April 16, 2009
No. 20
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 22, 2009 AT 1:00 P.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. 138
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. 153
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. 145
SB 164-FN-A, relative
to the expansion and funding of northern
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
REPORTS
COMMERCE, LABOR AND CONSUMER PROTECTION
HB 144, relative to title insurance.
Ought to Pass, Vote 4-0.
Senator DeVries for the committee.
ELECTION LAW AND VETERANS' AFFAIRS
HB 35, eliminating the office of vice-president from the presidential primary ballot.
Ought to Pass, Vote 5-0.
Senator Barnes for the committee.
HB 105, relative to voting machines for the counting of ballots.
Ought to Pass, Vote 5-0.
Senator Merrill for the committee.
HB 267, relative to the definition of "election."
Ought to Pass, Vote 5-0.
Senator Houde for the committee.
HB 622, amending the hearing dates of the ballot law commission.
Ought to Pass, Vote 5-0.
Senator Barnes for the committee.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 52-FN, relative to the regulation of massage therapists.
Ought to Pass with Amendment, Vote 5-0.
Senator Cilley for the committee.
HB 77, relative to continuing education requirements for licensed architects.
Ought to Pass, Vote 5-0.
Senator Fuller Clark for the committee.
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.
Ought to Pass with Amendment, Vote 4-1.
Senator Fuller Clark for the committee.
HB 93, relative to the minimum age for fighting sports competitions.
Ought to Pass, Vote 3-0.
Senator Carson for the committee.
HB 116, relative to the membership of the legislative youth advisory council.
Ought to Pass, Vote 5-0.
Senator Carson for the committee.
HB 129, establishing a committee to study the incorporation of electronic filing procedures under the administrative procedures act.
Ought to Pass with Amendment, Vote 5-0.
Senator DeVries for the committee.
HB 316, relative to expenditures by boards and commissions for costs of examinations of applicants.
Ought to Pass, Vote 2-0.
Senator Carson for the committee.
HB 339, ratifying changes to the state building code adopted by the state building code review board and revising the definition of the state building code.
Ought to Pass, Vote 5-0.
Senator Carson for the committee.
HEALTH AND HUMAN SERVICES
HB 64-FN, (New Title) relative to eligibility for Aid to the Needy Blind.
Inexpedient to Legislate, Vote 3-0.
Senator Sgambati for the committee.
HB 497, relative to the automated external defibrillator advisory commission.
Ought to Pass, Vote 3-0.
Senator Kelly for the committee.
HB 544, relative to data collected by health care facilities.
Ought to Pass, Vote 3-0.
Senator Gilmour for the committee.
JUDICIARY
HB 243, authorizing the designation of special assistant attorneys general.
Ought to Pass, Vote 5-0.
Senator Letourneau for the committee.
PUBLIC AND MUNICIPAL AFFAIRS
HB 141, authorizing towns and cities to accept any form of electronic payment.
Ought to Pass, Vote 4-0.
Senator Barnes for the committee.
AMENDMENTS
Senate Executive Departments and Administration
April 15, 2009
2009-1335s
10/05
Amendment to HB 52-FN
Amend RSA 328-B:4, VII(c) as inserted by section 7 of the bill by replacing it with the following:
(c) The qualifications required for a massage therapist which shall include demonstration of passage of the National Certification Examination for Therapeutic Massage Bodywork or any other nationally recognized certifying examination.
Senate Executive Departments and Administration
April 15, 2009
2009-1336s
10/01
Amendment to HB 80
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 Pharmacy Board; Membership; Hospital Pharmacist. Amend RSA 318:2 to read as follows:
318:2 Board. There shall be a pharmacy board consisting of
[6] 7 members; including [5] 6 practicing pharmacists, at
least one of whom shall be a full-time hospital pharmacist, and one public member, each to be appointed by
the governor, with the approval of the council, to a term of 5 years. No member shall be appointed to more than 2
consecutive terms and no member shall serve for more than 10 consecutive years. Only board members provided for in this
section shall have the authority to vote in board determinations.
2 Application. The requirement for pharmacy board membership to include at least one full-time hospital pharmacist shall not affect the appointments of any member of the board serving on the effective date of this act.
3 Effective Date. This act shall take effect 60 days after its passage.
2009-1336s
AMENDED ANALYSIS
This bill adds a pharmacy board member and requires that at least one practicing pharmacist member of the pharmacy board shall be a full-time hospital pharmacist. The bill also limits the service of pharmacy board members to 10 consecutive years.
Senate Executive Departments and Administration
April 15, 2009
2009-1334s
10/04
Amendment to HB 129
Amend paragraph I of section 2 of the bill by replacing it with the following:
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, each of whom shall currently be or have been a member of the joint legislative committee on administrative rules, appointed by the speaker of the house of representatives.
(b) One member of the senate, who shall currently be or have been a member of the joint legislative committee on administrative rules, appointed by the president of the senate.
Amend the bill by replacing section 4 with the following:
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Two members of the committee shall constitute a quorum.
HEARINGS
MONDAY, APRIL 20, 2009
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
AGENCY
PRESENTATIONS ON THE BUDGET:
9:00 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES
11:00 a.m. DEPARTMENT OF INFORMATION TECHNOLOGY
12:00 p.m. BREAK
12:30 p.m. DEPARTMENT OF CULTURAL RESOURCES
1:00 p.m. TREASURY
1:30 p.m. DEPARTMENT OF REVENUE ADMINISTRATION
TRANSPORTATION AND INTERSTATE COOPERATION, Representatives' Hall, SH
Sen. Letourneau (C), Sen. Gilmour (VC), Sen. Fuller Clark, Sen. Kelly, Sen. Gatsas
9:00 a.m. HB 383, relative to passenger restraints.
EXECUTIVE SESSION MAY
FOLLOW
TUESDAY, APRIL 21, 2009
COMMERCE, LABOR AND CONSUMER PROTECTION, Room 102, LOB
Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge
8:30 a.m. HB 240-FN, relative to workers' compensation for death.
(the previous hearing for HB 240-FN was recessed on April 14th in order to address a proposed amendment)
8:45 a.m. HB 602-FN-A, relative to costs associated with cashing payroll checks.
9:00 a.m. HB 120-FN-L, relative to the installation of carbon monoxide detectors in single and multi-family dwellings.
9:15 a.m. HB 530-FN, relative to inspection of public buildings for compliance with access standards.
EXECUTIVE SESSION MAY
FOLLOW
EDUCATION, Room 103, LOB
Sen. Kelly (C), Sen. Merrill (VC), Sen. Fuller Clark, Sen. Lasky, Sen. Bragdon, Sen. Letourneau
10:15 a.m. HB 154, relative to truancy.
10:45 a.m. HB 332, establishing a commission to study school discipline.
11:00 a.m. HB 527, repealing the coordinated school health committee and relative to health education in kindergarten through grade 12.
EXECUTIVE SESSION MAY
FOLLOW
ELECTION LAW AND VETERANS' AFFAIRS, Room 101, LOB
Sen. Lasky (C), Sen. Houde (VC), Sen. Merrill, Sen. Barnes, Sen. Carson
9:00 a.m. HJR 3, recognizing the historic milestone represented by the New Hampshire senate being the first legislative body in the United States with women as the majority of its members.
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 84-FN, relative to the regulation of reflexologists, structural integrators, and Asian bodywork therapists.
2:15 p.m. HB 282-FN-A, (New Title) relative to meetings of the medical/vision advisory board.
2:30 p.m. HB 408-FN, relative to the regulation of physicians and physician assistants by the board of medicine.
2:45 p.m. HB 464-FN, relative to certain duties of the department of administrative services and relative to credit card contracts for state agencies.
3:00 p.m. HB 570-FN-A, requiring the department of transportation to convey ownership of Skyhaven airport to the Pease development authority.
3:15 p.m. HB 587-FN, establishing an information and analysis center within the department of safety.
3:30 p.m. HB 599-FN, relative to reclassification of the position of forensic toxicologist in the department of safety.
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 301, establishing a task force to study access to dental care.
8:40 a.m. HB 414, establishing a commission to
study preventing dental disease among
EXECUTIVE SESSION MAY
FOLLOW
WAYS AND MEANS, Room 100, SH
Sen. Odell (C), Sen. D'Allesandro (VC), Sen. Janeway, Sen. Reynolds, Sen. Gilmour, Sen. Downing
10:15 a.m. Revenue estimate hearings to Senate Ways
and Means Committee from the Chair, House Ways & Means; Commissioner,
Department of Revenue Administration; LBA and the Governor's Office.
THURSDAY, APRIL 23, 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 117, repealing the gas utility restructuring oversight committee.
8:40 a.m. HB 61, relative to a definition of "sustainable energy."
9:00 a.m. HB 229, clarifying the eligibility requirements for class IV renewable energy generating facilities.
9:20 a.m. HB 55, (New Title) relative to energy facility siting construction and operation.
EXECUTIVE SESSION MAY
FOLLOW
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
AGENCY
PRESENTATIONS ON THE BUDGET:
10:30 a.m. DEPARTMENT OF TRANSPORTATION
11:30 a.m. FISH AND GAME DEPARTMENT
12:00 p.m. BREAK
12:30 p.m. DEPARTMENT OF SAFETY
1:30 p.m. DEPARTMENT OF ADMINISTRATIVE SERVICES
2:30 p.m. RETIREMENT SYSTEM
3:30 p.m. RACING AND CHARITABLE GAMING COMMISSION
4:30 p.m. OFFICE OF ENERGY AND PLANNING
JUDICIARY, Rooms 201-203, LOB
Sen. Reynolds (C), Sen. Lasky (VC), Sen. Houde, Sen. Roberge, Sen. Letourneau
1:00 p.m. HB 415, adding certain terms regarding non-discrimination to the laws.
EXECUTIVE SESSION MAY
FOLLOW
PUBLIC AND MUNICIPAL AFFAIRS, Room 103, LOB
Sen. DeVries (C), Sen. Houde (VC), Sen. Sgambati, Sen. Roberge, Sen. Barnes
8:30 a.m. HB 44, relative to the use of alternates by local land use boards.
8:45 a.m. HB 189, enabling municipalities to establish energy commissions.
9:00 a.m. HB 210, relative to public access to minutes of local land use boards.
9:15 a.m. HB 534, relative to the selection of members of zoning boards of adjustment.
EXECUTIVE SESSION MAY
FOLLOW
TRANSPORTATION AND INTERSTATE COOPERATION, Room 101, LOB
Sen. Letourneau (C), Sen. Gilmour (VC), Sen. Fuller Clark, Sen. Kelly, Sen. Gatsas
10:30 a.m. HB 178, naming a bridge on
10:40 a.m. HB 552, renaming a bridge across the
Connecticut River the
10:50 a.m. HB 485, establishing a committee to study enforcement of walking disability placard violations.
11:05 a.m. HB 613, establishing a committee to study the advantages and disadvantages of state acquisition of the remaining rail corridors.
EXECUTIVE SESSION MAY
FOLLOW
FRIDAY, APRIL 24, 2009
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
AGENCY
PRESENTATIONS ON THE BUDGET:
9:00 a.m. JUDICIAL BRANCH
10:00 a.m. DEPARTMENT OF JUSTICE
11:00 a.m. DEPARTMENT OF CORRECTIONS
12:00 p.m. BREAK
12:30 p.m. JUDICIAL COUNCIL
1:00 p.m. LIQUOR COMMISSION
2:00 p.m. BOARD OF TAX & LAND APPEALS
MONDAY, APRIL 27, 2009
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
AGENCY
PRESENTATIONS ON THE BUDGET:
9:00 a.m. DEPARTMENT OF RESOURCES & ECONOMIC DEVELOPMENT
10:00 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES
11:00 a.m. DEPARTMENT OF EDUCATION
12:00 p.m. BREAK
12:30 p.m. UNIVERSITY SYSTEM OF
1:00 p.m. COMMUNITY COLLEGE SYSTEM OF
TUESDAY, APRIL 28, 2009
HEALTH AND HUMAN SERVICES, Room 103, SH
Sen. Sgambati (C), Sen. Gilmour (VC), Sen. Kelly, Sen. Gallus, Sen. Downing
8:30 a.m. HB 467-FN, relative to the review and adjustment of child support orders.
8:45 a.m. HB 501, relative to recovery of assistance by the department of health and human services.
9:00 a.m. HB 658-FN, relative to housing assistance for recipients of Temporary Assistance to Needy Families (TANF).
EXECUTIVE SESSION MAY
FOLLOW
THURSDAY, APRIL 30, 2009
CAPITAL BUDGET, Room 100, SH
Sen. Janeway (C), Sen. Hassan (VC), Sen. D'Allesandro, Sen. Kelly, Sen. Gatsas, Sen. Downing
8:30 a.m. HB 25-FN-A, making appropriations for capital improvements.
EXECUTIVE SESSION MAY
FOLLOW
PUBLIC AND MUNICIPAL AFFAIRS, Room 103, LOB
Sen. DeVries (C), Sen. Houde (VC), Sen. Sgambati, Sen. Roberge, Sen. Barnes
8:30 a.m. HB 88, prohibiting filing with the registry of deeds a document that includes an individual's armed forces service number.
8:45 a.m. HB 156-L, authorizing planning boards to require third party review and inspection.
9:00 a.m. HB 253, relative to the Gunstock area commission.
9:15 a.m. HB 320-L, relative to agreements between central business service districts and municipalities for infrastructure improvements.
EXECUTIVE SESSION MAY
FOLLOW
MEETINGS
FRIDAY, APRIL 17, 2009
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
9:00 a.m. Rooms 210-211, LOB Regular Business
9:30 a.m. Rooms 210-211, LOB Audits
State
of
Commission for Human Rights
Financial Audit Report
For the Six Months Ended December 31, 2008
State
of
Liquor Commission
Performance Audit Report
April 2009
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
CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2)
2:00 p.m. Room 201, LOB Regular Business
3:00 p.m. Room 201, LOB Regular Business
WEDNESDAY, APRIL 22, 2009
ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)
8:30 a.m. Room 304, LOB Public Sector Working Group
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
LEGISLATIVE ETHICS COMMITTEE (RSA 14-B:2) AND EXECUTIVE BRANCH ETHICS COMMITTEE (RSA 21-G:29)
10:00 a.m. Room 206, LOB Joint Meeting
TASK FORCE ON HOMELESS TEENAGERS (HB 537, Chapter 273:1, Laws of 2008)
10:00 a.m. Room 207, LOB Regular Meeting
WATER RESOURCES COMMITTEE (RSA 481:1-b)
10:00 a.m. Room 101, LOB Organizational Meeting
COMMISSION TO STUDY THE CAUSES, EFFECTS, AND REMEDIATION OF SILTATION IN THE GREAT BAY ESTUARY (HB 216, Chapter 31:1, Laws of 2007)
1:00 p.m. NH Department of Regular Meeting
Environmental Services
Pease International Tradeport
Newington/Portsmouth, NH
NH-CANADIAN TRADE COUNCIL (RSA 12-A:2-g)
1:30 p.m. Rooms 301-303, LOB Briefing on Transmission Lines
JOINT COMMITTEE ON LEGISLATIVE FACILITIES (RSA 17-E:2)
2:00 p.m. Room 103, SH Regular Meeting
SENATE LEGISLATIVE FACILITIES SUBCOMMITTEE (RSA 17-E:5)
2:30 p.m. Room 103, SH 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
COMMISSION TO STUDY REQUIREMENTS FOR SAFE AND SECURE LANDFILLS (HB 672, Chapter 252:1, Laws of 2007)
1:00 p.m. Room 304, LOB Regular Meeting
MONDAY, MAY 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
COMMISSION TO STUDY THE PREVENTION OF CHILDHOOD OBESITY (HB 1422, Chapter 219:1, Laws of 2008)
10:00 a.m. Room 205, LOB 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
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
ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)
9:00 a.m. NH Public Utilities Commission Regular Meeting
Hearing
Room A,
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
1:30 p.m. Room 205, LOB Regular Meeting
THURSDAY, MAY 14, 2009
IMPACT OF WATER WITHDRAWALS ON INSTREAM FLOWS STUDY COMMITTEE (SB 330, Chapter 242:1, Laws of 2000)
3:00 p.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
BOARD OF MANUFACTURED HOUSING (RSA 205-A:25)
1:00 p.m. Room 201, LOB Complaint Hearing
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 1, 2009
CITIZENS TRADE POLICY COMMISSION (RSA 19-L:1)
9:00 a.m. Room 307, LOB Regular Meeting
JOINT LEGISLATIVE COMMITTEE ON ELDERLY AFFAIRS (RSA 17-H:2)
10:00 a.m. Rooms 205-207, LOB Regular Meeting
WEDNESDAY, JUNE 3, 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, JUNE 5, 2009
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
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
FRIDAY, JUNE 12, 2009
ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)
9:00 a.m. NH Public Utilities Commission Regular Meeting
Hearing
Room A,
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, JUNE 15, 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
FRIDAY, JUNE 19, 2009
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Regular Meeting
MONDAY, JUNE 22, 2009
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 100, SH Regular Meeting
EQUALIZATION STANDARDS BOARD (RSA 21-J:14-c)
1:00 p.m. NH Department of Revenue Regular Meeting
Administration
Medical & Surgical Building
109 Pleasant Street
FRIDAY, JUNE 26, 2009
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
********
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, 82, 89, 99, 100, 103, 106, 107, 114, 135, 137, 139,
141, 144, 145, 146, 157, 159, 163, 165, 167, 169, 170, 174, 175, 176, 177, 179,
180, 182, 185, 192, 200, 201, 202.
HOUSE BILLS: 30, 41, 52, 56, 64, 90, 112, 120, 193, 216, 223, 240, 256, 279, 296, 302, 313, 334, 378, 384, 395, 408, 423, 424, 429, 433, 437, 460, 464, 530, 570, 580, 585, 587, 592, 600, 602, 671, 685.
********
LEGISLATIVE ETHICS COMMITTEE
Proposed Amendments to the Ethics Guidelines
Following a public
hearing on April 13, 2009, the Legislative Ethics Committee unanimously voted
to adopt recommendations for changes to the Legislature’s Ethics Guidelines,
and to distribute the recommendations to the membership of
The Legislature’s
Ethics Guidelines have been in force since 1992. The Committee is charged by law with
recommending changes to the Guidelines, which are then put to approval votes in
the House and Senate.
Changes currently
recommended by the Committee are designed to harmonize the Guidelines with laws
adopted by the Legislature in recent sessions regulating acceptance of gifts, honoraria
and expense reimbursements. Those laws
generally prohibit legislators from accepting gifts in connection with their
official duties, subject to certain specific exceptions. They also limit legislators’ acceptance of
other payments in the form of honoraria or reimbursement of expenses.
Previously, the
Guidelines regulated acceptance of gifts and other payments in more general
terms. Incorporating the recent, more
specific statutory provisions into the Guidelines is designed to reduce
potential for confusion and to make the Guidelines a handy single source of
information for legislators and the public.
Specifically,
Committee’s recommended changes include:
·
adopting
statutory definitions of “expense reimbursement,” “family member,” “gift,”
“honorarium,” and “official business;”
·
incorporating
statutory requirements for reporting acceptance of expense reimbursements,
honoraria, and meals with a value greater than $25 consumed at meetings for discussion
of official business; and imposing on such meals an annual aggregate limit of
$250 from a single source;
·
simplifying
the definition of “financial interest;”
·
simplifying
the form for financial disclosure by legislators, (which may be further
simplified by currently pending legislation).
In
accordance with RSA 14-B:3, II, the Committee respectfully requests that the
Senate and House vote to approve the proposed amendments.
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].
ETHICS GUIDELINES
SECTION 1
PRINCIPLES
OF PUBLIC SERVICE
I. Public
Office As A Public Trust
Legislators should treat their office as a public trust, only using the powers and resources of public office to advance public interests, and not to attain personal benefits or pursue any other private interest incompatible with the public good.
II. Principle
Of Independent Objective Judgment
Legislators should employ independent objective judgment in performing their duties, deciding all matters on the merits free from conflicts of interest and both real and apparent improper influences.
III. Principle
Of Accountability
Legislators should assure that government is conducted openly, equitably and honorably in a manner that permits the citizenry to make informed judgments and hold government officials accountable.
SECTION 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]
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.
SECTION 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 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 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 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 --------------.
[II. 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.]
[FOR
THIS SECTION, "FINANCIAL INTEREST" MEANS THAT A CHANGE IN THE LAW
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.]
II.
Disclosure of Financial Interests
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:}
SECTION 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}
SECTION 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 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.
SECTION 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.
SECTION 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 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 22, 2009 - FRIDAY, APRIL 24, 2009
UNH Undergraduate Research Conference
All Legislators are invited to attend the 10th
Annual UNH Undergraduate Research Conference (URC) April 22 - April 24. During
this annual spring celebration of academic excellence, over 850 undergraduate
students will present their original research, scholarship, and creative
presentations at over 20 venues throughout the week on the
Senator Amanda Merrill
********
MONDAY, APRIL 27, 2009
The New Hampshire-Canada Trade Council will host a briefing
on Monday, April 27 at 1:30 p.m. in room 301 of the
Senator Jacalyn L. Cilley
********
TUESDAY, APRIL 28, 2009
Rep. Judith Spang and Sen. Maggie Hassan invite the
public and interested legislators to a public meeting on SB 168 on Tuesday,
April 28th at 5:00 p.m. in the
Senator Margaret Wood Hassan, Majority Leader
********
FRIDAY, MAY 1, 2009
All legislators are invited to attend the Fifth Dartmouth
Symposium on Substance Use on Friday, May 1, 8:30 a.m. - 4:30 p.m. at Alumni
Hall,
Register on-line at www.dartmouth.edu~dcare. Contact Rep. Beth Rodd for more information.
Senator Lou D'Allesandro
********
SENATE SCHEDULE
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
Thursday, November 26, 2009 Thanksgiving
Day (State
Friday, November 27, 2009 Day
after Thanksgiving (State
Friday, December 25, 2009 Christmas
Day (State
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THE STATE OF NEW HAMPSHIRE
SUPREME COURT
In Case No. 2009-0251, Request
for an Opinion of the Justices (Voting Age in Primary Elections II),
the court on April 8, 2009, issued the following order:
The
following request of the senate for an opinion of the justices was adopted on
April 1, 2009, and filed with the supreme court on April 3, 2009:
SENATE RESOLUTION 1
Whereas, SB 21, “An act enabling certain persons to vote in primaries prior to turning 18 years of age,” is presently pending in the senate; and
Whereas, SB 21 would provide that a person who is 17 years of age and who otherwise meets voter eligibility requirements may vote at a state primary election or a presidential primary election preceding a general election at which the person will be 18 years of age; and
Whereas, in Opinion of the Justices (Voting Age in Primaries) issued by the Court on May 19, 2008 in response to the request of the House of Representatives in HR 32 adopted on April 23, 2008, the Court answered in the affirmative the question of whether SB 436 would violate Part I, Article 11 of the New Hampshire Constitution; and
Whereas, in the same Opinion of the Justices, the Court noted that it had not been asked and therefore did not opine upon whether SB 436 would infringe upon the associational rights of political parties guaranteed by the First Amendment to the United States Constitution; and
Whereas, the provisions of SB 21 are identical to SB 436; and
Whereas, the United States Supreme Court has recognized that the freedom of association protected by the First and Fourteenth Amendments to the United States Constitution includes partisan political organization; and
Whereas, a question has arisen as to whether the First and Fourteenth Amendments to the United States Constitution provide greater protection than do Part I, Article 11 and Part I, Article 32 of the New Hampshire Constitution of the associational rights of any political party such that the legislature may allow an otherwise qualified 17-year-old person to vote in a state or presidential primary that precedes a general election at which the person will be 18 years of age, in order to permit such persons to participate in choosing the party’s nominee for the general election; and
Whereas, it is important that this constitutional question be settled before the bill is enacted; now, therefore, be it
Resolved by the Senate:
That the justices of the supreme court be respectfully requested to give their opinion upon the following questions of law:
1. Would enactment of SB 21 to allow voting in a state primary and presidential primary election by 17-year-old persons who will be 18 years of age at the next general election, in order to allow such persons to participate in choosing the party’s nominee for the general election, infringe upon the associational rights guaranteed to political parties under the First and Fourteenth Amendments to the United States Constitution?
2. Do the First and Fourteenth Amendments to the United States Constitution provide greater protection than do Part I, Article 11 and Part I, Article 32 of the New Hampshire Constitution of the associational rights of political parties such that the legislature may allow an otherwise qualified 17-year-old person to vote in a state or presidential primary that precedes a general election at which the person will be 18 years of age, as would be permitted under SB 21?
3. If the Court answers the second question in the affirmative, would SB 21 be constitutional notwithstanding the Opinion of the Justices, No. 2008-292, issued on May 19, 2008?
That the clerk
of the senate transmit copies of this resolution and SB 21 to the Justices of
the
Typewritten memoranda on the
questions presented by the request may be furnished by any legislator, attorney,
organization, interested party, or member of the public on or before April 22,
2009. An original and eight copies of
any memorandum must be filed with the clerk's office.
This order is entered by a single justice (Broderick, C.J.). See Rule 21(7).
Eileen
Fox,
Clerk
Distribution:
Tammy L. Wright, Clerk of the Senate
File
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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 Deborah I. Rivers, Public Information Administrator
|
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 |