business.
(b) The dealer cost of each new, unused, undamaged, and unsold part or accessory if such part or accessory is in the current parts catalog was purchased from the manufacturer or distributor or from a subsidiary or affiliated company or authorized vendor, and is still in the original, resalable merchandising package and in unbroken lots, except that in the case of sheet metal, a comparable substitute for the original package may be used.
(c) The fair market value of each undamaged sign owned by the dealer which bears a trademark, trade name, or commercial symbol used or claimed by the manufacturer, distributor, or branch or division thereof if such sign was purchased from or at the request of the manufacturer, distributor, or branch or division thereof.
(d) At the dealer’s option, the fair market value of all special tools and automotive service equipment owned by the dealer which were recommended in writing and designated as special tools and equipment by the manufacturer, distributor, or branch or division thereof and purchased from or at the request of the manufacturer or distributor, if the tools and equipment are in usable and good condition, normal wear and tear excepted.
(e) The cost of transporting, handling, packing, and loading of motor vehicles, parts, signs, tools, and special equipment subject to repurchase by the manufacturer, distributor, or branch or division thereof.
(f) The amount remaining to be paid on any equipment or service contracts required by or leased from the manufacturer or a subsidiary or company affiliated with the manufacturer.
(g) If the dealer leases the dealership facilities, then the manufacturer, distributor, or branch or division thereof shall be liable for 2 year’s payment of the gross rent or the remainder of the term of the lease, whichever is less. If the dealership facilities are not leased, then the manufacturer, distributor, or branch or division thereof shall be liable for the equivalent of 2 years payment of gross rent. This subparagraph shall only apply when the termination, cancellation, or nonrenewed line was pursuant to RSA 357-C:7, V(c)(3) or was with good cause, other than good cause related to a conviction and imprisonment for a felony involving moral turpitude that is substantially related to the qualifications, function, or duties of a franchisee. Gross rent is the monthly rent plus the monthly cost of insurance and taxes. Such reasonable rent shall be paid only to the extent that the dealership premises are recognized in the franchise and only if they are: (i) used solely for performance in accordance with the franchise, and (ii) not substantially in excess of those facilities recommended by the manufacturer or distributor. If the facility is used for the operations of more than one franchise, the gross rent compensation shall be adjusted based on the planning volume and facility requirements of the manufacturers, distributors, or branch or division thereof.
(h) This paragraph shall not apply to a termination, cancellation, or nonrenewal due to a sale of the assets or stock of the motor vehicle dealership.
VII.(a)(1) In addition to the other payments set forth in this section, if a termination, cancellation, or nonrenewal is premised upon any of the occurrences set forth in subparagraph V(c), then the manufacturer shall be liable to the dealer for an amount at least equivalent to the fair market value of the motor vehicle franchise on:
(A) The date immediately preceeding the date the franchisor announces the action which results in termination, cancellation, or nonrenewal; or
(B) The day 12 months prior to the date on which the notice of termination, cancellation, or nonrenewal is issued, whichever amount is higher.
(2) Payment is due within 90 days of the effective date of the termination, cancellation, or nonrenewal.
(b) The manufacturer shall authorize the franchisee, or upon the franchisee’s termination another authorized franchise dealership of the manufacturer in the area, to continue servicing and supplying parts, including service and parts pursuant to a warranty issued by the franchisor, for any goods or services marketed by the franchisee pursuant to the motor vehicle franchise for a period of not less than 5 years from the effective date of the termination, cancellation, or nonrenewal and shall continue to reimburse the franchisee for warranty parts and service in an amount and on terms no less favorable than those in effect prior to the termination, cancellation, or nonrenewal and in accordance with paragraph V.
(c) At the dealers option, the manufacturer may avoid paying fair market value of the motor vehicle franchise to the dealer under this subparagraph if the franchisor, or another motor vehicle franchisor pursuant to an agreement with the franchisor, offers the franchisee a replacement motor vehicle franchise with terms substantially similar to that offered to other same line-make dealers.
VIII. Within 90 days of a termination or nonrenewal, with good cause and in good faith, the manufacturer or distributor of any franchise, or any branch or division thereof, and notwithstanding any terms therein to the contrary, the manufacturer, distributor, or branch or division thereof shall pay to the new motor vehicle dealer the amount remaining to be paid on any leases of computer hardware or software that is used to manage and report data to the manufacturer or distributor for financial reporting requirements and the amount remaining to be paid on any equipment leases or service contracts, including but not limited to computer hardware and software leases.
IX. The payments required by paragraphs VI, VII, and VIII, and any other money owed the franchisee, shall be made within 90 days of the effective date of the termination. The manufacturer shall pay the franchisee an additional 5 percent per month of the amount due for any payment not made within 90 days of the effective date of the termination.
Commerce, Labor and Consumer Protection
April 2, 2009
2009-1204s
06/10
Amendment to SB 188
Amend the title of the bill by replacing it with the following:
Amend the bill by replacing all after the enacting clause with the following:
1 Commission Established. There is established a commission to study the billing practices of health care providers and the impact of those practices on the cost and delivery of health care services.
2 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Two members 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) The commissioner of the department of health and human services, or designee.
(d) The commissioner of the insurance department, or designee.
(e) A representative of the New Hampshire Hospital Association, appointed by the association.
(f) A representative of the New Hampshire Medical Society, appointed by the society.
(g) A
representative of a private for-profit insurance carrier doing business in
(h) A
representative of a private nonprofit insurance carrier doing business in
(i) A representative of the New Hampshire Medical Group Management Association, appointed by the governor.
(j) Two public members, appointed by the governor.
(k) A representative of the New Hampshire Citizen’s Health Initiative, appointed by the governor.
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 the billing practices of health care providers and the impact of those practices on the cost and delivery of health care services, including but not limited to the billing methods and procedures used by hospitals and hospital-owned facilities and practices.
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, 2009.
6 Effective Date. This act shall take effect upon its passage.
2009-1204s
AMENDED ANALYSIS
This bill establishes a commission to study the billing practices of health care providers and the impact of those practices on the cost and delivery of health care services.
Public and Municipal Affairs
April 2, 2009
2009-1192s
06/01
Amendment to SB 195
Amend the bill by replacing section 1 with the following:
1 Cutting Trees. RSA 231:172 is repealed and reenacted to read as follows:
231:172 Cutting Trees.
I. No licensee shall have the right to cut, prune, or remove any shade or ornamental tree, for the purpose of erecting or maintaining poles or structures or installing wires or other attachments or appurtenances thereto, without obtaining the consent of the owner of the land on which such tree grows. The receipt of a license to erect and maintain such equipment pursuant to RSA 231:160 and RSA 281:160-a includes consent to cut, prune, or remove shade or ornamental trees growing on land located within the public right of way that poses a danger to the reliability of equipment installed at or upon licensed utility facilities.
II. A licensee shall provide notice in writing at least 45 days in advance of any non-emergency cutting, pruning, or removal of shade or ornamental trees that is scheduled to take place on a landowner’s property. The notice shall, at the option of the licensee, be given in person, or sent by ordinary mail, or by electronic mail to owners of affected land using the name and address that appears on municipal tax records for the property. The notice shall provide the name and contact information of a representative of the licensee who may be contacted to schedule personal consultation regarding the activities. For the purposes of this section, the owner shall consent to the activities if he or she fails to affirmatively request personal consultation within 45 days of the mailing of such notice.
III. If, following personal consultation, the owner objects to such cutting, the selectmen, upon petition from the affected licensee, after notice to the owner and hearing, shall determine whether the cutting, pruning, or removal is necessary. If the licensee shows, by a preponderance of the evidence, that a shade or ornamental tree poses a danger to the reliability of equipment installed at or upon utility facilities, the selectmen shall grant permission to cut, prune, or remove such tree. If they grant permission, the selectmen shall assess the damages to the owner.
IV. Upon highways which have been designated scenic roads pursuant to RSA 231:157 and RSA 231:158, cutting, pruning, or removal shall be further restricted as set forth in those sections or any local provisions adopted thereunder.
Public and Municipal Affairs
April 2, 2009
2009-1190s
06/05
Amendment to SB 202-FN-LOCAL
Amend the bill by replacing all after the enacting clause with the following:
1 Employee Candidate Background Checks. Amend RSA 41:9-b, I to read as follows:
I. The governing body of a town, or a town manager in a town which has adopted the provisions of RSA 37, may require a background investigation and a criminal history records check on any candidate for employment in a position in the town that requires the employee to work with or around children or elderly persons, enter the homes of citizens, or collect or manage money, prior to a final offer of employment. A town may request only a state records check or both a federal and state records check, to be conducted through the division of state police. The town may extend a conditional offer of employment to a candidate, with a final offer of employment subject to a successfully completed criminal history records check.
2 Employee Candidate Background Checks. Amend RSA 41:9-b, III to read as follows:
III. To obtain a state records check only, the town shall submit a state criminal history records release form to the division of state police. To obtain both the federal and the state records check, the town shall submit the criminal history records release form and applicant finger print card to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the division of state police shall report any criminal conviction information to the town governing body or town manager. The town may submit fingerprint information electronically, in accordance with procedures established by the division of state police. The town shall maintain the confidentiality and security of all criminal history records information received pursuant to this paragraph.
3 Effective Date. This act shall take effect upon its passage.
2009-1190s
AMENDED ANALYSIS
This bill permits a criminal history records check by a municipality to be only a state records check or both a federal and state records check.
Senate Judiciary
April 1, 2009
2009-1179s
06/09
Amendment to SB 203
Amend the bill by replacing all after the enacting clause with the following:
1 Duty of Care. Amend RSA 212:34 to read as follows:
I. An owner,
lessee, or occupant of premises, or railroad operator who owns, leases,
occupies, or maintains a right-of-way that is used as part of a designated
recreational trail, owes no duty of care to keep such premises safe for
entry or use by others for hunting, fishing, trapping, camping, horseback
riding, water sports, winter sports, snowmobiling, or OHRVs as defined in RSA
215-A, hiking, bicycling, sightseeing, [or] removal of fuel wood, or
other similar activities, or to give any warning of hazardous conditions,
uses of, structures, or activities on such premises to persons entering for
such purposes, except as provided in paragraph III hereof.
II. An owner,
lessee, or occupant of premises, or railroad operator who owns, leases,
occupies, or maintains a right-of-way that is used as part of a designated
recreational trail, who gives permission to another to hunt, fish,
trap, camp, ride horseback, hike, bicycle, use snowmobiles as defined
in RSA 215-C, use OHRVs as defined in RSA 215-A, sightsee upon, or remove fuel
wood from, such premises, [or] use said premises for water sports, [or]
winter sports or other similar activities does not thereby:
(a) Extend any assurance that the premises are safe for such purpose, or
(b) Constitute the person to whom permission has been granted the legal status of an invitee to whom a duty of care is owed, or
(c) Assume
responsibility for or incur liability for [an injury to person or property]
personal
injury or property damage caused by any act of such person to whom
permission has been granted except as provided in paragraph III hereof.
III. This section does not limit the liability which otherwise exists:
(a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or
(b) For personal
injury or property damage suffered in any case where permission to
hunt, fish, trap, camp, ride horseback, hike, bicycle, use for water
sports, winter sports, use [of] snowmobiles as defined in RSA 215-C, or use
[of] OHRVs as defined in RSA 215-A, sightsee, [or] remove fuel
wood,
or other similar activities was granted for a consideration other than
the consideration, if any, paid to said landowner by the state; or
(c) [The]
For
personal injury or property damage caused by acts of
persons to whom permission to hunt, fish, trap, camp, ride horseback, hike, bicycle,
use for water sports, winter sports, use [of] snowmobiles as
defined in RSA 215-C, or use [of] OHRVs as defined in RSA 215-A,
sightsee, [or] remove fuel wood, or other similar activities was
granted, to third persons [as] to whom the person granting permission,
or the owner, lessee or occupant of the premises, or railroad operator who owns, leases,
occupies, or maintains a right-of-way that is used as part of a designated
recreational trail, owed a duty to keep the premises safe or to warn of
danger.
IV. Except as provided in paragraph III, a person using the premises as provided in paragraph I or given permission as provided in paragraph II, shall not maintain an action against the owner, occupant, or lessee of the premises, or railroad operator who owns, leases, occupies, or maintains a right-of-way that is used as part of a designated recreational trail, for any personal injury or property damage which resulted while on the premises.
2 Liability Limited. Amend RSA 231-A:8, I to read as follows:
I. All trails established under this chapter shall be deemed to constitute land open without charge for recreational or outdoor educational purposes pursuant to RSA 212:34 and RSA 508:14, I, and the liability of owners, lessees, or occupants of land affected by a trail, railroad operators who own, lease, occupy, or maintain a right-of-way that is used as part of a designated recreational trail, and of the municipality establishing the trail, shall be limited as set forth in those statutes.
3 Landowner Liability Limited. Amend RSA 508:14, I to read as follows:
I. An owner, occupant, or lessee of land, including the state or any political subdivision, or a railroad operator who owns, leases, occupies, or maintains a right-of-way that is used as part of a designated recreational trail, who without charge permits any person to use land for recreational purposes or as a spectator of recreational activity, shall not be liable for personal injury or property damage in the absence of intentionally caused injury or damage.
4 Effective Date. This act shall take effect upon its passage.
Senate Judiciary
April 1, 2009
2009-1166s
04/03
Amendment to SB 205-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Criminal Mischief. Amend RSA 634:2, II and II-a to read as follows:
II. Criminal mischief is a class B felony if the actor purposely causes or attempts to cause:
(a) Pecuniary loss in excess of [$1,000] $3,500;
or
(b) A substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public service; or
(c) Discharge of a firearm at an occupied structure, as defined in RSA 635:1, III; or
(d) Damage to private or public property, real or personal, when the actor knows that the property has historical, cultural, or sentimental value that cannot be restored by repair or replacement.
II-a. Criminal mischief is a class A misdemeanor if
the actor purposely causes or attempts to cause pecuniary loss in excess of [$100]
$1,750
and not more than [$1,000] $3,500.
2 Unauthorized Entries; Criminal Trespass. Amend RSA 635:2, II to read as follows:
II. Criminal
trespass is a misdemeanor for the first offense and a class B felony for any
subsequent offense if the person knowingly or recklessly causes damage in
excess of [$1,000] $3,500 to the value of the property
of another.
3 Theft; Penalties. Amend RSA 637:11 to read as follows:
637:11 Penalties.
I. Theft constitutes a class A felony if:
(a) The
value of the property or services exceeds [$1,000] $3,500, or
(b) The property stolen is a firearm, or
(c) The actor is armed with a deadly weapon at the time of the theft, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
II. Theft constitutes a class B felony if:
(a) The
value of the property or services is more than [$500] $1,750
but not more than [$1000] $3,500, or
(b) The actor has been twice before convicted of theft of property or services, as a felony or class A misdemeanor, or
(c) The theft constitutes a violation of RSA 637:5, II(a) or (b), or
(d) The property or services stolen are from 3 separate business establishments within a 72-hour period.
III. Theft
constitutes a misdemeanor if the value of the property or services does not
exceed [$500] $1,750.
4 Fraud; Issuing Bad Checks. Amend RSA 638:4, IV(a) to read as follows:
IV.(a) Issuing a bad check is:
(1) A
class A felony if the face amount of the check exceeds [$1,000] $3,500;
(2) A
class B felony if the face amount of the check exceeds [$500] $1,750
but is not more than [$1,000] $3,500;
(3) A
class A misdemeanor if the face amount of the check does not exceed [$500]
$1,750
and the actor has been convicted of an offense under this section within the
previous 12 months;
(4) A class B misdemeanor in all other cases.
5 Fraud; Fraudulent Use of Credit Card. Amend RSA 638:5, III to read as follows:
III.(a) Fraudulent use of a credit card is:
(1) A
class A felony if property or services are obtained which exceed the value of [$1,000]
$3,500;
(2) A
class B felony if property or services are obtained which exceed the value of [$500]
$1,750
but are not more than the value of [$1,000] $3,500;
(3) A misdemeanor in all other cases.
(b) The value may be determined according to the provisions of RSA 637:2, V.
6 Fraud; Commercial Bribery. Amend RSA 638:7, III to read as follows:
III.(a) Commercial bribery is:
(1) A
class A felony if the value of the benefit referred to in paragraphs I and II
is more than [$1,000] $3,500;
(2) A
class B felony if the value of the benefit referred to in paragraphs I and II
is more than [$500] $1,750, but is not more than [$1,000]
$3,500;
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.
7 Fraud; Sports Bribery. Amend RSA 638:8, II to read as follows:
II.(a) Sports bribery is:
(1) A
class A felony if the benefit referred to in subparagraphs I(a), (b) or (d), or
the value of the benefit gained or to be gained from influencing the outcome of
a contest as referred to in subparagraph I(c), exceeds [$1,000] $3,500
or if the injury threatened in subparagraphs I(a) or (b) is a serious bodily
injury;
(2) A class B felony in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.
8 Fraud; Fraud on the Women, Infants, and Children (WIC) Program. Amend RSA 638:15, II to read as follows:
II. Fraud on the women, infants, and children program is:
(a) A class
A felony where the value of the funds, assets, or property exceeds [$1,000]
$3,500;
(b) A class
B felony where the value of the funds, assets, or property exceeds [$100]
$1,750,
but is not more than [$1,000] $3,500;
(c) A misdemeanor in all other cases.
9 Fraud; Computer Crime Penalties. Amend RSA 638:18, I-III to read as follows:
I. Computer crime
constitutes a class A felony if the damage to or the value of the property or
computer services exceeds [$1,000] $3,500, or if the person has
previously been convicted of violating RSA 638:17, II, IV, or VI, or any other
statute prohibiting the same conduct in another state, territory, or possession
of the United States.
II. Computer crime constitutes a class B felony if:
(a) The
damage to or the value of the property or computer services exceeds [$500]
$1,750
but is not more than $3,500;
(b) The person recklessly engages in conduct which creates a risk of serious physical injury to another person; or
(c) The person is guilty of violating RSA 638:17, II, IV, or VI.
III. Computer
crime is a misdemeanor if the damage to or the value of the property or
computer services, if any, is [$500] $1,750 or less.
10 Fraud; Computer Crime Penalties. Amend RSA 638:18, V(c) to read as follows:
(c) When the
value of the property or computer services or damage thereto cannot be
satisfactorily ascertained, the value shall be deemed to be [$250] $1,750.
11 Fraud; Insurance Fraud. Amend RSA 638:20, IV(a) to read as follows:
IV.(a) Insurance fraud is:
(1) A
class A felony if the value of the fraudulent portion of the claim for payment
or other benefit pursuant to an insurance policy is more than [$1,000] $3,500.
(2) A
class B felony if the value of the fraudulent portion of the claim for payment
or other benefit pursuant to an insurance policy is more than [$500] $1,750,
but not more than [$1,000] $3,500.
(3) A misdemeanor in all other cases.
12 Presentence Investigation. Amend RSA 651:4 to read as follows:
651:4 Presentence Investigation.
I. [No person
convicted of a felony shall be sentenced before a written report of a
presentence investigation has been presented to and considered by the court,
unless waived by defendant and the state, or by the court.] The court may,
in its discretion, order a presentence investigation for a defendant convicted
of a felony
or a misdemeanor; provided that, upon the recommendation of the
prosecution, the court shall order a presentence investigation report where the
felony
or misdemeanor was violent and the court has reason to believe that the
defendant committed a similar act within the past year. The report shall include a recommendation as
to disposition, together with reference to such material disclosed by the
investigation as supports such recommendation.
II. Before imposing sentence, the court shall
take such steps as may be necessary so that the defendant is advised, by [his]
counsel or otherwise, as the situation warrants, of the factual contents of any
presentence investigation, and afforded a fair opportunity to [controvert]
contest
them. The sources of confidential
information need not, however, be disclosed.
13 Effective Date. This act shall take effect January 1, 2010.
2009-1166s
AMENDED ANALYSIS
This bill:
II. Allows the court the discretion to order a presentence investigations in felony cases.
Wildlife, Fish and Game and Agriculture
April 1, 2009
2009-1167s
05/09
Amendment to HB 41
Amend RSA 206:33-e as inserted by section 1 of the bill by replacing it with the following:
206:33-e Wildlife Heritage Foundation; Donation of Permits.
I. The executive director may donate up to 5 fishing licenses and hunting licenses along with any necessary permits to take up to 5 moose, up to 5 deer, up to 5 bear, and up to 5 turkeys, each calendar year to the wildlife heritage foundation of New Hampshire, the official nonprofit partner of the department pursuant to RSA 206:33-c. The donated permits shall be used by the foundation to assist in its corporate mission. The donation of permits shall not affect the number of permits to be made available to the public by the department.
II. The licenses and permits donated under paragraph I shall be valid anywhere in the state open to the taking of the species selected, and shall be valid to take moose, deer, bear, or turkey of either sex during the established hunting season for that species. Prior to being issued a hunting license under this section, a person shall meet the hunting education requirements under RSA 214:23-a.
III. The wildlife
heritage foundation of
Senate Executive Departments and Administration
April 1, 2009
2009-1180s
10/05
Amendment to HB 685-FN
Amend the bill by replacing section 1 with the following:
1 Retirement System; Medical Benefits Payment; Vested Deferred Group I Teachers and Political Subdivision Employees. RSA 100-A:52-a, I(b) is repealed and reenacted to read as follows:
(b) Any person who for reasons other than retirement or death ceases to be a group I teacher or political subdivision employee and retires with a vested deferred retirement allowance on or before July 1, 2009 if such person was eligible to retire as of July 1, 2008 either: (1) with no less than 20 years of group I creditable service and being at least 60 years old or subsequently attaining age 60; or (2) with no less than 30 years of group I creditable service and being at least 55 years of age or subsequently attaining age 55.
2009-1180s
AMENDED ANALYSIS
This bill allows certain group I teacher or political subdivision employee members of the retirement system who were eligible to retire with a vested deferred retirement allowance on July 1, 2008 and who retire by July 1, 2009 to be included in the payment of medical benefits by the retirement system.
HEARINGS
TUESDAY, APRIL 7, 2009
ELECTION LAW AND VETERANS' AFFAIRS, Room 101, LOB
Sen. Lasky (C), Sen. Houde (VC), Sen. Merrill, Sen. Barnes, Sen. Carson
8:30 a.m. HB 105, relative to voting machines for the counting of ballots.
8:45 a.m. HB 265, relative to proving qualifications to vote.
9:00 a.m. HB 292, (New Title) relative to financial disclosures, lobbyist registrations and statements, prohibited gifts, and executive branch volunteers.
EXECUTIVE SESSION MAY
FOLLOW
EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB
Sen. Cilley (C), Sen. Fuller Clark (VC), Sen. DeVries, Sen. Downing, Sen. Carson
2:00 p.m. HB 77, relative to continuing education requirements for licensed architects.
2:15 p.m. HB 80, (New Title) requiring at least one member of the pharmacy board to be a hospital pharmacist, and relative to the consecutive years of service of pharmacy board members.
2:30 p.m. HB 93, relative to the minimum age for fighting sports competitions.
2:45 p.m. HB 252, relative to state agency rulemaking concerning expiring administrative rules.
3:00 p.m. HB 316, relative to expenditures by boards and commissions for costs of examinations of applicants.
EXECUTIVE SESSION MAY
FOLLOW
HEALTH AND HUMAN SERVICES, Room 103, SH
Sen. Sgambati (C), Sen. Gilmour (VC), Sen. Kelly, Sen. Gallus, Sen. Downing
8:30 a.m. HB 64-FN, (New Title) relative to eligibility for Aid to the Needy Blind.
8:45 a.m. HB 497, relative to the automated external defibrillator advisory commission.
9:00 a.m. HB 544, relative to data collected by health care facilities.
EXECUTIVE SESSION MAY
FOLLOW
JUDICIARY, Room 103, SH
Sen. Reynolds (C), Sen. Lasky (VC), Sen. Houde, Sen.
Roberge, Sen. Letourneau
2:00 p.m. HB 79, relative to use of the child support guideline worksheet.
2:15 p.m. HB 118, relative to periodic payments of judgments.
2:30 p.m. HB 127, relative to treatment of pregnant inmates.
2:45 p.m. HB 157, relative to library patron records.
3:00 p.m. HB 243, authorizing the designation of special assistant attorneys general.
EXECUTIVE SESSION MAY
FOLLOW
FRIDAY, APRIL 10, 2009
JOINT SENATE
FINANCE AND WAYS AND MEANS COMMITTEES
10:00 a.m. Room 100, SH House Finance division Chairs' presentation on budget to Senate Finance and Ways and Means Committees
MONDAY, APRIL 13, 2009
JOINT SENATE
FINANCE AND WAYS AND MEANS COMMITTEES
10:00 a.m. Room 100, SH Legislative Budget Assistant's Office presentation on budget to Senate finance and Ways and Means Committees
TUESDAY, APRIL 14, 2009
ELECTION LAW AND VETERANS' AFFAIRS, Room 101, LOB
Sen. Lasky (C), Sen. Houde (VC), Sen. Merrill, Sen. Barnes, Sen. Carson
8:30 a.m. HB 387, relative to observation of voter registration.
8:45 a.m. HB 622, amending the hearing dates of the ballot law commission.
9:00 a.m. HB 623, making various changes to the election laws.
EXECUTIVE SESSION MAY
FOLLOW
FINANCE,
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
5:00 p.m. - 7:00 p.m. STATE BUDGET
HEALTH AND HUMAN SERVICES, Room 103, SH
Sen. Sgambati (C), Sen. Gilmour (VC), Sen. Kelly, Sen. Gallus, Sen. Downing
8:30 a.m. HB 132, relative to access to case records of the department of health and human services.
8:45 a.m. HB 234, establishing a committee to study the certificate of need process.
EXECUTIVE SESSION MAY
FOLLOW
WEDNESDAY, APRIL 15, 2009
FINANCE, Representatives' Hall
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
5:00 p.m. - 7:00 p.m. STATE BUDGET
THURSDAY, APRIL 16, 2009
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT, Room 102, LOB
Sen. Fuller Clark (C), Sen. Merrill (VC), Sen. Cilley, Sen. Lasky, Sen. Odell, Sen. Carson
8:30 a.m. HB 102, (New Title) relative to the rivers management and protection program.
8:50 a.m. HB 58, designating segments of the
9:10 a.m. HB 452, designating segments of the
9:30 a.m. HB 674-FN-A, relative to eliminating the water resources council, relative to dams, and authorizing the Connecticut lakes headwaters citizens committee to advise the department of environmental services on the management of Lake Francis and associated property.
EXECUTIVE SESSION MAY
FOLLOW
FINANCE,
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
5:00 p.m. - 7:00 p.m. STATE BUDGET
PUBLIC AND MUNICIPAL AFFAIRS, Room 103, LOB
Sen. DeVries (C), Sen. Houde (VC), Sen. Sgambati, Sen. Roberge, Sen. Barnes
8:30 a.m. HB 141, authorizing towns and cities to accept any form of electronic payment.
8:40 a.m. HB 142, relative to extending municipal leases.
9:00 a.m. HB 86, (New Title) allowing towns to issues citations and accept pleas by mail for local ordinance violations.
9:20 a.m. HB 239-L, relative to establishing a municipal bond rescission process.
EXECUTIVE SESSION MAY
FOLLOW
MEETINGS
FRIDAY, APRIL 3, 2009
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
Cancelled Room 100, SH 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, APRIL 6, 2009
CITIZENS TRADE POLICY COMMISSION (19-L:1)
9:00 a.m. Room 307, LOB Regular Meeting
ELECTRONIC BALLOT COUNTING DEVICE ADVISORY COMMITTEE (HB 285, Chapter 134:1, Laws of 2008)
10:00 a.m. HAVA Conference Room Regular Meeting
Archives
and
JOINT LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I:1)
11:00 a.m. Room 100, SH Regular Meeting
COMMISSION TO STUDY ISSUES RELATING TO STORMWATER (HB 1295, Chapter 71:1, Laws of 2008)
1:00 p.m. Room 305, LOB Regular Meeting
COMMISSION TO STUDY THE PREVENTION OF CHILDHOOD OBESITY (HB 1422, Chapter 219:1, Laws of 2008)
3:15 p.m. Room 205, LOB Regular Meeting
TUESDAY, APRIL 7, 2009
EMERGENCY MANAGEMENT SYSTEM JOINT LEGISLATIVE OVERSIGHT COMMITTEE (RSA 21-P:51)
9:00 a.m. Room 307, LOB Regular Meeting
THURSDAY, APRIL 9, 2009
ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)
8:30 a.m. Room 304, LOB Public sector working group
Subcommittee Meeting
FRIDAY, APRIL 10, 2009
STATE SUGGESTION AND EXTRAORDINARY SERVICE AWARD EVALUATION COMMITTEE (RSA 99-e:1,I)
9:30 a.m. Room 101, LOB Regular Meeting
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
1:00 p.m. Room 102, LOB Regular Meeting
MONDAY, APRIL 13, 2009
COUNCIL ON THE RELATIONSHIP BETWEEN PUBLIC HEALTH AND THE ENVIRONMENT (RSA 125-P:1)
9:30 a.m. Room 205, LOB Regular Meeting
LEGISLATIVE ETHICS COMMITTEE (RSA 14-B:2)
10:00 a.m. Room 103, SH Public Hearing on draft proposed amendments to the Ethics Guidelines and Regular Meeting
JOINT LEGISLATIVE COMMITTEE ON ELDERLY AFFAIRS (RSA 17-H:2)
10:00 a.m. Room 207, LOB Regular Meeting
THURSDAY, APRIL 16, 2009
JOINT MEETING BETWEEN
THE HOUSE SCIENCE AND TECHNOLOGY AND THE SENATE ENERGY, ENVIRONMENT AND
ECONOMIC DEVELOPMENT COMMITTEES
1:00 p.m. Room
304, LOB Presentation
from ISO New
ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21)
3:00 p.m. Room 103, SH Regular Meeting
FRIDAY, APRIL 17, 2009
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
9:00 a.m. Rooms 210-211, LOB Regular Business
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. The Willows at Families in Regular Meeting
Transition
COMMISSION TO RECOMMEND POLICIES AND PROGRAMS RELATED TO INCREASING THE NUMBER OF NEW HAMPSHIRE INDIVIDUALS IN HEALTH PROFESSIONS SERVING NEW HAMPSHIRE'S RURAL AND UNDERSERVED AREAS WITH A FOCUS ON PRIMARY CARE (HB 1615, Chapter 367:3, Laws of 2008)
10:00 a.m. Room 205, LOB Regular Meeting
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
10:00 a.m. Room 102, LOB Special Hearing in the Matter of Marie Dubreuil
MONDAY, APRIL 20, 2009
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
9:00 a.m. NH Department of Revenue Low Income Housing Subcommittee
Administration
Medical & Surgical Building
109 Pleasant Street
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
Cancelled Room 100, SH Regular Meeting
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)
10:00 a.m. Room 205, LOB Regular Meeting
COMMISSION TO
1:00 p.m. Room 305, LOB Regular Meeting
COMMISSION TO STUDY THE AUTHORITY TO PRACTICE OR PROVIDE HEALTH AND MEDICAL CARE IN THE EVENT OF THE DECLARATION OF A STATE OF EMERGENCY PURSUANT TO RSA 4:45 OR A PUBLIC HEALTH OR SAFETY INCIDENT AS DEFINED IN RSA 508:17-a, II (c) (SB 512, Chapter 271:9, Laws of 2008)
1:00 p.m. Room 205, LOB Regular Meeting
DEVELOPMENTAL DISABILITY AND ACQUIRED BRAIN DISORDER WAITLIST AND SERVICES FUND ALLOCATION OVERSIGHT COMMITTEE (RSA 171-A:1-c)
1:00 p.m. Room 103, SH Regular Meeting
TUESDAY, APRIL 21, 2009
3:00 p.m. Room 201, LOB Regular Business
THURSDAY, APRIL 23, 2009
COMMISSION TO DEVELOP ALTERNATIVES TO THE DISPOSAL OF MEDICAL SHARPS IN HOUSEHOLD WASTE (HB 1502, Chapter 259:2, Laws of 2008)
2:00 p.m. Room 304, LOB Regular Meeting
2:00 p.m. Upham Walker House Regular Meeting
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
3:00 p.m. Room 103, SH Public Comment Hearing - Procedural Revisions to Guardian Ad Litem Rules
MONDAY, APRIL 27, 2009
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 103, SH Regular Meeting
OIL FUND DISBURSEMENT BOARD (RSA 146-D:4)
9:00 a.m. Room 305, LOB Regular Meeting
FRIDAY, MAY 1, 2009
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
MONDAY, MAY 4, 2009
CITIZENS TRADE POLICY COMMISSION (RSA 19-L:1)
9:00 a.m. Room 307, LOB Regular Meeting
COMMISSION TO STUDY AIR QUALITY ISSUES IN PUBLIC SCHOOL BUILDINGS (HB 1171, Chapter 242:1, Laws of 2008)
10:00 a.m. Department of Education Regular Meeting
101 Pleasant Street
WEDNESDAY, MAY 6, 2009
ADVISORY COMMITTEE ON EDUCATION OF CHILDREN/STUDENTS WITH DISABILITIES (RSA 186-C:3-b)
4:00 p.m. NH Department of Education Regular Meeting
Londergan Hall, Room 15
101 Pleasant Street
FRIDAY, MAY 8, 2009
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
1:00 p.m. Room 102, LOB Regular Meeting
STATE SUGGESTION AND EXTRAORDINARY SERVICE AWARD EVALUATION COMMITTEE (RSA 99-E:1,I)
9:30 a.m. Room 101, LOB Regular Meeting
FRIDAY, MAY 15, 2009
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Regular Meeting
MONDAY, MAY 18, 2009
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 100, SH Regular Meeting
OIL FUND DISBURSEMENT BOARD (RSA 146-D:4)
9:00 a.m. Room 305, LOB Regular Meeting
FRIDAY, MAY 22, 2009
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
9:30 a.m. NH Department of Revenue Regular Meeting
Administration
Medical & Surgical Building
109 Pleasant Street
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
1:30 p.m. NH Department of Revenue Low Income Housing Subcommittee
Administration
Medical & Surgical Building
109 Pleasant Street
MONDAY, JUNE 15, 2009
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
1:30 p.m. NH Department of Revenue Low Income Housing Subcommittee
Administration
Medical & Surgical Building
109 Pleasant Street
********
SENATE BILLS AMENDED BY THE HOUSE
SB 39-FN-L, (New Title) relative to municipal deposits and special meetings for considering an appropriate response to the American Recovery and Reinvestment Act of 2009.
SB 77, renaming the Christa McAuliffe planetarium the McAuliffe-Shepard discovery center.
********
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 2009 BILLS:
SENATE BILLS: 25,
28, 39, 65, 68, 69, 79, 89, 99, 100, 103, 106, 107, 135, 137, 139, 141, 144, 145,
146, 159, 163, 165, 167, 169, 170, 174, 175, 176, 177, 179, 180, 182, 185, 192,
200, 201, 202.
HOUSE BILLS: 30, 41, 52, 56, 90, 112, 216, 223, 240, 256, 279, 313, 384, 423, 460, 600, 602, 685.
********
LEGISLATIVE ETHICS COMMITTEE
Draft Proposed Amendments to the Ethics Guidelines
The Legislative Ethics Committee has
scheduled a public hearing on the following draft amendments to the Ethics
Guidelines on Monday, April 13, 2009, at 10:00 a.m. in Room 103 of the State
House.
Legislative
Ethics Committee
Explanation: Matter added to the current guidelines appears
in bold italics.
Matter removed from the current guidelines
appears [in brackets and struckthrough].
Matter tentatively added appears in underlined
bold italics followed by an asterisk {*}.
Matter tentatively removed appears [in
brackets and struckthrough] followed by an asterisk {*}.
ETHICS GUIDELINES
2
DEFINITIONS.
I. "Anything Of Value" includes but is not limited to the following:
(a) A pecuniary item, including money, or a bank bill or note;
(b) A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;
(c) A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
(d) A stock, bond, note, or other investment interest in an entity;
(e) A receipt given for the payment of money or other property;
(f) A cause of action;
(g) A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;
(h) A loan or forgiveness of indebtedness;
(i) A work of art, antique, or collectible;
(j) An automobile or other means of personal transportation;
(k) Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty;
(l) A promise of employment or continued employment;
(m) A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as a public official or public employee, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public.
II.
"Conflict Of Interest" is the
condition in which a legislator has a financial interest in any official activity.
III. "Expense Reimbursement'' shall
mean any price, charge, fee, expense, or other cost which is waived, forgiven,
reduced, prepaid, or reimbursed in any form for the reasonable expenses of
attendance, registration, travel, meals, or lodging related to a bona fide
conference, meeting, seminar or educational or informational program, when
the source of such reimbursement is other than the state, a county, or the
United States of America.
III. "Family
Member" shall mean any person related to and living in the same domicile
as a legislator, legislative officer, or legislative employee who shares a
common economic interest in the expenses of daily living, including, but not
limited to, a spouse, child, or parents.
[III.] V. "Financial Interest" is
a reasonably foreseeable direct material financial effect [, distinguished
from its effect on the public generally, on the legislator or his or her
spouse] [arising from a change in law,
a change in administrative rule, a decision whether or not to award a contract,
grant a license or permit, discipline a licensee or permittee, or other
decision by government affecting a business, profession, occupation, group, or
matter enumerated in RSA 15-A:5, I(d) that results in a greater financial
effect on you or a family member than it would on the general public]* which
is greater on the legislator, legislative officer, legislative employee, or a
family member than on the general public.*
VI. (a)
"Gift'' shall mean:
(1)
Money in any amount, whether in the form of cash, check or any other negotiable
or non-negotiable instrumentality for the transfer of money.
(2) Any other tangible thing,
intangible thing, service, or the use thereof having more than insignificant
economic value. Any such item with a value of less than $25 is presumed to be
of insignificant economic value.
(b)
Notwithstanding subparagraph (a), "gift'' shall not mean:
(1)
A political contribution as defined in RSA 664.
(2)
A commercially reasonable loan, made in the ordinary course of business.
(3)
Repayment to an elected official, public official, public employee,
constitutional official, or legislative employee of a bona fide loan made by
such a person.
(4) A ceremonial plaque,
award, or other commemorative object, which is personally inscribed to the
recipient and which has inconsequential economic value. A ceremonial object or
award with a value of $150 or less is presumed to be of inconsequential
economic value.
(5)
Objects which primarily serve an informational purpose provided in the ordinary
course of business, such as reports, books, maps, or charts.
(6)
Money in any form, an object, or any tangible or intangible thing of economic
value, where the donor's act of giving is purely private and personal in nature
and the money, object, or thing of economic value would have been given and
received even if the person were not an elected official, public official,
public employee, constitutional official, or legislative employee.
(7)
Wages, salary, benefits, mileage, or payment for expenses received by the
person in his or her regular course of employment or business which is
unrelated to the government position held.
(8)
Wages, salary, benefits, mileage, or payment for expenses paid to the person by
the state, a county, or the
(9)
Tickets or free admission to a charitable, ceremonial, or political event
provided that:
(A)
The proceeds of the event are subject to the political contributions and
expenditure reporting law, RSA 664; or
(B)
The event is sponsored by a charitable organization that is registered with the
division of charitable trusts, department of justice, or which is a charitable
organization pursuant to section 501(c)(3) of the federal tax code; or
(C)
The event is published as an event open for attendance by any member of the
general court in the calendar of the senate or the house.
(10)
Meals, beverages, lodging, or transportation associated with attendance at:
(A)
Any event for which the primary significance is ceremonial or celebratory,
provided the event is public or, if by invitation only, is planned to have an
attendance greater than 50 people; or
(B)
Any event where the person is attending in an official capacity representing
the state and/or the senate, house, or the agency of which the person is a
member.
(11)
Expense reimbursement or an honorarium.
(12)
Meals and beverages consumed at a meeting or event, the purpose of which is to
discuss official business.
VII. "Honorarium'' means a payment in
any form to a legislator, legislative officer, or legislative employee for an
appearance, speech, written article or other document, service as a consultant
or advisor, or participation in a discussion group or similar activities . Honorarium does not include a payment for
such activities for which the person is being compensated by the state, a
county, the United States of America, or by any other employer or client, where
the activity giving rise to the honorarium is not related to or associated with
any public office or government employment.
[IV.] VIII. "Immediate Family"
includes a spouse, guardian, parent, sibling, child or dependent.
[V.] IX. “Legislation" is a bill,
resolution or constitutional amendment.
[VI.] X. "Official Activities"
is the conduct of activities which relate to official responsibilities
including the introduction of legislation, testifying before any legislative
committee or state agency, voting in committee or in house or senate session or
otherwise participating in, influencing, or attempting to influence any
decision of the legislature, county delegation or any state agency.
XI. “Official Business” means, for legislators, legislative officers, and legislative employees, the discussion or transaction of legislative business, namely, any official action or non-action with regard to any potential pending or existing bill, resolution, amendment, report, or study, any other matter pending or proposed in a committee or in either house of the general court, or an issue of public policy which is or may be the subject of legislative attention, or any other matter which is within the official jurisdiction or cognizance of the general court.
3
LEGISLATOR'S FINANCIAL DISCLOSURE FORM.
{NOTE: IF 2009, SB155 BECOMES LAW, THE FORM
PRESCRIBED IN THIS SECTION SHALL BE REPLACED IN ITS ENTIRETY WITH THE FINANCIAL
DISCLOSURE FORM PRESCRIBED BY SB155}
Every representative, senator, and
officer of the House and Senate, shall file with the Legislative Ethics
Committee the following financial disclosure form [on or before January 31
of each year] annually no later than the third Friday in January.*
FINANCIAL DISCLOSURE FORM
FOR STATE SENATORS, STATE
REPRESENTATIVES AND OFFICERS OF THE GENERAL COURT
Required by the Legislative Ethics Committee (RSA 14-B)
Name of Legislator/Officer ____________________________________________________________________________
(print name)
Address _____________________________________________________________________________________________
street town/city zip code
Office
_________________ County/District
________________ Telephone
Number __________________
I. Sources of Income
Identify below the
name, address, and type of any professional, business, or other organization
(including any unit of government) in which you or [your spouse] a
family member * are or were
an employee,
officer, director, associate, partner, proprietor, [employee,] or
member, or served in any professional or advisory capacity,
from which you or [your spouse] a family member* derived any income
(including retirement benefits other than federal retirement and/or disability
benefits) in excess of $10,000 during the preceding calendar year. For purposes of this form a family member
means a person related to you and living in the same domicile as you and who
shares a common economic interest in the expenses of daily living, including,
but not limited to, a spouse, child, or parents.*
1) a) Name
of organization____________________________________________________________________________
b) Address of organization__________________________________________________________________________
c) Type of organization ____________________________________________________________________________
2) a) Name
of organization____________________________________________________________________________
b) Address of organization__________________________________________________________________________
c) Type of organization_____________________________________________________________________________
3) a) Name
of organization____________________________________________________________________________
b) Address of organization__________________________________________________________________________
c) Type of organization_____________________________________________________________________________
(attach additional sheets if necessary)
[Please note: every State Senator,
State Representative, and Officer of the General Court is required to file this
form.] [If you feel that your
income during the preceding calendar year does not qualify for disclosure
according to the criteria stated above, signify by [checking] writing
your initials on the line below.]
If you or a family member had no
qualifying income, indicate by writing your initials on the following
statement.*
[My
income does not qualify _____]*
My or my family member's income does not qualify --------------.*
[COMPLETION
OF THIS SECTION IS OPTIONAL.]
[Disclosure and description below of your financial
interest may eliminate the need to follow the conflict of interest procedure
established in Section 5 of the Ethics Guidelines. If your participation in an official activity
creates a conflict of interest not disclosed by the information on this form,
you must complete and file a Declaration of Intent Form in accordance with
Section 5 of the Ethics Guidelines. See
Section 5 of the Ethics Guidelines for information regarding particular
conflicts of interest that you may have.]
II.
Disclosure of Financial Interests
[IDENTIFY AND DESCRIBE BELOW ANY FINANCIAL INTEREST
YOU OR YOUR SPOUSE MAY HAVE. FOR
THIS SECTION, “FINANCIAL INTEREST” MEANS THAT A CHANGE IN THE LAW,
A CHANGE IN ADMINISTRATIVE RULE, A DECISION WHETHER OR NOT TO AWARD A CONTRACT,
GRANT A LICENSE OR PERMIT, DISCIPLINE A LICENSEE OR PERMITTEE, OR OTHER
DECISION BY GOVERNMENT AFFECTING THE BUSINESS, PROFESSION, OCCUPATION, GROUP,
OR MATTER DEALING WITH ANY OF THESE SUBJECTS LISTED BELOW WOULD POTENTIALLY
HAVE A GREATER FINANCIAL EFFECT
ON YOU OR YOUR SPOUSE THAN IT WOULD ON THE GENERAL PUBLIC.]
*
Identify
and describe below any financial interest you or a family member may have. An individual has a reportable financial
interest in a business, profession, occupation, group or matter listed in this
section if a change in law, administrative rule, or other official action by
the general court affecting the listed business, profession, occupation, group,
or matter would potentially have a greater financial effect on the individual
reporting the financial interest or that individual's family member than it
would on the general public.*
Please
note: If your participation in an official activity creates a conflict of
interest not disclosed by the information on this form, you must complete and
file a Declaration of Intent Form in accordance with section 5 of the Ethics
Guidelines. See section 5 of the Ethics
Guidelines for information regarding particular conflicts of interest you may
have.*
Do you or [your
spouse] a family member* have a financial interest, as defined
above, in any of the following businesses, professions, occupations, groups, or
matters? For purposes of this form a
family member means a person related to you and living in the same domicile as
you and who shares a common economic interest in the expenses of daily living,
including, but not limited to, a spouse, child, or parents.* Check
any of the following which apply and describe the nature of your or your [spouse’s]
family
member's* financial interest:
(a)
any profession,
occupation, or business licensed or certified by the State of
_____________________________________________________________________
(b)
health
care
_____________________________________________________________________
(c)
insurance
_____________________________________________________________________
(d)
real
estate, including brokers, agents, developers, and landlords
_____________________________________________________________________
(e)
banking or financial
services
_____________________________________________________________________
(f)
State of
_____________________________________________________________________
(g)
the
_____________________________________________________________________
(h)
the current use
land assessment program
_____________________________________________________________________
(i)
restaurants
and lodging
_____________________________________________________________________
(j)
the sale and distribution of alcoholic beverages
_____________________________________________________________________
(k)
the practice of
law
_____________________________________________________________________
(l)
any business
regulated by the Public Utilities Commission
_____________________________________________________________________
(m)
horse or dog racing, or other legal forms of gambling
_____________________________________________________________________
(n)
education
_____________________________________________________________________
(o)
water resources
_____________________________________________________________________
(p)
agriculture
_____________________________________________________________________
(q)
Interest and Dividends Tax
_____________________________________________________________________
(r)
other
_____________________________________________________________________
I hereby swear or affirm that [T}the
foregoing information is true and complete to the best of my
knowledge and belief.
______________________________________
Signature of Legislator/Officer
Complete and return to the
Legislative Ethics Committee no later than [January 31, ______.] the
third
Friday in January.*
{NOTE: If Senate Bill 155 of the 2009
legislative session becomes law, then section 3 of these guidelines shall be
replaced with the following:}
3
LEGISLATOR'S FINANCIAL DISCLOSURE FORM.
Every representative, senator, and
officer of the House and Senate, shall file with the Legislative Ethics
Committee [the following] a financial disclosure form pursuant
to RSA 14-B:8 annually [on or before January 31 of each year]
no
later than the third Friday in January.*
{NEW
FORM TO BE SET FORTH IN FULL IN THIS SECTION FOR CONVENIENT REFERENCE}
4 PROHIBITED ACTIVITIES.
I. Legislators shall not solicit, accept, or agree to accept anything of value from another for themselves or other persons, if the legislator receives such thing of value:
(a) Knowing or believing the other's purpose to be the influencing of an action, decision, opinion, recommendation, or other official activity.
(b)
Knowing or believing that the giver is or is
likely to become subject to or interested in any matter or action pending
before or contemplated by the [giver or another member of the legislature]
legislator
or
the
General Court.
(c) In return for advice or other assistance relating to a legislator's official activities.
(d) In return for introducing legislation, testifying before any legislative committee or state agency, voting in committee or in House or Senate session, or otherwise participating in, influencing, or attempting to influence any decision of the legislature, county delegation or any state agency.
(e) In return for an endorsement, nomination, appointment, approval or disapproval of any person for a position as, or advancement of, a public servant.
(f) In return for having given a decision, opinion, recommendation, nomination, vote, or other official activity.
(g) In
violation of RSA 15-B.
II. Legislators shall not:
(a) Reveal information which the legislator has obtained confidentially in the course of his official activities.
(b) Reveal information about state agency operations or decisions which the legislator would not reveal to any member of the general public requesting such information.
(c) Threaten reprisals or promise inducements of any kind to influence another so as to obtain special personal benefits for the legislator, the legislator's immediate family, or for certain constituents which would not be available to others under similar conditions.
(d) Conduct private negotiations with any governmental agency in an attempt to obtain a decision on a pending matter which would result in special personal benefit to the legislator, to the legislator's immediate family, or to certain constituents which would not be available to others under similar conditions.
III. Legislators shall not use their public position or office to obtain anything of value for the private benefit of the legislator or the legislator's immediate family.
IV. Legislators shall not use state-provided services or facilities for private gain.
V. Legislators shall not become involved in any official activity without complying with the conflict of interest procedure set forth in this document.
VI. Legislators shall not engage in conduct that constitutes sexual harassment as defined in RSA 14-B:1.
VII. Nothing in this section on prohibited activities should be construed to prohibit the following:
(a) The giving or receiving of campaign contributions made for the purpose of defraying the costs of a political campaign.*
(b) Assistance to constituents in their dealings with state agencies.
(c) Advocacy of a particular outcome on matters pending before a state agency when the legislator believes such a decision would benefit the general public or the legislator's constituents generally.
(d) Submission by a legislator of recommendations or references on behalf of a candidate for state employment when the legislator believes the candidate is qualified to be a suitable public employee.
[(e) Acceptance of awards, prizes or other honors of a
minimal value.]
[(f) Acceptance of anything of value the receipt of
which would otherwise be a violation of this section where the value is less
than $250.00 in aggregate from any single source during any calendar year.]
*
[(g)] (e) Acceptance of expense
reimbursement [or underwriting of actual] for the reasonable expenses
for attendance,
registration, travel, meals, and lodging[, and
subsistence directly] related to [attendance at] a bona fide conference,
meeting, seminar, or educational or informational [or educational
conference, seminar, or meeting,] program related to the legislator's office so
long as disclosure of any such reimbursement [or underwriting, including the
identity of the primary sponsor or sponsors and including financial
contributors,] is made [within 15 calendar days of the legislator's
return from such conference (if expenses are underwritten) or, within 15
calendar days of reimbursement] no later than the last day of the month
following the month during which the expense reimbursement was received. This disclosure shall be filed in the Office
of the Secretary of State and shall be in the form prescribed in RSA 15-B. This provision shall not be construed to
require reporting of an expense reimbursement made by an organization to which
the general court pays dues, when the prepayment, underwriting or reimbursement
is provided because of the dues paid.
(f) Acceptance of an honorarium so long as
disclosure is made no later than the last day of the month following the month
during which the honorarium was received. This disclosure shall be filed in the Office
of the Secretary of State and shall be in the form prescribed in RSA 15-B.
(g) Acceptance of meals or beverages with a
value of greater than $25 consumed at a meeting or event [pertaining to]
the purpose of which is to discuss* official business so long as
disclosure is made no later than ten (10) days following the meeting or event
at which the meals or beverages were consumed.
This disclosure shall be filed in a report in the Office of the
Secretary of State and shall be in the form prescribed in RSA 15-B.
(h) Acceptance
of anything permitted to be accepted pursuant to RSA 15-B, except that
acceptance of meals or beverages as permitted by subparagraph (g) shall be
limited to $250 in the aggregate from any single source during any calendar
year. *
5
CONFLICT OF INTEREST PROCEDURE.
I. No declaration shall be required if no benefit or detriment could reasonably be expected to accrue to the legislator or the legislator's family member* as a member of a business, profession, occupation, or other group, to any greater extent than to any other member of such business, profession, occupation, or other group, provided that disclosure of the legislator’s or family member's* membership is made in the Financial Disclosure Form pursuant to section 3 of the Ethics Guidelines. For purposes of these guidelines, groups shall be limited to ones generally recognized and of a substantial size.
II. When a legislator becomes aware that a conflict of interest exists or may exist and the conditions set forth in paragraph I are not met, the legislator shall proceed in accordance with either subparagraph (a) or (b):
(a) Declare that the legislator will not participate in any official activity associated with the issue.
(b) Declare that the legislator intends to participate in the official activity and will provide a description of the conflict of interest including:
a. names of all entities, both public and private, which might be affected;
b. the nature of any benefit which may accrue to the legislator or legislator's family
member*;
c. the nature of any financial interest in the issue;
d. the nature of any relationship which existed, exists or may exist between the legislator and
e. any person or entity which might be affected;
f. such additional information as may be required to permit clear public awareness and
understanding of the nature and extent of the conflict.
III. The declaration required in subparagraphs II (a) and (b) of this procedure shall be publicly announced prior to the legislator's initial participation in the official activity. The information required in subparagraph (b) shall be filed with the clerk of the member's respective body within 24 hours of the time of the official activity and be made available for public inspection during normal business hours.
6
LEGISLATIVE EMPLOYEE CODE OF CONDUCT.
I. General Principles of Conduct.
(a) A legislative employee or officer should view his or her work for the General Court as a public service and should strive to promote the common good of the citizens of the State of New Hampshire through the devotion of his or her professional talents and energies to the support of the General Court in its mission as the representative of the citizens of this state.
(b) A legislative employee or officer should act in a way that makes him or her worthy of the trust the General Court places in staff members and officers.
(c) A legislative employee or officer should provide objective advice, information, and alternatives to legislators, independent of the employee's or officer's personal beliefs or interests or the interests of third parties. A legislative employee or officer should avoid activities that conflict with this objectivity or give the appearance of conflict.
(d) A legislative employee or officer should treat all legislators with dignity and respect, and provide services of equal quality to the employee's or officer's appropriate legislative clientele.
II. Definitions.
(a) "Legislative Employee" includes all house, senate, and joint staff whether employed on a part-time, full-time, permanent or temporary basis.
(b) "Legislative Officer" includes those employees of the House and Senate who are elected by members of the General Court.
III. Prohibited Activities.
(a) A
legislative employee or officer shall not violate the provisions of RSA 15-B.
[(a)] (b) A legislative employee or
officer shall not accept any gift from givers who wish to influence the work
activities of the employee or officer.
(c) A legislative employee or officer shall not accept any employment or serve in any position, in addition to legislative employment, which would impair the employee's or officer's independence of judgment.
(d) Except within the scope of employment, a legislative employee or officer shall not provide any service to a lobbyist or any other person with a direct personal interest in any matter or action pending before the General Court.
(e) Nothing in this paragraph should be construed to prohibit the following:
(1) Acceptance of awards, prizes, honors, or gifts of a minimal value.
(2) Acceptance of informational material relevant to the employee's or officer's official function, such as books, pamphlets, reports, documents, periodicals, or other information that is recorded in a written, audio, or visual format.
(3) Acceptance
of expense
reimbursement [or underwriting of actual] for the reasonable expenses
for attendance,
registration, travel, meals, and lodging[, and subsistence
directly] related to [attendance at] a bona fide conference,
meeting, seminar, or educational or informational [or educational
conference, seminar, or meeting,] program related to the legislative
employee's or officer's employment so long as disclosure of any such
reimbursement [or underwriting, including the identity of the primary
sponsor or sponsors and including financial contributors,] is made [to
the joint committee on legislative facilities or the fiscal committee of the
general court as appropriate within 15 calendar days of the employee's or
officer's return from such conference (if expenses are underwritten) or within
15 calendar days of reimbursement] no later than the last day of the month
following the month during which the expense reimbursement was received. This disclosure shall be filed in the Office of the
Secretary of State and shall be in a form prescribed [by the
above-cited committees and shall be made available to the public upon request]
in
RSA 15-B. This provision shall not be construed
to require reporting of an expense reimbursement made by an organization to
which the general court pays dues, when the prepayment, underwriting or
reimbursement is provided because of the dues paid.
(4) Acceptance
of an honorarium so long as disclosure is made no later than the last day of
the month following the month during which the honorarium was received. This disclosure shall be filed in the Office
of the Secretary of State and shall be in the form prescribed in RSA 15-B.
(5)
Acceptance of meals or beverages with a value of greater than $25 consumed at a
meeting or event [pertaining to] the purpose of which is to discuss
* official
business so long as disclosure is made no later than ten (10) days following
the meeting or event at which the meals or beverages were consumed. This disclosure shall be filed in a report in
the Office of the Secretary of State and shall be in the form prescribed in RSA
15-B.
(6) Acceptance of anything permitted to be accepted pursuant to RSA 15-B, except that acceptance of meals or beverages as permitted by subparagraph (e)(5) shall be limited to $250 in the aggregate from any single source during any calendar year.*
[(b)](f) A legislative employee or officer shall
not use or attempt to use the employee's or officer's official position to (a)
personally obtain any privilege, exemption, special treatment or any other
thing of value, or (b) obtain any such benefit for others except as required to
perform duties within the scope of employment.
[(c)] (g) A
legislative employee or officer shall not accept or solicit anything of value
for the private benefit of the employee or officer or the employee's or
officer's immediate family under circumstances in which it can be reasonably
inferred that the legislative employee's or officer's independence of judgment
is impaired or is intended as a reward for any official action.
[(d)](h) A legislative employee or officer shall not use
state-provided services or facilities for private gain.
[(e)] (i) A legislative employee or officer shall
not disclose confidential information acquired by reason of the employee's or
officer's official position to any person or group not entitled to receive such
information, nor shall the employee or officer use such information for
personal gain or benefit or for the benefit of others.
[(f)] (j) A legislative
employee or officer shall not enter into any contract with a state agency
involving services or property, unless the contract is made after public notice
and competitive bidding; except in cases
where public notice and competitive bidding are not required, the contract or
agreement shall be filed with the employee's or officer's supervisory officer.
IV. Disclosure Procedure. When a legislative employee or officer becomes aware that his or her participation in a particular activity presents a conflict of interest or conflicts with his or her objectivity or gives the appearance of a conflict, the employee or officer shall immediately make disclosure of this fact to his or her supervisory officer. All such reports shall be forwarded to the Chief of Staff of the House, the Chief of Staff of the Senate, the Director of the Office of Legislative Services, or Legislative Budget Assistant, as appropriate.
********
NOTICES
WEDNESDAY, APRIL 8, 2009
All legislators and staff are cordially invited to mingle
with a diverse selection of
Senator Betsi DeVries
********
THURSDAY, APRIL 9, 2009
The members of the New Hampshire Association of Realtors cordially invite all Senators and Staff to a reception at the Holiday Inn on Thursday, April 9, 2009 beginning at 3:00 p.m. or following session. Look forward to seeing you there.
Senator Margaret Wood Hassan, Majority Leader
Senator Peter E. Bragdon, Minority Leader
********
THURSDAY, APRIL 16, 2009
All Senate members and staff are invited to join Governor
Lynch and Dr. Susan Lynch as they recognize
Senator Deborah R. Reynolds
Senator Peggy Gilmour
********
THURSDAY, APRIL 16, 2009
The New Hampshire Preservation Alliance, together with the
N.H. Department of Education and other partners, is pleased to invite
legislators to A Forum on School Building Aid and Siting Policies:
Opportunities for New Hampshire on Thursday, April 16th,
3:00 p.m. - 4:30 p.m. Presentation
by national advisor and architect Royce Yeater to be followed by discussion
with representatives from the Department of Education, The Jordan Institute and
AIA NH. Refreshments
will be served.
Senator Margaret Wood Hassan, Majority Leader
Senator Peter E. Bragdon, Minority Leader
********
SENATE SCHEDULE
Thursday, April 09, 2009 CROSSOVER - Last day to ACT on all remaining Senate Bills.
Thursday, May 07, 2009 Deadline for Policy Committees to ACT on all House money bills, except bills exempted pursuant to Senate Rule 26(b).
Monday, May 25, 2009 Memorial
Day (State
Thursday, June 04, 2009 Last day to ACT on all remaining House bills.
Wednesday, June 10, 2009 Last day to FORM Committees of Conference.
Thursday, June 18, 2009, at 12:00 p.m. Last day to SIGN Committee of Conference Reports.
Thursday, June 25, 2009 Last day to ACT on Committee of Conference Reports.
Friday, July 3, 2009 Fourth
of July (State
Monday, September 7, 2009 Labor
Day (State
Wednesday, November 11, 2009 Veterans Day (State Holiday).
Thursday, November 26, 2009 Thanksgiving
Day (State
Friday, November 27, 2009 Day
after Thanksgiving (State
Friday, December 25, 2009 Christmas
Day (State
********
VISITORS' CENTER SCHEDULE - APRIL
State House Visitation Schedule
As a convenience to the members of the NH General Court, the Visitors’
Center offers the following schedule of schools and other groups visiting the
State House in April 2009. 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
contact the Visitors’ Center concerning school tour booking information. Legislators planning to meet with students
should notify the
Virginia J. Drew. Director Caitlin A. Daniuk, Public Information Administrator
|
Apr. 3 |
9:30 |
|
24/4 |
|
Apr. 3 |
10:00 |
|
52/4 |
|
Apr. 3 |
11:30 |
|
25/5 |
|
Apr. 6 |
9:30 |
|
50/4 |
|
Apr. 6 |
10:30 |
|
75/4 |
|
Apr. 7 |
9:30 |
|
50/4 |
|
Apr. 8 |
9:30 |
|
50/4 |
|
Apr. 8 |
11:00 |
|
50/8 |
|
Apr. 8 |
11:00 |
|
15/4 |
|
Apr. 9 |
10:00/11:30 SH/HM |
|
80/4 |
|
Apr. 10 |
10:00/11:30 SH/HM |
|
80/4 |
|
Apr. 10 |
1:00 |
Finishers Fellowship |
20/Adult |
|
Apr. 13 |
9:30 |
|
38/4 |
|
Apr. 13 |
10:30 |
|
21/4 |
|
Apr. 13 |
11:00 |
|
50/4 |
|
Apr. 13 |
3:30 |
|
10/3&4 |
|
Apr. 14 |
10:00/11:30 SH/HM |
|
90/4 |
|
Apr. 15 |
9:45/11:00 SH/PM |
|
75/4 |
|
Apr. 15 |
11:30 |
New |
45/4 |
|
Apr. 15 |
2:00 |
|
15/Adult |
|
Apr. 16 |
8:30 |
|
24/HS |
|
Apr. 16 |
10:00/11:30 SH/HM |
|
106/4 |
|
Apr. 16 |
11:00 |
|
11/7&12 |
|
Apr. 17 |
9:00 |
New |
33/4 |
|
Apr. 17 |
9:30/10:30 |
DAR |
100/Adult |
|
Apr. 17 |
10:00/11:30 SH/SC |
|
88/4 |
|
Apr. 20 |
9:45/11:00 SH/HM |
|
95/4 |
|
Apr. 21 |
9:45 |
|
44/4 |
|
Apr. 21 |
11:30/12:30 HM/Planet |
Little |
66/4 |
|
Apr. 22 |
9:30 |
|
33/8 |
|
Apr. 22 |
11:00 |
St. Francis of |
50/4 |
|
Apr. 22 |
1:30 |
Lycee Lumiere from Luxeuil |
35/HS |
|
Apr. 23 |
9:30/11:00 SH/HM |
|
66/4 |
|
Apr. 23 |
10:30 |
|
46/4 |
|
Apr. 24 |
9:45/11:00 SH/HM |
|
75/4 |
|
Apr. 24 |
11:30 |
General Federation of Women’s Clubs
of New Hampshire |
35/Adult |
|
Apr. 28 |
9:30/11:00 SH/HM |
|
110/4 |
|
Apr. 29 |
10:00/11:30 SH/HM |
|
88/4 |
|
Apr. 30 |
9:30/11:00 SH/HM |
|
65/4 |
|
Apr. 30 |
10:10 |
Girls Day at the State House –
Commission on the Status of Women |
50/5&6 |
|
Apr. 30 |
12:00 |
|
15/4 |