April 23, 2009
No. 21
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 29, 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. 162
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. 173
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 120-FN-L, relative to the installation of carbon monoxide detectors in single and multi-family dwellings.
Ought to Pass, Vote 4-1.
Senator Cilley for the committee.
EDUCATION
HB 527, repealing the coordinated school health committee and relative to health education in kindergarten through grade 12.
Ought to Pass with Amendment, Vote 6-0.
Senator Fuller Clark for the committee.
ELECTION LAW AND VETERANS' AFFAIRS
HB 387, relative to observation of voter registration.
Ought to Pass with Amendment, Vote 5-0.
Senator Barnes for the committee.
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.
Ought to Pass, Vote 5-0.
Senator Houde for the committee.
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT
HB 58, designating
segments of the
Ought to Pass, Vote 5-0.
Senator Cilley for the committee.
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.
Ought to Pass, Vote 5-0.
Senator Merrill for the committee.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 84-FN, relative to the regulation of reflexologists, structural integrators, and Asian bodywork therapists.
Ought to Pass, Vote 3-0.
Senator Carson for the committee.
HB 282-FN-A, (New Title) relative to meetings of the medical/vision advisory board.
Ought to Pass, Vote 3-0.
Senator DeVries for the committee.
HB 570-FN-A, requiring the department of transportation to convey ownership of Skyhaven airport to the Pease development authority.
Ought to Pass, Vote 4-0.
Senator Cilley for the committee.
HB 599-FN, relative to reclassification of the position of forensic toxicologist in the department of safety.
Ought to Pass, Vote 2-0.
Senator Carson for the committee.
HEALTH AND HUMAN SERVICES
HB 132, relative to access to case records of the department of health and human services.
Ought to Pass, Vote 4-0.
Senator Sgambati for the committee.
HB 234, establishing a committee to study the certificate of need process.
Ought to Pass with Amendment, Vote 4-0.
Senator Sgambati for the committee.
HB 301, establishing a task force to study access to dental care.
Ought to Pass, Vote 5-0.
Senator Downing for the committee.
HB 414, establishing
a commission to study preventing dental disease among
Ought to Pass, Vote 5-0.
Senator Kelly for the committee.
HB 648-FN, relative to the use of marijuana for medicinal purposes.
Ought to Pass with Amendment, Vote 4-1.
Senator Gilmour for the committee.
JUDICIARY
HB 415, adding certain terms regarding non-discrimination to the laws.
Inexpedient to Legislate, Vote 5-0.
Senator Lasky for the committee.
HB 436-FN-L, relative to civil marriage and civil unions.
Inexpedient to Legislate, Vote 3-2.
Senator Reynolds for the committee.
HB 556-FN, repealing the death penalty.
Ought to Pass with Amendment, Vote 3-2.
Senator Houde for the committee.
PUBLIC AND MUNICIPAL AFFAIRS
HB 44, relative to the use of alternates by local land use boards.
Ought to Pass with Amendment, Vote 5-0.
Senator Barnes for the committee.
HB 210, relative to public access to minutes of local land use boards.
Ought to Pass, Vote 5-0.
Senator Roberge for the committee.
TRANSPORTATION AND INTERSTATE COOPERATION
HB 178, naming a
bridge on
Ought to Pass, Vote 4-0.
Senator Gilmour for the committee.
HB 383, relative to passenger restraints.
Ought to Pass with Amendment, Vote 3-2.
Senator Gilmour for the committee.
HB 552, renaming
a bridge across the Connecticut River the
Ought to Pass, Vote 4-0.
Senator Fuller Clark for the committee.
AMENDMENTS
Public and Municipal Affairs
April 23, 2009
2009-1397s
03/05
Amendment to HB 44
Amend the bill by replacing section 1 with the following:
1 New Paragraph;
III. The chairperson of the local land use board may designate an alternate member of the board to fill the vacancy temporarily until the vacancy is filled in the manner set forth in paragraph I or II. If the vacancy is for an ex officio member, the chairperson may only designate the person who has been appointed to serve as the alternate for the ex officio member.
2009-1397s
AMENDED ANALYSIS
This bill authorizes the chairperson of a planning or other local land use board to designate an alternate to fill a vacancy on the board temporarily.
Health and Human Services
April 21, 2009
2009-1367s
01/09
Amendment to HB 234
Amend the bill by replacing section 5 with the following:
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before February 1, 2010.
Transportation and Interstate Cooperation
April 23, 2009
2009-1402s
03/05
Amendment to HB 383
Amend RSA 265:107-a as inserted by section 2 of the bill by inserting after paragraph IX the following new paragraph:
X. Enforcement of this section by law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been cited or charged with a violation or some other offense; provided, however, that a motor vehicle may be stopped for failure to comply with this section if the seat belt violation is for a person under 18 years of age.
Election Law and Veterans Affairs
April 22, 2009
2009-1388s
03/04
Amendment to HB 387
Amend the bill by replacing section 1 with the following:
1 New Section; Observation of Voter Registration. Amend RSA 654 by inserting after section 7-b the following new section:
654:7-c Observation to Voter Registration. Any person shall have a right, as safety, welfare, and rights of voters permit, to observe in-person voter registration, wherever it is conducted, provided however, that the person may not be positioned within 5 feet of the voter registration table where the exchange of nonpublic information between the applicant for registration and the election official receiving the application may be heard or seen. When a person registers to vote on election day, the ballot clerk, upon adding the persons name to the checklist at the check-in table, shall publicly announce the persons name 2 times and shall publicly announce the address the person has registered as his or her domicile one time. These announcements shall be made in a manner that allows any person appointed as a challenger to hear the announcement. Where the physical layout of a polling place makes it impractical to position challengers or interested voters who are registered at that polling place where they can hear the announcement at the check-in table, the moderator shall arrange an alternative means for challengers or interested voters who are registered to vote at that polling place to be informed of the new voters name and domicile address and be afforded an opportunity to challenge the voter at the check-in table.
Senate Education
April 21, 2009
2009-1372s
04/05
Amendment to HB 527
Amend RSA 186:11, IX(e) as inserted by section 1 of the bill by replacing it with the following:
(e) Submit a report no later than December 1, 2010, and biennially thereafter, prepared in conjunction with the commissioner of the department of education, to the chairpersons of the house and senate education committees, the house health, human services and elderly affairs committee, and the senate health and human services committee, detailing the states efforts in fulfilling the policies relating to health education in kindergarten through grade 12 as set forth in subparagraphs (a)-(d).
Amend the bill by replacing section 3 with the following:
3 Effective Date. This act shall take effect upon its passage.
Senate Judiciary
April 23, 2009
2009-1405s
10/09
Amendment to HB 556-FN
Amend the title of the bill by replacing it with the following:
AN ACT establishing a commission to study the death penalty in
Amend the bill by replacing all after the enacting clause with the following:
1 Commission
Established. There is established a commission to study the death penalty in
2 Membership and Compensation.
I. The commission
shall be composed of the following members who shall reflect the diversity of
the population of
(a) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
(c) The attorney general, or designee.
(d) One representative of the New Hampshire Public Defender, appointed by such organization.
(e) The president of the New Hampshire Bar Association, or designee.
(f) One representative of the New Hampshire Troopers Association, appointed by such association.
(g) One representative of the New Hampshire Association of Criminal Defense Lawyers, appointed by such association.
(h) One representative of the New Hampshire Association of Chiefs of Police, appointed by such association.
(i) Six public members appointed by the governor, representing families of murder victims, religious and ethical organizations, and associations and organizations with concerns and goals related to the death penalty.
(j) One representative of the New Hampshire Police Association, appointed by such association.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
3 Duties. The commission shall study:
I. The purposes to be served by capital punishment and the effectiveness of capital punishment in achieving those purposes.
II. The standards and criteria used to determine whether defendants should be charged with a capital offense.
III. Whether the death penalty should be expanded to include crimes other than those provided for in RSA 630:1, I.
IV. The existence of alternatives to the death penalty that would ensure public safety and address the interests of the families of victims.
V. The costs of prosecuting and defending on appeal a capital offense, including the differences in the cost of prosecution and incarceration in a first degree murder case when the penalty is life without parole as compared with the cost of a death penalty case.
VI. The procedures for bringing and prosecuting a capital murder charge as set forth in RSA 630:5, including, but not limited to, the sufficiency and scope of the aggravating and mitigating factors to be considered by a jury charged with considering the imposition of a death sentence.
VII. Any other
issue that the commission deems relevant to an examination of the death penalty
in
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 house member. The first meeting of the commission shall be held within 45 days of the effective date of this section.
5 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library no later than December 1, 2010.
6 Effective Date. This act shall take effect upon its passage.
2009-1405s
AMENDED ANALYSIS
This bill establishes a commission to study the death penalty
in
Health and Human Services
April 26, 2009
2009-1404s
04/10
Amendment to HB 648-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Findings.
I. Modern medical research has discovered beneficial uses for marijuana in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions, as found by the National Academy of Sciences Institute of Medicine in March 1999.
II. Subsequent studies since the 1999 National Academy of Sciences Institute of Medicine report continue to show the therapeutic value of marijuana in treating a wide array of debilitating medical conditions, including increasing the chances of patients finishing their treatments for HIV/AIDS and hepatitis C.
III. Data from the
Federal Bureau of Investigations Uniform Crime Reports and the Compendium of
Federal Justice Statistics show that approximately 99 out of every 100
marijuana arrests in the
IV. Although
federal law currently prohibits any use of marijuana except under very limited
circumstances, Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana,
Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington have
removed state-level criminal penalties from the medical use and cultivation of
marijuana.
V. States are not
required to enforce federal law or prosecute people for engaging in activities
prohibited by federal law. Therefore,
compliance with this act does not put the state of
VII. The people of
the state of
2 New Chapter; Use of Marijuana for Medicinal Purposes. Amend RSA by inserting after chapter 126-R the following new chapter:
CHAPTER 126-S
Use of Marijuana FOR
MEDICINAL PURPOSES
126-S:1 Definitions. In this chapter:
II. Debilitating medical condition means:
(a) A chronic or terminal disease, or medical condition whose symptoms or result of treatment may include cachexia or wasting syndrome, severe pain that has not responded to previously prescribed medication or surgical measures for more than 3 months, severe nausea, severe vomiting, seizures, or severe, persistent muscle spasms.
(b) A chronic or terminal disease which may include cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, muscular dystrophy, Crohns disease, agitation of Alzheimers disease, or multiple sclerosis.
IV. Designated caregiver means an individual who is at least 21 years of age, who is either a member of the qualifying patients household, a member of the qualifying patients family, or a licensed health care professional, but who is not a qualifying patient, and who has agreed to assist with a patients medical use of marijuana, and who has never been convicted of any drug related offense. A designated caregiver may assist no more than one qualifying patient with the medical use of marijuana.
V. Marijuana means all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plants, fiber produced from such stalks, oil or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination.
VI. Medical use means the acquisition, possession, cultivation, preparation, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a qualifying patients debilitating medical condition or symptoms or results of treatment associated with the patients debilitating medical condition.
VII. Physician means an individual licensed to prescribe drugs to humans under RSA 329 and who possesses certification from the United States Drug Enforcement Administration to prescribe controlled substances, except that in relation to a visiting qualifying patient, physician means an individual licensed to prescribe drugs to humans in the state of the patients residence and who possesses certification from the United States Drug Enforcement Administration to prescribe controlled substances.
VIII. Qualifying patient means an individual who has been diagnosed by a physician as having a debilitating medical condition.
IX. Registry identification card means a document issued by the department that identifies an individual as a qualifying patient or designated caregiver.
X. Unusable marijuana means marijuana seeds, stalks, seedlings, and unusable roots. Seedling means a marijuana plant that has no flowers and is less than 12 inches in height and less than 12 inches in diameter. A seedling shall meet all 3 criteria set forth in this paragraph.
XI. Usable marijuana means the dried leaves and flowers of the marijuana plant and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.
XII. Visiting
qualifying patient means a patient with a debilitating medical condition who
is not a resident of
XIII. Written certification means a document signed by a physician stating that in the physicians professional opinion, after having completed a full assessment of the qualifying patients medical history and current medical condition made in the course of a bona fide physician-patient relationship as defined in RSA 329:1-c, the qualifying patient has a debilitating medical condition, and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient. The written certification shall specify the qualifying patients debilitating medical condition, which also shall be noted in the qualifying patients medical records.
126-S:2 Protections for the Medical Use of Marijuana.
I. A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of marijuana in accordance with this chapter, provided that the qualifying patient possess an amount of marijuana that does not exceed 6 marijuana plants and 2 ounces of usable marijuana. The cultivation process shall occur on the qualifying patients property. A qualifying patient shall remain subject to the provisions of RSA 126-S:5.
II. A designated
caregiver who has been issued and possesses a registry identification card
shall not be subject to arrest, prosecution, or penalty, or denied any right or
privilege, including but not limited to civil penalty or disciplinary action by
a court or occupational or professional licensing board or bureau, for
assisting a qualifying patient to whom he or she is connected through the
departments registration process with the medical use of marijuana in
accordance with this chapter, provided that the designated caregiver possess an
amount of marijuana that does not exceed 6 marijuana plants and 2 ounces
of usable marijuana for the qualifying patient to whom he or she is connected
through the departments registration process.
A designated caregiver shall remain subject to the provisions of RSA
126-S:5.
III. Designated
caregivers and qualifying patients shall be allowed to possess a reasonable
amount of unusable marijuana, including up to 6 seedlings, which shall
not be counted toward the limits in this section.
IV.(a) A qualifying patient is deemed to be lawfully engaged in the medical use of marijuana in accordance with this chapter if the qualifying patient possesses a registry identification card and possesses an amount of marijuana that does not exceed the amount allowed under this chapter.
(b) A designated caregiver is deemed to be lawfully engaged in the medical use of marijuana in accordance with this chapter if the designated caregiver possesses a registry identification card and possesses an amount of marijuana that does not exceed the amount allowed under this chapter. A designated caregiver may only act as the caregiver for a qualifying patient when the designated caregiver is in physical possession of the registry identification card.
(c) The presumptions made in subparagraphs (a)-(b) may be rebutted by evidence that conduct related to marijuana was not for the purpose of treating or alleviating the qualifying patients debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this chapter.
V. A qualifying patient or designated caregiver shall not be subject to arrest, prosecution, or penalty, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for giving marijuana to another qualifying patient or another qualifying patients designated caregiver for the other qualifying patients medical use where nothing of value is transferred in return, or for offering to do the same, or for accepting without consideration marijuana seeds or up to 6 seedlings from a person who is in possession of a valid registry identification card issued under the laws of another state, district, territory, commonwealth or possession of the United States for the medical use of marijuana, provided that the amount of marijuana or marijuana seeds or seedlings so given or received does not exceed the amount of marijuana permitted under paragraphs I and II. The conduct permitted under this paragraph shall not constitute a sale.
VI.(a) No school or landlord may refuse to enroll or lease to, or otherwise penalize, an individual solely for his or her status as a qualifying patient or a designated caregiver, unless failing to do so would put the school or landlord in violation of federal law or regulations.
(b) For the purposes of medical care, including organ transplants, a qualifying patients authorized use of marijuana in accordance with this chapter shall be considered the equivalent of the authorized use of any other medication used at the direction of a physician, and shall not constitute the use of an illicit substance.
(c) An employer shall not discriminate against an individual in hiring, termination, or any term or condition of employment, or otherwise penalize an individual, if the discrimination is based upon either of the following:
(1) The individuals status as a qualifying patient or designated caregiver; or
(2) A qualifying patients positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment.
VII. An individual shall not be denied custody of, or visitation or parenting time with, a minor and there shall be no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the individuals behavior is such that it creates an unreasonable danger to the safety or welfare of the minor as established by clear and convincing evidence.
VIII. A designated caregiver who is a licensed health care professional may receive compensation for costs associated with assisting with the medical use of marijuana. Such compensation shall not constitute the sale of controlled substances.
IX. A physician shall not be subject to arrest, prosecution, or penalty, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by the New Hampshire board of medicine or any other occupational or professional licensing board or bureau, solely for providing written certifications or for otherwise stating that, in the physicians professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patients serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition, provided that nothing shall prevent a professional licensing board from sanctioning a physician for failing to properly evaluate a patients medical condition or otherwise violating the standard of care for evaluating medical conditions.
X. Any marijuana, marijuana paraphernalia, licit property, or interest in licit property that is possessed, owned, or used in connection with the medical use of marijuana as allowed under this chapter, or acts incidental to such use, shall not be seized or forfeited.
XI. An individual
shall not be subject to arrest, prosecution, or penalty, or denied any right or
privilege, including but not limited to a civil penalty or disciplinary action
by a court or occupational or professional licensing board or bureau, simply
for being in the presence or vicinity of the medical use of marijuana as
allowed under this chapter.
XII. A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows, in the jurisdiction of issuance, a visiting qualifying patient to possess marijuana for medical purposes, shall have the same force and effect as a registry identification card issued by the department, provided that the same debilitating medical condition as defined in RSA 126-S:1, II exists.
XIII. Any cardholder who sells or transfers marijuana to an individual who is not allowed to use marijuana for medical purposes under this chapter shall be guilty of a class B felony, shall have his or her registry identification card revoked, and shall be subject to other penalties as provided in RSA 318-B:26. The department may revoke the registry identification card of any cardholder who violates any provision of this chapter, and the cardholder shall be subject to any other penalties established in law for the violation.
126-S:3 Departmental Administration.
I. The department shall issue registry identification cards to qualifying patients who submit all of the following information:
(a) Written certification.
(b) Application or renewal fee.
(c) Name, residential and mailing address, and date of birth of the qualifying patient, except that if the applicant is homeless, no residential address is required.
(d) Name, address, and telephone number of the qualifying patients physician.
(e) Name, address, and date of birth of the qualifying patients designated caregiver, if any.
(f) A statement signed by the qualifying patient, pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.
(g) A signed statement from the designated caregiver, if any, agreeing to be designated as the patients designated caregiver and pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.
II. The department shall not issue a registry identification card to a qualifying patient who is under the age of 18 unless:
(a) The qualifying patients physician has explained the potential risks and benefits of the medical use of marijuana to the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient; and
(b) The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to:
(1) Allow the qualifying patients medical use of marijuana; and
(2) Serve as the qualifying patients designated caregivers; and
(3) Control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient.
III. The
department shall verify the information contained in an application or renewal
submitted pursuant to this section, and shall approve or deny an application or
renewal within 15 days of receiving it. The department may deny an application or
renewal only if the applicant did not provide the information required pursuant
to this section, the applicant previously had a registry identification card
revoked for violating the provisions of this chapter, or if the department
determines that the information provided was falsified. Rejection of an application or renewal is
considered a final department action, subject to judicial review in the
IV. The department shall issue a registry identification card to the designated caregiver, if any, who is named in a qualifying patients approved application. The department shall notify the qualifying patient who has designated someone to serve as his or her designated caregiver if a registry identification card will not be issued to the individual.
V. The department shall issue registry identification cards to qualifying patients and to the designated caregiver within 5 days of approving an application or renewal. Each registry identification card shall expire one year after the date of issuance, unless the physician states in the written certification that he or she believes the qualifying patient would benefit from medical marijuana only until a specified earlier or later date, then the registry identification card shall expire on that date. Registry identification cards shall contain all of the following:
(a) Name, mailing address, and date of birth of the qualifying patient.
(b) Name, address, and date of birth of the qualifying patients designated caregiver, if any.
(c) The date of issuance and expiration date of the registry identification card.
(d) A random 20-digit identification number, containing at least 4 numbers and at least 4 letters, that is unique to the cardholder.
(e) A photograph, if the department decides to require one.
(f) A statement that the qualifying patient is permitted under state law to possess marijuana pursuant to this chapter for his or her medical use.
VI. The following notifications and department responses are required:
(a) A qualifying patient shall notify the department of any change in his or her name, address, or designated caregiver within 10 days of such change.
(b) A qualifying patient who fails to notify the department of any of these changes is subject to a civil infraction, punishable by a penalty of no more than $150. If the qualifying patients certifying physician notifies the department in writing that either the qualifying patient has ceased to suffer from a debilitating medical condition or that the physician no longer believes the patient would receive therapeutic or palliative benefit from the medical use of marijuana, the card is null and void upon notification by the department to the qualifying patient.
(c) A designated caregiver shall notify the department of any change in his or her name or address within 10 days of such change. A designated caregiver who fails to notify the department of any of these changes is subject to a civil infraction, punishable by a penalty of no more than $150.
(d) When a qualifying patient or designated caregiver notifies the department of any change to a name, address, or designated caregiver, the department shall issue the qualifying patient and the designated caregiver a new registry identification card with new random 20-digit identification numbers within 10 days of receiving the updated information and a $10 fee.
(e) A qualifying patient who no longer has a debilitating medical condition and the patients designated caregiver shall return all registry identification cards to the department within 48 hours of receiving the diagnosis by the patients physician. Upon receiving the diagnosis that the patient is no longer suffering from a debilitating medical condition, all unused marijuana in the possession of the qualifying patient and his or her designated caregiver shall be disposed of within 24 hours and the protections of this chapter shall no longer apply.
(f) If a cardholder loses his or her registry identification card, he or she shall notify the department and submit a $10 fee within 10 days of losing the card. Within 5 days after such notification, the department shall issue a new registry identification card with a new random identification number.
VII. Mere possession of, or application for, a registry identification card shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the individual or property of the individual possessing or applying for the registry identification card. The possession of, or application for, a registry identification card shall not preclude the existence of probable cause if probable cause exists on other grounds.
VIII. The department shall create and maintain a confidential registry of qualifying patients and designated caregivers who have applied for and are entitled to receive a registry identification card in accordance with the provisions of this chapter.
(a) No person
shall be permitted to gain access to any information about qualifying patients
and designated caregivers in the departments confidential registry, or any
information otherwise maintained by the department about physicians and primary
care-givers, except for authorized employees of the department in the course of
their official duties and authorized employees of local and state law
enforcement agencies who have stopped or arrested an individual who claims to
be engaged in the medical use of marijuana.
Authorized employees of local and state law enforcement agencies shall
be granted access to the information within the departments confidential
registry only for the purpose of verifying that an individual who has presented
a registry identification card to the state or local law enforcement official
is lawfully in possession of such card.
(b) An individual shall be guilty of a misdemeanor for breaching the confidentiality of information obtained pursuant to this chapter, except that department employees shall be exempt for notifying law enforcement officials about falsified or fraudulent information submitted to the department, provided the employee who suspects that falsified or fraudulent information has been submitted confers with his or her supervisor, and both agree that circumstances exist that warrant reporting.
IX. The department shall submit to the legislature an annual report that does not disclose any identifying information about qualifying patients, designated caregivers, or physicians, but does contain, at a minimum, all of the following information:
(a) The number of applications and renewals filed for registry identification cards.
(b) The number of qualifying patients and designated caregivers approved in the state.
(c) The nature of the debilitating medical conditions of the qualifying patients.
(d) The number of registry identification cards revoked.
(e) The number of physicians providing written certifications for qualifying patients.
X. Where a state or local law enforcement agency encounters an individual who, during the course of the investigation, credibly asserts that he or she is a qualifying patient or designated caregiver, the law enforcement agency shall not provide any information from any marijuana-related investigation of the individual to any law enforcement authority that does not recognize the protection of this chapter and any prosecution of the individual for a violation of this chapter shall be conducted pursuant to the laws of this state.
XI. The
application for qualifying patients registry identification cards shall
include a question asking whether the patient would like the department to
notify him or her of any clinical studies regarding marijuanas risk or
efficacy that seek human subjects. The
department shall inform those patients who answer in the affirmative of any
such studies it is notified of that will be conducted in the
126-S:4 Department Rules. Not later than 120 days after the effective date of this chapter, the department shall adopt rules, pursuant to RSA 541-A, governing the manner in which it shall consider applications for and renewals of registry identification cards for qualifying patients and designated caregivers. The departments rules shall establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this chapter. The department may accept donations from private sources in order to reduce the application and renewal fees.
126-S:5 Prohibitions, Restrictions, and Limitations on the Use of Medical Marijuana.
I. Nothing in this chapter shall exempt any person from arrest or prosecution for:
(a) Being under the influence of marijuana while:
(1) Operating a motor vehicle, commercial vehicle, boat, or vessel, or any other vehicle propelled or drawn by power other than muscular power;
(2) In a workplace or place of employment; or
(3) Operating heavy machinery or handling a dangerous instrumentality.
(b) The use or possession of marijuana by a qualified patient or a designated caregiver:
(1) For purposes other than symptom relief as permitted by this chapter; or
(2) In a manner that endangers the health or well-being of another person;
(c) The smoking of marijuana in any public place, including:
(1) A school bus, public bus, or other public vehicle;
(2) A workplace or place of employment;
(3) The grounds of any school or educational institution;
(4) Any correctional facility; or
(5)
Any public park, public beach, public recreation center, public field,
or youth center.
II. Nothing in this chapter shall be construed to require:
(a) A governmental, private, or any other health insurance provider, health care plan, or medical assistance program to be liable for any claim for reimbursement for the medical use of marijuana;
(b) Any individual or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to use marijuana on or in that property. This chapter shall not limit an individual or entity in lawful possession of property, or an agent of such individual or entity, from expelling an individual who uses marijuana without permission from their property and from seeking civil and criminal penalties for the unauthorized use of marijuana on their property; or
(c) Any accommodation of any medical use of marijuana on the property or premises of any place of employment or on the property or premises of any jail, correctional facility, or other type of penal institution where prisoners reside or persons under arrest are detained. This chapter shall in no way limit an employers ability to discipline an employee for ingesting marijuana in the workplace or working while under the influence of marijuana.
III. Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a fine of $500, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marijuana other than use undertaken pursuant to this chapter.
126-S:6 Affirmative Defense. Except as provided in RSA 126-S:5, it is an affirmative defense to any prosecution of an offense involving marijuana intended for medical use that:
I. The defendant is a qualifying patient in possession of a valid registry identification card and at the time of arrest or prosecution was in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating his or her serious or debilitating medical condition; or
II. The defendant is a designated caregiver in possession of a valid registry identification card and at the time of arrest or prosecution was in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the qualifying patients serious or debilitating medical condition; and
III. The qualifying patient or the qualifying patients designated caregiver was engaged in the acquisition, possession, cultivation, preparation, use, or transportation of marijuana, paraphernalia, or both, relating to the administration of marijuana solely to treat or alleviate the qualifying patients serious or debilitating medical condition or symptoms associated with the qualifying patients serious or debilitating medical condition.
126-S:7 Enforcement.
I. If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this chapter within 20 days of the departments acknowledgment of its receipt, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card.
II. If at any time after the 120 days following the effective date of this chapter the department is not accepting applications, including if it has not adopted rules allowing qualifying patients to submit applications, a notarized statement by a qualifying patient containing the information required in an application, pursuant to RSA 126-S:3, I together with a written certification shall be deemed a valid registry identification card.
126-S:8 Severability. If any provision of this chapter or the application thereof to any individual or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
3 Committee Established.
I. There is established a committee to study the issues related to creating a statewide system for the cultivation and distribution of medical marijuana. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
III. Duties. The committee shall study:
(a) Whether it is advisable to create a statewide distribution system for the cultivation and distribution of medical marijuana.
(b) Whether and how an agency of the state of New Hampshire or an existing health care facility should be authorized to cultivate and dispense marijuana solely for the medical purposes permitted under RSA 126-S.
(c) The procedures and safeguards that would be required to ensure that marijuana is cultivated and dispensed only in quantities sufficient to meet the needs of qualifying patients in the state and in a manner that protects against the illegal possession, distribution and use of marijuana by unauthorized persons.
(d) Any other issues related to the implementation of the medical use of marijuana permitted under RSA 126-S.
IV. Chairperson and 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 30 days of the effective date of this section. Three members of the committee shall constitute a quorum.
V. Report. The committee shall report its findings and
any recommendations for proposed legislation to the speaker of the house of
representatives, the president of the senate, the house clerk, the senate
clerk, the governor, and the state library on or before May 1, 2010.
4 Effective Date. This act shall take effect on January 1, 2010.
HEARINGS
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
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen.
Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
DIVISION II WORK
SESSION:
2:00 p.m. DEPARTMENT OF TRANSPORTATION
3:30 p.m. FISH AND GAME DEPARTMENT
TUESDAY, APRIL 28, 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 530-FN, relative to inspection of public buildings for compliance with access standards.
(the previous hearing for HB 530-FN was recessed on April 21st)
9:00 a.m. HB 187-FN, (New Title) relative to the state building code and establishing a committee to study the sale and installation of manufactured and modular homes and related consumer protections.
9:30 a.m. HB 610-FN, relative to consumer protection from certain practices of mortgage bankers, mortgage brokers, and mortgage loan originators and implementing the S.A.F.E. mortgage licensing act.
9:45 a.m. HB 334-FN, relative to consumer credit.
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 317, relative to conditional approval of nonpublic schools, residency requirements for grants under the New Hampshire incentive program, and scholarships for orphans of veterans.
10:35 a.m. HB 143, relative to procedures for requesting a change of school for a child.
11:05 a.m. HB 509, requiring parental consent for psychological evaluations by school districts.
11:35 a.m. HB 441-FN, relative to CART providers and sign language interpreters.
EXECUTIVE SESSION MAY
FOLLOW
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 276-FN, relative to challenges of voters.
8:45 a.m. HB 432-FN, relative to penalties for telephone harassment involving a number used to facilitate transportation of voters or otherwise to support voting or registering to vote.
9:00 a.m. HB 349, relative to legislator email records.
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 174-FN, establishing a performance measurement system for state agencies.
2:20 p.m. HB 256, relative to the
2:35 p.m. HB 302, (New Title) relative to the
2:50 p.m. HB 598-FN, relative to the regulation of auctioneers by the state board of auctioneers.
3:05 p.m. HB 651-FN, relative to regulation of private investigative agencies and security services.
3:20 p.m. HB 345-FN, allowing physical therapists to practice on animals.
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
DIVISION II WORK
SESSION:
2:00 p.m. DEPARTMENT OF EDUCATION
3:30 p.m. COMMUNITY COLLEGE SYSTEM OF
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
JUDICIARY, Room 103, SH
Sen. Reynolds (C), Sen. Lasky (VC), Sen. Houde, Sen. Roberge, Sen. Letourneau
2:00 p.m. HB 279-FN, relative to certain missing persons.
2:15 p.m. HB 291-FN, relative to a one day/one trial jury duty pilot program.
2:30 p.m. HB 313-FN, relative to the assignment of right of child support enforcement.
2:45 p.m. HB 449-FN, increasing the penalty for unlawful possession or release of criminal records.
3:00 p.m. HB 578-FN-L, relative to testimony by video teleconference.
3:15 p.m. HB 310-FN, relative to reimbursement of mileage for judges and marital masters.
3:30 p.m. HB 473-FN, relative to water treatment plants and penalties for safe drinking water violations.
3:45 p.m. HB 537-FN, relative to penalties for oil spills.
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
AGENCY HEARING:
10:15 a.m. LIQUOR COMMISSION
10:30 a.m. LOTTERY COMMISSION
10:45 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES
11:00 a.m. HB 170, relative to reporting requirements for certain dedicated funds in the department of safety.
11:05 a.m. HB 600-FN, relative to dedicated funds maintained by the state treasurer.
11:10 a.m. HB 429-FN, relative to cider.
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
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 338, relative to definitions of electronic waste.
8:50 a.m. HB 423-FN-A-L, (New Title) requiring the department of environmental services to develop an outreach campaign to disseminate information on recycling materials, including electronic waste.
9:10 a.m. HB 395, (New Title) requiring electric utilities to offer renewable energy source options.
9:30 a.m. HB 384, (New Title) relative to forest management permitting in and near prime wetlands, waivers for work near prime wetlands, and utility maintenance work in any wetland.
9:50 a.m. HB 585-FN, relative to outdoor lighting efficiency.
9:55 a.m. HB 424-FN-A, relative to the land use change tax.
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
10:30 a.m. HB 508, relative to the county-state finance commission.
10:50 a.m. HB 403, clarifying the intent of a transfer of general funds to the highway fund.
11:10 a.m. HB 296-FN-A, (New Title) transferring funds related to oil discharge prevention and cleanup, and an oil fund performance audit.
11:30 a.m. HB 468-FN-L, relative to caps on total billings by the state to the counties for nursing home care.
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 655-FN, extending senior active status to judges over 70 years of age.
2:15 p.m. HB 690-FN, establishing a cold case homicide unit.
2:30 p.m. HB 586-FN, relative to the presence of a law enforcement officer at an administrative license suspension hearing.
2:45 p.m. HB 574-FN-L, authorizing liens for unpaid building code violations and requiring landlord agents for restricted rental property.
3:00 p.m. HB 474-FN, prohibiting the trafficking in persons for the purposes of sexual or labor exploitation.
3:15 p.m. HB 281-FN, increasing the maximum amount of debt or damages for small claims actions and requiring mediation for small claims actions exceeding $5,000 and establishing a fee for the cost of such mediation.
3:30 p.m. HB 538-FN, relative to penalties for water pollution.
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
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 515, (New Title) establishing a commission to study alternate fuel vehicles.
10:45 a.m. HB 608-FN, establishing a committee to oversee the design and construction of a public works employee memorial for public works employees who died in the course of performing public duties.
11:00 a.m. HB 76, establishing a permanent commission to study recommendations of the National Transportation Safety Board.
11:15 a.m. HB 211-FN, relative to drivers' licenses and relative to the definition of "drivers' school."
EXECUTIVE SESSION MAY
FOLLOW
FRIDAY, MAY 1, 2009
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
DIVISION II WORK
SESSION:
10:00 a.m. DEPARTMENT OF SAFETY
11:30 a.m. UNIVERSITY SYSTEM OF
MONDAY, MAY 4, 2009
CAPITAL BUDGET, Room 100, SH
Sen. Janeway (C), Sen. Hassan (VC), Sen. D'Allesandro, Sen. Kelly, Sen. Gatsas, Sen. Downing
AGENCY
PRESENTATIONS:
9:00 a.m. LIQUOR COMMISSION
9:30 a.m. DEPARTMENT OF REVENUE ADMINISTRATION
10:00 a.m. COMMUNITY COLLEGE SYSTEM
10:30 a.m. DEPARTMENT OF RESOURCES & ECONOMIC
DEVELOPMENT
10:45 a.m. VETERANS' HOME
TUESDAY, MAY 5, 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 90-FN, relative to the employment of veterans on Veterans' Day.
9:00 a.m. HB 392-FN, (New Title) establishing an on-premises cigar, beverage, and liquor license.
9:30 a.m. HB 199, (New Title) relative to the warning accompanying a document tendered to settle bodily injury claims subject to certain automobile insurance coverage.
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 688, relative to the chartered public school approval process and relative to open enrollment schools.
11:00 a.m. HCR 7, in support of teen dating violence education.
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 430-FN, removing the statute of limitations on certain crimes committed in furtherance of murder.
2:15 p.m. HB 471-FN, (New Title) relative to willful concealment and fraudulent retail transactions.
2:30 p.m. HB 572-FN, (New Title) relative to proceedings of medical injury claims screening panels.
2:45 p.m. HB 601-FN, relative to claims for compensation from the victims' assistance fund.
EXECUTIVE SESSION MAY
FOLLOW
WILDLIFE, FISH AND GAME AND AGRICULTURE, Room 103, LOB
Sen. Gallus (C), Sen. Janeway (VC), Sen. Merrill, Sen. Gilmour, Sen. Gatsas
2:00 p.m. HB 48, establishing a committee on agriculture in the classroom.
2:05 p.m. HB 407-FN, establishing a lobster and crab landing license, and increasing the fee for the nonresident commercial salt water license.
2:10 p.m. HB 481-FN-A, establishing a recreational saltwater license for taking finfish in coastal and estuarine waters.
2:15 p.m. HB 63, relative to the use of the term "farmers' markets" in corporation names.
2:20 p.m. HB 635, relative to raw milk yogurt.
EXECUTIVE SESSION MAY
FOLLOW
THURSDAY, MAY 7, 2009
CAPITAL BUDGET, Room 100, SH
Sen. Janeway (C), Sen. Hassan (VC), Sen. D'Allesandro, Sen. Kelly, Sen. Gatsas, Sen. Downing
AGENCY
PRESENTATIONS:
8:30 a.m. DEPARTMENT OF TRANSPORTATION
9:00 a.m. ADMINISTRATIVE SERVICES
9:30 a.m. DEPARTMENT OF EDUCATION
MEETINGS
FRIDAY, APRIL 24, 2009
STATE PARK SYSTEM ADVISORY COUNCIL (RSA 216-A:3-k)
11:30 a.m. Rooms 305-307, LOB Regular Meeting
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
NEW HAMPSHIRE-CANADIAN TRADE COUNCIL (RSA 12-A:2-g)
1:30 p.m. Room 301, LOB Regular Meeting
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
ESTABLISHING A TASK FORCE TO STUDY TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) (HB 1461, Chapter 247:1, Laws of 2006)
3:00 p.m. Room 205, LOB Regular Meeting
TUESDAY, APRIL 28, 2009
JOINT LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I:1)
2:00 p.m. Room 102, LOB Regular Meeting
THURSDAY, APRIL 30, 2009
JOINT LEGISLATIVE PERFORMANCE AUDIT AND OVERSIGHT COMMITTEE (RSA 17-N:1)
2:00 p.m. Room 212, LOB Regular Business Meeting
FRIDAY, MAY 1, 2009
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
Cancelled Rooms 306-308, LOB Continued Meeting
ADVISORY COUNCIL ON UNEMPLOYMENT COMPENSATION (RSA 282-A:128)
10:00 a.m. NH Employment Security Subcommittee on Negative Balanced
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
tuesday, MAY 5, 2009
STATEWIDE EDUCATION IMPROVEMENT & ASSESSMENT PROGRAM LEGISLATIVE OVERSIGHT (RSA 193-C:7)
10:00 a.m. Room 207, LOB Department of Education Report to Oversight Committee
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
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
9:00 a.m. Rooms 210-211, LOB Regular Business Meeting
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
INTERBRANCH CRIMINAL AND JUVENILE JUSTICE COUNCIL (RSA 651-E)
1:30 p.m. Administrative Office of the Courts Regular Meeting
tuesday, may 19, 2009
3:00 p.m. Room 201, LOB Regular Business Meeting
THURSDAY, MAY 21, 2009
PUBLIC HEALTH IMPROVEMENT SERVICES COUNCIL (HB 491, Chapter 250:2, Laws of 2007)
2:00 p.m. Department of Health & Regular Meeting
Human Services, Room 312
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
TUESDAY, MAY 26, 2009
ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21)
3:00 p.m. Upham-Walker House Regular Meeting
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
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)
1:00 p.m. Room 205, 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
********
SENATE BILLS AMENDED BY THE HOUSE
SB 49, relative to the board of barbering, cosmetology, and esthetics.
SB 58, relative to the use of
alternating flashing lights on highway maintenance vehicles.
SB 60, (New Title) establishing a commission to study water infrastructure sustainability funding.
SB 95, (New Title) relative to
criminal records checks for volunteers.
SB 155, relative to financial disclosure by legislators.
SB 189, relative to decisions of local
land use boards.
********
ENROLLED BILL
AMENDMENTS ARE AVAILABLE IN THE SENATE CLERK'S OFFICE FOR 2009 BILLS:
HOUSE BILLS:
483, 545.
********
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, 67, 68, 69, 79, 82, 89, 99, 100, 103, 106, 107, 114, 134, 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, 86, 90, 112, 120, 193, 216, 223, 240, 250, 256, 279, 296, 302, 313, 334, 345, 378, 384, 392, 395, 408, 423, 424, 429, 433, 437, 460, 464, 481, 530, 570, 578, 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 Legislatures Ethics Guidelines,
and to distribute the recommendations to the membership of
The Legislatures
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,
Committees 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 [spouses]
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 legislators 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
********
FRIDAY, MAY 8, 2009
In recognition of your support, the New Hampshire Law
Enforcement Officers Memorial Committee cordially invites all legislators
and staff to the 17th Annual
Sylvia B. Larsen, Senate President
********
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
********
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 partys 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 partys 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
********
VISITORS' CENTER SCHEDULE - APRIL & MAY
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 & May 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 Rivers, Public Information Administrator
|
DATE |
TIME |
GROUP |
Group#/Grade |
|
Apr. 24 |
9:45/11:00 SH/HM |
|
75/4 |
|
Apr. 24 |
11:30 |
General Federation
of Womens Clubs of New Hampshire |
35/Adult |
|
Apr. 27 |
9:00 |
World Affairs
Council Polish Mayors |
|
|
Apr. 28 |
9:30/11:00 SH/HM |
|
110/4 |
|
Apr. 28 |
12:00 |
|
10/7&8 |
|
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 |
|
May 1 |
9:30 |
|
42/4 |
|
May 1 |
11:00 |
|
45/4 |
|
May 1 |
11:30 |
St. Catherines
Home School-Pelham |
10 |
|
May 4 |
9:30 |
|
40/4 |
|
May 4 |
10:00 |
Dr. Lewis Soule
School |
58/4 |
|
May 4 |
11:00 |
|
10/4 |
|
May 5 |
9:30/11:00 SH/HM |
|
55/4 |
|
May 5 |
12:00 |
Sacred |
45/4 |
|
May 6 |
9:30 |
|
35/4 |
|
May 6 |
11:00 |
|
21/4 |
|
May 6 |
1:30 |
|
15/4 |
|
May 7 |
9:30 |
|
35/4&6 |
|
May 7 |
10:30 |
|
45/4 |
|
May 7 |
11:00 |
|
35/4 |
|
May 8 |
9:00 |
|
17/4 |
|
May 8 |
9:00 |
|
30/4 |
|
May 8 |
10:15/11:30 SH/SC |
|
84/4 |
|
May 11 |
9:30 |
|
60/4 |
|
May 11 |
10:00/11:30 SH/HM |
|
65/4 |
|
May 12 |
9:00 |
|
16/4 |
|
May 12 |
10:00/11:30 SH/HM |
|
85/4 |
|
May 12 |
1:00 |
|
16/4 |
|
May 13 |
9:30 |
|
50/4 |
|
May 13 |
11:00 |
|
28/4&5 |
|
May 13 |
12:00 |
Presentation of |
48/4 |
|
May 13 |
1:30 |
|
12 |
|
May 14 |
9:00 |
Middle School at
Parkside _Manchester |
48/HS |
|
May 14 |
10:00/11:30 SH/HM |
|
80/4 |
|
May 15 |
10:00 |
|
39/4 |
|
May 15 |
11:30 |
|
40/HS |
|
May 15 |
12:30 |
|
23/4 |
|
May 18 |
9:30 |
|
15/4 |
|
May 18 |
11:00 |
|
50/4 |
|
May 18 |
12:00 |
|
28/4 |
|
May 19 |
9:00 |
|
50/8 |
|
May 19 |
10:30/12:00 SH/HM |
|
110/4 |
|
May 20 |
9:00 |
|
50/4 |
|
May 20 |
10:00 |
|
60/4 |
|
May 20 |
11:00 |
|
33/4 |
|
May 21 |
9:30 |
|
50/4 |
|
May 21 |
10:00 |
Pleasant |
54/4 |
|
May 21 |
1:00 |
|
30/4 |
|
May 22 |
9:00 |
|
65/4 |
|
May 22 |
10:00 |
|
40/4 |
|
May 22 |
11:00 |
|
30/4 |
|
May 26 |
9:00 |
|
20/4 |
|
May 26 |
10:00 |
|
45/4 |
|
May 26 |
11:00 |
|
45/4 |
|
May 27 |
11:00 |
|
21/4 |
|
May 27 |
11:00 |
|
5/6 |
|
May 27 |
12:00 |
Saint Elizabeth
of |
18/4 |
|
May 28 |
9:15 |
Jennie D. Blake
Elementary - Hill |
10/4 |
|
May 28 |
10:30/12:00 SH/HM |
|
75/4 |
|
May 29 |
10:00 |
|
45/4 |
|
May 29 |
11:00 |
Mt. Pleasant
Elementary School |
65/4 |
|
May 29 |
1:00 |
|
28/4 |