May 7, 2009
No. 23
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, MAY 13, 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
HB 383, relative
to passenger restraints. 4/29/09, pending
motion OTP, Transportation & Interstate Cooperation, SJ 13, pg. 261
HB 501, relative to recovery of assistance by the department of health and human services. 5/06/09, pending motion OTP, Health & Human Services, SJ 14, pg. TBA
HB 556-FN, repealing
the death penalty.4/29/09, pending
motion Committee Amendment (1405s), Judiciary, SJ 13, pg. 260
HB 658-FN, relative to housing assistance for recipients of Temporary Assistance to Needy Families (TANF). 5/06/09, pending motion OTP, Health & Human Services, SJ 14, pg. TBA
REPORTS
CAPITAL BUDGET
HB 391, (2nd New Title) authorizing the department of transportation to convey a portion of interstate highways to the bureau of turnpikes, redefining the eastern New Hampshire turnpike, providing for the maintenance and funding of a portion of the eastern New Hampshire turnpike, increasing the aggregate amount of bonds the state may issue, and authorizing the department of transportation to install open road tolling.
Ought to Pass with Amendment, Vote 5-1.
Senator Janeway for the committee.
COMMERCE, LABOR AND CONSUMER PROTECTION
HB 90-FN, relative to the employment of veterans on Veterans' Day.
Ought to Pass with Amendment, Vote 5-1.
Senator DeVries for the committee.
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.
Ought to Pass with Amendment, Vote 6-0.
Senator Reynolds for the committee.
HB 199, (New Title) relative to the warning accompanying a document tendered to settle bodily injury claims subject to certain automobile insurance coverage.
Ought to Pass, Vote 4-0.
Senator Roberge for the committee.
HB 240-FN, relative to workers' compensation for death.
Ought to Pass, Vote 6-0.
Senator Bragdon for the committee.
HB 334-FN, relative to consumer credit.
Ought to Pass with Amendment, Vote 5-0.
Senator Roberge for the committee.
HB 392-FN, (New Title) establishing an on-premises cigar, beverage, and liquor license.
Inexpedient to Legislate, Vote 3-3.
Senator Cilley for the committee.
HB 530-FN, relative to inspection of public buildings for compliance with access standards.
Ought to Pass with Amendment, Vote 4-2.
Senator Hassan for the committee.
HB 602-FN-A, relative to costs associated with cashing payroll checks.
Re-refer to Committee, Vote 5-1.
Senator Reynolds for the committee.
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.
Ought to Pass with Amendment, Vote 6-0.
Senator Hassan for the committee.
EDUCATION
HB 225, relative to room and board scholarships for children of firefighters and police officers.
Ought to Pass, Vote 5-0.
Senator Bragdon for the committee.
HB 441-FN, relative to CART providers and sign language interpreters.
Ought to Pass with Amendment, Vote 5-0.
Senator Merrill for the committee.
HCR 7, in support of teen dating violence education.
Ought to Pass, Vote 5-0.
Senator Lasky for the committee.
ELECTION LAW AND VETERANS' AFFAIRS
HB 276-FN, relative to challenges of voters.
Re-refer to Committee, Vote 4-1.
Senator Carson for the committee.
HB 349, relative to legislator email records.
Inexpedient to Legislate, Vote 5-0.
Senator Barnes for the committee.
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.
Inexpedient to Legislate, Vote 5-0.
Senator Carson for the committee.
HB 623, making various changes to the election laws.
Ought to Pass with Amendment, Vote 5-0.
Senator Houde for the committee.
HB 667-FN, relative to misrepresenting the origin of a campaign call.
Ought to Pass with Amendment, Vote 5-0.
Senator Merrill for the committee.
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT
HB 55, (New Title) relative to energy facility siting construction and operation.
Ought to Pass, Vote 2-0.
Senator Merrill for the committee.
HB 117, repealing the gas utility restructuring oversight committee.
Ought to Pass, Vote 2-0.
Senator Bradley for the committee.
HB 293, amending
the
Ought to Pass with Amendment, Vote 2-0.
Senator Merrill for the committee.
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.
Ought to Pass with Amendment, Vote 4-0.
Senator Odell for the committee.
HB 395, (New Title) requiring electric utilities to offer renewable energy source options.
Ought to Pass with Amendment, Vote 3-0.
Senator Bradley for the committee.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 39-FN, relative to the authority of the state board for the licensing and regulation of plumbers.
Ought to Pass with Amendment, Vote 4-0.
Senator Downing for the committee.
HB 98, relative to reinstatement of lapsed licenses of speech-language pathologists.
Ought to Pass, Vote 3-0.
Senator Carson for the committee.
HB 172, (New Title) allowing naturopathic doctors to dispense prescription drugs which are within their scope of practice.
Ought to Pass with Amendment, Vote 3-0.
Senator Downing for the committee.
HB 174-FN, establishing a performance measurement system for state agencies.
Ought to Pass, Vote 4-0.
Senator Cilley for the committee.
HB 233, relative to the membership of the board of medicine.
Ought to Pass, Vote 3-0.
Senator Carson for the committee.
HB 245, extending study committees and commissions.
Ought to Pass with Amendment, Vote 3-0.
Senator Cilley for the committee.
HB 256, relative
to the
Ought to Pass with Amendment, Vote 4-0.
Senator Carson for the committee.
HB 302, (New
Title) relative to the
Ought to Pass, Vote 3-0.
Senator Downing for the committee.
HB 345-FN, allowing physical therapists to practice on animals.
Ought to Pass, Vote 3-0.
Senator Cilley for the committee.
HB 408-FN, relative to the regulation of physicians and physician assistants by the board of medicine.
Ought to Pass with Amendment, Vote 4-0.
Senator Cilley for the committee.
HB 420-FN, relative to the determination of gainful occupation for a group II member receiving an accidental disability retirement allowance from the retirement system.
Ought to Pass, Vote 2-0.
Senator Carson for the committee.
HB 460, relative to the system of visitor centers.
Ought to Pass, Vote 3-1.
Senator Cilley for the committee.
HB 464-FN, relative to certain duties of the department of administrative services and relative to credit card contracts for state agencies.
Ought to Pass, Vote 4-0.
Senator Downing for the committee.
HB 476-FN, (New Title) relative to modifying the quorum requirement and relative to filing fees for eminent domain proceedings before the board of tax and land appeals.
Ought to Pass, Vote 4-0.
Senator DeVries for the committee.
HB 532-FN, excluding extra or special duty pay from earnable compensation in the retirement system.
Inexpedient to Legislate, Vote 4-0.
Senator Cilley for the committee.
HB 587-FN, establishing an information and analysis center within the department of safety.
Ought to Pass with Amendment, Vote 3-1.
Senator Cilley for the committee.
HB 590-FN, relative to the retirement age for group II members.
Ought to Pass with Amendment, Vote 4-0.
Senator Cilley for the committee.
HB 598-FN, relative to the regulation of auctioneers by the state board of auctioneers.
Re-refer to Committee, Vote 4-0.
Senator DeVries for the committee.
HB 641-FN-L, relative to the determination of employer assessments for excess benefits paid by employers in the retirement system.
Ought to Pass with Amendment, Vote 4-0.
Senator Downing for the committee.
HB 651-FN, relative to regulation of private investigative agencies and security services.
Re-refer to Committee, Vote 4-0.
Senator Carson for the committee.
FINANCE
HB 467-FN, relative to the review and adjustment of child support orders.
Ought to Pass, Vote 6-0.
Senator Sgambati 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 6-0.
Senator D'Allesandro for the committee.
HEALTH AND HUMAN SERVICES
HB 250, relative to access to information in the abuse and neglect of adults registry and relative to persons providing child care or child placing services who are charged with a crime.
Inexpedient to Legislate, Vote 5-0.
Senator Sgambati for the committee.
HB 378-FN-A, (New Title) relative to fees for methadone detoxification and maintenance programs.
Ought to Pass with Amendment, Vote 2-0.
Senator Sgambati for the committee.
HB 433-FN-A, (New Title) relative to funding the law requiring reporting of hospital infections.
Ought to Pass, Vote 2-0.
Senator Gallus for the committee.
HB 529-FN, relative to the healthy kids program.
Ought to Pass, Vote 3-0.
Senator Gilmour for the committee.
HB 580-FN, relative to health information and patient rights.
Inexpedient to Legislate, Vote 4-1.
Senator Gallus for the committee.
HB 592-FN, (New Title) relative to adverse events in hospitals and ambulatory surgical centers.
Ought to Pass with Amendment, Vote 4-0.
Senator Downing for the committee.
JUDICIARY
HB 279-FN, relative to certain missing persons.
Ought to Pass with Amendment, Vote 5-0.
Senator Letourneau for the committee.
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.
Ought to Pass, Vote 5-0.
Senator Letourneau for the committee.
HB 291-FN, relative to a one day/one trial jury duty pilot program.
Inexpedient to Legislate, Vote 5-0.
Senator Houde for the committee.
HB 313-FN, relative to the assignment of right of child support enforcement.
Ought to Pass, Vote 5-0.
Senator Lasky for the committee.
HB 430-FN, removing the statute of limitations on certain crimes committed in furtherance of murder.
Ought to Pass, Vote 3-2.
Senator Reynolds for the committee.
HB 449-FN, increasing the penalty for unlawful possession or release of criminal records.
Inexpedient to Legislate, Vote 5-0.
Senator Roberge for the committee.
HB 471-FN, (New Title) relative to willful concealment and fraudulent retail transactions.
Ought to Pass with Amendment, Vote 5-0.
Senator Letourneau for the committee.
HB 473-FN, relative to water treatment plants and penalties for safe drinking water violations.
Ought to Pass with Amendment, Vote 5-0.
Senator Lasky for the committee.
HB 474-FN, prohibiting the trafficking in persons for the purposes of sexual or labor exploitation.
Ought to Pass with Amendment, Vote 5-0.
Senator Reynolds for the committee.
HB 537-FN, relative to penalties for oil spills.
Ought to Pass, Vote 5-0.
Senator Lasky for the committee.
HB 538-FN, relative to penalties for water pollution.
Ought to Pass with Amendment, Vote 5-0.
Senator Lasky for the committee.
HB 572-FN, (New Title) relative to proceedings of medical injury claims screening panels.
Ought to Pass, Vote 4-1.
Senator Reynolds for the committee.
HB 574-FN-L, authorizing liens for unpaid building code violations and requiring landlord agents for restricted rental property.
Re-refer to Committee, Vote 3-2.
Senator Houde for the committee.
HB 578-FN, relative to testimony by video teleconference.
Ought to Pass with Amendment, Vote 5-0.
Senator Letourneau for the committee.
HB 586-FN, relative to the presence of a law enforcement officer at an administrative license suspension hearing.
Inexpedient to Legislate, Vote 5-0.
Senator Roberge for the committee.
HB 601-FN, relative to claims for compensation from the victims' assistance fund.
Ought to Pass with Amendment, Vote 5-0.
Senator Roberge for the committee.
HB 655-FN, extending senior active status to judges over 70 years of age.
Ought to Pass with Amendment, Vote 4-1.
Senator Reynolds for the committee.
HB 690-FN, establishing a cold case homicide unit.
Ought to Pass with Amendment, Vote 5-0.
Senator Houde for the committee.
PUBLIC AND MUNICIPAL AFFAIRS
HB 107, making technical corrections to the law on taxation of farm structures and land under farm structures.
Ought to Pass, Vote 4-0.
Senator DeVries for the committee.
HB 115, relative to licenses for the operation of motor vehicle recycling yards and junk yards.
Ought to Pass, Vote 4-0.
Senator Roberge for the committee.
HB 142, relative to extending municipal leases.
Ought to Pass, Vote 4-0.
Senator Houde for the committee.
HB 189, enabling municipalities to establish energy commissions.
Ought to Pass with Amendment, Vote 3-1.
Senator Houde for the committee.
HB 290, (New Title) authorizing fluvial erosion hazard ordinances.
Ought to Pass with Amendment, Vote 4-0.
Senator Barnes for the committee.
HB 315, clarifying a law relative to junkyards within industrial areas.
Ought to Pass, Vote 4-0.
Senator Barnes for the committee.
TRANSPORTATION AND INTERSTATE COOPERATION
HB 112, relative to addresses on motor vehicle registrations.
Ought to Pass with Amendment, Vote 4-0.
Senator Gilmour for the committee.
HB 186, (New Title) relative to rulemaking concerning rafts on public waters and prohibiting the rental of a motorized watercraft to a person who does not have a certificate of boating safety education.
Ought to Pass, Vote 4-0.
Senator Letourneau for the committee.
HB 372, (New Title) relative to drivers licenses for persons with certain seizure disorders.
Inexpedient to Legislate, Vote 4-0.
Senator Gilmour for the committee.
HB 485, establishing a committee to study enforcement of walking disability placard violations.
Ought to Pass, Vote 4-0.
Senator Letourneau for the committee.
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.
Ought to Pass, Vote 4-0.
Senator Kelly for the committee.
HB 613, establishing a committee to study the advantages and disadvantages of state acquisition of the remaining rail corridors.
Inexpedient to Legislate, Vote 3-1.
Senator Letourneau for the committee.
WAYS AND MEANS
HB 97, relative to the lottery commission's ability to make rules concerning the Multi-State Lottery Association.
Ought to Pass, Vote 7-0.
Senator Gilmour for the committee.
HB 193-FN, establishing a fee for certification of reduced ignition propensity cigarettes.
Ought to Pass with Amendment, Vote 6-1.
Senator Janeway for the committee.
HB 429-FN, relative to cider.
Ought to Pass with Amendment, Vote 6-1.
Senator Odell for the committee.
HB 437, relative
to the operation of the
Ought to Pass, Vote 7-0.
Senator D'Allesandro for the committee.
HB 654-FN, (New Title) relative to the dam maintenance revolving fund.
Ought to Pass, Vote 7-0.
Senator Reynolds for the committee.
HB 696-FN-L, relative to fees for registration of criminal offenders.
Inexpedient to Legislate, Vote 7-0.
Senator Downing for the committee.
WILDLIFE, FISH AND GAME AND AGRICULTURE
HB 48, establishing a committee on agriculture in the classroom.
Ought to Pass, Vote 5-0.
Senator Merrill for the committee.
HB 63, relative to the use of the term "farmers' markets" in corporation names.
Ought to Pass, Vote 5-0.
Senator Gilmour for the committee.
HB 148, relative to the sale and vaccination of animals.
Ought to Pass, Vote 5-0.
Senator Janeway for the committee.
HB 407-FN, establishing a lobster and crab landing license, and increasing the fee for the nonresident commercial salt water license.
Ought to Pass, Vote 5-0.
Senator Janeway for the committee.
HB 481-FN-A, establishing a recreational saltwater license for taking finfish in coastal and estuarine waters.
Ought to Pass, Vote 5-0.
Senator Merrill for the committee.
HB 635, relative to raw milk yogurt.
Ought to Pass, Vote 5-0.
Senator Gilmour for the committee.
AMENDMENTS
Senate Executive Departments and Administration
May 7, 2009
2009-1576s
10/04
Amendment to HB 39-FN
Amend the bill by replacing section 1 with the following:
1 New Section; Inactive Status During Active Military Service. Amend RSA 329-A by inserting after section 11 the following new section:
329-A:11-a Inactive
Status During Active Military Service. Upon the request of a person licensed or
certified by the board who is a member of any reserve component of the armed
forces of the
Commerce, Labor and Consumer Protection
May 7, 2009
2009-1570s
08/09
Amendment to HB 90-FN
Amend RSA 115-A:29 as inserted by section 1 of the bill by replacing it with the following:
115-A:29 Veteran Holidays.
I. Any veteran who has received an honorable discharge from the armed forces shall have a preference not to work during the 24 hours comprising Veterans Day or within 24 hours of the aforementioned holiday without penalty provided that the employee gives advanced notice in accordance with company policies and procedures. Nothing in this subdivision shall be construed to require the employer to pay the veteran for wages on Veterans Day if the veteran chooses not to work in accordance with this subdivision.
II. Emergency responders such as police, firefighters, emergency medical technicians, and 911 operators and medical personnel whose offices or supervisors require minimal staffing shall have the holiday preference described in paragraph I so long as there is another qualified emergency responder available.
2009-1570s
AMENDED ANALYSIS
This bill allows honorably discharged veterans no longer active in the armed forces to have a preference not to work on Veterans Day.
This bill also allows emergency responders and certain medical personnel who are honorably discharged veterans no longer in the armed forces to have a preference not to work on Veterans Day so long as another emergency responder is available.
Transportation and Interstate Cooperation
May 7, 2009
2009-1561s
03/04
Amendment to HB 112
Amend RSA 261:52-c as inserted by section 1 of the bill by replacing it with the following:
261:52-c Re-Registration
by Residents Without a
Senate Executive Departments and Administration
May 6, 2009
2009-1524s
01/04
Amendment to HB 172
Amend the bill by replacing section 2 with the following:
2 Effective Date. This act shall take effect upon its passage.
Commerce, Labor and Consumer Protection
May 7, 2009
2009-1547s
05/09
Amendment to HB 187-FN
Amend the bill by replacing section 1 with the following:
1 State Building Code; Permits and Fees. Amend RSA 155-A:2, IV to read as follows:
IV. To the extent that it does not conflict with any other provision of law, and except as otherwise provided in this paragraph, the issuance of permits and the collection of fees pursuant to the state building code is expressly reserved for counties, towns, cities, and village districts. Pursuant to the state fire marshals authority to enforce the state building code under RSA 155-A:7, I, the fire marshal may establish for municipalities that do not have a building inspector, with approval of the commissioner of safety and by rules adopted under RSA 541-A, fees to defray the cost of issuing building permits in accordance with the state building code. Such fees shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.
Amend the bill by deleting section 2 and renumbering the original sections 2-8 to read as 2-7, respectively.
2009-1547s
AMENDED ANALYSIS
This bill:
I. Permits the state fire marshal to establish, by rule, fees associated with administration and enforcement of the state building code.
II. Establishes a committee to study the sale and installation of manufactured and modular homes and related consumer protections.
Public and Municipal Affairs
May 7, 2009
2009-1553s
06/09
Amendment to HB 189
Amend RSA 38-D:3 as inserted by section 1 of the bill by replacing it with the following:
38-D:3 Membership. The commission shall consist of no fewer than 3 nor more than 10 members. In cities, the members of the commission shall be appointed by the city council subject to the provisions of the city charter, and in towns the members of the commission shall be appointed by the board of selectmen. Alternate members may be appointed in a like manner and when the alternate serves in the absence or disqualification of a regular member, the alternate shall have full voting powers. When a commission is first established, terms of the members shall be for one, 2, or 3 years, and so arranged that the terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed for terms of 3 years each. Any member of a commission so appointed may, after a public hearing with notice under RSA 675:7, if requested, be removed for cause by the appointing authority. A vacancy occurring other than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment. Members of an energy commission shall be residents of the city or town which they represent. Members of an energy commission also may serve on other municipal boards and commissions, including but not limited to, a conservation commission under RSA 36-A, local planning boards under RSA 672, historic district commission established under RSA 673:4, and a heritage commission established under RSA 673:4‑a.
Amend RSA 38-D:5, I as inserted by section 1 of the bill by replacing it with the following:
I. A town or city, having established an energy commission, may appropriate money as necessary for the purpose of this chapter. All or any part of money so appropriated in any year and any gifts of money received under this chapter may be placed in an energy commission fund and allowed to accumulate from year to year. Money may be expended from such fund by the energy commission for the purposes of this chapter without further approval of the town meeting; however, acceptance of gifts over $500 and disbursements over $500 shall require a public hearing with notice under RSA 675:7 and approval of the governing body.
Senate Ways and Means
May 6, 2009
2009-1520s
05/10
Amendment to HB 193-FN
Amend RSA 339-F:6 as inserted by section 1 of the bill by inserting after paragraph VI the following new paragraph:
VII. The state fire marshal shall submit an annual report by December 31 relative to certification of reduced ignition propensity cigarettes to the standing committees in the house of representatives and the senate with jurisdiction over matters pertaining to health and human services and ways and means.
Senate Executive Departments and Administration
May 6, 2009
2009-1522s
09/04
Amendment to HB 245
Amend the bill by replacing section 4 with the following:
4 Commission to Study Automobile Recycling Issues. Amend 2007, 273:5 and 273:6 to read as follows:
273:5 Report. The commission shall make an interim report
of its findings and any recommendations for proposed legislation to the speaker
of the house of representatives, the president of the senate, the chairperson
of the house executive departments and administration committee, the
chairperson of the environment and agriculture committee, the house clerk, the
senate clerk, the governor, and the state library on or before November 1,
2007. The commission shall make a final
report of its findings, if any, and recommendations for proposed legislation,
if any, to the speaker of the house of representatives, the president of the senate,
the chairperson of the house executive departments and administration
committee, the chair person of the environment and agriculture committee, the
house clerk, the senate clerk, the governor, and the state library on or before
November 1, [2008] 2010.
273:6 Repeal. The study commission established in this act
relative to automobile recycling issues, is repealed effective November 1, [2008] 2010.
Senate Executive Departments and Administration
May 7, 2009
2009-1573s
10/04
Amendment to HB 256
Amend the bill by replacing section 13 with the following:
13 New Paragraphs; Renewal; Rulemaking; Inactive Status. Amend RSA 309-B:7 by inserting after paragraph XII the following new paragraphs:
XIII. The board shall by rule require as a condition for renewal of a certificate under this section, by any certificate holder who issues compilation reports for the public other than through a CPA firm, that such individual undergo, no more frequently than once every 3 years, a peer review conducted in such manner as the board shall by rule specify, and such review shall include verification that such individual has met the competency requirements set out in professional standards for such services.
XIV. Upon the
request of a licensee or certificate holder who is a member of any reserve component
of the armed forces of the
Senate Judiciary
May 6, 2009
2009-1537s
01/10
Amendment to HB 279-FN
Amend RSA 106-J:3, III(c) as inserted by section 3 of the bill by replacing it with the following:
(c) Whose age at the time he or she is first reported missing is 55 years of age or older and who has a verified impaired mental condition; and
Amend the bill by replacing section 4 with the following:
4 Effective Date. This act shall take effect July 1, 2010.
Public and Municipal Affairs
May 7, 2009
2009-1555s
03/10
Amendment to HB 290
Amend RSA 674:56, II(b) as inserted by section 2 of the bill by replacing it with the following:
(b) Any fluvial erosion hazard zoning shall be based
on delineation of zones consistent with any fluvial erosion hazard protocols
established by the department of environmental services in effect on the date of
its adoption. If the planning board of a
municipality proposes to adopt, by ordinance or amendment, a fluvial erosion
hazard ordinance or an amendment to a fluvial erosion hazard ordinance, the
board shall, prior to determining the final form of the ordinance or amendment
under RSA 675:2 or RSA 675:3, submit to the department of environmental
services a map of all fluvial erosion hazard zones. The department shall review the map and advise
the board within 30 days whether the map and zones are consistent with
department protocols. The departments
comments, if any, shall be advisory only.
Energy, Environment and Economic Development
May 7, 2009
2009-1556s
04/10
Amendment to HB 293
Amend the bill by replacing section 1 with the following:
1 Hampton Beach Area Commission; Commission Members. Amend RSA 216-J:2, I-II to read as follows:
I. The [9] members of the commission
shall be as follows:
(a) Two
members representing the town of
(b) Two
members representing the
(c) One member representing the Hampton Area Chamber of Commerce, appointed by its board of directors.
(d) One member representing the Rockingham regional planning commission, appointed by its board of directors.
(e) The commissioner of the department of resources and economic development, or designee.
(f) The commissioner of the department of transportation, or designee.
(g) [The
director of the office of energy and planning, or designee.] One member to be appointed by a majority vote
of the commission.
II.(a) [The
appointed members shall serve for 3-year terms commencing with the effective
date of this chapter.] Effective November 1, 2009, members of the
commission shall serve staggered terms as follows:
(1) One of the members appointed under
subparagraph I(a) shall serve a 3-year term and the other member shall serve a
2-year term.
(2) One of the members appointed under subparagraph
I(b) shall serve a 3-year term and the other member shall serve a one-year
term.
(3) The member appointed under subparagraph I(c)
shall serve a 2-year term.
(4) The members appointed under subparagraphs
I(d) and I(g) shall serve one-year terms.
(b) Following the staggering of terms, subsequent terms of commission members appointed under subparagraphs I(a)-(d) shall be for 3 years. The term of members designated to serve under subparagraphs I(e)-(f) shall be coterminous with his or her term in office. Vacancies shall be filled for an unexpired term in the same manner and by the same body as the original appointment was made.
Commerce, Labor and Consumer Protection
May 7, 2009
2009-1566s
08/04
Amendment to HB 334-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to consumer credit and amending the St. Marys Bank Charter.
Amend the bill by replacing all after section 25 with the following:
26 Definitions; Control. RSA 361-A:1, III-b-III-c are repealed and reenacted to read as follows:
III-b. Control means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. Any person is presumed to control a company if such person:
(a) Is a director, general partner or executive officer;
(b) Directly or indirectly has the right to vote 10 percent or more of a class of a voting security or membership interest, or has the power to sell or direct the sale of 10 percent or more of a class of voting securities or membership interest;
(c) In the case of a limited liability company, is a managing member; or
(d) In the case of a partnership, has the right to receive upon dissolution, or has contributed, 10 percent or more of the capital.
III-c. Department means the banking department.
III-d. Direct owner means any person, including individuals, that owns, beneficially owns, has the right to vote, or has the power to sell or direct the sale of 10 percent or more of the applicant or licensee.
27 Definitions; Control. RSA 397-B:1, I-a and I-b are repealed and reenacted to read as follows:
I-a. Control means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. Any person is presumed to control a company if such person:
(a) Is a director, general partner or executive officer;
(b) Directly or indirectly has the right to vote 10 percent or more of a class of a voting security or membership interest, or has the power to sell or direct the sale of 10 percent or more of a class of voting securities or membership interest;
(c) In the case of a limited liability company, is a managing member; or
(d) In the case of a partnership, has the right to receive upon dissolution, or has contributed, 10 percent or more of the capital.
I-b. Department means the banking department.
I-c. Direct owner means any person, including individuals, that owns, beneficially owns, has the right to vote, or has the power to sell or direct the sale of 10 percent or more of the applicant or licensee.
28 New Paragraph; Definitions; Control. Amend RSA 399-D:2 by inserting after paragraph II the following new paragraph:
II-a. Control means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. Any person is presumed to control a company if such person:
(a) Is a director, general partner or executive officer;
(b) Directly or indirectly has the right to vote 10 percent or more of a class of a voting security or membership interest, or has the power to sell or direct the sale of 10 percent or more of a class of voting securities or membership interest;
(c) In the case of a limited liability company, is a managing member; or
(d) In the case of a partnership, has the right to receive upon dissolution, or has contributed, 10 percent or more of the capital.
29 New Paragraph; Definitions; Control. Amend RSA 399-G:1 by inserting after paragraph II the following new paragraph:
II-a. Control means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. Any person is presumed to control a company if such person:
(a) Is a director, general partner or executive officer;
(b) Directly or indirectly has the right to vote 10 percent or more of a class of a voting security or membership interest, or has the power to sell or direct the sale of 10 percent or more of a class of voting securities or membership interest;
(c) In the case of a limited liability company, is a managing member; or
(d) In the case of a partnership, has the right to receive upon dissolution, or has contributed, 10 percent or more of the capital.
30 New Paragraph; Definitions; Financial Advisor. Amend RSA 361-A:1 by inserting after paragraph V the following new paragraph:
V-a. Financial services or financial services-related means securities, commodities, banking, insurance, consumer lending, money transmission, debt adjustment, or real estate, including, but not limited to, acting as or being associated with a bank or savings association, credit union, mortgage lender, mortgage broker, mortgage servicer, real estate salesperson or agent, closing agent, title company, or escrow agent.
31 New Paragraph; Definitions; Financial Services. Amend RSA 397-B:1 by inserting after paragraph I-c the following new paragraph:
I-d. Financial services or financial services-related means securities, commodities, banking, insurance, consumer lending, money transmission, debt adjustment, or real estate, including, but not limited to, acting as or being associated with a bank or savings association, credit union, mortgage lender, mortgage broker, mortgage servicer, real estate salesperson or agent, closing agent, title company, or escrow agent.
32 Definitions; Financial Services. RSA 399-D:2, V-c is repealed and reenacted to read as follows:
V-c. Financial services or financial services-related means securities, commodities, banking, insurance, consumer lending, money transmission, debt adjustment, or real estate, including, but not limited to, acting as or being associated with a bank or savings association, credit union, mortgage lender, mortgage broker, mortgage servicer, real estate salesperson or agent, closing agent, title company, or escrow agent.
V-d. Indirect owner means, with respect to direct owners and other indirect owners in a multilayered organization:
(a) In the case of an owner that is a corporation, each of its shareholders that beneficially owns, has the right to vote, or has the power to sell or direct the sale of, 25 percent or more of that corporation.
(b) In the case of an owner that is a partnership, all general partners and those limited and special partners that have the right to receive upon dissolution, or have contributed, 25 percent or more of the partnerships capital.
(c) In the case of an owner that is a trust, the trust, each trustee, and each beneficiary of 25 percent or more of the trust.
(d) In the case of an owner that is a limited liability company (LLC):
(1) Those members that have the right to receive upon dissolution, or have contributed, 25 percent or more of the LLCs capital; and
(2) If managed by elected managers, all elected managers.
(e) In the case of an indirect owner, the parent owners of 25 percent or more of their subsidiary.
33 New Paragraph; Definitions; Financial Services. Amend RSA 399-G:1 by inserting after paragraph IV the following new paragraph:
IV-a. Financial services or financial services-related means securities, commodities, banking, insurance, consumer lending, money transmission, debt adjustment, or real estate, including, but not limited to, acting as or being associated with a bank or savings association, credit union, mortgage lender, mortgage broker, mortgage servicer, real estate salesperson or agent, closing agent, title company, or escrow agent.
34 Licensing of Sales Finance Companies and Retail Sellers Required. Amend the introductory paragraph of RSA 361-A:2, II(a) to read as follows:
(a) The
application for such license shall be in writing and verified on a form
prescribed by the commissioner. The
application shall contain the name of the applicant; the tax applicants
identification number; date of incorporation, if incorporated; the address
where the business is or is to be conducted and similar information as to any
branch office of the applicant; the trade name, if any, under which the
applicant proposes to conduct such business; and such other pertinent information
as the commissioner may require. The
application shall include a list of the names and resident addresses of
principals and the name of any person occupying a similar status or performing
similar functions. Each principal shall
provide his or her social security numbers and shall authorize the commissioner
to conduct a background check. The
applicant shall submit any other information that the commissioner may require
including, but not limited to, the applicants form and place of organization,
the applicants proposed method of doing business, the qualifications and
business history of the applicant and those persons listed in the application,
and in the case of sales finance companies, the applicants financial condition
and history. The applicant shall
disclose if any injunction or administrative order has been issued against the
applicant or any of its principals listed in the application and whether the
applicant or any of its principals have been convicted of a misdemeanor
involving [the lending industry or any aspect of the lending business] financial
services or a financial services-related business, or any fraud, false
statements or omissions, theft or any wrongful taking of property, bribery,
perjury, forgery, counterfeiting, extortion, or a conspiracy to commit any of
these offenses, or convicted of any felony, prior to the commissioners
approval of such change.
35 Licensing of Sales Finance Companies and Retail Sellers Required. Amend RSA 361-A:2, XII to read as follows:
XII. Retail
sellers and sales finance companies licensed under this chapter are under a
continuing obligation to update information on file with the commissioner. If any information filed with the
commissioner becomes materially inaccurate, the retail seller and sales finance
company licensee shall promptly submit an amendment to its application records
to correct the information on file with the commissioner. An amendment shall be considered to be filed
promptly if the amendment is filed within 30 days of the event that requires
the filing of the amendment. Certain
significant events as defined by rule shall be reported to the department in
writing within 10 calendar days. A licensee
shall submit written notification to the department of the addition or deletion
of a person required to be listed in the application, and shall provide the
name and address of each new person required to be listed no later than 30 days
after such change. Each new person
required to be listed shall provide his or her social security number and
authorize the commissioner to conduct a background check. The commissioner shall investigate management
and ownership changes including, but not limited to, the qualifications and
business history of each person required to be listed. The licensee shall investigate and disclose
any injunction or administrative order that has been issued against the person
required to be listed and whether the person required to be listed has been
convicted of a misdemeanor involving [the lending industry or any aspect of
the lending business] financial services or a financial
services-related business, or any fraud, false statements or omissions, theft
or any wrongful taking of property, bribery, perjury, forgery, counterfeiting,
extortion, or a conspiracy to commit any of these offenses, or
convicted of any felony, prior to the commissioners approval of such change.
36 Registration; Fees; Term; Renewal. Amend RSA 397-B:4, I(b) to read as follows:
(b) The
applicant shall submit any other information that the commissioner may require
including, but not limited to, the applicants form and place of organization,
the applicants tax identification number, and the applicants proposed method
of doing business. The applicant shall
disclose whether the applicant or any of its principals has ever been issued or
been the subject of an injunction or administrative order, has ever been
convicted of a misdemeanor involving [the lending industry or any aspect of
the lending business,] financial services or a financial
services-related business, or any fraud, false statements or omissions, theft
or any wrongful taking of property, bribery, perjury, forgery, counterfeiting,
extortion, or a conspiracy to commit any of these offenses, or has ever
been convicted of any felony. Each
principal shall provide his or her social security number and authorize the
commissioner to conduct a background check.
37 License Application; Requirements; Investigation. Amend the introductory paragraph RSA 399-D:5,II to read as follows:
II. To be
considered for licensing, each person, firm, or corporation shall file with the
department one verified application on a form prescribed by the
commissioner. At a minimum, the
application shall be in writing, setting forth the primary business address of
the applicant, the applicants tax identification number, the address of its
principal office and all branch offices located or to be located within the
state, and a list of the principals and the name of any person occupying a
similar status or performing similar functions.
Each principal shall provide his or her social security number and shall
authorize the commissioner to conduct a background check. The applicant shall submit any other
information that the commissioner may require including, but not limited to,
the applicants form and place of organization, the applicants proposed method
of doing business, qualifications, and business history of the applicant and
those persons listed in the application, and the applicants financial
condition and history. The applicant
shall disclose if any injunction or administrative order has been issued
against the applicant or any of its principals and whether the applicant or any
of its principals have been convicted of a misdemeanor involving [the
lending industry or any aspect of the lending business] financial
services or a financial services-related business, or any fraud, false
statements or omissions, theft or any wrongful taking of property, bribery,
perjury, forgery, counterfeiting, extortion, or a conspiracy to commit any of
these offenses, or convicted of any felony. Each application shall designate the name and
address of the manager or person in charge at each licensed location and shall
contain other information required by rules adopted under this chapter. The applicant shall submit any other
information that the commissioner may require.
In addition:
38 Change in Name; Ownership; Location. Amend RSA 399-G:10, II to read as follows:
II. A licensee
shall submit written notification to the department of the addition or deletion
of a principal and shall provide the name and address of each new principal no
later than 30 days after such change.
Each new principal shall authorize the commissioner to conduct a
background check. The commissioner shall
investigate management and ownership changes including, but not limited to,
each principals qualifications and business history. The licensee shall disclose any injunction or
administrative order that has been issued against the principal and whether the
principal has been convicted of a misdemeanor involving [the money
transmission industry or any aspect of the money transmission business] financial
services or a financial services-related business, or any fraud, false
statements or omissions, theft or any wrongful taking of property, bribery,
perjury, forgery, counterfeiting, extortion, or a conspiracy to commit any of
these offenses, or convicted of any felony, prior to the commissioners
approval of such change.
39 New Paragraph; St. Marys Bank Charter. Amend paragraph V of section 8 of 1909, 303 as amended by 1933, 305:2, 1943, 261:1, 1945, 261:3, 1961, 342:5, and 1967, 524:7 to read as follows:
V.
Compensation. [Members of the
board of directors or of either the credit or supervisory committee shall not
receive any compensation for their services as a member of said board or of
such committee, but may receive a reasonable per diem allowance for attendance
at meetings thereof.] The
union may pay members of the board of directors, credit committee, and
supervisory committee, a reasonable fee for attendance at their respective
meetings. Any fee increase shall be
submitted in writing to the commissioner for his or her approval at least 30
days prior to its implementation. The
officers elected by the board of directors may receive such compensation as the
board shall authorize. However, if at
any time the union shall have enlarged its business to such extent that this
section may create an impediment to its proper functioning, the commissioner,
upon petition of the board of directors, may permit said board of directors to
pay such credit committee such compensation as he shall consider proper.
40 Effective Date.
I. Section 39 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.
2009-1566s
AMENDED ANALYSIS
This bill:
I. Allows the bank commissioner to bar certain persons from registering as being licensed as certain retail sellers, mortgage loan servicers, debt adjustment services personnel, and money transmitters.
II. Allows the bank commissioner to expand criminal record checks for certain retail sellers, mortgage loan servicers, debt adjustment services personnel, and money transmitters.
III. Allows for the collection of certain examination expenses, fines, and other penalties.
IV. Allows the bank department to examine business records in certain situations.
V. Amends the St. Marys Bank Charter to allow the union to pay certain committee members a reasonable fee.
Health and Human Services
May 7, 2009
2009-1559s
10/04
Amendment to HB 378-FN-A
Amend RSA 318-B:10, VII(b)(9) as inserted by section 1 of the bill by replacing it with the following:
(9) Fees to be paid by providers for application, licensing, and administration of such programs by the department. All moneys collected by the department from fees authorized under this subparagraph shall be deposited into the general fund, and such fees shall not exceed $500 per year for application, certification, and other fees.
2009-1559s
AMENDED ANALYSIS
This bill allows the department of health and human services to adopt and collect fees for providers of methadone detoxification and maintenance programs.
Energy, Environment and Economic Development
May 7, 2009
2009-1557s
06/04
Amendment to HB 384
Amend the bill by replacing sections 2-3 with the following:
2 Wetlands; Administrative Provisions. Amend RSA 482-A:11, IV to read as follows:
IV.(a)
The department shall not grant a permit with respect to any [activity
proposed] project to be undertaken in or within 100 feet of an area
mapped, designated, and filed as a prime wetland pursuant to RSA 482-A:15 unless
the department first notifies the local governing body, the planning board, if
any, and the conservation commission, if any, in the municipality within which
the wetlands lie, either in whole or in part, of its decision. Any such permit shall not be issued unless
the department is able, specifically, to find clear and convincing evidence on
the basis of all information considered by the department, and after a
public hearing, if a public hearing is deemed necessary under RSA 482-A:8, that
the proposed [activity] project, either alone or in conjunction
with other human activity, will not result in the significant net loss of any
of the values set forth in RSA 482-A:1.
This paragraph shall not be construed so as to relieve the department of
its statutory obligations under this chapter to protect wetlands not so mapped
and designated.
(b)(1) A property owner may request from the
department a waiver from subparagraph (a), under rules adopted by the
department, to perform forest management work and related activities in the
forested portion of a prime wetland or its 100-foot buffer. The request for the waiver shall include, but
not be limited to:
(A) A sketch of the property depicting the best
approximate location of each prime wetland and its 100-foot buffer in which
work is proposed and the location of proposed work, including access roads;
(B) A written description of the work to be
performed and a copy of the notice of intent to cut, if applicable; and
(C) A list of the prime wetland values as
identified by the municipality in designating each prime wetland under RSA
482-A:15.
(2) A waiver shall be issued only when the
department is able to determine there will be no significant net loss of
wetland values as identified in subparagraph (b)(1)(C) and RSA 482-A:1. If the department determines that the proposed
work may cause a significant net loss of wetland values, the department may
require the submittal of additional information. The department may place conditions on the
waiver that it deems necessary to protect the prime wetland resource and shall
set the term of the permit.
(3) At the time that the waiver request is
submitted to the department, the applicant shall also submit a copy of the
waiver request and all supporting documentation, via certified mail, to the
local governing body, the planning board, if any, and the conservation
commission, if any, of the municipalities in which any prime wetlands
associated with the application are located.
Where a prime wetland associated with the application extends into an
abutting property, the property owner requesting the waiver shall provide
notice to the owner of that abutting property.
A waiver shall not be issued by the department prior to 14 days from its
receipt of the waiver request. A
municipal conservation commission may request an extension on such waiver
issuance, not to exceed 14 days.
(4) The department shall adopt rules under RSA
541-A relative to:
(A)
The process and criteria for considering and granting waiver requests made
pursuant to RSA 482-A:11, IV(b)(1), including:
(i)
Methods for determining whether a
proposed forest management project may result in a significant net loss of
wetland values.
(ii)
Conditions that may be placed on a
waiver when deemed necessary to protect the prime wetland resource.
(iii)
Criteria for granting extensions of
waiver issuances pursuant to RSA 482-A:11, IV(b)(3).
(iv) Specified criteria for identifying abutters
and subsequent notification.
(B) Filing fees for waiver applications.
(c) A property owner may request a waiver from the
department, under rules adopted by the department under RSA 541-A, from the
provisions of this chapter to perform work not addressed under subparagraph (b)
within a portion of the 100-foot buffer of a prime wetland on his or her
property. At the time of the waiver
request, the property owner shall notify, by certified mail, the local
governing body, the planning board, if any, and the conservation commission, if
any, of the municipalities in which the waiver is being sought that a waiver is
being sought from the department. Where
a buffer associated with the application extends into an abutting property, the
property owner requesting the waiver shall provide notice to the owner of that
abutting property.
3 Local Option; Prime Wetlands. Amend RSA 482-A:15, I to read as follows:
I. Any
municipality, by its conservation commission, or, in the absence of a
conservation commission, the planning board, or, in the absence of a planning
board, the local governing body, may undertake to designate, map,
and document prime wetlands lying within its boundaries, or if such areas lie
only partly within its boundaries, then that portion lying within its
boundaries. For the purposes of this
chapter, prime wetlands shall mean any areas falling within the
jurisdictional definitions of RSA 482-A:3 and RSA 482-A:4 that possess one or
more of the values set forth in RSA 482‑A:1 and that, because of
their size, unspoiled character, fragile condition, or other relevant
factors, make them of substantial significance. [Such maps or designations, or both, shall
be in such form and to such scale, and shall be based upon such criteria, as
are established by the commissioner through rules adopted pursuant to RSA 541-A.] The commissioner shall adopt rules under RSA 541‑A relative to the form,
criteria, and methods that shall be used to designate, map, and document prime
wetlands, determine boundaries in the field, and amend maps and designations
once filed and accepted by the department under paragraph II.
Capital Budget
May 7, 2009
2009-1554s
06/09
Amendment to HB 391
Amend RSA 237:2, X as inserted by section 4 of the bill by replacing it with the following:
X. Acquire, expand, and make improvements to the eastern New Hampshire turnpike from the northerly expansion joint of the I-95 bridge over the Spaulding Turnpike, U.S. 4 and N.H. 16 (bridge No. 197/122) north to point on the New Hampshire-Maine boundary in the city of Portsmouth, such improvements to include the installation of open road tolling for the toll on I-95 in the town of Hampton, NH.
Amend RSA 237:2-a, I as inserted by section 5 of the bill by replacing it with the following:
I. The bureau of turnpikes shall operate and maintain the eastern New Hampshire turnpike from the northerly expansion joint of the I-95 bridge over the Spaulding Turnpike, U.S. 4 and N.H. 16 (bridge No. 197/122) north to point on the New Hampshire-Maine boundary in the city of Portsmouth, which shall become part of the eastern New Hampshire turnpike under RSA 237:17 and the Blue Star turnpike under RSA 237:18.
Energy, Environment and Economic Development
May 7, 2009
2009-1558s
09/01
Amendment to HB 395
Amend the title of the bill by replacing it with the following:
AN ACT requiring electric utilities to offer renewable energy source options, allowing the public utilities commission to make contingent grants and loans from the greenhouse gas emissions reduction fund, and repealing a provision relative to the electric utility distribution charge.
Amend the bill by replacing all after section 1 with the following:
2 New Paragraph; Greenhouse Gas Emissions Reduction Fund. Amend RSA 125-O:23 by inserting after paragraph VII the following new paragraph:
VIII. The commission may make grants and loans of moneys from the fund that are contingent upon proceeds from future auctions within a subsequent 12-month period being deposited into the fund.
3 Repeal. RSA 374-F:4, VIII(e), relative to inclusion of distribution costs in the electric utility distribution charge and not the systems benefit charge, is repealed.
4 Effective Date.
I. Section 1 of this act shall take effect 120 days after its passage.
II. The remainder of this act shall take effect upon its passage.
2009-1558s
AMENDED ANALYSIS
This bill:
II. Allows the public utilities commission to make grants and loans from the greenhouse gas emissions reduction fund that are contingent upon proceeds from future auctions within a subsequent 12-month period.
III. Repeals a provision relative to inclusion of distribution costs in the electric utility distribution charge and not the systems benefit charge.
Senate Executive Departments and Administration
May 7, 2009
2009-1574s
04/10
Amendment to HB 408-FN
Amend section 2 of the bill by replacing the bill section heading with the following:
2 Board of Medicine; Duties; Executive Director. Amend RSA 329:2, II-IV to read as follows:
Amend RSA 329:7, III as inserted by section 5 of the bill by replacing it with the following:
III. The president of the board may call an
emergency meeting when required by an imminent peril to the public health or
safety[, and] or when the physical presence of a quorum is not
reasonably practical for immediate board action, such as an issue related to
medical services in rural or underserved communities. Emergency meetings may [conduct
such meeting] be conducted telephonically, with a quorum of board members
eligible to vote with respect to the subject matter of the emergency. Any vote resulting from such meetings shall
have the same effect as votes resulting from other meetings of the board, if
such vote is ratified at the next regularly scheduled board meeting. The minutes and the procedures for emergency
meetings shall comply with RSA 91-A:2.
Amend RSA 329:17, XIII as inserted by section 14 of the bill by replacing it with the following:
XIII. When an investigation of a complaint against a licensee is determined to be unfounded, the board shall dismiss the complaint and explain in writing to the complainant its reason for dismissing the complaint. The board may destroy all information collected during the course of the investigation after 3 years. The board shall retain a record only noting that an investigation was conducted and that the board determined the complaint to be unfounded. For the purpose of this paragraph, a complaint shall be deemed to be unfounded if it does not fall within the jurisdiction of the board, does not relate to the actions of the licensee, or is determined by the board to be frivolous.
Senate Ways and Means
May 7, 2009
2009-1567s
03/01
Amendment to HB 429-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to the liquor commission and alcoholic beverages.
Amend the bill by replacing all after section 1 with the following:
2 New Subparagraph; General Revenue Exceptions. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Moneys deposited in the liquor commission fund established in RSA 176:16.
3 Purchase of Supplies; Exemptions; Liquor Commission. RSA 21-I:18, I(b) is repealed and reenacted to read as follows:
(b) The liquor commission is completely exempted from the provisions of this chapter, provided that the liquor commission uses competitive bidding when acquiring consumable supplies, materials, goods, and services that are necessary for, incidental to, or related to the operation of the liquor commission.
4 Divisions and Directors. RSA 176:8 is repealed and reenacted to read as follows:
176:8 Divisions and Directors. The commission shall have 3 divisions under the direction of unclassified division directors. The directors shall be appointed by the commission and serve at the pleasure of the commission based on good behavior and competence. There shall be a division of marketing, merchandising, and warehousing, a division of administration, and a division of enforcement and licensing.
5 Liquor Commission Funds. Amend RSA 176:16 to read as follows:
176:16 Funds.
I. Except as
provided in paragraph II, the state treasurer shall credit all
gross revenue derived by the commission from the sale of liquor, or from
license fees, [shall be deposited into the general funds of the state. The expenses of administration and all other
expenditures provided for in this title shall be paid by the state treasurer on
warrants of the governor with the advice and consent of council.] and
interest received on such moneys, to a special fund, to be known as the liquor
commission fund, from which the treasurer shall pay all expenses of the
commission incident to the administration of this title. Any balance left in such fund after such
expenses are paid shall be deposited in the general fund on a daily basis.
II. Fifty percent of the amount by which the current year gross profits exceed fiscal year 2001 actual gross profit, but not more than 5 percent of the current year gross profits derived by the commission from the sale of liquor and other revenues, shall be deposited into the alcohol abuse prevention and treatment fund established by RSA 176-A:1.
III.
Notwithstanding any other provision of law, if the expenditure of
additional funds over budget estimates is necessary for the proper functioning
of the commission, the commission may request, with prior approval of the
fiscal committee of the general court, that the governor and council authorize
the transfer of funds from the liquor commission fund for expenses related to
retirement and health benefits.
IV. The commission may transfer funds totaling up
to 5 percent of the operating budget in any fiscal year for any specific
purposes to funds for other purposes within and among the appropriations for
the operation of the commission. The
commission shall report on a semi-annual basis to the fiscal committee of the
general court all transfers accomplished under the provisions of this section. The provisions of this section shall not be
subject to RSA 9:16-a, RSA 9:17-a, and RSA 9:17-c.
6 Liquor Commission; State Stores. RSA 177:1 is repealed and reenacted to read as follows:
177:1 State Stores. The commission may lease, purchase, and equip, in the name of the state, such stores, warehouses, supplies, materials, equipment, products, and other marketing and merchandising requirements for the sale or promotion of liquor and related products as are necessary to carry out the provisions of this chapter. The commission may lease, in the name of the state, space in state stores for the purpose of installing automated teller machines. No newly established state store shall be operated within 200 feet of any public or private school, church, chapel, or parish house.
7 Closing of State Liquor Stores. RSA 177:2, I is repealed and reenacted to read as follows:
I. The commission may close any state liquor store to improve profitability and efficiency. In determining net operating profit or loss, the commission shall adhere to generally accepted accounting principles for both revenues and expenses and shall include an allocation for indirect costs. All information regarding a decision to close any state liquor store shall be made available, by the commission, to the public upon request. The commission shall provide public notice 30 days prior to closing any state liquor store.
8 References Changed. Amend RSA 178:11, V to read as follows:
V.
Liquor/wine/beverage warehousers shall submit a monthly report both to
the liquor commission enforcement and licensing division and the [warehouse
and transportation] marketing, merchandising, and warehousing
division of the commission by the tenth day of the following month indicating
the quantity, type, size, and brands of all product received, stored, or
shipped on their premises.
9 New Section; Combination Conditional License. Amend RSA 178 by inserting after section 17 the following new section:
178:17-a Combination Conditional License.
I. At its discretion, the commission may combine license types and issue a combination conditional license to a licensee that holds or is seeking more than one license for a single establishment. In issuing a combination conditional license, the commission may suspend or modify any existing licensing requirement established under title XIII and may impose additional conditions. The commission may deny, in its discretion, any license under this section that constitutes a risk to public health, safety, or welfare of any community.
II. The commission shall issue a combination conditional license in accordance with RSA 541-A:39.
III. This section shall not be interpreted to create a license category that does not exist in statute.
10 Effective Date.
I. Section 1 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect July 1, 2009.
2009-1567s
AMENDED ANALYSIS
This bill modifies the definition of beverage for purposes of the alcoholic beverage laws. This bill also changes the distribution of liquor commission revenue and makes organizational changes to the liquor commission.
Senate Education
May 5, 2009
2009-1506s
08/01
Amendment to HB 441-FN
Amend the bill by replacing all after the enacting clause with the following:
1 New Chapter; CART Provider and Sign Language Interpreter Net Tuition Repayment Program. Amend RSA by inserting after chapter 200-L the following new chapter:
CHAPTER 200-M
CART PROVIDER AND SIGN LANGUAGE INTERPRETER
NET TUITION REPAYMENT PROGRAM
200-M:1 Definitions. In this chapter:
II. Net tuition means tuition costs for post-secondary school education that was directed towards the completion of a degree or certificate in judicial reporting, broadcast captioning, realtime transcription, or sign language interpretation, or any other degree or certificate that the postsecondary education commission deems acceptable for purposes of CART provider and sign language interpreter net tuition repayment.
III. Sign language interpreter means a person who provides American Sign-Language based interpreting, which is the process of conveying information between American Sign Language and English.
200-M:2 CART Provider and Sign Language Interpreter Net Tuition Repayment Program Established. The postsecondary education commission shall administer a program for the promotion, acquisition, and retention of CART providers and sign language interpreters in the state.
200-M:3 Application; Repayment. An individual who has completed his or her CART certification, including internships and residencies, and agrees to work as a CART provider or a sign language interpreter in this state, may apply to the postsecondary education commission for repayment under the CART provider and sign language interpreter net tuition repayment program and become eligible to be reimbursed up to 100 percent of his or her qualifying tuition not to exceed the cost of 4 years of instate tuition at the university of New Hampshire, after a 5-full-year period of working as a CART provider or sign language interpreter. A 10 percent net tuition repayment shall be made upon starting a job in this state, with an additional 10 percent made after the second full year of work, an additional 20 percent after the third full year of work, an additional 30 percent after the fourth full year of work, and an additional 30 percent after the fifth full year of work.
200-M:4 Fund Established.
I. There is hereby established in the office of the state treasurer a fund to be known as the CART provider and sign language interpreter net tuition repayment fund. The fund shall include any sums appropriated for such purpose. In addition, the postsecondary education commission is authorized to accept public sector and private sector grants, gifts, or donations of any kind for the purpose of funding the provisions of this chapter. The moneys in this fund shall be nonlapsing and shall be continually appropriated to the postsecondary education commission. The fund may be expended by the postsecondary education commission to accomplish the purposes of this chapter. The state treasurer may invest moneys in the fund as provided by law, with interest received on such investment credited to the fund.
II. A minimum balance of $100,000 shall be in the CART provider and sign language interpreter net tuition repayment fund prior to the selection of the first participant.
200-M:5 Administration; Rulemaking. The postsecondary education commission shall adopt rules, pursuant to RSA 541-A, relative to procedures, eligibility, and qualifications for applicants, qualifying educational costs, criteria for terms of service by a CART provider and/or sign language interpreter, procedures for repayment of net tuition costs, and the administration of the program by the postsecondary education commission. The commissioner of the postsecondary education commission shall annually report to the general court on the effectiveness of this program.
2 Appropriation. The sum of $1 is hereby appropriated for the fiscal year ending June 30, 2009 to the postsecondary education commission for deposit in the CART provider and sign language interpreter net tuition repayment fund established in RSA 200-M:4. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
3 New Subparagraph; State Treasurer; Accounts Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Moneys deposited in the CART provider and sign language interpreter net tuition repayment fund established in RSA 200-M:4.
4 Effective Date. This act shall take effect upon its passage.
Senate Judiciary
May 6, 2009
2009-1530s
04/05
Amendment to HB 471-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to willful concealment and fraudulent retail transactions and relative to trafficking in counterfeit goods or services.
Amend the bill by inserting after section 8 the following and renumbering the original sections 9-10 to read as 10-11, respectively:
9 New Section; Forgery and Fraudulent Practices Generally; Trafficking in Counterfeit Goods or Services. Amend RSA 638 by inserting after section 6-a the following new section:
638:6-b Trafficking in Counterfeit Goods or Services.
I. No person shall intentionally traffic or attempt to traffic in goods or services and knowingly use a counterfeit mark on or in connection with such goods or services, or intentionally traffic or attempt to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive.
II. Possession of 5 or more goods shall create a rebuttable presumption that such goods are intended for sale or distribution in violation of this section.
III. The following property shall be subject to forfeiture to the state and no property right shall exist in such property:
(a) Any article bearing or consisting of a counterfeit mark used in committing a violation of paragraph I.
(b) Any property used, in any manner or part, to commit or to facilitate the commission of a violation of paragraph I.
(c) At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by the state, shall order that any forfeited article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law.
IV. The court, in imposing sentence on a person convicted of an offense under this section, shall order, in addition to any other sentence imposed, that the person forfeit to the state:
(a) Any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of the offense;
(b) Any of the persons property used, or intended to be used, in any manner or part, to commit, facilitate, aid, or abet the commission of the offense; and
(c) Any article that bears or consists of a counterfeit mark used in committing the offense.
(d) The forfeiture of property under this paragraph, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth by the attorney general and, at the conclusion of the forfeiture proceedings, the court shall order that any forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed.
(e) Persons permitted to submit victim impact statements shall include:
(1) Producers and sellers of legitimate goods or services affected by conduct involved in the offense;
(2) Holders of intellectual property rights in such goods or services; and
(3) The legal representatives of such producers, sellers, and holders.
V. For the purposes of this section the term counterfeit mark means:
(a) A spurious mark:
(1) That is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature;
(2) That is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so, registered;
(3) That is applied to or used in connection with the goods or services for-which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and
(4) The use of which is likely to cause confusion, to cause mistake, or to deceive; or
(5) A spurious designation that is identical with, or substantially indistinguishable from a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered.
(b) Counterfeit mark shall not include any mark or designation used in connection with goods or services, or a mark or designation applied to, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.
(c) The term traffic means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of.
(d) The term financial gain includes the receipt, or expected receipt, of anything of value.
(e) Nothing in this section shall entitle the state to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.
VI. No person shall knowingly allow his or her property or property under his or her control to be used, rented, leased, or otherwise conveyed for the purposes of trafficking in counterfeit goods or for temporary storage of any counterfeit goods.
VII. Any person who violates the provisions of paragraph I shall be guilty of a class A misdemeanor for the first offense if a natural person, or guilty of a class B felony if any other person, and shall be guilty of a class B felony for any subsequent offense by a natural person.
VIII. Any person who violates paragraph VI of this section shall be guilty of a class A misdemeanor for the first offense if a natural person, or guilty of a class B felony if any other person. Any person who violates paragraph VI shall be guilty of a class B felony for a second offense if a natural person, or guilty of a class A felony if any other person. Any person who violates paragraph VI shall be guilty of a class A felony for a third or subsequent offense.
2009-1530s
AMENDED ANALYSIS
This bill:
I. Makes changes to the theft statute including moving the offense of willful concealment into RSA 637, and deleting references to shoplifting.
II. Imposes criminal penalties for fraudulent retail transactions and for trafficking in counterfeit goods or services.
III. Imposes an enhanced penalty for persons knowingly activating an audible alarm system to avoid detection or apprehension, or cause a distraction during the commission of the offense.
Senate Judiciary
May 7, 2009
2009-1563s
06/09
Amendment to HB 473-FN
Amend RSA 485:17 as inserted by section 5 of the bill by replacing it with the following:
485:17 [Pollution]
Penalty.
I.
If a person shall recklessly place, leave, or cause to
be placed or left, in or near a lake, pond, reservoir or stream tributary
thereto, from which the domestic water supply of a city, town,
or village is taken, in whole or in part, any material, substance,
or fluid that may cause such water to become impure or unfit for such purposes
[he] such person shall be guilty of a misdemeanor if a natural
person, or guilty of a felony if any other person.
II. If a person shall purposely or knowingly
place, leave, or cause to be placed or left, in or near a lake, pond,
reservoir, or stream tributary thereto, from which the domestic water supply of
a city, town, or village is taken, in whole or in part, any material,
substance, or fluid that may cause such water to become impure or unfit for
such purposes such person shall be guilty of a class B felony.
Amend RSA 485:58, III as inserted by section 8 of the bill by replacing it with the following:
III.
Unless otherwise provided, any purposeful or knowing violation of any
provision of this chapter, any rule adopted under this chapter, any term or
condition of an approval, exemption, variance, or order issued under this
chapter, or any misstatement of a material fact required to be disclosed under
this chapter shall constitute a class B felony.
Senate Judiciary
May 6, 2009
2009-1534s
04/09
Amendment to HB 474-FN
Amend RSA 633:6, V as inserted by section 1 of the bill by replacing it with the following:
V. Involuntary servitude means a condition of compulsory service or labor, including commercial sex acts or sexually explicit performance, performed by one person, against his or her will, for the benefit of another. If a person willingly begins to perform the labor or service but later attempts to withdraw and is forced to remain and perform against his or her will, the service becomes involuntary. The payment of a wage or salary is not determinative of the question as to whether that person has been held in involuntary servitude.
Amend RSA 633:7 as inserted by section 1 of the bill by replacing it with the following:
633:7 Trafficking in Persons.
(1) Causing or threatening to cause serious harm to any person.
(2) Confining the person unlawfully as defined in RSA 633:2, II, or threatening to so confine the person.
(3) Abusing legal process or threatening to bring legal action against the person relating to the persons legal status or potential criminal liability.
(4) Destroying, concealing, removing, confiscating, or otherwise making unavailable to that person any actual or purported passport or other immigration document, or any other actual or purported government identification document.
(5) Threatening to commit a crime against the person.
(6) Deception or fraud.
(7) Threatening to reveal any information sought to be kept concealed by the person which relates to the persons legal status or which would expose the person to criminal liability.
(8) Causing or threatening to cause financial harm to any person.
(9) Facilitating or controlling the persons access to an addictive controlled substance.
(10) Engaging in any scheme, plan, or pattern, whether overt or subtle, intended to cause the person to believe that, if he or she did not perform such labor, services, commercial sex acts, or sexually explicit performances, that such person or any person would suffer serious harm or physical restraint.
(11) Withholding or threatening to withhold food, medication, or financial support that the actor has an obligation to provide to the person.
(12) Coercing a person to engage in any of the foregoing acts by requiring such in satisfaction of a debt owed to the actor.
(b) The means listed in subparagraphs (b)(4), (b)(11), and (b)(12) are not intended to criminalize the actions of a parent or guardian who requires his or her child to perform common household chores under threat of typical parental discipline.
(c) Notwithstanding RSA 651:2, a person convicted of an offense under subparagraph I(a) involving a commercial sex act or sexually explicit performance by a victim under the age of 18 shall be subject to a minimum term of not more than 10 years and a maximum term of not more than 30 years.
II. It is a class A felony to recruit, harbor, transport, provide, obtain, or otherwise make available a person, knowing or believing it likely that the person will be subjected to trafficking as defined in paragraph I. Notwithstanding RSA 651:2, a person convicted of an offense under this paragraph involving a victim under the age of 18 shall be subject to a minimum term of not more than 10 years and a maximum to be fixed by the court, if the offender knew or believed it likely that the victim would be coerced into engaging in a commercial sex act or sexually explicit performance.
III. Evidence of a trafficking victims personal sexual history or history of commercial sexual activity shall not be admissible at trial.
IV. None of the following shall constitute a defense to any offense or enhanced sentencing provision under this section:
(a) Consent.
(b) Mistake as to the victims age, even if the mistake is reasonable.
(c) The victims relationship, by blood or marriage, to the actor or any person involved in the trafficking.
Amend RSA 633:8, I(c) as inserted by section 1 of the bill by replacing it with the following:
(c) Any moneys, coin, currency, negotiable instruments, securities, or other investments knowingly used or intended for use in violation of this section.
Amend RSA 633:8, III(b)-(c) as inserted by section 1 of the bill by replacing them with the following:
(b) Physically, without process on probable cause to believe that the property is subject to forfeiture under this section; or
(c) Constructively, without process on probable cause to believe that the property is subject to forfeiture under this section, by recording a notice of pending forfeiture in the registry of deeds in the county where the real property is located or at the town clerks office where the personal property is located stating that the state intends to seek forfeiture of the identified property pursuant to this section.
Amend RSA 633:8, XI as inserted by section 1 of the bill by replacing it with the following:
XI. The court may order forfeiture of all items or property interests under this section, except no item or property interest shall be subject to forfeiture unless the owner or owners thereof were consenting parties to a felonious violation of this section and had knowledge thereof.
Amend RSA 633:8, XIV as inserted by section 1 of the bill by replacing it with the following:
XIV. At the request of any party to the forfeiture proceeding, the court shall grant a continuance until the final resolution of any criminal proceedings which were brought against a party under this section and which arose from the transaction which gave rise to the forfeiture proceeding. No partys interest in property shall be forfeited unless a party has been found guilty of the underlying felonious charge.
Commerce, Labor and Consumer Protection
May 7, 2009
2009-1550s
05/04
Amendment to HB 530-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to inspection of public buildings for compliance with accessibility standards.
Amend the bill by replacing all after the enacting clause with the following:
1 State Building Code; Accessibility Standards for Public Buildings. RSA 155-A:5 is repealed and reenacted to read as follows:
155-A:5 Accessibility Standards for Public Buildings.
I. All public buildings shall comply with the accessibility standards in the state building code. For purposes of this section, public buildings are those defined and regulated by the accessibility standards contained in the state building code. This provision is not intended to enlarge upon or expand any substantive standard under the provisions of the state building code. It is intended to provide a system of certification and enforcement of the existing accessibility standards in the state building code.
II. Except in municipalities specified in paragraph III, upon completion of the building design plans for any new construction, addition, or alteration that are regulated by and described in the accessibility standards of the state building code, the contractor shall be responsible for acquiring certification from any person listed in RSA 155-A:5-a, I that the building design plans meet the accessibility standards of the state building code. Upon the completion of new construction, additions, or alterations regulated by and described in the accessibility standards contained in the state building code, the contractor shall be responsible for acquiring an inspection and certification from any person listed under RSA 155-A:5-a, I, other than the municipality that conducted the permit plans examination, that the new construction, addition, or alteration meets the accessibility standards of the state building code.
III. Public buildings are exempt from the requirements of paragraph II, provided that the municipality in which the building is located is a local enforcement agency under RSA 674:51 that satisfies the qualifications required by RSA 155-A:5-a and examines building design plans and inspects buildings upon completion for compliance with the accessibility standards in the state building code. Nothing in this section shall be construed as requiring municipalities to assume this inspection and certification role. Public buildings in municipalities that have chosen to assume this certification and inspection role remain subject to paragraphs IV and V.
IV. In addition to
other enforcement authority granted in this chapter, the protection and
advocacy system for
V. Any individual with a physical impairment who is adversely affected by the failure to adhere to the requirements of paragraph I shall have a private right of action against the owner pursuant to the procedure established in paragraph IV, including the right to court costs and reasonable attorney's fees as the prevailing party.
VI. Any owner of a public building or contractor who is found by a preponderance of the evidence in a proceeding under paragraph IV or V to have knowingly violated the accessibility standards of the state building code shall be subject to a civil penalty. The penalties shall be the same as those established by RSA 155-A:8. All civil penalties shall be paid into the general fund. The party bringing the action shall be entitled to reasonable attorneys fees and costs if it prevails as defined in paragraph IV.
2 New Section; Certification of Building Inspectors and Penalty. Amend RSA 155-A by inserting after section 5 the following new section:
155-A:5-a Accessibility Certifiers and Inspectors and Penalty.
I. New Hampshire licensed architects, professional engineers, certified building officials, and master code officials may certify building plans and/or inspecting public buildings for compliance with the accessibility standards in RSA 155-A:5 without further examination. Any other person engaged in the business of certifying building plans and/or inspecting public buildings for compliance with accessibility standards required by RSA 155-A:5 shall successfully pass an International Code Council examination that covers the accessibility standards contained in the state building code prior to certifying that a building complies with RSA 155-A:5. All accessibility certifiers and inspectors shall complete 2 hours of continuing education related to accessibility codes every 3 years and be able to produce proof of continuing education upon demand.
II. Whoever falsely claims to be certified under this section through advertising, signage, or verbal representation shall be guilty of a violation if a natural person, or guilty of a class B misdemeanor if any other person.
3 Applicability. Nothing in RSA 155-A:5 as inserted by section 1 of this act shall require the owner of a public building to obtain a certification for the new construction, addition, or alteration of a public building completed before the effective date of this act.
4 Effective Date. This act shall take effect July 1, 2010.
2009-1550s
AMENDED ANALYSIS
This bill requires public buildings to comply with the accessibility standards in the state building code and establishes a system of certification and enforcement of the accessibility standards in the state building code.
Senate Judiciary
May 6, 2009
2009-1533s
06/09
Amendment to HB 538-FN
Amend the bill by replacing section 1 with the following:
1 New Paragraph; Pollution; Prohibited Acts. Amend RSA 485-A:14 by inserting after paragraph V the following new paragraph:
VI. Unless otherwise provided in this chapter, any person who knowingly fails to remove a submerged or partially submerged vehicle or container, as required by paragraph I, shall be guilty of a class B felony if the surface water is the source, or a tributary to a source, from which the domestic water supply of a city, town, or village is taken, in whole or in part.
Amend the bill by replacing section 3 with the following:
3 Penalties. RSA 485-A:15, IV is repealed and reenacted to read as follows:
IV. Any person who recklessly violates paragraph I shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
V. Any person who purposely or knowingly violates paragraph I shall be guilty of a class B felony.
Senate Judiciary
May 7, 2009
2009-1569s
03/04
Amendment to HB 578-FN-LOCAL
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Bureau of Hearings; Testimony by Video Teleconference. Amend RSA 21-P:13 by inserting after paragraph II the following new paragraph:
III. In an administrative hearing in a motor vehicle case, the bureau of hearings shall require all parties and witnesses to appear and testify in person, except that the bureau may take testimony by video teleconference if requested by a party to the hearing who gives adequate notice to the bureau and the other parties to the hearing and all parties consent in advance in writing, provided that such testimony provided by video teleconference is limited to the matters relating to a motor vehicle hearing that is open to the public in accordance with RSA 541-A.
2 Effective Date. This act shall take effect 60 days after its passage.
2009-1569s
AMENDED ANALYSIS
This bill authorizes testimony by video teleconference at department of safety motor vehicle administrative hearings.
Senate Executive Departments and Administration
May 7, 2009
2009-1571s
04/05
Amendment to HB 587-FN
Amend RSA 651-F:3, II as inserted by section 2 of the bill by replacing it with the following:
II. The attorney general or designee, and a representative of a civil liberties organization, appointed by the governor and council, shall meet with the intelligence subcommittee of ACEPS at least annually to receive reports regarding the operation of the center and provide added input to best insure the protection of civil rights and personal privacy.
Amend RSA 651-F:5, X as inserted by section 2 of the bill by replacing it with the following:
X. Criminal intelligence information including personally identifiable data retained in the criminal intelligence system shall be reviewed and validated for continuing compliance with system submission criteria before the expiration of the informations retention period, which in no event shall be longer than 5 years. After the initial 5 years, the retention period may be extended in one-year increments subject to annual review, if the state police commander of the center believes that there is a reasonable possibility of ongoing criminal activity sufficient to retain the information for the additional time. The commander shall annually submit to the assistant commissioner of the department of safety a listing of files that are being retained beyond the 5-year period.
Amend RSA 651-F:8 as inserted by section 2 of the bill by replacing it with the following:
651-F:8 Audit Requirement and Disclosure. The department of safety shall maintain and conduct periodic audits of data access performed by personnel assigned to the center at least annually. The audit shall consist of a review of authorized credentials of persons accessing the data, a random sampling of data input quality and the type and reason for data access, and a review of the policy and procedures that govern data entry, access, and purging. The department shall report its findings in an annual report to the speaker of the house of representatives, the president of the senate, the governor, the intelligence subcommittee of the advisory council on emergency preparedness and security established under RSA 21-P:48, the attorney general, and the representative of the civil liberties organization designated under RSA 651-F:3, II.
Senate Executive Departments and Administration
May 7, 2009
2009-1575s
10/04
Amendment to HB 590-FN
Amend the bill by replacing all after the enacting clause with the following:
1 State Employees; Group Insurance Benefits; Group II. Amend RSA 21-I:30, III to read as follows:
III. Any vested deferred state retiree may receive medical and surgical benefits under this section if the vested deferred state retiree is eligible. To be eligible, a vested deferred state retiree shall have at least 10 years of creditable service with the state if the employees service began prior to July 1, 2003 or 20 years of creditable service if the employees service began on or after July 1, 2003. In addition, if the vested deferred state retiree is a member of group I, such retiree shall be at least 60 years of age to be eligible. If the vested deferred state retiree is a member of group II who commenced service before July 1, 2009, such retiree shall not be eligible until 20 years from the date of becoming a member of group II and shall be at least 45 years of age, and any group II member who commenced service on or after July 1, 2009 shall not be eligible until 25 years from the date of becoming a member of group II.
2 Service Retirement; Group II. Amend RSA 100-A:5, II to read as follows:
II. Group II Members.
(a) Any group II member in service, who commenced service before July 1, 2009, who has attained age 45 and completed 20 years of creditable service, or who has attained age 60 regardless of the number of years of creditable service, and a group II member who commenced service on or after July 1, 2009, who has completed 25 years of creditable service, or who has attained age 60 regardless of the number of years of creditable service, may retire on a service retirement allowance upon written application to the board of trustees setting forth at what time not less than 30 days nor more than 90 days subsequent to the filing thereof the member desires to be retired, notwithstanding that during such period of notification the member may have separated from service.
(b) Upon service retirement, a group II member shall receive a service retirement allowance which shall consist of:
(1) A member annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and
(2) A
state annuity which, together with his or her member annuity, shall be
equal to 2-1/2 percent of his or her average final compensation
multiplied by the number of years of his or her creditable service not in
excess of 40 years.
(c)(1) Notwithstanding any provision of RSA 100-A to the contrary, any group II member who commenced service before July 1, 2009 and has retired on or after the effective date of this subparagraph after attaining the age of 45 with at least 20 years of creditable service, and any group II member who commenced service on or after July 1, 2009 and has retired on or after the effective date of this subparagraph and has completed at least 25 years of creditable service, shall receive a minimum annual service retirement allowance of $10,000. If such group II member has elected to convert the retirement allowance into an optional allowance for the surviving spouse under RSA 100-A:13, the surviving spouse shall be entitled to a proportional share of the $10,000.
(2) [Repealed.]
(3) [Repealed.]
3 Ordinary Disability Retirement; Group II; Gender Neutral. Amend RSA 100-A:6, II(b) to read as follows:
(b) Upon
ordinary disability retirement, the group II member shall receive an ordinary
disability retirement allowance which shall consist of: a member annuity which
shall be the actuarial equivalent of his accumulated contributions at the time
of his or her ordinary disability retirement; and a state annuity
which, together with his or her member annuity, shall be
equal to 2-1/2 percent of his or her average final compensation
at the time of [his] ordinary disability retirement multiplied by the
number of years of his or her creditable service not in
excess of 40 at the time of [his] ordinary disability retirement,
provided, however, that such allowance shall not be less than 25 percent of the
members final compensation at the time of his or her disability
retirement.
4 Accidental Disability Retirement; Group II. Amend RSA 100-A:6, II(d) to read as follows:
(d) Upon
accidental disability retirement, the group II member shall receive an
accidental disability retirement allowance equal to 2/3 of his or
her average final compensation at the time of [his] disability
retirement.
(1) For any group II member who has more than 26-2/3 years of service, a supplemental disability retirement allowance shall be paid. Such supplement shall be equal to 2-1/2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service in excess of 26-2/3 but not in excess of 40 years.
(2)
For members who commenced service on or after July 1, 2009, any group II
member who has more than 33-1/3 years of service, a supplemental disability
retirement allowance shall be paid. Such
supplement shall be equal to 2-1/2 percent of his or her average final
compensation multiplied by the number of years of his or her creditable service
in excess of 33-1/3 but not in excess of 40 years.
5 Vested Deferred Retirement; Group II. Amend RSA 100-A:10, II(b) to read as follows:
(b) For members who commenced service before July 1, 2009, upon the members attainment of age 45, provided the member would then have completed 20 years of creditable service, otherwise the subsequent date on which such 20 years would have been completed, or for members who commenced service on or after July 1, 2009, provided the member would then have completed 25 years of creditable service, or at any time after age 60, a group II member who meets the requirement of subparagraph (a) may make application on a form prescribed by the board of trustees and receive a vested deferred retirement allowance which shall consist of: (1) A member annuity which shall be the actuarial equivalent of accumulated contributions on the date the members retirement allowance commences; and (2) A state annuity which, together with the member annuity, shall be equal to a service retirement allowance based on the members average final compensation and creditable service at the time the members service is terminated.
6 Split Benefits; Minimum Age. Amend RSA 100-A:19-b, II to read as follows:
II. For a
member who commenced service before July 1, 2009 and, who has
completed 20 or more years of combined creditable service, one year shall be
deducted from age 60 for each year of creditable group II service, provided
that the age shall not be less than 45 years.
For a member who commenced service on or after July 1, 2009 and, who
has completed 25 or more years of combined creditable service, one year shall
be deducted from age 60 for each year of creditable group II service.
7 Effective Date. This act shall take effect July 1, 2009.
Health and Human Services
May 5, 2009
2009-1498s
01/03
Amendment to HB 592-FN
Amend the bill by replacing section 1 with the following:
1 Statement of
Purpose. The general court finds that
95,000 people die as a result of adverse events in hospitals and ambulatory
surgical centers nationally every year.
The general court further finds that 4 in 10 physicians state that they
have personally experienced adverse events.
The general court recognizes that
Senate Judiciary
May 6, 2009
2009-1531s
04/05
Amendment to HB 601-FN
Amend RSA 21-M:8-h, II as inserted by section 1 of the bill by replacing it with the following:
II. The claimant,
guardian ad litem or child advocate, or parent [shall] may
file a claim for compensation within [one year] 2 years of the crime,
unless good cause is shown.
Amend RSA 21-M:8-h, V as inserted by section 2 of the bill by replacing it with the following:
V. The claimant
may be reimbursed for reasonable out-of-pocket expenses, medical expenses,
funeral expenses, counseling expenses, rehabilitative expenses, expenses
associated with the victims participation in post-conviction proceedings and
victim-offender dialogue programs or other restorative justice programs,
and lost wages directly resulting from the crime. No reimbursement shall be paid unless the
claimant has incurred reimbursable expenses of at least $100. There shall be a [$10,000 ceiling on] $20,000
maximum recovery per claimant per incident. If expenses paid through the victims
assistance program fund are later covered by insurance settlements, civil suit
settlements, or restitution, or through any other source, the claimant shall
reimburse the fund for the amount of expenses recovered.
Amend the bill by deleting section 4 and renumbering the original section 5 to read as 4.
2009-1531s
AMENDED ANALYSIS
This bill raises the limit of recovery from the victims assistance fund, increases the time limit on filing claims for compensation, and allows victims to be compensated for expenses associated with participation in post-conviction proceedings and victim-dialogue programs or other restorative justice programs.
Commerce, Labor and Consumer Protection
May 7, 2009
2009-1551s
08/09
Amendment to HB 610-FN
Amend RSA 397-A:1, XXI-a (b) as inserted by section 12 of the bill by replacing it with the following:
(b) Is registered with, and maintains a unique
identifier through, the Nationwide Mortgage Licensing System and Registry as
required by the federal banking agencies.
Amend RSA 397-A:4, I-II as inserted by section
19 of the bill by replacing it with the following:
I. Depository institutions or an institution regulated by the Farm Credit Administration.
II. Registered mortgage loan originators, when acting for an entity described in paragraph I or for a subsidiary that is owned and controlled by an entity described in paragraph I.
Amend RSA 397-A:5, I as inserted by section 20
of the bill by replacing it with the following:
I. To be considered for mortgage banker or
mortgage broker licensing, each person shall complete and file with the
department, through the Nationwide Mortgage Licensing System and Registry,
one verified application prescribed by the commissioner. At a minimum, the application shall state the
primary business address of the applicant, the applicants tax identification
number, the address of its principal office and all branch offices [located
or to be located within the state], and a list of the principals of the
applicant. Each principal shall provide
his or her social security number and shall authorize the commissioner to
conduct a background check. The
applicant shall submit any other information that the commissioner may require
including, but not limited to, the applicants form and place of organization,
the applicants proposed method of doing business, the qualifications and
business history of the applicant and its principals, and the applicants
financial condition and history. The
applicant shall disclose whether the applicant or any of its principals has
ever been issued or been the subject of an injunction or administrative order,
has ever been convicted of a misdemeanor involving [the lending industry or
any aspect of the lending business] financial services or a financial
services-related business or any fraud, false statements or omissions, theft or
any wrongful taking of property, bribery, perjury, forgery, counterfeiting,
extortion, or a conspiracy to commit any of these offenses or has ever
been convicted of any felony.
Amend RSA 397-B:4, V as inserted by section 49
of the bill by replacing it with the following:
V. A mortgage servicing company shall:
(a) File its initial and renewal application through the Nationwide Mortgage Licensing System and Registry and shall post a surety bond in the amount and terms for mortgage brokers under RSA 397-A:5, III and the rules adopted thereunder; and
(b) Supervise mortgage loan originators that it employs or retains: and
(c) License its mortgage loan originators on or before July 31, 2010 through the Nationwide Mortgage Licensing System and Registry in accordance with all of the licensing provisions of RSA 397-A; and
(d) Follow the provisions of RSA 397-A as they pertain to originators and to the reporting requirements of the National Mortgage Licensing System and Registry.
(e) File under oath, its financial statement with the commissioner within 90 days from the date of its fiscal year end. The financial statement shall be prepared in accordance with generally accepted accounting principles and shall include a balance sheet, income statement, statement of changes in owners equity, a cash flow statement, and note disclosures. If the financial statement is not audited, a certification statement shall be attached and signed by a duly authorized officer of the licensee. The certification statement shall state that the financial statement is true and accurate to the best of the officers belief and knowledge.
Amend the bill by replacing all after section 49 with the following:
50 Change in Name; Ownership; Location.. Amend RSA 397-A:10, II-III to read as follows:
II. A mortgage
banker or mortgage broker licensee shall submit written notification to
the department of the addition or deletion of a principal and shall provide the
name and address of each new principal no later than 30 days after such
change. Each new principal shall
authorize the commissioner to conduct a background check. The commissioner shall investigate management
and ownership changes including, but not limited to, each principals
qualifications and business history. The
licensee shall disclose any injunction or administrative order that has been
issued against the principal and whether the principal has been convicted of a
misdemeanor involving [the lending industry or any aspect of the lending business]
financial
services or a financial services-related business or any fraud, false
statements, or omissions, theft or any wrongful taking of property, bribery,
perjury, forgery, counterfeiting, extortion, or a conspiracy to commit any of
these offenses or convicted of any felony, prior to the commissioners
approval of such change.
III. Mortgage
banker or mortgage broker licensees shall provide written notice to the
banking department of any proposed change in location or proposed closing of
any licensed office no later than 10 business days prior to the effective date
of such change of location or closing, unless such change of location or closing
occurs under circumstances beyond the control of the licensee whereby such
written notice shall be provided within 10 business days from the date the
licensee becomes aware of the closing or relocation. Failure to comply with the provisions of this
paragraph [shall] may be deemed sufficient cause for
license revocation or denial of license renewal applications.
51 Banking Department;
Positions Established. The following
classified positions are hereby established in the banking department:
I. Two bank
examiner III, labor grade 27.
II. One hearings examiner, labor grade 31.
III. One
paralegal II, labor grade 19.
52 Banking Department; Supplemental Appropriation; Positions. The sum of $220,603 for the fiscal year ending June 30, 2010 and the sum of $346,530 for the fiscal year ending June 30, 2011 is hereby appropriated to the banking department to fund the 4 positions established in section 50 of this act and other costs associated with the 4 new positions. This appropriation shall be a charge against the consumer credit administration license fund under RSA 399-A:5 and shall be in addition to any other funds appropriated to the banking department.
53 Effective Date. This act shall take effect July 31, 2009.
2009-1551s
AMENDED ANALYSIS
This bill:
I. Modifies certain definitions as required to match S.A.F.E. (the Secure and Fair Enforcement for Mortgage Licensing Act).
II. Includes mobile homes and trailers under first mortgage law if the intended purpose is to be used as a dwelling.
III. Requires licensing of out-of-state branches of mortgage bankers and brokers.
IV. Modifies exemptions to include financial institutions as defined by S.A.F.E.
V. Requires the use of the Nationwide Mortgage Licensing System and Registry for all mortgage licensees.
VI. Modifies the bond and financial requirements.
VII. Requires criminal records checks, credit checks, education, and testing for originators prior to licensing and requires ongoing continuing education for originators once the Nationwide Mortgage Licensing System and Registry provides the facilities for such procedures.
VIII. Authorizes the bank commissioner to issue orders and rules and interpretations for implementation of the S.A.F.E. Act requirements.
IX. Requires home state
license or registration before a
X. Requires non-federally insured credit unions to register their loan originators through the Nationwide Mortgage Licensing System and Registry.
XI. Amends examination requirements to comply with S.A.F.E. and prohibits destruction of certain documents.
XII. Expands information sharing to include the Nationwide Mortgage Licensing System and Registry and law enforcement.
XIII. Requires the bank commissioner to report violations to the Nationwide Mortgage Licensing System and Registry.
XIV. Establishes annual reporting requirements through the Nationwide Mortgage Licensing System and Registry.
XV. Establishes requirements for reverse mortgage transactions.
XVI. Authorizes the bank commissioner to bar individuals from the mortgage lending industry.
XVII. Authorizes the bank commissioner to order disgorgement of profits and restitution.
XVIII. Authorizes the bank commissioner to assess a penalty of $25,000 for violation of the S.A.F.E. Act.
XIX. Creates new positions in the banking department.
XX. Makes an appropriation for new positions in the banking department.
This bill was requested by the banking department.
Election Law and Veterans Affairs
May 7, 2009
2009-1549s
03/10
Amendment to HB 623
Amend the bill by replacing section 2 with the following:
2 Overseas Absentee Registration Affidavit. Amend RSA 654:20 to read as follows:
654:20 Overseas
Absentee Registration Affidavit.
Any person qualified to vote as an overseas voter in a city or town as
provided in RSA 654:3, because he or she is domiciled outside the
Overseas Absentee Registration Affidavit
I, ____________________, do hereby swear or affirm, under the penalties for voting fraud set forth below, the following:
1) That I am a
2) That I have been
domiciled in [Canada
or ] a
country outside the [continental] boundaries of the
(month) (year)
3) That I hold a valid passport or card of identity with Registration No. _______ issued by the United States Secretary of State;
4) That, immediately
prior to my departure from the
____________________________________
Street and Number or Rural Route, etc.
____________________________________
City or Town
5) That I will be of the
age of 18 years or older on election day, have complied with all applicable qualifications
and requirements of the state of New Hampshire, and am entitled to vote in the
next subsequent federal election to be held in said state; Date of Birth:
____(mm)/____(dd)/____(yyyy);
6) That I do NOT maintain a domicile, am NOT registered to vote, and am NOT voting in any other state, territory, or possession of the United States, or election district thereof;
7) That my party affiliation (if any) is ____________________
8) That my permanent
address outside the continental
____________________________________
Street or Route Number
____________________________________
City, Province, County
9) That I hereby make
application for the addition of my name to the checklist of
_________________________,
____________________________________
Signature of Applicant
____________________________________
Date
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
Senate Executive Departments and Administration
May 7, 2009
2009-1577s
10/04
Amendment to HB 641-FN-LOCAL
Amend the bill by replacing all after the enacting clause with the following:
1 New Hampshire Retirement System; Methodology for Determining Employer Assessments for Excess Benefits; Report. The New Hampshire retirement system shall develop a specific methodology for individuals retiring after July 1, 2010 that determines the amount of the employer assessment for excess benefits charged pursuant to 2008, 300:33, but which accounts for the portion of the present value of the members retirement benefit attributable to the compensation above base pay, as determined by the retirement system, that has been funded through the normal employer contributions, including the state share of such contributions, and the employee contributions. The retirement system shall submit a report regarding this methodology to the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate executive departments and administration committees no later than December 1, 2009.
2 New Paragraph; Employer Duty to Report. Amend RSA 100-A:16 by inserting after paragraph III-a the following new paragraph:
III-b. Every employer shall annually report to the retirement system the annual base pay paid to each member.
3 Excess Benefit Assessment; Application. Amend 2008, 300:34 to read as follows:
300:34 Application. The provisions of RSA 100-A:16, III-a as inserted by section 33 of this act shall not apply to a binding contract or a binding collective bargaining agreement in effect on the effective date of this section, to the extent required by the contract or agreement, before the termination of such contract or the date on which the collective bargaining agreement terminates, or while the terms of the existing contract remain in force as a result of either the operation of law or the status quo doctrine, or a provision in the existing contract because the parties have failed to agree to a new contract or a contract extension, on or after the effective date of this section.
4 Effective Date.
I. Section 3 of this act shall take effect July 1, 2010 at 12:01 a.m.
II. The remainder of this act shall take effect upon its passage.
2009-1577s
AMENDED ANALYSIS
This bill requires the
Senate Judiciary
May 6, 2009
2009-1535s
09/10
Amendment to HB 655-FN
Amend the bill by replacing section 3 with the following:
3 Reference to Judicial Referees; Compensation. Amend RSA 493-A:1-b to read as follows:
493-A:1-b Compensation.
Any retired full-time justice of the supreme, superior, district, or
probate court who serves after retirement as a senior active status justice or any
retired part-time justice who serves as a judicial referee shall be
allowed his or her expenses and a per diem compensation determined by the
supreme court upon recommendation by the judicial branch administrative council
and based on the daily equivalent of the annual salary the retired justice
would then be earning pursuant to RSA 491-A:1; provided however, that in any
calendar year the total of the [service] retirement benefits that the
retired justice receives pursuant to RSA [100-C:5] 100-C plus the
compensation provided by this section shall not exceed the annual salary the
retired justice would then be earning pursuant to RSA 491-A:1.
Amend the bill by replacing sections 6 and 7 with the following:
6 Judicial Referees. Amend RSA 493-A:1-a, I to read as follows:
I. Any [full-time justice of the supreme, superior,
district, or probate court who is mandatorily retired from either regular
active service or senior active service upon reaching age 70, and any]
part-time district or probate court justice who is mandatorily retired upon
reaching age 70, shall thereafter be eligible to serve as a judicial referee on
the court from which he or she retired or on any other court in which his or
her service as a referee is authorized by law.
7 Repeal. RSA 493-A:3, relative to findings and rulings of judicial referees, is repealed.
2009-1535s
AMENDED ANALYSIS
This bill allows judges over 70 years of age to serve as senior active status justices.
This bill was requested by the supreme court.
Election Law and Veterans Affairs
May 5, 2009
2009-1496s
03/04
Amendment to HB 667-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to misrepresenting the origin of a campaign call and relative to penalties for telephone harassment involving a number used to facilitate transportation of voters or otherwise to support voting or registering to vote.
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Telephone Harassment; Voter Transportation. Amend RSA 644:4 by inserting after paragraph III the following new paragraph:
IV. A person shall be guilty of a class B felony if the person violates RSA 644:4, I(a) under circumstances involving making telephone calls to a telephone number that he or she knows is being used, at the time of the calls, to facilitate the transportation of voters to polling places or otherwise to support voting or registering to vote.
2 New Section; Misrepresenting Origin of Campaign Call. Amend RSA 664 by inserting after section 14-a the following new section:
664:14-b Misrepresenting Origin of Campaign Call.
I. No person shall knowingly misrepresent the origin of a telephone call which expressly or implicitly advocates the success or defeat of any party, measure, or person at any election, or contains any information about any candidate or party. Such knowing misrepresentation shall include, but shall not be limited to, causing the displayed caller identification information, as defined in RSA 359-E:1, I-a, to indicate that a telephone call originates from a number, person, or organization other than the number, person, or organization originating the call, or making a call knowing that some other person has caused said misrepresentation, except if the displayed caller identification number is a number at which the person or organization responsible for sponsoring or making the call may directly receive a return call.
II.(a) A violation of this section shall result in a civil penalty of $5,000 per violation.
(b) Any person injured by another's violation of this section may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act or practice was a willful or knowing violation of this section, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorneys fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this section without bond, subject to the discretion of the court. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.
3 Effective Date.
I. Section 2 of this act shall take effect January 1, 2010.
II. The remainder of this act shall take effect upon its passage.
2009-1496s
AMENDED ANALYSIS
This bill prohibits misrepresenting the origin of a campaign call. This bill also makes it a class B felony for a person to commit telephone harassment by making calls to a telephone number used to facilitate transportation of voters or otherwise to support voting or registering to vote.
Senate Judiciary
May 6, 2009
2009-1532s
04/05
Amendment to HB 690-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Cold Case Homicide Unit.
I. The attorney general and the commissioner of the department of safety shall collaborate to establish a cold case homicide unit to work exclusively on unsolved murders in the state. The unit shall consist of such personnel from the division of state police and the department of justice as the commissioner of the department of safety and the attorney general shall determine. The commissioner and the attorney general, or their designees, shall develop procedures for the operation of the unit.
II. The departments of justice and safety shall jointly provide administrative support as may be necessary to the cold case unit.
III. The commissioner of the department of safety and the attorney general, or their designees, shall jointly issue a report on the activities and results of the cold case unit by December 1, 2010 to the governor, the speaker of the house of representative, the president of the senate, and the state librarian.
2 Funding. Funding for the state police and department of justice personnel for the cold case unit established in section 1 of this act shall be contingent upon the receipt of grants or federal funds for such purpose, including but not limited to, funds received pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, 111th Cong. (2009), or other such funds as may be specifically appropriated by the general court.
3 Repeal. Section 1 of this act, relative to the establishment of a cold case homicide unit, is repealed.
4 Effective Date.
I. Section 3 of this act shall take effect July 1, 2013.
II. The remainder of this act shall take effect upon its passage.
HEARINGS
FRIDAY, MAY 8, 2009
FINANCE, Room 100, SH
Sen. Hassan (C), Sen. Larsen
DIVISION I WORK
SESSION:
9:00 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES
10:00 a.m. DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
12:00 p.m. DEPARTMENT OF INFORMATION TECHNOLOGY
FINANCE, Room 102, LOB
Sen. Sgambati (C), Sen. Odell
DIVISION III WORK
SESSION:
9:00 a.m. DIVISION OF FAMILY ASSISTANCE
9:45 a.m. DIVISION OF CHILD SUPPORT SERVICES
10:30 a.m.
MONDAY, MAY 11, 2009
CAPITAL BUDGET, Room 100, SH
Sen. Janeway (C), Sen. Hassan (VC), Sen. D'Allesandro, Sen. Kelly, Sen. Gatsas, Sen. Downing
9:00 a.m. - 12:00 p.m. WORK SESSION
EXECUTIVE SESSION MAY FOLLOW
FINANCE, Room 100, SH
Sen. Hassan, (C), Sen. Larsen
DIVISION I WORK
SESSION:
2:30 p.m. JUDICIAL BRANCH
3:30 p.m. DEPARTMENT OF JUSTICE
TUESDAY, MAY 12, 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 103, (New Title) relative to paying discharged and laid off employees.
9:00 a.m. HB 376, (New Title) relative to condominium association meetings.
9:30 a.m. HB 161, repealing protection of uncopyrighted compositions in state law.
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. EXECUTIVE SESSION ON PENDING LEGISLATION
ELECTION LAW AND VETERANS' AFFAIRS, Room 101, LOB
Sen. Lasky (C), Sen. Houde (VC), Sen. Merrill, Sen. Barnes, Sen. Carson
8:30 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION
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 36, relative to the purchase of information technology by state agencies.
2:20 p.m. HB 78, (New Title) relative to the interbranch criminal and juvenile justice council and appointing an additional member to the interagency coordinating council for women offenders.
2:40 p.m. HB 131, (New Title) relative to the juvenile justice advisory board.
3:00 p.m. HB 255, relative to the filing of statements of financial interest.
3:20 p.m. HB 519, relative to supervision of state employees who are related by birth or marriage.
EXECUTIVE SESSION MAY
FOLLOW
FINANCE, Room 100, SH
Sen. Janeway (C), Sen. Gallus
2:00 p.m. DIVISION II WORK SESSION
FINANCE, Room 102, LOB
Sen. Sgambati (C), Sen. Odell
2:00 p.m. DIVISION III WORK SESSION
HEALTH AND HUMAN SERVICES, Room 103, SH
Sen. Sgambati (C), Sen. Gilmour (VC), Sen. Kelly, Sen. Gallus, Sen. Downing
8:30 a.m. HB 619, relative to medical records and patient information.
8:45 a.m. HB 40, requiring sanctions against hospitals for failing to report infection rates.
9:00 a.m. HB 542, relative to a health information exchange.
9:15 a.m. HCR 2, (New Title) endorsing the National Health Care Act.
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 204, relative to discovery in driving while intoxicated cases.
2:15 p.m. HB 363, eliminating requirements for additional breath tests for blood alcohol content.
2:30 p.m. HB 171, establishing a commission to evaluate mental health courts and establish standards for the operation of mental health courts.
2:45 p.m. HB 173, relative to the basis for awarding custody to a stepparent or grandparent.
3:00 p.m. HB 206, relative to retention of governmental records under the right-to-know law.
3:15 p.m. HB 214, (New Title) establishing a committee to study health care services in correctional facilities and the issue of access to inmates by medical care, mental health care, and substance abuse treatment providers.
3:30 p.m. HB 230, relative to the burden of proof for a finding of abuse in domestic violence cases.
3:45 p.m. HB 260, relative to quieting title in certain trust circumstances.
4:00 p.m. HB 270, relative to sale of human remains.
EXECUTIVE SESSION MAY
FOLLOW
THURSDAY, MAY 14, 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. - 10:00 a.m. WORK SESSION
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. EXECUTIVE SESSION ON PENDING LEGISLATION
PUBLIC AND MUNICIPAL AFFAIRS, Room 103, LOB
Sen. DeVries (C), Sen. Houde (VC), Sen. Sgambati, Sen. Roberge, Sen. Barnes
8:30 a.m. HB 319, (New Title) authorizing the
8:45 a.m. HB 247, relative to the assistance of the state veterinarian with the investigation and enforcement of animal abuse laws.
9:00 a.m. HB 43, relative to subdivision and site plan regulation waivers.
9:15 a.m. HB 446, defining "unnecessary hardship" for purposes of zoning variances.
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 273, relative to submission of electronic data by municipal and county inspection stations.
10:45 a.m. HB 76, establishing a permanent commission to study recommendations of the National Transportation Safety Board.
(the previous hearing for HB 76 was recessed on April 30th, reconvening with a proposed amendment)
11:00 a.m. HB 518, relative to driver's license application forms.
(the previous hearing for HB 518 was recessed on May 7th)
11:30 a.m. HB 34, (New Title) prohibiting writing a text message while driving.
EXECUTIVE SESSION MAY
FOLLOW
TUESDAY, MAY 19, 2009
HEALTH AND HUMAN SERVICES, Room 103, SH
Sen. Sgambati (C), Sen. Gilmour (VC), Sen. Kelly, Sen. Gallus, Sen. Downing
8:30 a.m. HB 113, (New Title) extending the moratorium on nursing home beds and rehabilitation beds.
8:45 a.m. HB 158, relative to the membership on the healthy kids board.
9:00 a.m. HB 251, relative to the state registry of founded reports of abuse, neglect, or exploitation of adults.
9:15 a.m. HJR 2, urging Congress to modify Medicare payments to enhance the compensation of primary care providers.
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 694, adopting the uniform child abduction prevention act.
2:15 p.m. HB 695, adopting the uniform child custody jurisdiction and enforcement act.
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, Sen. Bradley
10:15 a.m. CONTINUED REVENUE HEARINGS
THURSDAY, MAY 21, 2009
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. ALL DAY WORK SESSION
PUBLIC AND MUNICIPAL AFFAIRS, Room 103, LOB
Sen. DeVries (C), Sen. Houde (VC), Sen. Sgambati, Sen. Roberge, Sen. Barnes
8:30 a.m. HB 321, delaying the effective date of 2008 SB 342-FN-LOCAL, relative to workforce housing.
8:50 a.m. HB 351, relative to the interest rate on late and delinquent property tax payments and subsequent payments.
9:00 a.m. HB 96, correcting certain references relating to municipal growth management.
EXECUTIVE SESSION MAY FOLLOW
FRIDAY, MAY 22, 2009
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
9:00 a.m. ALL DAY WORK SESSION
SATURDAY, MAY 23, 2009
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
9:00 a.m. ALL DAY WORK SESSION
TUESDAY, MAY 26, 2009
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
9:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION
THURSDAY, MAY 28, 2009
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. EXECUTIVE SESSION ON PENDING LEGISLATION
MEETINGS
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
COMMISSION TO RECOMMEND POLICIES AND PROGRAMS RELATED TO INCREASING THE NUMBER OF NEW HAMPSHIRE INDIVIDUALS IN HEALTH PROFESSIONS SERVICING NEW HAMPSHIRE'S RURAL AND UNDERSERVED AREAS WITH FOCUS ON PRIMARY CARE (HB 1615, Chapter 367:3, Laws of 2008)
Cancelled Room 205, LOB Regular Meeting
COMPREHENSIVE CANCER PLAN OVERSIGHT BOARD (RSA 126-A:65)
12:00 p.m. Foundation for Healthy Communities 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
monday, may 11, 2009
COUNCIL ON THE RELATIONSHIP BETWEEN PUBLIC HEALTH AND THE ENVIRONMENT (RSA 125-P:1)
9:30 a.m. Room 205, LOB Regular Meeting
TUESDAY, MAY 12, 2009
OVERSIGHT COMMISSION ON MOTOR VEHICLE FINES (RSA 262:45)
11:00 a.m. Room 202, LOB Organizational Meeting
WEDNESDAY, MAY 13, 2009
SCHOOL ADMINISTRATIVE UNIT SYSTEM LEGISLATIVE OVERSIGHT COMMITTEE (RSA 194-C:11)
10:30 a.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
WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62)
9:00 a.m. Room 303, 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
EMERGENCY MANAGEMENT SYSTEM JOINT LEGISLATIVE OVERSIGHT COMMITTEE (RSA 21-P:51)
10:00 a.m. Room 205, LOB Regular Meeting
NH COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2)
10:00 a.m.
Assistance Foundation
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
10:00 a.m. Rooms 201-203, LOB Regular Meeting
RIGHT TO KNOW OVERSIGHT COMMISSION (RSA 91-A:11)
10:00 a.m. Room 208, LOB Regular Meeting
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
ELECTRONIC BALLOT COUNTING DEVICE ADVISORY COMMITTEE (HB 285, Chapter 134:1, Laws of 2008)
9:30 a.m. HAVA Conference Room Regular Meeting
Archives
and
ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21)
3:00 p.m. Upham-Walker House Regular Meeting
FRIDAY, MAY 29, 2009
WELLNESS AND PRIMARY PREVENTION COUNCIL (RSA 126-M:3)
10:00 a.m. Room 205, LOB Regular Meeting
MONDAY, JUNE 1, 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 2008)
10:00 a.m. Room 206, 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
EMERGENCY MANAGEMENT SYSTEM JOINT LEGISLATIVE OVERSIGHT COMMITTEE (RSA 21-P:51)
10:00 a.m. Room 205, LOB Regular Meeting
********
SENATE BILLS AMENDED BY THE HOUSE
SB 14, relative to the governing boards of allied health professionals.
SB 26, relative to degree granting
authority for
SB 30, (2nd New Title) relative to notice of rights under the manufactured housing law.
SB 49, relative to the board of barbering, cosmetology, and esthetics.
SB 52, making technical corrections to laws relative to courts and court procedures.
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 108, establishing a committee to study the imposition of assessments to retirement system employers for excess benefits paid to retirees.
SB 118, relative to assistance in voting.
SB 133-FN, authorizing purple heart special
number plates for veterans still on active duty.
SB 155, relative to financial disclosure by legislators.
SB 156, relative to the commission to study the creation of an animal care worker classification.
SB 159-FN, relative to broadband technology planning and development.
SB160-FN, relative to benefits of dependents of
a group II retirement system member who is killed or dies in the performance of
duty.
SB 189, relative to decisions of local
land use boards.
********
ENROLLED BILL
AMENDMENTS ARE AVAILABLE IN THE SENATE CLERK'S OFFICE FOR 2009 BILLS:
SENATE BILLS:
37, 93, 153.
HOUSE BILLS: 84,
105, 483, 545, 552.
********
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: 5,
10, 25, 28, 39, 65, 67, 68, 69, 79, 82, 89, 90, 99, 100, 103, 106, 107, 114, 134,
135, 137, 139, 141, 144, 145, 146, 149, 157, 159, 163, 165, 167, 169, 170, 174,
175, 176, 177, 178, 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, 641, 671, 685.
********
NOTICES
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
********
MONDAY, MAY 11, 2009
Unitil would like to invite all legislators and staff to the
re-opening of our
Senator Margaret Wood Hassan, Majority Leader
********
TUESDAY, MAY 12, 2009
"Coos Goes South," Tuesday May 12th, 2009, 9:00
a.m. to 4:00 p.m., Statehouse Lawn. Join the people of
Sylvia B. Larsen, Senate President
********
WEDNESDAY, MAY 13, 2009
The New Hampshire Optometric Association hosts its Eye-Opener Breakfast on
Wednesday, May 13th in the State House Cafeteria. Legislators
and staff are invited to stop by anytime from
8:00 to 9:30 a.m. to learn about eye
health, the practice of Optometry and how the state regulates the profession of
Optometry.
Senator Margaret Wood Hassan, Majority Leader
********
WEDNESDAY, MAY 20, 2009
The 7th Annual Rock N Race to benefit the
Concord Hospital Payson Center for Cancer Care will be taking place on
Wednesday, May 20th.
The start time will be shortly after 6:00 p.m. There
will be heavy foot traffic as they expect over 6,000 participants. The race start will take place on
Please note the following roads will be closed:
Capital Street between North Main and
Senator Peter E. Bragdon, Minority Leader
********
SENATE SCHEDULE
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
********
VISITORS' CENTER SCHEDULE - 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 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 |
|
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 |